WT/TPR/S/279/Rev.1  
10 July 2013  
(13-3495)  Page: 1/202  
Trade Policy Review Body   
 
  TRADE POLICY REVIEW 
REPORT BY THE SECRETARIAT 
MEXICO 
Revision 
This report, prepared for the fifth Trade Policy Review of Mexico, has been drawn up by the 
WTO Secretariat on its own responsibility. The Se cretariat has, as required by the Agreement 
establishing the Trade Policy Review Mech anism (Annex 3 of the Marrakesh Agreement 
Establishing the World Trade Organization), sought clarification from Mexico on its trade policies and practices.  
Any technical questions arising from this report may be addressed to 
Mr Angelo Silvy (022 739 5249) or Ms Ana Cristina Molina (022 739 6060).  
Document WT/TPR/G/279/Rev.1 contains the policy statement submitted by Mexico. 
 
 
Note: This report was drafted in Spanish. WT/TPR/S/279/Rev.1 • Mexico 
 
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  CONTENTS 
SUMMARY ....................................................................................................................... . 8 
Overview ...................................................................................................................... ... 8 
Economic Envi ronment ...................................................................................................... 8  
Trade and Investme nt Policy .............................................................................................. 9  
Trade Policies by Measure .................................................................................................. 9  
Trade Policies by Sector .................................................................................................... 11 
1   ECONOMIC ENVIRONMENT ........................................................................................ 12  
1.1   Overview ................................................................................................................. 12 
1.2   Macroeco nomic Trends .............................................................................................. 12 
1.2.1   Structure, gr owth and em ployment .......................................................................... 12 
1.2.2   Fiscal policy ......................................................................................................... . 17 
1.2.3   Monetary and exchange-rat e policy .......................................................................... 19 
1.2.4   Balance of payments .............................................................................................. 21 
1.3   Developments in tr ade and invest ment flows ................................................................ 24 
1.3.1   Mercha ndise trade ................................................................................................. 24 
1.3.1.1   Composition of trade in goods ............................................................................... 25 
1.3.1.2   Direction of merchandise trade .............................................................................. 26 
1.3.2   Trade in services ................................................................................................... 26 
1.3.3   Foreign di rect inve stment........................................................................................ 27 
2   TRADE AND INVE STMENT RE GIME ............................................................................ 29  
2.1   General legal framework ............................................................................................ 29 
2.2   Trade policy obje ctives and formulation ....................................................................... 30 
2.3   International trade relations ....................................................................................... 31 
2.3.1   WTO ................................................................................................................... . 31 
2.3.2   Trade agreements .................................................................................................. 32 
2.3.2.1   Free trade agreements ......................................................................................... 34 
2.3.2.1.1   Free trade agreements with North American and Latin American countries ................ 35 
2.3.2.1.2   Free trade agreements with European countries .................................................... 37 
2.3.2.1.3   Free Trade Agreements with other countries ......................................................... 37 
2.3.2.2   Partial scope agreements ..................................................................................... 38 
2.3.3   Other agreements and preference s in force ............................................................... 39 
2.3.4   Trade agreemen ts under ne gotiation ........................................................................ 39 
2.4   Foreign inve stment regime ........................................................................................ 40 
2.4.1   Formulation and regulatory framework ...................................................................... 40 
2.4.2   Restrictions on foreign investment ............................................................................ 41 
2.4.3   Incentives fo r foreign in vestment ............................................................................. 43 
2.4.3.1   International investment agreements ..................................................................... 43 
2.4.3.2   Other incentives ................................................................................................. 43 
2.4.4   Establishm ent of co mpanies .................................................................................... 44 WT/TPR/S/279/Rev.1 • Mexico 
 
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  3   TRADE POLICIES  BY MEASURE .................................................................................. 46  
3.1   Overview ................................................................................................................. 46 
3.2   Measures direct ly affectin g imports ............................................................................. 47 
3.2.1   Cust oms regimes ................................................................................................... 47 
3.2.2   Registration, customs documents and procedures ....................................................... 48 
3.2.3   Custom s valuation ................................................................................................. 51 
3.2.4   Rules of origin .......................................................................................................  53 
3.2.5   Tariffs ............................................................................................................... ... 54 
3.2.5.1   Tari ff struct ure ................................................................................................... 56 
3.2.5.2   Tari ff bindings .................................................................................................... 58 
3.2.5.3   Tariff concessions ................................................................................................ 59 
3.2.5.4   Preferential tariffs ............................................................................................... 59 
3.2.5.5   Latest tariff modifications: the change in nomenclature from HS 2007 to 
HS 2012 ....................................................................................................................... .. 59 
3.2.6   Tariff quotas .........................................................................................................  60 
3.2.7   Other charge s affecting imports ............................................................................... 62 
3.2.8   Import, restri ctions and licensing ............................................................................. 63 
3.2.9   Continge ncy measures ........................................................................................... 66 
3.2.9.1   Legal and in stitutional framework .......................................................................... 66 
3.2.9.2   Anti-dum ping measures ....................................................................................... 66 
3.2.9.3   Counterv ailing measures ...................................................................................... 69 
3.2.9.4   Safeguard measures ............................................................................................ 69 
3.2.10   Technical regulations and standards ........................................................................ 69 
3.2.10.1   Legal and in stitutional framework ........................................................................ 69 
3.2.10.2   Techni cal regula tions ......................................................................................... 71 
3.2.10.3   Conformity asse ssment and cert ification ............................................................... 72 
3.2.10.4   Labelling and marking ........................................................................................ 74 
3.2.10.5   Standards ........................................................................................................ 76 
3.2.11   Sanitary and ph ytosanitary measures ..................................................................... 76 
3.2.11.1   Legal and in stitutional framework ........................................................................ 76 
3.2.11.2   Drafting and impl ementation of  measures ............................................................. 78 
3.2.11.3   Risk analysis and conformity  assessment .............................................................. 80 
3.2.11.4   Other products regulate d on grounds of sanitary risk .............................................. 81 
3.3   Measures direct ly affectin g exports ............................................................................. 81 
3.3.1   Registration and documentation ............................................................................... 81 
3.3.2   Export ta xes and duties .......................................................................................... 83 
3.3.3   Export prohibitions , regulations and permits .............................................................. 84 
3.3.4   Tariff an d tax conc essions ....................................................................................... 86 
3.3.4.1   Gene ral features ................................................................................................. 86 
3.3.4.2   The IMMEX programme ........................................................................................ 87 
3.3.4.3   Import Duty Drawba ck Programme fo r Exporters ..................................................... 89 WT/TPR/S/279/Rev.1 • Mexico 
 
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  3.3.5   Export financing, insurance and guarantees ............................................................... 89 
3.3.6   Export promotion ................................................................................................... 90 
3.4   Other measures affect ing production and trade ............................................................. 91 
3.4.1   In centives ............................................................................................................  91 
3.4.1.1   Tax incentives .................................................................................................... 91 
3.4.1.1.1   PROSEC programmes ........................................................................................ 91 
3.4.1.1.2   Other tax incentives ......................................................................................... 93 
3.4.1.2   Financial incentives ............................................................................................. 94 
3.4.1.3   Other incentives ................................................................................................. 94 
3.4.1.4   Trade-related investment measures ....................................................................... 95 
3.4.2   Competition policy and price controls ........................................................................ 95 
3.4.2.1   Competition policy .............................................................................................. 95 
3.4.2.2   Pric e contro ls ..................................................................................................... 97 
3.4.3   State-ow ned enterprises ......................................................................................... 98 
3.4.4   Governme nt procurement ....................................................................................... 98 
3.4.4.1   Legal and in stitutional framework .......................................................................... 98 
3.4.4.2   Procurem ent procedures ...................................................................................... 99 
3.4.4.3   Incentives to particip ate in government  procurement ............................................. 101  
3.4.5   Trade-related intellectua l property righ ts (IPR s) ....................................................... 102  
3.4.5.1   Legal framework ............................................................................................... 102  
3.4.5.2   Institutional framework ...................................................................................... 104  
3.4.5.3   Participation in the WTO an d other internationa l initiatives ...................................... 106  
3.4.5.4   Trend in intellectual property-related activities ...................................................... 106  
3.4.5.5   Incentives ........................................................................................................ 109  
4   TRADE POLICIES BY SECTOR ................................................................................... 110  
4.1   Overview ............................................................................................................... 110  
4.2   Agriculture ............................................................................................................ 112 
4.2.1   Main features ...................................................................................................... 11 2 
4.2.2   Policy objectives .................................................................................................. 11 2 
4.2.3   Agricultural support indi cators ............................................................................... 114  
4.2.4   Policy instruments ............................................................................................... 115  
4.2.4.1   Bord er measures............................................................................................... 115  
4.2.4.2   Domestic support measures ................................................................................ 120  
4.2.4.2.1   Institutional fr amework and disb ursement s ........................................................ 120  
4.2.4.2.2   PROCAMPO .................................................................................................... 121  
4.2.4.2.3   Programme of Support for Invest ment in Equipment an d Infrastruc ture ................. 122  
4.2.4.2.4   Risk preven tion and mana gement ..................................................................... 124  
4.2.4.2.5   Support fo r Contract Farming ........................................................................... 125  
4.2.4.2.6   PROGAN ....................................................................................................... 125  
4.2.4.2.7   Other programmes ......................................................................................... 126  WT/TPR/S/279/Rev.1 • Mexico 
 
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  4.2.4.3   Financing ......................................................................................................... 1 26 
4.2.5   Fishing an d aquaculture ........................................................................................ 128  
4.3   Manufac turing ........................................................................................................ 12 9 
4.3.1   Main features ...................................................................................................... 12 9 
4.3.2   IMMEX maquila and manufacturing sector ............................................................... 131  
4.3.3   Policy objectives and instruments ........................................................................... 132  
4.4   Energy ..................................................................................................................  133 
4.4.1   Main features ...................................................................................................... 13 3 
4.4.2   Hydrocarbons ...................................................................................................... 134  
4.4.3   El ectricity ...........................................................................................................  138 
4.5   Services ................................................................................................................  140 
4.5.1   Financial services ................................................................................................. 140  
4.5.1.1   Overview ......................................................................................................... 14 0 
4.5.1.2   Banks .............................................................................................................. 142  
4.5.1.3   In suranc e ........................................................................................................ 14 5 
4.5.1.4   Securities market .............................................................................................. 148  
4.5.1.5   Pension system ................................................................................................. 150  
4.5.2   Telecommunications ............................................................................................. 151  
4.5.2.1   Main featur es and stru cture ................................................................................ 151  
4.5.2.2   Institutional and regulatory framework ................................................................. 154  
4.5.3   Air transport and airports ...................................................................................... 159  
4.5.3.1   Main features ................................................................................................... 159  
4.5.3.2   Regulato ry framew ork ....................................................................................... 161  
4.5.4   Maritime tr ansport and ports ................................................................................. 163  
4.5.4.1   Main features ................................................................................................... 163  
4.5.4.2   Regulato ry framew ork ....................................................................................... 164  
4.5.5   Profession al services ............................................................................................ 166  
REFERENC ES ................................................................................................................ 170  
5   APPENDIX TABLES .................................................................................................. 174  
CHARTS 
 
Chart 1.1 Current account and financial acco unt of the balance of  payments , 2006-2011 ........... 22 
Chart 1.2 Components of th e current acco unt, 2006- 2011 ..................................................... 23 
Chart 1.3 Components of the financial account, 2006-2011 .................................................... 24 
Chart 1.4 Exports and impo rts of goods,  2006-2 011 ............................................................. 25 
Chart 1.5 Merchandise exports and impo rts by type of pr oduct, 2006 -2011 .............................. 26 
Chart 3.1 Trend in the number of duty-free tariff headings on an  MFN basis,  2007-2012 ............ 56 
Chart 3.2 Structure of MFN tariffs in 2007 and 20 12 ............................................................. 57 
Chart 3.3 Breakdown of  MFN rates,  2012 ............................................................................ 58 
Chart 3.4 Structure of MFN tariffs between January and September 2012, HS 07 and 
HS 12 nomenc lature s ....................................................................................................... 60 WT/TPR/S/279/Rev.1 • Mexico 
 
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  Chart 3.5 Mexican Official Standard s by Ministry, 20 07-2012 (Oct ober) ................................... 72 
Chart 3.6 Mexico's exports and impo rts by type of regime, 2007-2011  .................................... 87 
Chart 3.7 Cases concluded by the Fede ral Competition Co mmission, 2007-201 1 ....................... 96 
 
TABLES 
 Table 1.1 Main economic  indicators , 2006-2 012 ................................................................... 13
 
Table 1.2 Structure of GDP by expenditur e, 2006-2 012 ......................................................... 14 
Table 1.3 Balance of the federal non-fina ncial public sector  (NFPS), 2006-2012  ........................ 17 
Table 1.4 Main monetary  indicators , 2006-2 012 ................................................................... 20 
Table 1.5 Balance of payments, 2006-2012 (3rd Quarter) ...................................................... 22 
Table 1.6 Trade in servic es, 2006-2012 (S eptemb er) ............................................................ 27 
Table 1.7 Foreign direct investment by activity, 2006-2012 .................................................... 28 
Table 1.8 Foreign direct investment  by country of origin, 2006- 2012 ....................................... 28 
Table 2.1 List of regional trade agreements signed by Mexico (in force, whether or not 
notified), 2007-2012  ........................................................................................................ 32 
Table 2.2 Features of trade between Mexico and countries with which it has a trade 
agreement ..................................................................................................................... . 34 
Table 2.3 Limits on foreign investment, 2012 ....................................................................... 42 
Table 3.1 Customs regimes,  2012  ...................................................................................... 48 
Table 3.2 List of used automotive pr oducts subject to estimated prices .................................... 53 
Table 3.3 Summary of  MFN tari ffs, 2012 ............................................................................. 55 
Table 3.4 Unilateral tariff quotas applied by Mexico ............................................................... 60 
Table 3.5 Products subject to a prior import  permit issued by the SE, September 2012 .............. 64 
Table 3.6 Investigations initiated by  type of procedur e, 2007-2012 (June) ............................... 66 
Table 3.7 Anti-dumping investigations initiated between 2007 and June 2012 (in 
chronological order) and their outcome ............................................................................... 67 
Table 3.8 Products subject to a special NOM on commercial or sanitary information 
requirements for labe lling and packaging............................................................................. 75 
Table 3.9 Principal laws and decisions composing Mexico's legal framework for sanitary and 
phytosanitary measures .................................................................................................... 76 
Table 3.10 Requirements for requesting a cert ificate of origin according to the trade 
agreement ..................................................................................................................... . 82 
Table 3.11 Goods subject to ex port taxes, September 2012 ................................................... 84 
Table 3.12 Goods subject to a prior export perm it or automatic export notification by the 
SE, September 2012 ........................................................................................................ 85 
Table 3.13 Options under the IMMEX pr ogramme ................................................................. 89 
Table 3.14 Number of tariff headings for inputs covered by the various 
PROSEC programmes, December 2011 ............................................................................... 92 
Table 3.15 Tax incentives for the pr omotion of econom ic activities .......................................... 93 
Table 3.16 Amounts and number of contracts by type of bidding procedure registered by 
CompraNet, 2007-201 1 .................................................................................................. 101  
Table 3.17 Legal framework for inte llectual property , June 2012 ........................................... 103  
Table 3.18 Industrial property applicat ions and registrati ons, 2006-20 12 ............................... 107  WT/TPR/S/279/Rev.1 • Mexico 
 
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  Table 3.19 IPR royalties an d licence fees , 2000-201 1 .......................................................... 107 
Table 3.20 Royalties and licence fees, Mexico-United States, 2006-2010 ................................ 108  
Table 4.1 Agricultural support estimates, 2006-2011 ........................................................... 114  
Table 4.2 Multilateral tariff qu otas and import volume, 2012 ................................................ 116  
Table 4.3 Export volumes for agri cultural produc ts, 1999-2 007............................................. 120  
Table 4.4 Productivity in the manufacturi ng sector in real  terms, 2008-2012 .......................... 130  
Table 4.5 Manufacturing industry 's share of GD P, 2006-2 012 ............................................... 131  
Table 4.6 Structural indicators, manufacturing enterprises under the IMMEX regime, 
2007-2012 .................................................................................................................... 132  
Table 4.7 Petroleum reserves, pr oven, probable and possible ............................................... 134  
Table 4.8 Private participation in the hydrocar bon sector ..................................................... 136  
 
BOXES 
 
Box 2.1 System of  government .......................................................................................... 29 
Box 2.2 Principal federal bodies as regards foreign in vestment, 2012 ...................................... 41 
Box 3.1 Changes in customs requirements for impo rts .......................................................... 49 
Box 3.2 Categories of certified en terpri se ............................................................................ 51 
Box 3.3 Incentives eliminated over the period 2008-2012 ...................................................... 94 
Box 4.1 Main actions undertaken in the teleco mmunications area in th e period 2007 -2012 ....... 158  
 
APPENDIX TABLES 
 Table A1.1 Merchandise exports by prod uct category (SITC Rev.3), 2006- 2011 ...................... 174
 
Table A1.2 Merchandise imports by prod uct category (SITC Rev.3), 2006- 2011 ...................... 176  
Table A1.3 Exports by product, 2007- 2012 ........................................................................ 178  
Table A1.4 Imports by product, 2007-2012 ........................................................................ 180  
Table A1.5 Merchandise exports by trading partner, 2006-2012 ............................................ 182  
Table A1.6 Merchandise imports by trading partner, 2006-2012 ............................................ 183  
Table A2.1 Selected notifications to the WTO, October 20 07 - August 2012 ............................ 184  
Table A2.2 WTO dispute settlement cases involving Mexico, 2007-2012a ................................ 186  
Table A3. 1 Preferential tariff summa ry, 2012  .................................................................... 189  
Table A3. 2 National Foreign Trade Bank (Ban comext) credits and fi nancial services ................ 190  
Table A3. 3 Federal financial incentive pr ogrammes for businesses,  October 2012 ................... 193  
Table A3. 4 Mexico's intellectual property regime - Selected trade policy issues, 2012 .............. 195  
Table A3. 5 Intellectual property prov isions in Mexico 's FTAs, 2012 ....................................... 202  
 
 WT/TPR/S/279/Rev.1 • Mexico 
 
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  SUMMARY 
Overview 1. The Mexican economy has successfully overcome the global financial crisis of 2008-2009 
through the implementation of countercyclical fisca l and monetary policies, and supported both by 
a recovery in domestic demand and exports. 
2. Since its last review in 2008, Mexico has la unched a unilateral liberalization programme, to 
be implemented between 2009 and 2013, lowering ta riffs on a wide range of manufactured goods. 
This is most noteworthy as Mexico was one of the few countries to carry out substantial tariff 
reductions in the aftermath of the global financial crisis, which hit the Mexican economy relatively hard. The most important change took place in 2010, when tariffs were eliminated on 3,852 lines. During the same period, Mexico simplified its tariff structure by reducing the number of tariff levels 
from 88 to 28. 
3. Mexico has also adopted measures to simplify customs procedures and reduce import costs. 
Such measures include the elimination in 2008 of ce rtain import requirements and the creation of 
a single window for trade, which became fully operational in September 2012. However, and 
despite these efforts, there is scope to reduce the incidence of non-tariff border measures, particularly sanitary and phytosanitary measures. In the area of customs valuation, Mexico 
eliminated "estimated prices" for glass, iron, toys, textiles, but maintained those on used cars. 
Mexico continues to require import permits for certain products including oil products, used tyres, and used cars. 
4. Mexico continues to be a user of anti-dumping measures, although recourse to them has 
diminished considerably in recent years. During the period under review Mexico has strengthened 
its competition law, but limited competition persists in key sectors. Reforms in 2010 increased penalties for violations of the competition law and made unfair competition practices a criminal 
offence. Nevertheless, there is still scope to enhance competition in sectors such as hydrocarbons, 
electricity and telecommunications.  
5. Mexico promotes its exports through different types of programmes, in particular the 
Programme for Industry, Manufacturing, Maquila and Export Services (IMMEX). During the 
period 2007-2011, 66.2% of Mexico's exports and 47.2% of its imports were made by companies under the IMMEX programme. 
Economic Environment 
6. The Mexican economy has successfully overcome the global financial crisis of 2008-2009, 
which led to a substantial contraction in GDP in 2009. Through the successful implementation of countercyclical fiscal and monetary policies, Mexico came out of recession in 2010 and since then 
has shown solid growth rates, of 5.6% in 2010, 3.9% in 2011, and 4.2% in the first three quarters 
of 2012. Per capita income declined as a result of the crisis, but it has been recovering since 2010, 
reaching a level of around US$10,000 in September 2012. Economic growth has been supported 
both by domestic demand and by a recovery of exports. 
7. Although output has returned to pre-crisis levels, the unemployment rate, at some 5% 
in end-2012 remains higher than before the crisis. Inflation has been kept under control, with consumer prices increasing by 4.8% in the 12 months to September 2012; this has allowed the 
central bank to maintain low interest rates to support growth. 
8. The Mexican Federal Government's finances showed a slight deterioration in 2007-2011, 
closing the last two years of this period with defi cits of 2.7% and 2.5% of GDP. This deterioration 
partly reflects the fiscal stimulus implemented in 2009 as a response to the global economic 
slowdown. However, more recently, Mexico has returned to the path of fiscal consolidation. Public finances continue to show a high depend ence on oil revenues. In this sense, the fiscal 
situation continues to present challenges in the long term, particularly taking into account the 
possible decrease in oil revenues and an increase in expenses related to the ageing of the population. WT/TPR/S/279/Rev.1 • Mexico 
 
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  9. The deficit of the current account showed important fluctuations during the period 
under review, although it remained moderate in terms of share of GDP. In 2011, it amounted US$9.15 billion (0.8% of GDP), almost half its value in 2008. 
10. Mexico's trade growth decelerated between 2007 and 2011. During this period, merchandise 
exports and imports, measured in US dollars, grew by 28.6% and by 24.4% respectively, while 
in 2002-2006 both imports and exports had expanded by over 50%. Manufactured products dominate Mexican exports (72.9% of the total) and imports (78.1% of the total). Mexico's export 
structure is highly concentrated in one market, namely the United States, on average 80.4% of 
Mexico's exports are destined to this market. Imports are relatively more diversified: on average 49% of its imports originate in the United States. Other important suppliers are China (13.1% of imports), and Japan (5.1% of imports). Trade with China has increased sharply in 
recent years. 
11. One of the challenges facing Mexico is to achi eve an increase in labour productivity and in 
overall economic competitiveness and ensure sustained growth. Real GDP growth over 2007-2011 
was just 1% on average per year, which translat es into a stagnation of annual average GDP per 
capita over the period. Also, although Mexico is  a medium-income country, with GDP per capita of 
just over US$10,000, income distribution is skewed and poverty reduction remains a challenge. 
Overdue reforms are needed to accelerate growth. In response to this, the Government has 
introduced policies aimed at improving the busine ss environment, mainly by cutting red tape and 
fostering competition. Also, measures have been introduced to address these issues, such as a significant reduction in applied tariffs on manufactured products, and the launching of a process of 
regulatory reform and improvements to compet ition policy regulations and implementation. 
However, further reforms, including changes in the petroleum industry in order to increase output, fiscal reform to widen the tax base, and changes in labour market legislation, are needed to 
enhance competitiveness and support sustained growth. 
Trade and Investment Policy 12. During the period under review, there was no substantial change to Mexico's trade policy or 
its underlying legal framework. The objective of Mexico's trade policy remains to strengthen and 
increase Mexico's participation in world trade through the multilateral trade system and preferential trade agreements.  
13. As a WTO Member, Mexico grants MFN treatment to all its trading partners, including 
non-WTO Members. Mexico recognizes the importance of the conclusion of the Doha negotiations 
and of improving WTO disciplines to ensure the e ffectiveness of the multilateral trading system. 
14. Mexico is one of the countries in Latin America with the largest number of trade agreements. 
During the period under review, Mexico continued to expand its network of preferential trade 
agreements by signing three new trade agreemen ts. As of September 2012, it had 12 FTAs and 
eight partial scope agreements under the framewor k of the Latin American Integration Association 
(ALADI). The bulk of Mexico's trade is conducte d with FTA partner countries and mainly with the 
United States, a member of the North American Free Trade Agreement (NAFTA). 
15. Foreign investment is authorized up to 100% in the capital of Mexican companies, except for 
a list of activities which are reserved for the St ate, for Mexican nationals or subject to capital 
restrictions (10%, 25% and 49%) or approvals. Regi stration of foreign investment is still required. 
Since the last review, there were some changes in the legislation on foreign direct investment. As of 2008, Mexico authorized foreign investment up to 10% of the capital of a credit union. 
16. In order to promote and increase FDI, Mexico has continued to sign agreements for the 
Promotion and Reciprocal Protection of Investments. As of June 2012, Mexico had 28 investment agreements in force. 
Trade Policies by Measure 
17. During the period under review, Mexico undertook different actions to increase its 
competitiveness and reduce firm's trade costs.  With this aim, Mexico implemented measures to streamline customs procedures and reduce impo rt costs under the Trade Facilitation Decree WT/TPR/S/279/Rev.1 • Mexico 
 
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  of 2008 and the Custom Modernization Programm e 2007-2012. In 2008, Mexico removed some 
import requirements and established a single window for foreign trade operations, which became fully operational in September 2012. 
18. In 2009, Mexico implemented a unilateral liberalization programme, which 
covered manufactured goods only and is scheduled to be completed in 2013. As a result of 
this programme, by January 2012, 58.3% of Mexico's tariff lines were duty free and the average MFN tariff was 6.2%, down from 11.2%  in 2007. The average tariff for manufactured 
goods (WTO definition) declined from 9.9% in 2007 to 4.6% in 2012, while the average tariff for 
agricultural products (WTO definition) fell only from 23% to 20.9%. Following these tariff reductions, the difference between MFN and preferential duties has also declined. In addition, Mexico simplified its tariff structure by reducing the number of tariff levels from 88 to 28. 
However, a few tariff peaks re main; tariff levels ranged between 3% and 254% in 2012. 
19. Besides tariffs, imports are subject to: a custom s processing fee (DTA), a storage fee, the 
value added tax (VAT) and a tax on production and services (IEPS). New vehicles are also subject 
to a tax (ISAN). The DTA rate remains at 8 pe r thousand of the customs value of the good. 
20. Mexico applies tariff-rate quotas (TRQs) to agricultural products under the WTO framework, 
as well as unilateral and preferential TRQs to agricultural and industrial products. 
21. In the area of customs valuation, Mexico no longer applies "estimated prices" (reference 
prices), except for used cars. Import authorizations are required for a limited number of products. During the review period, the list of products subject to this requirement changed: in 2008 rough diamonds were added to this list, while in 2009 certain types of used vehicles were 
removed from it. 
22. Mexico has reduced the use of anti-dumping  measures during the review period, but 
continues to be an active user of this type of measure. Between 2007 and 2012, 15 anti-dumping 
investigations were initiated (42 in 2002-2006) and five definitive anti-dumping measures 
implemented (31 in 2002-2006). By June 2012, Mexico had 38 anti-dumping measures in force, but no countervailing measure was in place. 
23. Procedures for the adoption of technical regulations are clearly established. Technical 
regulations are subject to a sunset review after five years; if the review is not conducted, the measures automatically expire. In 2008, Mexico gradually eliminated the "establishment" requirement to obtain the health registration, needed to import drugs. Since then, foreign 
manufacturers can obtain the health registration i f  t h e y  h a v e  a  d o c u m e n t  c e r t i f y i n g  t h a t  t h e  
company has a licence to manufacture drugs, issued  by the competent authority of their country of 
origin. In January 2011, Mexico also amended the information required on labels of food and 
soft drinks. 
24. In the area of sanitary and phytosanitary measures, obtaining a certificate and inquiring 
about the import requirements varies by product and measure. In order to ease the diffusion of 
information, in 2010 and 2012, Mexico implemented online databases containing the 
phytosanitary, animal health and aquaculture requirements. 
25. Mexico strongly promotes its manufacturing export sector through financial 
support programmes, tax incentives and training programmes. The main programmes offering 
tax benefits are: the programme of import tax refund (drawback) and the Programme for 
Industry, Manufacturing, Maquila and Export Se rvices (IMMEX), amended in 2010. During the 
period 2007-2011, 66.2% of Mexico's exports and 47.2% of its imports were made by companies 
under the IMMEX programme. 
26. To support national production, Mexico oper ates since 2002 several sectoral promotion 
programmes (PROSEC). During the period un der review, Mexico included two more 
programmes (food and fertilizers), thus totalling 24 programmes in 2012. In addition to these 
programmes, Mexico runs other programmes at th e firm and sector level, offering financial 
support, tax incentives or technical assistance. WT/TPR/S/279/Rev.1 • Mexico 
 
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  27. Exports are subject to a customs processing fee (DTA), except when goods are exported 
under certain trade agreements. This rate is fixed and applies for each transaction. Some products 
are subject to export taxes, while others require registration. Rough diamonds, iron minerals and some petroleum products are subject to export  permits. Of these products, only petroleum 
products required a permit at the time of last review. 
28. In the area of competition policy, Mexico has strengthened the role of the Federal 
Competition Commission and its system of penaltie s and fines during the review period. Despite 
this progress, some sectors are still characterized by limited competition, such as the hydrocarbon 
sector, telecommunications and electricity. Mexico continues to apply price controls on several products such as gasoline, electricity, and patented drugs. 
29. During the review period, Mexico made some changes in its legislation regarding the process 
of obtaining a patent, as well as regarding trademark registration and licensing. 
Trade Policies by Sector 30. Mexico maintains several incentives programmes for agriculture and fisheries. The rules of 
operation of these programmes are determined annually. Further reforms in the agricultural sector 
are required to achieve greater productivity and improve resource allocation. Although there has 
been a reduction in the most distorting interv entions, market-price support and output-based 
payments still account for over half the support given to producers. 
31. Mexico continues to be one of the main petroleum producers in the world; however the 
production of crude petroleum declined by 17% between 2007 and 2011, despite an increase in 
investment in the sector. Also, Mexico is currently a net importer of refined petroleum products.   
32. In 2008, Mexico launched a new petroleum law, which confirmed the State-owned 
Petróleos Mexicanos (PEMEX) exclusive role in certain strategic areas. The State retains ownership and control over hydrocarbons, but PEMEX may enter into contracts with the private sector for the 
provision of services related to the activities of exploration and production of hydrocarbons. 
The supply of electricity is also a State quasi-monopoly; the whole transmission network and most generating plants are operated by the State-ow ned Comisión Federal de Electricidad (CFE). 
33. Services have undergone substantial liberalization but this has not always been consolidated 
in GATS. Mexican market access is in practice much more favourable than Mexico's GATS commitments, which currently comprise 77 subsectors. Increased competition and foreign participation have led to major market structure adjustments in some sectors. However, more 
needs to be done to enhance competition, including foreign participation, in key areas such as 
telecommunications and air transport. 
34. The provision of financial services requires establishment in Mexico and the existence of a 
trade agreement on financial services with the institution's originating country. Once established, 
financial institutions are granted national treatment and foreign investors may own up to 100% of the capital. 
35. The telecommunications sector remains highly concentrated; the main operator 
controls 80% of the market for fixed telephony and 70% of the cell phone market. Mexican legislation does not oblige operators to unbundle services, and costs are still relatively high in international terms. 
36. The provision of regular air transport services requires a concession that is reserved to 
companies with at least 75% Mexican capital. WT/TPR/S/279/Rev.1 • Mexico 
 
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  1  ECONOMIC ENVIRONMENT 
1.1  Overview 1.1.  The Mexican economy has successfully overcome the 2008-2009 global financial crisis, which 
caused gross domestic product (GDP) to contract sharply in the latter year. By successfully 
implementing counter-cyclical fiscal and monetary policies, Mexico managed to exit the recession 
in 2010 and since then has posted solid growth rate s, driven by stronger demand domestically and 
a recovery of demand in the United States. 
1.2.  Having slipped back as a result of the cris is, per capita income has been recovering since, 
and reached a level of around US$10,000 in September 2012. Although Mexico has successfully withstood the global crisis, and the lost output has been recovered, unemployment has not yet returned to pre-crisis levels: the jobless rate was 5% in early 2012, compared to 4% before the 
crisis. One of the challenges facing Mexico is to increase labour productivity and improve the 
economy's general competitiveness. During the period under review, policy measures introduced for this purpose included a substantial cut in tariffs on manufactured products, together with 
regulatory improvements and reforms to competition policy. Nonetheless, levels of competition 
remain low in some sectors, such as hydrocarbons, telephony and telecommunications and television. Greater openness in these sectors would enhance the overall competitiveness of the 
Mexican economy.   
1.3.  Federal government finances worsened slightly in the period 2006-2011, and the last two 
years of that period ended with deficits of 2.7% and 2.5% of GDP. Although moderate, the 
deterioration in public finances over the last few years reflects the fiscal stimulus implemented 
in 2009 in response to the global economic slowdown. Nonetheless, more recently, Mexico has 
resumed fiscal consolidation. The fact that the country’s public finances remain heavily dependent on oil revenues poses long-term fiscal challenges, particularly in view of the possible future 
reduction in oil revenues combined with expenditure growth driven by population ageing. 
1.4.  Mexico has been successfully operating an inflation-targeting regime since 2001, holding 
inflation in a range of 3% plus or minus one percentage point for most of the review period, except 
2008. Its flexible exchange-rate policy involves in terventions in the foreign-exchange market to 
avoid excessive fluctuations; and this regime has made it possible to partially absorb the external shocks impacting the Mexican economy. 
1.5.  The current account deficit fluctuated widely during the review period. Having almost tripled 
in size to US$17,952 million between 2006 and 2008, it then narrowed in subsequent years, partly 
because of a steep fall in imports of goods and serv ices caused by the global economic crisis. The 
deficit widened again to US$9,153 million in 2011 (0.8% of GDP), chiefly owing to larger deficits 
on the services and income accounts, compounded by smaller migrant remittances. In that year, 
total merchandise trade (imports plus exports) represented 60.6% of GDP, virtually the same proportion as in 2006 (60.3%). The pace of Mexico's trade activities slackened during the review 
period: between 2007 and 2011, goods exports measured in US dollars grew by 28.6%, half of the 
rate recorded in the period 2002-2006, while imports expanded by 24.4% between 2007 and 2011, compared to 51.8% growth between 2002 and 2006. Manufacture d products continue 
to comfortably dominate Mexico’s trade, account ing for 72.9% of total exports and 78.1% of its 
imports. The United States remain Mexico's leading trade and investment partner by a wide 
margin, although imports from Asia, particularly China, have increased considerably. 
1.2   Macroeconomic Trends 
1.2.1  Structure, growth and employment 
1.6.  The 2008-2009 global financial crisis caused a substantial contraction in Mexico's GDP 
in 2009; but the successful implementation of coun tercyclical fiscal and monetary policies enabled 
the country to exit the recession in 2010 and post solid growth thereafter. Between 2007 
and 2011, GDP growth averaged 1.4% per year in real terms, down from the 2.8% average 
recorded in the six previous years. In 2006 and 2007 the economy expanded by 5.2% and 3.3%, respectively, before entering a slowdown phase, with 1.2% growth in 2008 followed by recession 
involving a sharp contraction of real GDP on th e order of 6% in 2009. The Mexican economy was WT/TPR/S/279/Rev.1 • Mexico 
 
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  severely affected by the recession in the United States, its main trading partner, and by the 
consequent reduction in remittances from abroad. The financial crisis also hit Mexico even though its banks were highly capitalized and displayed no signs of systemic risk. Real GDP expanded 
by 5.3% in 2010, and this was followed by 3.9% growth the following year (Table 1.1). As a 
result, the output lost during the global crisis was recovered, and the Government was even able 
to embark upon a fiscal-consolidation process (see below). 
Table 1.1 Main economic indicators, 2006-2012 
 2006  2007  2008  2009  2010 2011 2012 
Sept.  
I. Gross domestic product (GDP)  
GDP at current prices 
(Mex$ billion) 10,379 11,321 12,181 11,937 13,072 14,396 15,330 
GDP at current prices 
(US$ billion) 952 1,036 1,094 883 1,035 1,159 1,157 
Real GDP, growth rate (%) 5.2 3.3 1.2 -6.0 5.3 3.9 4.2 
Per capita GDP (current Mex$) 98,943 107,002 114,164 110,939 116,402 126,614 133,304 
Per capita GDP (US$) 9,077 9,790 10,257 8,202 9,212 10,192 10,064 
By branch of economic activity (percentage of current GDP) 
Agriculture, forestry, fishing 
and hunting  3.5 3.5 3.6 3.8 3.8 3.6 3.8 
Mining 8.2 8.6 9.8 7.5 8.3 10.0 10.1 
Electricity, water, and gas 
supplied by pipeline to the final 
consumer 1.4 1.5 1.5 1.2 1.2 1.2 1.2 
Construction 6.8 6.8 7.1 6.8 6.4 6.5 6.7 
Manufacturing industries 18.0 17.7 17.3 17.1 17.4 17.6 17.9 
Trade 14.9 14.9 15.1 14.5 15.3 15.8 16.0 
Transportation, postal, and 
warehousing services 6.7 6.5 6.4 6.5 6.8 6.7 6.8 
Information in mass media 2.9 3.1 3.0 3.2 3.0 2.8 2.8 
Financial and insurance 
services 3.1 3.4 3.4 3.6 3.5 3.4 3.5 
Real estate, rental and leasing 
of movable and intangible property 10.1 9.9 9.9 10.2 9.7 9.3 8.9 
Professional, scientific and 
technical services 3.2 3.2 3.2 3.2 3.0 2.9 2.7 
Corporate and business 
management 0.4 0.4 0.4 0.4 0.4 0.4 0.4 
Business support and waste 
management and remediation 
services 2.4 2.4 2.3 2.4 2.3 2.3 2.2 
Educational services 4.6 4.5 4.6 5.0 4.8 4.7 4.6 
Health and social assistance 
services 2.7 2.7 2.7 3.0 2.9 2.8 2.8 
Leisure, cultural, sporting and 
other recreational services 0.4 0.4 0.3 0.4 0.4 0.4 0.4 
Hotel and restaurant services 2.4 2.3 2.2 2.2 2.2 2.1 2.1 
Other services except public 
administration 2.4 2.4 2.3 2.4 2.3 2.3 2.3 
Public administration 3.7 3.7 3.8 4.2 4.2 4.1 4.0 
Financial intermediation 
services indirectly measured (SIFMI)  -1.7 -1.8 -1.8 -1.7 -1.9 -2.1 -2.2 
Net product taxes (-)  3.9 3.9 2.6 4.2 4.2 3.5 3.2 
II. Other economic indicators (percentage of current GDP)  
Gross national saving 25.9 26.3 26.8 23.6 23.7 24.8 24.8 
Domestic saving 25.5 25.4 25.4 22.9 23.4 24.1 25.1 
III. Employment        
Unemployment rate (%)a, b 3.6 3.7 4.0 5.5 5.4 5.2 5.0 
Employment rate (%)a, b 96.4 96.3 96.0 94.5 94.6 94.8 95.0 WT/TPR/S/279/Rev.1 • Mexico 
 
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   2006  2007  2008  2009  2010 2011 2012 
Sept.  
IV. Memorandum item        
Economically active population 
(%)b, c 58.8 58.8 58.8 58.7 58.5 58.7 59.2 
Total population (million) 104.9 105.8 106.7 107.6 112.3 113.7 115.0 
a Rate calculated with respect to the total population aged 14 years or older. 
b Figures obtained for 2012. 
c Projections by the National Population Counc il (CONAPO). The population figures for 2010 and 2011 
used INEGI data. 
Source: Bank of Mexico; National Institute of Statistics, Geography an d Informatics (INEGI). 
1.7.  Economic growth faltered slightly in 2011, es pecially in the second half of the year, partly 
because of a worsening of the international economic situation and weaker demand from the United States in particular. Nonetheless, the Mexican economy stayed on course to regain its 
pre-2008-2009 crisis levels. For example, installed capacity utilization in the automotive sector 
climbed to relatively high levels, although capacity utilization in the rest of the manufacturing sector remained below pre-crisis rates.
1 Domestic demand strengthened throughout most of the 
year, driven to some extent by an expansion of consumer credit.  Its rate of increase slackened in 
the fourth quarter, however, owing to a fall in  workers' average real income in 2011 and an 
incomplete recovery by family remittances, which failed to regain pre-crisis levels.2 
1.8.  Economic growth in 2012 was fuelled by st ronger demand both domestically and from the 
United States. Figures for the first three quarters of the year confirm a growth rate on the order 
of 4.2% with respect to the same period a year earlier. As noted by the Bank of Mexico, in 2012 
the Mexican economy proved resistant to the high levels of volatility and uncertainty prevailing on 
international financial markets and to the slower pace of economic growth in the United States.3 
Manufacturing exports grew during the first half of the year, particularly those from the automotive industry, with stronger sales both to the United States and to other markets, thanks largely to the depreciation of the real exchange rate compared to the levels attained in the first 
half of 2011. Domestic demand growth was driven by both private consumption and investment. 
The recovery of gross fixed invest ment largely reflects the buoyancy of investment expenditure on 
imported machinery and equipment, which, accordin g to the Bank of Mexico , would appear to be 
partly due to the continuing upward trend in installed capacity utilization in the manufacturing 
sector, which approached pre-crisis levels in 2012.
4 
1.9.  Private consumption outpaced GDP growth in  the first two years of the period under review, 
before faltering in 2008 and then turning sharpl y negative in 2009 in the wake of the global 
economic crisis (Table 1.2). The recovery achieved from 2010 onwards was based on a modest increase in employment, greater availability of financing, and an increase in the number of people in jobs. On the other hand, it was impaired by a lack of growth in family remittances, which, while 
still an important source of financing for consumption, totalled US$22,803 million in 2011 (2.0% of 
GDP) compared to US$25,145 million (2.3% of GDP) in 2008 before the crisis broke. 
Table 1.2 Structure of GDP by expenditure, 2006-2012 
 2006 2007 2008 2009 2010 2011 2012 
Sept.  
As a percentage of current GDP 
Supply of goods and services        
Gross production 172.3 171.5 173.0 171.3 171.6 172.2 173.3 
Imports of goods and services 29.2 29.5 30.3 29.1 31.5 31.6 34.0 
Use of goods and services        
Intermediate demand 72.3 71.5 73.0 71.3 71.6 69.6 73.3 
Final demand 129.2 129.5 130.3 129.1 131.5 128.0 134.0 
Total consumption 75.1 75.1 75.3 77.7 77.3 73.4 76.2 
Private consumption 64.7 64.6 64.6 65.8 65.5 62.1 64.6 
Government consumption 10.4 10.4 10.7 11.9 11.8 11.3 11.5 
Gross fixed capital formation 20.9 21.1 22.1 21.3 19.8 19.3 20.9 
                                               
1 Bank of Mexico (2012a). 
2 Bank of Mexico (2012a). 
3 Bank of Mexico (2012b). 
4 Bank of Mexico (2012b).  WT/TPR/S/279/Rev.1 • Mexico 
 
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   2006 2007 2008 2009 2010 2011 2012 
Sept.  
Changes in inventory 5.3 5.4 4.8 2.5 4.1 4.9 3.9 
Exports of goods and services 28.0 27.9 28.1 27.6 30.3 30.4 33.1 
Real annual growth (percentage of  GDP at constant 2003 prices) 
Total supply of goods and services        
Gross production 6.3 3.9 1.0 -6.9 6.4 4.2 4.6 
Imports of goods and services 12.8 7.0 2.9 -18.2 20.0 7.2 4.0 
Use of goods and services        
Intermediate demand 8.0 4.7 0.7 -8.1 7.8 4.7 5.2 
Final demand 6.9 4.2 1.6 -9.1 8.6 4.7 4.1 
Total consumption 5.2 3.9 1.7 -5.9 4.6 4.0 3.1 
Private consumption 5.7 4.0 1.8 -7.3 5.0 4.4 3.3 
Government consumption 1.9 3.1 1.1 3.2 2.3 2.1 2.0 
Gross fixed capital formation 10.0 7.0 5.5 -11.7 0.3 8.1 6.5 
Exports of goods and services 11.1 5.7 0.7 -13.3 22.0 7.7 4.6 
Source: National Institute of Statisti cs, Geography and Informatics (INEGI). 
1.10.  The growth of gross capital formation, wh ich outpaced GDP in 2006-2008 thanks mainly to 
higher levels of private investment in machin ery and construction, contracted by almost 12% 
in 2009, as expectations deteriorated in the wake of the 2008-2009 global financial crisis. Investment levels recovered ra pidly in the first half of 2011, again comfortably outpacing 
GDP growth. Nonetheless, despite rising strongly in the first half of 2011, total investment dropped 
significantly towards the end of the year, partly as a result of the slowdown in expenditure on 
machinery and equipment of national origin and the decline in purchases of imported machinery and equipment. Nonetheless, this did not preven t investment posting an overall annual average 
growth rate of 8.1% in 2011. In the first thr ee quarters of 2012, the growth of gross fixed 
investment recovered, largely reflecting stronger investment spending on imported machinery and equipment. 
1.11.  While overall trade in goods and services de clined sharply in 2009 as a result of the global 
crisis, it rebounded in 2010 with both imports an d exports increasing by more than 20%; and this 
pattern continued into 2011 with growth rates of 7.2% and 7.7%, respectively. 
1.12.  There were no major changes in the GDP sh ares and contributions of the various economic 
sectors during the review period. Agriculture represented 3.6% of current GDP in 2011, similar to 
the 2007 figure, while manufacturing industry continued to make a major contribution to the Mexican economy, accounting for 17.6% of GDP in 2011. Mining contributed 10% of GDP in 2011, 
while trade accounted for the largest share in the services sector.  
1.13.   Most of the output of the manufacturing sector (which includes in-bond assembly plants 
(maquiladoras)) is destined for export, with 80% of manufacturing exports sold on 
the United States market; a large proportion being intra-sectoral trade in intermediate and final 
goods. Although this proportion has decreased since the previous Review (see below) it shows that 
the Mexican economy remains highly sensitive to business cycles in the United States. In this regard, during the review period the manufacturing  sector suffered from the effects of the global 
crisis particularly through a reduction in demand from the United States; and Mexico has been one 
of the Latin American countries to be worst affe cted by the crisis in terms of shrinking GDP.
5 
Recent studies show that the generation of value-added in the services sector is also sensitive to 
the trend of the United States economy.6 
1.14.  The global financial crisis and consequent contraction of Mexican GDP in 2009 triggered a 
sharp drop in employment, which pushed the une mployment rate up from 4% in 2008 to 5.5% 
in 2009. Although job creation resumed in 2010, un employment still remains above the pre-crisis 
levels, standing at 5% in December 2012 according to seasonally adjusted data. In general, the unemployment rate, the rate of employment in the informal sector and the underemployment rate all remained substantially higher than before the start of the global crisis, even though the number 
of workers insured with the Mexican Social Security Institute (IMSS) increased sharply. The 
                                               
5 On this point, see Villarreal (2010). 
6 Empirical analyses show that in the period 1996- 2009, when industrial output in the United States 
increased by 1%, the value added in Mexican services rose by 0.7% in the same  quarter and 1.1% in the 
following quarter. See OECD (2011c). WT/TPR/S/279/Rev.1 • Mexico 
 
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  underemployment rate represented 10% of the econ omically active population in June 2012, while 
about 29.4% of the employed population was estima ted to be working in the informal sector at 
that time, in both cases according to seasonally adjusted figures.7   
1.15.  Per capita GDP (in US dollars) fell as a result of the international financial crisis and by 
September 2012 had not yet regained its 2008 levels. In short, Mexico has coped relatively 
successfully with the global financial crisis in terms of fully recovering lost output, although the unemployment rate and per capita GDP have not yet returned to pre-crisis levels. One of the 
challenges facing Mexico is to increase labour productivity and improve the general 
competitiveness of the economy. Policy changes wi th this aim were implemented during the period 
under review, including a sharp cut in tariffs levied on manufactured products, and the implementation of reforms to strengthen competition policy along with its system of penalties and 
fines (see Chapter 3). Despite this progress however, competition remains limited in some sectors, 
such as hydrocarbons and telephony. The glob al openness of the Mexican economy would be 
improved if these sectors were more open to competition. 
1.16.  The International Monetary Fund (IMF) has hailed the speed with which Mexico has 
recovered from the aftermath of the global crisis. According to the Fund, the foundations for this rapid output recovery have been the sound balances maintained by Mexico's public and private 
sectors, its strong prudential framework and the effective counter-cyclical policy response. It also 
singles out the flexible-exchange-rate regime as an important factor in cushioning the effects of the global crisis and underpinning the recovery.
8 
1.17.  As a result of the financial crisis, Mexico signed three successive arrangements with the IMF 
under the Flexible Credit Line, most recently in January 2011, giving it access to a total of 
nearly US$73 billion equivalent.9 The IMF considers that these arrangements, which Mexico treats 
as precautionary, have supported the authorities' macroeconomic strategy by providing a buffer 
against potential extreme risks. It notes that the key medium-term challenges facing Mexico are to 
strengthen its growth potential and address a number of long-term fiscal issues, such as the projected decline in oil reve nues as a proportion of GDP.
10 This would require both expenditure 
restraint and the mobilization of non-oil revenues, as well as the adoption of a structural-budget 
rule to make policies less pro-cyclical. The IMF also stresses the need for ambitious structural reforms to raise productivity and promote investment, such as improvements to competition regulations, a more flexible labour market, access to credit for small and medium-sized 
enterprises, and more efficient corporate governance among State enterprises in the energy 
sector.
11 
1.18.  In recent studies of the Mexican economy, the Organisation for Economic Co-operation and 
Development (OECD) makes similar recommendations, including the implementation of new far-
reaching fiscal reforms, together with a speedier  withdrawal of energy and fuel subsidies, to 
guarantee long-term fiscal sustainability; in this regard it is also considered crucial to reduce 
reliance on oil revenues, simplify the tax system and expand the tax base.12 The OECD also 
stresses the need to promote greater competition in the products market and to persevere with 
market liberalization, both through multilateral channels and through preferential and free trade agreements, as a way of making domestic indust ries more competitive. It further recommends 
reforms in infrastructure and in the education system, to be able to take better advantage of the 
opportunities offered by more open markets. In  the agriculture sector, it advises retargeting 
support towards infrastructure investment and innovation, while moving away from variable input 
                                               
7 INEGI data, quoted in Bank of Mexico (2012b). 
8 IMF (2011a). 
9 IMF Press Release No. 11/480, "IMF Executive Boar d Completes Review of Me xico's Performance Under 
the Flexible Credit Line ", 22 December 2011. Viewed at: 
http://www.imf.org/external/np/sec/pr/2011/pr11480.htm . The Executive Board of the International Monetary 
Fund (IMF) completed on 21 December 2011 its review of Mexico's qualification for the arrangement under the 
Flexible Credit Line (FCL) and reaffirmed Mexico's co ntinued qualification to access FCL resources. The two-
year arrangement for Mexico, approved on 10 January 2011, is for SDR 47.292 billion (about US$72.980 billion) (see Press Release No. 11/4). 
10 IMF (2011b). 
11 IMF Press Release No. 11/480, "IMF Executive Bo ard Completes Review of Mexico’s Performance 
Under the Flexible Credit Line", 22 December 2011. Viewed at: 
http://www.imf.org/external/np/sec/pr/2011/pr11480.htm . 
12 OECD (2011c). WT/TPR/S/279/Rev.1 • Mexico 
 
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  subsidies and price-related measures, to improve the sector's yield and competitiveness 
(see Chapter 4.2). In the case of investment and the supply of services, it suggests considering 
the reduction of obstacles to foreign participation in the telecommunications and transport sectors and, at the same time, reducing barriers to competition.
13 
1.2.2  Fiscal policy 
1.19.  The Ministry of Finance and Public Credit (SHCP) is responsible for formulating fiscal policy 
in Mexico, while the 2006 Federal Budget and Trea sury Accountability Law (LFPRH) is the most 
important fiscal legislation.14 The LFPRH requires the SHCP to submit the Revenue and Expenditure 
Budget Law for approval by Congress each year, and defines budgetary balance as the key objective of the non-financial public sector (NFPS). In exceptional circumstances, the SHCP may put forward a budget that is in deficit (or surplus); but in such cases it must provide the respective 
justifications to Congress, and specify the actions and number of fiscal years needed to restore 
fiscal balance. Investment expenditure by the State-owned oil company PEMEX and its subsidiaries is not taken into account for budgetary-balance purposes. 
1.20.  The LFPRH requires the estimated amount of oil revenues to be included in each Revenue 
and Expenditure Budget Law. Any surplus revenues, e.g. resulting from higher-than-projected oil prices, should be used to finance non-programmable expenditure and shared among the different 
stabilization funds and infrastructure projects. Should oil revenues turn out to be below 
expectations owing to a drop in oil prices during the fiscal year, the appropriate stabilization funds may be drawn down; but when these run out, ex penditure cuts become necessary. Adjustment 
mechanisms are also contained in the LFPRH. 
1.21.  The finances of the Mexican Federal Government deteriorated slightly in the 
period 2006-2011, ending the last two years of the period with deficits of 2.7% and 2.5% of GDP 
(Table 1.3). Although both expenditure and inco me grew more or less at the same pace up 
to 2008, the deficit has since widened, mainly owing to the fiscal stimulus package implemented 
in 2009 in response to the global economic slowdown.
15 
Table 1.3 Balance of the federal non-fi nancial public sector (NFPS), 2006-2012 
(Percentage of GDP) 
 2006  2007  2008  2009  2010 2011 2012 
Sept.  
A. Budgetary income 15.0  15.1 16.8 16.8 16.1 16.2 12.0  
Tax revenue 8.6 8.9 8.2 9.5 9.6 9.0 6.5 
Total income tax 4.3 4.7 5.1 5.0 5.2 5.3 4.0 
Income tax 4.3 4.7 4.6 4.5 4.8 5.0 3.8 
Flat-rate business tax (IETU) .. 0.0 0.4 0.4 0.3 0.3 0.2 
Tax on cash deposits (IDE)  .. 0.0 0.1 0.1 0.1 -0.1 0.0 
Value added tax 3.7 3.6 3.8 3.4 3.9 3.7 2.8 
Production and services tax -0.1 -0.1 -1.4 0.4 0.0 -0.5 -0.6 
Import tax 0.3 0.3 0.3 0.3 0.2 0.2 0.1 
Oil revenues tax 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
Other tax revenues of the Federal 
Government 0.3 0.3 0.3 0.4 0.3 0.3 0.2 
Non-tax income of the Federal Government 6.4 6.3 8.7 7.3 6.3 7.1 5.5 
Improvements levy 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
Duties 5.8 5.1 7.7 4.3 5.2 6.1 4.8 
Hydrocarbons duties 5.6 4.9 7.4 4.1 4.9 5.9 4.6 
Other non-oil duties 0.2 0.2 0.2 0.2 0.2 0.2 0.2 
Fees ( productos ) 0.1 0.1 0.1 0.1 0.0 0.0 0.0 
Other revenue ( aprovechamientos ) 0.6 1.1 0.9 2.9 1.1 0.9 0.7 
B. Budgetary expenditure 16.8  17.0 18.4 18.9 18.7 18.7 13.5  
Programmable expenditure of the Federal 
Government 11.6 12.3 13.2 13.7 13.5 13.5 10.0 
Current expenditure of the Federal 
Government 8.9 9.4 9.7 11.1 10.8 10.8 8.0 
Personal services of the Federal 
Government 4.2 4.1 4.2 4.6 4.4 4.3 3.0 
                                               
13 OECD (2012b). 
14 The latest amendment was published in the Official Journal ( Diario Oficial de la Federación ) 
of 9 April 2012. 
15 IMF (2011a). WT/TPR/S/279/Rev.1 • Mexico 
 
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   2006  2007  2008  2009  2010 2011 2012 
Sept.  
Direct personal services of the Federal 
Government 1.2 1.4 1.5 1.7 1.7 1.6 1.1 
Indirect personal services of the 
Federal Government 3.1 2.7 2.7 2.9 2.8 2.7 1.9 
Federalized personal services of the 
Federal Government 2.3 2.3 2.3 2.5 2.4 2.3 1.6 
Non-federalized indirect personal 
services of the Federal Government  0.7 0.4 0.4 0.4 0.4 0.4 0.3 
Other current expenses of the Federal 
Government 0.6 1.0 0.8 1.2 1.1 1.2 0.9 
Materials and supplies of the Federal 
Government 0.1 0.1 0.1 0.2 0.1 0.1 0.1 
General and other services of the 
Federal Government 0.6 0.9 0.7 1.0 1.0 1.0 0.8 
Current subsidies and transfers of the 
Federal Government 4.0 4.2 4.7 5.3 5.2 5.4 4.2 
Capital expenditure of the Federal 
Government 2.7 2.9 3.5 2.6 2.7 2.7 2.0 
Physical investment of the Federal 
Government 2.4 2.2 2.2 2.2 2.4 2.3 1.6 
Direct physical investment of the Federal 
Government 0.4 0.7 0.5 0.6 0.8 1.0 0.5 
Transfers for physical investment of the 
Federal Government 2.0 1.4 1.7 1.6 1.6 1.4 1.2 
Financial and other investment of the 
Federal Government 0.3 0.8 1.3 0.5 0.3 0.4 0.3 
Direct financial and other investment of 
the Federal Government 0.2 0.4 0.9 0.3 0.2 0.2 0.2 
Transfers for financial and other 
investment of the Federal Government 0.1 0.3 0.4 0.2 0.1 0.2 0.1 
Non-programmable expenditure of the 
Federal Government 5.2 4.7 5.2 5.2 5.2 5.1 3.5 
Financial cost of the Federal Government 1.9 1.7 1.6 1.9 1.7 1.7 1.0 
Internal financial cost of the Federal 
Government  1.4 1.3 1.4 1.6 1.4 1.4 0.8 
Interest, commissions and expenditure 
of the Federal Government  1.0 1.1 1.1 1.4 1.3 1.3 0.7 
Support for savers and debtors of the 
banking system 0.4 0.2 0.2 0.3 0.1 0.1 0.1 
Institute for the Protection of Bank 
Savings (IPAB) 0.3 0.2 0.2 0.2 0.1 0.1 0.1 
Other support provided to savers and 
debtors of the banking system  0.0 0.0 0.0 0.0 0.0 0.0 0.0 
External financial cost of the Federal 
Government 0.5 0.3 0.3 0.3 0.3 0.3 0.2 
Participations 3.2 2.9 3.5 3.1 3.3 3.3 2.4 
Arrears from prior budget years, other 0.2 0.1 0.1 0.1 0.2 0.1 0.1 
C. Financial balance of the Federal 
Government -1.7 -1.9 -1.6 -2.2 -2.7 -2.5 -1.6 
Memorandum item :        
Total non-oil income 9.4 10.3 9.4 12.7 11.0 10.2 .. 
Total oil income 5.6 4.9 7.4 4.1 4.9 5.9 .. 
Total financing requirements of the public 
sector/GDP -1.5 -1.7 -2.3 -5.3 -4.2 -3.4 .. 
Net total public sector debt/GDP  30.2   29.3   33.4   36.8   36.8   38.0  .. 
Net external public debt (Mex$ billion) 903.3 872.2 1,065.7 1,185.0 1,241.3 1,542.1 .. 
.. Not available. 
Source: Ministry of Finance and Public Credit (SHC P), National Institute of Statistics, Geography and 
Informatics (INEGI), Economic databank (BIE). 
1.22.  The current expenditure of the Federal Gove rnment grew by almost 2 percentage points of 
GDP during the period 2006-2011, mainly owing to an increase in subsidies and current transfers, 
while non-programmable expenses declined by 0.1% of GDP. Total revenue from income tax (ISR) was equivalent to 5.3% of GDP in 2011 and recorded the largest increase among Federal 
Government income categories. 
1.23.  The Mexican economy remains heavily dependent on oil revenues, although the ratio 
between oil and non-oil budgetary income varied somewhat over the period, mainly because of WT/TPR/S/279/Rev.1 • Mexico 
 
- 19 - 
  fluctuations in the international oil price. At the end of 2011, revenue from hydrocarbons duties 
contributed a slightly smaller share of total income than in 2006, albeit still over 30% - having slumped to an historical low of 24.4% in 2009. 
1.24.  The Bank of Mexico reports that the increase in budgetary income in 2011 reflected GDP 
growth and the higher oil price, given that the average price of the Mexican blend was almost 40% 
above its 2010 level. Moderate growth in VAT revenue was due to an unusual increase in reimbursements paid, according to the SHCP.
16  
1.25.  The authorities have announced their intention to consolidate the fiscal situation following 
the imbalance caused by the 2009 stimulus package, through a combination of tax hikes and cost containment. In this regard, in 2010 and 2011 real primary expenditure was in fact reduced, the public debt was stabilized, and tax revenues were increased. They also expect to lift the limit on 
the accumulation of funds in the Oil Revenue Stabilization Fund, while gradually bringing domestic 
fuel prices into line with international prices, to eliminate non-selective subsidies.
17 On this point, 
the authorities noted that price and tariff policy co nsisted of setting the respective prices and rates 
on the basis of economic-efficiency and financial-soundness criteria, and that the prices of 
internationally tradable goods, such as gasoline and diesel fuel, were thus determined in the light of those prevailing on the international market . Nonetheless, to avoid an abrupt impact on 
inflation, these prices are adjusted periodically and gradually. The prices of automobile fuels have 
been raised each month to narrow the spread with respect to prices in the United States, and to reduce the amount of negative tax on these fuels. 
1.26.  According to the IMF, the fiscal situat ion continues to pose long-term challenges, 
considering the potential reduction in oil revenues and expenditure growth related to 
population ageing. As Mexico continues to have the lowest proportion of non-oil incomes in the OECD (10% of GDP), it needs to mobilize tax resources to compensate for the future decline in oil 
revenues, which could be as much as four percentage points by 2030. In this regard, the main IMF 
recommendations are to simplify the income tax (ISR), broaden its tax base and make it more 
progressive; as well as to improve the productivi ty of VAT by reducing exemptions, unifying the 
rate nationally and restricting the number of untaxed exports. Lastly, it has recommended 
increasing subnational tax revenue.
18 
1.27.  The public sector's total financing requ irements increased sharply between 2006 and 2009, 
before falling back in 2010 and 2011 (Table 1.3), following the pattern noted above in response to 
the crisis and subsequent stabilization. This broad indicator mainly includes the NFPS budget 
balance, which includes liabilities generated by PIDIREGAS-funded in vestment projects, the 
liabilities of the Institute for the Protection of  Bank Savings (IPAB), and those of development 
banks. 
1.28.  The total net debt of the public se ctor represented 38% of GDP in 2011, up by 
nearly 8 percentage points since 2006. The IMF expects this moderate debt level to remain stable 
in the medium term, provided Mexico maintains its fiscal balance scheme. Moreover, as a growing 
proportion of the country's external debt is denomi nated in local currency, its exposure to external 
shocks is relatively moderate.19 
1.29.  In the first half of 2012, Mexico signed b ilateral agreements to avoid double taxation and 
prevent income-tax evasion with Ukraine, Latvia, Lithuania, Qatar and Hong Kong, China.20 
1.2.3  Monetary and exchange-rate policy 1.30.  The Bank of Mexico is responsible for fo rmulating, implementing and supervising monetary 
and exchange-rate policies. The Constitution gives the Bank autonomy in fulfilling its functions and 
defines its prime objective as to maintain the purchasing power of the local currency. Article 51 of its charter requires the central bank to send to the Federal Government and Congress each 
                                               
16 Bank of Mexico (2012a). 
17 IMF (2011a). 
18 IMF (2011a). 
19 IMF (2011a). 
20 Online information from the Ta x Administration. Viewed at: 
http://www.sat.gob.mx/sitio_internet/informacion_fiscal/legislacion/52_3558.html . WT/TPR/S/279/Rev.1 • Mexico 
 
- 20 - 
  January a presentation of the monetary policy to be pursued during the year ahead. The Board of 
Governors of the Bank of Mexico used its 2012 monetary programme to reaffirm its commitment to maintaining a monetary policy the key priority of which would be to preserve the purchasing power of the national currency.
21 
1.31.  Since 2001, the Bank of Mexico has been operating an inflation-targeting regime as a 
framework for implementing monetary policy. Th e permanent objective defined by the Bank of 
Mexico is to achieve an annual inflation rate of 3%, as measured by the national consumer price 
index (INPC), and to keep it within a range of plus or minus one percentage point from 
that level.22 
1.32.  To meet the inflation target, the Bank of Mexico mainly uses interest rate management and 
open market operations. The policy variable for which a target is set is the overnight interbank 
interest rate. The Board of Governors of the Bank  of Mexico held the target for the overnight 
interbank interest rate at 4.5% throughout 2011 and during the first half of 2012.23 This has 
resulted in a low base rate, which has even been slightly negative in real terms. The IMF has 
supported this monetary policy stance, considering that inflationary pressures are under control 
and expectations firmly anchored.24 
1.33.  The monetary base grew by an average of  7.3% per year in the period 2007-2011, and then 
expanded at an annualized rate of 10.2% between January and August 2012 (Table 1.4). Interest 
rates trended upwards between 2006 and 2008, before  being cut as part of the monetary policy 
implemented to withstand the global financial crisis (Table 1.4). Since then, borrowing rates have been kept at low levels. Nonetheless, long-term rates rose and remained high until 2010 in the 
wake of the uncertainty created by the crisis, which heightened risk perceptions. Since 2012 this 
trend has reversed, and the spread between short and long-term rates has narrowed. 
Table 1.4 Main monetary indicators, 2006-2012 
 2006 2007  2008  2009  2010 2011 2012  
Average 
Jan-Oct  
Monetary aggregates 
Monetary base (Mex$ billion. 
end of period)a 450 495 578 632 693 763 740.2 
Monetary base (% real annual 
variation) 12.4 8.3 7.1 10.1 5.3 5.9 9.8 
M1 (% real annual variation) 11.5 5.5 2.8 7.2 5.4 10.9 10.0 
M4 (% real annual variation) 11.2 6.9 7.0 7.6 5.7 10.0 12.3 
Interest rates  (period 
average %)          
28-day Cetes rateb 7.2 7.2 7.7 5.4 4.4 4.2 4.2 
28-day TIIE rateb 7.5 7.7 8.3 5.9 4.9 4.8 4.8 
20-year Treasury bond rate 
(fixed rate)  8.5 7.8 8.5 8.4 7.6 7.7 6.7 
Inflation (12-month % variation, end of period) 
Inflation target 3.0+/-
1.0 3.0+/-
1.0 3.0+/-1.0 3.0+/-1.0 3.0+ /-1.0 3.0+/-1.0 3.0+/-1.0 
National consumer price index 
(INPC, end of period)b 4.05 3.76 6.53 3.57 4.40 3.82 3.60 
National consumer price index 
(INPC, annual average) 3.63 3.97 5.12 5.30 4.16 3.41 4.11 
National producer price index 
(INPP, end of period)c 5.39 3.57 7.75 3.29 3.70 5.74 3.33 
Exchange rate 
End of period exchange rate 
(Mex$/US$)d 10.88 10.87 13.54 13.06 12.36 13.98 13.09 
Average exchange rate 
(Mex$/US$)e 10.90 10.93 11.13 13.51 12.64 12.42 13.21 
                                               
21 Bank of Mexico (2012c). 
22 Bank of Mexico (2012c and 2012d). 
23 Bank of Mexico (2012a and 2012b). 
24 IMF (2011a). WT/TPR/S/279/Rev.1 • Mexico 
 
- 21 - 
   2006 2007  2008  2009  2010 2011 2012  
Average 
Jan-Oct  
Real effective exchange rate 
(Mex$/US$) (1990=100)f 72.7 74.8 78.1 88.6 81.6 82.9 84.6 
Real effective exchange rate, 
annual variation % -1.2 2.9 4.5 13.4 -7.9 1.5 4.7 
a Monetary base consisting of ba nknotes and coins in circulation and commercial bank current account 
deposits at the Bank of Mexico. 
b Figures obtained for 2012. c Excludes oil. d At 31 October 2012. e To meet foreign-curre ncy obligations, settlement date, average rates (January-October). 
f Estimated on the basis of consumer prices with respect to a basket of 111 countries, weighted by 
each country's GDP. 
Source: Bank of Mexico, Informe Anual 2011 ; and INEGI, Economic databank  (BIE). 
1.34.  For most of the period under review, inflation was held within or slightly above the range 
set by the Bank of Mexico (namely 3% plus or minus one percentage point). The exception 
was 2008, when inflation overshot the target by  a wide margin and the IPNC rose by 6.5% 
(Table 1.4). In the second quarter of 2012, the average general inflation rate over 12 months 
was 3.87%, virtually the same as in the previous quarter (3.88%), and within the fluctuation band of plus or minus one percentage point from the target point of 3%.
25 Nonetheless, general annual 
inflation picked up as from June and reached the upper bound of the fluctuation band, to post a 
year-on year rate of 4.77% in September 2012.26 This was mainly the result of higher food prices, 
which the authorities consider to be temporary. In this regard, the Bank of Mexico points out that 
the underlying average annual inflation rate has been considerably lower than the general rate, 
although it has also been rising in 2012: in the second quarter it came in at 3.46%.27 
1.35.  The authorities consider that the recent rise in inflation mainly reflects higher international 
commodity prices in the first part of the year. Moreover, the Bank of Mexico considers that the 
pass-through from currency depreciation to prices has been small, since aggregate demand growth has not been strong enough to generate a high rate of pass-through from the exchange-rate adjustment to prices, and inflationary expectations have remained anchored.
28 
1.2.4  Balance of payments  
1.36.  Between 2007 and 2011, the balance-of-payme nts current account was in deficit, and the 
financial account was in surplus (Chart 1.1), as had been case in 2002-2006.  
                                               
25 Bank of Mexico (2012b). 
26 Online statistics from the Ba nk of Mexico. Viewed at: http://www.banxico.org.mx/portal-
inflacion/index.html . 
27 Bank of Mexico (2012b). 
28 Idem. WT/TPR/S/279/Rev.1 • Mexico 
 
- 22 - 
  Chart 1.1 Current account and financial acco unt of the balance of payments, 2006-2011 
-20,000-10,000010,00020,00030,00040,00050,000
2006 2007 2008 2009 2010 2011US$ million
Current accountFinancial account
 
Source: Bank of Mexico. 
1.37.  The current account deficit fluctuated widely during the review period. Between 2006 
and 2008, it almost tripled, to reach US$17,952 million in 2008, mainly due to an increase in the 
merchandise trade balance caused by stronger import growth (Table 1.5 and Chart 1.2). In the two following years, 2009 and 2010, the deficit narrowed to US$1,669 million, as a specific result of lower deficits on the merchandise trade balance and the income account. In 2011, it widened 
again to US$9,153 million, mainly reflecting larger deficits on the services and income accounts. 
In 2011, the current account deficit represented 0.8% of GDP, compared to 1.2% and 1.6%, respectively, in 2007 and 2008.
29 
1.38.  Apart from movements on the income account  and trade balance, the decreasing surplus on 
the transfers account has generally worsened the current account deficit, particularly since the financial crisis. The transfers surplus shrank by 13.0% between 2007 and 2011, mainly reflecting 
smaller remittances; and the decline intensified from 2009 onwards, probably owing to the rise in 
unemployment in the host countries, in the wake of the global crisis. 
Table 1.5 Balance of payments, 2006-2012 (3rd Quarter) 
(US$ million) 
 2006 2007  2008  2009  2010 2011 2012 
Septa 
I. Current account -6,075 -12,429  -17,952  -5,204  -1,669 -9,153  -2,584  
1. Balance of goods and 
services  -12,754 -16,674  -24,759  -13,414  -13,035 -15,400 -7,153  
Balance of goods -6,312 -10,311  -17,615  -4,926  -2,884 -1,171 2,426  
Exports 250,319 272,293  291,886  229,975  298,860 349,946 275,892  
Imports 256,631 282,604  309,501  234,901  301,744 351,116 273,467  
Balance of services -6,442 -6,363  -7,145  -8,489  -10,150 -14,230 -9,579  
Inflows 15,827 17,149  17,575  14,730  15,167 15,298 11,895   
Outflows  22,269 23,512  24,720  23,219  25,318 29,527 21,474  
2. Income account balance  -19,270 -22,160  -18,662  -13,383  -10,171 -16,726 -12,831  
Income 5,661 7,577  8,417  6,934  10,800 10,645 9,775  
Interest 4,514 6,130  6,015  4,236  3,376 3,551 2,396  
Other 1,147 1,446  2,402  2,699  7,424 7,094 7,379  
Outflows  24,931 29,736  27,078  20,317  20,972 27,371 22,607  
Profits remitted 2,425 5,294  2,861  3,699  4,263 2,891 4,160  
Profits reinvested 7,776 8,149  8,084  4,313  2,751 6,960 4,713  
Public-sector interest 8,144 8,476  8,410  6,700  7,507 9,557 7,527  
Private-sector interest  6,586 7,818  7,723  5,606  6,450 7,964 6,206  
                                               
29 The calculations used figures from Tables 1.1 and 1.5. WT/TPR/S/279/Rev.1 • Mexico 
 
- 23 - 
   2006 2007  2008  2009  2010 2011 2012 
Septa 
3 Transfers 25,949 26,405  25,469  21,593  21,537 22,974 17,401  
Inflows 26,037 26,513  25,597  21,653  21,623 23,152 17,511  
Family remittances  25,567 26,059  25,145  21,306  21,304 22,803 17,267  
Other 470 454  452 347 319 349 244  
Outflows 88 108 128 60 86 178 110 
II. Financial accountb 9,423 24,437  25,336  26,055  40,175 44,003 30,128  
1. Foreign direct investment  14,471 23,584  26,318  7,818  5,911 8,685 -3,329  
In Mexico  20,230 31,840  27,475  16,282  20,956 20,823 13,045  
Abroad  -5,758 -8,256  -1,157  -8,464  -15,045 -12,139 -16,374  
2. Portfolio investment  -1,914 63  10,396  -5,294  29,728 41,744 56,978  
Liabilities  137 13,349  4,826  15,275  37,604 40,944 57,486  
Public sector  -8,011 2,057  1,257  9,314  28,096 36,975 43,573  
Private secto r 3,186  2,990  -6,240  5,960  9,507 3,969 13,912  
Pidiregasc 4,963 8,301  9,810  0 0 0 0  
Assets  -2,051 -13,285  5,570  -20,568  -7,876 800 -507 
3. Other investment -3,134 790  -11,378  23,531  4,536 -6,426 -23,522  
Liabilities  976 11,092  3,986  8,564  32,894 -1,240 -13,219  
Public sector  -11,504 -1,195  768 11,826  5,478 302 -3,641  
Development banks -7,947 -1,040  -496 1,194  648 -283 -680 
Bank of Mexico 0 0  0 7,229  -3,221 0 0  
Non-bank secto r -3,557 -155 1,265  3,402  8,051 585 -2,960  
Private secto r 10,417 7,363  174 -3,262  27,417 -1,542 -9,578  
Commercial banks 3,385 3,229  -3,273  2,068  30,152 -1,695 -7,644  
Non-bank sector  7,031 4,134  3,447  -5,330  -2,736 153 -1,934  
PIDIREGAS 2,063 4,924  3,044  0 0 0 0 
Assets  -4,110 -10,302  -15,364  14,967  -28,358 -5,186 -10,303  
III. Errors and omissions  -1,142 -1,152  695 -16,322  -17,891 -6,670 -12,008  
IV. Variation in gross 
international reserves 2,220 10,881  8,091  4,591  20,695 28,621 16,381  
V. Adjustments for 
revaluation -14 -25 -12 -63 -79 -441 -845  
a Preliminary data. 
b Corresponds to the previous concept of the capital account. c Refers to public sector infrast ructure projects undertaken in the "Long-term production infrastructure 
projects" (PIDIREGAS) scheme, previously known as "Projects of deferred impact in the expenditure 
record". Under this scheme, the projects ar e put out to tender with private firms. 
Chart 1.2 Components of the current account, 2006-2011 
-50,000-40,000-30,000-20,000-10,000010,00020,00030,00040,00050,000
2006 2007 2008 2009 2010 2011US$ million
Balance of incomeBalance of servicesBalance of goodsTransfers
 
Source: Bank of Mexico. 
1.39.  The surplus on the financial account of the balance of payments grew by 80.1% 
between 2007 and 2011 to reach a level of US$44,003 million (Chart 1.3). Up to 2008, this 
increase particularly reflected sustained growth in  foreign direct investment (FDI). In the ensuing 
years, FDI retreated abruptly, but this was o ffset in 2009 by an increase in the "Other 
investments" category, and in 2010 and 2011 by an increase in portfolio investment, particularly 
investment in the public sector. In 2011, the latter reached a level of US$36,975 million. WT/TPR/S/279/Rev.1 • Mexico 
 
- 24 - 
  Chart 1.3 Components of the financial account, 2006-2011 
-20,000-10,000010,00020,00030,00040,00050,00060,000
2006 2007 2008 2009 2010 2011US$ million
Other investmentPortfolio investmentForeign direct investment
 
Source: Bank of Mexico. 
1.3  Developments in trade and investment flows  
1.3.1  Merchandise trade  1.40.  In 2011, Mexico's total goods trade (imports plus exports) represented 60.6% of GDP, 
almost the same proportion as in 2006 (60.3%).
30  
1.41.  The growth of Mexico’s trade slackened during the review period. Between 2007 and 2011, 
exports grew by only 28.6% (Chart 1.4 and Table A1.1), having expanded by 55.8% 
in 2002-2006.31 Import growth also slowed to 24.4% between 2007 and 2011, compared 
to 51.8% in the earlier period (Table A1.2).  
1.42.  Trade was also marked by sharp fluctuations. Exports and imports grew at a modest pace in 
the early years of the period,32 but faltered in 2009 in the wake of the global crisis (Chart 1.4). In 
that year, exports fell by 21.1% from the prev ious year’s level to US$229,712 million, while 
imports were down by 24% from their 2008 figure at US$234,385 million. In the following years, trade recovered, and in 2011 exports and imports both rose to about US$350 billion.
33  
                                               
30 WTO (2008). 
31 WTO (2008). 
32 Between 2007 and 2008, exports expanded by 7.2% and imports by 9.5%. 
33 The authorities stated that the trade data report ed in the balance of payments do not necessarily 
coincide with the figures presented in this section, because the goods category of the balance of payments 
includes goods acquired in ports by freight companies, whereas the trade statistics do not include such items. WT/TPR/S/279/Rev.1 • Mexico 
 
- 25 - 
  Chart 1.4 Exports and imports of goods, 2006-2011 
050,000100,000150,000200,000250,000300,000350,000400,000
2006 2007 2008 2009 2010 2011Exports ImportsUS$ million
 
Source: WTO Secretariat estimates, based on data drawn from the COMTRADE database. 
1.43.  Preliminary figures for the first nine months of 2012 show exports 
totalling US$275,380 million and imports of US$273,263 million (Tables A1.3 and A1.4). 
1.3.1.1  Composition of trade in goods 1.44.  The structure of Mexico's export basket  changed slightly between 2007 and 2011, with the 
proportion of mining products growing while manufactured goods lost share (Chart 1.5). During 
this period, manufactures accounted for 72.9% of total exports on average, while agricultural 
products represented 6.3%, and products from the extractive industries accounted for 18.1%. This 
latter percentage is higher than that recorded in 2002-2006 (14.2% on average), mainly because 
of an increase in the value of fuel exports, prob ably stemming from the rise in oil prices during 
those years.  WT/TPR/S/279/Rev.1 • Mexico 
 
- 26 - 
  Chart 1.5 Merchandise exports and im ports by type of product, 2006-2011 
0%10%20%30%40%50%60%70%80%90%100%
2006 2007 2008 2009 2010 2011Exports Imports
0%10%20%30%40%50%60%70%80%90%100%
2006 2007 2008 2009 2010 2011Manufactures
Products of the extractive industries OtherAgricultural products
 
 
Source: WTO Secretariat estimates, based on data drawn from the COMTRADE database. 
1.45.  The leading manufactured exports are machinery and transport equipment 
(averaging 53.2% of total exports), particularly office machinery and telecommunications equipment (19.1%) and products for the automotive industry (17.2%) (Table A1.1). 
1.46.   The structure of imports is similar: on  average 78.1% of imports are manufactured goods, 
while products of the extractive industries account for 11.0%, and agricultural products 8.2%. The main import products are machinery and transport equipment (averaging 45.3% of total imports) 
and chemicals (11.2%) (Table A1.2). 
1.3.1.2  Direction of merchandise trade 1.47.  Despite progress in terms of diversification, Mexico's trade remains geographically 
concentrated in a single market, the United States  (Table A1.5). On average, 80.4% of its exports 
were sent to that market during the review pe riod, compared to an average of 87.5% of total 
exports in 2001-2006.
34 The remainder of Mexico's exports goes mainly to Canada (averaging 3% 
of total exports), Germany (1.4%), Spain (1.3%), Colombia (1.2%), Brazil (1.1%) 
and China (1.1%). The destination markets that grew most during this period were Canada, Brazil 
and China. 
1.48.  On the import side, the structure is much  less concentrated, although an average of 49.0% 
of imports still comes from the United States (Table A1.6). The share of imports sourced from Asia 
averages 29.8%. China (with an average of 13.1% of total imports), Japan (5.1%) and 
the Republic of Korea (4.3%) are Mexico's leading source markets in the region. China's importance as a source market grew during the period under review. 
1.3.2  Trade in services 
1.49.  The deficit in the services balance widened during the period under review 
from US$6,442 million to US$14,230 million (Table 1.6). 
                                               
34 The data used to calculate the average for the period 2001-2006 come from WTO (2008).  WT/TPR/S/279/Rev.1 • Mexico 
 
- 27 - 
  Table 1.6 Trade in services, 2006-2012 (September) 
(US$ million) 
 2006 2007  2008  2009  2010 2011 2012 
Septa 
Exports 15,827 17,149  17,575  14,730  15,167 15,298 11,895  
Transport 1,518 1,512 1,767 1,338 1,061 849 608 
Travel-related services 12,177 12,919 13,370 11,513 11,992 11,869 9,365 
Communication services 466 400 336 203 202 237 198 
Insurance services 1,263 1,999 2,010 1,594 1,831 2,262 1,664 
Financial services 0 0 0 0 0 0 0 
Royalties and other licence 
fees 0 0 0 0 0 0 0 
Personal, cultural and 
recreational services 383 308 87 80 80 80 60 
Other services 20 11 6 3 2 1 0 
Imports 22,269 23,512  24,720  23,219  25,318 29,527 21,474  
Transport 8,940 9,936 11,865 9,303 10,774 12,120 8,623 
Travel-related services 8,108 8,462 8,568 7,207 7,255 7,832 5,946 
Communication services 107 99 94 72 80 112 140 
Insurance services 1,977 2,764 2,732 3,199 2,626 4,086 3,323 
Financial services 374 270 116 419 548 452 204 
Royalties and other licence 
fees 503 0 0 0 0 0 0 
Personal, cultural and 
recreational services 326 259 227 272 272 272 204 
Other services 1,935 1,723 1,118 2,745 3,764 4,652 3,034 
Balance of trade in 
services -6,442 -6,363  -7,145  -8,489  -10,150 -14,230 -9,579  
a Preliminary figures. 
Source: Bank of Mexico. 
1.50.  The main service exports were travel-related, which on average accounted for 77.2% of 
total service exports, followed by insura nce (12.2%) and transport (8.1%) services. 
1.51.  On the import side, the leading service categories were transport (averaging 42.8% of 
service imports), followed by travel-relat ed (31.4%) and insurance (12.2%) services. 
1.3.3  Foreign direct investment  1.52.  Having surpassed the 2006 figure in 2007, fo reign direct investment (FDI) volumes fell back 
in the two following years. In 2009, FDI flows totalled US$16,316 million, barely more than half of 
the amount recorded in 2007 (US$31,785 million). From 2009 onwards, however, FDI started to recover, and it had grown to US$20,357 million in 2011. The sharp drop in FDI during this period primarily reflected the retreat of investment in manufacturing industries, and a reduction in 
investment from the United States (Tables 1.7 and 1.8). WT/TPR/S/279/Rev.1 • Mexico 
 
- 28 - 
  Table 1.7 Foreign direct investment by activity, 2006-2012  
(US$ million) 
Sectors 2006  2007  2008  2009  2010 2011 2012 
June 
Manufacturing industries 10,102 13,661 7,938 5,649 11,647 9,594 3,714 
Financial and insurance services 3,932 6,522 6,236 2,534 1,878 2,507 2,176 
Construction 444 2,438 1,041 915 163 1,489 1,122 
Trade 692 1,558 1,900 1,544 2,797 2,052 946 
Real estate, rental and leasing of  
movable and intangible property 1,120 1,648 1,811 1,109 1,361 908 483 
Hotel and restaurant services 909 1,248 -161 111 345 657 322 
Professional, scientific and 
technical services 693 411 497 274 253 664 274 
Transportation, postal and 
warehousing services -180 296 382 101 157 283 219 
Information in mass media 677 303 1,489 173 190 1,126 176 
Business support and waste 
management and remediation 
services 1,365 916 583 2,874 639 55 59 
Other services except public 
administration -2 44 59 73 82 258 62 
Electricity, water and gas supplied 
by pipeline to th e final consumer -85 578 483 59 5 -219 47 
Agriculture, forestry, fishing and 
hunting 21 144 52 36 65 22 18 
Mining 433 1,689 4,750 840 1,240 880 2 
Health and social assistance 
services  5 25 26 17 5 3 2 
Educational services 1 39 169 2 7 4 1 
Leisure, cultural and sporting and 
other recreational services 55 267 -15 5 31 74 -3 
Total 20,181  31,785  27,239  16,316  20,868 20,357 9,622  
Note: The sectors correspond to the North Americ an Industry Classifica tion System (NAICS). 
Source: Ministry of the Economy. 
Table 1.8 Foreign direct investment by country of origin, 2006-2012  
(US$ million) 
Country  2006 2007  2008  2009  2010  2011 2012  
June 
United States 12,939 13,174 11,260 7,327 5,761 10,490 3,552 
Spain 1,436 5,402 4,941 2,684 1,446 3,152 2,967 
Luxembourg 176 540 336 188 364 144 650 
Germany 741 643 646 57 311 328 585 
Japan -1,422 395 346 218 225 773 434 
France 156 232 205 267 133 204 354 
United Kingdom 972 607 1,393 365 623 59 344 
Netherlands 2,807 6,633 1,856 2,236 8,927 1,451 167 
Canada 633 482 3,072 1,633 1,526 729 164 
Denmark 253 88 76 -7 -13 116 92 
Other 1,488 3,588 3,107 1,349 1,565 2,912 314 
Total 20,181 31,785  27,239  16,316  20,868  20,357 9,622  
Source: Ministry of the Economy. 
1.53.  The main FDI-receiving sectors in the period 2007-2011 were manufacturing industries, 
which on average absorbed 41.9% of FDI, follow ed by financial and insurance services (16.1%) 
and trade (9.0%). 
1.54.  In terms of the origin of flows, the United States continues to account for the largest 
amount of FDI in Mexico. Between 2007 and 2011 it  provided an average of 45.1% of Mexico's 
total inward FDI, followed by Spain (13.5%) and the Netherlands (17.5%). Thus these three countries between them provided three quarters of all FDI entering Mexico during that period. The 
smaller volume of FDI in 2009 mainly reflects the overall reduction in inflows from its partners, 
and from the United States in particular. In 2010, a substantial increase in investment from the Netherlands gave renewed impetus to FDI in Mexico. WT/TPR/S/279/Rev.1 • Mexico 
 
- 29 - 
  2  TRADE AND INVESTMENT REGIME 
2.1  General legal framework 2.1.  Mexico is a Federal Republic comprising 31 States and a Federal District. Its political system 
is based on three powers: the Executive, th e Legislature and the Judiciary (Box 2.1).
1 
Box 2.1 System of government  
Executive Power is vested in the President of the United Mexican States, who serves as both Head of State 
and Head of Government, and is elec ted by universal suffrage every six ye ars for a single non-renewable term.  
Legislative Power is represented by the Congress of the Union,  comprising a Chambe r of Deputies and a 
Senate. The Chamber of Deputies is made up of 500 me mbers elected every three years, whereas the Senate 
consists of 128 members elected every six years.  
Judicial Power  lies with the Supreme Court of Justice of th e Nation, the Electoral Tribunal, collegiate and 
unitary circuit courts, and district courts (Article 94 of the Political Constitution of the United Mexican States). 
The Supreme Court of Justice of th e Nation consists of 11 judges ( ministros ) who are elected for 
a 15-year term by the Senate, from a shortlist submitted by the President of the Republic.  
Elections: The most recent presidential and congressional elections took place in July 2012.  
Drafting of laws and decrees: The legislative drafting procedure for a law or decree comprises the following 
steps: proposal, debate, approval, prom ulgation and publication. A proposal consists in the tabling of a draft 
law or decree by the President of the Republic, the Depu ties or Senators of the Congress of the Union, the 
Legislatures of the States, or citizens representing at least 0.13% of the nominal electoral roll in accordance 
with the terms laid down in law (Article 71 of the Constitution). Drafts are debated successively in each 
chamber, beginning with the originating chamber. If pa ssed in both chambers, the draft is referred to the 
President of the Republic, who may: (a) make observations  on the decree that has been approved and return it 
to the chamber of origin for further debate, or (b) prom ulgate and publish it for implementation (Article 72 of 
the Constitution).  
Source: Political Constitution of the United Mexican States and online informatio n from the Office of the 
President of the Republic. Viewed at: http://www.presidencia.gob.mx . 
2.2.  There have been no fundamental changes to  the legal regime that underpins Mexico's trade 
policy since the last Review in February 2008. That regime is based on the Political Constitution of 
the United Mexican States ("the Constitution"), and on the Foreign Trade Law (LCE)2 together with 
its implementing regulations.3 Other relevant rules on trade matters referred to in this report 
include: 
 the Customs Law; 
 the Law on General Import and Export Taxes (LIGIE); 
 the General Rules for Foreign Trade issued by the Ministry of Finance and Public Credit; 
 the General Rules and Criteria for Foreign Trad e issued by the Ministry of the Economy;  
 the Foreign Investment Law;  
 the Law on the Approval of International Economic Treaties;  
 the Federal Law on Metrology and Standardization; 
 the Federal Law on Animal Health; 
                                               
1 Article 49 of the Constitution of the United Mexican States (1917) provides for the separation of 
Executive, Legislative and Judicial powers. The most re cent reform of the Constitu tion was published in the 
Official Journal of 9 August 2012. 
2 Published in the Official Journal of 27 July 1993. The most recent reform was published on 
21 December 2006. 
3 Published in the Official Journal of 30 December 1993. The most recent reform was published on 
29 December 2000. WT/TPR/S/279/Rev.1 • Mexico 
 
- 30 - 
   the Federal Law on Plant Health; 
 the General Law on Health; 
 the Federal Copyright Law; 
 the Law on Government Procurement, Leases and Services.  
2.3.  The Supreme Court of Justice of the Nation  has held that the Constitution is the highest 
ranking legal instrument, followed by internationa l treaties signed by the President and approved 
by the Senate, followed in turn by the federal and State laws.4 
2.4.  In accordance with the Constitution, foreign policy lies within the exclusive purview of the 
federal authorities (Articles 117 and 118). The Pres ident of the Republic ("the President") has the 
power to direct foreign policy; to sign, denounce, suspend and amend international treaties and to issue interpretative statements thereon, subjec t to Senate approval (Articles 76 and 89 of the 
Constitution).
5 Congress is responsible for legislation generally, and in particular for establishing 
the taxes on external trade (Article 73 of the Constitution). 
2.2  Trade policy objectives and formulation 
2.5.  The principal objectives of Mexico's trade policy are still to strengthen and increase the 
country's share in world trade. Those object ives are part of the National Development 
Plan 2007-2012 (PND)6 and the Sectoral Programme for the Economy 2007-2012 (PSE).7 The PND 
is the foundation for all the public policies of the Federal Government and is implemented through 
sectoral, institutional, regional or special government programmes, such as the PSE, drawn up by the Ministry of the Economy (SE). 
2.6.  The PSE comprises four priority action areas, one of which is to boost foreign trade and 
foreign direct investment. On the basis of the obje ctives set out in the priority action areas, the 
main strategies employed by the SE are: (a) to optimize the existing network of trade agreements; (b) to negotiate new agreements; (c) to promote convergence between agreements; 
(d) to strengthen the multilateral trading system; and (e) to ensure the legal defence of Mexico's 
trade interests.
8 Moreover, the authorities have indicated that Mexico's trade policy is implemented 
so as to contribute to stronger competitiveness and increase the country's participation in global 
value chains. 
2.7.  The SE remains the body responsible for formulating and directing foreign trade policies and 
promoting Mexico's external trade in cooperation with the Ministry of External Relations.9 The SE is 
also responsible for analysing and setting tari ff levels and proposing amendments thereto; 
examining and determining restrictions to trade; setting official prices having regard to the opinion 
                                               
4 Article 133 of the Constitution and Supreme Court of Justice of the Nation (2007), page 6. 
5 Law on the Approval of International Economic  Treaties, published in the Official Journal 
of 2 September 2004. This Law lays down the criteria for the approval of international treaties on trade in goods, services, investment, technology transfer, intellectual property, double taxation and economic cooperation. 
6 Published in the Official Journal of 31 May 2007. In te rms of strategies to attain the objectives set in 
priority areas No. 2 ("A competitive economy that generates employment") and No. 5 ("Effective democracy and a responsible foreign policy"), the National Develo pment Plan (2007-2012) recognizes the need to pursue 
the process of trade liberalization and to promote ex ports and foreign investment  for the benefit of the 
country's economic development. The strategy to be pursued in terms of international trade relations is to continue with the negotiation of trade agreements, while deepening and taking advantage of the trade 
agreements already in force. 
7 Published in the Official Journal of 14 May 2008. The PSE comprises four priority areas to promote the 
country's economic development, objectives and indicators  for each priority area and strategies for attaining 
each objective. 
8 Online information from the SE. Viewed at: 
http://www.economia.gob.mx/comunidad-negocios/comercio-exterior  [6 August 2012]. 
9 Article 34 (I and IV) of the Law on the Organization  of the Federal Public Ad ministration, published in 
the Official Journal of 29 December 1976. The most recent amendment was published on 14 June 2012. WT/TPR/S/279/Rev.1 • Mexico 
 
- 31 - 
  of the Ministry of Finance and Public Credit (SHC P); and establishing, together with the SHCP, the 
general criteria for establishing measures to boost foreign trade.10 
2.8.  The powers of the SE also include analysing, establishing and amending non-tariff regulations 
and restrictions that affect trade in and the transit of goods; laying down rules of origin and 
requirements on designation of country of origin; granting prior permits and allocating export and 
import quotas; coordinating international trade negotiations and issuing rules to comply with trade agreements; drawing up programmes and mech anisms to promote and stimulate exports; 
completing investigations into safeguards and unfair international trade practices, and imposing 
safeguards as well as determining the compensato ry duties (anti-dumping or countervailing duties 
("cuotas compensatorias " (derechos antidumping o compensatorios) ) ensuing from such 
investigations (Article 5 of the LCE). 
2.9.  The President has powers on tariff and non-tariff matters. He may, when he deems it urgent 
and necessary on grounds of national interest, impose, amend or remove tariffs; and regulate, restrict or prohibit the export, import, movement or transit of goods through decrees published in 
the Official Journal (Article 131 of the Constituti on and Article 4 of the LCE). The President may 
also lay down measures to regulate or restrict su ch trade flows through decisions issued by the SE 
and/or the competent authority and published in th e Official Journal (Article 4 of the LCE). The 
President is also responsible for authorizing po rts, establishing maritime and border customs 
offices and deciding on their location. 
2.10.  Mexico also has two commissions to assist the President on external trade matters: the 
Foreign Trade Commission (COCEX) and the Joint Export Promotion Commission (COMPEX) 
(Articles 6 and 7 of the LCE). The COCEX serves as a mandatory consultative agency for all entities 
of the Federal Public Administration on any measure that concerns the import, export, movement or transit of goods. The COCEX comprises repres entatives of the Ministries and other federal 
entities and has powers to issue opinions on the adoption or amendment of tariff and non-tariff 
measures. The COCEX reviews regulatory or restrictive measures and can hold consultations with business chambers, industrial, commercial or agricultural associations, and other stakeholders 
(Article 6 of the LCE and Article 9 of its implementing regulations). 
2.11.  The COMPEX comprises representatives of th e public and private sectors and its role is to 
analyse, evaluate, propose and promote measures to streamline administrative processes and remove barriers to foreign trade (Article 7 of the LCE and Article 177 of its implementing 
regulations). 
2.3  International trade relations 2.3.1  WTO 
2.12.  Mexico is a founding Member of the WTO.
11 Between 1994 and 1997, Mexico also 
participated in the negotiations on basic telecommunications and on financial services and accepted the Fourth
12 and Fifth13 Protocols, respectively, to the General Agreement on Trade in 
Services (GATS). In May 2008 Mexico notified to the WTO its acceptance of the Protocol amending 
the Agreement on Trade-Related Aspects of  Intellectual Property Rights (TRIPS).14 Mexico is not 
party to the Plurilateral Agreements on Government Procurement, Trade in Civil Aircraft or Information Technology. 
                                               
10 Article 34 (V) of the Law on the Organization of the Federal Public Administration. 
11 The SE represents the country at the WTO through the Permanent Mission of Mexico to the WTO in 
Geneva. 
12 As a result of the negotiations on basic telecommunications of 1994-1996, in 1997 Mexico added 
partial commitments in respect of basic telecommunications to its schedule of specific commitments of 1994 (WTO document GATS/SC/56/Suppl.2 of 11 April 1997). 
13 As a result of the negotiations on financial services of 1997, Mexico adopted a new text in 1998 
(WTO document GATS/SC/56/Suppl.3 of 26 February 1998)  replacing the section on financial services set out 
in its 1994 schedule of commitments annexed to the GATS. 
14 Decision of 6 December 2005. WTO document WT/L/641 of 8 December 2005. WT/TPR/S/279/Rev.1 • Mexico 
 
- 32 - 
  2.13.  Mexico grants most-favoured-nation (MFN) treatment to all its trading partners (including 
those that are not WTO Members), except where a product is eligible for preferential treatment under a trade agreement. 
2.14.  In conformity with its multilateral commitments Mexico has continued to submit notifications 
to the WTO (Table A2.1), although at October 2012 some were still pending. 
2.15.  Mexico has also continued to participate in the WTO dispute settlement mechanism. 
Although Mexico was not the subject of any co mplaint during the period under review, it 
lodged five complaints of its own and participated as a third party in 17 cases (Table A2.2). 
Three of the five complaints led to the establishment of a panel, an appeal and a ruling (or the circulation of a report) by the Appellate Body. The dispute with the United St ates on tuna, in which 
a ruling was handed down in May 2012, is noteworthy because of its long-running nature and 
history.
15 The Appellate Body and Panel reports16 were adopted on 13 June 2012. 
2.16.  Mexico takes an active part in the WTO's work and in the Doha Round negotiations. 
Mexico recognizes the importance of concluding those negotiations as soon as possible and of 
refining the WTO's disciplines to ensure the e ffectiveness of the multilateral system. In the 
framework of the negotiations, Mexico has submitte d a number of proposals individually or jointly 
with other WTO Members as part of the "Middle Ground" Group17, the Group of 20 (G-20)18 or the 
Friends of Anti-Dumping Negotiations.19 Mexico is also a co-sponsor of the proposal on the 
establishment of a database of geographical indications for wines and spirits.20 
2.3.2  Trade agreements 2.17.  Mexico is among the Latin American countries with the largest number of trade agreements. 
At September 2012 Mexico had 12 free trade agreements (FTAs) in force and eight partial scope 
agreements within the framework of the Lati n American Integration Association (LAIA) 
(Table 2.1).
21 The agreements cover a total of 51 count ries, 44 of them under FTAs. Most of 
Mexico's trade (81.3% in 2011) is with countries with which it has a trade agreement, especially 
the United States and Canada, which are parties to the North America Free Trade Agreement (NAFTA) (Table 2.2). In 2011, 67% of all trade was with these two countries, 
14.3% was with countries that are party to other FTAs and 2.2% with countries that are party to a 
partial scope agreement. 
Table 2.1 List of regional trade agreements signed by Mexico (in force, whether or not 
notified), 2007-2012
a 
Agreement with  Date of entry 
into force  Type of agreement  Notification to the WTO  
Year Document 
series  
Free Trade Agreements and Treaties that provide for the establishment of a free-trade zone  
 Central America (FTA)   Goods and services  Pending - 
El Salvado r 
Nicaragua 
Honduras Costa Rica Guatemala 01 Septembe
r 12 
01 September 12 
01 January 13* Pending Pending    
 Peru (Economic Integration 
Agreement)b  01 February  12 Goods and services  2012 WT/REG308  
 Japan (Economic Association 
Agreement) 01 April  05 Goods  and services  2005 WT/REG198  
                                               
15 A summary of the course of this dispute can be viewed at: 
http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds381_e.htm . The ruling was circulated in the 
Appellate Body report contained in WTO document WT/DS381/AB/R of 16 May 2012. 
16 Amended by the Appellate Body report. 
17 Information provided by the authorities. 
18 A coalition of developing countries pressing fo r ambitious agriculture re forms in the developed 
countries, with flexibilities for the developing countries. 
19 The fields in which Mexico has submitted proposals include agriculture, trade facilitation, and services. 
20 WTO document TN/IP/W/10/Rev.4 of 31 March 2011. 
21 The LAIA was set up in 1980 under the Montevideo Treaty and comprises Argentina, the Plurinational 
State of Bolivia, Brazil, Chile, Colombia, Ecuador, Mexi co, Paraguay, Peru, Uruguay, and the Bolivarian Republic 
of Venezuela. Cuba joined in 1999 and Panama in  2012. This agreement was notified to the GATT 
on 1 July 1982 (WTO document L/5342). WT/TPR/S/279/Rev.1 • Mexico 
 
- 33 - 
  Agreement with  Date of entry 
into force  Type of agreement  Notification to the WTO  
Year Document 
series  
 Uruguay (FTA)c 15 July  04 Goods and services  Pending - 
 EFTA (FTA with the European Free 
Trade Association: Iceland, 
Liechtenstein, Norway and 
Switzerland) 01 July  01 Goods and services  2001 WT/REG126  
 Northern Triangle   Goods and services  Pending WT/REG212  
El Salvado r 
Guatemala 
Honduras not in force**  
15 March 01*** 
01 June 01***    
 European Union (Economic 
Association Agreement)  01 July  00 (G) 
01 March 01 (S) Goods and services  2000(G) 
2002(S) WT/REG109  
 Israel (FTA)  01 July  00 Goods  2001 WT/REG124  
 Chile (FTA)d  01 August  99 Goods and services  2001 WT/REG125  
 Costa Rica 01 January  95***    WT/REG218  
 Colombia (FTA)e  01 January  95 Goods and services  2010 WT/REG289  
 Canada and the United States 
(North American Free Trade 
Agreement (NAFTA)) 01 January  94 Goods and services  1993(G) 
1995(S) WT/REG4  
Partial scope agreement 
 Plurinational State of Bolivia, 
(AAP.CE No. 66) 07 June  10 Goods  Pending -  
 MERCOSUR (AAP.CE No. 55)   Goods, partial scope: 
automotive sector Pending - 
Paraguay 
Argentina, Brazil, Uruguay 01 February  11 
01 January 03   -  
 Brazil (AAP.CE No. 53)  02 May  03 Goods, partial scope  Pending - 
 Cuba (AAP.CE No. 51)  28 February  01 Goods, partial scope  Pending - 
 Paraguay (AAP.R No. 38) 01 July  84 Goods, partial scope  Pending - 
 Ecuador (AAP.R No. 29)  14 Decembe r 87 Goods, partial scope  Pending - 
 Argentina (AAP.CE No. 6)  01 January  87 Goods, partial scope  Pending - 
 Panama (AAP.A25 No. 14)  24 April  86 Goods, partial scope  Pending - 
Other agreements  
 MERCOSUR (AAP.CE No. 54)f  05 January  06 Framework agreement  Pending  
 LAIA (AR.CEYC No. 7) 09 August  90 Goods, partial scope: 
cultural goods Pending - 
 Global System of Trade Preferences 
among Developing Countries (GSTP) 19 April  89 Goods  1989 L/6564  
 LAIA (Latin American Integration 
Association) 18 March  81 Goods, preferences, 
and preferential 
framework 1982 L/5342 and  
WT/COMTD/72g 
 Protocol Relating to Trade 
Negotiations Among Developing 
Countries (TNDC) 11 February  73 Goods  1971 L/3598  
a Where agreements have been negotiated within the framework of the LAIA , the LAIA reference is 
included in parentheses. 
b The Economic Integration Agreement with Peru was deposited at the LAIA under the designation 
AAP.CE No. 67. 
c The FTA with Uruguay was deposited at the LAIA under the designation AAP.CE No. 60. 
d The FTA with Chile was deposited at the LAIA under the designation AAP.CE No. 41. e The FTA with Colombia was deposited at the LAIA under the designation AAP.CE No. 33. f The aim of AAP.CE No. 54 with MERCOSUR is to la y down the legal framework  for the establishment 
of a free-trade area between Mexico and MERCOSUR. 
g Most recent biennial report. 
* This date is included in the Decision notifying the entry into force between Mexico and Honduras of 
the Free Trade Agreement between the United Mexican States, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras and Nica ragua, published in the Official Journal 
of 30 November 2012. 
** Ceased to have force upon the entry into  effect of the FTA with Central America. 
*** Will remain in force until the entry into  effect of the FTA with Central America. 
Note: G: goods; S: services. 
 AAP.A25: Agreements under Article 25 of the Mont evideo Treaty. These Agreements provide that 
preferences granted to non-LAIA Latin Americ an countries are automatically extended to 
LAIA member countries of "relatively lower economic development", namely the Plurinational State of Bolivia, Ecuador and Paraguay. 
 AAP.CE: Partial Scope Economic Complementarity Agreement.  AAP.R: Partial Scope Agreement on the Renegotiation of the Historical Heritage.  AR.AM: Regional Market Opening Agreement.  AR.CEYC: Agreement on Cooperation and Exchange of Cultural Goods. 
Source:  WTO Secretariat. WT/TPR/S/279/Rev.1 • Mexico 
 
- 34 - 
  2.18.  During the period under review, Mexico signed three new trade agreements: one with the 
Plurinational State of Bolivia, one with Peru, and one with Central America (Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua) . At end 2012 the first two of those agreements 
were in force whereas the agreement with Central America had entered into force between Mexico 
and El Salvador, and between Mexico and Nicaragua only. 
2.19.  During the review period, changes were also made to: the FTA with Colombia; 
the Agreement to strengthen Mexico's economic partnership with Japan; the FTA with Chile; 
the FTA with Israel; and the FTA with EFTA. Under Economic Complementarity Agreement No. 55 
on Trade in the Automotive Sector between Mexico and the States party to MERCOSUR the terms of Mexico's trade with Argentina and Brazil were amended (Bilateral Appendices I and II respectively). In June 2012 Argentina suspended the Agreement
22; the suspension was terminated 
in December 2012 following the adoption of the Four th Additional Protocol to Bilateral Appendix I 
(Concerning Trade in the Automotive Sector be tween Argentina and Mexico) of AAP.CE No. 55. 
2.3.2.1  Free trade agreements 
2.20.  Despite the large number of agreements signed and some progress in diversifying its trade, 
Mexico's trade structure remains strongly focused on the United States, a partner in NAFTA. In 2011, the United States accounted for around 78.6% of Mexico's exports and 49.7% of its 
imports (Table 2.2). These percentages are lower than they were in 2001 (88.7% and 67.7% 
respectively) and 2006 (84.8% and 51.1% respectively).
23 
2.21.  In 2011 the United States attracted 64% of all Mexican trade (imports and exports). 
The European Union, Canada and Japan followed a long way behind with 8.1%, 2.9% and 2.7% 
respectively. The Latin American countries with which Mexico has an FTA (Central America, Chile, 
Colombia, Peru and Uruguay), account for 3% of Mexican trade. 
2.22.  In 2011, 36% of imports that entered Mexico received preferential treatment under 
an FTA (Table 2.2). It should be noted that 58.3% of tariff lines are MFN duty free, which could be 
one of the explanations for the low use of preferences. 
Table 2.2 Features of trade between Mexico  and countries with which it has a trade 
agreement  
 % of tariff lines 
exempt from 
duties under the 
agreement at 
January 2012a % of Mexico's 
total trade, 
2011  % of Mexican 
exports, 2011  % of Mexican 
imports, 2011  % of Mexican 
imports 
receiving 
preferences, 
2011  
Countries with an FTA   81.31  91.95  70.72 35.94  
United States 99.9 64.09  78.55  49.70 27.43  
EU 97.0 8.09  5.40 10.77 4.80  
Canada 99.0 2.90 3.06 2.75 1.92 
Colombia  96.3 0.92  1.61 0.24 0.18  
Japan 48.4 2.68 0.64 4.70 0.32 
Chile 99.2 0.60  0.59 0.60 0.56  
Guatemala 97.5 0.33 0.51 0.15 0.13 
Peru 82.3 0.27  0.37 0.17 0.02  
Switzerland 91.8 0.39 0.35 0.44 0.22 
Costa Rica 98.6 0.52  0.29 0.76 0.08  
El Salvado r 97.7 0.11 0.19 0.03 0.02 
Honduras 97.4 0.12  0.14 0.10 0.05  
Nicaragua 99.7 0.08 0.12 0.04 0.04 
Uruguay 95.0 0.08  0.08 0.08 0.06  
Israel 90.8 0.09 0.03 0.15 0.08 
Norway 91.0 0.03  0.01 0.04 0.02  
Liechtensteinb 91.8 0.01 0.00 0.01 0.00 
Iceland 91.3 0.00  0.00 0.00 0.00  
                                               
22 Decree No. 969/2012 suspending the application of Economic Complementarity Agreement No. 55/02, 
including its Annexes, and of Bilateral Appendix I Concerning Trade in the Automotive Sector between 
Argentina and Mexico were published in the Official  Journal of the Argentine Republic on 26 June 2012. 
23 WTO (2008). WT/TPR/S/279/Rev.1 • Mexico 
 
- 35 - 
   % of tariff lines 
exempt from 
duties under the 
agreement at 
January 2012a % of Mexico's 
total trade, 
2011  % of Mexican 
exports, 2011  % of Mexican 
imports, 2011  % of Mexican 
imports 
receiving 
preferences, 
2011  
Countries with a partial 
scope agreementc n.a. 2.19 2.66 1.72 0.33 
Other countries  n.a. 16.50  5.39 27.56 0.04d 
Total  n.a. 100 100 100 36.31  
a The calculation does not take account of lines that  are MFN duty free. Data as at 1 January except 
for Peru, El Salvador, Nicaragua and Honduras. Data  for Peru are as at 1 February 2012. Data for 
El Salvador, Nicaragua and Honduras relate to the single FTA at 1 September 2012. The single FTA had already entered into force in re spect of these three countries or a date had been set for its entry 
into force. 
b Liechtenstein is subject to the same tariff treatment as Switzerland. 
c Includes Argentina, the Plurinational State of Bolivia, Brazil, Cuba, Ecuador, Panama and Paraguay. 
d This percentage refers to im ports that entered Mexico under the WTO powdered milk quota. 
n.a. Not applicable. 
Source:  WTO Secretariat, based on data prov ided by the Mexican authorities. 
2.3.2.1.1  Free trade agreements with Nort h American and Latin American countries 
2.23.  In January 2008 the three NAFTA countries completed their tariff reduction programme 
when tariffs on highly sensitive agricultural products were abolished. Mexico eliminated tariffs on 
maize, beans and powdered milk originating in  the United States and Canada, and on sugar 
originating in the United States. In accordance  with NAFTA, in 2009 Mexico launched the process 
of eliminating prohibitions and restrictions on the importation of used vehicles originating from the 
NAFTA region based on the age of the vehicle; that process will be completed gradually 
by 2019 (see Chapter 3.2.824). At January 2012 almost all products from the United States and 
Canada (99.9% and 99% of tariff lines respectively) were exempt from import duties (Table 2.2). 
2.24.  Mexican exports to the United States and Ca nada were also duty free, with a few exceptions 
in respect of Canada, such as sugar, eggs, dairy products and poultry products. 
2.25.  During the period under review, the NAFTA countries amended the rules of origin set out in 
the agreement (Annex 401, Chapter IV) with the ai m of relaxing some of  them. The amendments 
entered into force in 2009. 
2.26.  The FTA with Central America, signed in November 2011, will replace the separate FTAs that 
Mexico had with Costa Rica, Nicaragua and the countries of the Northern Triangle (Guatemala, 
Honduras and El Salvador), combining them in a single agreement.25 The single FTA entered into 
force between Mexico and El Salvador and Mexi co and Nicaragua on 1 September 2012, thereby 
terminating the separate FTAs that Mexico had with those countries. The single FTA will enter into force in respect of the other countries upon completion of their domestic legal formalities.
26 
The new FTA reflects the tariff elimination commitments in the individual agreements and includes 
new manufactures. There are increases in quotas for some agricultural products. Under the individual agreements, before the single agr eement was applied, between 97.2% (Honduras) 
and 99.3% (Nicaragua) of Mexico's tariff lines were duty free for imports from those countries.
27 
Under the new agreement, the percentage of duty-free lines varies between 97.4% (Honduras) and 99.7% (Nicaragua). The tariff-reduction pr ogramme in the new agreement spans ten years 
from the date of entry into force. Additionally, 98. 2% of the specific rules of origin in the former 
agreements were approved, and relaxed in respect of motor vehicles and tractors, dairy preparations and other products. The approval proce ss resulted in a single set of rules and a single 
                                               
24 Decree regulating the definitive import of used  vehicles, published in the Official Journal of 
1 July 2011; and Tenth Amendment to the Decision of th e Ministry of the Economy establishing General Rules 
and Criteria for Foreign Trade, published in the Official Journal of 29 December 2008. It should be noted that since 2005 no permit has been required for the import of certain types of used vehicles that are between ten and 15 years old. 
25 Published in the Official Journal of 9 January 2012. 
26 In November 2012, 1 January 2013 was notified as the date of entry into force of the Central America 
FTA between Mexico and Honduras. 
27 Percentages calculated using data provided by the authorities. For El Salvador the figure was 97.5%. WT/TPR/S/279/Rev.1 • Mexico 
 
- 36 - 
  certificate of origin with the aim of reducing customs procedures and costs. The new agreement 
also includes a chapter on electronic commerce and telecommunications.28 
2.27.  In April 2007, before the signature of the FTA with Central America, new protocols adding 
provisions on cumulation in the textiles sector were signed and incorporated into the FTAs with 
Costa Rica29, Nicaragua30, and the Northern Triangle (Guatemala, Honduras and El Salvador).31 
These provisions allow for cumulation of materials originating in the United States for the manufacture of clothing (Chapter 62 of the HS).  They have been in force since August 2008, 
except in respect of Costa Rica, where the Protocol entered into force in January 2009. 
2.28.  In July 2009, Mexico and Costa Rica signed the Amending Protocol to their bilateral FTA; it 
entered into force on 6 February 2011
32, and its aim was to amend the rules of origin for certain 
products. 
2.29.  The Economic Integration Agreement with Peru, signed in April 2011 and in force since 
February 2012, replaces Economic Complementarity Agreement (AAP.CE) No. 8 signed in 1987. With the entry into force of the agreement, 82.3% of Mexico's tariff lines immediately became 
duty free, compared to 0.7% under AAP.CE No. 8.
33 The liberalization process for other products 
will be implemented over ten years. Mexico excluded 210 tariff lines from the negotiation, including products such as coffee, sugar, beef, poultry meat, apples, fresh potatoes, fresh chilli 
and certain dairy products. In addition to trade in goods and services the agreement covers 
investments and establishes a dispute settlement mechanism. 
2.30.  In conformity with the FTA with Colombia, the tariff-reduction programme (including the 
automotive sector) was completed in 2010 for Mexico and 2011 for Colombia. At January 2012, 
96.3% of Mexico's tariff lines were duty free for Colombian imports (Table 2.2). Mexico and 
Colombia added a new protocol to the FTA incorporating new articles and amending some of its provisions.
34 The new protocol, signed on 11 June 2010 and in force since 2 August 2011, includes 
new market access clauses, amends certain rule s of origin and strengthens the role of the 
Administrative Commission. The clauses on market access included the addition by Mexico of 70 tariff lines to its tariff-reduction programme (42 in agriculture and 28 in the industrial 
sector), and the addition by Colombia of 49 tari ff lines (37 in agriculture and 12 in industry); 
implementation of the reductions should be completed by 2020.
35 The new protocol also provides 
for diagonal cumulation with countries with which both parties have trade agreements, provided inter alia  that the agreements in question have equivalent provisions. 
2.31.  Since its last Review, Mexico has continued the liberalization process with Uruguay. The FTA 
has been in force since 2004 and its implementation period runs until 2014, by which date 95.5% of Mexico's tariff lines will be duty free.
36 At January 2012, Mexico had already liberalized 95% of 
its tariff lines (Table 2.2). Products excluded by Mexico from liberalization include certain meats, 
beans, sugar, wheat, tobacco, edible oils, sardines , spirits and clothing. Trade in automotive goods 
is governed by Economic Complementarity Agreement (AAP.CE) No. 55 between Mexico and 
MERCOSUR, and the additional protocols thereto. 
                                               
28 Text of the agreement with Central Americ a and related information note. Viewed at:  
http://www.economia.gob.mx/files/comunidad_negocios/comercio_exterior/TLC_Unico_ficha.pdf . 
29 The Decree promulgating the Protoc ol adding textile cumulation provisions to the FTA between Mexico 
and Costa Rica was published in the Official Journal of 31 December 2008. 
30 The Decree promulgating the Protoc ol adding textile cumulation provisions to the FTA between Mexico 
and Nicaragua was published in the Official Journal of 14 August 2008. 
31 The Decree promulgating the Protoc ol adding textile cumulation provisions to the FTA between Mexico 
and El Salvador, Guatemala and Honduras was publ ished in the Official Journal of 14 August 2008. 
32 The Decree promulgating the Amending Protocol to the FTA between Mexico and Costa Rica was 
published in the Official Journal of 3 February 2011. 
33 Information provided by the Mexican authorities. 
34 The Decree promulgating the Amending Protocol to the FTA between Mexico, Colombia and the 
Bolivarian Republic of Venezuela was published in the Official Journal of 27 July 2011. The amendments made 
by the Protocol include the name of the agreement to ta ke into account the denunciation of the agreement by 
the Bolivarian Republic of Venezuela in 2006. 
35 Annex 1 to the Amending Protocol to the Free Trade Agreement between the United Mexican States, 
the Republic of Colombia and the Bolivarian Republic of  Venezuela, signed at Cart agena de Indias, Colombia, 
on 13 June 1990. 
36 Information provided by the Mexican authorities. WT/TPR/S/279/Rev.1 • Mexico 
 
- 37 - 
  2.32.  Pursuant to the Mexico-Chile FTA, tariffs  on the majority of goods traded between these 
two countries were eliminated after the agreement entered into force. At January 2012, 99.2% of Mexico's tariff lines were duty free for imports from Chile (Table 2.2). Goods still subject to payment of import duty in Mexico include shrimps,  lobsters, beans, maize, wheat and wheat flour, 
edible oils, sugar, tobacco, petroleum products and articles of worn clothing. The Protocol adding a 
chapter on government procurement to the FTA with Chile was signed on 28 August 2007 and entered into force in November 2008.
37 
2.3.2.1.2  Free trade agreements with European countries 
2.33.  In line with the tariff reduction schedules in their FTA, Mexico and the European Union 
liberalized most of their agricultural products in 2010.38 Under the agreement, at January 2012 
Mexico had tariff quotas for tuna and skipjack, and applied tariffs to agricultural products such as 
sugar, maize, meats, potatoes, eggs, beans, cereal flours and fruits.39 The European Union and 
Mexico eliminated tariffs on industrial products in 2003 and 2007 respectively.40 
2.34.  In line with the tariff-reduction schedule in the FTA between Mexico and EFTA, the parties 
eliminated tariffs on all industrial and agricultur al products in 2007, except for a small list of 
agricultural products.41 At January 2012, between 91% (Norway) and 91.8% (Switzerland) of 
Mexican tariff lines were duty free under th e FTA (Table 2.2). Amending protocols to 
the three bilateral agreements on agricultur e between Mexico and Iceland, Norway and 
Switzerland were signed in October 2011 in order to facilitate trade in agricultural products between the parties. The new provisions allow for consignments of originating agricultural products to be subdivided or split in a third country, pr ovided that the procedure is monitored by customs.
42 
These provisions entered into force in August  and September 2012 for Norway and Switzerland 
respectively.43 In the case of Iceland, entry into force is pending. 
2.3.2.1.3  Free Trade Agreem ents with other countries 
2.35.  In conformity with the FTA between Mexico and Israel, the tariff-reduction process was 
completed in 2005. The lines that were not negotiated consist principally of agricultural products together with a few chemical products. To enhance and facilitate economic relations between the 
two countries, an amending protocol including provisions on the transhipment of goods and a 
chapter on bilateral cooperation entered into force in March 2010.
44 
2.36.  The tariff-reduction process between Mexico and Japan that was launched in 2005 with the 
entry into force of the Agreement to strengthen  the economic partnership between Mexico and 
Japan (AAE) is due to be completed in 2015 in respect of both countries. At January 2012, 48.4% 
of Mexico's tariff lines were duty free for Japanese imports (Table 2.2) and under the agreement that percentage will be 94.1% in 2015. The agre ement also provides for special tariff-reduction 
schemes for the automotive and steel sectors.
45 
                                               
37 The Decree promulgating the Protocol adding th e chapter on government procurement to the FTA 
between Mexico and Chile was published in the Official Journal of 27 October 2008. 
38 WTO document WT/REG109/3 of 27 August 2001. 
39 According to the information prov ided by the Mexican authorities. 
40 The authorities have indicated that where industrial  products are concerned, Mexico only reserved the 
right to restrict imports and exports of hy drocarbons (Annex IV to the Agreement). 
41 The authorities have indicated that where industri al products are concerned, Mexico reserved the 
right to restrict imports and exports of hy drocarbons (Annex VI to the Agreement). 
42 Information provided by the Mexican authorities. 
43 Decree promulgating the Amending Protocol to the Agreement on Agriculture between 
the United Mexican States and the Kingdom of Norway signed at Mexico City on 27 November 2000, done at Mexico City on 11 October 2011, published in the Official Journal of 6 June 2012; and Decree promulgating the Amending Protocol to the Agreement on Agriculture between the United Mexican States and the Swiss Confederation signed at Mexico City on 27 November 2000, done at Mexico City on 11 October 2011, published in the Official Journal of 21 August 2012. 
44 Decree promulgating the Amending Protocol to the Free Trade Agreement between 
the United Mexican States and the State of Israel, signed at Mexico City on 18 November 2008, published in 
the Official Journal of 17 March 2010. 
45 Information provided by the authorities and WTO document WT/REG198/4 of 15 September 2008. WT/TPR/S/279/Rev.1 • Mexico 
 
- 38 - 
  2.37.  A protocol46 amending the AAE was signed in September 2011 and entered into force 
on 1 April 2012. It provides for increases in quotas, tariff reductions for products such as orange juice and agave syrup, and for faster tariff-reduction for certain automotive parts. Other amendments made to the AAE in 2012 include the rela xation of certain rules of origin for chemical 
products, steel and automotive parts, and amendments relating to certificates of origin and 
customs procedures.
47 
2.3.2.2  Partial scope agreements 
2.38.  Mexico has partial scope (limited coverage) agreements within the LAIA48 framework with 
Argentina, Brazil, Cuba, Ecuador, Panama and Paraguay. It also has a partial scope agreement with the MERCOSUR countries that applies only to trade in goods in the automotive sector (AAP.CE No. 55). During the period under review, Mexico signed a partial scope agreement 
with the Plurinational State of Bolivia (AAP.CE No. 66). Mexico also amended AAP.CE No. 55 on the 
automotive sector with the MERCOSUR countries. 
2.39.  The new agreement with the Plurinational State of Bolivia (AAP.CE No. 66) entered into 
force on 7 June 2010. It replaced the FTA that had been in place between the two countries 
since 1995 and was denounced by the Plurilateral State of Bolivia in December 2009. The new agreement retained the tariff preferences and exce ptions set out in the FTA (AAP.CE No. 31) in 
respect of trade in goods.
49 Mexico excluded 205 products from liberalization, including oils, 
marmalades, dairy products, meat, wheat, sorghum, rice, oilseeds, sugar and alcohol.50 
Unlike the FTA, the new agreement does not cover trade in services. 
2.40.  The aim of AAP.CE No. 55 between Mexico and MERCOSUR is to lay the foundations for 
liberalization of the parties' automotive sectors and promote their integration. In the agreement, 
the parties agreed to liberalize, on a reciprocal, gradual basis, imports of automobiles, freight vehicles with a g.v.w. of 8,845 kg or less, tractors, trailers and semi-trailers and coachwork 
by 30 June 2011, and imports of buses and frei ght vehicles with a g.v.w. exceeding 8,845 kg 
by 1 July 2020.
51 The parties also negotiated lists of duty-free automotive parts on a bilateral 
basis.52 Each country, except for Paraguay, establishe d a transition schedule for implementing the 
liberalization process for the automotive sector. Paraguay signed AAP.CE No. 55 with Mexico 
in 2002, and it entered into force in February 2011.53 At end 2012, the transition schedule for the 
agreement was still pending (Appendix III). 
2.41.  In March 2012 Mexico and Brazil renegotiated Appendix II (Concerning Trade in the 
Automotive Sector between Brazil and Mexico) of the Agreement and agreed to apply annual 
duty-free quotas for three years on a reciprocal ba sis for imports of automobiles and light vehicles 
(with a g.v.w. of 8,845 kg).54 The quotas are scheduled for elimination in 2015. The Protocol also 
amends the formula for calculating the regional content index (RCI) for Brazil and adopts the 
formula used by Mexico. Additionally, the value of that index is adjusted in order to determine 
                                               
46 Decree promulgating the Amending Protocol to the Agreement to strengthen Mexico's economic 
partnership with Japan, signed at Mexico City on 22 September 2011, published in the Official Journal of 30 March 2012. 
47 Information provided by the authorities. 
48 The LAIA member countries are Argentina, the Plurinational State of Bolivia, Brazil, Chile, Colombia, 
Cuba (since 1999), Ecuador, Mexico, Panama (sin ce February 2012), Paraguay, Peru, Uruguay and the 
Bolivarian Republic of Venezuela. 
49 In other words, it retained the 11,891 tariff lines that were alread y duty free (98.2% of all lines). 
50 According to the information prov ided by the Mexican authorities. 
51 During the transition period Appendices I (Argen tina), II (Brazil), III (Paraguay) and IV (Uruguay) 
were to govern product scope and ma rket access between Mexico and ea ch MERCOSUR country. Paraguay's 
transition schedule (Appendix III) was still pending at June 2012. 
52 Information provided by the authorities. 
53 The Notice of entry into force between Mexi co and Paraguay of Economic Complementarity 
Agreement No. 55 was published in the Official Journal of 8 April 2011. 
54 The Decision notifying the Fourth Additional Protocol to Appendix II Concerning Trade in the 
Automotive Sector between Brazil and Mexico of Econ omic Complementarity Agre ement No. 55 was published 
in the Official Journal of 26 March 2012. WT/TPR/S/279/Rev.1 • Mexico 
 
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  whether a good is originating, and was set at 30% for 2012, 35% for 2013 and 40% for 2016. 
For Mexico, the regional content index was already 30% in 2012, whereas for Brazil it was 60%.55 
2.42.  In December 2012, Mexico and Argentina signed the Fourth Additional Protocol to Bilateral 
Appendix I, which provides for increasing and reciprocal duty-free quotas for bilateral trade in light 
vehicles and establishes free trade in this type of vehicle as of March 2015.56 Like the instrument 
negotiated with Brazil, this Protocol amends the formula for calculating the regional content index, initially established at 30% and due to rise to 40% in 2016. 
2.3.3  Other agreements and preferences in force 
2.43.  Together with 12 other countries, Mexico is a member of the Latin American Integration 
Association (LAIA) set up under the Montevideo Treaty of 1980.
57 Under the Treaty members 
grant, on a reciprocal basis, a tariff preference  (Regional Tariff Preference (PAR)) that takes the 
form of a percentage reduction on the MFN tariff. The tariff reduction is determined by the level of 
development of the member countries; the tariff preferences that Mexico grants range from 20% to 48%.
58 The Treaty classifies the countries into th ree categories: relatively less economically 
developed countries (Plurinational State of Bolivia, Ecuador and Paraguay); countries at an 
intermediate stage of development (Chile, Colombia, Cuba, Panama, Peru, Uruguay and the Bolivarian Republic of Venezuela); and other countries (Argentina, Brazil and Mexico). It covers all 
tariff lines except for those in the list of exceptions drawn up by each country. 
2.44.  Mexico is also a member of the Global System of Trade Preferences among Developing 
Countries (GSTP), comprising 77 countries, under which it grants concessions on a small number of tariff lines.
59 
2.3.4  Trade agreements under negotiation 
2.45.  Since October 2012 Mexico has been formally involved in the negotiations on the 
Trans-Pacific Partnership (TPP). The TPP, which comprises nine countries of the Asia-Pacific 
region60 and aims to liberalize trade and investment between its members, covers a broad range 
of products and issues. 
2.46.  In June 2012 Mexico, together with Chile, Colombia and Peru, signed the Pacific Alliance 
Framework Agreement. One of the objectives of th e agreement is to establish an area of deep 
integration resulting in the free movement of goods, services, capital and persons between member countries.
61 
                                               
55 Article 6 of Annex II to ACE No. 55 and Article 5 of  the Fourth Additional Protocol to Appendix II 
Concerning Trade in the Automotive Sector  between Brazil and Mexico of ACE No. 55. 
56 The Decision notifying the Fourth Additional Pr otocol to Appendix I Concerning Trade in the 
Automotive Sector between Argent ina and Mexico of Economic Complementarity Agreement No. 55 
was published in the Official Journal of 18 December 2012. 
57 Under the LAIA there are two types of agreement: agreements involving all members, referred to as 
"Regional Scope Agreements" (AAR), and agreements invo lving two or more member countries, referred to as 
"Partial Scope Agreements" (AAP). 
58 According to information from the LAIA, at November 2012 Mexico granted regional tariff preferences 
of 20%, 28%, 40% and 48%. Online info rmation from the LAIA. Viewed at: 
http://www.aladi.org/nsfaladi/Consolid ado.nsf/vBeneficiosOtorgados/mexico . 
59 Decree Promulgating the Agreement on the Global  System of Trade Preferences among Developing 
Countries, adopted on 13 April 1988 at Belgrade, Yugoslavia, published in the Mexican Official Journal of 21 July 1989. Mexico did not undertake any commit ments in the Second (1992) and Third (2004) Rounds 
of GSTP Negotiations. 
60 The basis of the agreement is the Trans Pacific Strategic Economic Partnership Agreement (P4) 
between Brunei, Chile, New Zealand and Singapore, sign ed on 3 June 2005, and in force since 28 May 2006. 
In 2008, negotiations began with Australia, the United States, Peru and Viet Nam with a view to their joining 
the group. In 2010 Malaysia joined the negotiations and in October 2012, Mexico and Canada did so. 
61 Article 3 of the Pacific A lliance Framework Agreement. WT/TPR/S/279/Rev.1 • Mexico 
 
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  2.4  Foreign investment regime 
2.4.1  Formulation and regulatory framework 2.47.  Foreign investment in Mexico is governed by the Foreign Investment Law (LIE)
62 and its 
implementing regulations63, and by the Constitution (Articles 27 and 73).64 At bilateral level, 
foreign investment is also governed by agreements  on the promotion and reciprocal protection of 
investment (IPPAs) and by chapters on investment  contained in the international trade agreements 
that Mexico has signed. Registration of foreign investment is compulsory; restrictions and 
exclusions on foreign investment have been re tained in certain areas. Foreign investment 
amounting to more than 49% of a company's capita l requires government approval if it exceeds a 
given monetary value.65 
2.48.  The LIE has been amended four times since the last Review: in 2008, 2011 (twice) and 
in 2012, but has not undergone any fundamental change. 
2.49.  The LIE sets out, among other things, the ri ghts of foreign investors, the restrictions and 
limits on their participation in share capital of businesses, and penalties in the event of an 
infringement of the LIE.66 In accordance with the LIE (Article 4) foreigners and foreign companies 
may hold up to 100% of the share capital of Mexican companies, acquire fixed assets, operate in new economic areas, open and manage establishments (including in-bond assembly plants 
(maquiladoras)), and extend or relocate existing establishments in all sectors of industry, except 
for those listed in Articles 5-8 of the LIE. In accordance with those Articles, 12 types of activity are the preserve of the State, five are reserved fo r Mexican nationals or Mexican companies with a 
"foreigners exclusion clause" and 31 are subject to restrictions on foreign investment participation 
(see below). 
2.50.  With regard to administrative aspect s, the principal regulatory, implementing and 
management bodies for foreign investment continue to be the National Foreign Investment 
Commission (CNIE), the Directorate-General of Foreign Investment (DGIE), 
the Directorate-General of Negotiations on Services (DGNS) and the National Register of Foreign Investment (RNIE) (Box 2.2). All four entities are answerable to the SE and the CNIE has 
responsibility for directing foreign investment policy. Entry on the RNIE of all foreign investment 
and Mexican companies with foreign equity holdings remains compulsory (Article 32 of the LIE). 
                                               
62 Published in the Official Journal of 2 December 1993; the most recent amendment was published 
on 9 April 2012. 
63 Implementing regulation s for the Foreign Invest ment Law and the Nation al Foreign Investment 
Register published in the Official Journal of 8 September 1998. The most recent amendment was published on 4 May 2009. 
64 Article 27 regulates the acquisition of land an d water by foreigners while Article 73 empowers 
Congress to issue laws regulating foreign investment , technology transfer and the generation, circulation 
and application of scientific an d technological knowledge necess ary for national development. 
65 For 2012 that value was around Mex$3.2 billion, as determined under General Resolution No. 13 
defining the revised value of the total sum of assets re ferred to in Article 9 of th e Foreign Investment Law, 
published in the Official Journal of 10 July 2012. Online information from the SE. Viewed at: http://www.economia.gob.mx/files/comunid ad_negocios/ied/resolucion_general_13.pdf . 
66 According to the definition given in the LIE, fore ign investment includes: (a) participation by foreign 
investors in any proportion whatever in the share capital of Mexican companies; (b) investment by 
Mexican companies with majority foreig n ownership; and (c) participation by foreign investors in the activities 
and actions covered by the LIE (Article 2 of the LIE). WT/TPR/S/279/Rev.1 • Mexico 
 
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  Box 2.2 Principal federal bodies as regards foreign investment, 2012  
The National Foreign Investment Commission (CNIE)  is responsible for directing policy on foreign 
investment; determining the terms and conditions governing foreign shareholding where it may exceed 49%; 
issuing general decisions setting out th e criteria governing the application of laws and regulations on foreign 
investment; and authorizing use of the neutral investment mechanism (see below), among others. Any request 
concerning an investment must be submitted to the CN IE; in the absence of any response within 45 working 
days the request must be deemed approved under the te rms specified therein (Article 28 of the LIE). The CNIE 
may prohibit acquisitions by foreign investors on grounds of national security (Article 30 of the LIE). 
The Directorate-General of Foreign Investment (DGIE) is responsible for representing Mexico in 
international forums and bodies dealin g with foreign investment and also acts as the technical secretariat of 
the CNIE. Its activities include: administering and operating the National Register of Foreign Investment 
(RNIE); issuing administrative decisions under the LIE; drawing up and circulating statistics; an d evaluating 
foreign investment projec ts submitted to the CNIE for consideration. 
The Directorate-General of Negotiations on Services (DGNS)  is responsible for negotiating, monitoring 
and circulating international agreements on investment and trade in services  at bilateral, regional and 
multilateral levels. 
The National Register of Foreign Investment (RNIE)  holds a record of all foreign investors and 
Mexican companies in which there is any kind of foreign shareholding. Registration in the RNIE is compulsory 
and a fine is payable if incorrect or incomplete information is given or if the requirement to register is not 
complied with within the specified time-limit. 
Source: SE. 
2.4.2  Restrictions on foreign investment 
2.51.  In accordance with the LIE, Mexico keeps a list of: 
 activities that are the preserve of the State (Article 5 of the LIE); 
 economic activities and companies that are reserved for Mexican nationals or 
Mexican companies with a "foreigners exclusion clause" (Article 6 of the LIE).67 Foreign 
investment in these activities is not allowed unless it is in the form of a "neutral 
investment". Neutral investment is an inve stment vehicle that confers only pecuniary 
rights on holders; it does not confer any voting rights. Therefore it is not taken into 
account in determining the percentage of foreign investment in a Mexican company. 
Undertaking a neutral investment operation requires authorization from the SE and, where applicable, the National Banking and Securities Commission (Articles 18-20 of the LIE). 
 economic activities in which the share of foreign investment may be up to 10%, 25% 
or 49% of a company's capital stock (Article 7 of the LIE). For certain activities and companies the percentage may exceed 49%, subj ect to the approval of the CNIE. For an 
existing Mexican company, CNIE approval will be required only if the total value of the 
company's assets is greater than the amount determined annually by the CNIE (Articles 8 and 9 of the LIE). 
2.52.  Only the list of activities reserved to Mexican nationals or Mexican companies with a 
"foreigners exclusion clause" has changed since the last Review. An amendment in 2008 removed credit unions from the list and authorized direct and indirect participation of foreign investment amounting to up to 10% of a credit union's capital. Where indirect participation is concerned, 
company shares may be acquired only by Mexica n legal persons (companies) that have foreign 
share capital. Foreign legal persons that exercise functions of authority are prohibited from participating in the share capital of credit unions.
68 Box 2.3 below sets out the three lists in detail. 
                                               
67 Under this type of clause, neithe r foreign investors nor companies with a "foreigners inclusion clause" 
may participate either directly or indirectly in these activities. 
68 Decree issuing the Law on Credit Unions and supplementing and amending the General Law on Credit 
Instruments and Operations, published in the Official Journal of 20 August 2008. WT/TPR/S/279/Rev.1 • Mexico 
 
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  Table 2.3 Limits on foreign investment, 2012 
1. List of activities that are the preserve of the State 
 Petroleum and other hydrocarbons; 
 Basic petrochemicals; 
 Electricity; 
 Generation of nuclear energy; 
 Radioactive minerals; 
 Telegraphy; 
 Radio telegraph services; 
 Postal services; 
 Issuing of banknotes; 
 Minting of coins; 
 Control, supervision and surveillance of  ports, airports and heliports; and 
 Any other areas that may be expressly reserved by specific legislation.  
2 .  L i s t  o f  a c t i v i t i e s  a n d  c o m p anies reserved for Mexican nation als or Mexican companies with a 
"foreigners exclusion clause"  
 Domestic land transportation of passengers, tourism an d freight (excluding messeng er and parcel services); 
 Retail sale of gasoline and distri bution of liquefie d petroleum gas; 
 Broadcasting and other radio and television services (other than cable television); 
 Development banking institutions within the terms laid down in law; and 
 Professional and technical services expressl y reserved by the relevant legislation. 
3. Limits on foreign holdings in economic activities and companies  
Up to 10% in share capital in:  
 Production cooperatives 
Up to 25% in share capital in:  
 Domestic air transport; 
 Air taxi services; 
 Specialized air transport. 
Up to 49% in share capital in:  
 Insurance institutions; 
 Bonding institutions; 
 Currency exchange houses; 
 General bonded warehouses; 
 Companies referred to in Article 12 bis of the Stock Market Law; 
 Pension fund management firms; 
 The manufacture or commercialization of explosives, firearms, cartridges, muniti ons and fireworks except 
for industrial and mining activities; 
 Printing and publication of newspape rs for circulation only in Mexico; 
 Series "T" shares in companies that own ag ricultural, ranching or forestry lands; 
 Fresh water, coastal, and exclusive economic zone fishing (excluding aquaculture); 
 Integrated port administration; 
 Port pilot services for ve ssels engaged in inland navigation under the terms of the relevant law; 
 Companies involved in the commercial operation of vessels engaged in inland and coastal navigation 
(excluding cruising, marine dredging  activities, and implements for port construction, conservation and 
operation); 
 Supply of fuel and lubricants for ships,  aircraft, and railway equipment; and 
 Concessionaire companies under the terms of Articles  11 and 12 of the Federal Telecommunications Law. 
Over 49% in share capital subject to approval by the CNIE  
 Port services for vessels engaged in inland navigation operations, such as towing, mooring and lighterage; 
 Shipping companies engaged in the operation of vessels solely for high-seas traffic; 
 Concessionaires or permit-holders fo r aerodromes for public service; 
 Private education services, from pr e-school to high school levels; 
 Legal services; 
 Credit information companies; 
 Securities rating institutions; 
 Insurance agents; 
 Cellular telephony services; 
 Construction of pipe lines for petroleum and petroleum products; 
 Drilling of petrol eum and gas wells; 
 Construction, operation and exploitation of railways co nsidered as a public means of transport; and supply 
of public railway services. 
Source: Foreign Investment Law (most recent amendment published in the Official Journal of 9 April 2012). WT/TPR/S/279/Rev.1 • Mexico 
 
- 43 - 
  2.53.  No changes have been made to restrictions on foreign investment in real estate since the 
last Review. Under the Constitution (Article 27), foreigners may not acquire ownership of land or water in restricted zones. The LIE authorizes foreign participation in Mexican companies that acquire or wish to use real estate in a restricted zone for residential or non-residential purposes, 
subject to certain conditions (Articles 10 and 11 of the LIE). 
2.54.  Mexico ranks as the eighth most restrictive of the 55 countries considered in the 
OECD FDI Restrictiveness Index (2012).
69 The Mexican authorities have pointed out that the index 
does not take account of neutral investment, provided for in the LIE. 
2.4.3  Incentives for foreign investment 2.4.3.1  International investment agreements 2.55.  In the aim of promoting and increasing FD I, Mexico has continued to sign agreements on 
the promotion and reciprocal protection of investment (IPPAs) and FTAs containing provisions on 
foreign investment. 
2.56.  In general, the investment chapters incorporated into FTAs establish disciplines on sectoral 
liberalization, national treatment, MFN treatment, capital movements, expropriation and dispute 
settlement mechanisms (including between the investor and the State). All of Mexico's FTAs include a chapter on investment or at least provisions on investment
70, except for the FTA 
with Israel. 
2.57.  Since the last Review, Mexico has signed two new IPPAs: one with China and one 
with Singapore. They were signed in July 2008 and November 2009 and entered into force in June 2009 and April 2011 respectively. The period under review also saw the entry into force of 
the agreements that Mexico had signed in 2007 with India (in force since February 2008) and 
Slovakia (in force since April 2009). As a result, at June 2012 Mexico had 28 IPPAs in force.
71 
2.58.  Since the last Review of its trade policy, Mexico has signed 16 new bilateral agreements to 
avoid double taxation with: Bahrain (22 February 2012); Barbados (16 January 2009); 
Colombia (13 August 2009*); Estonia (19 October 2012*); Hong Kong, China (18 June 2012*); Hungary (31 December 2011); Iceland (10 December 2008); Kuwait (27 October 2009*); 
Latvia (20 April 2012*); Lithuania (23 February 2012*); Panama (30 December 2010); 
Peru (27 April 2011*); Qatar (14 May 2012*); South Africa (22 July 2010); Ukraine (29 January 2012*); and Uruguay (28 December 2010). Nine of these agreements (identified by an asterisk*) have not yet entered into force. At October 2012 Mexico 
had 52 bilateral agreements to avoid double taxation.
72 
2.59.  Mexico became a member of the Multilateral Investment Guarantee Agency (MIGA) in 2009. 2.4.3.2  Other incentives 
2.60.  Mexico grants national treatment, including incentives, to foreign investors. The principal 
incentives available to national and foreign investors are the duty and tax-free importation of inputs and machinery used in the production of  export goods, such as the IMMEX programmes 
under which import duties are refunded to expo rters (drawback) and sectoral export promotion 
programmes (see Chapter 3). Investors are also able to draw on finance schemes run by the 
                                               
69 OECD (2012). 
70 The agreements with the European Union and EFTA contain provisions or sections on investment 
rather than a chapter on the subject. 
71 In addition to the four IPPAs previously referre d to, Mexico has IPPAs in force with: Argentina, 
Australia, Austria, Belaru s, the Belgium-Luxembourg Economic Union, Cuba, the Czech Republic, Denmark, 
Finland, France, Germany, Greece, Iceland, Italy, the Netherlands, Panama, Portugal , the Republic of Korea, 
Spain, Sweden, Switzerland, Trinidad and Tobago, the United Kingdom and Uruguay. In 2006, Mexico issued 
an addendum to the 1995 agreement with Spain; the addendum entered into force in April 2008. 
72 The remaining 36 agreements were wi th: Australia, Austria, Belgium, Brazil, Canada, Chile, China, the 
Czech Republic, Denmark, Ecuador, Finl and, France, Germany, Greece, India, Indonesia, Ireland, Israel, Italy, 
Japan, the Republic of Korea, Luxembourg, the Netherla nds, New Zealand, Norway, Poland, Portugal, Romania, 
the Russian Federation, Singapore, the Slovak Republic , Spain, Sweden, Switzerland, the United Kingdom and 
the United States. Information supplied by the authorities. WT/TPR/S/279/Rev.1 • Mexico 
 
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  National Foreign Trade Bank (Bancomext) and the Nacional Financiera (NAFIN) development 
banking institution. There are also financial incentives that vary from State to State. 
2.61.  During the period under review, Mexico did not make any notifications under the Agreement 
on Trade-Related Investment Measures (TRIMs Agreement). 
2.62.  There are no restrictions on exchange rates or capital movements. 
2.4.4  Establishment of companies 2.63.  The establishment, operation and liquidation of commercial companies are governed by the 
General Law on Commercial Companies (LGSM)
73 and the LIE. 
2.64.  Foreign companies may become established in Mexico through branches, representative 
offices, or by participating in new Mexican companies or acquiring shares in existing Mexican companies. 
2.65.  In accordance with Article 1 of the General Law on Commercial Companies, Mexico 
recognizes six types of commercial company: (a) general partnerships; (b) limited partnerships; (c) limited liability companies; (d) public limited companies; (e) partnerships limited by share 
capital; and (f) cooperatives. Any of these types of company, with the exception of cooperatives, 
may be established as an open capital comp any. The most common types of company among 
foreign investors are public limited companies. 
2.66.  The first step in setting up a new commercial company in Mexico (with or without foreign 
participation) is to obtain authorization from the SE for use of the company or trade name to ensure that it is distinguishable and to prevent duplication of company names or trade names (Article 15 of the LIE). Authorization must be granted if the company name or trade name 
is available and there are no prohibitions on or conditions for its use
74, or rejected within no more 
than two working days (instead of five days as was the case until December 201175) (Article 16A 
of the LIE). Once authorization has been granted to set up a company (or to change a company 
name or trade name), an entry must be  made on the Public Trade Register 
within 90 days (Article 17 of the regulations impl ementing the LIE and the RNIE). Additionally, the 
public attesting officer before whom the commercial company is constituted is required to issue a 
Notice of Use of Company Name or Trade Name to the SE within 180 days following the date of the 
Authorization of Use in question.76 Since September 2012, authorizations to use a company name 
or trade name, notices of use and notices of release77 can be submitted online through the portal 
www.tuempresa.gob.mx .78 
2.67.  A foreign company that intends to operate in Mexico through a branch or representative 
office must first request authorization from the SE (Articles 17 and 17A of the LIE). Companies 
constituted in accordance with the laws of Canada, Chile, Colombia, Costa Rica, El Salvador, 
Guatemala, Honduras, Japan, Nicaragua, Peru, the United States or Uruguay are not required to 
                                               
73 The General Law on Commercial Companies was published in the O fficial Journal of 4 August 1934. 
The most recent amendment to it was published on 15 December 2011. 
74 Article 13 of the regulations implementing the LIE, Article 9 of the Regulations authorizing the use of 
company names and trade names, and document entitled Criterios Lingüísticos aplicables a los trámites 
relativos a la autorización de uso de Denominaciones y Razones Sociales  (Linguistic Criteria applicable to 
procedures authorizing the use of Company Names an d Trade Names). This docu ment can be viewed at: 
http://www.tuempresa.gob.mx/documents/10180/0/OFICIO_Reglas_LING.pdf/cae078df-91ae-408f-96a5-
09ba7aaa21b7 . 
75 Decree amending, supplementing and repealing variou s provisions of the Foreign Investment Law, the 
General Law on Commercial Companies, the Law on the Or ganization of the Federal Public Administration, the 
Federal Law on Duty, the Federal Law on Administrative  Procedures and the Federal Law on the Promotion of 
Microindustry and Crafts Industries, published on 15 December 2011. 
76 Article 24 of the Regulations authorizing the use of company names and trad e names, published in 
the Official Journal of 14 September 2012. 
77 A Notice of Release states that a company name or trade name is no longer in use. 
78 Article 2 of the Regulations authorizing the use of company names and trade names, published in the 
Official Journal of 14 September 2012. WT/TPR/S/279/Rev.1 • Mexico 
 
- 45 - 
  obtain such authorization provided that they meet certain requirements.79 Once the application has 
been approved or the notice duly submitted, th e foreign company must be entered on the Public 
Trade Register (Article 251 of the LGSM).80 Where the object of the foreign company is a financial 
activity, it must comply with the provisions of the applicable financial laws in order to establish a 
representative office.81 
2.68.  Finally, foreign investment must be entered on the RNIE within 40 days calculated from the 
date of registration on the Public Trade Register or the date on which commercial transactions are 
conducted (Article 32 of the LIE and Article 37 of the regulations implementing the LIE and 
the RNIE). Representative offices do not require entry on the RNIE. 
2.69.  Foreign investors may also become established in Mexico through joint ventures (Article 252 
of the LGSM). A joint venture does not have legal personality and therefore is not subject to the 
requirements on participation or registration (Articles 253-255 of the LGSM). 
                                               
79 General Resolution laying down the criterion for the application of Article 17 of the Foreign 
Investment Law on the establishment of foreign legal persons in Mexico, published in the Official Journal 
of 8 August 2012. The resolution was issued by  the National Foreign Investment Commission. 
80 If the application complies with the requirements, the SE must grant the auth orization within 15 days 
otherwise the application will be deemed to have been approved. 
81 Where banks (or multiple banking institutions) are concerned, Article 7 of the Credit Institutions Law 
provides that "the activities conducted by representati ve offices shall comply with  the rules issued by the 
Ministry of Finance and Public Credit, to which end it shall consult the Central Bank and the National Banking 
and Securities Commission". WT/TPR/S/279/Rev.1 • Mexico 
 
- 46 - 
  3  TRADE POLICIES BY MEASURE 
3.1  Overview 3.1.  Since its previous Review in 2008, Mexico has adopted various measures to streamline 
customs procedures and formalities and lower impo rt costs. In 2008, some import requirements 
were lifted and in 2012 a single window for completing formalities electronically started to operate. 
3.2.  In 2009, Mexico initiated a unilateral tariff reduction programme extending over five years. 
As a result, in January 2012, 58.3% of tariff headings were duty free and the average tariff was 
6.2% (11.2% in 2007). This reduction programme only lowered tariffs on manufactures, with the 
average tariff on these products falling from 9.9% to 4.6% between 2007 and 2012, while the 
average tariff for agricultural products only de creased from 23% to 20.9%. Since the previous 
Review, Mexico has also streamlined its tariff structure by making a substantial reduction in the 
number of tariff levels, from 88 to 28, ranging from 3% to 254%. 
3.3.  During the period under review, Mexico continued to deepen its network of preferential 
agreements. In 2012, average tariffs ranged from 0% to 2.6% under free trade 
agreements (FTAs) and from 0.6% to 6.2% under partial scope agreements (PSAs). The unilateral 
tariff reduction process has to a certain extent narrowed the gap between MFN tariffs and preferential tariffs. Mexico has also streamlined and consolidated the procedures for obtaining 
certificates of origin. 
3.4.  Mexico applies WTO-type tariff quotas to ce rtain agricultural products as well as unilateral 
and preferential quotas. The unilateral quotas are applied to both agricultural products and manufactures. 
3.5.  As far as customs valuation is concerned, Mexico has abolished estimated prices for products 
such as glass, iron, toys and textiles but has maintained them for used motor vehicles. 
3.6.  Besides tariffs, imports are subject to: a customs processing fee (DTA); the storage fee; the 
value added tax (VAT); and a special tax on production and services (IEPS). New vehicles are 
subject to a tax (ISAN). These taxes and charges have to be paid at the time of import. The DTA remains 8 per mil of the customs value of the goods. 
3.7.  Mexico still requires a prior import permit for some goods such as petroleum products, used 
tyres and used clothing . The list of products requiring a permit has changed several times since 
the previous Review. In 2008, this requirement was also imposed on the import of diamonds in the rough, whereas it was lifted for some types of used vehicle in 2009. 
3.8.  Concerning the application of contingency measures, Mexico made limited use of 
anti-dumping measures during the period under review. 
3.9.  As far as technical regulations are concerne d, the procedures for adopting Mexican Official 
Standards (NOMs) are clearly defined. In 2008, the requirement on the sanitary registration 
needed to import medicines into Mexico was gradually lifted. Since then, foreign manufacturers have been able to obtain sanitary registration if they are in possession of a licence, certificate or 
document attesting that the company has a permit to manufacture medicines, issued by the 
competent authority in the country of origin, and there is no longer any need to set up a plant or laboratory in Mexico, as had hitherto been the case. From January 2011 onwards, the information that has to be given on labels for food and non-alcoholic beverages has been modified. 
3.10.  As regards sanitary and phytosanitary measures, the issue of certificates and consultation of 
the import requirements vary depending on the pr oduct and the measure to be certified. Since the 
previous Review, consultation of the phytosanitar y, animal health and aquaculture requirements 
has been simplified following the introduction of online consultation modules in 2010 and 2012. 
3.11.  In order to promote its exports, Mexico  has programmes providing financial support, tax 
incentives or training. Among these are the following programmes providing tax benefits: the 
import tax refund (drawback) programme for exporters and the programme for the Manufacturing, 
Maquila (in-bond assembly) and Export Services  Industry (IMMEX), revised in 2010. Over the WT/TPR/S/279/Rev.1 • Mexico 
 
- 47 - 
  period 2007-2011, companies under the IMMEX programme were responsible for 66.2% of 
Mexico's exports and 47.2% of its imports. 
3.12.  Exports are subject to the DTA, unless the goods are going to certain countries with which 
Mexico has a trade agreement. The rate is fixed an d applies to each transaction. Export taxes have 
to be paid on some products, while for others en rolment in the Register of Exporters is necessary. 
Export permits are needed for diamonds in the rough, iron ores and some petroleum products, 
whereas at the time of the previous Review, a pe rmit was only required for petroleum products. 
3.13.  Mexico has several business and sectoral support programmes. These are mainly aimed at 
micro, small and medium-sized enterprises (MSMEs) and basically consist of financial assistance, tax incentives and technical training. Of particular interest are the sectoral promotion (PROSEC) programmes, in effect since 2002. These cover 24 sectors and were revised several times during 
the review period. 
3.14.  As far as competition policy is concerned, during the period under review Mexico introduced 
reforms to boost the role of the Federal Competition Commission and its system of penalties and 
fines. Despite this progress, there are still comp etition-related problems in some sectors, for 
example, the hydrocarbons, telephony and television sectors. Mexico continues to impose ceiling prices for various products such as petrol, electricity and patented inputs and medicines. 
3.15.  During the period under review, Mexico revised its Industrial Property Law as regards the 
procedure for obtaining a patent. Provisions were also added on applications for registration and licensing of trademarks and their renewal. In 2011,  the implementing regulations for the Industrial 
Property Law were also amended in respect of  the requirements for registering trademarks. 
3.2  Measures directly affecting imports 
3.2.1  Customs regimes 3.16.  Mexico's customs regime is mainly governed by the 1995 Customs Law
1 and its 
implementing regulations2, together with the General Foreign Trade Rules, published each year by 
the Ministry of Finance and Public Credit (SHCP), and the General Rules and Criteria for Foreign Trade, issued by the Ministry of the Economy (SE).
3 
3.17.  The General Customs Administration (AGA) is responsible for monitoring compliance with 
customs and foreign trade legislation and, in partic ular, for controlling the entry and exit of goods 
to or from Mexican territory, as well as for collecting tariffs and other trade-related duties. The AGA is an administrative unit of the Tax Administration Service (SAT)
4, which in turn is a 
decentralized body of the SHCP.5 
3.18.  The Customs Law establishes six types of customs regime applicable to both imports 
and exports (Table 3.1). 
                                               
1 Published in the Official Journal of 15 December 1995 and entered into force on 1 April 1996; 
the latest amendment was published on 9 April 2012. 
2 Published in the Official Journal of 6 June 1996; the latest amendment was published 
on 28 October 2003. The latest reform regarding qu antities was published in the Official Journal 
of 27 December 2011. 
3 The General Foreign Trade Rules for 2012 were publ ished in the Official Journal of 29 August 2012; 
the latest amendment was published on 10 September 2012. The General Rules and Criteria for Foreign Trade were published in the Official Journal of 6 July 2007 and the latest amendment was published on 3 September 2012. 
4 Article 2 of the SAT's Rules of Procedure, published in the Official Journal of 22 October 2007; 
the latest amendment was published on 13 July 2012. 
5 Article 1 of the Law on the SAT, published in the Official Journal of 15 December 1995; the latest 
amendment was published on 9 April 2012. WT/TPR/S/279/Rev.1 • Mexico 
 
- 48 - 
  Table 3.1 Customs regimes, 2012 
Regime Description 
Definitive  Import: Entry of foreign g oods to remain in Mexico for an unlimited time. 
 Export: Exit of Mexican goods or inward-cleared goods to remain abroad for an 
unlimited time. 
Temporary  Import: Entry of foreign goods to remain in  Mexico for a limited time and subsequent 
return abroad in the same state or after having undergone proces sing, transformation 
or repair under a maquila or export programme. 
 Export: Exit of Mexican goods to remain abroad for a limited time and subsequent 
return to Mexico in the same state or to un dergo processing, transformation or repair.  
In-bond storage  The storage of goods of Mexican or foreign origin in any authorized General Deposit 
Warehouse (AGD). This regime allows the sele ction of the definitive  import or export 
regime to be deferred, return abroad or te mporary import for the maquila industry or 
firms with export programmes authorized by the SE. Private persons may keep their 
goods in the warehouse for as long as cons idered necessary provided that they pay 
the storage fee. The goods may be removed in toto or in part for import or export 
subject to payment of the tariffs and other duties applicable. Some products are not 
eligible for this regime, for example, arms , ammunition, explosives, precious jewels 
and stones. 
Goods in transit  May be domestic or international goods. 
Processing, 
transformation or repair in an in-bond facility   Introduction of foreign or Mexican goods into such facilities for the purpose of 
processing, transformation or  repair for subsequent defi nitive or temporary export. 
Foreign goods under this regime are subject to payment of the general import tax if 
they enter under a deferral or drawback programme and of the compensatory duties ("cuotas compensatorias ") applicable to this regime. The goods may only be 
withdrawn from the regime in order to be returned abroad or exported. 
Strategic in-bond 
facility  The introduction of foreign, domestic or inwa rd cleared goods into these facilities for a 
limited time for the purpose of handling, storage, safekeeping, exhibition, sale, 
distribution, processing, transformation or  repair. Goods under this regime are not 
subject to foreign trade taxes or compensatory duties (" cuotas compensatorias "), 
except in certain cases, or to compliance with non-tariff regulati ons or restrictions, 
except for those concerning animal or plan t health, public health, the environment or 
national security. 
Source: Title IV of the Customs Law (Articles 90-135D). 
3.2.2  Registration, customs documents and procedures 
3.19.  Since the previous Review, Mexico has implemented several measures to streamline 
customs procedures, thus making companies more competitive and facilitating their participation 
in international markets. The changes were mainly made from 2008 onwards when the Decree granting administrative facilities for customs and foreign trade purposes was adopted.
6 This Decree 
abolished a number of import requirements (Box 3.1) and streamlined procedures for obtaining a 
certificate of origin (see Chapter 3.3.1). It also provided for the creation of a digital window for 
electronic formalities, which was one of the trade facilitation initiatives in the 2007-2012 Customs Modernization Plan.
7 The authorities have indicated that, during this period, streamlined 
administrative procedures were introduced for correcting customs documents and reinforcing 
customs security by using non-intrusive inspection technology, inter alia.  
                                               
6 This Decree was published in the Official Journal of 31 March 2008 and came into force 
on 14 April 2008. 
7 The purpose of this plan is to facilitate trade flows, make customs personnel more professional, 
utilize appropriate systems and tec hnology, and speed up customs cleara nce of goods entering or leaving 
Mexican territory. WT/TPR/S/279/Rev.1 • Mexico 
 
- 49 - 
  Box 3.1 Changes in customs requirements for imports 
The Decree granting administrative facilities for customs and foreign trade purposes (2008) 
eliminated:  
(a) enrolment in the Register of Importers in Specific Sectors, except for goods involving a potential 
risk to public health or national security. Prior to the reform, enrolment in the Register of Importers in 
Specific Sectors applied to 34 types of product. Thes e included foodstuffs, beve rages, textiles, footwear, 
electronic goods, chemicals, iron and steel. Since the reform, registration has only  applied to eight types of 
product, namely: (i) chemicals; (ii) radioactive and nuc lear products; (iii) chemical precursors and essential 
chemicals; (iv) firearms and parts thereof, spare pa rts, accessories and ammunition; (v) explosives and 
explosive-related material; (vi) chemic als, material for pyrotechnical use or for fireworks involving explosives; 
(vii) other arms and accessories, cold steel weapons and accessories; and (vii) weapons-related machinery, 
appliances, devices and artefacts and others (Annex  10 to the General Foreign Trade Rules for 2012).  
(b) security, except for used vehicles. Security is required wh en, in the case of definitive import, the value 
declared by the importer and the value estimated by the SAT differ. The security requirement was also 
eliminated for goods in internal or international transit. The security has to cover any payments or 
compensatory duties (anti-dump ing or countervailing duties (" cuotas compensatorias ") in respect of the 
difference between the declared value and the estimated value (Article 86A of the Customs Law). 
(c) the requirement to attach the following documents to the import declaration:  
 Document providing information to permit the identification, examination and control of the goods, 
except in the case of goods involving a potential ri sk to public health or national security. This 
requirement applied to a specific list  of agricultural and industrial pr oducts that included meat, sugar, 
potatoes, apples, cocoa, beer, wines and liqueurs, bicycles, automobiles, textiles, cotton and metals, 
among others (Annex 18 to the General Foreign Trade Rules for 2011 containing the list of products 
was repealed on 18 April 2008). 
 Documents proving the origin of good s subject to compensatory duties (" cuotas compensatorias ").  
Source: Decree granting administration facilities for customs and foreign trade purposes, published in the 
Official Journal of 31 March 2008. 
3.20.  In general, pursuant to Article 36 of the Customs Law, the following were the import 
requirements in September 2012: 
 Enrolment in the Register of Importers kept by the SAT and in the Federal 
Register of Taxpayers. Importers of goods that present a potential risk to public 
health or national security must also be listed in the Register of Importers in Specific 
Sectors (Table 3.1). 
 Employment of the services of a customs broker or appointment of an in-house 
customs agent .8 All import formalities must be conducted through a customs broker or 
an in-house customs agent.9 A customs broker or in-house customs agent is not 
required by international passengers importing goods worth US$3,000 or less (excluding duty-free goods)
10, or for certain temporary imports and in other specific cases.11 
 Import declaration and other documents. Persons wishing to import goods must 
submit an import request or declaration, through a customs broker or in-house customs agent, in the form approved by the SHCP and accompanied by the following documents: 
(a) the commercial invoice if the value of the goods exceeds US$300; (b) the bill 
of lading or air waybill; (c) documentation proving compliance with any applicable non-tariff regulations and restrictions, where applicable; (d) documents proving the 
source and origin of goods subject to tariff preferences, quotas, indi cation of the country 
of origin (labels) or other specified measures; (e) a certificate showing the weight or volume issued by SAT-authorized certifying companies for goods in bulk imported by sea. For goods that present a potential risk to public health or national security, 
information to permit the identification, examination and control of the imported goods 
must also be attached. With the adoption of the Decree granting administrative facilities 
                                               
8 The requirements for obtaining a cu stoms broker's licence or an auth orization to act as an in-house 
customs agent are set out in Articles 159 and 168 of the Customs Law, respectively. 
9 Article 40 of the Customs Law. 
10 If the passenger is carrying computer equipment, the value of the goods and the computer equipment 
together must not exceed US$4,000. 
11 Articles 106-107 of the Customs Law; and Rules 3.2.2, 3.2.5 and 3.7.1 of the General Foreign Trade 
Rules for 2012. WT/TPR/S/279/Rev.1 • Mexico 
 
- 50 - 
  for customs and foreign trade purposes in 2008, the following no longer need to be 
attached to the import declaration: (a) docu ments proving the origin of goods subject to 
compensatory duties (anti-dumping or countervailing duties (" cuotas 
compensatorias "))12; (b) information to permit the identification, examination and 
control of the imported goods for different ty pes of agricultural or industrial products, 
including the brand, model, serial number and technical or commercial specifications; and (c) document proving that security ha s been deposited in the customs security 
account when it is considered that the goods have been undervalued.
13 
 Payment of the relevant charges. T a r i f f s  h a v e  t o  b e  p a i d  p u r s u a n t  t o  t h e  L a w  o n  
General Import and Export Taxes (LIGIE)14, as well as the other charges due (see 
Chapter 3.2.7), together with compensatory duties (" cuotas compensatorias "), where 
applicable. 
3.21.  After the relevant taxes and charges have  been paid, the customs broker or in-house 
customs agent presents the goods to the customs au thority, together with the import declaration 
and the other documents required, and initiates the computerized selection mechanism.15 If the 
mechanism indicates that customs inspection is  required, the customs authority examines the 
documents and undertakes a physical inspection of the goods. After the inspection, the selection 
mechanism is activated for a second time in or der to determine whether the goods need to be 
inspected again. If no irregularities that might gi ve rise to a preventive embargo on the goods are 
detected in the course of the first or second customs inspection, the goods are handed over immediately. Irrespective of the outcome of the computerized selection mechanism, the customs 
authority reserves the right to order verification of  the goods or to exercise any of its verification 
powers.
16 
3.22.  According to data provided by the auth orities, during the period from 1 January 2011 
to 30 September 2012, 9% of import transactions were subject to customs inspection. Of this 
percentage, 0.2% led to a preventive embargo of the goods. The authorities have indicated that 
the estimated average time required for customs clearance is approximately 2 hours for goods 
subject to customs inspection and 8 minutes for those with free customs clearance. 
3.23.  In order to speed up customs procedures, since 2002 Mexico has had a "certified 
enterprises" programme under which authorized ex porters or importers are given administrative 
facilities for the customs clearance of their goods.17 The facilities include correction of the data 
contained in customs documents, lower fines and access to exclusive channels for imports. 
There are currently five categories of certified enterprise and the benefits applicable vary depending on the category (Box 3.2). In December 2011
18, the certified enterprises scheme was 
reorganized to incorporate a new category, the "N ew Certified Enterprises Scheme" (NEEC), which 
focuses on compliance with safety standards relating to logistics and supply chains. 
                                               
12 Article 3(iii) of the Foreign Trade La w (LCE) defines compensatory duties (" cuotas compensatorias ") 
as those imposed on imported goods when there is pric e discrimination or subsidization in their country of 
origin. In other words, they are compensatory measures  applied as a result of an investigation into unfair 
international trade practices (Article 5). 
13 The authorities have indicated that, currently, in th e majority of cases, the documents to be attached 
to the declaration are forwarded electronically through the single window. 
14 LIGIE, published in the Official Journal of 18 June 2007; the latest amendment was published 
on 13 September 2012. 
15 The mechanism makes a random selection of the customs declarations to be inspected. This is based 
on an intelligent risk analysis system that takes into account information on the type  of importer or exporter, 
the product, its value, the country of origin, and the sanitary and phytosanitary risks, national security, 
smuggling and fraud. 
16 Articles 43 and 44 of the Customs Law. The authorities have pointed out that, since December 2010, 
the computerized selection mechanism is only activated once for goods intended for export, those imported or 
exported by passengers and for the clearance of g oods by authorized companies in accordance with 
agreements signed by Mexico, as well as in the customs posts indicated, (Article 43 of the Customs Law and Rule 3.1.17 of the General Foreign Trade Rules for 2012). 
17 Articles 100-A and 100-B of the Customs Law. 
18 The Fourth Amendment to the General Foreign Trade Rules 2011, published in the Official Journal 
of 15 December 2011. WT/TPR/S/279/Rev.1 • Mexico 
 
- 51 - 
  Companies which can prove a certain level of  fiscal, customs and safety compliance, 
including those in category (e), are eligible for this scheme (as indicated in box 3.2).19 
Box 3.2 Categories of certified enterprise 
The programme applies to the following types of enterprise: 
(a) enterprises which imported a minimum of Mex$300 million during the six months preceding enrolment 
in the register of certified enterprises; 
(b) beneficiary enterprises under the IMMEX Programm e, except marketing fi rms, which imported a 
customs value of Mex$200 million or more during the six months preceding enrolment in the register of 
certified enterprises; 
(c) enterprises under the IMMEX Programme that do not me et the conditions in subparagraph (b), provided 
that they prove compliance with their cu stoms obligations and other requirements; 
(d) courier and express parcels enterprises; and 
(e) enterprises with foreign trade operations and approved by the Ce ntral Administration of International 
Affairs (ACAI). These include holding companies, firm s under the IMMEX Programme in the aviation sector, 
as well as those that have a SECIIT  (Electronic System for the Control of  Inventories of Temporary Imports) 
and operate under Annex 24, Part II of the General Foreign Trade Rules for 2012. 
Source: Article 100-A of the Customs Law and Rule 3.8.1 of the General Foreign Trade Rules for 2012. 
3.24.  In January 2011, the Decree establishing Mexico's digital window for foreign trade was 
adopted ( https://www.ventanillaunica.gob.mx ).20 Pursuant to this Decree, the single window or 
VUCEM came into service on 1 June 2012. It combines a number of the procedures established by 
various Ministries and required in order to conduct foreign trade transactions, including non-tariff 
measures and administrative charges. A valid and active advanced electronic signature (FIEL)21 
issued by the SAT is required in order to carry out these procedures and replaces the applicant's handwritten signature in order to guarantee the security of the procedure. For imports, the 
procedures that can be conducted through the VUCEM are: applications for import permits and 
enrolment of companies in the IMME X programme or a PROSEC programme, inter alia . According 
to the authorities, the implementation of proced ures through the VUCEM should be completed by 
February 2013. 
3.25.  The authorities have indicated that, during the period under review, Mexico strengthened 
security at the customs, one of its priority area s. This was achieved by adopting measures that 
include advance electronic transmission of data and the use of non-intrusive technology that have 
enabled the Mexican customs to focus efforts on detecting goods that pose a risk to public health 
or national security. 
3.2.3  Customs valuation 
3.26.  Mexico has applied the WTO Customs Valuation Agreement since 1995
22, but maintains 
two reservations under paragraphs 3 and 4 of Annex III.23 
3.27.  Customs valuation procedures have not changed since the previous Review. Pursuant to the 
WTO Agreement and the Customs Law, the customs value of goods, which serves as the taxable 
                                               
19 Rule 3.8.1 (L) of the General Foreign Trade Rules for 2012. 
20 The Decree was published in the Official Journal of 14 January 2011. 
21 The certificate attests to the validity of the FIEL, wh ich is used to identify the sender of a message as 
its legitimate author and is equivalent to a handwritte n signature. In order to use it when sending messages, 
two keys are needed: the "private ke y", which is only known to the owner of the FIEL, and the "public key", 
available on the Internet for consultati on by all users of digital services. 
22 Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 in 
the Decree enacting the Final Act of the Uruguay Round of Multilateral Trade Nego tiations, published in the 
Official Journal of 30 December 1994. 
23 WTO document G/VAL/67 of 12 Dece mber 2011. Pursuant to paragraph 3 of Annex III, Mexico, as a 
developing country, reserves the right to reject a request by importers (all owed by Article 4 of the Agreement) 
to reverse the order of application of the deductive va lue method and the computed value method. Pursuant to 
paragraph 4 of Annex III, Mexico reserves the right to determine the value of the goods on the basis of the 
unit price of sale (deductive method), including the valu e added if the imported goods have been transformed, 
whether or not the importer requests this. WT/TPR/S/279/Rev.1 • Mexico 
 
- 52 - 
  base, is the transaction value. This is defined as the price paid or payable by the importer and may 
include transport, insurance and freight costs pa yable by the importer unless these are broken 
down and indicated separately.24 
3.28.  When the customs value cannot be determ ined on the basis of the transaction value, 
the alternative methods of valuation according to the WTO Agreement are used.25 
3.29.  According to the Mexican authorities, in around 78.6% of import transactions the customs 
value is determined using the transaction value. 
3.30.  Where there are mistakes or irregularities  in the information provided by the importer, 
the customs authority may reject the declared value and determine the customs value of the imported goods in accordance with the WTO Agreement. Importers may also consult the customs authorities with regard to determination of the customs value of the goods before 
importing them.
26 
3.31.  Mexico has had an estimated price mechanism designed to counteract undervaluation 
since 1994.27 During the period under review, this mechanism underwent several amendments. 
In 2008, estimated prices were abolished for all products (a total of 332 tariff headings), with the 
exception of used vehicles.28 In 2010, the number of tariff headings in this category increased 
from three29 to nine (Table 3.2). These nine tariff headings specifically relate to 648 models 
of used vehicle (compared to 349 in 2007), as well as to vehicles falling under the category 
of "other models and makes". If a value lower than the estimated price is declared when these goods are imported, security has to be deposited in a customs account to cover the difference in payments and compensatory duties (" cuotas compensatorias ") between the declared price and the 
estimated value.
30 This security is one of the requirements to be able to import products appearing 
on this list. Since July 2010 (the latest amendment), persons definitively importing used vehicles into the border zone
31 have no longer been obliged to deposit security subject to certain 
conditions, and provided that the supplier abroad forwards information on the vehicle 
electronically, together with its selling price, and endorses in advance the data contained in the corresponding import declaration.
32 
                                               
24 Customs Law, Articles 64, 65 and 66. 
25 Idem, Articles 71 and 78. 
26 Idem, Articles 78-A and 78-B. 
27 Resolution establishing the mechanism to guarantee the payment of taxes on goods subject to prices 
estimated by the SHCP, published in the Official Journal of 28 February 1994. The latest amendment was published in the Official Journal of 20 July 2010. 
28 The products for which estimated prices were abolishe d included glass, iron and steel, tools, toys and 
games, textiles, footwear and chemicals. Resolution amending the miscellaneous provision establishing the mechanism to guarantee the payment of taxes on goods su bject to prices estimated by the SHCP, published in 
the Official Journal of 21 April 2008. 
29 These three headings concern motor cars and ot her motor vehicles principally designed for the 
transport of persons (other than those of heading 8702), including station wagons and racing cars, as well as 
other vehicles with spark-ignition inte rnal combustion reciprocating piston engines of various cylinder capacity. 
30 Article 86-A of the Customs Law. 
31 These vehicles must rema in in the northern border zone, in the states of Baja California or 
Baja California Sur, in the partial regi on of the state of Sonora or in the m unicipalities of Cananea or Caborca in 
the state of Sonora. 
32 Resolution establishing the mechanism to guarantee the payment of taxes on goods subject to prices 
estimated by the SHCP, published in the Official Journal of 20 July 2010. WT/TPR/S/279/Rev.1 • Mexico 
 
- 53 - 
  Table 3.2 List of used automotive products subject to estimated prices 
Tariff heading Description of the tariff heading  No. of vehicle 
models covered 
8701.20.02 Road tractors for semi-trailers  56 
8703.22.02 Motor cars and other motor vehicles principally designed fo r the transport of 
persons (other than those of heading 8702), including station wagons and 
racing cars. Other vehicles, with spark-ignition internal combustion 
reciprocating piston engine: of a cylinder capacity exceeding 1,000 cc but not 
exceeding 1,500 cc. 14 
8703.23.02 Motor cars and other motor vehicles principally designed for the transport of 
persons (other than those of heading 8702), including station wagons and racing cars. Other vehicles, with spark-ignition internal combustion reciprocating piston engine: of a cylinder capacity exceeding 1,500 cc but not exceeding 3,000 cc. 207 
8703.24.02 Motor cars and other motor vehicles principally designed for the transport of 
persons (other than those of heading 8702), including station wagons and 
racing cars. Other vehicles, with spark-ignition internal combustion 
reciprocating piston engine: of a cylinder capacity exceeding 3,000 cc. 266 
8704.21.04 Motor vehicles for the transport of goods. Other, with compression-ignition 
internal combustion piston engine (diesel or semi-diesel), with g.v.w. not 
exceeding 5 tonnes. 6 
8704.22.07 Motor vehicles for the transport of goods.  33 
8704.23.02 Motor vehicles for the transport of goods. Other, with compression-ignition 
internal combustion piston engine (diesel or semi-diesel), with g.v.w. exceeding 
20 tonnes. 1 
8704.31.05 Motor vehicles for the transport of goods. Other, with spark-ignition internal 
combustion piston engine, with g.v.w. not exceeding 5 tonnes. 59 
8704.32.07 Motor vehicles for the transport of g oods. Other, with spark-ignition internal 
combustion piston engine, with g.v.w. exceeding 5 tonnes. 6 
Source: Annex 2 to the Resolution amending the misc ellaneous provision establ ishing the mechanism to 
guarantee the payment of taxes on goods subject to  prices estimated by th e SHCP, published in the 
Official Journal of 28 February 1994; the latest amendment was published on 20 July 2010. 
3.2.4  Rules of origin 
3.32.  Mexico applies preferential and non-preferential rules of origin.  
3.33.  The Foreign Trade Law (LCE) (Article 5) provides that the SE shall be responsible for 
determining rules of origin, basing itself on the following criteria: (a) a change in tariff 
classification; (b) national or regional content; and (c) use of a specific production process.33 If 
these criteria cannot be applied, the SE may use additional criteria, which must be spelled out in the corresponding rule of origin.  
3.34.  Non-preferential rules of origin are cont ained in the 1994 Decision on rules for determining 
the country of origin of imported goods for non-preferential purposes.
34 The purpose of these rules 
is to identify the origin of products and determ ine whether or not they are subject to payment of 
compensatory duties (anti-dumping or countervailing duties (" cuotas compensatorias ") in order to 
prevent circumvention of duty. Under this Decision, a good is deemed to originate in a country if: 
(a) it has been wholly obtained or produced in  that country; (b) it has been produced using 
exclusively materials originating in that country; or (c) if each of non-originating materials 
incorporated into the good produce a change in tari ff classification and meet the requirements laid 
down in the specific rules of origin, unless they constitute an assembly, assortment or mixture; or a good composed of the combination of different goods, inter alia .
35 
3.35.  Since 2008, importers of products subject to compensatory duties (" cuotas 
compensatorias ") no longer need to submit a certificate of origin at the time of import. 
                                               
33 Article 10 of the LCE. 
34 Decision establishing rules for determining the coun try of origin of imported goods and provisions for 
their certification for non-preferential purposes, published in the Official Journal of 30 August 1994. Its latest amendment was published in the Official Journal of 16 October 2008. The title of the Decision changed as of 
that date and ceased to be called the Decision establ ishing rules for determining the country of origin of 
imported goods and provisions for their certific ation, in relation to compensatory duties (" cuotas 
compensatorias "). 
35 Article 3 in Annex I to the Decision establishing ru les for determining the country of origin of imported 
goods and provisions for their certific ation for non-preferential purposes. WT/TPR/S/279/Rev.1 • Mexico 
 
- 54 - 
  Mexico abolished this requirement by means of the 2008 Decree on administrative facilities for 
customs purposes (see Chapter 3.2.2).36 
3.36.  Preferential rules of origin are defined in the trade treaties and agreements signed by 
Mexico and determine the conditions under which a product is deemed to originate in a country 
and is therefore eligible for preferential tariff tr eatment. The criteria followed when drawing up 
preferential rules of origin are similar to those for non-preferential rules. In general, the provisions 
in the trade treaties and agreements signed by Mexico indicate that a good qualifies as originating 
if: (a) it has been wholly obtained or produced in the territory of the Parties; (b) it has been wholly 
produced in the territory of the Parties using exclusively originating materials; (c) the goods produced wholly in the territory of the Parties use non-originating materials but comply with specific rules of origin (degree of transformation). There are also additional provisions in some 
treaties and agreements for automotive goods, textiles and clothing.  
3.37.  All the FTAs signed by Mexico also include a de minimis provision under which goods can be 
considered as originating if the total value of the non-originating inputs that do not comply with 
the change of tariff classification criterion do no t exceed a specified percentage of the product's 
value. All FTAs also include a bilateral cumulation clause. In the most recent agreements, for example, those with Peru and Central America, th ere is also an "extended cumulation of origin" 
provision which enables producers to include materials from non-Parties with which the Parties 
have a trade agreement without losing their originating status, provided that these agreements contain an equivalent clause. There has also been a cumulation mechanism for the textiles and clothing sector between Mexico and the DR-CAFTA countries (except for the Dominican Republic) 
since 2008 under three Protocols, which add provisions  on textile cumulation to Mexico's FTAs with 
Costa Rica, Nicaragua, and Guatemala, Honduras and El Salvador. The Protocol which includes these provisions for the FTAs with Costa Rica and Nicaragua was signed on 12 April 2007, while for 
the FTA with Guatemala, Honduras and El Salvador, the corresponding Protocol was signed 
on 16 April 2007. These provisions have been in force since 15 August 2008, with the exception of Costa Rica, for which the Protocol came into effect on 1 January 2009.  
3.38.  As the number of rules of origin schemes has risen along with the increase in the number 
of treaties and agreements signed by Mexico, so has, potentially, the problem for the customs of administering them. To streamline this administration, Mexico has tried to consolidate procedures for obtaining certificates of origin (see Chapter 3.3), issuing them electronically and 
promoting the convergence of its agreements and rules of origin. For example, the trade 
agreement with Central America, signed in 2011, w ill replace three agreements with countries in 
the region and will standardize 98.2% of the rules of origin (see Chapter 2). 
3.39.  In order to claim preferential treatment under  a trade agreement, it has to be proved that a 
product complies with the corresponding rules of origin and, for this purpose, a certificate of origin has to be submitted together with the import declaration. 
3.2.5  Tariffs 
3.40.  The tariffs applied by Mexico are contained in the 2007 LIGIE and are based on the 
Harmonized Commodity Description and Coding System (HS). In January 2012, Mexico's tariff schedule (HS 2007) contained 12,107 eight-digit headings.
37 
3.41.  The LIGIE came into force on 1 July 2007 and has been amended 17 times. The latest 
amendment was published in the Official Jour nal of 13 September 2012. One of the main 
amendments was the Decree amending the tariff schedule in the LIGIE, which was published in the 
Official Journal of 24 December 2008. This Decree introduced a unilateral tariff reduction 
programme extending over five years, which began on 2 January 2009 and should be completed in 2013. The programme provides for the elimination and/or reduction of import tariffs for a 
specific number of headings each year. The most important change took place in 2010, when 
tariffs on 3,852 headings were eliminated (Chart 3.1), so that on 1 January 2012, 7,064 of the 
                                               
36 Decree granting administrative facilities for cu stoms and foreign trade purposes, published in the 
Official Journal of 31 March 2008. 
37 This figure corresponds to the tariff headings in Chapters 1 to 97 of the HS and does not therefore 
include 42 tariff headings in Chapter 98. Me xico uses these for special transactions. WT/TPR/S/279/Rev.1 • Mexico 
 
- 55 - 
  headings (58.3% of the total) were duty free.38 The last stage in the reduction process should be 
completed on 1 January 2013, when 165 headings concerning clothing and footwear should become duty free.
39 Following these reductions, the simple average of applied MFN rates fell 
from 11.2% in 2007 to 6.2% in 2012 (Table 3.3).  
Table 3.3 Summary of MFN tariffs, 2012 
Description of product MFN 2007  2012  Bound tariff 
rangea (%) No. of 
headings Average 
(%) No. of 
headings Average 
(%) Range (%)  Coefficient 
of variation 
(CV) 
Total 11,948 11.2  12,107  6.2 0-254  2.4 0-254  
HS 01-24 1,198 24.1 1,211  22.7 0-254  1.7 0-254  
HS 25-97 10,750 9.7  10,896  4.4 0-50 1.6 0-156  
By WTO category         
Agricultural products 1,195 23.0  1,198  20.9 0-254  1.9 0-254  
Animals and animal 
products 152 47.7 150 48.2 0-254  1.6 9-254  
Dairy products 37 43.3  37 39.2 0-125  1.0 18-156  
Fruit, vegetables and 
garden produce 346 16.5 348 16.3 0-245  1.1 5-245  
Coffee and tea 31 44.2  31 42.5 0-140.4  1.0 25-156  
Cereals and cereal 
preparations 130 25.8 131 19.7 0-158  1.3 9-194  
Oilseeds, fats and oils and 
their products 116 15.2  115 12.2 0-254  2.7 0-254  
Sugar and confectionery 28 70.4 28 63.3 3.3-210  1.2 45-210.4  
Beverages, alcohol and 
tobacco  88 25.8  89 24.8 10-67  0.5 36-67.5  
Cotton 8 6.1 8 0.0 0-0 n.a. 37-45  
Other ag ricultural 
products n.e.s. 259 7.9  261 5.2 0-36 1.4 0-45  
Non-agricultural 
products (including 
petroleum) 10,753 9.9 10,909  4.6 0-50  1.5 0-156  
Fish and fish products 141 16.8  152 16.8 0-20 0.4 30-45  
Mineral products and 
metals 1,793 9.4 1,829  2.9 0-15 1.9 0-50 
Chemicals and 
photographic products  3,064 6.3  3,091  1.9 0-30.2  2.0 0-156  
Wood, wood pulp, paper 
and furniture  472 10.4 534 4.7 0-15 1.2 0-50 
Textiles 919 11.6  929 9.2 0-30 0.6 10-50  
Clothing 355 35.0 355 21.6 20-30  0.1 35-50  
Leather, rubber, footwear 
and travel articles 351 15.0  353 6.8 0-30 1.4 20-50  
Non-electrical machinery 1,458 7.9 1,481  3.3 0-20 1.8 20-50  
Electrical machinery 967 8.5  965 2.9 0-20 1.9 10-50  
Transport equipment 366 14.7 385 8.1 0-50 1.4 10-50  
Non-agricultural products 
n.e.s. 846 10.7  814 5.5 0-20 1.2 10-50  
Petroleum 21 5.3 21 0.2 0-5 4.5 35-50  
By ISIC sectorb        
Agriculture and fishing 521 13.9 530 11.6 0-245  1.4 0-245  
Mining  125 6.1  126 0.5 0-15 4.7 0-50  
Manufacturing 11,301 11.1 11,450  6.0 0-254  2.5 0-254  
By stage of processing         
First stage of processing 988 11.9 1,006  9.1 0-245  1.7 0-245  
Semi-processed products 4,198 7.4  4,287  3.0 0-210  2.9 0-210.4  
Fully processed products 6,762 13.4 6,814  7.8 0-254  2.2 0-254  
n.a. Not applicable. 
a  The bindings are shown in the HS 2002 classification and the rates applied in HS 2007, consequently 
there may be differences in the number of headings included in the summary. 
b  ISIC (Rev.2), excluding electricity (one line). 
Note: The average takes into account the ad valorem equivalents (AVEs) for headings subject to 
non-ad valorem rates. The AVEs were estimated on the ba sis of the unit values of total imports 
in 2011, provided by the Mexican authorities. 
Source: WTO Secretariat estimates, based on data (HS 2007) provided by the authorities. 
                                               
38 The majority of the headings for which ta riffs were abolished had a tariff of 5%. 
39 These products correspond to Chapters 61 to 64 in the HS. WT/TPR/S/279/Rev.1 • Mexico 
 
- 56 - 
  3.42.  It should be emphasized that the unilateral tariff reduction programme was implemented 
according to the timetable despite the international context marked by a severe financial crisis.  
3.43.  Mexico still applies tariff quotas to 145 headings (see Chapter 3.2.6). Chart 3.1 Trend in the number of duty-free tariff headings on an MFN basis, 2007-2012 
2222 230927126564 679470649726 976993905543 53135043
01,0002,0003,0004,0005,0006,0007,0008,0009,00010,00011,00012,000
2007 (HS02) 2008 (HS07) 2009 (HS07) 2010 (HS07) 2011 (HS07) 2012 (HS07)MFN=0 MFN>0No. of tariff headings
 
Source: WTO Secretariat. 
3.2.5.1  Tariff structure 
3.44.  All the tariff headings applied by Mexico are still ad valorem , with the exception of 
80 headings (or 0.7% of the total) (Chart 3.2). Of these headings, 14 have specific tariffs, 44 have 
compound tariffs and 22 relate to headings whose import is banned. For all these headings, the only change was the liberalization of one of the compound tariff headings.
40 
3.45.  The aforementioned unilateral reduction programme brought about substantial changes in 
the level and distribution of ad valorem tariffs. The programme eliminated and lowered tariffs on a 
large number of manufactures. As a result, between 2007 and 201241, the percentage of duty-free 
headings rose from 18.65% to 58.3%, and the perc entage of headings with a tariff between 0 to 
15% fell from 60.7% to 32.1%. The percentage of  headings with a tariff exceeding 15% also 
decreased over this period, from 20% to 9.4% (Chart 3.2).  
                                               
40 This is heading 2918.14.01, corresponding to citric acid, liberalized in 2009 (in other words a 
zero ad valorem tariff was imposed). 
41 The majority of the headings for which ta riffs were abolished had a tariff of 5%. WT/TPR/S/279/Rev.1 • Mexico 
 
- 57 - 
  Chart 3.2 Structure of MFN tariffs in 2007 and 2012 
01,0002,0003,0004,0005,0006,0007,0008,0009,00010,00011,00012,000
2007 Jan-12
(HS07) (HS07)No. of tariff headings
15 <MFN 
(International tariff "peaks")
0<MFN ≤15
MFN=0Non- ad valorem
 
Source: WTO Secretariat. 
3.46.  In January 2012, the 4,963 headings with an ad valorem  tariff higher than zero were 
subject to 28 different rates (compared to 88 at the time of the previous Review), which ranged 
from 3% to 254%.42 The tariffs most frequently occurring were: 15% (1,386 headings), 
10% (1,354 headings), 5% (974 headings) and 20% (820 headings). Accordingly, 38.9% of all 
headings were subject to an above-zero rate, but of 20% or less, and only 2.6% had a tariff higher 
than 20% (Chart 3.3). The headings with the highest rates corresponded to agricultural products, including: pig fat, animal and plant fats and oils (254%); potatoes (245%); poultry meat and 
edible offal (234%); and fructose and fructose syrup (210%). 
3.47.  Irrespective of the sector (industry or agriculture), Table 3.3 shows that the average tariff 
fell for all categories of product, except as regards animals and products of animal origin. The average tariff on agricultural products fell from  23% in 2007 to 20.9% in 2012. The products with 
the largest average tariff reductions (in percentage points) were: sugar and confectionery; cereals 
and cereal preparations; cotton; and dairy produce. For industrial (or non-agricultural) products, the average tariff fell to less than half, from 9.9% to 4.6%. The industrial products with the largest 
tariff reductions were: clothing; leather, rubber, f ootwear and travel articles; transport equipment; 
and mineral and metal products. 
                                               
42 The rates were: 3%; 5%; 7%; 9%; 10%; 15% ; 20%; 25%; 30%; 36%; 45%; 50%; 63%; 67%; 
72%; 109%; 115.2%; 120%; 123%; 125%; 125.1%; 140.4%; 156% ; 158%; 210%; 234%; 245% 
and 254%. WT/TPR/S/279/Rev.1 • Mexico 
 
- 58 - 
  Chart 3.3 Breakdown of MFN rates, 2012 
(58.3%)
(8.1%)(12.5%)(11.5%)
(6.8%)
(1.3%)(0.3%)(1.0%)(0.2%)
05001,0001,5002,0002,5003,0003,5004,0004,5005,0005,5006,0006,5007,0007,500
Duty free >0-5 >5-10 >10-15 >15-20 >20-25 >25-30 >30 BannedNumber of headingsa
Number of headings (% of total)
 
a The total number of headings is 12,107. 
Note: In the case of headings subject to quotas, only the out-of-quota tariffs applied are included. Of the 
145 headings subject to a quota, 130 have an out-of-quota tariff, which is ad valorem . For headings 
with non- ad valorem  tariffs, the AVEs have been calculated. 
Source: WTO Secretariat calculations, based on data (HS07) provided by the authorities. 
3.48.  Despite these reductions, sugar and confectionery remained the agricultural products with 
the highest average tariff (63.3%), followed by animals and animal products (48.2%), and coffee and tea (42.5%). As regards industrial products, the highest average tariffs continued to apply to 
clothing (21.6%) and fish an d fish products (16.8%). 
3.49.  Mexico abolished the seasonal tariff on sorghum, but still applies it to soya beans and 
safflower seeds. Under this type of tariff, import s of these two products enter Mexico duty-free, 
but only during a certain period of the year. Outs ide this period, a tariff of 15% applies to soya 
beans and 10% to safflower seeds.
43 
3.50.  Table 3.3 also shows that tariff escalation remains biased. Tariffs on semi-processed 
products are on average (3%) lower than those on fully processed products (7.8%), while tariffs 
on raw materials (9.1%) are higher than those on semi-processed and fully processed products. 
This negative escalation not only leads to inconsistencies in Mexico's tariff structure but could ultimately have a negative impact on firms' competitiveness. 
3.51.  In 2011, earnings from import duties amounted 
to Mex$26,881.2 million (US$2,100 m illion), around 0.6% of the valu e of imports and 1.2% of the 
Federal Government's revenue that year. In 2007, the latter percentage was 1.9%.
44 
3.2.5.2  Tariff bindings 
3.52.  Mexico has bound all its tariff headings in the WTO. The levels of binding range 
from 0 to 254% depending on the product. In January 2012, the tariffs applied by Mexico were lower than the corresponding bound rate.
45 It should be noted that in four cases46 the ad valorem  
equivalent could not be calculated. These cases concern liquid products containing sugar, 
                                               
43 HS 2007 tariff headings: 1007.00.02 (sorghum), 1201.00.03 (soya beans) and 1207.99.07 
(safflower seeds). 
44 Office of the President of the Republic (2012), Chapter 2.1 Financial policy for competitiveness. 
45 For 103 headings (HS 2002), Mexico's bound tariff is a compound tariff, consisting of a specific tariff 
and an ad valorem , minimum, tariff. Only the ad valorem  component of these lines was taken into account in 
calculating the bound tariff range in Table 3.3. 
46 The HS codes for these headings are 2202 10 01, 2202 90 99, 2207 10 01 and 2207 20 01. WT/TPR/S/279/Rev.1 • Mexico 
 
- 59 - 
  which are subject to a compound tariff consisting of an ad valorem  tariff plus a specific tariff 
depending on the product's sugar content. In these ca ses, the specific tariff is based on a different 
unit (kg) than that which applies to the product in question (litres). It is therefore impossible to calculate the ad valorem  tariff equivalent. In this connection, the authorities have indicated that, 
in any event, the applicable tariff may not exceed the level bound in the WTO.
47 
3.2.5.3  Tariff concessions 3.53.  Article 61 of the Customs Law lists the goods exempt from foreign trade taxes. This list 
includes: grants/donations; goods for own consumption imported by persons living in the border 
zone; goods to be used for national defence or pu blic security; vehicles for international services
48; 
household effects belonging to immigrants and repatriated or deported Mexican citizens, inter alia.  
3.54.  Temporary imports and imports under the strategic in-bond facility regime (Table 3.1) are 
not subject to tariffs or to compensatory duties (" cuotas compensatorias ") (Articles 104 and 135-B 
of the Customs Law).49 
3.55.  Mexico grants tariff reductions or exemptions to companies or persons participating in 
PROSEC or IMMEX programmes. Under PROSEC programmes, imports of inputs to be used by any 
of the 24 industries covered are eligible for tariff reductions (see Chapter 3.4.1). Companies participating in the IMMEX programme receive tariff concessions for their temporary imports (see 
Chapter 3.3.4). 
3.2.5.4  Preferential tariffs 3.56.  During the period under review, Mexico continued to deepen its network of preferential 
agreements. The unilateral tariff reduction process that began in 2008, however, has to a certain 
extent narrowed the gap between MFN tariffs and preferential tariffs. 
3.57.  In July 2012, Mexico granted tariff preferences for imports from 51 countries, of which 44 
were covered by FTAs (see Chapter 2). The preferential tariffs varied depending on the partner 
and the sector. In 2012, average tariffs ranged from 0 to 2.6% in the case of FTAs, and from 0.6 
to 6.2% in the case of PSAs. To calculate this average rate, the lowest tariff between the MFN tariff and the preferential tariff was used for each product in order to reflect market access 
conditions as precisely as possible. Only preferential trade with the United States is entirely duty 
free (Table A3.1). In general, tariffs on agricult ural products are markedly higher than those on 
other products. 
3.2.5.5  Latest tariff modi fications: the change in nomenclature from HS 2007 to 
HS 2012 
3.58.  The HS 2012 classification came into effect on 1 July 2012.
50 This new classification 
eliminates, creates and reorganizes several subheadings for products so the number of headings 
rose from 12,107 in January (HS 2007) to 12, 264 in September 2012 (HS 2012) (Chart 3.4).51 
                                               
47 Calculation of the average tariff therefore in cluded the corresponding bound tariff (as an 
approximation). For one of these headings (HS 2202 90 99), the bound tariff is a compound tariff (US$0.108/kg, but no less than  47%) and therefore only the ad valorem  component was included. 
For the other headings, the bound tariff is 37% (HS 2202 20 02) and 45% (HS 2207 20 01). 
48 Except for vehicles to be commercially operated, vehicles bought for use or consumption in Mexico 
and vehicles for consum ption or use abroad. 
49 There are two main categories of temporary imports: those which enter Mexico for a limited time 
and a specific purpose, and then re turn abroad without transformation; and imports of goods to undergo 
processing, transformation or repair by companie s with export programmes authorized by the SE. 
50 Decree amending the tariff schedule in the LIGIE; the miscellaneous provision amending various 
tariffs in the tariff schedule in the LIGIE; the miscellaneo us provisions establishing the import regime in the 
northern border zone and the border  region, and the miscellaneous provision establishing the general import 
tax for the border region and the northern border zone, published in the Official Journal of 29 June 2012. The Decision presenting the tables for correlation  of TIGIE 2007 and TIGIE 2012 were published in the 
Official Journal on the same date. The HS 2012 classification (Fifth edition of the Harmonized Commodity 
Description and Coding System) came into force on 1 July 2012. 
51 In both cases, the total number  of tariff headings covers Chapte rs 1 to 97 of the respective HS. WT/TPR/S/279/Rev.1 • Mexico 
 
- 60 - 
  There were three other amendments during this period52, which reduced the number of headings 
by 128.53 Despite this reduction, the average tariff rose slightly from 6.2% to 6.4%, attributable 
solely to the changes brought about by introducti on of the HS 2012 nomenclature. For the sake of 
consistency, this report is based on the tariff at 1 January 2012, which uses the HS 2007, as this is 
the nomenclature used for preferential tariffs. 
Chart 3.4 Structure of MFN tariffs between  January and September 2012, HS 07 and 
HS 12 nomenclatures 
01,0002,0003,0004,0005,0006,0007,0008,0009,00010,00011,00012,000
Jan-12 Sep-12
(HS07) (HS12)No. of tariff headings
15 <MFN 
(International tariff "peaks")
0<MFN ≤15
MFN=0Non- ad valorem
 
Source: WTO Secretariat. 
3.2.6  Tariff quotas 
3.59.  Mexico applies WTO-type tariff quotas , but also unilateral and preferential quotas.  
3.60.  Within the WTO, Mexico applies quotas to 62  tariff headings, all relating to the agricultural 
sector (see Chapter 4). The products concerned are: cheese, coffee, meat and edible offal, animal fats, potatoes, beans, wheat, barley, maize, sugar and products with a high sugar content.  
3.61.  Mexico also has unilateral quotas for 95 tariff headings that cover both agricultural products 
and manufactures (Table 3.4). Of these headings, 13 are also subject to WTO-type quotas; this is 
the case for beans, coffee, barley, and dairy-produce-based preparations. For these products, the in-quota tariff is lower in the case of the unilateral quota. In 2011, the products for which the 
volume of imports exceeded the quotas specif ied were toys and roasted and ground coffee.  
Table 3.4 Unilateral tariff qu otas applied by Mexico 
Tariff heading In-quota 
tariff Out-of-quota 
tariff Quota 
available 2011 Quota imported 
2011 
Ducks, geese or guinea-fowls      
0207.33.01 10 234% 200,000 kg - 
Egmont cheese     
0406.90.06 20 45% 1,600,000 kg - 
White, black and other beans, 
except for sowing     
0713.33.02a; 0713.33.03a 0 125.1% 100,000,000 kg - 0713.33.99a 0 125.1% 
                                               
52 These amendments were published in the Official Journals of 23 January 2012, 5 and 
13 September 2012. 
53 This figure was calculated only taking into a ccount the comparable headings in HS 2007 and HS 2012. WT/TPR/S/279/Rev.1 • Mexico 
 
- 61 - 
  Tariff heading In-quota 
tariff Out-of-quota 
tariff Quota 
available 2011 Quota imported 
2011 
Roasted and ground coffee 
individual containers of a weight 
not exceeding 40 g     
0901.21.01a; 0901.22.01a 0 
0 72% 35,201 kg 277,926 kg 0901.90.99a 72% 
Barley in grains, not hulled, except 
for sowing     
1003.00.02a; 1003.00.99a 0 115.2% 3,000,000 kg - 
Oats (other)     
1004.00.99 0 10% 140,000,000 kg - 
Malt, whether or not roasted     
1107.10.01; 1107.20.01 0 158% 3,000,000 kg 2,749,035 kg 
Carnauba wax     
1521.10.01 10 45% 250,000 kg 86,920 kg 
Sugar     
1701.11.01; 1701.11.02 0.014 US$/kg 0.338 
135,000,000 kg 117,883,906 kg 1701.99.01; 1701.99.02 0.036 US$/kg 0.36 
1701.99.99 0.036 US$/kg 0.36 
Dairy-produce-based preparations     
1901.90.05a 0 109% 44,200,000 kg 16,097,881 kg 
Instant coffee, not flavoured, 
coffee extract, other     
2101.11.01a; 2101.11.02a 20 140.4% 1,413,600 kg 28,871 kg 2101.11.99a; 2101.12.01a 140.4% 
Oil-cake and other solid residues, 
whether or not ground or in the 
form of pellets, resulting from the 
extraction of soya bean oil     
2304.00.01 0 15% 700,000 kg - 
Articles for infants     
3924.90.99 0 
0 
0 
0 
0 15% 
US$22,350,470 US$16,799,492 3926.90.99 10% 
7013.37.99 15% 
8715.00.01 15% 
9401.80.01 10% 
Textured yarn of polyester textile      
5402.33.01 
0 9% 15% of the 
volume produced 
annually in 
Mexico (kg) - 
Motor vehicles     
8702.10.01; 8702.10.02; 0 
0 
0 
0 
0 
0 
0 
0 
0 20% 
253,218 units 16,999 units 8702.90.02; 8702.90.03; 20% 
8703.21.99; 8703.22.01; 20% 
8703.23.01; 8703.24.01; 20% 
8703.31.01; 8703.32.01; 20% 
8703.33.01; 8704.21.03; 20% 
8704.21.99 20% 
8704.31.03 50% 
8704.31.99 50% 
Used motor vehicles     
8703.21.02; 8703.22.02 With the tariff 
applicable in 
accordance 
with the TIGIE 
or 
international 
trade treaties 
or agreements 50% 
100 units 21 units 8703.23.02; 8703.24.02 50% 
8703.31.02; 8703.32.02 50% 
8703.33.02; 8703.90.02 
50% 
Toys     
9503.00.01-9503.00.06; 0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 15% 
US$20,000,000 US$75,958,648 9503.00.07; 10% 
9503.00.08; 5% 
9503.00.09; 10% 
9503.00.10-9503.00.20; 15% 
9503.00.21; 10% 
9503.00.22-9503.00.24; 15% 
9503.00.26; 9503.00.99 15% 
9504.30.99; 9504.40.01 15% 
9504.90.01; 9504.90.02 15% 
9504.90.04; 9504.90.06 15% 
9504.90.99; 9505.90.99 15% 
9506.59.99; 9506.62.01 15% WT/TPR/S/279/Rev.1 • Mexico 
 
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  Tariff heading In-quota 
tariff Out-of-quota 
tariff Quota 
available 2011 Quota imported 
2011 
9506.69.99; 9506.70.01 0 
0 15% 
9506.99.06; 9506.99.99  15% 
a Tariff headings subject to a WTO-type quota. The in -quota tariff is lower for the unilateral quota than 
for the WTO-type quota. 
Source: Data provided by the Mexican authorities. 
3.62.  Mexico has preferential quotas under its agreements with (number of tariff headings in 
brackets): Argentina (ECA 6) (131 headings), Brazil (ECA 53) (13 headings), 
Colombia (28 headings), Costa Rica (11 headings), Cuba (ECA 51) (289 headings), 
El Salvador (7 headings), Guatemala (20 headings),  Honduras (6 headings), Israel (20 headings), 
Japan (160 headings), Nicaragua (5 headings), Peru (47 headings), Uruguay (32 headings), the European Union (4 headings), Panama, Ecuador and Paraguay (PSA 14) (48 headings). 
3.2.7  Other charges affecting imports 
3.63.  In addition to tariffs, the following are payable on imports, depending on the product or the 
customs regime: (a) DTA; (b) storage fee; (c) VAT; (d) IEPS; and (e) ISAN. The rates of these 
taxes were modified during the period under review. The VAT, IEPS and ISAN apply to both 
imported and domestic products.  
3.64.  The DTA is the charge payable for the customs procedure involving a customs declaration or 
similar document. In general, the rate is still 8 per mil of the customs value of the goods.
54 Other 
special taxes or amounts apply depending on the customs regime, the type of product or if it is necessary to rectify the customs declaration.
55 The import of goods exempt from payment of tariffs 
does not mean that they are exempt from the DT A, except for goods entering Mexico under trade 
agreements with: the Plurinational State of Bo livia, Canada, Chile, Colombia, Costa Rica, 
El Salvador, Guatemala, Honduras, Nicaragua and the United States, provided that they comply 
with the relevant rules of origin.56 
3.65.  The storage fee is payable for the deposit of  goods for import in customs in-bond facilities. 
Storage is free-of-charge for the first two days for goods entering by air or land and for the first five days for those coming by sea. Afterw ards, the fees prescribed in Article 42 of the 
Federal Law on Duty apply and depend on the dura tion of storage and the specifications of the 
goods (for example, weight, volume, and special storage requirements, inter alia ).
57 The rates are 
regularly updated. In September 2012, they we re Mex$9.65/day for the first 15 days, Mex$18.82 
for the subsequent 30 days and Mex$30.49/day over and above this period.58 
3.66.  VAT is imposed on all imported goods (except household equipment and effects, donated 
goods, works of art, inter alia )59 and is set at a rate of 16%, with the exception of the border zone 
or regions, where the rate is 11%. These rates are higher than in 2007, when they were 15% 
and 10%, respectively. The tax is applied on the total customs value of the goods and the amount 
of the relevant tariffs plus other import duties.60 
                                               
54 Article 49 of the Federal Law on Duty, published in the Official Journal of 31 December 1981. 
The latest amendment was published in th e Official Journal of 14 June 2012. 
55 For example, for temporary imports by maquila indu stries or companies with  SE export programmes, 
as well as for machinery and equipment for production in  in-bond facilities, the rate is 1.76 per mil of the 
goods' value. For other goods, provided that they ar e for production by companie s with export programmes, 
a flat rate of Mex$250 is payable (Article 49 of the Federal Law on Duty). 
56 Article 49 of the Federal Law on Duty and Rule 5.1.3 of the General Foreign Trade Rules for 2012. 
57 Article 41 of the Federal Law on Duty. 
58 These rates apply per 500 kg and are double for goods in crates or packaging of a volume exceeding 
5 m3, hazardous goods, goods that require refrigeration, inter alia  (Article 42 of the Federal Law on Duty). 
59 Article 25 of the Law on VAT and Annex 27 to the General Foreign Trade Rules for 2012. The Law 
on VAT was published in the Official Journal of 29 December 1978; the latest amendment was published 
on 7 December 2009. 
60 Article 27 of the Law on VAT. WT/TPR/S/279/Rev.1 • Mexico 
 
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  3.67.  The ISAN is paid on the sale or import of new automobiles. It comprises a fixed amount and 
an ad valorem rate and is calculated on the selling price of the vehicle to the final consumer.61 For 
imports, the tax is calculated on the sum of the customs value, the amount of the tariffs and other import-related duties, excluding VAT.
62 The tax does not apply to vehicles imported duty free or 
covered by trade agreements signed by Mexico , provided that they meet the corresponding 
requirements.63 Vehicles whose price is lower than Me x$193,231.20 (US$15,100) are also exempt 
from this tax. Moreover, a 50% reduction on the amount of the tax applies to automobiles whose 
price is between Mex$193,231.21 and Mex$244,759.53 (US$19,100). These limits are updated 
annually.64 
3.68.  In June 2012, the IEPS applied to seven different types of product, both domestic and 
imported, at rates that ranged from 20% to 1 60% of the product's value. Since the previous 
Review, Mexico has raised the rate of the IEPS on  processed tobacco (cigars, cheroots, hand-rolled 
cheroots and other processed tobacco) and has includ ed energizing drinks and their inputs in the 
group of products subject to the IEPS.65 
3.69.  The rates of the IEPS on processed tobacco ranged from 30.4% to 160% in June 2012, 
compared to 20.9% and 110% in December 2006.66 Cigars are also subject to an additional tax 
which, in 2011, rose from Mex$0.10 to Mex$0.35 per cigar sold or imported.67 In 2011, Mexico 
also imposed payment of the IEPS, at a rate of 25%, on energizing drinks and on concentrates, 
powders and syrups used to make them.68 The application and rates for the other products subject 
to the IEPS are still the same as those indicated in the previous Report (rates between brackets): 
alcoholic beverages and beer (25% to 50%); alcohol, denatured alcohol and non-crystallized 
honey (50%). The IEPS rates for petroleum and diesel fuel are adjusted each month.  
3.70.  In general, importers pay these taxes when  submitting the declaration to be processed by 
authorized offices and before the computerized selection mechanism is activated.69 For domestic 
producers, there are different time-limits for paying the IEPS, VAT and ISAN.70 
3.2.8  Import, restrictions and licensing 3.71.  Mexico has a list of import prohibitions and goods subject to prior import permits. The list of 
products subject to this type of permit has chan ged since Mexico's previous Review: diamonds in 
the rough have been included, while some types of used vehicle have been removed. Import 
permits also apply to certain products imported under specific trade agreements.
71 
3.72.  The use and determination of import restrictions and prohibitions is governed by the LCE 
and its implementing regulations.72 Pursuant to Article 4 of this Law, the President is responsible 
                                               
61 Article 3 of the Federal Law on the ISAN, publis hed in the Official Journal on 30 December 1996. 
The latest amendment was published in the Official Jo urnal of 27 December 2006. The latest update of the 
rates was published in the Official Journal of 5 January 2012. Five brackets of automobile prices are determined for the purpose of calculating the tax. It is  composed of a specific am ount that varies from Mex$0 
to Mex$8,260.86 (US$1,700) depending on the price bracket for the automobile, and an ad valorem rate that 
ranges from 2% to 17%, applied to the difference between the value of the vehicle and the lower limit in the corresponding price bracket. 
62 Article 2 of the Federal Law on the ISAN. 
63 Article 62 of the Customs Law and Article 8 of the Federal Law on the ISAN. 
64 Articles 1, 2, 3 and 8 of the Federal Law on the IS AN. The latest update of the rates was published in 
the Official Journal of 5 January 2012. 
65 Law on the IEPS, published in the Official Journal of 30 December 1980. The latest amendment was 
published in the Official Journal of 12 December 2011. 
66 Decree amending the Law on the IEPS, publishe d in the Official Journal of 27 December 2006. 
The Decree came into force on 1 January 2007. 
67 Decree amending Article 2 of the Law on the IEPS, published in the Official Journal of 
19 November 2010. The Decree came into force on 1 January 2011. 
68 Decree amending and adding various provisions  to the Law on the IEPS, published in the 
Official Journal of 19 November 2010. The Decree came into force on 1 January 2011. 
69 Article 83 of the Customs Law. 
70 Articles 5 of the Law on the IEPS, 5-D of the Law on VAT and 4 of the Law on the ISAN. 
71 Mexico's latest notification in this respect was circulated on 18 January 2010, WTO document 
G/LIC/N/1/MEX/3. 
72 Articles 14 to 25 of the implementing regulations for the LCE, published in the Official Journal of 
30 December 1993. The latest amendment was published in the Official Journal of 29 December 2000. WT/TPR/S/279/Rev.1 • Mexico 
 
- 64 - 
  for determining non-tariff measures to regulate or restrict the export, import, movement or transit 
of goods. These measures are implemented in the form of decisions issued by the SE, or jointly 
with the competent authority, and are published in the Official Journal. Before being issued, they are forwarded to the Foreign Trade Commission for an  opinion, except in cases of emergency. The 
measures may be in the form of prior permits, maximum quotas, indication of the country of 
origin, certification, compensatory duties (" cuotas compensatorias ") or other instruments deemed 
appropriate (Article 17 of the LCE). 
3.73.  Measures restricting imports may be determined: (a) temporarily to remedy imbalances in 
the balance of payments; (b) to regulate the en try of used goods, waste or goods with no 
substantial market in their country of origin; (c) in accordance with provisions in international treaties or conventions to which Mexico is party; (d) in response to restrictions on Mexican exports 
imposed unilaterally by other countries; (e) to prevent an inflow of goods subject to unfair trade 
practices; and (f) for national security, public health, plant or animal health or ecological reasons (Article 16 of the LCE). As regards unfair practices, prior permit requirements may not be 
imposed, although other types of measure may be taken, including compensatory duties (" cuotas 
compensatorias "), which can only be imposed in such situations (Articles 17 and 22 of the LCE).
73 
3.74.  Mexico's list of products that cannot be imported remains the same as at the time of the 
previous Review. It contains 22 tariff headings74, including organic chemicals and narcotics. 
3.75.  Mexico also has a prior import (and export) permit regime described in the 2007 Decision 
on goods subject to prior permits (hereinafter the Permits Decision).75 At September 2012, Mexico 
required prior import permits for 40 tariff headings, including diamonds in the rough since 
June 2008.76 
3.76.  A prior import permit is also required for the import of machinery, inputs and components 
intended for sectoral promotion programmes (Table 3.5), but not included in the schedules for 
these programmes. Such goods are classified under the special operations heading while awaiting 
publication of the decree incorporating them in to the corresponding PROSEC schedules. Import 
permits apply to all programmes (24 in all), with the exception of sectoral programmes for the 
food and fertilizer industries. 
Table 3.5 Products subject to a prior import  permit issued by the SE, September 2012 
Product Number of 
tariff 
headings Scope  
Petroleum products 13  Definitive import  
Used tyres 2  Definitive import  
Used clothing 1  Definitive import  
Anti-pollution equipment and parts thereof  1  Definitive import  
Equipment for research or technological 
development  1  Definitive import  
Used vehicles  19  Definitive import  
                                               
73 Article 22 also indicates that prior permits cannot be  used to restrict the ex port, import, movement or 
transit of goods in order to comply with prov isions regarding Mexican official standards. 
74 The following HS tariff headings are concerned: 0301.9901; 1208.9003; 1209.9907; 1211.9002; 
1302.1102; 1302.1902; 1302.3904; 2833.2903; 2903.5202; 2903.5903; 2910.9001; 2931.0005; 2939.1101; 3003.4001; 3003.4002; 3003.9005; 3004.4001; 3004.4002; 3004.9033; 4103.2002; 4908.9005 and 4911.9105. The subheading 2903.5905 in the HS 2002 classification has been replaced by the 
subheading 2903.5202 in the HS 2007, but the two subheadings refer to the same chemical product. 
75 Decision determining the classification and coding of goods whose import or export is subject to a 
prior permit issued by the SE, published in the Official  Journal of 6 July 2007. The latest notification was 
published in the Official Journal of 3 September 2012. The Decision is contained in Annex 2.2.1 to the SE Decision issuing General Rules and Cr iteria for Foreign Trade. The text of  the Decision can be viewed online 
at: http://www.aduanas-mexico.com.mx/claa/ctar/leyes/anexo221.html . 
76 The permit was introduced as part of the Kimberley Process Certification Scheme (KPCS) by means of 
the Fifth Amendment to the SE Decision issuing General Rules and Criteria for Foreign Trade, published in the 
Official Journal of 16 June 2008. On 6 November 2008, Mexi co became a participant in the KPCS so it can only 
trade in diamonds in the rough with the othe r participants. WTO docu ment G/LIC/N/1/MEX/3 
of 18 January 2010. WT/TPR/S/279/Rev.1 • Mexico 
 
- 65 - 
  Product Number of 
tariff 
headings Scope  
Diamonds in the rough 3  Definiti ve or temporary import, in-bond 
storage, processing, transformation or repair in in-bond facilities or strategic in-bond facilities  
Goods for sectoral programmes under the 
special operations heading 24  Definitive or temporary import  
Source: WTO Secretariat based on the Decision determ ining the classification and coding of goods whose 
import or export is subject to a prior permit issued by the SE, publ ished in the Official Journal of 
6 July 2007 (contained in Annex 2.2.1 to the SE Decision issuing General Rules and Criteria for 
Foreign Trade). The latest amendment was published in the Official Journal of 3 September 2012. 
3.77.  In 2009, the permit requirement was lifted for 30 tariff headings relating to used vehicles; 
as a result, in June 2012 only 19 headings relating  to automotive products remained subject to a 
prior import permit.77 
3.78.  Furthermore, since July 2011 under the NAFTA, the permit (and certificate of origin) 
requirement has been lifted for 17 tariff headings relating to eight- to ten-year old used vehicles assembled in Mexico, Canada or the United States.
78 Since 2009, the Permits Decision has 
included a timetable for the phasing out of the pe rmit requirement for used vehicles from Canada 
and the United States (Article 6 bis of the Permits Decision).79 According to this timetable, the 
process began in 2009 with the elimination of the permit requirement for certain types of used vehicle at least ten years old and will terminate on 1 January 2019, when no prior import permit 
will be required for any vehicle whose serial number corresponds to a vehicle manufactured or 
assembled in Mexico, the United States or Canada, irrespective of its age. Special criteria apply to used vehicles from the United States or Canada intended to remain permanently in Mexico's 
northern border zone.
80 In any event, since 2005 a permit has not been required to import certain 
types of used vehicle between ten and 15 years old.81 
3.79.  Mexico also requires a permit for the import of some products under certain trade 
agreements. In the course of revising the foreign trade regulations in April 2008, Mexico lifted the 
import permit requirement for sugar (four tariff headings)82 from the United States under the 
NAFTA83, but maintained it for 32 products imported under PSAs (LAIA) with Argentina, Brazil, 
Cuba, Ecuador, Panama, Paraguay and Peru (Article 3 of the Permits Decision), as well as for 
eight agricultural products imported under the FTA with Chile and 25 under the FTA with 
Uruguay (Article 5 of the Permits Decision). 
3.80.  The SE is responsible for issuing prior permit s for the export or import of goods (Article 21 
of the LCE). The procedure for obtaining a prio r permit can be conducted through the single 
window.84 Permits are valid for one year and must be granted within not more than 15 working 
days from the application. After this period, it is considered that the permit has been granted.85 In 
addition, specific products require an import permit from other Ministries, including: the 
Environment and Natural Resources (SEMARNAT); Health; Energy; National Defence; and Agriculture, Livestock, Rural Development, Fisheries and Food (SAGARPA). 
                                               
77 Tenth Amendment to the SE Decision issuing Genera l Rules and Criteria for Foreign Trade, published 
in the Official Journal of 29 December 2008. 
78 Decree regulating the definitive import of used mo tor vehicles, published in the Official Journal of 
1 July 2011. The Decree entered into force upon publicat ion and will remain in effect until 31 January 2013. 
79 Tenth Amendment to the SE Decision issuing Genera l Rules and Criteria for Foreign Trade, published 
in the Official Journal of 29 December 2008. 
80 Article 5 of the Decree regulating the definitive import of used motor vehicles, published in the 
Official Journal of 1 July 2011. 
81 Decree determining the criteria for the definitive import of used motor vehicles, published in the 
Official Journal of 22 August 2005. 
82 Tariff headings: 1702.40.99, 1702.60.01, 1702.60.02 and 1702.60.99. 
83 Sixth amendment to the SE Decision issuing General Rules and Criteria for Foreign Trade, published in 
the Official Journal of 11 April 2008. 
84 The procedure and the requirements were publishe d in the Official Journal of 12 June 2012 in the 
Thirteenth Amendment to the SE Decision issuin g General Rules and Criteria for Foreign Trade. 
85 Article 17 of the Permits Decision and Rule 2.2.6 of the SE Decision issuing General Rules and Criteria 
for Foreign Trade. WT/TPR/S/279/Rev.1 • Mexico 
 
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  3.2.9  Contingency measures 
3.2.9.1  Legal and institutional framework 3.81.  The use and application of contingenc y measures (anti-dumping, countervailing and 
safeguard measures) are governed by: the LCE
86 and its implementing regulations87; and by the 
relevant WTO Agreements. At the bilateral level, the use and application of such measures are also 
governed by the trade agreements signed by Me xico. Virtually all its FTAs and PSAs contain 
provisions on the application of safeguards, while the provisions on countervailing and 
anti-dumping measures are mainly found in the FTAs. 
3.82.  The LCE's provisions on anti-dumping meas ures, countervailing duties and safeguards have 
been amended once since the previous Review. Th is was in 2006 with the objective of complying 
with the rulings of the Dispute Settlement Body  in the dispute DS295 (Mexico - Anti-Dumping 
Measures on Rice). The amendment modified aspects relating to general procedures (Article 53), 
procedures specific to anti-dumping and countervailing measures (" cuotas compensatorias" ) 
(Articles 64, 65A and 68), special procedures (Article 89D), and violations and administrative 
penalties (Articles 93 and 97).88 
3.83.  At the administrative level, the SE's International Trade Practices Unit (UPCI) remains 
responsible for dumping, subsidies and safeguards investigations. It is in charge of conducting and 
completing such investigations, and for determining the necessary countervailing and anti-
dumping measures. Another of the UPCI's responsibili ties is to assist Mexican exporters affected by 
such measures adopted by other countries. 
3.84.  Over the period 2007-2010 (June), Mexico initiated 15 dumping investigations, three 
subsidies investigations and one safeguards investigation (Table 3.6). At 30 June 2012, Mexico 
had 38 anti-dumping measures in force. At the same date, it had not imposed any safeguard measure or countervailing duty.
89 
Table 3.6 Investigations initiated by  type of procedure, 2007-2012 (June) 
 Anti-Dumping Subsidies Safeguards 
2007 3 0 0 
2008 1 0 0 
2009 2 0 0 
2010 2 0 1 
2011 6 3 0 
2012a 1 0 0 
Total 15 3 1 
a At 30 June. 
Source: WTO Secretariat on the basis of in formation provided by the authorities. 
3.85.  In accordance with its multilateral commitments, Mexico has continued to submit half-yearly 
reports on the anti-dumping and countervailing measures adopted to the competent WTO 
Committees (see Table A2.1).90 
3.2.9.2  Anti-dumping measures 3.86.  Over the period 2007-2012 (June), Mexico made much less use of anti-dumping measures 
compared to previous years. Between 2007 and 2011, Mexico initiated 14 anti-dumping 
investigations, one third of them between 2002 an d 2006, and only applied four new definitive 
measures, in other words, almost eight times fewer than between 2002 and 2006. During the 
first half of 2012, it only initiated one new investigation and applied one further definitive 
                                               
86 Titles V-VII, which include Articles 28-89F. 
87 Titles IV-VIII, which include Articles 37-176. 
88 Decree amending, supplementing and repealing va rious provisions in the LCE, published on 
21 December 2006. 
89 Statistics on the Mexican System of Trade Remedi es. Online information from the Advisory Committee 
on International Trade Practices. Viewed at: http://www.ccpci.economia.g ob.mx/swb/es/upci/home  
[June 2012]. 
90 WTO documents in the series G/ADP/N/*/MEX and G/SCM/N/*/MEX. WT/TPR/S/279/Rev.1 • Mexico 
 
- 67 - 
  measure. The new investigations during the pe riod 2007-2012 (June) mainly concerned products 
from China (ten cases), although there were also investigations into products from the United States (two cases), India (one case), Brazil (one case) and the United Kingdom (one case) (Table 3.7). 
3.87.  Of the 15 investigations initiated, eight cases were resolved during the review period; 
in six cases, the investigation is ongoing; and in one the request for an investigation was withdrawn. Of the cases resolved, five led to the imposition of a definitive anti-dumping measure. 
Of the cases still being investigated, preliminary resolutions were issued in four of them, three of 
these imposing a provisional measure. 
3.88.  According to the notification to the WTO, at 30 June 2012, Mexico had 38 definitive 
anti-dumping measures in force on imports from: China (12), the United States (7), the 
Russian Federation (4), Brazil (3), France (1), Ja pan (1), Kazakhstan (1), the United Kingdom (1), 
Romania (1), Ukraine (4), the Bolivarian Republic of Venezuela (1), Chile (1) and Korea (1). The measures mostly concerned the following: metal products; textiles, chemicals; plastics; 
agricultural and paper products.
91 This is just over half the number reported for the previous 
Review, when 70 measures were in force. 
Table 3.7 Anti-dumping investigations initiated between 2007 and June 2012 (in 
chronological order) and their outcome 
Exporting 
country Product Initiation of the 
investigation (decision 
published in the 
Official Journal)  Outcome of the anti-d umping investigation  
China Children's bicycles 
(8712.00.02 and 8712.00.04) 05/03/2012
 Investigation ongoing. 
Brazil Bond paper 
(4802.56.01) 11/10/2011  Investigation ongoing. 
China Amoxicillin 
(2941.10.12) 12/07/2011  Case abandoned following the notification of 
withdrawal published in the Official Journal of 20 October 2011.  
India Amoxicillin 
(2941.10.12) 12/07/2011  Preliminary resolution published in the 
Official Journal of 8 June 2012 imposing a provisional 
anti-dumping duty ( ad valorem  duty of 72.9%). 
Investigation ongoing. 
China Coaxial cables 
(8544.20.01, 
8544.20.02 and 
8544.20.99) 08/06/2011  Preliminary resolution published in the 
Official Journal of 30 December 2011 imposing 
provisional anti-dumping duties ( ad valorem duties of 
312.85% and 343.42% depending on the exporter). Investigation ongoing.  
United States Monobutyl ether of 
ethylene glycol 
(2909.43.01) 11/03/2011  Preliminary resolution published in the 
Official Journal of 9 April 2012 imposing a provisional 
anti-dumping duty ( ad valorem  duty of 37.91%). 
Investigation ongoing. 
United States Chicken legs and 
thighs (0207.13.03 and 
0207.14.04) 08/02/2011
 Preliminary resolution published in the 
Official Journal of 19 January 2012 on continuing the investigation without imposing provisional 
anti-dumping duties. 
Investigation ongoing.  
China Graphite electrodes for 
furnaces 
(8545.11.01) 01/09/2010  Preliminary resolution published in the 
Official Journal of 31 May 2011 imposing a provisional 
anti-dumping duty ( ad valorem  duty of 23%). 
Final resolution published in the Official Journal of 
1 March 2012 imposing definitive anti-dumping duties 
(ad valorem  duties of 38% and 250% depending on 
the exporter). 
                                               
91 WTO document G/ADP/N/223/MEX of 12 March 2012. WT/TPR/S/279/Rev.1 • Mexico 
 
- 68 - 
  Exporting 
country Product Initiation of the 
investigation (decision 
published in the 
Official Journal)  Outcome of the anti-d umping investigation  
China Denim fabric  
(5209.42.01, 
5209.42.99, 
5211.42.01 and 
5211.42.99) 21/04/2010  Preliminary resolution published in the 
Official Journal of 28 December 2010 on continuing the investigation without imposing provisional 
anti-dumping duties. 
Final resolution published in the Official Journal of 
21 October 2011 on conclusion of the investigation without imposing definitive anti-dumping duties. 
China Seamless steel tubing 
(7304.19.02, 
7304.19.99, 
7304.39.06 and 
7304.39.99) 04/09/2009  Preliminary resolution published in the 
Official Journal of 25 May 2010 and the clarification 
published on 2 September 2010, imposing provisional 
anti-dumping duties using the lesser duty rule 
(specific duty corresponding to the difference 
between a reference price and the customs value).a 
Final resolution published in the Official Journal of 
24 February 2011 on conclusion of the investigation 
and imposing anti-dumping duties using the lesser 
duty rule (specific duty corresponding to the 
difference between a reference price and the customs 
value).b 
China Nuts of carbon steel, 
black or coated (7318.16.03 and 
7318.16.04) 03/02/2009
 Preliminary resolution published in the 
Official Journal of 5 March 2010 on continuing the investigation without imposing provisional 
anti-dumping duties. 
Final resolution published in the Official Journal of 
2 August 2010 and the clarification published on 4 November 2010 on conclusion of the investigation 
and imposing a definitive anti-dumping duty 
(ad valorem  duty of 64%).  
United 
Kingdom Carbon steel tubing 
with longitudinal 
seams 
(7305.11.01) 18/07/2008  Preliminary resolution published in the 
Official Journal of 26 May 2009 imposing a provisional 
anti-dumping duty ( ad valorem  duty of 8.42%). 
Final resolution published in the Official Journal of 
5 January 2010 on conclusion of the investigation and 
imposing a definitive anti-dumping duty ( ad valorem 
duty of 5.91%).  
China Plastic atomizers and 
valves without caps (9616.10.01) 17/10/2007
 Preliminary resolution published in the 
Official Journal of 17 December 2008 on continuing the investigation and imposing a provisional anti-dumping duty ( ad valorem duty of 114%) on 
plastic atomizers. No provisional anti-dumping duty 
was imposed on valves without caps. Final resolution published in the Official Journal of 
21 April 2009 on conclusion of the investigation and 
imposing a definitive anti-dumping duty ( ad valorem  
duty of 86%) on plastic atomizers. No definitive anti-dumping duty was imposed on valves without caps. .  
China Steel plate in sheets 
(7208.51.01, 
7208.51.02, 
7208.51.03 and 
7208.52.01) 26/03/2007  Preliminary resolution published in the 
Official Journal of 24 March 2008 imposing a 
provisional anti-dumping duty ( ad valorem  duty 
of 29.27%). 
Final resolution published in the Official Journal of 
6 October 2008 on conclusion of the investigation 
without imposing definitive anti-dumping duties. 
China Door knob locks 
(8301.40.01) 29/01/2007  Final resolution published in the Official Journal of 
14 October 2008 (without any preliminary resolution) on conclusion of the investigation without imposing definitive anti-dumping duties and eliminating the 
duties imposed by the 1995 Resolution.  
a For imports of seamless steel tubing whose price is lower than the reference price of 
US$1,561/tonne, an anti-dumping duty corresponding to the difference between the export price 
and the reference price is applied. The amount of the anti-dumping duty determined in this manner 
must not exceed 36% ad valorem of the customs value. 
b For imports of seamless steel tubing whose price is lower than the reference price of 
US$1,772/tonne, an anti-dumping duty corresponding to the difference between this reference price and the customs value of the goods imported in do llars is applied, multiplied by the number of 
metric tonnes in the shipment co vered by each import declaration.  The amount of the anti-dumping 
duty determined in this manner must not exceed 56% ad valorem of the customs value. 
Source: WTO Secretariat based on information in the UP CI's international trade pr actices information system. WT/TPR/S/279/Rev.1 • Mexico 
 
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  3.2.9.3  Countervailing measures 
3.89.  Over the period 2007 to 2012 (June), Mexico initiated three subsidies investigations into 
imports of antibiotics from India and China. The first investigation was initiated in February 2011 and concerned subsidies affecting im ports of dicloxacillin from India.
92 The two other investigations 
were initiated in July 2011 and related to subsidies affecting imports of amoxicillin from India and 
China.93 In October of the same year, the request for an investigation into imports of amoxicillin 
from China was withdrawn.94 In April and June 2012, the preliminary resolutions in the 
investigations into dicloxacillin and amoxicillin were published. In both investigations, provisional 
(ad valorem) countervailing duties were imposed.95 
3.90.  According to Mexico's notification to the WTO, it did not have any definitive countervailing 
measure in force at 30 June 2012. 
3.2.9.4  Safeguard measures 
3.91.  Over the period 2007 to 2012 (June), Mexico initiated only one investigation for safeguard 
reasons, concerning imports of certain steel pipes and tubes96 from India, China, Japan, Iraq, the 
Democratic People's Republic of Korea and the Russian Federation. The investigation was initiated 
in 2010 and concluded in 2012 without the imposition of any safeguard measure.97 
3.92.  Mexico continues to reserve the possibili ty of utilizing the special safeguard measure 
provided in the Agreement on Agriculture in  respect of 293 (four-digit) tariff headings98, but did 
not apply it to any during the period under review. 
3.93.  The Decision regulating the application of transitional safeguard measures for specific 
products originating in China remains in effect until December 2013.99 
3.94.  Several of Mexico's trade agreements also include provisions on the use of bilateral 
safeguards, for example, those with the United States, Canada, Japan and Peru. The authorities have indicated that, at 30 June 2012, Mexico had not made use of these safeguard measures. 
3.2.10  Technical regulations and standards 
3.2.10.1  Legal and institutional framework 3.95.  Mexico's standardization system (draftin g and implementation of standards), as well as 
conformity assessment matters, are governed by the Federal Law on Metrology and 
Standardization (LFMN)
100 and its implementing regulations101; by the Decision on NOMs102; and 
by the WTO Agreement on Technical Barriers to Trade (TBT Agreement). 
                                               
92 The resolution declaring the initiation of an anti-subsidy investigation into imports of dicloxacillin 
sodium (heading 2941.10.08) originating in India was published in the Official Journal of 24 February 2011. 
93 The resolution declaring the initiation of an anti-dumping and anti-subsidy investigation into imports 
of amoxicillin trihydrate (heading 2941.10.12) originating in China and India was published in the Official Journal of 12 July 2011.  
94 Notification of withdrawal declaring the conc lusion of the anti-dumping and anti-subsidy 
investigation into imports of amoxicillin trihydrate (heading 2941.10.12) originating in China was published in the Official Journal of 20 October 2011.  
95 The preliminary resolution in the anti-dumping and anti-subsidy investigation into imports of 
amoxicillin trihydrate originating in India was published in the Official Journal of 8 June 2012. The preliminary 
resolution in the anti-subsidy investigation into imports of dicloxacillin sodium from India was published in the Official Journal of 2 April 2012.  
96 Resolution accepting the request from an intere sted party and declaring the initiation of a 
safeguards investigation into imports of spiral-wel ded steel pipes (heading 730 5.19.01), published in the 
Official Journal of 2 July 2010.  
97 The Resolution declaring the initiation of a safeguards investigation into imports of spiral-welded 
steel pipes (heading 7305.19.01) was published in the Official Journal of 28 March 2012. 
98 WTO document G/AG/NG/S/9/Rev.1 of 19 February 2002. 
99 Decision on the Transitional Safeguard Mechanis m contained in the Protocol of Accession of the 
People's Republic of China to the WTO, published in the Official Journal of 21 April 2005. 
100 Published in the Official Journal of 1 July 1992 and last amended on 9 April 2012. WT/TPR/S/279/Rev.1 • Mexico 
 
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  3.96.  The main administrative bodies concerned are still the Directorate-General of 
Standards (DGN) and the National Standardizatio n Commission (CNN). Both bodies work under 
the SE. 
 The DGN is responsible for applying the LFMN and its implementing regulations and for 
coordinating the standardization, conformity  assessment, accreditation and verification 
system. It also has the task of prepar ing, issuing, amending and annulling 
Mexican standards (NMXs) and NOMs. The DGN acts as the Technical Secretariat for the 
CNN and coordinates its collaborating bodies.103 It is also the enquiry point for the 
TBT Agreement.104 
 The CNN is responsible for coordinating standardization policy and for action by the 
departments of the Federal public administration involved in standardization.105 It is also 
in charge of approving the National Standardization Programme (PNN) published 
annually in the Official Journal106, which lists all the proposals for NOMs, NMXs and 
reference standards (NRs) each year. 
3.97.  Mexico's standardization system comprises three types of standard: 
 Technical regulations  (called NOMs in Mexico). These are mandatory and their 
purpose, inter alia, is to determine the features or specifications to be met by products, 
services or production processes in order to guarantee the safety of persons, human, 
animal and plant health, and to conserve natural resources and the environment (Article 40 of the LFMN).
107 In addition to technical regulations, the list of 
NOMs includes sanitary, and plant and animal health measures (see Chapter 3.2.11). 
NOMs are only issued by Government agencies. 
 Standards (termed NMXs in Mexico). These are voluntary, except in those cases 
specified in the legislation, and are prepared by a private national standardization body 
or the DGN. The NMXs determine the quality specifications for products and services in 
order to protect and guide consumers. These standards may under no circumstances contain specifications that are less stringent than those determined in the 
NOMs (Articles 51A and 54 of the LFMN). 
 Reference standards (NRs). These are drawn up by Federal public administration 
departments to be applied to the goods or services they procure, lease or commission if the NMXs or international standards do not meet their requirements or their 
specifications are deemed to be obsolete or inapplicable. The public administration 
departments which issue NRs include Petroléos Mexicanos (PEMEX) and the Federal Electricity Commission (CFE) (Article 67 of the LFMN). 
3.98.  The DGN keeps two catalogues, one for NOMs and another for NMXs.
108 The list of NRs in 
effect can be viewed on the website of PEMEX and the CFE.109 
                                                                                                                                               
101 Published in the Official Journal of 14 January 1999. 
102 Also known as the Decision identifying tariff head ings in the tariff schedule in the LGIE classifying 
goods subject to compliance with NOMs upon entry into and exit from Mexico. This Decision was published in the Official Journal of 6 July 2007 and has been amen ded 13 times. The latest amendment was published in 
the Official Journal of 3 September 2012. This Decision can also be found in Annex 2.4.1 to the SE's Decision issuing General Rules and Cr iteria for Foreign Trade. 
103 Section 1.2.2 of the Manual on the general organiza tion of the SE, published in the Official Journal 
of 8 July 2011. 
104 WTO document G/TBT/2/Add.14 of 19 July 1996. 
105 Articles 58 and 60 of the LFMN. 
106 The latest PNN was published in the Official Journal of 13 April 2012. 
107 The NOMs' other objectives include determining the commercial, health, quality, safety and 
hygiene information and the requirements concerning in formation for consumers or users to be included on 
labels, containers, packaging and advert ising for products and services, together with the specifications and/or 
procedures relating to the containers and packaging. 
108 The NOMs catalogue can be viewed at: http://www.economia-noms.gob.mx/noms/inicio.do ; 
the NMXs catalogue can be viewed at: http://www.economia-nmx.go b.mx/normasmx/index.nmx . Both these 
catalogues were viewed in August 2012. WT/TPR/S/279/Rev.1 • Mexico 
 
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  3.2.10.2  Technical regulations 
3.99.  There has been no change to the procedure for preparing, issuing or revising NOMs since 
the previous Review. To issue a NOM, the Ministries (of the Federal Government) draw up a preliminary draft NOM, previously listed in the PNN or in the supplement thereto. This preliminary 
draft is submitted to the Federal Regulatory  Improvement Commission, accompanied by a 
regulatory impact assessment (MIR)
110, and simultaneously to the competent National Advisory 
Committee on Standardization (CCNN) so that it can draw up the final draft standard.111 Once the 
draft has been finalized, it is published in the Offi cial Journal for public consultation over a period 
of 60 days; it is notified to the WTO112 and to those countries with which Mexico has a bilateral 
notification commitment. At the expiry of this  period, the CCNN examines the comments received 
and amends the draft within a period of 45 days. The responses to comments and the 
amendments are also published in the Official Jo urnal. When the final text of the draft NOM has 
been approved by the CCNN, it is published in the Official Journal (Articles 44-47 of the LFMN). 
3.100.  NOMs have to be reviewed every five years as of their entry into force. The outcome of this 
review must be notified to the CNN's Technical Secretariat. If no such notification is made, the 
NOM ceases to have effect and the agency that  issued it must publish its annulment in the 
Official Journal (Article 51 of the LFMN). In ca ses of emergency, the competent agency may draw 
up a NOM directly, without the need for a preliminary draft or a draft.113 Emergency NOMs remain 
valid for a maximum of six months and may be renewed for a further six months (Article 48 of the LFMN). 
3.101.  Over the period 2007 to 2012 (October), Mexico published 217 NOMs and 212 draft NOMs 
in the Official Journal; at 15 October 2012, 777 NOMs were in force.
114 The Ministries which issued 
the largest number of NOMs during this period were the Ministry of Health (54 in all), the Ministry of Communications and Transport (42) and th e Ministry of Energy (33) (Chart 3.5). 
                                                                                                                                               
109 The NRs issued by PEMEX can be viewed at: 
http://www.pemex.com/index.cfm?action=content&sectionID=5&catID=254&contentID=25875  and 
http://www.pemex.com/index.cfm?action=content& sectionID=5&catID=254&contentID=25884 . Those issued 
by the CFE can be viewed at: http://lapem.cfe.gob.mx/normas . 
110 MIRs include a description of the standard, its special features, its advantages and disadvantages 
and its cost/benefit in monetary terms (Article 31 of the implementing Regulations for the LFMN). 
111 The Advisory Committee is composed of persons and organi zations from the public and private 
sectors (Article 62 of the LFMN).  
112 WTO documents G/TBT/N/MEX/*. 
113 Unexpected events that affect or threaten the ob jectives laid down by th e LFMN (the safety of 
persons, human, animal or plant he alth, the environment and working conditions, or the conservation of 
natural resources, inter alia ) are deemed to be emergencies (Articles 40 and 48 of the LFMN). 
114 Mexico also had three emergency NOMs in force: NOM-EM-003-SECRE-2012; 
NOM-EM-001-SSA1-2012 and NOM- EM-003-SSA2-2008. The former concerns  systems for storing liquefied 
petroleum gas in a deposit or supply facility direct ly linked to transport or distribution networks. 
NOM-EM-001-SSA1-2012 concerns  requirements for the sanitary control of biopharmaceuticals and 
biotechnology medicines; and NOM- EM-003-SSA2-2008 covers  general monitoring, prevention, protection and 
control aspects applicable to the six di seases listed and specific aspects of each of them. Information provided 
by the authorities and catalogue of NOMs. 
 WT/TPR/S/279/Rev.1 • Mexico 
 
- 72 - 
  Chart 3.5 Mexican Official Standa rds by Ministry, 2007-2012 (October) 
0510152025303540455055
2007 2008 2009 2010 2011 2012Number of NOMs
Ministry of Communications and Transport Ministry of Labour and Social Security
Ministry of Health
Ministry of EnergyMinistry of the EconomyMinistry of Environment and Natural 
ResourcesMinistry of Agriculture, Livestock, Rural 
Development, Fisheries and Food
Others 
Source: Catalogue of Official Mexican Standards. 
3.102.  Over the same period (January 2007 to 15 October 2012), Mexico notified a total 
of 123 technical regulations115 to the WTO's TBT Committee, of which three concerned emergency 
measures and two draft conformity assessment procedures.116 
3.103.  The requirements for importing medicines remain the same as those reported for the 
previous Review, except as regards sanitary registration of the imported product. In order to import medicines into Mexico, importers must comply with the following: (a) be domiciled in 
Mexico or have a legal representative there; (b) possess a sanitary import permit (issued by the 
Ministry of Health); and (c) obtain sanitary registration for the imported product.
117 Until 2008, 
both Mexican and foreign manufacturers had to have a plant or laboratory in Mexico in order to 
obtain sanitary registration.118 This requirement has subsequently been lifted gradually (depending 
on the type of medicine) for foreign manufacturers, which may obtain sanitary registration if they are in possession of a licence, certificate or document attesting that the company has a permit to 
manufacture medicines, issued by the competent authority in the country of origin. 
3.2.10.3  Conformity asse ssment and certification 
3.104.  Under Mexican law, all domestic or imported products must comply with the relevant 
technical regulations (Articles 52 and 53 of the LFMN and Article 26 of the LCE).  
3.105.  To import a product subject to a NOM and in order to prove compliance, a NOM certificate 
or authorization issued by the competent agency or an accredited certification body has to be 
obtained (Article 53 of the LFMN). This certificate (a copy or the original) must be attached to the 
                                               
115 This figure does not include the addendums, corrigendums or supplements to the notifications 
submitted. A total of 185 documents was submitted over the period January 2007 to 15 October 2012 according to the WTO's TBT Informat ion Management System, viewed at: http://tbtims.wto.org/Default. 
aspx?Lang=1 . 
116 Notifications of these two drafts can be found in WTO documents G/TBT/N/MEX/124 
and G/TBT/N/MEX/125 of 8 June 2007. 
117 Articles 204, 295 and 285 of the General Law on Health and 131 of the Regulations on 
Health-Related Inputs.  
118 Decree amending Articles 168 and 170 of the Regula tions on Health-Related Inputs, published in 
the Official Journal of 5 August 2008. WT/TPR/S/279/Rev.1 • Mexico 
 
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  import declaration (Article 36 of the Customs Law). The list of products subject to compliance with 
a NOM issued by the SE contains 3,846 tariff headings (Decision on NOMs). These NOMs are of various types: product standards; standards for commercial information to be included on labels; metrological standards; business practice standards; and appellation of origin standards.  
3.106.  Conformity assessment for a NOM
119 and the issue of certificates are the responsibility of 
the competent agencies or private accredited bodies. The latter may be certification bodies, verification units or testing or calibration laboratories (Articles 53 and 68 of the LFMN). To be able 
to operate, these bodies must be accredited  by the Mexican Accreditation Entity (EMA)
120 and 
approved by the competent agency  (Articles 68 and 69 of the LFMN).121 According to the 
authorities, in October 2012, Mexico had 121 certification bodies, 1,054 testing laboratories, 436 calibration laboratories, 1,472 verification unit s and two verification/validation bodies for the 
emission of greenhouse gases.  
3.107.  In order to obtain a NOM certificate, an importer has to send samples to an accredited 
laboratory and, if it is found that the product complies with the NOM, the competent agency or 
private accredited certification body issues the certificate in the name of the importer. For NOMs 
that are the responsibility of the SE, the certificate is issued by the DGN if there is no certification 
body for the product.
122 If there is no NOM, the competent agencies may require that the products 
to be imported indicate the international specifications with which they comply, those of the 
country of origin or, in their absence, those of the manufacturer (Article 53 of the LFMN).  
3.108.  NOMs subject to commercial information requirements do not have to be certified. This 
means that the importer is responsible for ensuring that the products meet the requirements laid 
down in this type of standard, except where there is a high sanitary, plant or animal health, 
ecological, nutritional, safety or consumer protection risk. In such cases, the competent agency may require a laboratory analysis in order to ascertain the veracity of the information specified on 
the product (Article 50 of the implementing regulations for the LFMN).  
3.109.  Conformity assessment procedures may be general or specific to a standard. They are still 
drawn up by the competent Ministries, following consultation with interested parties and in 
accordance with the LFMN, its implementing regulations and international guidelines (Articles 73 of 
the LFMN and 80 of its implementing regulations). Once they have been finalized, the procedures 
are published in the Official Journal, first for public consultation (unless they are included in the corresponding NOM) and then in a final version. The general conformity assessment guidelines 
issued by the SE were published in 1997 and were last amended in 2004.
123 
3.110.  Mexico has mutual recognition agreements (MRAs) on:  
 Accredited assessment bodies.  Mexico has, for example, agreements with certain 
bodies in the United States (three) and Canada (three) for electrical and electronic 
products, and the safety of data-processing equipment under which Mexican bodies recognize the results of their conformity assessment.
124 There are also MRAs with 
                                               
119 Conformity assessment is aimed at determining the degree of compliance with NOMs or conformity 
with NMXs, international standards or  other specifications. Assessment procedures include sampling, testing, 
calibration, certification and verification (follow-up visits). 
120 A private self-governing body. 
121 The authorities have indicated that the Mexican Government remains jointly responsible for 
accreditation as it maintains approval for official purposes. 
122 Article 1 of the Policies and procedures for conf ormity assessment. Procedur es for certification and 
verification of products subject to compliance with NOMs for which the SE  is responsible, published in the 
Official Journal of 24 October 1997. The latest amen dment was published in the Official Journal of 
27 July 2004. For NOMs that are the responsibility of the SE, the certificates are issued by product or by category, by type or model and ar e only granted to Mexican importer s, manufacturers and traders and 
nationals of other countries with which the Mexican Go vernment has signed a free trade agreement or treaty. 
The NOM certificate is only valid for the holder, but the DGN or the relevant certification body may be requested to broaden it (Article 6 of the Policies and procedures for co nformity assessment. Procedures for 
certification and verification of products subject to co mpliance with NOMs for which the SE is responsible). 
123 The "Policies and procedures for conformity assessment; Procedures for certification and 
verification of products subject to compliance with NOMs for which the SE  is responsible" were published on 
24 October 1997; the latest amendment was published in the Official Journal of 27 July 2004. 
124 Article 5 of the Decision on NOMs. WT/TPR/S/279/Rev.1 • Mexico 
 
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  institutions in Colombia; China; Hong Kong, China; Thailand; the Netherlands; Norway 
and Singapore.125 
 Accreditation bodies. The EMA has MRAs through: (a) International Laboratory 
Accreditation Cooperation (ILAC) for the accreditation of calibration and testing 
laboratories; and (b) Asia-Pacific Laboratory Accreditation Cooperation (APLAC) for the 
accreditation of verification units and testing, calibration and clinical laboratories. The EMA also has MRAs with: (a) the International Accreditation Forum (IAF) for the 
accreditation of certification bodies for quality management, environmental management 
and product certification systems; (b) Pacific Accreditation Cooperation (PAC) for the accreditation of certification bodies for quality management, environmental management and product certification systems; and (c) InterAmerican Accreditation 
Cooperation (IAAC) for the certification of quality management systems, the 
accreditation of product certification bodies and environmental management systems (since 2008), the accreditation of testing, calibration and clinical 
laboratories (since 2009) and the accreditation of verification units (since 2010).
126 
 Governments.  Mexico has MRAs with the Governments of the United States 
(since 2011) and Canada (since 2012) on co nformity assessment of telecommunications 
equipment.127 
3.111.  Mexico also has equivalence agreements with the United States and Canada on the 
certification of three NOMs concerning electronic appliances and data processing equipment.128 
Under these agreements, Mexico accepts in place of the NOM certificate the documents or 
certificates proving compliance with the technical regulations or standards of these two countries, 
provided that they have been issued by accr edited certification bodies in these countries. 
3.2.10.4  Labelling and marking 
3.112.  Pursuant to the Official Mexican Standard of 2004 on General Labelling of 
Products (NOM-050-CFI-2004), any Mexican or imported product to be sold in Mexico must bear a label in Spanish providing commercial information on the product, together with instructions and 
guarantees.
129 This requirement applies to all products, with the exception of: (a) products subject 
to commercial information provisions contained in other NOMs or regulations; (b) products in bulk; (c) live animals; (d) books and other publications , magnetic and compact disks, tapes and similar 
articles, and other audiovisual products; (e) spare parts bought from catalogues and identified by 
the number of the part or a code; and (f) othe r products as determined by the competent 
authority. The Decision on NOMs contains a list of 824 tariff headings to which the provisions on 
information on instructions, operating manuals and guarantees contained in the relevant NOM do 
not apply.  
3.113.  Some agricultural products and manufactures are also subject to NOMs with special 
requirements on the commercial or sanitary information that must appear on their labels or 
packaging (Table 3.8). The products with the largest number of tariff headings subject to a special 
                                               
125 Information provided by the authorities. 
126 Online information from the EMA (July 2012). Viewed at: 
http://www.ema.org.mx/ema/ema/index.php?option=com_content&task=blogcategory&id=106&Itemid=129 . 
127 Mutual Recognition Agreement between the Government of the United Mexican States and the 
Government of Canada on Conformity Assessment of Telecommunications Equipment, published in the Official Journal of 28 May 2012; and Mutual Reco gnition Agreement between the Government of the 
United Mexican States and the Government of the Unit ed States of America on Conformity Assessment of 
Telecommunications Equipment, published on 28 July 2011. 
128 The NOMS are: (a) NOM-001-SCFI-1993, Electronic appliances - electronic equipment for 
household use powered by di fferent sources of electric power - safe ty requirements and testing methods for 
approving the model; (b) NOM-016-SCFI-1993, Electronic appliances - electronic equipment for office use powered by different sources of electric power - safety requirements an d testing methods; and 
(c) NOM-019-SCFI-1998, Safety of data processing equipment. The three decisions accepting as equivalents NOM-001-SCFI-1993, NOM-016-SCFI-1993, NOM-019-SCFI-1998 and the results of the conformity assessment, the technical regulations and conformity asse ssment procedures in the United States of America 
and Canada were published in the O fficial Journal of 17 August 2010.  
129 NOM-050-SCFI-2004, Commercial information - general labelling of products, published in the 
Official Journal of 1 June 2004. WT/TPR/S/279/Rev.1 • Mexico 
 
- 75 - 
  NOM are: (a) textiles, clothing and household linen; (b) electronic, electrical and household 
electrical appliances; (c) pre-packaged food and non-alcoholic beverages; and (d) toys.  
Table 3.8 Products subject to a special NO M on commercial or sanitary information 
requirements for labelling and packaging 
Product Number of 
tariff headings 
(8 digits) Official standard  Publication 
in the 
Official 
Journal 
Textiles, clothing and their accessories, and 
household linen 1,191 NOM-004-SCFI-2006 21/06/2006 
Products in general 824 NOM-050-SCFI-2004 01/06/2004 
Electronic, electrical and household electrical 
appliances 396 NOM-024-SCFI-1998 15/01/1999 
Pre-packaged food and non-alcoholic 
beverages 376 NOM-051-SCFI/SSA1-2010 05/04/2010 
Toys 293 NOM-015-SCFI-2007 17/04/2008 
Leather articles, natural tanned hides and 
synthetic or artificial materials of the same 
appearance 124 NOM-020-SCFI-1997 27/04/1998 
Alcoholic beverages 28 NOM-142-SSA1-1995 09/07/1997 
Paints, colours, varnishes, lacquers and 
enamels 26 NOM-003-SSA1-2006 04/08/2008 
Pre-packaged perfumery and cosmetic 
products 18 NOM-141-SSA1-1995 18/07/1997 
Natural vanilla extract, derivatives and 
substitutes 8 NOM-139-SCFI-2012 10/07/2012 
Pre-packaged tuna and bonito products 8 NOM-084-SCFI-1994 22/09/1995 
Flame retardants and/or inhibitors and/or 
fireproof products 5 NOM-055-SCFI-1994 08/12/1994 
Lubricating oils for petrol or diesel engines 3 NOM-116-SCFI-1997 04/05/1998 
Source: WTO Secretariat based on the Decision identify ing tariff headings of the tariff schedule in the LGIE 
classifying goods subject to compliance with NOMs upon entry into and exit from Mexico (Article 3), 
published on 6 July 2007. The latest amendment was published in the Official Journal of 3 September 2012. This Decision is contained in Annex 2.4.1 (NOMs Decision) to the SE Decision 
issuing General Rules and Cr iteria for Foreign Trade. 
3.114.  Since the previous Review, the major change as regards labelling has been for 
pre-packaged food and non-alcoholic beverages. In January 2011, the information to be included on labels was amended
130; labels must now indicate, inter alia, nutritional information, the list of 
ingredients or additives that cause hypersensitivi ty and the date of expiry or the date to be 
consumed by. Since then, the requirement for a Spanish translation of ingredients that can be expressed in the International Nomenclature of Cosmetic Ingredients (INCI) has no longer applied 
to perfumery and cosmetics products.
131 In September 2012, the requirements on commercial 
information for grapes, avocados and mangoes were lifted.132 
                                               
130 In January 2011, standard NOM-051-SCFI-1994, wh ich governed the requirements, was replaced 
by standard NOM-051-SCFI/SSA1-2010. The latter, on general specifications for the labelling of pre-packaged 
food and non-alcoholic beverages and on the commer cial and sanitary information, published in the 
Official Journal of 5 April 2010, replaced standard NO M-051-SCFI-1994, published in the Official Journal of 
24 January 1996. NOM-051-SCFI/SSA1-2010 came into force on 1 January 2011. For the purposes of 
verification and monitoring compliance  with the specifications on commercial information, application of the 
standard was extended until 1 June 2011 for certain products (Notification of extension, for the purposes of verification and monitoring, of the application of Mexican Official Standard NOM-051-SCFI/SSA1-2010 […], 
concerning product-specific NOMs, issued by the SE, published in the Official Journal of 13 December 2010). 
131 "Decree amending the third paragraph of Article 25 and adding an Article 196 bis to the 
Regulations for Sanitary Control of Products and Services", published in the Official Journal of 26 January 2011. These Regulations were published in the Official Journal of 9 August 1999. The latest amendment was 
published on 9 October 2012. The Mexican authorities have  indicated that the purpose of this amendment is 
harmonization with relevant international practices. 
132 Thirteenth Amendment to the SE Decision issu ing General Rules and Criteria for Foreign Trade 
published on 6 July 2012, published in the Official Journal of 3 September 2012.  WT/TPR/S/279/Rev.1 • Mexico 
 
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  3.2.10.5  Standards 
3.115.  There has been no change to the procedur e for preparing NMXs since the previous Review. 
As in the case of NOMs, NMXs must be included in the PNN, and based on international standards (unless these are inappropriate) and on consensus among the sectors participating in the advisory 
committee. NMXs must be published by means of a notification in the Official Journal so that the 
public may consult them for a minimum period of 60 days before the final version of the NMX is published. The review, updating or annulment of NMXs follows the same procedure as their 
preparation. Like NOMs, NMXs must be reviewed or updated within five years of their entry into 
force (Article 51-A of the LFMN). If the outcome of  the review or updating is not notified to the 
CNN, the latter orders annulment of the standard. The SE, either ex officio or at the request of another agency, may also issue an NMX if the subject matter is not covered by national 
standardization bodies or if the standards they have issued do not reflect the interests of the 
sectors concerned. 
3.116.  At October 2012, 4,414 NMXs were in force and there were 494 draft standards. The 
standards mainly applied to the electricity, iron and steel, automotive and textiles sectors, 
inter alia .
133 
3.2.11  Sanitary and phytosanitary measures 
3.2.11.1  Legal and institutional framework 
3.117.  The drafting and implementation of sanita ry and phytosanitary measures are governed by 
several laws and decisions at the national level (Table 3.9), and by the WTO Agreement on the Application of Sanitary and Phytosanitary Me asures (SPS Agreement). Pursuant to the 
SPS Agreement, Mexico has notified that the SE's DGN is its enquiry/notification point. 
Table 3.9 Principal laws and decisions composi ng Mexico's legal framework for sanitary 
and phytosanitary measures 
Legislation  Publication in the 
Official Journal Latest 
amendment 
published in the 
Official Journal 
General legislation   
 Federal Law on Metrology and Standardization (LFMN) 
 Implementing regulations for the Federal Law on Metrology and 
Standardization 
 General Law on Health 
 Federal Plant Health Law 
 Federal Animal Health Law 
 Implementing regulations for the Federal Animal Health Law 
 General Law on Sustainable Forestry Development (LGDFS) 1 January 1992 
14 January 1999 
 
7 February 1984 
5 January 1994 
25 July 2007 
21 May 2012 
25 February 2003 9 April 2012 
- 
 
7 June 2012 
16 November 2011 
7 June 2012 
- 
4 June 2012 
Decisions determining the tariff headings subject to regulation   
 Decision on the import of goods subject to regulation by SAGARPA 
through the National Health, Food Safety and Agrifood Food Quality 
Service.a 
 Decision determining the classification and coding of goods whose 
import is subject to regulation by the Ministry of the Environment 
and Natural Resources. 
 Decision determining the classification and coding of goods and 
products whose import, export, inward clearance or exit are subject 
to sanitary regulation by the Ministry of Health. 
 Decision determining the classification and coding of goods whose 
import or export are subject to regulation by the agencies 
composing the Interministerial Commission on control of the 
processing and use of pesticides, fertilizers and toxic substances . 3 September 2012 
 
 
30 June 2007 
 
 
27 September 2007 
 
 
26 May 2008 - 
 
 
27 August 2010 
 
 
23 March 2012 
 
 
19 August 2010 
                                               
133 Information provided by the authorities. WT/TPR/S/279/Rev.1 • Mexico 
 
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  Legislation  Publication in the 
Official Journal Latest 
amendment 
published in the 
Official Journal 
Decisions determining the means for consultation of 
requirements   
 Decision establishing the module for health requirements for the 
import of aquatic species, their products and byproducts, and 
biological, chemical, pharmaceutical or food products for use or 
consumption by such species. 
 Decision determining the module for phytosanitary requirements 
for the import of goods regulated by SAGARPA in relation to plant 
health. 
 Decision determining the means for consulting the requirements for 
the import into national territory of goods regulated by SAGARPA in 
relation to animal health. 
 Decision notifying the procedure for obtaining import and export 
certificates for agricultural, livestock, aquaculture and fisheries 
goods using electronic means. 25 May 2012 
 
 
 
7 February 2012 
 
 
13 October 2010 
 
 
9 August 2012 - 
 
 
 
- 
 
 
- 
 
 
- 
a This Decision replaced the Decision determining th e classification and coding of goods whose import 
is subject to regulation by SAGARPA, which was published in the Official Journal of 30 June 2007 and whose latest amendment was published on 18 June 2010. 
Source: WTO Secretariat on the basis of information provided by the Mexican authorities. 
3.118.  At the administrative level, the following are the main Federal bodies for sanitary and 
phytosanitary matters: 
 National Health, Food Safety and Ag rifood Quality Service (SENASICA) for plant, 
animal, aquaculture and fisheries products. This decentralized body of SAGARPA is responsible for implementing and monitoring compliance with the provisions on health, 
safety and agrifood quality. Its tasks including issuing NOMs, decisions and other legal 
provisions applicable in order to prevent, control and combat pests and diseases that affect plant, animal, aquaculture and fisheries species, and to determine the requirements, quarantine regulations and sanitary safety measures (Article 49 of 
SAGARPA'S Rules of Procedure). SENASICA is composed of 
six Directorates-General (DG), of which the DG  of Plant Health, the DG of Animal Health, 
the DG of Agrifood, Aquaculture and Fisheries Safety, and the DG of Plant and Animal 
Health Inspection are the main ones.  
 Federal Commission for Protection against Health Risks (COFEPRIS) for products 
presenting health risks. This agency, a decent ralized body of the Ministry of Health, is 
responsible for sanitary regulation, control and monitoring of products that present 
potential risks for human health, including medicines, food, beverages, cosmetics and 
household cleaning products, tobacco, pesticides, additives and plant nutrients, and for their export and import (Articles 17 bis and 17 bis 1 of the General Law on Health).
134 
 Ministry of the Environment and Natural Resources (SEMARNAT) for forest and 
wildlife products. Through its General Legal Coordination Unit, this Ministry is responsible for Mexico's policy on forestry and wildlife he alth, including the issue of NOMs on forestry 
and the soil, in the terms laid down in the LFMN.
135 The Forestry and Soil Management 
DG in the Ministry is responsible for impl ementing the legislation on protection of 
forestry and soil resources and for issuing the phytosanitary documents needed for the 
movement, import or export of forestry products or byproducts (Section 712 of 
SEMARNAT's Manual of General Organization).  
3.119.  Mexico has signed bilateral agreements with other countries on animal and plant health. 
At August 2012, it had signed 13 bilateral agreements on phytosanitary cooperation, together 
with 41 work programmes for the import of radicchi o, witloof chicory, liatris bulbs, quince, seed 
potatoes and fresh potatoes, avocados, fresh garlic, cocoa beans, mangoes, dessert grapes, kiwis, 
                                               
134 Published in the Official Journal of 7 February 1984. The latest amendment was published in the 
Official Journal of 7 June 2012. 
135 Article 55 of the LGDFS and Section 112 of SEMARNAT's Manual of General Organization. 
The Manual was publ ished in the Official Journal of 13 August 2003.  WT/TPR/S/279/Rev.1 • Mexico 
 
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  as well as other fruit, imported from the signatory countries.136 The work programmes are signed 
by SAGARPA and the national phytosanitary protec tion body in the exporting country concerned 
and their purpose is to facilitate trade in a specific product and ensure that phytosanitary procedures are harmonized. As regards animal health, Mexico has de facto  recognition agreements 
with up to 15 countries under which zones in Mexico are recognized as free of 
Newcastle disease
137, classical swine fever138 and bovine spongiform encephalopathy.139 De facto  
recognition is based on the status Mexico report s to the World Animal Health Organisation (OIE) 
concerning the aforementioned diseases.140 Furthermore, all the FTAs signed by Mexico contain 
provisions on sanitary and phytosanitary measures.  
3.120.  Mexico is a member of the Codex Alimentarius Commission (FAO/WHO), the OIE, and the 
International Plant Protection Convention (IPPC), which are the reference bodies for the 
preparation of measures in accordance with the SPS Agreement. Mexico also participates in 
regional sanitary protection bodies such as th e North American Plant Protection Organization 
(NAPPO) and the Regional International Organization for Plant and Animal Health (OIRSA). 
3.2.11.2  Drafting and impl ementation of measures 
3.121.  Sanitary or phytosanitary measures may be contained in NOMs141 or in the modules for 
consultation of the requirements. These modules may be viewed online and consist of a database 
of existing measures. The drafting and implementa tion of NOMs are governed by the procedures 
already mentioned in Chapter 3.2.10. Pursuant to the legislation on animal health, plant health and sustainable forestry development, sanitary or  phytosanitary measures are based on scientific 
principles, international recommendations and risk analysis, as appropriate. Emergency NOMs are 
issued by SENASICA, SEMARNAT and COFE PRIS in accordance with the LFMN.  
3.122.  To be able to enter Mexico, products that present a potential risk for human, animal, plant, 
forestry, aquaculture or wildlife health must comply with the sanitary, phytosanitary, animal health 
and other measures contained in the corresponding NOM or specified in the modules for 
consultation of the requirements.
142 For products of animal or plant origin or aquatic products, the 
list of products subject to this type of requir ement (see below) on the part of SAGARPA, through 
SENASICA, is to be found in the Decision determining the classification and coding of the goods 
concerned (hereinafter SAGARPA Decision).143 The Decision also lists the products of plant origin 
that must undergo inspection at the point of en try. If these requirements are met, SENASICA 
grants the relevant import certificate (phytosanitary, animal health or aquaculture)144, which must 
be submitted together with the customs declaration.145 
3.123.  Consultation of requirements and the granti ng of certificates differ depending on the type 
of product and the requirement to be certified, whether sanitary, phytosanitary, animal health, 
                                               
136 Information provided by the authorities, which have also indicated that cooperation agreements 
and/or memorandums of understanding on phytosanitary matters have been signed with: Algeria, Argentina, 
Australia, Bulgaria, China, Cuba, Ecuador, India, the Netherlands, New Zealand, Peru, the United States and 
Uruguay. In addition, "work programmes for the import of plant products" have been  agreed with Argentina, 
Canada, Chile, China, Cuba, Ecuador,  Guatemala, Honduras, Peru, South Africa, Spain and the United States. 
137 De facto  recognition agreements with the Plurinational State of Bolivia, Chile, Colombia, Costa Rica, 
Cuba, the Dominican Republic, El Salv ador, Guatemala, Japan, Panama, Pa raguay, the United States and the 
Bolivarian Republic of Venezuela.  
138 De facto  recognition agreements with the Plurinational State of Bolivia, Canada, Chile, Colombia, 
Costa Rica, Cuba, the Dominican Republic, El Salvador , Guatemala, Japan, Korea, Panama, Paraguay, the 
United States and the Bolivarian Republic of Venezuela. 
139 De facto  recognition agreements with the Plurinational State of Bolivia, Colombia, Costa Rica, 
Cuba, the Dominican Republic, El Sa lvador, Guatemala, Japan, Korea, Nicaragua, Panama, Paraguay, the 
United States and the Bolivarian Republic of Venezuela.  
140 The status of Newcastle disease, classical swine fever, and BSE can be viewed at: 
http://www.oie.int/wahis_2/public/wahid.php/Countryinformation/countryhome . 
141 In Mexico, sanitary and phytosanitary meas ures form part of the catalogue of NOMs. 
142 The requirements specified in the consultation  modules vary depending on the product and its 
origin. 
143 Published in the Official Journal of 3 September 2012. 
144 Proof of compliance with the said requirements is obtained through inspection of the documents 
and/or physical inspection of the goods. 
145 Article 11 of the Decision determining the classification and coding of goods whose import is 
subject to regulation by SAGARPA, through SENASICA, published in the Official Journal of 3 September 2012. WT/TPR/S/279/Rev.1 • Mexico 
 
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  aquaculture, etc. Since the previous Review, certain procedures have been streamlined as far as 
consultation of phytosanitary, animal health and aquaculture requirements is concerned. The procedures for import and obtaining certificates for the major categories of product are described below:  
 To import products of plant origin , the phytosanitary measures in the relevant NOM 
or specified in the online consultation module of phytosanitary import requirements must be complied with.
146 This module was introduced in 2012 to replace the phytosanitary 
request sheet (HRF). Once the importer knows the requirements, it must prove 
compliance with them to SENASICA's DG of Plant and Animal Health Inspection (DGIF) at the point of entry into Mexico. If there is compliance, the importer may request an import certificate, which has to be submitted together with the import declaration. If the 
requirements are not specified in the NOM or in the module, they may be requested 
electronically. After the information has been requested, SENASICA must inform the person concerned within ten days whether the product: (a) is subject to a regulation; 
(b) is banned from entry because of quarantine in the country of origin or source; 
(c) necessitates a risk analysis; or (d) the module of phytosanitary requirements already lists the requirements applicable (Articles 1,  2 and 9 of the Decision establishing the 
module in respect of plant health). Packag ing of plant origin is also subject to 
phytosanitary inspection by the DGIF.  
 To import products of animal origin , the animal health measures specified in the 
online consultation module for animal health import requirements, introduced in 2010, 
must be complied with.
147 Once the importer knows the requirements, it must prove 
compliance with them to SENASICA's DGIF at the point of entry into Mexico. If there is compliance, the DGIF will issue the animal health import certificate, which has to be 
submitted together with the import declaratio n. If the requirements are not specified in 
the module, a request for an animal health re quirements sheet (HRZ) for import must be 
submitted (either in person or by post) to the Animal Health DG or the offices designated 
by SAGARPA. After receiving the request, th e Directorate of Imports and Exports (in 
SAGARPA's Animal Health DG) has five days in which to decide whether: (a) to issue an HRZ or not; (b) to refuse the HRZ because the good involves a risk of introducing 
diseases or pests into Mexican territory; or (c) a risk analysis of the product in question 
is required. If an analysis or additional information is required, the Directorate of 
Imports and Exports issues a final decision within 90 days of the date on which the necessary information is made available to it. In the final decision, SAGARPA must: 
(a) determine the requirements to be met for import; or (b) transmit a negative 
response (Articles 1, 10 and 11 of the Decision establishing the module in respect of animal health).  
 To import products that involve risk s for aquaculture or fisheries health , certain 
sanitary requirements have to be met. These may be viewed in the online module, introduced in 2012.
148 Online consultation has replaced the earlier requirement that 
these formalities be conducted in person. The requirements prescribed in the module are 
mandatory in order to obtain an aquaculture health certificate for import. This certificate 
is issued by the agricultural health services following verification by SENASICA. If the requirements cannot be found in the module, they may be requested electronically.
149 
After the request has been made, within a period of ten days SENASICA decides 
whether: (a) the species is subject to regulation; (b) its import is banned; (c) a risk analysis is required; or (d) the requirements applicable already exist in the module. If a 
                                               
146 Decision establishing the module of phytosanitar y requirements for the im port of goods regulated 
by SAGARPA in respect of plant heal th. The module can be viewed at: http://sistemas2.senasica.gob.mx/mcrfi . 
147 Decision establishing the means for consultation  of the requirements for import into national 
territory of goods regulated by SAGARPA, in respect of animal health. The module can be viewed at: 
http://sistemas2.senasica.gob.mx/mcrz . 
148 Decision establishing a module for health requir ements for the import of aquatic species, their 
products and byproducts, and biological , chemical, pharmaceutical or food products for use or consumption by 
such species.  
149 The module may be viewed at: http://sistemas2.senasica.gob.mx/mcra . The request for the 
aquaculture health measures is made using the electronic form Consulta de Medidas de Sanidad Acuícola a 
la Dependencia , which can be completed at: 
http://www.senasica.gob.mx/?proc eso=formulario&Idformulario=4 . WT/TPR/S/279/Rev.1 • Mexico 
 
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  risk analysis is required, once it has been  conducted, SENASICA has to determine the 
import requirements or refuse the import (Articles 7, 8 and 9 of the Decision prescribing the requirements).  
 For wildlife species and their products, and forest products , a forestry 
phytosanitary import certificate, issued by the DG of Forestry and Soil Management, is 
required. The Decision determining the classification and coding of goods whose import is subject to regulation by SEMARNAT identi fies those products subject to: a permit or 
certificate under the Convention on International Trade in Wild Species of Fauna and 
Flora (CITES)
150; an import authorization issued by the DG of Wildlife; or a phytosanitary 
certificate issued by the DG of Forestry an d Soil Management or other SEMARNAT offices 
(Articles 1, 2 and 5 of the Decision). Furthermore, all the products listed in the 
SEMARNAT Decision must undergo physical inspection when entering Mexican territory. 
The provisions in these decisions do not gi ve exemption from compliance with any other 
requirement or regulation to which the go o d s  t o  b e  i m p o r t e d  m a y  b e  s u b j e c t ,  f o r  
example, those on wooden packing or packaging.151 
 To import products involving a risk to human health152 sanitary control by the 
Ministry of Health is required.153 The Decision determining the classification and coding 
of goods and products whose import, export, inward clearance and exit are subject to 
sanitary regulation by the Ministry of Health establishes the lists of products requiring sanitary authorization prior to import (for example, tobacco), an inward clearance authorization, a sanitary import notification, or a copy of the sanitary registration.
154 
Importers of the products listed must presen t the relevant authorization together with 
the import declaration or prove compliance with the labelling requirements, as appropriate (Articles 1-6 of the Decision). Importers of such products must also be 
domiciled in Mexico.
155 For products that do not require a prior import permit pursuant to 
the General Law on Health (Article 286 bis), a sanitary certificate issued by the 
competent authority in the country of origin has to be submitted and the Ministry of 
Health has to be notified of the entry and destination of the goods.  
3.124.  At July 2012, 54 NOMs relating to animal health were in force, 38 on plant health, eight on 
food safety and four on forest health.156 
3.125.  Between January 2007 and October 2012, Mexico submitted to the WTO SPS Committee 
16 notifications relating to sanitary and phytosanitary regulations, including notifications on draft 
NOMs (6), emergency NOMs (4), laws and decisions (3) and amendments (3).157 
3.2.11.3  Risk analysis and conformity assessment 
3.126.  Depending on the relevant legislation, the sanitary and phytosanitary measures applied by 
Mexico when evaluating risks for human, animal and plant life or health take into account the scientific evidence and the risk assessment techniques developed at the international level.
158 
                                               
150 This applies to wildlife species. 
151 The authorities have indicated that in 2010 duplic ate regulations were eliminated and the list of 
hazardous waste requiring the presentation of an  import or export authorization was updated. 
152 For example, medicines, food stuffs, beverages, perfumery, co smetic and cleaning products, 
tobacco, pesticides, plant nutrients,  biotechnology products, food supple ments, raw materials and additives 
used to prepare the aforementioned products, substances that  are toxic or hazardous to health, and food 
supplements. 
153 Articles 284 and 298 of the General Law on Health. 
154 Decision determining the classification and codi ng of goods and products whose import, export, 
inward clearance or exit are subject to sanitary regu lation by the Ministry of Health, published in the 
Official Journal of 27 September 2007. The latest reform was published in the Official Journal of 23 March 2012. 
155 Article 285 of the General Law on Health. 
156 In comparison with the previous Review, in August 2007 60 NOMs on animal health were 
in force, 41 on plant health, six on f ood safety and six on forest health. The NOMs on animal and plant health 
and food safety can be view ed on SENASICA's website: http://www.senasica.gob.mx/?id=647 . 
157 Data provided by the authorities. 
158 Articles 15 and 164 of the Federal Animal Health Law, published in the Official Journal of 
25 July 2007; the latest amendment was published on 7 June 2012. Articles 3 and 20 of the Federal Plant WT/TPR/S/279/Rev.1 • Mexico 
 
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  3.127.  SENASICA, in coordination with other competent authorities, is responsible for 
international trade-related risk analysis. SENASICA's objective is to design, organize and assess qualitative and quantitative risk analyses relating to animal, aquaculture and fisheries health, and to propose measures to manage the risk so as to arrive at an acceptable level. It also has the task 
of examining import applications in order to determine the sanitary requirements and participate in 
their analysis with a view to accepting or refusing import on scientific grounds.
159 
3.128.  In assessing conformity, the authorities re ly on private certification bodies, verification 
units, testing laboratories and outside experts approved by SAGARPA or SEMARNAT, as applicable, 
in accordance with the procedures laid down in the LFMN and its implementing regulations. In the forestry sector, SEMARNAT has a reference la boratory for forest parasitology analysis. 
3.2.11.4  Other products regulate d on grounds of sanitary risk 
3.129.  There have been no major changes to the legislation on genetically modified 
organisms (GMOs) since the previous Review. The commercial release, marketing, import or export of GMOs is governed by the Law on Biosafety of Genetically Modified Organisms.
160 Under 
this Law, such activities require a permit i ssued by the competent authority (SAGARPA or 
SEMARNAT).161 The marketing or import of GMOs for human use or consumption requires 
authorization from the Ministry of Health. Maize, cotton and soya beans were some of the 
biotechnology products approved in 2011 for sale in Mexico for human or animal consumption.162 
The Interministerial Commission on Biosafety an d Genetically Modified Organisms (CIBIOGEM) is 
still responsible for coordinating government policy on the use of GMOs (Articles 1 and 2).163 
3.130.  Mexico also has regulations on the import of pharmaceutical and food products for animal 
use or consumption, which must be registered or authorized. Among the relevant NOMs is 
NOM-064-ZOO-2000, which lays down technical and scientific criteria for the classification, prescription, sale and use of the active ingredients used to produce veterinary pharmaceutical 
products according to their risk level.
164 
3.3  Measures directly affecting exports 3.3.1  Registration and documentation 
3.131.  There has been no major change to the ex port requirements since the previous Review. All 
exporters must submit an export declaration to the customs, through a customs agent or in-house 
customs broker, accompanied by a commercial invoice and, documents proving compliance with the regulations and non-tariff restrictions on exports (Article 36 of the Customs Law). All exporters 
must be listed in the Federal Register of Taxpayers. 
3.132.  Exporters of the following products must also be enrolled in the Register of Sectoral 
Exporters (number of tariff headings in brackets):
165 
 alcohol, denatured alcohol and non-crystallized honey (6); 
 beer (1); 
                                                                                                                                               
Health Law, published in the Official Journal of 5 January 1994; the latest amendment was published on 
16 November 2011.  
159 For animals and animal products, SENASICA conduc ts this examination through the Directorate of 
Epidemiology and Risk Analysis and for plants through the Directorate of the National Phytosanitary Reference 
Centre.  
160 Published in the Official Journal of 18 March 2005. 
161 The authorities have indicated that so far permits for release into the environment have been 
granted for genetically modified so ya beans, wheat, and cotton.  
162 The list of biotechnology products approved for sale can be viewed at: http://www.salud.gob.mx . 
163 CIBIOGEM is composed of those in charge of : SAGARPA; SEMARNAT; the Ministries of Health; 
Public Education; SHCP; SE; together with the Director-General of the National Science and Technology Council. Online information from CIBIOGEM. Viewed at: http://www.cibiogem.gob.mx . 
164 This NOM was published in the Official Journal of 27 January 2003. 
165 This Register is kept by the SHCP. Annex 10 to the General Foreign Trade Rules for 2012 and the 
Law on the IEPS (Article 19, section XI). WT/TPR/S/279/Rev.1 • Mexico 
 
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   tequila (1); 
 fermented alcoholic beverages (wine) (14); 
 distilled alcoholic beverages (liquor) (16); 
 cigars and processed tobacco (9); 
 energizing drinks and concentrates, powders or syrups used to prepare them (10); and 
 iron ores and their concentrates (2).166 
3.133.  All these products, with the exception of ir on ores and their concentrates, are also subject 
to the IEPS (see Chapter 3.3.2). 
3.134.  The registration requirement for energizing drinks and their inputs and for iron ores was 
introduced in January 2011. 
3.135.  Exports benefiting from preferential trea tment by Mexico's trading partners must have a 
certificate of origin. The requirements for obtaining such a certificate in Mexico vary depending on 
the trade agreement. There are two official forms for certificates of origin: (a) a controlled form; 
or (b) a form that may be freely reproduced. Controlled form certificates must be requested from 
the SE. The certificate of origin may also need offi cial endorsement by the SE and prior registration 
in the register of goods eligible for tariff pr eferences and concessions. Depending on these 
requirements, three types of procedure for obtaining a certificate of origin may be 
distinguished (Table 3.10): 
Table 3.10 Requirements for requesting a certificate of origin according to the trade 
agreement 
Features Scope  Description 
Procedure 1   
 No registration 
 Freely reproducible form 
 No endorsement by the 
authorities  NAFTA (United States and 
Canada); 
 Chile; 
 Plurinational State of Bolivia; 
 Costa Rica; 
 El Salvador; 
 Honduras; 
 Guatemala; 
 Nicaragua; 
 Israel. The form of the certificate of 
origin can be freely reproduced 
and, once completed by the 
exporter, no certification by any 
authority is needed, only the 
signature of the exporter. After 
the certificate of origin has been 
completed, the exporter may 
forward it to his client to enable 
the latter to submit it together 
with his import declaration. 
Procedure 2   
 Prior registration 
 Freely reproducible form 
 Endorsement by the 
authorities in the exporting 
country  Colombia; 
 Peru; 
 Uruguay and 
 LAIA, (Brazil; Cuba; Ecuador; 
Paraguay and Uruguay). The exporter must first be 
enrolled in the relevant register of 
eligible products. After 
authorization for registration has 
been obtained, the certificate of 
origin must be completed using a 
freely reproducible form, and is 
then endorsed by the competent 
authorities. 
                                               
166 Second Resolution amending the General Foreign Trade Rules for 2011, published in the 
Official Journal of 11 November 2011. The Resolution came into effect on 12 November 2011. 
 WT/TPR/S/279/Rev.1 • Mexico 
 
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  Features Scope  Description 
Procedure 3   
 Prior registration 
 Controlled reproduction form 
 Endorsement by the 
authorities in the exporting 
country  European Union; 
 EFTA; 
 Japan and 
 GSP. The exporter must first be 
enrolled in the relevant register of 
eligible products. After 
authorization for registration has 
been obtained, a request must be 
made to the SE for the certificate 
of origin, which must then be 
endorsed by the competent 
authorities.  
Source: WTO Secretariat, on the basis of data from the SE. 
3.136.  Where products are subject to registration, exporters must be enrolled in the register of 
goods eligible for tariff preferences and concessi ons before applying for a certificate of origin. 
There are currently two registers: (a) one for FTAs with the European Union and EFTA167; and 
(b) another for trade agreements with Uruguay, Peru and Japan and the LAIA and 
GSP agreements.168 The latter is the outcome of the SE's decision of April 2010 on streamlining 
procedures, which amalgamated the five types of applications related to each of the aforementioned agreements into a single register.
169 
3.137.  In the case of exports to Colombia, since early 2009 an electronic system has been used to 
issue, send and receive certificates of origin ( www.siicex.gob.mx ). As to other certificates of origin, 
all the procedures may be conducted through the single window. 
3.138.  Mexico has an authorized exporters catego ry under which an exporter may dispense with a 
certificate of origin if it exports to European Union or EFTA member countries. Since April 2012, the authorized exporters category has also applied to Japan.
170 During the period under review, 
the value which a firm has to export annually in order to be considered an authorized exporter 
changed twice. In 2008, the threshold wa s lowered from US$5 million to US$200,000171 and in 
November 2012 to US$150,000.172 Exporters of perishable or hand-made goods may also be 
eligible for the authorized exporters category (i rrespective of the value of their exports); since 
April 2012, this has also applied to exporters under the IMMEX programme. In order to be 
recognized as an authorized exporter, the export er must have authorized registration for the 
products to be exported. 
3.3.2  Export taxes and duties 
3.139.  The types of export taxes and duties applied by Mexico remain the same as those indicated 
at the time of the previous Review. Mexico impose s the DTA on exports, together with an export 
tax on certain goods. 
3.140.  Exports (and imports) are subject to payment of the DTA, unless the goods are going to 
one of the following countries with which Mexico has a trade agreement: th e Plurinational State of 
Bolivia, Canada, Costa Rica, Chile, Colombia, El Salvador, Guatemala, Honduras, Nicaragua and 
                                               
167 Register of products eligible for tariff prefer ences and concessions European Union and European 
Free Trade Association.  
168 Single register of goods eligible for tariff preferences of the LAIA, the free trade agreement 
between the United Mexican States and Uruguay (FTA Uruguay), the trade integration agreement between the 
United Mexican States and the Republic of Peru (Peru Agreement), the agreement on strengthening the economic association between the United Mexican States and Japan (Japan Agreement) and the Generalized System of Preferences (GSP).  
169 Decision amending various provisions in orde r to streamline procedures applied by the SE, 
published in the Official Journal of 22 April 2010.  
170 Article 39B of the Economic Association Agr eement between Mexico and Japan and the Decree 
enacting the protocol amending the agreement strengthening the economic association between the United Mexican States and Japan, signed in Mexico City on twenty-two September two thousand and eleven, published in the Official Journal of 30 March 2012.  
171 Decree granting administrative facilities for cu stoms and foreign trade purposes, published in the 
Official Journal of 31 March 2008, which entered into force on 14 April 2008. 
172 Decree amending the miscellaneous provision gran ting administrative facilities for customs and 
foreign trade purposes, published in the Official Journal of 1 November 2012. WT/TPR/S/279/Rev.1 • Mexico 
 
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  the United States, and provided that the transaction is covered by the agreement. In 
September 2012, the flat rate for the DTA was Mex$250.57 (around US$19) per transaction.173 
3.141.  Mexico imposes export taxes on 25 tariff headings (Table 3.11). Neither the number of 
headings to which the tax applies nor the rates applied have changed since the previous Review. 
The rate is usually 50%, except for bitumen, asphalt and bituminous mixtures, to which a rate of 
25% applies. 
Table 3.11 Goods subject to ex port taxes, September 2012 
HS 2012 
subheading Description Ad valorem  duty 
(%) 
0507.90.01 Shells and claws of turtles and parts or waste thereof 50 
1211.90.05 Rauwolfia heterophila root 50 
1302.19.12  Rauwolfia heterophila root byproducts containing the alkaloid called 
reserpine 50 
1302.39.03  Rauwolfia heterophila root byproducts containing the alkaloid called 
reserpine  50 
1506.00.02 Turtle fat or oil 50 
2714.90.99  Other bitumen and asphalt 25 
2715.00.99 Other bituminous mixtures 25 
3001.90.01 Human organs or tissue for therapeu tic purposes, teaching or research 50 
3001.90.02 Biological cardiac valve prostheses 50 
3001.90.03 Bone substances 50 
3001.90.04 Phospholipids of cerebral grey matter in powder form 50 
3001.90.06 Heparionoid 50 
3001.90.99 Other 50 
3002.10.14 Human globular packages 50 
3002.90.01 Bacteriological cultures for hypode rmic or intraven ous injections; 
lyophilized lactic bacillus 50 
3002.90.02 Diphtheria antitoxin 50 
3002.90.03 Human blood 50 
3002.90.99 Other 50 
3301.90.05 Alcoholate, extracts or tinctures derived from Rauwolfia heterophila root 
containing the alkaloid called reserpine 50 
4301.80.03 Skins of wildcats, tiger ocelots and ocelots 50 
4302.19.01  Tanned or dressed furskins of wildcats, tiger ocelots and ocelots 50 
4302.20.01  Heads, tails, paws and ot her pieces or cuttings of wildcats, tiger ocelots 
and ocelots, not assembled 50 
4302.30.01  Whole skins and pieces or cuttings thereof of wildcats, tiger ocelots and 
ocelots, assembled 50 
9705.00.06 Articles of historic, palaeontological or ethnographic interest that have 
not been declared archaeological or historic monuments by the Ministry 
of Public Education 50 
9706.00.01 Antiques of an age exceeding 100 years 50 
Source: WTO Secretariat based on the LIGIE, published in the Official Journal of 18 June 2007. The latest 
reform was published in the Official Journal of 13 September 2012. 
3.142.  Products subject to the IEPS are exempt fr om its payment if they are intended for export, 
but they must be listed in the Register of Sect oral Exporters (with the exception of petrol and 
diesel fuel, which do not have to be registered).174 
3.3.3  Export prohibitions, regulations and permits 3.143.  In September 2012, Mexico banned the export of products classified in 27 tariff headings. 
These are the same prohibitions as those in force at the time of the previous Review.
175 
                                               
173 Article 49 (section V) of the Federal Law on Duty (published in the Official Journal of 
31 December 1981; the latest amendment was published on 9 April 2012) and Rules 5.1.1-5.1.3 of the General Foreign Trade Rules for 2012. 
174 Articles 8 (section II) and 19 (section XI) of the Law on the IEPS.  
175 The ban concerns the following HS 2007 tariff headings: 0301.9901, 0302.6902, 0303.7901, 
0410.0001, 1207.9101, 1208.9003, 1209.9907, 1211.9002, 1302.1102, 1302.1902, 1302.3904, 2833.2903, WT/TPR/S/279/Rev.1 • Mexico 
 
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  3.144.  Mexico requires a prior export permit for petroleum products, diamonds in the rough and 
iron ores (Articles 15 and 21 of the LCE and the Pe rmits Decision) (Table 3.12). Altogether, these 
products represent 21 tariff headings.176 Of these products, only petroleum products required a 
prior export permit at the time of the previous Review.177 Mexico introduced a prior export permit 
requirement for diamonds in the rough in June 2008.178 The permit requirement for iron ores came 
into force in March 2011179 and is scheduled to remain in effect until 31 December 2012.180 
Table 3.12 Goods subject to a prior export permit or automatic export notification 
by the SE, September 2012 
 HS 2012 
subheading Description 
Goods subject to a prior export permit  
Petroleum 
products  2709.00.99 Other (other oils obtained from petrol eum or bituminous minerals, crude) 
2710.12.04 Petroleum spirit, except that included in heading 2710.11.03 
2710.19.04 Gas oil or diesel oil and mixtures thereof 
2710.19.05 Fuel oil 
2710.19.07 Paraffin oil 
2710.19.08 Jet fuel (kerosene) and mixtures thereof 
2710.19.99 Other (petroleum oils) 
2711.12.01 Propane 
2711.13.01 Butane 
2711.19.01 Butane and propane, mixed together, in liquid state 
2711.19.99 Other (petroleum gas and other gase ous hydrocarbons, in liquid state) 
2711.29.99 Other (in gaseous state) 
2712.20.01 Paraffin wax containing by weig ht less than 0.75% of oil 
2712.90.02 Micro-crystalline wax 
2712.90.04 Waxes, except those included in headings 2712.90.01 and 2712.90.02 
2712.90.99 Other (petroleum jelly, paraffin wax, petroleum wax) 
Diamonds  7102.10.01 Unsorted 
7102.21.01 Unworked or simply sawn, cleaved or bruted 
7102.31.01 Unworked or simply sawn, cleaved or bruted 
Iron ores  2601.11.01 Non-agglomerated. Only: hematite; magnetite 
2601.12.01 Agglomerated. Only: hematite; magnetite 
Goods subject to automatic notification of export 
Tomatoes  0702.00.01 "Cherry" tomatoes 
0702.00.99 Other. Except: husk tomatoes or green tomatoes 
Source: WTO Secretariat on the basis of the Decision establishing the classification and coding of goods 
whose import or export is subject to a prior permit from the SE, publ ished in the Official Journal of 
6 July 2007; the latest amendment was published in the Official Journal of 3 September 2012. This Decision is contained in Annex 2.2.1 to the SE Decision issuing General Rules and Criteria for 
Foreign Trade. 
3.145.  Mexico imposes an automatic export notification requirement (permit) for 
tomatoes (Table 3.12). Automatic notifications are authorized the day following the submission of 
the request in full to the SE. Once it has been authorized, the notification may be attached to the 
export declaration. It is valid fo r four months as of its approval.181 
                                                                                                                                               
2903.5202, 2903.5905, 2910.9001, 2931.0005, 2939.1101, 3003.4001, 3003.4002, 3003.9005, 3004.4001, 
3004.4002, 3004.9033, 4103.2002, 4908.9005, 4911.9105, 9705.0005. The headings 0302.6902; 0303.7901; 2903.5202; 2903.5905 and 2931.0005 in HS 2007 were replaced by headings 0302.8901; 0303.8901; 2903.8202; 2903.8903 and 2931.9005 in the HS 2012, respecti vely. The new headings apply to the same 
products. Source: LIGIE, the latest amendment published in the Official Journal of 13 September 2012. 
176 With the transition to the HS 2012, only one of  these headings was amended. Code 2710.11.04 in 
HS 2007 was replaced by heading 2710.12.04 in HS 2012 to designate the same product.  
177 The procedure for obtaining a prior export permit (as well as an import permit) is conducted at the 
SE; it is free of charge and 15 work ing days are required for a reply. 
178 Fifth Amendment to the SE Decision issuing General Foreign Trade Rules, published in the 
Official Journal of 16 June 2008.  
179 Twenty-fourth Amendment to the SE Decision issuing General Foreign Trade Rules, published the 
Official Journal of 18 March 2011. 
180 Thirty-first Amendment to the SE Decision issuing General Foreign Trade Rules, published in the 
Official Journal of 30 December 2011. 
181 Articles 8-10 of Annex 2.2.1 of the Permits Decision. WT/TPR/S/279/Rev.1 • Mexico 
 
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  3.146.  In April 2009, Mexico abolished the prior permit for exports of cement (three headings) to 
the United States.182 
3.147.  Since October 2011, Mexico has required a prior permit for the export of conventional 
weapons, and dual-use goods,  software and technology.183 Moreover, since March 2012, a prior 
authorization from the Ministry of Energy has been required to export (or import) nuclear 
materials and fuels, radioactive materials, equipment generating ionizing radiation, dual-use equipment, goods and technology in the nuclear field.
184 
3.148.  As is the case for imports, other Ministries may impose export restrictions, including prior 
permits, provided that these are submitted beforehand to the Foreign Trade Commission for an opinion.
185 
3.149.  Mexico also has export quotas under its trade agreements with the United States, Canada, 
Colombia, Israel, Brazil, the European Union, EFTA, Argentina and Japan for products such as 
sugar, maize, vehicles, textiles and clothing, footwear, flowers, inter alia, depending on the 
country.186 
3.3.4  Tariff and tax concessions 
3.3.4.1  General features 3.150.  Mexico has continued to promote exports by  means of tariff and tax concessions, notably 
for the manufacturing sector. During the peri od under review, the main export promotion 
programmes remained: 
 the IMMEX programme, introduced in 2006 by the Decree to promote the 
manufacturing, maquila and export services  industry (hereinafter the IMMEX Decree)
187; 
and 
 the import tax refund (drawback) programme. 
3.151.  During the period under review, the IMMEX programme was amended in 2008 and 2010. 
The most important amendments were in December 2010188 when the Export-Intensive 
Enterprises (ALTEX) and the Foreign Trade En terprises (ECEX) programmes were abolished.189 For 
                                               
182 Twelfth Amendment to the SE Decision issuing General Rules and Criteria for Foreign Trade, 
published in the Official Journal of 1 April 20 09. The following are the HS headings: 2523.1001, 2523.2999 
and 2523.9099. 
183 Decision by which the export of conventional  weapons, their parts and components, dual-use, 
software and technology liable to be diverted to th e manufacture and proliferation of conventional weapons 
and weapons of mass destruction is made subject to a prior permit issued by the SE, published in the 
Official Journal of 16 June 2011. The Decision came in to force on 20 October 2011. The latest amendment was 
published in the Official Journal of 22 October 2012.  
184 Decision establishing the classification and coding of goods whose import or export is subject to 
authorization by the Ministry of Energy, published in the Official Journal of 2 March 2012; the latest amendment was published on 18 June 2012.  
185 Article 27 of the LCE. The products requiring expo rt permits from other agencies can be viewed at: 
http://www.siicex.gob.mx/portalSiicex/SICETECA/SICETECA.html . 
186 The bilateral export quotas can be viewed at: 
http://www.siicex.gob.mx/portalSiicex/SICETECA/ Acuerdos/Cupos/Cupos%20x %20PRODUCTO/Cupos%20por
%20producto.htm . 
187 Decree amending the miscellaneous provision on  the promotion and operation of the maquila 
export industry, published in the Official Journal of 1 November 2006. This Decree amended the Decree on the 
promotion and operation of the maquila export industry , including its title, which became Decree to promote 
the manufacturing, maquila and export services in dustry (IMMEX Decree). The Decree amalgamated the 
PITEX (Programme on temporary import  for the production of goods for export) and the maquila programmes 
to create the IMMEX programme. 
188 Decree amending the miscellaneous provision on the promotion of the manu facturing, maquila and 
export services industry, published in the Official Journal of 24 December 2010.  
189 The Decrees repealed were: the Decree on th e Promotion and Operation of Export-Intensive 
Enterprises (ALTEX) and the Decree on the Establishment of Foreign Trade Enterprise s (ECEX), which had been 
published in the Official Journal of 3 May 1990 and 11 April 1997, respectively. These Decrees were repealed by the Fourth Transitional Article in the amendments to the IMMEX Decree of 24 December 2010. WT/TPR/S/279/Rev.1 • Mexico 
 
- 87 - 
  companies benefiting from an ALTEX and/or ECEX programme, it was provided that the plan would 
remain in force and would continue to operate under the original terms, provided that the 
beneficiaries submitted an annual report on their foreign trade transactions. If they failed to do so, the respective plans would be cancelled and could not be renewed.
190 
3.152.  Since the previous Review, Mexico has notified the WTO, under Article 25 of the 
SCM Agreement, that it applies subsidies in th e fisheries and aquaculture sector, the forestry 
sector and high-technology industries.191 
3.153.  Mexico also has PROSEC programmes under which firms producing certain goods may 
import inputs to manufacture specific products at preferential tariff rates, irrespective of whether 
or not the final products are exported (see Chapter 3.4). 
3.154.  In September 2012, 5,515 and 3,504 firms benefited from the IMMEX and 
PROSEC programmes, respectively.192 
3.3.4.2  The IMMEX programme 3.155.  With the aim of bolstering the competitiv eness of the export sector, Mexico applies the 
IMMEX programme, which is of considerable importance to its trade. On average, firms taking part 
in the IMMEX programme accounted for 66.2% of Mexico's exports and 47.2% of its imports over the period 2007 to 2011 (Chart 3.6).
193 
Chart 3.6 Mexico's exports and imports by type of regime, 2007-2011 
 
0100200300400
2007 2008 2009 2010 2011Total exports Total imports
Immex non-ImmexUS$ billion US$ billion
0100200300400
2007 2008 2009 2010 2011
 
 
Source: WTO Secretariat, one the basis of information provided by the authorities. 
                                               
190 Fourth Transitional Article in the amendments to the IMMEX Decree of 24 December 2010. 
191 WTO documents: G/SCM/N/220/MEX of 16 June  2011; and G/SCM/N/95/MEX, G/SCM/N/123/MEX, 
G/SCM/N/155/MEX and G/SCM/N/186/MEX of 2 December 2011. 
192 Information provided by the authorities. 
193 In 2011, 63.6% of Mexico's exports and 49% of its imports were by companies benefiting from the 
IMMEX programme. During the period under review, th ese percentages only changed slightly. The share of 
IMMEX exports as a percentage of total exports rang ed from 63.6% (2007) to 68. 2% (2010), while the share 
of IMMEX imports ranged from 43.1% (2008) to  51.6% (2010). WT/TPR/S/279/Rev.1 • Mexico 
 
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  3.156.  The IMMEX programme was introduced in 2006 and allows temporary import of the goods 
needed to produce, transform or repair goods from abroad for subsequent export and to provide export services, free of import tariffs and VAT.
194 The programme combined the benefits of the 
maquila programme and the PITEX.195 Implementation started in November 2006 and was 
completed in January 2008. 
3.157.  In 2010, the ALTEX programme and ECEX registration were abolished and their benefits 
incorporated into the IMMEX programme.196 The ALTEX programme gave administrative and tax 
facilities to exporters of non-petroleum goods having a certain volume of sales. ECEX registration 
provided administrative facilities and financial support from the development bank for companies 
selling a specified volume of goods abroad.197 The programmes in effect up to December 2010 
continue in accordance with the terms originally granted as long as the companies in the 
programme comply with the obligations thereunder. 
3.158.  To be eligible for an IMMEX programme, a company must, inter alia : export for an amount 
exceeding US$500,000 annually or at least 10% of its total sales; have a maquila198 or sales 
contract, orders or requests proving the existenc e of an export plan; be listed in the Federal 
Register of Taxpayers; and undergo an insp ection visit by the SE to the site of 
operations (Article 11 of the IMMEX Decree). The SE must respond to the application 
within 15 days. 
3.159.  The programme has five different options authorized by the SE depending on the type of 
company (Table 3.13), and covers three categories of input:199 
 raw materials, parts and components; fuels, lubricants and other materials; packing and 
packaging; labels and information sheets; 
 containers and trailer boxes; 
 machinery, equipment, tools, instruments, moulds and spare parts; equipment and 
appliances related to the production process; and equipment for administrative 
development. 
3.160.  The time-limits for remaining in Mexican territory vary depending on the type of input and 
have not changed since the previous Review. 
                                               
194 Article 29 of the Law on the Value Added Tax. 
195 Decree on the promotion of the manufacturing, maquila and export serv ices indust ry (IMMEX),  
published in the Official Journal of 1 November  2006. The latest amendment was published in the 
Official Journal of 24 December 2010.  
196 These programmes were repealed by the Fourth Transitional Article in the amendments to the 
IMMEX Decree of 24 December 2010.  
197 Companies falling into the following categories  were eligible for the programme (a) "export 
consolidators"; and (b) "export promoters". "Export conso lidators" are defined as those whose main activity is 
combining and consolidating goods for export, have mi nimum capital of Mex$2 million and export products 
from at least five producers. "Export promoters" are those whose main activity is selling goods on international 
markets, have minimum capital of Mex$200,000 and export goods from at least three producers. ECEX companies also had to undertake to export a mi nimum value of US$250,000 during the first fiscal year 
following their registration, in the case of export promoters, and US$3  million for export consolidators. 
198 A maquila operation is defined as  "an industrial process or serv ice intended for the processing, 
transformation or repair of goods from a foreign source temporarily imported for export or to provide export 
services" (Article 2 of the IMMEX Decree). 
199 Article 4 of the Decree on the promotion of the manufacturing, maquil a and export services 
industry,  published on 1 November 2006. The latest amendment was published in the Official Journal 
of 24 December 2010. WT/TPR/S/279/Rev.1 • Mexico 
 
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  Table 3.13 Options under the IMMEX programme 
Programme option Description 
IMMEX Holding 
companies  Where the same programme encompasses manufacturing by a certified enterprise 
called the holding company and one or more firms controlled by it.  
IMMEX Industrial Where an industrial process is used to proc ess or transform goods intended for export. 
IMMEX Services Where services are provided for goods for export or export serv ices are supplied, solely 
for the development of activities determined by the SE after seeking the opinion of the 
SHCP.  
IMMEX 
Accommodation Where one or more foreig n companies provide the te chnology and production 
materials, without directly implementing the programme. 
IMMEX Tertiary  Where a certified firm that does not have its own production facilities engages in 
manufacturing through third parties registered under the programme.  
Source: Article 3 of the Decree on the promotion of  the manufacturing, maquila and export services 
industry (IMMEX), published on 1 November 2006. The latest amendment was published in the Official Journal of 24 December 2010. 
3.161.  In addition to exemption from import taxes and VAT, other tax concessions concerning the 
ISR and the flat-rate business tax (IETU) may be granted under the IMMEX, subject to certain 
conditions.200 Nevertheless, to obtain any of the benefits relating to the ISR or IETU there must be 
a double taxation treaty between Mexico and the co untry of residence of the foreign firm operating 
under the IMMEX programme. According to the auth orities, this is necessary to avoid double 
taxation. 
3.162.  A company under the IMMEX programme  may also concurrently benefit from a 
PROSEC programme, provided that it meets the necessary requirements.201 
3.3.4.3  Import Duty Drawback Programme for Exporters 
3.163.  There has been no change to the Import Duty Drawback Programme for Exporters since 
the previous Review.202 It allows beneficiaries to obtain refund of duty paid on the import of goods 
or inputs incorporated into goods for export or goods that are re-exported without being 
transformed. The drawback request must be su bmitted within 90 days following export and 
within 12 months of the date of on which the goods were imported. 
3.3.5  Export financing, insurance and guarantees 
3.164.  The National Foreign Trade Bank (Bancomext) remains the leading institution for export 
financing. It is a government entity  and offers a wide range of products203 to companies involved 
or seeking to become involved in foreign trade.204 Since the previous Review, Bancomext has 
introduced new products that are increasingly specialized according to the sector (for example, the 
automotive sector) or the size of the companies. 
3.165.  The principal instruments used by Bancomext to provide financial support are: short, 
medium and long-term loans; letters of credit; credit guarantees; international factoring; and 
export credit insurance (through its insurance br anch CESCE, credit insurance) (Table A3.2). 
Bancomext also provides trust services . In 2011, it gave financial support amounting 
                                               
200 Articles 2 and 216 bis of the Income Tax Law, published in the Official Journal of 1 January 2002; 
the latest amendment was published on 25 May 2012. Article 1 of the Law on the Flat-Rate Business Tax, published in the Official Journal of 1 October 2007. Decree granting various tax benefits to the taxpayers indicated therein, published in the Official Journal of 30 October 2003. Decree granting various tax benefits in relation to income tax and the flat-rate business tax, published in the Official Journal of 5 November 2007 and the amendments thereto published in the Official Journal of 5 November 2007 and 12 October 2011. Decree 
compiling various tax benefits and determining measures for administrative simplification, published in the Official Journal of 30 March 2012. 
201 Article 7 of the Decree on the promotion of the manufacturing industry, maquila industry and 
export services, published on 1 November 2006. The latest amendment was published in the Official Journal of 24 December 2010.  
202 Decree establishing the drawback of import duty fo r exporters, published in the Official Journal of 
11 May 1995. The latest amendment was published on 29 December 2000. 
203 Bancomext offers products in relation to development banking (first tier) and 
business (second tier). 
204 Organic law on the National Foreign Trade Bank, published in the Official Journal of 
20 January 1986. The latest amendment was published in the Official Journal of 9 April 2012.  WT/TPR/S/279/Rev.1 • Mexico 
 
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  to US$5,287 million, of which US$4,839 million were for financing and US$448 million for 
guarantees and security. Bancomext also offers produc ts intended for specific activities such as the 
maquila industry, and activities in the automotive and vehicle parts industry, transport, logistics, 
tourism, electronics and energy.205 In 2011, the following sectors received Bancomext 
financing (percentage of the total in brackets): manufacturing and services (58.5%); mining and 
metallurgy (18.9%); agriculture and agri-business (12.1%); and tourism (10.4%).206 
3.166.  The products offered by Bancomext depend on the size, characteristics and projects of the 
company as well as on sectoral programmes. Du ring the period under review, Bancomext launched 
two financial products aimed at small and medium-sized enterprises (SMEs): international factoring and a financing programme for exporting and importing SMEs. As a general rule, the financing programmes for SMEs are for up to US$3 million. 
3.167.  The authorities have indicated that the programme for exporting and importing SMEs is 
implemented through Mexican commercial banks. These grant financing to SMEs and Bancomext guarantees the loans.
207 The aim of this mechanism is to reach the largest number of companies 
through agencies of banks implementing Bancomext programmes. 
3.168.  Nacional Financiera, another Mexican development bank, also offers medium and 
long-term lines of credit to finance the import of  raw materials, inputs, spare parts, machinery, 
equipment and services, and for pre-export and export operations. It also has several financing 
programme to boost economic activities by businesses in general (see Chapter 3.4.1.3).208 
3.3.6  Export promotion 3.169.  ProMexico was set up in June 2007 and is the Federal body responsible for promoting 
foreign investment, Mexican exports and the internationalization of Mexican firms.
209 ProMexico 
provides economic and technical support to companies involved in or seeking to become involved in foreign trade. Its services include advice an d training, together with economic support for 
market research, sending samples abroad, busine ss trips, designing marketing campaigns, etc.
210 
Between 2007 and 2012, ProMexico's bu dget rose from Mex$800 million 
to Mex$1,114 million (i.e. from US$60.6 million to US$84.4 million).211 
3.170.  In addition to ProMexico, the SE and the Joint Export Promotion Commission (COMPEX) 
continue to play an important role in promoting exports. COMPEX is a subsidiary commission of the Federal Executive (Article 7 of the LCE) and prom otes coordination between the public and private 
sectors with a view to streamlining export procedures and reducing technical barriers. 
3.171.  The SE still implements th e exportable supply programme to support and promote exports 
by MSMEs and large enterprises. The SE's Director ate-General of Exportable Supply is responsible 
for managing this programme and for coordinating COMPEX activities. One of the DG's main 
objectives is to disseminate information on the export process among MSMEs in Mexico. For this 
purpose, the SE still implements the following: 
                                               
205 Intended for companies in the transport and logistics sector which are directly or indirectly involved 
in the foreign trade chain. 
206 Bancomext (2012). 
207 These guarantees are granted to  banks via various mechanisms an d for different sectors when so 
required. 
208 Online information from Nacional Financiera, viewed at: 
http://www.nafin.com/portalnf/content/home/home.html . 
209 Decree ordering the establishment of the Public Trust, deemed to be a parastatal body, entitled 
ProMexico, published in the Official Journal of 13 June 2007; the latest amendment was published in the Official Journal of 29 February 2008. Organic Charter of ProMexico, published in the Official Journal of 10 March 2011.  
210 Viewed at: http://www.promexico.gob.mx/es_mx/promexico/Servicios  (August 2012). 
211 Schedule for the budget authoriz ed for the SE, its decentralized de partments, the National Centre 
for Metrology, ProMexico, the Federal Consumer Prot ection Agency and the Mexican Geological Service, 
published in the Official Journal of 29 December 2012.  WT/TPR/S/279/Rev.1 • Mexico 
 
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   The National Scheme for Guidance to Exporters, whose aim is to furnish a free and 
personalized advisory service on the export  process through a network of Modules for 
the Guidance of Exporters (MOEs).212 In November 2012, there were 62 modules. 
 PYMEXPORTA centres, which are forums for business giving training and technical 
assistance for the participation and developm ent of MSMEs in the export process. There 
were 26 PYMEXPORTA centres in Mexico in November 2012.213 
 The National Export Award, which is the highest form of recognition given to businesses, 
institutions and organizations that have distinguished themselves in the area of 
international trade. This Award helps to make foreign trade-related companies and institutions more competitive by evaluating and identifying the most effective strategies and then disseminating them throughout Mexico. 
3.172.  Exporters are also eligible for the various business training programmes offered by the 
Nacional Financiera, which include courses to make the export process better known and to make recommendations on successful entry into markets. 
3.173.  Mexico's states also have export promotion programmes. 
3.4  Other measures affecting production and trade 3.4.1  Incentives 
3.174.  Mexico has a large number of business and sectoral support programmes. These are 
intended for any type of business, but mainly for MSMEs; they basically consist of financial assistance, tax incentives and technical training. There are currently various programmes offering tax and financial support managed by different Federal bodies, notably the SHCP and the SE. 
These include the PROSEC programmes and their tariff concessions, as well as the tax concessions 
concerning payment of IR and IETS, consum ption of diesel fuel and the import of 
environmentally-friendly machinery. In addition to the Federal programmes, the states also have 
support programmes. 
3.175.  There have been several changes at the institutional level and in support programmes 
since the previous Review. In July 2012, the SE's Interministerial Industrial Policy 
Commission (CIPI) was dissolved; its task had been to coordinate and evaluate business support 
programmes and action by Federal Government agencies and bodies.
214 The CIPI was abolished as 
its responsibilities had been superseded by those given to the Undersecretariat of Small and Medium-sized Enterprises in the SE.
215 There were also changes to the PROSEC programmes. The 
authorities have indicated that various incentives under the Revenue Law such as credit for the 
cost of research and the development of technology , or the IEPS for diesel fuel for the merchant 
fleet, have also been eliminated. 
3.4.1.1  Tax incentives 
3.4.1.1.1  PROSEC programmes 3.176.  Since 2002, Mexico has granted tariff concessions to specific sectors through its 
PROSEC programmes.
216 These enable firms producing specific goods to import inputs and 
machinery intended to produce such goods at a pr eferential tariff, irrespective of whether the 
goods are for the domestic market or export. Th e programme indicates the imported inputs and 
final products covered for each sector, together with their tariff headings.217 The programmes' 
benefits are only granted for inputs included in the sector in question, and they cannot be used for 
                                               
212 The location of these MOEs can be viewed at: www.contactopyme.gob.mx/moes . 
213 They can be viewed at: http://www.pyme.gob.mx/cpyme/oferta/mapa.asp . 
214 Decree repealing the instruments indicated therein, published in the Official Journal of 4 July 2012. 
215 Law on developing the competitiveness of MS MEs, published in the Official Journal of 
30 December 2002. The latest amendment was published in the Official Journal of 18 January 2011. 
216 Decree establishing various sectoral promotion pr ogrammes, published in the Official Journal of 
2 August 2002. The latest amendment was publishe d in the Official Journal of 26 December 2011. 
217 Articles 4 and 5 of the Decree establishi ng various sectoral promotion programmes. WT/TPR/S/279/Rev.1 • Mexico 
 
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  other purposes. In 2007 and 2008, two new sectoral programmes were added, so that in 2012 
there were 24 programmes in all. The two new programmes are for the food industry218 and the 
fertilizer industry.219 The other programmes apply to the following sectors: electricity; electronics; 
furniture; toys, games and sports articles; footwear; mining and metallurgy; capital goods; 
photography; agricultural machinery; chemicals; rubber and plastic articles; iron and steel 
industry; medical equipment, medicines and pharmaceuticals; transport (except for the automotive industry); paper and paperboard; wood ; hides and skins; automotive industry and 
automobile parts; textiles and made-up articles; chocolates, confectionery and the like; coffee and 
various industries.  
3.177.  There was a certain erosion of tariff concessions granted under PROSEC programmes 
during the period under review. In December 2011 , the tariffs applicable to PROSEC beneficiaries 
ranged from 0 to 10% (Table 3.14), whereas at the time of the previous Review the highest 
applied tariff was 5%. For the food industry, the only concessions apply to inputs for the sugar industry.  
3.178.  During the period under review, the sectoral programmes were revised six times.
220 New 
tariff headings were included in the programmes as  part of these revisions, whilst others were 
removed.221 The headings removed were those whose tariff was the same as or higher than the 
MFN tariff following the tariff reduction programme launched in 2008 so it was no longer necessary 
for them to remain covered by a PROSEC programme.222 In December 2011, a total of 3,005 tariff 
headings relating to inputs were covered under  PROSEC programmes, whereas in December 2007 
there had been 6,185.223 In September 2012, 3,533 firms had an authorized 
PROSEC programme.224 The procedures for obtaining authorization for a programme remain the 
same, they are still valid for one year and are automatically renewed, provided that the beneficiary submits to the SE its annual report on the activities carried out under the programme.
225 
Table 3.14 Number of tariff headings for inputs covered by the various 
PROSEC programmes, December 2011 
Programme Number of tariff headings for inputs, by tariff level (%) 
0 2.5 3 5 7 10 Total 
Electricity 141 3  141   285 
Electronics 606      606 
Furniture 224   8  3 235 
Toys, recreational games and sports 
articles 188      188 
Footwear 14  1 24   39 
Mining and metallurgy 5   43   48 
Capital goods 31   54 1  86 
Photography 29   3   32 
Agricultural machinery 53      53 
Miscellaneous industries 68 1 1 46   116 
                                               
218 Decree amending various tariffs in the tariff sch edule in the LIGIE, Decree establishing various 
sectoral promotion programmes and th e miscellaneous provisions establishing the general import tax rate 
applicable for 2007 for goods originating in certain countries with which Mexico has signed trade treaties or agreements, published in the Official Journal of 27 December 2007. The aim of the food promotion programme 
is to promote the dairy, meat, fisheries, oilseeds, fl ower-growing, fruit and vegetables, cereals and beverages 
industries. 
219 Decree amending the tariff schedule in the LIGIE and Decree establishing various sectoral 
promotion programmes, published in the Official Journal of 27 May 2008. 
220 The amending decrees were published in the Official Journals of 27 December 2007, 4 March 2008, 
27 May 2008, 16 December 2009, 23 September 2010, and 26 December 2011. 
221 For example, the following programmes were intr oduced: electronics, chemicals, the automotive 
industry, furniture, toys, rubber an d plastic (Decree amending the tari ff schedule in the LIGIE, Decree 
establishing various sectoral promot ion programmes, and the miscellaneous provisions establishing the general 
import tax for the northern border region and the rate of  the general import tax applicable to goods originating 
in certain countries with which Mexico has signed trade treaties or agreements, published on 16 December 2009). 
222 For example, 230 tariff headings were removed under the Decree amending the tariff schedule in 
the LIGIE and the Decree establishing various sectoral promotion programmes, publishe d in the Official Journal 
of 26 December 2011. 
223 Data provided by the authorities. 
224 Idem. 
225 Article 7 of the Decree establishing various sectoral promotion programmes. WT/TPR/S/279/Rev.1 • Mexico 
 
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  Programme Number of tariff headings for inputs, by tariff level (%) 
0 2.5 3 5 7 10 Total 
Chemicals 69  2 64 8  143 
Rubber and plastic articles 20   27 3  50 
Iron and steel 38   36   74 
Pharmaceutical products, medicines 
and medical equipment 15   23 1  39 
Transport, except for the 
automotive industry and automobile 
parts 120   10   130 
Paper and paperboard 8   10   18 
Wood 6   17  3 26 
Hides and skins 16  5    21 
Automotive industry and automobile 
parts 555  115 22  1 693 
Textiles and made-up articles 42  1 38 2 3 86 
Chocolates, confectionery and 
the like 1      1 
Coffee 10   5   15 
Food 21      21 
Total  2,280 4 125 571 15 10 3,005 
Source: WTO Secretariat on the basis of data provided by the authorities. The data  reflect Article 5 of the 
Decree establishing various sectoral promotion programmes, in line with the latest amendment 
published on 26 December 2011. 
3.4.1.1.2  Other tax incentives 
3.179.  Mexico also grants tax incentives for: payment of the ISR and the IEPS, consumption of 
diesel fuel, use of environmentally-friendly machinery, inter alia (Table 3.15). Several programmes 
in existence at the time of the previous Review remain in effect. New programmes have been 
added such as the support for the mainstream film and audiovisual industry (2010) whilst others 
have been eliminated, for example, the tax incent ive for research and development of technology 
projects (Box 3.3).226 
Table 3.15 Tax incentives for the pr omotion of economic activities 
Name of the programme Description Legal instrument 
Ministry of Finance and Public Credit (SHCP)  
Consolidation for income-tax 
purposes Holding companies resident in Mexico and owning over 50% 
of the shares with voting rights in another controlled 
company or companies may consolidate taxable income for 
income-tax purposes. 
This benefit was restricted in the 2010 tax reform by the 
imposition of certain obligations on the holding companies. Article 64 (section II) of the 
Income Tax Law. 
Reduced rate of income tax 
applicable to the primary and 
agribusiness sector Natural or legal persons exclusively engaged in agriculture, 
breeding livestock, fishing or forestry are eligible for a 25% 
reduction in income tax. Article 81 (sections II 
and V) of the Income Tax Law. 
Tax incentives for adaptations 
to facilitate the use of facilities 
by persons with disabilities Taxpayers may obtain 100% depreciation in income tax for 
adaptations made to facilities that involve additions or 
improvements to fixed assets in order to facilitate access 
and use of the facilities by persons with disabilities. Article 40 (section XIII) of 
the Income Tax Law.  
Tax incentives for generating 
energy from renewable sources 100% depreciation allowed for machinery and equipment 
used to generate energy from renewable sources. Article 40 (section XII) of 
the Income Tax Law.  
Tax incentives for fuel (diesel 
fuel) Tax incentive for taxpayers engaged in business activities, 
with the exception of mining, and using diesel as a fuel for 
machinery in general, except for vehicles. The IEPS on the 
diesel fuel is credited against income tax. This incentive is 
available to the agricultural, livestock breeding and fisheries Article 16 (part A, 
section I) of the 
Federation's Income Tax 
Law for 2012. 
                                               
226 In 2010, Article 219 of the Income Tax Law, which established this incentive by means of the 
amendment published in the Official Journal of 7 December 2009, was repealed.  WT/TPR/S/279/Rev.1 • Mexico 
 
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  Name of the programme Description Legal instrument 
sectors which, in addition to the credit, may also request the 
refund of the IEPS provided that they meet the requirements 
laid down. 
Exemption from payment of 
tariffs on imports of inputs, intermediate goods, machinery 
and equipment for research 
and development of technology. Exemption from payment of tariffs on inputs that contribute 
to the development of scientific and technological activities by dedicated institutions that are listed in Conacyt's National 
Register of Scientific and Technological Institutions (tariff 
heading 9806.00.03). Decree on the General 
Import Tax published in the Official Journal 
(18/01/2003). 
Incentives for public transport 
of passengers or freight Tax incentive for persons purchasing diesel fuel for final 
consumption to be used in vehicles exclusively intended for 
the public or private transport of passengers or freight. Article 16 (part A, 
section IV) of the 
Federation's Income Tax 
Law for 2012.  
Incentives for land transport of freight or passengers Tax incentive for persons exclusively engaged in land 
transport of freight or passengers and in private transport of 
freight or passengers. Article 16 (part A, 
section V) of the 
Federation's Income Tax 
Law for 2012.  
Immediate deduction for 
investment  Immediate income tax deduction for investment in new fixed 
assets outside the metropolitan areas of Monterrey, 
Guadalajara and the Federal District. This restriction does 
not apply to companies that do not require intensive use of 
water for their production and which use clean technology 
for their polluting emissions.  Article 220 of the Income 
Tax Law. 
Tax incentives for the Mexican 
film industry A tax incentive of up to 10% is granted to taxpayers 
investing in national film production. Article 226 of the Income 
Tax Law 
Ministry of the Interior   
Support for the mainstream film and audiovisual industry VAT refund of up to 16% for the export of goods and 
services. In addition, refund of VAT on up to 7.5% of total 
costs in Mexico.  Budget programme 
Source: Information provided by the Mexican authorities. 
Box 3.3 Incentives eliminated over the period 2008-2012 
(a) Assets tax  
 In 2008, the tax incentive for the agricultural and forestry sector consisting of crediting investment 
made in an amount equivalent to the tax on assets was eliminated. 
 In 2007, taxpayers entering into contracts with de centralized government or ganizations were exempt 
from payment of tax on assets for the amount of th e tax entered in the accoun ts receivable under the 
contract in relation to in vestment in infrastructure. 
(b) Income tax  
 An income tax deduction was granted for the cost of  research and development of technology, but from 
2009 onwards it ceased to apply inasmuch as the Income Tax Law did not determine any amount for 
this incentive. In 2010, the relevant article (A rticle 219) of the Income Tax Law was repealed. 
(c) Federal Revenue Law 
 In 2008, the tax incentive given to taxpayers buying special marine diesel fuel for use as a fuel in 
vessels intended for the merchant fl eet's own activities was abolished. 
 Taxpayers engaged in mining were excluded from the tax incentive for the IEPS on diesel fuel 
consumed. 
Source: Information provided by the Mexican authorities. 
3.4.1.2  Financial incentives 
3.180.  In addition to the financial incentives given to the export sector, Mexico still has other 
financial incentive programmes to promote economic activities in general. These are available to any type of business in specific sectors, as well as to SMEs irrespective of their sector of activity. 
3.181.  The sectors for which a financing programme exists are agriculture (see Chapter 4.2.4), 
information technology, and tourism. Financial support is also provided to promote clean energy and for research and development of technology (Table A3.3). 
3.4.1.3  Other incentives 
3.182.  There are also training, technical assistance and advisory programmes for specified sectors 
or economic agents with the aim of promotin g the creation of businesses, their growth, 
consolidation and the development of strategic alliance or links between Mexican and foreign 
companies. WT/TPR/S/279/Rev.1 • Mexico 
 
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  3.4.1.4  Trade-related investment measures 
3.183.  Mexico has not made any new notification in connection with the Agreement on 
Trade-Related Investment Measures (TRIMS Agreement) since the previous Review. 
3.4.2  Competition policy and price controls 
3.4.2.1  Competition policy 
3.184.  Competition and monopolies are governed by Article 28 of the Constitution, the Federal 
Law on Economic Competition (LFCE)227 and its implementing regulations.228 The LFCE has been 
amended three times since the previous Revi ew: twice in 2011 and once in 2012. The most 
important changes were made in May 2011 and were designed to give the Federal Competition Commission (CFC) greater responsibilities, facilitate compliance with the LFCE, and improve enforcement. Regarding the latter, the changes included larger fines, the imposition of criminal 
penalties and preventive measures, and the conduct of inspection visits.
229 Federal legislation is 
supplemented by the provisions on competition in the majority of Mexico's FTAs. There are also 
other relevant international instruments with several countries and between the CFC and other 
competition authorities. The CFC signed three new bilateral cooperation agreements on technical 
assistance during the period under review with the competition authorities of the Russian Federation (2011), Ecuador (2011) and Nicaragua (2011). Accordingly, by 
September 2012, there were 11 international cooperation agreements on competition.
230 
3.185.  The LFCE prohibits monopolies or any other practice that restricts free 
competition (Articles 8-10 of the LFCE). Pursuant to the LFCE (Article 11), monopolistic practices are contrary to the law if it can be shown that the author of such a practice has substantial power 
in the market concerned and in relation to goods or services corresponding to this market. The 
practice as such is not prohibited. The LFCE (Article 4) and the Constitution (Article 28) also indicate that activities conducted exclusively by the State in the following areas do not constitute a 
monopoly: postal, telegraph and radio-telegraphy services; petroleum and other hydrocarbons; 
petrochemicals; radioactive minerals and the generati on of nuclear power; and electricity, together 
with those activities that are specifically indicated in the respective legislation.  
3.186.  The following are not considered monopolie s either: the privileges conferred by copyright 
or patents; and cooperative associations whose sales and distribution are exclusively overseas (Articles 5 and 6 of the LFCE, and Article 8 of the Constitution). The LFCE determines, however, that even these economic agents, as we ll as the Federal bodies, are subject to the rules 
concerning anti-competitive behaviour in their respective markets, unless it is specifically 
protected by Article 28 of the Constitution.  
3.187.  The CFC is a decentralized unit of the SE, and remains the body responsible for 
implementing the LFCE. Its main tasks include preventing, investigating and combating 
monopolies, monopolistic practices and cartels, as well as issuing administrative decisions, giving opinions when consulted, and imposing penalties for anti-competitive practices (Articles 23-24 of 
the LFCE). In relation to calls for bids, the CFC acts to determine the competition criteria to be 
followed in bidding for concessions or obtaining permits. Moreover, some sectoral laws give the CFC special powers, notably for determining the competition criteria in certain markets, and the approval needed in order to bid for concessions and privatization conducted by Ministries. The 
sectors concerned are: transport, energy, telecommunications, the financial sector, and foreign 
trade.
231 
                                               
227 Published in the Official Journal of 24 December 1992; the latest amendment was published on 
9 April 2012. 
228 Published in the Official Journal of 12 October 2007. 
229 Decree amending, supplementing and repealing vari ous provisions of the Federal Law on Economic 
Competition, published in the Official Journal of 10 May 2011. 
230 The list of agreements can be viewed at: http://www.cfc.gob.mx/index.php/cfc-quienes-
somos/marco-juridico-cfc/tratados-y- acuerdos-internacionales-de-la-cfc . 
231 Online information from the CFC, viewed at: 
http://www.cfc.gob.mx/images/stories/Leyes/compendionormativo/2012/compendio-julio-2012.pdf . WT/TPR/S/279/Rev.1 • Mexico 
 
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  3.188.  Over the period 2007 to 2011, the CFC dealt with 2,648 cases, only around half as many 
as during the previous five years (2002-2006) (5,383 cases). Each year, it dealt with an average of 529 cases, of which the majority concerned cartels (35% of cases on average) and bids, 
concessions, permits and declarations (39% of ca ses on average) (Chart 3.7). At December 2011, 
the CFC had 80 cases pending.
232 
3.189.  There have been no notable changes to the investigation process or the procedures since 
the previous Review (Articles 30-34 bis 4 of the LFCE). The CFC may initiate an investigation 
ex officio or upon request. To do so, it must publish an extract of the decision by which it initiates 
the investigation in the Official Journal. This decision must refer to the presumed violation to be investigated and the market concerned. The investigation starts with the publication of the decision and may last from 30 to 120 days, renewable for a maximum of 480 days when this is 
justified (Article 30 of the LFCE). At the conclusion of the investigation, the CFC issues a definitive 
resolution, which concludes the procedure, gives its ruling and imposes sanctions and/or conditions, which are published in the Official Journal (Article 33 of the LFCE). The parties 
concerned have 30 days in which to lodge an appeal  for review of the resolution with the CFC in 
order to revoke, amend or confirm the resolution contested and the rulings made. The CFC has to issue a resolution within a period of 60 days. At the end of this period, the matter contested is 
deemed to have been confirmed. If there is  disagreement with the final resolution, the 
complainant has a right of appeal ( amparo ) to a District or Federal court, both as regards 
resolutions by the CFC and those resulting from th e review (Article 39 of the LFCE). The changes 
that occurred during the period of review include the possibility of conducting inspection visits 
without prior notice (Article 31 of the CFC) and of  holding oral hearings before CFC officials to 
clarify the arguments (Article 33 of the LFCE).  
Chart 3.7 Cases concluded by the Federal Competition Commission, 2007-2011 
0100200300400500600700800
2007 2008 2009 2010 2011Number of cases
CartelsMonopolistic practicesBids, concessions, permits and 
declarationsEnquiriesAppeals for review
 
Source: Federal Competition Commission, Informe Anual 2011 . 
3.190.  The authorities have indicated that the CFC has taken action in sectors such as wholesale 
trade, information in the mass media, health and social welfare services, transport, postal and 
storage services, supply of gas, manufacturing, leisure, cultural and sports services, real estate 
services and the leasing of movable and immovable property, food, beverages, etc. The OECD, in conjunction with the CFC, has developed a toolkit to identify restrictions that hinder competition in 
                                               
232 CFC (2012b). WT/TPR/S/279/Rev.1 • Mexico 
 
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  sectors such as food (basic basket), personal bank loans, pharmaceuticals, telecommunications, 
airports and international passenger transport.233 
3.191.  Despite intensified activity by the CFC, there are still some sectors where there are serious 
competition problems, for example, the extracti on and refining of hydrocarbons, telephony, 
television, certain financial services, railways, and the maize-tortilla chain.234 
3.4.2.2  Price controls 3.192.  The legal framework for price controls  has not changed since the previous Review. 
Pursuant to the Constitution (Article 28), maximum prices may be introduced by law for products 
and services deemed necessary for the national economy or for mass consumption. The LFCE (Article 7) also states that it is the exclusive power of the President to issue decrees on the goods and services subject to price control only where is no effective competition in the market 
concerned. The CFC is responsible for determining the absence of effective competition and for 
issuing the relevant ruling. This ruling empowers the SE to determine the price of products on the basis of criteria that will prevent shortages. Th e SE may also coordinate the necessary measures 
with producers or distributors so as to minimize the impact on free competition. The Federal 
Consumer Protection Agency (PROFECO), coordina ted by the SE, is responsible for inspection, 
monitoring and penalties in respect of such prices (Article 7 of the LFCE). 
3.193.  Mexico continues to impose price controls on the following: 
 Petrol and petrochemical products: their prices are administered by the SHCP
235, 
taking into account the views of the SE and the Ministry of Energy.236 
 Natural gas237 and liquefied petroleum gas:238 the price of natural gas is determined 
by the Regulatory Commission for Energy, whereas that of liquefied petroleum gas is 
calculated monthly by the SE on the basis of presidential decrees. Price controls also apply to the distribution, transport and storage of these products.
239 
                                               
233 Document available at: 
http://www.oecd.org/daf/compet ition/reducingregulatoryrestrictionsoncompetition/mexico-
strengtheningthecompetitionandregulationframework.htm . 
234 Maize tortillas, together with six other consumer  goods, have been identified as a market where 
there are competition problems. Aspectos generales de las refo rmas a la Ley de Competencia , presentation by 
the CFC, September 2011. The presentation can be viewed at: http://www.cfc.gob.mx/index.php/glosario/presentaciones .  
235 Resolution establishing for a transitional period the terms and conditions applicable to first-hand 
sales of heating oil and basic petrochemicals and th e methodologies for determining their prices (…) as 
mentioned in the Decree amending, supplementing and repealing various provisions of the Law on the 
Regulatory Commission for Energy, published on 28 November 2008, published in the Official Journal of 8 January 2009; and Article 3 of the Law on the Regulatory Commission for Energy, published in the Official Journal of 31 October 1995. The latest amen dment was published in the Official Journal of 
28 November 2008. 
236 Article 31 (section X) of the Law on the Organization of the Federal Public Administration, published 
in the Official Journal of 29 December 1976. The latest amendment was published on 14 June 2012. 
237 Article 8 of the Regulations on Natural Gas, pub lished in the Official Journal of 8 November 1995. 
The price is calculated in accordance with the Directiv e on the determination of maximum prices for natural gas 
for first-hand sale DIR-GAS-001-2009, published on 20 July 2009. 
238 Decree making liquefied petroleum gas subject to maximum prices for first-hand sale and sale to 
final users, published in the Official Journal of 1 January 2011. The latest amendment was published in the Official Journal of 29 July 2011. Similar amendments were published in 2001, 2002, 2003, 2007, 2008, 2009 and 2010. In October 2012, the domestic prices in the 145 zones were indicated in the Decision determining 
the maximum price for liquefied petroleum gas for final us ers, corresponding to October 2012, published in the 
Official Journal of 1 October 2012. 
239 The rates for transport and storage of liquefied gas can be viewed at: 
http://www.cre.gob.mx/pagina_a.aspx?id=41 . Those for transport, distribution and storage of natural gas can 
be viewed at: http://www.cre.gob.mx/pagina_a.aspx?id=10 . WT/TPR/S/279/Rev.1 • Mexico 
 
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   Electricity: electric power rates are determined by the SHCP, in participation with the 
Ministries of Energy and the Economy, and following a proposal by the Federal Electricity Commission (see Chapter 4).
240 
 Medicines with a valid patent: maximum selling prices to the public are determined 
when they are intended for the private sect or. These prices are administered by the 
SE (Article 7 of the LFCE and Article 31 of  the Law on Health). For procurement by the 
public sector, a Coordinating Commission for the Negotiation of Prices for Medicines and 
Other Health Inputs was created in 2008 with the task of negotiating prices for certain 
patented medicines and inputs that are the subject of a direct bidding procedure.241 This 
negotiating mechanism is administered by the Ministry of Health. The authorities have indicated that generic medicines and inputs are not subject to price controls. 
3.4.3  State-owned enterprises 
3.194.  Mexico has not submitted any notification on State trading to the WTO since 2000. At that 
time, it notified the WTO that it did not have any State-trading enterprise according to the 
definition in Article XVII of the GATT 1994.
242 
3.195.  The Constitution lists those activities th at are the exclusive purview of the State and are 
deemed to be strategic, for example, hydrocarbons, electricity and postal services (Table 2.2). 
3.196.  PEMEX is still the major State-owned enterprise, but the State has holdings in other 
sectors of activity. 
3.4.4  Government procurement 3.4.4.1  Legal and institutional framework 
3.197.  Transactions and procedures for government procurement and contracts are governed by 
the Constitution (Article 134), the Law on Public Sector Procurement, Leases and 
Services (LAASSP)
243, the Law on Public Works and Related Services (LOPSRM)244, the Law on 
Public-Private Associations245, the Mexican Petroleum Law246, and their respective implementing 
regulations.247 Mexico has also included a chapter on government procurement (at the Federal 
level) in its FTAs with EFTA, Central America, Chile248, Costa Rica, Colombia, Canada, the 
United States, Israel, Japan and the European Union, under which it grants national treatment to 
contractors from these countries. 
3.198.  Mexico has not signed the WTO Agreement on Government Procurement and does not 
participate as an observer in the WTO Committee on Government Procurement. 
                                               
240 Articles 30 and 31 of the Law on the Public Electric Power Service, published on 5 February 1917. 
The latest amendment was published in the Official Jo urnal of 9 February 2012. The rates are calculated in 
accordance with the Decision authoriz ing the amendment of rates for the supp ly and sale of electric power and 
amending the complementary provisions  for rates for the supply and sale of electric power published in the 
Official Journal of 28 December 2011, and the Decision authorizing amendment of the rates for the supply and 
sale of electric power (for household use), published on 29 June 2012. 
241 Decision creating the Coordinating Commission fo r the Negotiation of Price for Medicines and other 
Health Inputs, published in the Official Journal of 26 February 2008 and its amending decision published on 
23 August 2012.  
242 The latest notification is contained in WTO document G/STR/N/6/MEX of 31 July 2000. 
243 Published in the Official Journal of 4 Januar y 2000. The latest amendment was published in the 
Official Journal of 16 January 2012. 
244 Published in the Official Journal of 4 Januar y 2000. The latest amendment was published in the 
Official Journal of 9 April 2012.  
245 Published in the Official Journal of 16 January 2012. 
246 Published in the Official Journal of 28 November 2008. 
247 The implementing regulations for the LAASSP  and for the LOPSRM were published in the 
Official Journal of 28 July 2010. The implementing regu lations for the Mexican Petroleum Law were published 
on 4 September 2009. The implementing regulations for th e Law on Public-Private Associations were published 
on 5 November 2012. 
248 For Chile, the provision on government pr ocurement came into force on 1 January 2009. 
The Protocol adding the chapter on government procurem ent to the FTA between Mexico and Chile published in 
the Official Journal of 27 October 2008. WT/TPR/S/279/Rev.1 • Mexico 
 
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  3.199.  The Ministry of Public Administration (SFP) is the Federal authority responsible for 
determining government procurement policies and guidelines. It is also in charge of issuing the administrative provisions necessary for compliance with the LAASSP and the LOPSRM and for promoting a clear and streamlined legal framework. For this purpose, the LAASP has to take into 
account the views of the SHCP and, where appropriate, those of the SE (Article 7 of the LAASSP 
and Article 8 of the LOPSRM). It is also responsi ble for looking into irregularities and penalizing 
bidders or suppliers who break the law (Article 59 of the LAASSP and Article 77 of the LOPSRM). 
3.200.  The sections below describe the procedures for procurement, leases and services in 
accordance with the LAASSP. The principles for in vitations to bid and government procurement laid 
down in the LOPSRM are the same as those contained in the LAASSP. 
3.4.4.2  Procurement procedures 
3.201.  There were a number of changes to procurement procedures during the period under 
review. They included amendments to: the terms fo r open international public bidding procedures; 
the maximum limit to be contracted under special procedures; the preference margin to be 
granted for Mexican goods when comparing bids; and the operation of the information platform for 
government procurement called the CompraNet. The ro le of Social Witness (representatives of civil 
society) was added in line with the principle of transparency. Social Witnesses take part in all 
public bidding procedures and issue a fi nal statement containing their views and 
recommendations, which is published on the website of the commissioning agency and on CompraNet (Article 26 ter of the LAASSP). The method of decreasing bids (reverse auction), which 
allows for improvement in the initial price bi d, was also added (Article 28 of the LAASSP). 
3.202.  As a general rule, the following are the stages in bidding: publication of the invitation to 
bid on the CompraNet website and of a summary thereof in the Official Journal; holding of at least one information session
249; submission of bids; presentation and opening of bids; evaluation of 
bids; and issuing of the decision (Articles 26, 30, 33-37 of the LAASSP). 
3.203.  In accordance with the LAASSP (Article 26), Federal government agencies may procure or 
lease goods and commission services by means of th ree types of procedure: (a) a public invitation 
to bid; (b) an invitation to bid issued to at least three persons; and (c) direct award of the 
contract. The first procedure is the one generally used for awarding government contracts, while the other two apply in special cases (Articles 41 and 42 of the LAASSP), and as such their use has to be justified in writing (Artic le 40 of the LAASSP). Contracts under procedures (b) and (c) that 
are justified by the amount of the contract may not exceed 30% of the agency's or department's 
budget for procurement, leasing or services (Art icle 42 of the LAASSP). This percentage was 20% 
up until 2009.
250 There are also provisions on government procurement specific to each state. 
3.204.  A public invitation to bid may be on e of three types (Article 28 of the LAASSP):251 
 National: procedures in which only Mexican nationals may participate and the goods to 
be purchased are produced in Mexico, with a minimum of 50% national content. 
 International covered by an agreement: procedures in which only Mexican bidders 
and foreign bidders from countries with which Mexico has a trade agreement containing a section on government procurement may participate and the goods to be purchased comply with the rules of origin criteria in the agreement.  
                                               
249 During the information session, bidders are given the opportunity to clarify and resolve any doubts 
or questions concerning the content of the invitation to bid (Article 33 bis of the LAASSP).  
250 Decree amending, supplementing and repealing various provisions in the LAASSP, the LOPSRM, the 
Federal Law on the Administrative Liability of Civil Servants and the Federal Pe nal Code, published in the 
Official Journal of 28 May 2009.  
251 During the period under review, Article 28 of th e LAASSP was amended twice by means of Decrees 
published in the Official Journals of 16 January 2012 and 28 May 2009. The Decrees in question were: Decree issuing the Law on Public-Private Associations, and amen ding, supplementing, and re pealing various provisions 
of the LAASSP; the LAASSP; the Law on Expropriation; the General Law on National Assets and the Federal 
Code of Civil Procedure (2012), and the Decree amending, supplementing and repealing various provisions in 
the LAASSP, the Law on Public Works and Related Services , the Federal Law on the Ad ministrative Liability of 
Civil Servants and the Federal Penal Code (2009). These Decrees essentially amended the terms for 
international bidding procedures (either open or covered by  an agreement).  WT/TPR/S/279/Rev.1 • Mexico 
 
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   Open international: procedures in which any Mexican or foreign bidder may take part 
and the goods to be purchased or leased, or the services to be commissioned, are of any 
origin. Since January 2012, this procedure has applied: (a) when a national invitation to 
bid has been issued but has been unsuccessful; or (b) when this is specified in contracts 
financed by external loans granted to the Federal Government (or with its guarantee).252 
Prior to this date, the criterion in (a) above was different.  
3.205.  From 2009 onwards, the preference margin to be applied in  international public invitations 
to bid (whether open or covered by an agreemen t|) rose from 10% to 15% of the cost of the 
goods of national origin in comparison with im ported goods (Articles 14 and 28 of the LAASSP).253 
3.206.  The submission of bids in public bidding procedures may be (Article 26 bis of the LAASSP):  
 In person:  bidders may only present their bids in writing at the time the bids are 
opened, or by post if this is specified in the invitation to bid. The information sessions 
and the events at which bids are presented an d opened and the final decision is issued 
take place in the presence of the bidders. 
 Electronic:  bidders take part solely through CompraNet. The information sessions and 
the events at which bids are presented and op ened and the final decision is issued take 
place through CompraNet without the presence of the bidders. 
 Mixed:  bidders may, if they choose, take part in person or electronically in the 
information sessions and the events at whic h bids are presented and opened and the 
final decision is issued. 
3.207.  Invitations to bid involving at least three persons or direct award of a contract may apply, 
inter alia, when (Article 41 of the LAASSP): 
 there are no alternative or replacement goods or  services or if there is only one possible 
bidder in the market, or if only one person has the exclusive use of the patent, copyright 
or other exclusive rights, or in the case of works of art; 
 there is a risk to social order, the econom y, public services, health, security or the 
environment in Mexico as a result of an event of force majeure ; 
 there are justified reasons for purchasing or leasing goods of a particular make; 
 the goods to be purchased are perishable, in bulk or are staple or semi-processed foods, 
or livestock. 
3.208.  Contracts may also be awarded following invitations to bid issued to at least three persons 
or directly if the amount of each operation (contr act) does not exceed the ceilings determined in 
the Federation's Expenditure Budget. The amount of these operations may not, however, exceed 30% of the budget for procurement, leasin g or services of the agency or department 
(Article 42 of the LAASSP). 
3.209.  In 2011, government procurement registered on CompraNet amounted 
to Mex$293,939 million (Table 3.16). Of this amount, 48% corresponded to national public 
                                               
252 Decree issuing the Law on Public-Private Associ ations and amending, supplementing and repealing 
various provisions in the Law on Public Works and Re lated Services; the LAASSP; th e Law on Expropriation; 
the General Law on National Assets and the Federal Code of Civil Procedure, published in the Official Journal of 16 February 2012. 
253 This means that the amount of the national bid taken into account for the purposes of comparing 
the bids with domestic goods or foreign goods is the cost of the domestic good minus 15%, or put another 
way, it is the cost multiplied by 0.85. Source: Decree amending, supplementi ng and repealing various 
provisions in the LAASSP, the LOPSRM, the Federal Law on the Administrative Liability of Civil Servants and the 
Federal Penal Code, published in the Official Journal of 28 May 2009; and Rules for applying the preference 
margin to the cost of goods of national origin in comparison with the cost of imported goods in open 
international procurement procedures by agencies an d departments of the Federa l Public Administration, 
published in the Official Journal of 28 December 2010. WT/TPR/S/279/Rev.1 • Mexico 
 
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  invitations to bid, 18% to international public invi tations to bid, and the remainder to invitations to 
bid to at least three persons or direct award of a contract. 
Table 3.16 Amounts and number of contracts by type of bidding procedure registered by 
CompraNet, 2007-2011 
(Mexican pesos millions) 
 Contracts  
2007 2008 2009 2010 2011 
No. Amount No. Amount  No. Amount  No. Amount  No. Amount  
Public 
invitation to 
BID 54,248 442,803 51,231 401,266 42,838 590,196 36,395 386,658 25,117 195,266 
National 35,906 159,104 35,572 201,400 29,167 344,851 26,125 296,421 18,729 140,778 
International 18,342 283,699 15,659 199,866 13,671 245,345 10,270 90,237 6,388 54,488 
Open 
international n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 3,804 12,428 
International 
covered by an 
agreement n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 2,584 42,060 
Invitation to at 
least 
3 persons 7,872 9,470 9,294 98,367 8,880 22,312 10,657 15,444 11,463 23,028 
Direct award 
of the contract 27,398 53,572 30,575 164,339 40,548 357,806 60,728 120,334 49,625 75,645 
Total 89,518 505,845 91,100 663,972 92,266 970,314 107,780 522,436 86,205 293,939 
Source: Information provided by the Mexican authorities. 
3.210.  During the period under review, new functions were added to the CompraNet electronic 
system. This system compiles all the information concerning government procurement, for 
example: the annual procurement programmes of ea ch agency or department; invitations to bid 
and amendments thereto; invitation s to bid to a least three persons; direct award of contracts; a 
single register of suppliers; a register of approved suppliers.254 Since July 2010, there has been a 
new version of CompraNet (version 5.0), which allo ws all procurement procedures to be conducted 
electronically in accordance with the LAASSP, unlike the previous version 3.0.255 Since July 2011, 
all invitations to bid involving amounts exceeding 300 times the current minimum wage have had 
to use the new version of CompraNet (version 5.0).256 Version 3.0 remains purely for consultation 
purposes. CompraNet is the responsibility of the Ministry of Public Administration through its 
Government Procurement Policy Unit (UPCP) and consultation is free of charge (Article 2 of 
the LAASSP).  
3.211.  The CompraNet system enables bidding to be  monitored from publication of the invitation 
to bid up to the final decision. In order to register and use this system, companies must, inter alia, 
have a FIEL, issued by the SAT. Foreign bidders  use the electronic means of identification 
determined by the Ministry of Public Administration.  
3.4.4.3  Incentives to particip ate in government procurement 
3.212.  In January 2009, at the initiative of  the President, the government procurement 
programme was launched with the aim of encouraging participation by MSMEs in invitations to bid 
for procurement by all Federal Government agencies and departments.257 Under this programme, 
MSMEs that are, or wish to become, suppliers to the Federal Government receive training and 
financing. This initiative is part of a legal framework to encourage government procurement from 
MSMEs. Pursuant to the Law on the Developmen t of the Competitiveness of Micro, Small and 
                                               
254 Decree amending, supplementing and repealing various provisions in the LAASSP, the LOPSRM, the 
Federal Law on the Administrative Liability of Civil Servants and the Federal Pe nal Code, published in the 
Official Journal of 28 May 2009.  
255 Decision issuing the Administrative Manual for General Application in relation to Government 
Procurement, Leases and Services, published in the Official Journal of 9 August 2010. 
256 Article 4 of the Decision determining the provisio ns to be respected for use of the Government's 
electronic public information system called CompraNet, published in the Official Journal of 28 June 2011. 
CompraNet 5.0: Preguntas Frecuentes , viewed in September 2012 at: http://www.contraloria-
oaxaca.gob.mx/contenido/compranet/contenido/DudasCompraNet5.pdf . 
257 Section 2.6 of the Sixth Report of the Government, 2012. WT/TPR/S/279/Rev.1 • Mexico 
 
- 102 - 
  Medium-Sized Enterprises, such procurement must gradually reach a minimum level 
of 35% (Article 10).258 
3.213.  Also in January 2009, the Interministerial Commission on Procurement from SMEs was 
created to be responsible for issuing recommendations and proposing measures to all Federal 
agencies and departments in order to increase participation by MSMEs.259 The Decision creating 
this Commission also determined that the objective of Federal agencies and departments for 2009 would be to procure from MSMEs 20% or more of their procurement which such enterprises could 
provide (Second Transitional Article). This pe rcentage should gradually rise to reach 35%. 
According to the data furnished by the authoritie s, this target was reached and even exceeded. 
In 2010 and 2011, government procurement from MSMEs was, respectively, Mex$61,451 million and Mex$83,433 million, equivalent to 41.5% and 42.7% of the total which such enterprises could 
supply. The value of government procurement from MSMEs in 2011 was almost five times more 
than in 2009 (Mex$17,660 million). 
3.214.  In 2010, the government procurement website for MSMEs was launched, providing 
information on current invitations to bid, business opportunities, training and financing 
possibilities, inter alia .
260 
3.4.5  Trade-related intellect ual property rights (IPRs) 
3.4.5.1  Legal framework 
3.215.  Mexico continues to make considerable efforts to protect copyright and industrial property 
by legislating on the rights of authors, the regula tion and granting of patents, and the registration 
of other forms of IPRs. This progress has made Mexico a more attractive market for holders of 
IPRs. In 2010, Mexico was the Latin American country with the highest number of patents in effect 
and the 17th worldwide.261 
3.216.  Mexico's intellectual property regime is governed by various national laws and 
regulations (Table 3.17) and by the WTO Agreem ent on Trade-Related Aspects of Intellectual 
Property Rights (TRIPS), implemented since 1 January 2000. Mexico is a party to several agreements under the framework of the Wo rld Intellectual Property Organization.  
3.217.  Mexican legislation to a large extent reflects the provisions in the 
TRIPS Agreement (Table A3.4), although it differs  in some respects. For example, Mexico grants 
rights that exceed the minimum terms specified in the TRIPS Agreement for industrial designs, 
trademarks, copyright and related rights.  
3.218.  During the period under review, there were changes to the Industrial Property Law, the 
Federal Copyright Law, and their respective implem enting regulations, and to the Federal Law on 
New Plant Varieties (Table 3.17). As regards the Industrial Property Law, in 2010 the procedure for 
obtaining a patent was amended. Provisions were also added on applications and renewal of 
registration and licensing of trademarks. In 2011, the implementing regulations for the Industrial 
Property Law were amended as regards requirements for the registration of trademarks.
262 
                                               
258 Published in the Official Journal of 30 December 2002. The latest amendment was published on 
18 January 2012. The percentage was originally set at 10% in 2002.  
259 Decision creating a permanent Interministerial Commission for Federal Public Administration 
Procurement and Works from Micro, Small and Medium-Sized  Enterprises, published in the Official Journal of 
15 January 2009.  
260 The website can be viewed at: http://www.comprasdegobierno.gob.mx/ . 
261 The latest year for which information is available is 2010. WTO Secretariat estimates based on 
online data from WIPO and the WTO. Viewed in November 2012 at: http://www.wipo.int/ipstats/es  and 
http://stat.wto.org/Home/WSDBHome.aspx?Language=E . 
262 Article 56 of the implementing regulations provid es that trademarks cons isting of a commercial 
name or slogan must be in letters or words of the Roman alphabet and western Arabic numerals, and their 
spelling must assist proper reading of them. A trademark consis ting of a name identifies a product or service 
on the basis of one or more words th at can be distinguished phonetically. WT/TPR/S/279/Rev.1 • Mexico 
 
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  Table 3.17 Legal framework for in tellectual proper ty, June 2012 
Instrument Publication in the 
Official Journal Latest amendment 
published in the 
Official Journal 
Principal laws   
Industrial Property Law 27 June 1991 9 April 2012 
Implementing regulation s for the Industrial 
Property Law 23 November 1994 10 June 2011 
Federal Copyright Law 24 December 1996 27 January 2012 
Implementing regulations for the Federal 
Copyright Law 22 May 1998 14 September 2005 
Federal Law on New Plant Varieties 25 October 1996 9 April 2012 
Implementing regulations for the Federal Law on 
New Plant Varieties  24 September 1998 - 
Customs Law (Articles 143, 144, 146 to 149)  15 December 1995 9 April 2012 
Federal Labour Law (Article 163)  1 April 1970 9 April 2012 
Federal Code of Penal Procedure (Article 194)  30 August 1934 14 June 2012 
Commercial Code (Article 6 bis) 7 October 1889 17 April 2012 
Federal Penal Code (twenty-sixth title) 14 August 1931 28 June 2010 
Legislation on appellations of origin   
General Declaration on Protection of the 
Appellation of Origin "Tequila" 13 October 1977 26 June 2000 
Resolution granting the pl anned protection for the 
appellation of origin "Mezcal", to be applied to the 
alcoholic beverage of the same name  28 November 1994 3 March 2003 
Resolution granting the pl anned protection for the 
appellation of origin "Olinalá", to be applied to 
these wooden handicrafts 28 November 1994 - 
Resolution granting the protection planned in 
Articles 157, 158 and other applicable articles in 
the Industrial Property Law for the appellation of 
origin "Talavera de Puebla", to be applied to 
handicrafts from Talavera 17 March 1995 16 October 2003 
General Declaration on Protection of the 
Appellation of Origin "Bacanora" 6 November 2000 - 
General Declaration on Protection of the 
Appellation of Origin "Ámbar de Chiapas" 15 November 2000 - 
General Declaration on Protection of the 
Appellation of Origin "Café Veracruz" 15 November 2000 - 
General Declaration on Protection of the 
Appellation of Origin "Sotol" 8 August 2002 - 
General Declaration on Protection of the 
Appellation of Origin "Café Chiapas" 27 August 2003 - 
General Declaration on Protection of the 
Appellation of Origin "Charanda" 27 August 2003 - 
General Declaration on Protection of the 
Appellation of Origin "Mango Ataulfo del Soconusco 
de Chiapas" 27 August 2003 - 
General Declaration on Protection of the 
Appellation of Origin "Vainilla de Papantla" 5 March 2009 - 
General Declaration on Protection of the 
Appellation of Origin "Chile Habanero de la 
Península de Yucatán" 4 June 2010 - 
General Declaration on Protection of the 
Appellation of Origin "Arroz del Estado de Morelos" 13 February 2012 - 
Source: WTO Secretariat, based on informat ion provided by the Mexican authorities. 
3.219.  Since 2009, Article 22 bis of the General Law on Health has included general principles for 
the market in biosimilar medicines.263 The implementing regulations setting out the criteria and 
procedures for applying this Article were adopted in 2011.264 
                                               
263 Decree adding an Article 222 bis to the General Law on Health, published in the Official Journal of 
11 June 2009. Viewed at: http://dof.gob.mx/nota_detalle.php?codigo=5094117&fecha=11/06/2009  
[August 2012]. Biosimilar medicines are non-innovative biotechnology medicines. In other words, 
biotechnology medicines seeking to enter a market once the patent for the original innovative medicine has 
expired.  WT/TPR/S/279/Rev.1 • Mexico 
 
- 104 - 
  3.220.  In 2010, the National Supreme Court of Justice (SCJN) decided that the Mexican Industrial 
Property Institute should include in its Indust rial Property Gazette patented medicines that 
constitute a pharmaceutical composition and not only patents for medicines whose claims protect a substance, ingredient or active ingredient.
265 The SCJN noted that the purpose of the list in the 
Gazette is to create a link between the health and industrial property authorities so that COFEPRIS 
rejects any sanitary registration that infringes rights protected by valid patents.266 
3.221.  In 2011, COFEPRIS authorized the first four sanitary registrations of biotechnology 
medicines sought by international firms, as a foll ow-up to the lifting of the requirement to have a 
pharmaceutical plant in Mexico in order to obtain such registration.267 This requirement was 
gradually lifted between 2008 and 2010 depending on the type of medicine.268 As already 
mentioned, one of the previous COFEPRIS requirem ents for obtaining sanitary registration was to 
establish a plant or laboratory for medicines in Mexican territory so in practice only manufacturers 
with a plant in Mexico could obtain authorization to import or sell medicines. 
3.4.5.2  Institutional framework 
3.222.  The principal bodies in relation to IPRs remain: 
 The Mexican Industrial Property Institute (IMPI)  is a decentralized government 
body of the SE whose task it is to foster inventive activity and disseminate global 
technological know-how protected by IPRs. It is also responsible for legal protection of 
industrial property and copyright through th e granting of IPRs, investigating conduct 
liable to infringe IPRs, imposing penalties and issuing decisions on distinctive signs. In addition to imposing penalties, IMPI may declare the registration of inventions, 
trademarks or other distinctive signs annulled, expired or cancelled through 
"administrative declaration procedures".
269 IMPI takes part in negotiations on drawing up 
international industrial property treaties and in bilateral, regional and multilateral 
meetings and forums. It has signed technical cooperation agreements with various 
industrial property organizations and offices in several countries.270 It has also 
                                                                                                                                               
264 The new legal framework for biosim ilar medicines includes the following elements: classification of 
biotechnology medicines into innovative and biosimilar; provisions on labelling; requirements for the release of imported biotechnology medicines; requirements for obtaining sanitary  registration for biotechnology 
medicines; types of study needed to prove the efficacy and safety of a product, together with the place in 
which they are to be conducted; pharmaceuticals moni toring to be carried out by holders of sanitary 
registration; time-limits for decisions on sanitary registration; poss ibility of submitting applications for 
biosimilar medicines an d carrying out the corresponding studies afte r 12 years have expired since the inventor 
filed the patent (authorization may only be  granted after the patent has expired).  
265 Case decision 7/2010. Approved by the Second Chamber of this High Court sitting in private on 
twenty January two thousand and ten. Viewed at: http://ius.scjn.gob.mx/paginas/Tesis.aspx  [August 2012]. 
266 COFEPRIS is the Ministry of Health body resp onsible for administering the system for approving 
medicines.  
267 Three sanitary registrations were by the United  States company Amgen de México, S.A. de C.V., 
and one by the Japanese firm Takeda Pharmace utical Company Limited.  Ministry of Health, 
Press Release No. 137, 26 April 2011. Viewed at: http://www.salud.gob.mx/ssa_app/noticias/datos/2011-04-
26_5161.html  [August 2012] 
268 Decree amending Articles 168 and 170 of the Regu lations on Health Inputs, published in the 
Official Journal of 5 August 2008. Viewed at: http://dof.gob.mx/nota_detalle.php?codigo=5055332 
&fecha=05/08/2008  [August 2012]. 
269 In 2011, IMPI handled all requests for administrati ve declarations submitted in accordance with the 
Industrial Property Law and the Federal Copyright Law,  issuing 30,563 official letters. Pursuant to these 
two Laws, in 2011, IMPI conducted a total of 3,963 inspecti on visits in order to ascertain compliance with the 
regulatory provisions, of which 3,025 were made ex officio and 938 at the request of a party (data provided by the authorities). 
270 These include the European Patent Office, the Afri can Regional Intellectual Property Organization, 
the World Intellectual Property Organization, the Africa n Intellectual Property Organization, the Ecuadorian 
Institute of Intellectual Property, the State Intellectual Property Office of the People 's Republic of China, the 
National Office of Industrial Property of the Dominican Republic, the National Register of the Republic of Costa Rica, the National Institute of Industrial Property  of the Argentine Republic, the National Institute of 
Industrial Property of the Federative  Republic of Brazil, the Canadian In tellectual Property Office, National 
Institute of Industrial Property of Chile, the Supervis ory Authority for Industry and Trade of the Republic of 
Colombia, the Cuban Industrial Proper ty Office, the Spanish Patent and Tr ademark Office, the Federal Service 
for Intellectual Property of the Russian Federation, the Na tional Institute of Industri al Property of France, the 
Directorate-General of Intellectual Property of the Republ ic of Honduras, the Ministry of Industry and Trade of 
the Republic of Paraguay, the Intellectual Property Office of the United Kingdom of Great Britain and WT/TPR/S/279/Rev.1 • Mexico 
 
- 105 - 
  cooperated with various offices responsible for industrial property matters.271 IMPI is the 
competent authority for dealing with administrative infringement of IPRs, including copyright. 
 The National Copyright Institute (INDAUTOR)
272 is a decentralized body of the 
Ministry of Public Education, responsible fo r protecting authors' rights and promoting 
knowledge of them through registration, advice, conciliation, cooperation, promotion and collaborative activities. INDAUTOR seeks to foster creativeness and cultural 
development, encouraging international cooperation and exchanges with institutions 
responsible for the registration and protecti on of copyright and related rights. In 2012, 
INDAUTOR signed cooperation agreements on copyright and related rights with the National Copyright Directorate of Colombia, the National Copyright Directorate of 
Paraguay and the National Institute for the Defence of Competition and the Protection of 
Intellectual Property of Peru. Previous to thes e, it had also signed agreements with the 
Administrative Board of the National Register of Costa Rica (2011), the Intellectual 
Property Register of the Republic of Guat emala (2010) and the Ecuadorian Institute of 
Intellectual Property (2010). 
 The National Seed Inspection an d Certification Service (SNICS)  is a decentralized 
body of SAGARPA, responsible for legal prot ection of the rights of breeders of new 
varieties of plants through breeders' rights. 
3.223.  In 2008, the Federal Tribunal of Fiscal and Administrative Justice created a Regional 
Chamber for Intellectual Property Matters with responsibility throughout Mexico for settling cases 
brought against decisions taken on the basis of the laws and regulations governing intellectual 
property. This Chamber's responsibilities extend  to cases concerning the implementation of 
international agreements, including the TRIPS Agreement. The Chamber has heard cases 
concerning patents, trademarks, well-known marks, etc. 
3.224.  As to enforcement, in 2007, a National Anti-Piracy Decision was published in the 
Official Journal. It should be noted that "piracy" (in its broadest sense) has a serious impact on 
Mexico's production facilities.
273 The purpose of this Decision is to develop permanent and 
sustainable strategies to protect copyright, related rights and industrial property so as to eradicate 
the offences in this respect and try to recover the market lost as a result of these unlawful acts. In this connection, the authorities have indicated that, among other things, the Decision establishes 
three lines of action to combat counterfeitin g and piracy: (a) promoting public awareness; 
(b) restructuring the market; and (c) combating illegal acts. Based on these strategies, campaigns have been waged to raise awareness among children;  training on IPRs has been given to customs 
authorities, in coordination with the private se ctor; consumer surveys have been conducted in 
several cities to promote awareness of the prej udice caused by consuming counterfeit goods and 
to identify the reasons for their consumption; and a database of trademarks has been created, in 
coordination with the AGD, to detect and withhold goods imported by unauthorized persons.
274 
Interinstitutional coordination for carrying out joint operations has also been stepped up. 
                                                                                                                                               
Northern Ireland, the Korean Intellectu al Property Office, the National Directorate of Industrial Property of the 
Oriental Republic of Uruguay, the Japan Patent Office, the Office for Harmonization in the Internal Market of 
the European Union, the National Registration Centre, the Belize Intellectual Property Office, the Franklin Pierce 
Center for Intellectual Property of the United States, the Organization of American States and the Europe-Asia 
Patent Organization (information provided by the authorities). 
271 Including the American Patent and Trademark Office , the Canadian Intellectual Property Office, the 
Korean Intellectual Property Office and the National In stitute for the Defence of Competition and the Protection 
of Intellectual Property of Peru. 
272 INDAUTOR replaced the Director ate-General of Copyright (DGDA) following the amendment of the 
Copyright Law, published in the Official Journal of 24 December 1996, seventh and eighth transitional articles. 
It has, however, not been notified to the WT O as the enquiry point under Article 69 of the 
TRIPS Agreement (WTO document IP/N/3/Rev.11 of 4 February 2010 and addendums thereto).  
273 Official Journal of the Federation , Tuesday, 6 March 2007. Viewed at: 
http://pirateria.pgr.gob.mx/Docs/DO F-ACUERDO%20NAC%20VS%20PIRATERIA.pdf . [August 2012]. 
The Decision was signed by IMPI, INDAUTOR, the Attorney  General's Office, several Ministries, the government 
of the state of Sinaloa and various representatives of the private sector. 
274 Since it came into effect on 3 January 2012, the authorities have indicated that over 
3,619 trademarks with 4,335 registrations have been recorded.  WT/TPR/S/279/Rev.1 • Mexico 
 
- 106 - 
  3.225.  In July 2012, Mexico also signed the Anti-Counterfeiting Trade Agreement (ACTA). On that 
occasion, IMPI indicated that ACTA aimed to set up an overall international framework to halt illegal trade in pirated and/or counterfeit goods.
275 
3.4.5.3  Participation in the WTO and other international initiatives 
3.226.  Mexico has applied the TRIPS Agreement since 1 January 2000. The authorities have 
indicated that, on 11 October 2012, under the TRIPS Agreement, Mexico notified the amendments made to its intellectual property legislation between 2008 and October 2012. 
3.227.  In 2008, Mexico accepted the Protocol amending the TRIPS Agreement.
276 The Protocol 
confirms the decision taken by the Members in 2003 to establish the system envisaged in 
paragraph 6, which offers additional flexibility in order to facilitate access to medicines in accordance with the provisions in the TRIPS Agreem ent. In accordance with the Protocol, it will 
come into force for Mexico after it has been  accepted by two thirds of the Members. 
3.228.  Since 1995, Mexico has been a third party in four disputes concerning the 
TRIPS Agreement heard under the WTO's dispute settlement mechanism, the most recent being 
during the period under review.
277 Mexico has never been either a complainant or a defendant in 
the dispute settlement mechanism with regard to matters relating to the TRIPS Agreement. 
3.229.  Mexico has signed 16 of the treaties administered by WIPO.278 As mentioned at the time of 
the previous Review, Mexico signed the Si ngapore Agreement on the Law on Trademark 
Registration in 2006, but it has still not been ratifi ed by the Senate. During the previous Review, it 
was indicated that Mexico was reviewing the possibility of acceding to the Madrid Protocol for the International Registration of Marks. On 25 April 2012, the Mexican Senate approved Mexico's 
accession to this Protocol. 
3.230.  Mexico has also undertaken commitments on IPRs under its FTAs (Table A3.5). 3.231.  In March 2011, the IMPI and the United States Patent and Trademark Office (USPTO) set 
up a first pilot programme on accelerated patent procedure (Patent Prosecution Highway - PPH). 
This programme became permanent on 1 September 2012. The PPH allows applicants, inter alia, 
to obtain a patent rapidly from the Office of Second Filing in a country on the basis of prior claims 
that have previously been determined as patentable by the Office of First Filing in another country. 
Likewise, the IMPI has developed pilot programmes on the PPH with the Japan Patent Office, the Korean Intellectual Property Office, the Spanis h Patent and Trademark Office and the State 
Intellectual Property Office of th e People's Republic of China. 
3.4.5.4  Trend in intellectual property-related activities 
3.232.  Table 3.18 shows the trend during the period under review in the number of applications 
for patents, utility models, industrial designs and trademarks, as well as the number of patents 
and registrations granted. 
                                               
275 IMPI, Press Release, 11 July 2012. Viewed at: 
http://www.impi.gob.mx/work/sites/IMPI /resources/LocalContent/3388/4/IMPI_010_2012.pdf . 
276 WTO document WT/LET/620 of 27 May 2008. 
277 The cases were (date of receipt of the request to hold consultations between brackets): DS174, 
European Communities - Trademarks  and Geographical Indications  (1 June 1999); DS290, 
European Communities - Trademarks and Geographical Indications (17 April 2003); DS362, China - Intellectual 
Property Rights (10 April 2007); and DS434, Australia - Certain Measures concerning Trademarks and other 
Plain Packaging Requirements applicable to Tobacco Products and Packaging (13 March 2012). 
278 Including the WIPO Convention. The list of WIPO treaties to which Mexico is party can be viewed 
at: http://www.wipo.int/treaties/es/ShowResults.jsp?search_what=C&country_id=123C . WT/TPR/S/279/Rev.1 • Mexico 
 
- 107 - 
  Table 3.18 Industrial property applic ations and registrations, 2006-2012 
 2006 2007  2008  2009  2010 2011 2012a 
Patents         
Applications 15,500 16,599 16,581 14,281 14,576 14,055 3,949 
of which, PCT patents 12,926 13,902 14,160 12,055 11,926 11,000 2,959 
Granted 9,632 9,957 10,440 9,629 9,399 11,485 3,731 
Utility models         
Applications 386 482 434 535 610 581 147 
Registrations granted 179 154 142 187 179 207 50 
Industrial designs         
Applications 3,023 2,882 3,183 2,930 3,540 4,149 1,062 
Registrations  2,226 2,695 2,444 2,568 2,645 2,443 768 
Trademarks         
Applications 68,975 77,065 77,467 75,250 87,477 92,671 24,963 
Registrations granted 55,173 49,746 57,713 57,836 57,657 62,988 15,070 
a First quarter. 
Source: IMPI en Cifras 2012, viewed at: http://www.impi.gob.mx/wb/IMPI/impi_en_cifras2  [August 2012]. 
3.233.  The number of patent applications in Mexico fell by 9% between 2006 and 2011279, 
reflecting a reduction in the number of PCT applications. Despite this decrease, PCT-type 
applications accounted for around 78.2% of all patent applications in Mexico in 2011. There was an 
increase of slightly over 19% in the number of patents granted over the same period.280 There 
were also noticeable increases in the number of applications and concessions for utility models and 
industrial designs (Table 3.18). 
3.234.  Trademarks are an area of IPRs that is particularly active in Mexico. In terms of the 
number of trademarks in force, Mexico is ranked ninth in the world and first in Latin America.281 
Between 2006 and 2011, the number of applications for registration of trademarks rose by just 
over 34%, while the number of trademarks grante d increased by 14% (Table 3.18). This growth 
was attributable in part to the dynamism of the Mexican alcoholic beverages industry, which makes intensive use of trademarks and geographic al indications, and has been one of Mexico's 
most dynamic export industries. 
3.235.  Mexico's statistics on trade in IPR royalties and licence fees are only available up to 2009 
for exports and up to 2006 for imports (Table 3.19). These figures show that Mexico is a large 
importer of IPRs. This has enabled it to acquire foreign know-how and IPRs for its development 
and become better integrated into the global econ o m y .  I t  s h o u l d  a l s o  b e  e m p h a s i z e d  t h a t  o n e  
reason for this is the improvements made by Me xico to its regime for the protection of IPRs. 
Table 3.19 indicates that, as of 2008, Mexico had al so become an important exporter of IPRs, and 
in 2009 it became one of the major economies as far as earnings from IPR royalties and licence fees and their payment are concerned.
282 
Table 3.19 IPR royalties and licence fees, 2000-2011 
 2000 2001 2002  2003  2004  2005  2006  2007 2008 2009  
Exports 43 41 48  84 92 70 171 120 440 656  
Imports 407 418 720 608 805 111 503 .. .. .. 
.. Not available. 
Source: OECD Statistics on International Trade in Services. 
3.236.  The high value of imports (outgoings) on ro yalties and IPR licence fees is consistent with 
the high percentage of IPRs in Mexico which are under the control of non-residents. According to 
                                               
279 Data since 2006 have been analysed as this was the latest year taken into account in the 
Secretariat Report for the previous Review of Mexico.  
280 The authorities have indicated that this increase  stemmed from higher produc tivity on the part of 
substantive examiners as well as the recruitment of personnel.  
281 Secretariat estimates based on online data from WIPO. Viewed at: http://www.wipo.int/ipstats/en . 
282 See WTO, International Trade Statistics 2011, Table III.31. Viewed at: http://www.wto.org . WT/TPR/S/279/Rev.1 • Mexico 
 
- 108 - 
  data from WIPO, around 98% of the 82,017 patents in effect in Mexico in 2010 were held by 
non-residents, of which approximately one half were domiciled in the United States.283 
3.237.  The recent rise in the value of exports (e arnings) from royalties and licence fees shown in 
Table 3.19 is notable given the modest level and trend in IPRs registered overseas by 
Mexican residents. For example, Mexican residents owned a total of only 1,300 patents granted by 
foreign jurisdictions.284 Some 60% of these patents had been granted in the United States, with 
Brazil and Canada far behind. 
3.238.  Trade in royalties and licence fees between Mexico and the United States is of particular 
interest, not only because of the extent of the bi lateral flow of goods, services and capital (see 
Chapter 1), but also because a large percentage of IPRs in Mexico originate in the United States 
and many of the registrations of IPRs abroad by Mexican owners are in the United States. The data 
available indicate that the nominal value of tr ade between the two countries fell when their 
economies slowed down between 2007 and 2009, but made a marked recovery in 2010, the most 
recent year for which information is available (Table 3.20). 
3.239.  Table 3.20 shows that, in 2010, Mexico earned a total of US$379 million from royalties and 
licence fees, while it paid out a considerably larger amount of US$2,526 million under the same 
heading. The table also shows that the majority of Mexico's bilateral imports of IPRs are by 
companies operating in Mexico as subsidiaries of United States firms, whereas the majority of its 
exports are by companies not affiliated to United  States firms. These figures suggest that the 
subsidiaries of United States firms in Mexico acquire technology actively from the United States, but export little technology developed in Mexico to their country of origin. 
Table 3.20 Royalties and licence f ees, Mexico-United States, 2006-2010 
(US$ millions) 
 2006  2007  2008 2009 2010  
Mexican imports (outgoings) 2,011  2,449  2,371 2,247 2,526  
By type of affiliation      
Companies affiliated to US firms 1,355  1,794  1,652 1,457 1,600  
Non-affiliated companies 655 654 719 790 925 
Mexican exports (earnings)  319 274 266 244 379  
By type of affiliation      
Companies affiliated to US firms a 42 38 37 145  
Non-affiliated companies a 232 228 207 235 
a Withheld in order not to disclo se data on individual firms. 
Source: United States Department of  Commerce, Bureau of Economic Anal ysis, United States International 
Services, viewed at: http://www.bea.gov/international/international_services.htm#detailedstatisticsfor  [August 2012]. 
3.240.  It should be noted that the statistics on trade in royalties and licence fees shown in 
Tables 3.19 and 3.20 are not consistent. For exam ple, the total value of Mexico's imports in 
Table 3.19 is much less than the value of Mexican imports from the United States in Table 3.20. 
For the purposes of this Review, the Mexican author ities have indicated that the data on trade in 
royalties and licence fees have been affected by changes in coverage. They also confirmed that 
they do not have any breakdown of this trade, neit her by partner nor by type of IPR. Nevertheless, 
they have indicated that they are developing a new methodology to provide better coverage of the 
variables in question. 
                                               
283 Based on online data from WIPO. Viewed at: http://www.wipo.int/ipstats/en  [August 2012]. 
284 Secretariat estimates based on online data from WIPO. Viewed at: http://www.wipo.int/ipstats/es . WT/TPR/S/279/Rev.1 • Mexico 
 
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  3.4.5.5  Incentives 
3.241.  Spending on research and development (R&D) in Mexico remains modest: in 2011, it 
accounted for around 0.4% of GDP, placing it much lower than the average for OECD countries (2.2% of GDP).
285 Roughly half of this spending is funded by the Government, 
which is a high proportion in comparison with other OECD members.286 
3.242.  Mexico has been granting various types of incentive to boost increased private-sector 
participation in R&D. For example, inputs for research by scientific and technological institutions 
can be imported duty free. Likewise, financial support is given both from technological innovation 
funds and sectoral or mixed funds. In addition , there is the programme to encourage research, 
technological development and innovation, under which economic incentives are given to companies to develop such activities. According to  the authorities, this programme has provided 
support for 543 projects for a total of Me x$2,325 million and has strengthened the 
academia-business link; in 2011 related projects accounted for 84% of the total. 
3.243.  Recognizing that Mexico has been unable to give R&D an importance that corresponds to 
the size of its economy and in order to establis h an integral strategy for promoting R&D that 
boosts investment by private companies under this heading, in 2008 Mexico adopted the Special Science, Technology and Innovation Programme for 2008-2012 (PECITI). This Programme stems 
from the obligation contained in the National Development Programme to implement programmes 
that deal with sectoral problems. The 2008-2012 PECITI is associated with the budget estimate annexed to the Federal Expenditure Budget, in wh ich a total of Mex$57,600 million was earmarked 
for scientific and technological activities in 2011. 
3.244.  As far as copyright and related rights activities are concerned, Mexico grants tax incentives 
for cinemas that show Mexican films or help to diversify the supply of foreign films.
287 There is also 
a Fund for Cinema Investment and Incentives to promote the Mexican film industry.288 Mexico's 
creative efforts have also been given support through the 100-year protection given for economic 
rights. This term of protection was adopted to  prevent unfair competition, including piracy. 
The official support given to the film industry ma y have contributed to its development. Over the 
past six years, an average of 70 Mexican films have been produced each year and from 2007 up to 
the end of 2011, average annual cinema attendance has been over 12 million.289 
                                               
285 Online information from the OECD, Science and technology: Key tables from OECD , viewed at: 
http://www.oecd-ilibrary.org/fr/science-and-technology/science-et-technologie-tableaux-cles-de-l-
ocde_20758448  [August 2012]. 
286 Based on data for 2007, the latest year for wh ich information on Mexico  is available. Online 
information from the OECD, Gross domestic expenditure on R-D by sect or of performance and source of funds , 
viewed at: http://stats.oecd.org/BrandedView.aspx ?oecd_bv_id=strd-data-en&doi=data-00189-en  
[August 2012]. 
287 Articles 31 and 32 of the Federal Law on the Film Industry, which provide, inter alia, for tax 
incentives to companies that promote the production, di stribution, showing and/or ma rketing of Mexican films; 
those which copy, subtitle or dub in Mexico; or producers which take part in international film festivals and receive awards. Tax incentives are also available to those investing in building or rehabilitating cinemas or help 
to diversify the supply of foreign cinematographic material. The authorities have indicated that currently there is only one tax incentive for Mexican film production  and a programme to support  the mainstream film and 
audiovisual industry. Other incentives include trust fu nds to support production (FIDECINE and FOPROCINE); 
the programme in support of creators; support for short films; support for the distri bution of films with low 
commercial prospects; support for the distribution of  Mexican films in public cinemas (EPROCINE); and grants 
for festivals and cinematographic events. The re gulations of each scheme can be viewed at: 
http://www.imcine.gob.mx/apoyos.html . 
288 Article 33 of the Federal Law on the Film Industry. 
289 Data provided by the authorities. WT/TPR/S/279/Rev.1 • Mexico 
 
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  4  TRADE POLICIES BY SECTOR 
4.1  Overview 4.1.  The contribution of the agricultural sector  (fishing and forestry included) to total GDP in 
constant terms decreased during the review period, falling from 3.6% in 2007 to 3.3% in 2011. 
However, Mexican exports of agricultural products (WTO definition) increased by almost 50% 
during the same period, amounting to US$21,725 million in 2011. The main export products include beer, avocados, tequila, sugar, coffee, chewing-gum, tomatoes, onions and other fresh 
vegetables, fruit, wheat, food preparations and canned products. Mexico has a deficit on its 
agricultural trade balance; in 2011, the total va lue of imports of these products amounted to 
US$26,200 million. The main agricultural imports include maize, soybeans, oilseeds, poultry meat, beef, pork, wheat, cotton, and milk in powder. 
4.2.  Mexico maintains several programmes for promoting and supporting the agricultural and 
fishing sectors. The rules of operation of these programmes are determined annually. In 2012, the 
average MFN tariff for agricultural products (WTO definition) was 20.9%, less than the 23% 
recorded in 2007 but much higher than the aver age tariff applied to non-agricultural products, 
which was 4.6% in the same year. 
4.3.  According to OECD estimates, the support fo r Mexican agricultural producers associated with 
government programmes (Producer Support Estimate (PSE)) amounted to 
some Mex$76,871 million (some US$6,189 million) in 2011 or 11.6% of farm income. The PSE has fallen substantially over the last 20 years and stands at less than half the average for the OECD countries (25.9% for 2006-2010). 
4.4.  Manufacturing accounted for 17.3% of national GDP in 2010, close to the average for the 
first decade of the century. In 2011, exports of manufactured goods represented 70.7% of Mexico's total exports (WTO definition of non-agricultural products). The main exports are 
automotive industry products, office machinery and telecommunications equipment, and electrical 
and non-electrical machinery. The tariff protection for manufacturing is relatively low, with an average MFN tariff of 4.6% in 2012. During the review period, the average tariff decreased by 
more than 50%, from 9.9%. Mexico maintains unilateral import quotas for certain manufactured 
goods, including infant-care products, polyester filament, new and used vehicles and toys. The maquila and manufacturing industries play a vital role in the Mexican economy. Manufacturing companies that operate under the IMMEX programme exported more than 90% of total 
manufacturing exports in 2011. 
4.5.  In 2011, the energy sector accounted for 8.1% of Mexico's GDP, as well as for 16% of the 
value of its total merchandise exports. Despite the fact that total investment in the sector grew at 
an average annual rate of 13.4%  between 2007 and 2010, primary energy production, with 
hydrocarbons contributing a little over 90%, contract ed at an annual rate of 3.5% during the same 
period. Although Mexico continued to be one of the world's main petroleum producers during the 
review period, crude oil production recorded a cumulative fall of 17% between 2007 and 2011, 
while the production of petroleum products fell by 5.5% during the same period. Domestic production of refined petroleum products is not sufficient to meet the demand, so Mexico is currently a net importer. Nevertheless, a process of modernization and reconfiguration of the 
existing refineries has been set in moti on and a new refinery is to be built. 
4.6.  During the review period, the legal framew ork of the hydrocarbons sector was reformed. The 
new Petróleos Mexicanos Law of 2008 governs the operation of the State oil company Petróleos 
Mexicanos (PEMEX), confirming it as the entity us ed by the State for carrying out the activities for 
which it has exclusive responsibility in the strate gic areas of petroleum, other hydrocarbons and 
basic petrochemicals. The above-mentioned 2008 reform established a specific contractual regime 
for PEMEX to carry out substantive activities of a productive nature; thus, the company can sign 
contracts with private concerns for the provision of services related with hydrocarbon exploration 
and production, in which the consideration is determined by means of a formula linked with the contractor's performance, while the State retains exclusive ownership and control of the 
hydrocarbons (incentivized contracts). WT/TPR/S/279/Rev.1 • Mexico 
 
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  4.7.  Mexico's electricity sector is divided in to two subsectors, the public service and private 
consumption subsectors, respectively. The public electricity service is provided by the Federal Electricity Commission (CFE), a decentralized public  body which operates most of the generating 
plants (except for those of the independent energy producers that sell electricity to the CFE) and 
the entire transmission network. The private sector participates in the arrangements for 
generating electricity for own consumption and for export. 
4.8.  The Ministry of Finance and Public Credit (SHCP) is the federal agency responsible for the 
regulation and supervision of the financial sector and for establishing the capital requirements of 
the majority of its participants, through the work of three specific subordinate regulatory bodies. 
At the same time, the Bank of Mexico regulates the currency and derivatives markets, financial operations and the payments system. Foreign investors can participate in the provision of banking 
services in Mexico through subsidiaries of foreign financial institutions, provided they come from 
countries with which Mexico has a free trade agreement with a financial services chapter. Subsidiaries of foreign banks set up on Mexican territory can offer the same services as local 
commercial banks, unless the treaty or international agreement with the country of origin 
establishes some restriction, and provided that the foreign financial institution offers similar services in its country of origin. In addition, foreign investors from any country may hold up 
to 100% of the shares representing the capital of  a banking institution, but require authorization 
to acquire shares representing more than 5% of the capital. 
4.9.  Insurance companies are divided into two gr oups depending on whether the capital is wholly 
or majority-owned by Mexicans or by foreigners. In the first case, foreign natural and legal 
persons may, in general, acquire shares representing the capital, but Mexican investors must 
continue to exercise effective control, retaining 30% or more of the shares representing the capital of the institution. Foreign-capital institutions may operate only as subsidiaries of a foreign financial 
institution. 
4.10.  In general, although some telecommunications services subsectors have gradually opened 
up, others are still very highly concentrated. For example, one operator controls 80% of the fixed 
telephony market, while the second largest operator has barely 5%. Similarly, in mobile telephony, 
70% of users are served by one operator, as compared with 22% for the next largest operator. The Mexican legislation does not oblige operators to unbundle the subscriber's local loop. The cost of the services is still relatively high in international terms. 
4.11.  To provide scheduled domestic air transport services (cabotage) it is necessary to have a 
concession, which is reserved for enterprises that are at least 75% Mexican-owned. Under the Airports Law, private investors may build, manage, operate and economically exploit airport 
terminals. Concessions are for an initial term of 50 years and may be extended one or more times 
for identical periods, provided that security , investment and other requirements are met. 
The legislation envisages three service categories within overall airport activity: airport services, 
ancillary services and commercial services. In all three categories, concessionaires can provide 
services either directly or through third parties, provided the latter are companies set up in Mexico. The Constitution requires air navigation  services to be provided solely and exclusively 
by the State. Foreign investors may hold up to 49% of total equity in companies holding 
concessions or permits for public service airfields. 
4.12.  Foreign investment in the maritime transport sector is limited to a maximum of 49% of total 
equity in port management companies and in companies that operate commercial inland waterway 
and cabotage services. Cruising and some port oper ations such as dredging are not subject to this 
rule, while foreign companies offering port servic es for inland waterway operations may exceed 
the 49% limit with the approval of the National Foreign Investment Commission. Nevertheless, 
the 2006 Shipping and Maritime Trade Law allows temporary permits to be granted to 
Mexican ship-owners with a foreign vessel under bare-boat charter, or failing that to Mexican ship-owners with a foreign vessel under any charter arrangement, but not directly to foreign ship-owners. The temporary permits are valid for a maximum of three months and can be 
renewed on up to a maximum of seven occasions,  after which the vessel must be registered in 
Mexico. 
4.13.  Foreigners may register diplomas obtained abroad and apply for a licence to practise a 
profession, provided that there is a reciprocal  agreement between Mexico and their country of 
origin. Some professional and technical services  occupations are reserved for Mexican citizens, WT/TPR/S/279/Rev.1 • Mexico 
 
- 112 - 
  such as aircraft pilot, ship's pilot, ship's captain, ship's engineer, ship's mechanic, member of the 
crew of a Mexican-registered vessel or aircraft, customs clearing agent, airport manager, harbour pilot, and train crew member. 
4.2  Agriculture 
4.2.1  Main features 
4.14.  The GDP of the Mexican agricultural sector  (livestock farming and forestry included) grew 
by 0.6 real percentage points during the period from 2007 to 2011. The sector's share of total GDP 
remained constant in current terms, at about 3. 6%, but decreased in constant terms, from 3.6% 
in 2007 to 3.3% in 2011. However, the annual results are mixed: whereas it remained stable in 2008 and 2009, the sector's contribution increa sed in 2010 and fell in 2011. The breakdown of 
agricultural production by activity shows th at in 2011 crop farming accounted for 54.5% of 
agricultural GDP (58.6% in 2007); livestock farming for 36.2% (32.7% in 2007); and other 
activities (forest management, hunting and fishing,  and agriculture and forestry-related services) 
for 9.3% (8.9% in 2007).
1 
4.15.   The percentage of the population employ ed in the agricultural sector remained stable 
between 2007 and 2011, at around 13.5%. In recent years, the Government has implemented various economic (agricultural and for other economic activities) and social development strategies 
in rural areas under the Special Concurrent Prog ramme for Sustainable Rural Development (PEC). 
Information for 2010 indicates that 17 million people in rural areas are living in poverty.
2 
4.16.  The value of agricultural production in 2011 was 
Mex$354,657 million (around US$28,617 million). Maize for human consumption was the main 
basic product, accounting for 20.3% of the total value of agricultural production, followed by 
sugar cane (8.6%), sorghum (6.3%), avocado (5.1%), and fodder (4.8%).3 In 2011, the value of 
livestock production amounted to Mex $264,245 million (around US$21,322 million).4 Cereal and 
oilseed production (in tonnes) accounted for 21.8% of the total, followed by fruit (9.1%) and the 
main vegetables (5.5%).5 
4.17.  In 2011, Mexican exports of agricult ural products (WTO definition) amounted 
to US$21,725 million.6 The main export products include beer, avocado, tequila, sugar, coffee, 
chewing-gum, tomatoes, onions and other fresh vegetables, fruit, wheat, food preparations and canned products. Mexico is a net importer of agricultural products; the total value of imports of these products amounted to US$26,200 million in 2011. The main agricultural imports include 
maize, soybeans, oilseeds, poultry meat, beef, pork, wheat, cotton, and milk in powder. 
Agrifood exports, as defined by SAGARPA, tota lled US$21,825 million. In 2011, the agricultural 
and agrifood balance recorded a deficit of US$2,832 million.
7 
4.2.2  Policy objectives 
4.18.  Mexico's agricultural policy, which is the responsibility of the Ministry of Agriculture, 
Livestock, Rural Development, Fishing and Food (SAGARPA), was reorganized between 2007 
and 2012 and now has five basic objectives: (i) to raise the level of human and material 
development of the rural population; (ii) to suppl y the domestic market wi th high-quality food; 
(iii) to improve the incomes of agricultural prod ucers by increasing their presence in global 
markets and linking them into value-added proce sses and the production of bio-energy crops; 
                                               
1 National Institute of Statistics, Geography and Information Technology (INEGI) and Office of the 
President of the Republic (2011). 
2 Office of the President of the Republic (2012). 
3 SAGARPA, Sistema de Información Agro alimentaria y Pesquera (SIAP). Estadísticas básicas . Viewed 
at: http://www.siap.gob.mx/ . 
4 Sistema de Información Agroal imentaria y Pesquera (SIAP) . Viewed at: 
http://www.siap.gob.mx/ind ex.php?option=com_wrapper&view=wrapper&Itemid=369 . 
5 Office of the President of the Republic (2011a), Anexo Estadístico . 
6 Calculated by the WTO Secretariat on the basis of  United Nations Statistics Division Comtrade data. 
7 Office of the President of the Republic (2011b). WT/TPR/S/279/Rev.1 • Mexico 
 
- 113 - 
  (iv) reversing the deterioration of the ecosystems; and (v) managing the harmonious development 
of the rural market.8 
4.19.  According to SAGARPA's Activity Report for 2011, the most important legacy of 
the 2007-2012 administration is the Strategy fo r the Sustainable Modernization of Traditional 
Agriculture (MasAgro), which is aimed at providing access to agricultural technologies tailored to 
the new environment and thus ensuring food security for Mexican families. 
4.20.  Section 2.7 (Rural Sector) of the Nation al Development Plan 2007-2012 states that the 
agriculture and fishing sector is of strategic importance and a priority for national development, 
because it provides the food eaten by Mexican families and raw materials for the manufacturing and processing industry. The Sectoral Development Programme for Agriculture and Fishing 2007-2012 defines the policies, strategies  and courses of action needed to enable 
agriculture, aquaculture and fishing to develop jointly with other non-agricultural rural activities. 
4.21.  SAGARPA maintains several programmes for promoting and supporting the agricultural 
sector and fishing. The rules of operation of these programmes are determined annually by a 
decision. The rules for 2012 are contained in the Decision announcing the rules of operation of the 
programmes of the Ministry of Agriculture Live stock, Rural Development, Fishing and Food, 
published in the Official Journal of 30 December 2011 and revised on 23 July 2012. The following 
SAGARPA programmes are subject to rules of operation: (i) Support for Investment in Equipment 
and Infrastructure; (ii) Support for Agricultural Incomes: PROCAMPO for a Better Life; (iii) Risk Prevention and Management; (iv) Capacity Building, Technological Innovation and Rural Extension; (v) Sustainability of Natural Resources; and (vi) Action together with Federative Entities in the 
Area of Investment, Sustainability and Capacity Building.
9 In addition to the programmes subject 
to rules of operation, other programmes are also being implemented; these concern the generation of information for sustainable rural development; the promotion of agrifood products 
and their placement on foreign markets; market  development; and planning and forecasting. 
4.22.  All the programmes and their components co vered by the rules of operation are subject to 
the budget authorized in the Decree on the Federal Expenditure Budget for the corresponding 
fiscal year and are implemented in accordance wi th the priorities established in the National 
Development Plan 2007-2012 and in the Sectoral Development Programme for Agriculture and Fishing 2007-2012, as well as in the decisions of the Mexican Council for Sustainable Rural Development and the Interministerial Commission for Sustainable Rural Development. A special 
strategy of the programmes and their components is that designed to improve the competitiveness 
of the subsectors producing such staples as ma ize, beans, wheat, sorghum, rice, sugar cane, 
coffee, eggs, milk, beef, pork, poultry and fish.
10 The programmes contained in the rules of 
operation are applicable throughout the country, except where expressly indicated otherwise. 
                                               
8 SAGARPA (2011), Introducción . 
9 The Support for Investment in Equipment an d Infrastructure programme has the following 
components: (a) Agriculture, Livestock and Fishing; (b) Protected Agriculture; (c) Fish Farm Electrification; (d) Fishing and Aquaculture Infrastructure; and (e) Ecological Marine Engine Replacement; (f) Post-Production Handling; (g) Modernization of the Fishing Flee t and Rationalization of the Fishing Effort; 
(h) Genetic Resources (agricultural, livestock and aqua cultural); and (i) Traditional Productive Assets. The 
Support for Agricultural Incomes: PROCAMPO for a Be tter Life programme has the following components: 
(a) PROCAMPO for a Better Life; (b) Agricultural Diesel/Modernization of Agricultural Machinery; (c) Marine Diesel; (d) Promotion of Coffee Production; and (e) In shore Gasoline. The Risk Prevention and Management 
programme has the following componen ts: (a) Target Income and Marketing Support (including crop and 
livestock contract farming); (b) Response to Natural Disasters in the Agricultural and Fishing Sectors; 
(c) Guarantees (including guarantees  for the purchase of fertilizers an d fishery development); (d) Fund for 
Encouraging Investment in Localities with Medium, Hi gh and Very High Levels of Marginalization; and 
(e) Health. The Capacity Building, Te chnological Innovation and Rural Ex tension programme has the following 
components: (a) Support for Project Integration; (b) Capacity Buildi ng and Rural Extension, and (c) Innovation 
and Technology Transfer. The Sustainability of Natu ral Resources programme has the following components: 
(a) Bio-Energy and Alternative Energy Sources; (b) Conservation and Sustainable Use of Soil and Water 
(COUSSA); (c) Reduction of the Fishing Effort; (d) Fishery Inspection and Surveillance; (e) Fishing and Aquaculture Management; (f) Sustainable Livestock Production and Cattle and Apiculture Management (PROGAN); and (g) Restructuring of Production. The Strategic Projects programme includes: (a) the Strategic 
Food Security Project (PESA); (b) Arid Zone Development (PRODEZA); (c) Humid Tropics; and (d) Support for 
the Maize and Bean Producers' Production Chain (PROMAF). 
10 SAGARPA (2012a). WT/TPR/S/279/Rev.1 • Mexico 
 
- 114 - 
  To obtain support under a programme and its components, those eligible for the programme must 
file an application with SAGARPA. 
4.23.  There are a number of support programmes for promoting animal health.11 The level of 
federal support may be as high as 100%. 
4.24.  The general aim of the Strategic Food Securi ty Project (PESA) is to contribute to capacity 
building for individuals and their family farming in ru ral localities with high and very high levels of 
marginalization, in order to increase agricultural production, introduce new farming systems, 
develop local markets, promote consumption of foods produced and job creation with a view to 
achieving food security and raising incomes. Under PESA the following levels of support are 
available: up to 90% of the value of the infrastr ucture project, equipment, plant material, animal 
breeding or aquacultural species or up to Mex$25,000 per family production unit in the initial 
stage, Mex$35,000 in the food production stage, and Mex$100,000 per family production unit 
or Mex$750,000 per work group or legal person incorporating at least eight family production units in the income-generating stage. 
4.2.3  Agricultural support indicators 
4.25.  The OECD's estimates indicate that during the period 2006-2011 support for 
Mexican agricultural producers under go vernment programmes (Producer Support 
Estimates (PSE)) increased by 26.6%, which is eq ual to an average year-on-year rate of 4.8%. 
In 2011, support amounted to Mex$76,871 million (some US$6,189 million) (Table 4.1). However, as a percentage of farm income, PSE fell from 13.2% in 2006 to 11.6% in 2011; this latter figure is substantially less than the OECD average (21.2% in 2011). It is also worth noting that PSE has 
been falling for the last 20 years, from 28% in 1991-1993 to 11.6% in 2011. In that year, 
input-related payments accounted for 54.6% of PSE, price support (measured as the difference between domestic and international prices) constituted 20%, and payments for historical 
entitlements that do not establish production requirements accounted for 17.5%. During the last 
ten years there has been a reversal in the relative contributions of price support and input support, from 56 and 16% to 20 and 54.6%, respectively).
12 
Table 4.1 Agricultural su pport estimates, 2006-2011 
(MEX$ million)  
Item 2006  2007  2008  2009 2010 2011ª  
Total value of production  417,638  470,260  528,995  531,707 580,102 603,306  
Proportion of basic products subject to price 
support (%)b 66.6 66.2 66.8 66.5 67.7 67.8 
Total value of consumption 418,572  528,652  629,753  589,052 621,707 696,736  
Producer Support Estimates (PSE) 60,698  67,049  70,585  81,074 75,802 76,871  
Percentage PSE (%) 13.2  13.0 12.1 13.8 11.9 11.6  
General Services Support Estimates (GSSE) 8,597  10,939  9,316  10,315 9,406 10,553  
Consumer Support Estimates (CSE) -19,567  -22,768  -11,378  -19,903 -17,102 -12,431  
Total Support Estimates (TSE)  72,030  83,328  86,023  95,362 88,564 90,737  
Transfers from consumers 22,479  28,108  17,500  23,906 20,458 15,774  
Transfers from taxpayers 52,754  63,324  72,670  71,457 71,831 75,847  
Tax revenue -3,203  -8,105  -4,147  0,000 -3,724 -0,885  
Percentage TSE (share of GDP, %) 0.8 0.9 0.9 1.1 1.0 1.0 
a Preliminary figures. 
b The basic products receiving price support are: wh eat, maize, other grains , coffee, tomatoes, rice, 
oilseeds, sugar, milk, beef, po rk, poultry, eggs and beans. 
Source: OECD StatExtracts, pse/cse, 2011. Viewed at: 
http://stats.oecd.org/index.aspx?%20datasetcode=mon2011tse . 
                                               
11 Support for: the operation of an imal health projects; the developm ent of phytosanitary projects; the 
establishment and a pplication of promotion, dissemination, training and technical assistance measures for the 
prevention and diagnosis of diseases  and pests of land species; monito ring of regulated plant pests; the 
establishment and appl ication of promotion, dissemination, training, technical assistance and diagnostic 
measures for the prevention, control and, where approp riate, eradication of dise ases and pests of aquatic 
species; sampling, the purchase of sampling equipmen t and inputs, and the technical and scientific exchange 
of methods and techniques; co mpliance with federal standards; monitori ng of federal sanitary checkpoints and 
inspection points; and the slaughter of cattle in Federal Inspection Type (TIF) establishments. 
12 OECD, Producer and Consumer Suppo rt Estimates Database. Viewed at: 
http://www.oecd.org/agriculture/agriculturalpolicies andsupport/producerandcons umersupportestimatesdatabas
e.htm . WT/TPR/S/279/Rev.1 • Mexico 
 
- 115 - 
  4.26.  With regard to the Total Support Estimate s (TSE), which include transfers from consumers 
and taxpayers and net tax revenue, the OECD note s that although they increased significantly 
in 2007, they then increased to a lesser extent in 2008 and 2009, and finally suffered a slight fall in 2010, before rebounding in 2011 to reach Mex$ 90,735 million (approximately US$7,180 million, 
at the average exchange rate for 2011) or 0.6%  of GDP. In this latter year, transfers from 
consumers and taxpayers amounted to 27.8% an d 77.9% of TSE, respectively. After falling 
continuously from 2002 (74.1%) to 2008 (18.2%), transfers from consumers began to increase 
again in 2009, but resumed their contraction in the last two years of the period, which is largely 
explained by a similar trend in price support. 
4.27.  In the latest edition of its agricultural  policy study, the OECD stresses that Mexico has 
succeeded in lowering its agricultural trade barriers thanks to a sustained period of reform.
13 
The study notes that between 1993 and 2011 the qu antity of transfers to producers was halved, 
while existing transfers were reorganized to redu ce distortion. The nominal protection coefficient 
shows that the level of price distorti on in Mexico was 4% between 2008 and 2010.14 Nevertheless, 
the report also mentions that in the last decade Mexico increased input-related payments, in 
particular for electricity and for price hedging contracts. Moreover, it points out that the PROCAMPO payments programme, originally envisa ged as being temporary, was extended over 
the period from 2008 to 2012 without its objectives being properly redefined. Also according to 
the OECD report, despite an increase in disbursements of 61% in real terms during the period from 2007 to 2012
15, the PEC, aimed at the integrated de velopment of rural areas (including 
infrastructure, health, education and the environment), has failed to deliver as a horizontal 
planning tool. 
4.28.  The OECD report also states that only three products received specific payments (SCT) of 
more than 10%: wheat (14%), sugar (12%) and soya (12%), while the most important raw 
material, maize, received SCT at 7% (in 1993 it received 43%). In conclusion, the report 
recommends that public policy be oriented towards promoting investment in infrastructure and innovation, both in the agricultural sector and in the economy in general, with the aim of achieving 
a greater level of consistency between the different areas of public policy, such as agricultural 
production, rural development, poverty reduction and environmental protection.
16 
4.29.  In the Uruguay Round, Mexico undertook to reduce its financial support for agricultural 
producers, in accordance with the definition established in the negotiations, from approximately 
Mex$29 billion (1991), which was the Aggregate Measurement of Support (AMS) for the base 
period 1986-1988, to somewhat over Mex$25 billion in 2004 (at 1991 prices).17 From Mexico's 
notification of domestic support commitments for the years 1999 to 2004 it can be seen that the 
AMS notified by Mexico to the WTO was far below these levels, while, according to the latest 
notification, the total decreased from Mex$894.6 million in 2005 to Mex$589.3 million in 2007 (figures in constant 1991 prices).
18 
4.2.4  Policy instruments 
4.2.4.1  Border measures 4.30.  In 2012, the average MFN tariff for agricultural products (WTO definition) was 20.9%, below 
the 23% recorded in 2007
19, but considerably higher than the average tariff applied to 
non-agricultural products, which was 4.6% in the same year (Chapter 3.2.5). 
4.31.  In the Uruguay Round negotiations, Mexico  undertook to grant tariff quotas for various 
agricultural products, including milk in powd er, hard and semi-hard cheese, coffee, coffee 
essences and concentrates, poultry meat and edible offal, animal fats, potatoes fresh or chilled, 
                                               
13 OECD (2011a). 
14 Percentage by which the price level of Mexican ag ricultural products exceeds world prices, according 
to OECD calculations. The greatest discrepancies are fo r sugar (15%), chicken (11% ) and dairy products (6%). 
See OECD (2011a). 
15 SAGARPA (2012c). 
16 OECD (2011a). 
17 Schedule LXXVII-Mexico. Part IV. Section I. 
18 Figures in constant 1991 prices. WTO document G/AG/N/MEX/21 of 15 November 2010. 
19 In the case of products subject to tariff quotas, on ly out-of-quota tariffs were used to calculate the 
average tariff. WT/TPR/S/279/Rev.1 • Mexico 
 
- 116 - 
  beans (except for seed), wheat, barley, maize (except popcorn and for seed) and products with a 
high sugar content (Table 4.2). For these products a bound in-quota tariff, initial and final, of 50% was established, except for milk in powder for wh ich the tariff was set at 0%. The bound tariffs for 
out-of-quota imports were established at much hi gher rates that had to be progressively reduced 
over a specified transition period (1995 to 2004). Mexico did not undertake any commitment to 
increase the quota volume, except in the case of coffee and sugar products.
20 
Table 4.2 Multilateral tariff qu otas and import volume, 2012 
(US$) 
Description 
(HS) Applied tariff Bound tariff Bound MFN quota 
volume (tonnes) Import volume under 
quota 2011 (tonnes)a In-quota Out-of-quota In-quota  Out-of-quota  
Milk in powder 80,000b 59,252 
04021001 0% 63% 0% US$1,044/tonne but not 
<125.1%   
04022101 0% 63% 0% US$1,044/tonne but not 
<125.1%   
Cheese, hard and semi-hard 2,405c 449 
04061001 50% 125% 50% US$1,044/tonne but not 
<125.1%   
04063001 50% 125% 50% US$1,044/tonne but not 
<125.1%   
04063099 50% 125% 50% US$1,044/tonne but not 
<125.1%   
04069003 50% 125% 50% US$1,044/tonne but not 
<125.1%   
04069005 50% 125% 50% US$1,044/tonne but not 
<125.1%   
04069099 50% 125% 50% US$1,044/tonne but not 
<125.1%   
Coffee; coffee extracts, essences and concentrates 20,800  214 
09012101 50% 72% 50% 72% (60 kg sacks)  
09012201 50% 72% 50% 72%   
09019001 50% 72% 50% 72%   
09019099 50% 72% 50% 72%   
21011101 50% 140.4% 50% US$0.32/kg but not 
<140.4%   
21011102 50% 140.4% 50% US$0.32/kg but not 
<140.4%   
21011199 50% 140.4% 50% US$0.32/kg but not 
<140.4%   
21011201 50% 140.4% 50% US$0.32/kg but not 
<140.4%   
Meat and edible offal 1,000 d (1) 
02071403 50% 234% 50% US$1,512/tonne but not 
<234%   
02071404 50% 234% 50% US$1,512/tonne but not 
<234%   
02071499 50% 234% 50% US$1,512/tonne but not 
<234%   
02072601 50% 234% 50% US$1,512/tonne but not 
<234%   
02072602 50% 234% 50% US$1,512/tonne but not 
<234%   
02072699 50% 234% 50% US$1,512/tonne but not 
<234%   
02072703 50% 234% 50% US$1,512/tonne but not 
<234%   
02072799 50% 234% 50% US$1,512/tonne but not 
<234%   
02073599 50% 234% 50% US$1,512/tonne but not 
<234%   
02073699 50% 234% 50% US$1,512/tonne but not 
<234%   
Animal fats 2,111e (1) 
02090001 50% 254% 50% US$837/tonne but not 
<254%   
02090099 50% 254% 50% US$837/tonne but not 
<254%   
15010001 50% 254% 50% US$837/tonne but not 
<254%   
15161001 50% 254% 50% US$837/tonne but not 
<254%   
Potatoes, fresh or chilled 1,000f (1) 
07019099 50% 245% 50% US$318/tonne but not 
<245%   
Beans, except for seed 5,000g (2) 
07133302 50% 125.1% 50% US$360/tonne but not 
<125.1%   
07133303 50% 125.1% 50% US$360/tonne but not 
<125.1%   
07133399 50% 125.1% 50% US$360/tonne but not 
<125.1%   
                                               
20 Mexico's Schedule of Conc essions (Schedule LXXVII-Mexico. Sections 1A1 and 1B1). WT/TPR/S/279/Rev.1 • Mexico 
 
- 117 - 
  Description 
(HS) Applied tariff Bound tariff Bound MFN quota 
volume (tonnes) Import volume under 
quota 2011 (tonnes)a In-quota Out-of-quota In-quota  Out-of-quota  
Wheat 98,076h (1) 
10011001 50% 67% 50% US$90/tonne but not 
<67%   
10019099 50% 67% 50% US$90/tonne but not 
<67%   
Barley     1,200i (1) 
10030002 50% 115.2% 50% US$144/tonne but not 
less than 115.2%   
10030099 50% 115.2% 50% US$144/tonne but not 
less than 115.2%   
Maize     10,000j (3) 
1005.9003 50% 0% 50% US$185/tonne but not 
less than 194%   
1005.9004 50% 0% 50% US$185/tonne but not 
less than 194%   
1005.9099 50% 0% 50% US$185/tonne but not 
less than 194%   
Sugar and products with  a high sugar content 183,800 (1) 
17022001 50% 15% 50% US$0.18/kg but not 
<78.3%   
17023001 50% 15% 50% US$0.29/kg but not 
<117%   
04029901 50% 15% + 
US$0.36/kg 50% US$0.18/kg but not 
<78.3%   
 
04029999 50% 20% + 
US$0.36/kg 50% US$0.18/kg but not 
<78.3%  
  
18062001 50% 20% + 
US$0.36/kg 50% US$0.216/kg but not less 
than 94%   
18063201 50% 20% + 
US$0.36/kg 50% US$0.216/kg but not 
<94%   
18069001 50% 20% + 
US$0.36/kg 50% US$0.216/kg but not 
<94%   
18069002 50% 20% + 
US$0.36/kg 50% US$0.216/kg but not 
<94%   
18069099 50% 20% + 
US$0.36/kg 50% US$0.216/kg but not 
<94%   
19019003 50% 10% 50% US$0.252/kg but not 
<109%   
19019004 50% 10% 50% US$0.252/kg but not 
<109%   
19019005 50% 109% 50% US$0.252/kg but not 
<109%   
19019099 50% 10% + 
US$0.36/kg 50% US$0.252/kg but not 
<109%   
21039099 50% 20% 50% US$0.27/kg but not 
<117%   
21069001 50% 15% 50% 22.5%   
21069002 50% 15% + 
US$0.36/kg 50% US$0.165/kg but not 
<71%   
22029001 50% 10% 50% US$0.108/kg but not 
<47%   
22029002 50% 20% 50% US$0.108/kg but not 
<47%   
22029003 50% 20% 50% US$0.108/kg but not 
<47%   
22029004 50% 20% 50% US$0.108/kg but not 
<47%   
22029099 50% 20% + 
US$0.36/kg 50% US$0.108/kg but not 
<47%   
(1) Mexico's imports on preferential terms exceed the amount of the WTO bound quota. 
(2) Quotas not applied. Bett er market access conditions (with respec t to the quota) on unilateral terms. 
(3) Quotas not applied. Better  market access conditions on most-favoured-nation terms. 
a Import volume includes impo rts under unilateral quotas. 
b Total quota: 120,000 tonnes, including 40,000 tonnes allocated to the United States. c Total quota: 9,385 tonnes, including 6,980 tonnes allocated to the United States. d Total quota: 40,543 tonnes, including 39,543 tonnes allocated to the United States. e Total quota: 39,623 tonnes, including 37,512 tonnes allocated to the United States. f Total quota: 8,340 tonnes, including 7,340 tonnes allocated to the United States. g Total quota: 56,500 tonnes, including 50,000 tonnes allocated to the United States and 1,500 to 
Canada. 
h Total quota: 604,612 tonnes, including 333,964 tonnes allocated to the United States and 172,567 
to Canada. 
i Total quota: 4,742 tonnes, including 1,215 tonnes allocated to the United States and 2,317 to 
Canada. 
j Total quota: 2,511,000 tonnes, including 2,500,000 tonnes allocated to the United States and 1,000 
to Canada. 
Source: Compiled by the WTO on the basis of inform ation provided by the Ministry of the Economy and 
Schedule LXXVII-Mexico. WT/TPR/S/279/Rev.1 • Mexico 
 
- 118 - 
  4.32.  As mentioned in the previous TPR and as will be appreciated from the footnotes to the 
preceding table, in Mexico's Schedule of Concessions most of the tariff quotas include access rights reserved for specified countries and are not open to other countries. For example, the United States was allocated 99.9% of the quota for maize, 97% of that for poultry 
meat, 94% of that for animal fats, 88% of that for beans, and 75% of that for cheese
21, while 
Canada received a substantial share of the barley (49%) and wheat (28%) quotas. What remained of the quotas was granted to other countries. Coffee and sugar products are the only products for 
which reserved access rights were no t stipulated in Mexico's Schedule. 
4.33.  Mexico's latest notification to the WTO concerning tariff quota administration and imports 
was submitted in September 2012 and covered the period 2008 to 2010.
22 As in the previous 
notification23, the information provided showed that th e only quota used during the period was 
that for milk in powder (see paragraph 38), while for the remaining products there were no 
in-quota imports since better access conditions were available in practice. However, according to the information provided by Mexico for this Review, in 2011 quotas were opened for milk in 
powder, cheese and coffee (Table 4.2). In other cases, WTO quotas were not used because the 
products concerned could be imported on better conditions under bilateral agreements or unilateral quotas; this applies, inter alia , to barley, beans and coffee. In other instances, as in the 
case of several sugar products and maize, the app lied out-of-quota tariff is lower than the in-quota 
one, making it unnecessary to administer these quotas. 
4.34.  The Ministry of the Economy (SE) administers import quotas under a certification system, in 
accordance with Article 24 of the Foreign Trade Law (1993)
24 and on the basis of the SE's Decision 
issuing General Rules and Criteria for Foreign Trade and the corresponding Decisions published in 
the Official Journal for each of the quotas in force.25 These instruments lay down the following 
allocation procedures: competitive bidding; proc edures in accordance with the international 
treaties signed by Mexico; or any other justified procedure established by the SE after consulting 
the Foreign Trade Commission. On the basis of this provision, the SE has opted for direct allocation on the "first come, first served" principle for assigning WTO tariff quotas. Since 2006, a direct 
allocation mechanism has been used for milk in powder quotas (see below). Quota certificates are 
nominative and non-transferable. 
4.35.  Previously, the requirements and procedures for allocating quotas were published annually 
in the Official Journal. However, during the revi ew period this practice was abandoned and they 
are now being published multiannually. The Multiannual Decision announcing the mechanism for 
allocating tariff quotas established within the framework of Mexico's WTO commitments for imports of cheese and coffee was last published in May 2008.
26 The Decision stipulates that, in accordance 
with the Foreign Trade Law, allocations will be made on a "first come, first served" basis. 
4.36.  During the review period, the only directives published annually in the Official Journal 
concerning import quotas were those relating to the duty-free quotas for milk in powder. 
The latest update was announced in a 2012 Decision.27 The out-of-quota tariff was reduced 
to 63% (in 2007 it was 125.1%). 
4.37.  In accordance with the provisions of the above-mentioned Decision, in 2012 the tariff 
quotas for milk in powder bound in the WTO were distributed as follows: 50% was granted directly 
to the State-owned enterprise (LICONSA) for its entitlement programme for supplying milk to 
lower-income groups at preferential prices; 47% was allocated directly to private companies that 
                                               
21 In its Schedule of Concessions LXXVII, Mexico in dicated that quantities ha d been allocated to the 
United States and Canada by virtue of and in accordan ce with the terms and conditions of the North American 
Free Trade Agreement. 
22 WTO document G/AG/N/MEX/23 of 28 September 2012. 
23 WTO document G/AG/N/MEX/18 of 11 March 2009. Covers the period 2000 to 2007. 
24 The Law was slightly amended in 2006 by a Decree published in the Official Journal of 
21 December 2006. 
25 General Rules and Criteria for Foreign Trade issu ed by the Ministry of the Economy. Viewed at: 
http://www.siicex.gob.mx/portalSiicex/SICETECA/Rules/RulesSE.htm . 
26 Decision announcing the mechanism for allocating tariff quotas for imports in 2008, with the 
preferential tariffs established within  the framework of Mexico's commitme nts in the World Trade Organization, 
published in the Official Journal of 16 May 2008. 
27 Decision announcing the minimum quota in 2012 for duty-free imports of milk in powder originating 
in Member countries of the World Trade Organization, published in the Official Journal of 30 December 2011. WT/TPR/S/279/Rev.1 • Mexico 
 
- 119 - 
  use milk in powder in their production processes; and the rest was reserved for natural or legal 
persons registered as a border enterprise located in Quintana Roo or in the southern border strip adjoining Guatemala. In the first two cases quotas are allocated through the Directorate-General of Foreign Trade (DGCE), under various procedur es. For private companies the calculations are 
based on a formula that takes into account any previous allocations, the amount requested, the 
total consumption of dairy raw materials and the total amount available for allocation. 
4.38.  The milk in powder quota reserved for the private sector is subject to the production of 
supporting documentation, including a description of the production machinery employed, the 
monthly consumption of raw materials broken down by provenance (domestic or imported) and the product brands or lines in which the dairy raw materials are to be incorporated. A technical requirement is included for milk in powder, whole or skimmed. In order to promote the more 
efficient utilization of this tariff preference an d the competitiveness of the production chain, 
allocations are made in two periods: the first during the month of January and the second during the month of August. 
4.39.  As already mentioned in Chapter 3, in order to supplement the domestic supply and avoid 
adverse effects on the agrifood chain Mexico maintains unilateral quotas with tariffs lower than those established in its WTO Schedule of Concessions. In 2011, the agricultural products subject to 
both multilateral and unilateral quotas included roasted and ground coffee, instant coffee, coffee 
extract, unhulled barley and beans (except for seed). Other agricultural products had unilateral quotas only: sugar, oats, Egmont cheese, prepar ations based on dairy products, duck, goose or 
guinea-fowl and malt. 
4.40.  In 2012, among the unilateral quotas there was also one for importing "Preparations based 
on dairy products with a milk solids content of more than 50% by weight, except for those of HS subheading 1901.90.04" under th e preferential tariff laid down.
28 The 2012 Decision 
indicates that imports are needed to supplement the domestic supply of certain dairy products, so 
that the industries that use them in their production processes can have access to them under conditions similar to those that exist abroad. In this case, the quota allocated was 44,200 tonnes, 
with 23% for LICONSA, 27% for the private sector, 50% for industrial enterprises using these 
dairy raw materials as an input that had already received direct allocations in 2011, and the remaining percentage for similar enterprise s that had not had previous allocations.
29 
4.41.  According to information provided by the Mexican authorities, imports of both yellow maize 
and white maize have been freed of tariffs at multilateral level.30 In practice, market access is 
better under MFN conditions (Table 4.2). Since the last Review, the out-of-quota tariff for barley 
has been reduced from 155% to 115.2% and the ta riff for potatoes from 254% to 245%, while the 
tariff for common wheat ( Triticum aestivum ) has been eliminated (previously 67%).31 Similarly, 
the out-of-quota tariff for the line "Other" within the category "sugar and products with a high sugar content" has been reduced to 10% plus US$0.36 per kg.
32 
4.42.  As in the previous Review, Mexico continues to apply preferential tariff quotas for imports of 
specific agricultural products from countries with which it has free trade agreements, such as: Colombia (beef, milk in powder, butter, milk fat, cheese, wheat flour, groats and meal, vegetable oils, blancmange and beverages containing milk); Costa Rica (ultra-pasteurized milk and powders 
for preparing beverages); Israel (kosher coffee and fresh flowers); European Union and 
Guatemala (tuna); Uruguay (cheese, honey, preparations for baking, pastry-making and biscuit-making, and ground and powdered meat or offal); Japan (beef and poultry; oranges and 
orange juice, honey, bananas, tomato ketchup, juice, purée, paste and sauce, green tea, apples, 
                                               
28 The MFN import tariff for these products is 109%, as specified in the Law on General Import and 
Export Taxes. 
29 The product in question is classified in Harmonized System (HS) subheading 1901.90.05. "Decision 
announcing the quota for importing in 2012 with the tariff-quota established, preparations based on dairy products with a milk solids content of more than 50% by weight, except for those of subheading 1901.90.04", published in the Official Journal of 30 December 2011. 
30 Decree of 27 May 2008 "establishing various sectoral promotion programmes", published in the 
Official Journal of 2 August 2008. 
31 HS subheadings: 1003.00.99 (barley), 0701.90.99 (potatoes), 1001.90.01 (common wheat 
(Triticum aestivum )). 
32 HS subheading 1901.90.99. WT/TPR/S/279/Rev.1 • Mexico 
 
- 120 - 
  dextrin and sorbitol); Nicaragua and El Salvador (sugar)33; and Peru (evaporated milk and caramel 
fudge ( dulce de leche ), beans, Cavendish banana, avocados , oranges, grapefruit and lemons, 
paprika, maize, cocoa beans, cocoa paste, butter and oil and cocoa powder, milk preparations and 
canned pimentos). There are also quotas for some Latin American countries with which Mexico has 
agreements within the LAIA framework, such as: Argentina (vegetable oils (sunflower and 
hydrogenated castor oil), plums stoned and unstone d, and peaches in syrup); Cuba (shrimp, rum, 
cigars, lobsters whether or not frozen, sweets, chocolate); Panama (fish fresh or frozen, shrimp 
whether or not frozen, fish oil, sardines, rum, fish meal). 
4.43.  Mexico has notified the WTO that it grants export subsidies for wheat and maize. The latest 
notifications cover the period from 1999 to 2007 (Table 4.3).34 Within the context of the present 
Review, the authorities have stated that, at November 2012, Mexico was in the process of 
preparing further notifications. 
Table 4.3 Export volumes for agricultural products, 1999-2007 
(Thousands of tonnes) 
Product 1999 2000 2001  2002  2003  2004  2005 2006 2007  
Wheat 132 335 478 440 112 193 544 439 311 
Maize 0 0 0 152 0 0 0 95 228 
Source: Compiled by the WTO Secretariat on th e basis of documents submitted to the WTO. 
4.44.  Under Article 18.2 of the Agreement on Agriculture, Mexico has notified the WTO that since 
it joined the WTO it has not made use of the special safeguard provisions. The most recent 
notification covers the years 2008, 2009 and 2010.35 
4.2.4.2  Domestic support measures 4.2.4.2.1  Institutional framework and disbursements 
4.45.  The institutions that support the agricultural sector were reorganized during the review 
period. During the last six years, SAGARPA's pr ogramme of action has been restructured and 
reduced to six main strategies: Support for Inve stment in Equipment and Infrastructure; Support 
for Agricultural Income; Risk Prevention and Management; Capacity Building, Technological 
Innovation and Rural Extension; Sustainability of Natural Resources; and Development of Agricultural and Fishery Markets and Information. Agricultural Marketing Support and 
Services (ASERCA), which is part of SAGARPA, is a decentralized administrative unit with 
responsibility for supporting the development of th e agricultural sector, agricultural profitability 
and producer incomes. ASERCA currently operates two programmes: Promotion of Exhibitions and Fairs; and Risk Prevention and Management. Up  until September 2012 ASERCA was also operating 
the PROCAMPO programme, described below. 
4.46.  The budget managed by SAGARPA in 2011 amounted to Mex$74,927 million, while 
the 2012 budget envisaged expenditure of Mex$71 ,378 million. At 31 July 2012, the breakdown of 
actual expenditure between the various programmes was as follows: Support for Investment in 
Equipment and Infrastructure (10.5%); Support fo r Agricultural Income (28.8%); Risk Prevention 
and Management (25.6%); Capacity Building, Technological Innovation and Rural 
Extension (5.2%); Sustainability of Natural Resources (11.3%); and Development of Agricultural 
and Fishery Markets and Information (0.7%).
36 
4.47.  In 2010, subsidies accounted for 82% of budget implementation, with a total 
of Mex$58,809 million (US$4,746 m illion). The authorities granting the most subsidies were: 
Agricultural Marketing Support and Services, ASERCA (45%), Undersecretariat of 
                                               
33 The preferential quota is opened only  when Mexico needs to import sugar. 
34 WTO documents G/AG/N/MEX/16 of 7 February 2008, G/AG/N/MEX/17 of 7 February 2008, 
and G/AG/N/MEX/20 of 15 November 2010. 
35 WTO document G/AG/N/MEX/24 of 28 September 2012. 
36 Anexo estadístico del Sexto Informe de Gobierno . Viewed at: 
http://www.informe.gob.mx/sexto_informe.html . WT/TPR/S/279/Rev.1 • Mexico 
 
- 121 - 
  Agriculture (16.7%), General Livestock Coordination (10.1%), Undersecretariat of Rural 
Development (9.8%), and the Undersecretariat of Promotion of Agribusiness (5.5%).37 
4.2.4.2.2  PROCAMPO 4.48.  Mexico continues to implement the Direct Support to Farmers Programme (PROCAMPO), 
instituted in 1994 and one of the most import ant means of providing domestic support for 
agriculture.
38 Initially, PROCAMPO was to have ended in January 2008, but the National 
Development Plan 2007-2012 provided for it to continue until the end of 2012. The latest 
amendment to the rules was published in the O fficial Journal of 31 March 2011, since when the 
programme has been called "PROCAMPO for a Better Life". PROCAMPO provides for direct payments per hectare to producers who plant any legal crop, on condition that the land continues to be used for agricultural production or for an environmental protection programme authorized by 
the Secretariat of the Environment and Natural Resources (SEMARNAT).
39 
4.49.  On 18 June 2012, the Decision amending, a dding and repealing various provisions of the 
rules of operation of PROCAMPO for a Better Life was published in the Official Journal. In 
accordance with this Decision, on 2 July  2012 the operation of PROCAMPO became the 
responsibility of SAGARPA's Directorate-General for the Operation and Exploitation of Registers.40 
4.50.  The support provided by PROCAMPO consists of a single payment per hectare or fraction of 
a hectare, in the equivalent agricultural cycle for which the eligibility of the area was confirmed at 
the time of registration in the PROCAMPO director y. The support is calculated on the basis of the 
area planted, even if two or more eligible crops are interplanted, and is delivered to producers who can show that they own or occupy in good faith or in derivative possession (lease, beneficial 
ownership, share-cropping) holdings with eligible areas under cultivation registered 
with PROCAMPO. PROCAMPO benefits both those pr oducers who send their product to market and 
those who produce for their own consumption, sinc e the payment is based on the area planted in 
the base period and not on the marketing of the product. 
4.51.  The maximum amount of support per individual beneficiary, per crop cycle, is Mex$100,000. 
The amounts are paid per hectare in accordance with the following allocation ( cuota ) system. The 
alliance allocation ( Cuota Alianza ) (Mex$1,300 per hectare) is paid to producers with holdings of 
up to 5 hectares growing spring-summer season crops. The normal allocation ( Cuota Normal ) 
(Mex$963) goes to the remaining producers, i rrespective of the season. In July 2011, there 
were 1.6 million producers receiving the alliance allocation. 
4.52.  With a view to giving preferential treatm ent to lower-income producers, holdings with an 
area of less than one hectare receive PROCAMPO pre-sowing support corresponding to a full hectare. It is estimated that there are around 181,000 beneficiaries (6.7% of the total) with an 
area of less than 1 hectare.
41 
4.53.  During the review period, PROCAMPO was used more intensively in terms of the number of 
users to benefit and the land involved, but disbursements declined. Thus, between 2007 and 2010, 
the area cultivated and the number of farmers to benefit from PROCAMPO increased by 13.2% 
and 15.7%, respectively, reaching 13.6 million hectar es and 2.8 million farmers. At the same time, 
total PROCAMPO payments fell from Mex$15,519 million (around US$1,420 million) in 2007 to 
some Mex$14,780 million (around US$1,193 million) in 2010.42 Annual PROCAMPO programme 
expenditure averaged some Mex$15,000 million during the review period, with a peak 
in 2009 (Mex$16,643 million or approximately US$1,276 million).43 The budget authorized in 
the PEF under the item PROCAMPO for a Better  Life (PROCAMPO) for the fiscal year 2012 
amounted to Mex$14,718 million; out of this tota l, Mex$14,450 million (98.2%) was allocated to 
                                               
37 SAGARPA (2012d), p. 8. 
38 PROCAMPO was established by the "Decree regula ting the Direct Support to Farmers Programme 
known as PROCAMPO", published in the Official Journal of 25 July 1994. 
39 ASERCA online information. Viewed at: http://www.aserca.gob.mx/artman/publish/article_ 183.asp . 
40 SAGARPA (2012b). 
41 SAGARPA (2011), p. 115. 
42 Office of the President of the Republic (2011a), p. 116. 
43 Office of the President of the Republic (2011a), Anexo Estadístico . WT/TPR/S/279/Rev.1 • Mexico 
 
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  subsidies for the support of 2.7 million beneficiar ies, with the rest being allocated to operating 
expenses. 
4.54.  During the review period, the initiative Alliance for Rural Areas (later called 
Alliance with You) was dismantled. This project, which was maintained from 1996 to 2010 for the 
purpose of promoting technological development an d agricultural productivity, packaged together 
numerous programmes, including investment subsidies, agricultural services and rural development programmes. From 2010 onwards, the resources of the Alliance, together with other 
programmes, came under the Federal Budget. 
4.2.4.2.3  Programme of Support for Inve stment in Equipment and Infrastructure 
4.55.  The objective of the Support for Investment in Equipment and Infrastructure programme  is 
to increase the capitalization of economic units in the agricultural, aquacultural and fishing sectors 
through additional support for equipment and infrastructure investment in primary production 
activities, value-added processes, and market access  and for the construction and rehabilitation of 
public production infrastructure for the common good. 
4.56.  Under the agricultural component, the maximum amount of support for purchasing 
machinery and equipment, including that necessary for primary agricultural production activities, and for infrastructure and planting stock is up to 50% of the value of the project with a limit 
of Mex$750,000 per natural or legal person (up to 75% for producers located in areas with high 
and very high levels of marginalization). In some cases the support provided is determined more specifically. For example, for new improved irrigation systems to operate within the holding or plot, even though the general limit is that mentioned above, there are also maximum amounts of 
support per hectare.
44 For tractors, the support is for up to 50% of the purchase price, with a limit 
of Mex$150,000, subject to a certificate issued by the Agricultural Implements and Machinery 
Certification Board (OCIMA).45 For investment in infrastructure and equipment under the protected 
agriculture system, which includes irrigation and mulching systems, the support is up to 50% of 
the cost of the project, with a limit of Mex$3.6 million, per economic agricultural production unit, 
with account for certain maximum levels of support per hectare.46 For technological packages 
linked with a production restructuring or prod uction capacity recovery project, previously 
authorized by SAGARPA, the support is up to 30% of the cost. 
4.57.  There are similar incentives for livestock farming and fishing. In livestock farming, the 
specific objective is to increase the capitalization  of the economic units of the livestock producers, 
through complementary support for investment in capital goods for primary production, which 
includes fodder production and processing, and the conservation and management of grazing areas. In fishing, the specific objective is to incr ease the capitalization of fishing and aquacultural 
economic units through complementary support for strategic capital goods investment in 
equipment and infrastructure, for carrying out primary production activities, including conservation and management.
47 
4.58.  The programme also has a Regional or State Support  component. In these cases, for 
infrastructure, machinery and equipment for carrying out agricultural, livestock and aquacultural production activities, including conservation and management, support is provided for up to 50% of the value of the works and equipment envisaged in  the project, with a li mit of Mex$5 million per 
legal person or 75% for producers in localities with high or very high levels of marginalization. The 
                                               
44 For multi-emitters and alfalfa valves, the maximum support is Mex$10,000 per hectare. For sprinkling 
the limit is Mex$15,000 per hectare; for microsprinkling and for trickling Mex$20,000; and for hothouses already in operation Mex$30,000 per 2,500 m
2 hothouse module or pro rata . 
45 The Agricultural Implements and Machinery Certific ation Board (OCIMA), set up in 2003, is an agency 
of the National Institute for Forest ry, Agricultural and Livestock Research, itself part of SAGARPA, and is 
responsible for certifying th e quality of agricultural machinery and eq uipment, with the aim of supporting the 
farmer and guaranteeing compliance with Mexican standa rds (NMX) and the specifications necessary to ensure 
good performance. OCIMA online  information. Viewed at: 
http://www.inifap.gob.mx/tra nsferencia_tec /ocima.html . 
46 Micro tunnel: fixed support equal to Mex$100,000; macro tunnel, Mex$200,000; shade house or 
netting, Mex$400,000 per hectare, up to Mex$2.4 million per project; hothouses, fixed support equal 
to Mex$1.2 million per hectare, up to Mex$3.6 million per project. For small producers with projects of up 
to 2.500 m2 the support is equal to 60%, with a limit of Mex$600,000. 
47 SAGARPA (2012a). WT/TPR/S/279/Rev.1 • Mexico 
 
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  specific objective of the Protected Agriculture  component is to promote the production of healthy 
high-quality food, with the focus on the value network and sustainability, through production under protected agriculture. The amount of su pport depends on the area and the location. 
Most support (60%) is granted to new producers with an area of less than 5 hectares in localities 
with high and very high levels of marginalization. Producers with larger holdings and a more 
advantageous geographical location receive su pport amounting to 20, 30 or 45%, subject to 
maxima per project or per hectare. For example, fo r agricultural plastic recycling plants, there is a 
limit of Mex$3 million per project and Mex$200,000 for agricultural plastic collection centres. There 
are also ceilings per project for the main serv ices, for example, Mex$100,000 for training in 
production, post-harvest activities and marketing and agricultural insurance, traceability, and information systems and Mex$1 million for the development of technologies for various crops and 
agro-ecological zones. In the case of the Fish Farm Electrification  component, the maximum 
support is 60% of the total cost of the electrific ation project with a ceiling of Mex$60 million per 
project. 
4.59.  Where the Fishing and Aquaculture  Infrastructure  component is concerned, the support is 
up to 70% of the total value of the investme nt required by the project, with a maximum 
of Mex$1.5 million. For fish farm electrical equi pment it is up to 40% of the total value of the 
investment required by the project, with maxima of Mex$1.5 million (ramps), 
Mex$4 million (integral moorings and floating piers), Mex$5 million (artificial reefs), Mex$7 million (fish markets) and Mex$30 mi llion (dredging and breakwaters). For the Ecological 
Marine Engine Replacement component, the support is the lesser of 50% of the total cost of the 
marine engine and a ceiling of Mex$90,000. 
4.60.  The Post-Production Handling component is divided into two main subcomponents: 
(a) PROVAR, whose objective is to improve the effi ciency of the agriculture, livestock and fishing 
supply chain through modernization and increased post-production capacity, by reducing losses 
and adding value to the products, in the domest ic and international markets; and (b) FIMAGO, 
whose objective is to improve the efficiency of  the cereal and oilseed supply chain, through 
support for collection, storage, handling, monitoring and quality control equipment and 
infrastructure, thereby contributing to greater integration in the domestic and international markets. The coverage is national, except for PROVAR which, where coffee is concerned, operates only in the States of Chiapas, Colima, Mexico, Guerrero, Hidalgo, Jalisco, Nayarit, Oaxaca, Puebla, 
San Luis Potosí and Veracruz. Under FIMAGO up to 49% of the investment is supported, with a 
limit of Mex$5 million, and under PROVAR up to 35% of the investment with a limit of Mex$3 million. 
4.61.  The Fishing Fleet Modernization and Rationalization of the Fishing Effort component provides 
support of up to 50% of the cost with a limit of Mex$1 million for fishing fleet restructuring. The Genetic Resources  component supports up to 100% of the cost of projects to assess the 
impact of genetically modified organisms (GMOs) on agricultural genetic resources, and up to 50% 
in cases involving the evaluation, validation, impr ovement, handling, reproduction and sustainable 
use of genetic resources of biological or commercial importance, with a limit of Mex$5 million. The Agricultural Diesel/Agricultural Machinery Modernization component serves to support up 
to 50% of the cost of the equipment, with a limit of Mex$50,000, Mex$60,000 or Mex$110,000 
depending on the type of equipment. For developm ent projects, the support is up to 80% with a 
limit of Mex$2 million. Under the Marine Diesel  component, whose specific objective is to widen 
the operating margins of fish and aquacultural prod ucers by supplying fuel at preferential prices, 
for fish farms a marine diesel volume of up to 2 million litres per production unit has been fixed, on the basis of the hectares to be seeded, at a price of Mex$2.00 per litre of marine diesel. 
4.62.  The specific objective of the Promotion of Coffee Production  component is to support the 
incomes of coffee producers and enable them to implement production practices, measures and 
factors that make it possible to increase production volume and marketing. Support is linked to productivity, namely, Mex$160 per quintal, up to 10 quintals per hectare and up to 20 hectares 
per producer, for conventional coffee, and Mex$410/hectare for producers with recorded marketing 
in one of the two previous cycles and the curre nt cycle, up to 20 hectares per producer, for 
sustainable coffee. WT/TPR/S/279/Rev.1 • Mexico 
 
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  4.2.4.2.4  Risk prevention and management 
4.63.  The Risk Prevention and Management  programme operated by ASERCA helps agricultural, 
fish, aquacultural and other rural sector producer s to prevent, manage and administer risks by 
financial, sanitary and other means. It grants various kinds of support, each subject to a series of 
requirements: Supplementary Support for Target Income, Compensatory Support for the 
Introduction of Cereals and Oilseeds, Price He dging Support, and Market Management (which 
includes subcategories relating to export, movement and contract farming).48 
4.64.  The Supplementary Support for Target Income and Marketing subprogramme guarantees 
the producers of certain crops a minimum income by means of a transfer per tonne marketed. Its specific objectives are to incentivize cereal and oilseed production and strengthen the agrifood production and marketing chain by giving the producer income certainty and/or the buyer cost 
certainty. The "supplementary support" granted is equal to the difference between the market 
price and the target income, provided that the former is below a minimum target income threshold. This programme is of national scope, and the eligible crops are currently maize, wheat, 
sorghum, rice, soya, safflower, canola, sunflower and cotton.
49 SAGARPA determines a "maximum 
marketable production volume" for the eligible products. Supplementary income support is granted per tonne produced and marketed and is the same  for all of the producers of the corresponding 
state or region, regardless of the producer's indivi dual selling price. The produce cannot be for the 
grower's own consumption. Marketing support is up  to 85% of the costs inherent in the marketing 
process for the eligible product. Between 2007  and 2011, ASERCA's total annual expenditure 
under its Supplementary Support for Target Income and Marketing  subprogramme 
averaged Mex$9,851 million, reaching a maximu m of Mex$11,748 million (some US$840 million) 
in 2011.
50 
4.65.  Price Hedging Support  is also available. This mechanism is intended to protect the 
anticipated income of the producers and/or the cost of purchasing agricultural products. The 
products eligible for agricultural price hedging support are: maize, wheat, rice, sorghum, cotton, oats, coffee, orange juice, sugar cane, cocoa, barl ey, oilseeds and their derivatives, beef, pork and 
milk. Depending on the product, the hedge may be based on another product representative of 
price movements. ASERCA determines the hedge, whic h may be basic, i.e. authorized to deal with 
a specific marketing problem or to protect the income of the producers, or special, i.e. designed by ASERCA to deal with recurring marketing problems. The support is for up to 85% of the total cost 
of the premium for the futures options contract (put and/or call) for the producer and up to 50% 
for the consumer and marketer (or if an equivalent direct support hedge is not purchased, up to 50% of the cost of the call/put hedge purcha sed by the producer). Support worth up to the 
equivalent of US$8.00 is also offered to pay the commission for the hedge purchasing and 
administration service, together with up to 80% of the related costs of participating as a market maker, including the operating costs for joining an electronic market. Out of any profits generated 
by liquidation, ASERCA recovers up to 50% of its co ntribution. Any additional hedging profits go to 
the participant. 
4.66.   Support for Base Compensation in Market Risk Management  is activated in those cases in 
which the spot price does not offset the different ial between the "Physical Product Consumer Zone 
Base for Risk Management" and the "Standardized Consumer Zone Base for Risk Management". 
The support is this difference; if the result is positive, the support goes to the producer; if the result is negative, the support goes to the buyer. 
4.67.  The Compensatory Support for the Introduction of Cereals and Oilseeds  subprogramme is 
aimed at eligible products with comparative advantages in the use of natural resources and/or in agronomic, productive, economic or market aspect s, or at deficit crops with a potential demand, 
which help to discourage the cultivation of other crops with surpluses and/or marketing problems. 
                                               
48 ASERCA online information. Viewed at: http://www.aserca.gob.mx/artman/uploads/reglas 
de_operacion_sagarpa_ 123012_002.doc . 
49 In 2012, the target income (per tonne) was: maize (Mex$2,200); bread wheat (Mex$3,040); durum 
wheat (Mex$2,860); sorghum (Mex$2,000); safflower (Mex$4,690); canola (Mex$4,690); 
raw cotton (Mex$19,800), rice (Mex$3,300), soya (Mex$4,690), and sunflower (Mex$4,690). 
50 The 2011 data are estimates at 31 July of the same year. Viewed at: Office of the President of the 
Republic (2011), Anexo Estadístico . WT/TPR/S/279/Rev.1 • Mexico 
 
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  As in the previous case, the support is granted per tonne produced and marketed and is the same 
for all of the producers of the corresponding state or region. 
4.68.  The Market Regulation  subprogramme provides support for the movement of crops with 
surpluses and/or marketing problems, as well as for the promotion of the conclusion of contracts 
between producers and buyers, and for other spec ific marketing schemes that contribute to 
market regulation. For these types of support SAGARPA publishes the necessary supplementary legislative framework in the Official Journal. This subprogramme includes: (a) Support for Access 
to Feed Grains (maize, sorghum, wheat, triticale, barley and oats, among others), which is 
determined per tonne of feed grain that the crop  producer sells to the livestock producer, the 
processing industry for livestock use or the bala nced feed manufacturer, under contracts of sale; 
(b) Support for Exports; and (c) Support for Contract Farming (operation in which the producer 
sells the buyer his product, prior to the planting and/or harvest period, under a contract of sale) 
for grains and oilseeds. 
4.2.4.2.5  Support for Contract Farming 
4.69.  The beneficiaries of Support for Contract Farming also have certain supplementary 
instruments available. Support to Supplement Income from Contract Farming is fixed per contract and in calculating it the price paid to the producer is considered to be that indicated in the invoice 
or, where appropriate, the weighted average invoice price. This price is determined in dollars (to 
be paid at the fixing dollar exchange rate on the date of invoicing), at the time when the contract is registered and validated. By means of Support  for Base Compensation in Contract Farming, 
SAGARPA covers adverse mo vements that may occur during the period from contract registration 
and validation and to delivery of the crop. Base compensation involves paying for the movement 
between the Consumer Zone Base and the Standardized Consumer Zone Base (of the producer state).
51 Support for Exports is calculated as up to 100% of the difference between the cost of the 
Mexican product f.o.b. country of destination an d the f.o.b. price of the Mexican product under 
competitive conditions in the country of destination. 
4.70.  The Livestock Contract Farming  programme provides support for the producer and/or buyer 
to cover a percentage of the total cost of the premium paid for the futures options contract (put 
and/or call). The support is for up to 50% of the total cost of the premium. Support per producer is limited to the equivalent of 2,500 head of beef  cattle or 5,000 head of swine. To benefit from 
this programme, the contract of sale must be registered with ASERCA. 
4.2.4.2.6  PROGAN 
4.71.  In 2010, the Livestock Programme (PROGAN), which granted direct payments to producers 
(depending on the number of head of cattle) to fund the profitability of beef cattle farms and 
promote improvements in technology and infrastructure, was replaced by the Sustainable 
Livestock Production and Cattle and Apiculture Management programme (Nuevo PROGAN). The 
new PROGAN's specific objective is to increase livestock productivity through the introduction of 
the sustainable production technologies. The support granted is Mex$412.50 per animal unit, for 
producers with between four and 35 units, and Mex$330 per animal unit, for producers with more 
than 35 units. The maximum per producer is support equivalent to 300 animal units. Benefits in kind are also granted. Under the new PROGAN, support has been extended to the production of 
cow's milk in family farms, goat and sheep production and beekeeping.
52 In the first half of 2012, 
the programme granted Mex$3 billion to livestock  producers (some US$226 million), an increase 
of 60% over the same period in 2011.53 
                                               
51 The Consumer Zone Base is announced by SAGARPA and determined as "the price of the product in 
the consumer zone less the futures price on the exchange on the reference day". This is fixed in dollars and converted into pesos at an exchange rate established by SAGARPA with refe rence to the weighted value of the 
fixing exchange rate and the future value for the fi rst 15 days of the harvest period. The Consumer Zone 
Standardized Base is the price that SAGARPA announces by  publishing it in the Official Journal, in US$ per 
tonne, in accordance with the historical trend over the previous five years, international market conditions and 
the supply and demand conditions affecting the local and regional markets. 
52 SAGARPA online information. Viewed at: http://www.sagarpa.gob.mx/ganaderia/ 
Programmes/Paginas/PROGRAM.aspx . 
53 SAGARPA online information, Estado del Ejercicio Presupuestal al 31 de diciembre de 2011 . Viewed 
at: http://www.sagarpa.gob.mx . WT/TPR/S/279/Rev.1 • Mexico 
 
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  4.2.4.2.7  Other programmes 
4.72.  Under the Rural Energy Law (2002), low-inco me agricultural producer s benefit from special 
electricity subsidies and preferential prices for di esel used in crop and livestock farming machinery 
and equipment. The last update of the corre sponding energy tariffs was published in 
the Official Journal of 3 August 2012. 
4.73.  Under the Capacity Building, Technological Innovation and Rural Extension programme, 
support is granted in the form of technical assistance and training services, research projects and 
technology transfer. Within this programme, the Support for Project Integration component is 
aimed at improving the mechanisms for planning, communication and permanent cooperation between the economic players and those who pa rticipate in the implementation of rural 
development policies, plans and programmes.  The support available is Mex$500,000 
to Mex$2 million in the case of costs and 50% of the value of the project up to Mex$5 million. The 
goal of the Innovation and Technology Transfer component is to promote and support the 
implementation of research and technology transfer projects in crop and livestock farming, fishing 
and aquaculture. Support for the implementation of  specific research, validation and technology 
transfer projects can be up to Mex$1 million for projects at State level and up to Mex$20 million for projects with a regional or national impact. 
4.74.  The Natural Resources Sustainability programme is intended to contribute to the 
conservation, use and sustainable management of the natural resources utilized in primary production through the granting of support and services that make it possible to develop integrated systems, works, measures and sustainable practices which help to introduce a new 
production structure, including crops for the prod uction of bio-energy inputs, sustainable energy 
supplies, and the use of alternative energy source s, as well as the conservation and sustainable 
use of the soil, water and vegetation of the prod uction units. In the area of bio-energy and 
alternative sources, it seeks to promote the prod uction of biofuels, biofertilizers and organic 
manures and the use of renewable energy. The su p p o r t  i s  f o r  u p  t o  3 0 %  o f  t h e  c o s t  o f  t h e  
technological package, with a limit of Mex$750,00 0 per final beneficiary and up to a maximum of 
between Mex$3 million and Mex$5 million per projec t. Within this programme, guarantee support 
is also offered under the scheme "FONAGA Green " for bio-energy and/or renewable energy 
projects. The percentages and amounts of cover of the guarantee service depend on the region of 
the country, production line, project or type of credit. Assistance is also provided with the 
acquisition of assets for the same amount as the producer invests in capital, subject to a limit 
of Mex$750,000 per producer or Mex$50 million per project. Support is also provided for renewable energy projects. This varies between 30 % and 50% of the cost of the system up to a 
limit of between Mex$100,000 and Mex$1 million per beneficiary, depending on the system.  
4.2.4.3  Financing 4.75.  Two of the credit institutions of greatest importance for the Mexican agricultural sector are 
the Fideicomisos Instituidos en relación con la Agricultura or FIRA (Trust Fund for Agriculture) and 
Financiera Rural (Rural Financing), which in 2003 replaced the Rural Development Bank (Banrural). In 2011, FIRA financing reached a record level of 
Mex$111 billion (US$7,927 million), channelled ma inly into crop farming (65%), livestock 
farming (21%) and rural financing (9%). During the period from 2006 to 2011, the amount of 
financing grew at a year-on-year rate of 7%. Among other things, FIRA offers microcredit, facilities 
specially designed for financing repairs, and others for dealing with the effects of natural disasters. 
FIRA channels resources through the commercial banking system and the development banks and, 
more recently, through non-banking financia l intermediaries (NBFI), through which it 
granted Mex$18,614 million (US$1,330 million) in 2011.
54 
4.76.  For its part, in 2009, Financiera Rural lent an historic record of Mex$25,041 million, 
although in 2011 the amount was reduced to Mex$23,957 million, spread over approximately 286,000 producers. The institution contributed 14% of rural sector financing in 2011, channelling 48.2% of its lending through rural financial intermediaries (RFI). In the 
second half of 2011, a credit line at preferenti al rates, cofinanced by SAGARPA through the 
                                               
54 Office of the President of the Republic (2012). WT/TPR/S/279/Rev.1 • Mexico 
 
- 127 - 
  Financial Expansion Programme (PROFIN) and by the SE, was inaugurated. During this 
period Mex$6 billion in loans was granted using this facility.55 
4.77.  Within the framework of the PEC, the Ru ral Financing and Insurance Programme allocates 
funds to the above-mentioned institutions (FIR A and Financiera Rural) and to the insurer 
AGROASEMEX, the Rural Sector Capitalization and Investment Fund (FOCIR) and the National 
Savings and Financial Services Bank (BANSEFI). FOCIR provides banking services for the development of agro-industrial enterprises throug h private capital funds, while BANSEFI promotes 
savings and offers financial services for groups with no banking infrastructure through people's 
financial and savings and loan companies.
56 
4.78.  AGROASEMEX is the Federal Government agency responsible for developing an insurance 
system for the rural sector, by encouraging priv ate sector participation. Up until 2001, it was 
issuing insurance at subsidized rates directly to farmers; since then it has operated mainly as a 
reinsurer and channels the agricultural insurance subsidy through private insurers and insurance funds. Since 2003, it has offered protection agains t catastrophic weather events to strata of the 
rural population without access to commercial in surance schemes, and in 2007 it began providing 
pasture insurance. In 2011, AGROASEMEX used a final budget of Mex$1,118 million (some US$230 million) to subsidize agricultural insurance premiums, with crop 
farming receiving 77.8% and livestock farming 18.5% , while the rest went towards administrative 
expenses.
57 
4.79.  Mexico also has schemes for promoting insurance cover for producers and offers support in 
the form of guarantees. The specific objective of the Response to Natural Disasters in the 
Agricultural and Fishing Sectors  component of SAGARPA's general Risk Prevention and 
Management programme, described above, is to provide the rural sector with support to deal with 
the impact of natural disasters on agriculture, aquaculture and fishing. This is aimed at low-income 
producers without any form of public or priv ate insurance and producers who, while insured 
through private companies or insurance funds, wish to insure for an additional amount per hectare in the event of a natural disaster. The scheme offe rs support with the taking out of catastrophe 
insurance policies. The support has limits, per hectare and overall (up to 10 hectares can be 
covered per producer). For low-income producers the limit per hectare is Mex$1,300 for seasonal crops and Mex$2,200 for irrigated crops and perenn ial fruit-tree plantations and coffee and prickly 
pear crops. For livestock farming, the support is for up to 50 units and Mex$600 per unit in the 
case of nutritional supplements, and up to five units and Mex$1,500 per unit in the event of death. 
Where fishing is concerned, one vessel is covered per producer, for up to Mex$10,000; in aquaculture, the coverage is up to 2 hect ares per producer and Mex$8,000 per hectare or 
aquaculture unit (Mex$1,000 in the case of shellfish farming). The support for producers who, 
while having access to private commercial insurance, wish to insure for an additional amount per hectare to re-engage in their productive activity in the event of a natural disaster is 75 % of the 
total cost of the insurance premium, under the rules of the insurance premium subsidy programme 
operated by AGROASEMEX, up to Mex$3,000 per hectare. 
4.80.  The Guarantees  component of the above-mentioned programme offers guarantees of up 
to 100% of the outstanding balance of the loan for agricultural producers. Support is also offered 
with the payment of the agricultural insurance premiums for restoration of the productive activity, 
namely, up to 60% of the part of the insurance premium that corresponds to protection of the 
investments made by the producer, together with support for the constitution of venture capital, 
with a co-investment percentage of up to 35% of  the fund. There is also support for improving 
access conditions (credit supply), of up to 80% of the investment in infrastructure and equipment for new service centres, and a guarantee for covering the counterparty risk in derivatives 
operations, of up to 50% of the risk assumed. The unit responsible for these programmes is 
SAGARPA's Directorate-General for Risk Management , while the implementing bodies are FIRA and 
Financiera Rural, for guarantees, FOCI R, for venture capital, and AGROASEMEX.  
                                               
55 Financiera Rural (2011). 
56 Office of the President of the Republic (2011a). 
57 AGROASEMEX (2011). WT/TPR/S/279/Rev.1 • Mexico 
 
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  4.2.5  Fishing and aquaculture 
4.81.  The fishing and aquaculture sector grew at  an annual rate of 1.4% between 2006 and 2011. 
Sardines were the main product among the 1.4 million tonnes produced by the fishing industry.58 
4.82.  The General Law on Sustainable Fishing and Aquaculture of 2007 is the sector's most 
important regulatory instrument. Its purpose is to regulate, promote and administer the 
development of fishing and aquaculture resources on Mexican territory.59 The National Fishing 
Charter summarizes the diagnostic and basic assessment information for the management of the 
activity. Its contents are binding on the fisherie s authority in its decision-making and informative 
where the production sectors are concerned.60 
4.83.  The design and implementation of Mexican fishing policy are the responsibility of 
CONAPESCA, a decentralized office reporting to SAGARPA, committed to legality, quality and 
transparency, and responsible for promoting and developing mechanisms for coordination with 
various bodies for the purpose of implementing policies, programmes and regulations that guide 
and facilitate the competitive and sustainable deve lopment of the country's fishing and aquaculture 
sector.61 
4.84.  In 2011, SAGARPA granted around Mex $2,562 million (US$200.2 milli on) to CONAPESCA by 
way of transfers, allocations, subsidies and other aid, which represent 4% of the total granted. The 
resources were used, among other things, for the modernization of smaller inshore fishing boats, 
as well as for the modernization or replacement of the main fishing fleet, which catches 60% of total domestic production. During the period between 2007 and 2012, around Mex$504 million was invested in 164 infrastructure projects for the fishing and aquaculture sector.
62 
4.85.  Apart from the support programmes described  above, the fishing sector benefits from the 
Reduction of the Fishing Effort component of the Sustainability of Natural Resources  programme, 
the purpose of which is to contribute to the cons ervation and sustainable use of fishery resources 
as a result of the voluntary retirement of vessels that form part of the main fleet. The support 
amounts to up to Mex$1.3 million per vessel retired and is limited to enterprises or persons carrying out fishing activities under cover of a valid concession or permit for commercial shrimp 
fishing. The aim of the Fishery Inspection and Surveillance  component is to seek to promote the 
sustainable development of fishery and aquacultur e resources through the delivery of support for 
the implementation of preventive and operat ional fishery and aquaculture inspection and 
surveillance measures. Operating and development expenses, among others, are financed for up 
to Mex$2 million per natural person or Mex$6 million per organization. The Fishery and 
Aquaculture Management component aims to generate public policy instruments to support the 
regulation and administration of fishing and aqua culture activities, by encouraging the sustainable 
development of fishery and aquaculture resources through inshore fishing management projects. 
The support amounts to up to Mex$2.5 million per local or state instrument and up to Mex$20 million per regional instrument. The projects must be aligned on the National 
Sustainable Fishing and Aquaculture Framework Programme (PRNPAS) and the Sectoral 
Agriculture and Fisheries Development Programme 2007-2012. 
4.86.  The aim of the Inshore Gasoline  scheme is to widen the operating margin of inshore fishing 
producers by means of an "energy allowance" at incentive prices. In 2012, this energy allowance 
was up to 10,000 litres per vessel at an incentive price of Mex$2.00 per litre of inshore gasoline. 
CONAPESCA is the unit responsible for this programme. 
4.87.  In October 2008, Mexico requested consultations with the United States concerning certain 
provisions of United States law which establish the conditions for access to the use of a 
"dolphin-safe" label on tuna products, issued by the United States Department of Commerce, considering them to be discriminatory. Argentina, Australia, Brazil, Canada, Chinese Taipei, 
Ecuador, the European Union, Guatemala, Japan, the Republic of Korea, New Zealand, Thailand, 
                                               
58 CONAPESCA (2012). 
59 The latest update was published in the Official Journal of 7 June 2012. 
60 SAGARPA (2012d). 
61 CONAPESCA online information. Viewed at: http://www.conaf ishing.sagarpa. 
gob.mx/wb/cona/cona_mi sion_y_vision_acerca . 
62 SAGARPA (2012d). WT/TPR/S/279/Rev.1 • Mexico 
 
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  Turkey, and the Bolivarian Republic of Venezuela asked to join the consultations. A panel was 
established and produced a report circulated to Members on 15 September 2011, whereupon the parties decided to notify the Dispute Settlement Body of their intention to appeal certain issues. On 16 May 2012 the Appellate Body circulated its report. The two reports were adopted 
on 13 June 2012.
63 The parties to the dispute agreed that the reasonable period for 
implementation would be 13 months from the adopti on of the reports, which means that it will 
expire on 13 July 2013.64 
4.3  Manufacturing 
4.3.1  Main features 4.88.  Mexico's manufacturing sector is large and diversified, accounting for 17.3% of GDP 
in 2010, a percentage very close to the average fo r the decade. After a phase of strong expansion 
in manufacturing, which contributed to Mexico's integration in the global economy, the sector 
performed at a level slightly below that of the rest of the economy during the period 2003-2008, 
growing at an average year-on-year rate of 2.9%  (as compared with the general rate of 3.4%). 
Despite a marked fall of close to 10 percentage points in 2009, the sector recovered by the same 
amount in 2010. In 2011, manufacturing export s accounted for 79.7% of all Mexican exports 
(WTO definition of non-agricultural products), as compared with 83.6% in 2010. The main exports 
are automotive industry products, office machinery and telecommunications equipment, and 
electrical and non-electrical machinery (Chapter 1.3). If food and beverages are included, manufacturing exports accounted for 93.7% of the total in 2011. 
4.89.  The recovery that started in 2010 was led by the automotive, auto parts and aerospace 
sectors, which reflects the increasing level of technological complexity of the 
Mexican manufacturing sector. According to a global survey of manufacturing sector executives, Mexico ranks seventh in terms of competitiveness in the sector.
65 
4.90.  Manufacturing sector activity is mainly concen trated in a group of five federative entities in 
the centre, north and west of the country, which together contribute almost 50% of sectoral GDP: State of Mexico (14.4%), Nuevo León (10.5%), Federal District (9.7%), Jalisco (7.9%) and 
Guanajuato (7.2%). Conversely, there are 16 States , mainly located in the south of the country, 
each producing less than 2% of manufacturing GDP.
66 
4.91.  According to information published on the ProMexico Investment and Trade website, Mexico 
is the world's sixth-ranking producer of auto part s and its fifth-ranking exporter, with 6% of the 
total. Between 2006 and 2011, the sector received investment amounting to US$7,648 million.67 
In the end-stage automotive industry, Mexico ranks eighth in the world thanks to an output of 2.69 million vehicles in 2011. Some 6% of foreign direct investment (FDI) is concentrated in 
this sector.
68 For its part, the aeronautical sector almost tripled its exports between 2004 
and 2011, when they reached US$4,337 million. The industry is currently composed of 
some 250 enterprises employing about 31,000 workers, whereas in 2005 there were 61 
enterprises and one third of the number of worker s. Its production goes mainly to the United 
States, Canada, Germany and France. It is calculated that the potential for foreign investment in restricted technologies and dual-use goods and services is at least US$7 billion within a period of five years.
69 
4.92.  However, although Mexico maintained its relative importance at global level, its share of 
world markets for manufactured goods declined  from 2.93% of total world exports in 2001 
to 1.96% in 2011, mainly due to the faster grow th of exports by other countries, particularly 
in Asia.70 Between 2008 and 2011, Mexican exports of  manufactured goods grew at an average 
rate of 4.4%, while at world level they rose by 3.4%. Thus, although up until 2007 Mexico lost 
                                               
63 For full details see: http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds381_e.htm . 
64 For full details see: http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds381_e.htm . 
65 Deloitte (2010). 
66 2010 information viewed on the INEGI website at: http://www.inegi.gob.mx . 
67 ProMexico Business Intelligence Unit (2012a). 
68 ProMexico Business Intelligence Unit (2012b). 
69 ProMexico information. Viewed at: http://mim.promexico.gob.mx/wb/mim/perfil_del_sector . 
70 Calculated by the WTO Secretariat on the basis of  United Nations Statistics Division Comtrade data. WT/TPR/S/279/Rev.1 • Mexico 
 
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  ground in the face of increasing international competition, in recent years the manufacturing 
sector has experienced a recovery. Capacity utilization in the Mexican manufacturing industry is at a high level. In June 2012, it was operating at 81.3% of capacity, as compared with an annual average of 77.9% in 2010.
71 A growth rate faster than the present one will require an effort to 
increase investment in the sector. 
4.93.  Nevertheless, in the face of a potential fall in demand in the United States, the main 
consumer of Mexican manufactures, and in other major markets, it has been recommended that, 
as a partial remedy, work should begin on increasi ng the productivity of the sector (Table 4.4). 
In this connection, the authorities have noted that this effort will have to be made whether or not there is a fall in demand in the United States. At the same time, although a real depreciation of the currency could improve the terms of trade, it could also affect those manufacturers that 
depend on foreign suppliers. Accordingly, it has been recommended that the production chains 
between large exporters and medium-sized and small businesses be strengthened and made more efficient.
72 In addition, in recent years, the SE has been working to improve domestic supply, so 
that exports have a higher local content and ar e less dependent on foreign suppliers. An example 
of this is the CAPIM (Catalogue of Maquila Indust ry Suppliers) project, a platform for matching the 
supply requirements of IMMEX (manufacturing, maqu ila and export services industry) enterprises 
with the production capacities of small and medium-sized enterprises. 
Table 4.4 Productivity in the manufactu ring sector in real terms, 2008-2012 
(Percentage change) 
Year Personnel employed Average real salary 
per person Average productivity 
per hour worked Real unit cost of 
laboura 
2008 -1.2 0.5 -2.6 5.7 
2009 -8.6 -0.5 -5.5 -14.2 
2010 3.4 -0.5 6.0 3.1 
2011 3.0 0.1 2.8 2.7 
2012b 1.5 -1.7 2.8 -7.3 
a In US dollars. 
b Average for first half of year. 
Note:  Percentage changes reflect vari ation in salaries, productivity and labour costs after taking account of 
inflation. 
Source: WTO Secretariat calculations based on Federal Executive (2006), Sexto Informe de Gobierno , 
September, pp. 376-377; and INEGI, Economic Information Bank. Viewed at: www.inegi.gob.mx . 
4.94.  The growth of Mexican manufacturing exports during the 1990s and early 2000s was mainly 
attributable to the growth of the maquila industry , sizable inflows of FDI, and the conclusion of 
numerous free trade agreements.73 In this respect, the authorities have drawn attention, in 
particular, to the reallocation of resources as an outcome of NAFTA. 
4.95.  The Mexican manufacturing sector is characterized by its diversity. In 2011, the main 
manufacturing subsector in terms of value added was metal products, machinery and equipment (35.2% of the total), followed by food , beverages and tobacco (27.9% of the total) and 
chemicals, plastics and petroleum products (14.1% of the total), as shown in Table 4.5. 
Between 2006 and 2011 growth was moderate. Only three sectors recorded year-on-year growth 
rates of at least 1.5%: other manufactures (1.9%), paper and related products (1.8%), and food, beverages and tobacco (1.5%). The textile sector was that which contracted the most, with an 
average fall of 2.4% per year during the same period, while the basic metal industries sector fell 
by 1.4% per year. At the same time, during re cent years the production of aerospace sector 
manufactures has increased considerably, making that sector one of the most important 
generators of employment in the manufacturing industry. This is particularly evident from the 
increase in the production of machinery and eq uipment in 2010, but more especially in 2011 and 
the first half of 2012. During this latter period, manufacturing GDP continued the expansion 
already observed in 2011, with an increase in production at constant prices under almost every 
heading, with the exception of textiles, clothing and footwear. 
                                               
71 Data corresponding to the reference month for the latest data available (June 2012). The average 
installed capacity utilization in the first half of 2012 was 80.9%. INEGI information viewed at: 
http://www.inegi.gob.mx . 
72 Cuevas (2010). 
73 IDB (2006). WT/TPR/S/279/Rev.1 • Mexico 
 
- 131 - 
  Table 4.5 Manufacturing industry 's share of GDP, 2006-2012 
(Mex$ billion, constant 2003 prices and %) 
  2006  2007  2008  2009a 2010a 2011a 2012b 
(Mex$ billion, constant 2003 prices) 
Food products, beverages, and 
tobacco 418.1 428.9 435.8 433.9 440.4 450.7 459.1 
Textiles, clothing and leather 85.9 82.7 81.3 73.6 78.7 76.7 73.0 
Wood and wood products 17.4 18.1 16.7 16.0 17.0 18.1 18.4 
Paper, paper products, printing 
and publishing 45.9 46.9 48.5 47.3 50.2 50.3 52.6 
Chemicals, plastics and petroleum 
products 236.3 239.5 235.7 225.1 225.5 227.9 233.8 
Non-metallic mineral products 103.4 105.8 101.9 93.3 96.5 99.9 102.0 
Basic metal industries 89.9 88.5 88.0 72.8 82.3 86.2 91.9 
Metal products, machinery and 
equipment 504.7 516.7 507.3 400.3 508.9 568.2 598.2 
Other manufactur ing industries 32.3 33.4 34.0 33.7 34.6 35.6 35.6 
All manufacturing 1,533.9 1,560.5 1,549.1 1,396.0 1,534.0 1,613.5 1,664.6 
Total GDP 8,532.0 8,810.1 8,915.0 8,384.2 8,848.1 9,194.1 9,321.9 
(Index, real GDP (2003 prices), 2003=100)  
Food products, beverages, and 
tobacco 111 114 115 115 117 119 122 
Textiles, clothing and leather  99 96 94 85 91 89 84 
Wood and wood products 100 104 96 92 98 104 106 
Paper, paper products, printing 
and publishing 112 114 118 115 122 122 128 
Chemicals and plastics 110 112 110 105 105 106 109 
Non-metallic mineral products, 
excluding petroleum products 119 122 117 107 111 115 117 
Basic metal industries 114 112 112 92 104 109 117 
Metal products, machinery and 
equipment 121 124 122 96 122 136 144 
Other manufactur ing industries 122 126 128 127 130 134 134 
All manufacturing  114 116 115 104 114 120 124 
a Preliminary estimates. 
b First-half average. 
Source: WTO Secretariat calculations based on Office of the President of the Republic (2012), Sexto Informe 
de Gobierno , September, pp. 102 and 103. 
4.96.  Mexico's manufacturing sector is highly integrated into global production and supply 
networks, especially within North America. Inte r-industry trade's share of total trade between 
Mexico and the United States is high. In many cases the figures for the main manufacturing 
imports and exports (WTO product definition) coincide: office machinery and telecommunications equipment (17.1% in both cases), electrical ma chinery (7.1% of imports and 7.7% of exports), 
and automotive industry (9.9% and 19.4%, respectively).
74 
4.3.2  IMMEX maquila and manufacturing sector 4.97.  The maquila and manufacturing industry pl ays a fundamental role in the Mexican economy. 
Since 2006 it has been covered by the IMMEX programme
75 (for a full description of the 
programme and its latest updates see Chapter 3.3.4). The manufacturing enterprises operating under the IMMEX programme reported US$119,567 million in income from the foreign market in 2011 and US$63,952 million in the first half of 2012. The industry provided employment 
for 1.9 million workers, exceeding the labour fo rce employed at the beginning of the period, 
after two years of contraction (Table 4.6). 
4.98.  Thanks to robust recovery in 2010, exports of manufactures under the IMMEX programme 
grew by 8.9% year-on-year between 2008 and 2011.  The geographical distribution and the degree 
of concentration of the manufacturing industries benefiting from IMMEX programmes remained stable during the review period. There was a slight fall in the number of establishments in 
                                               
74 Calculated by the WTO Secretariat on the basis of  United Nations Statistics Division Comtrade data. 
75 The Promotion and Operation of the Maquila Expo rt Industry and the Te mporary Import for the 
Production of Goods for Export programmes were consolidated. WT/TPR/S/279/Rev.1 • Mexico 
 
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  Baja California, the Mexican State with the greatest number of IMMEX enterprises. Whereas in 
2007 it was home to 21.7% of the total number of IMMEX beneficiaries, it currently accommodates 19.2%. The number of industries esta blished in Nuevo León increased from 12.3% 
to 13.9% of total beneficiaries in the same period . The total number of industries taking advantage 
of IMMEX declined with the fall in activity in 2008 and 2009, but is currently stable. 
Table 4.6 Structural indicators, manufactu ring enterprises under the IMMEX regime, 
2007-2012 
(US$ million, nominal pricesa) 
 2007  2008  2009  2010 2011 2012b 
Establishments (number) 5,197 5,285 5,245 5,108 5,079 5,108 
Total income (US$ million) 90,459b 186,788 138,641 186,198 210,501 128,872 
Income from exports (%) 59b 56 56 56 57 58 
Exports (% of total exports)d 72.8 74.2 76.3 76.6 73.8 75.6 
Imports (% of total imports) 43.0 42.1 46.1 50.6 47.8 .. 
Inputs (US$ million) 88,361b 181,365 144,403 164,309 187,083 120,443 
Imported inputs (% of IMMEX imports) 76.0 76.0 76.0 71.8  70.2 69.9 
Domestic inputs (% of total inputs) 24.0b 24.0 24.0 28.2 29.8 30.1 
Salaries and wages (US$ million) 8,961b 17,542 13,184 15,647 17,064 9,811 
Persons employed (million) 1.91 1.75 1.64 1.81 1.88 1.97 
.. Not available. 
a Calculations in US dollars at the average official exchange rate for each period. 
b In the cases indicated, the 2007 information corresponds to the period from July to December. c The 2012 information corresponds to the period from January to July. d Includes the exports of all the enterprises with IMMEX programmes. 
Source: Information provided by the Mexican authorities. 
4.3.3  Policy objectives and instruments 
4.99.  The level of tariff protection in manufacturing is relatively low, with an average MFN tariff 
of 4.6% in 2012 (WTO definition of non-agricultural products). During the review period, the 
average tariff decreased by more than half (in percentage points), from 9.9%. The industrial products with the highest tariff reductions (avera ge) were: clothing; leather, rubber, footwear and 
travel goods; transport equipment; and mineral and metal products. 
4.100.  Mexico maintains unilateral quotas for imports of certain manufactured products, including 
infant products, polyester filament, new and used vehicles, and toys. 
4.101.  To exploit Mexico's preferential access to the world's largest importer and a significant of 
the main global markets, the authorities have developed programmes for gaining a greater 
foothold in international trade. They have also so ught to liberalize on a broader basis, not confined 
to certain programmes. Thus, during the review period, 230 tariff items were eliminated 
from 21 of the 24 sectoral import promotion programmes under the PROSEC Decree, thereby 
eroding the preferences granted to the beneficiaries of this programme. 
4.102.  Three of the sectors targeted by the Bancomext priority sector support programme 
(Chapter 3.3.5) correspond to manufacturing industries: the maquila export industry, the 
automotive and auto parts industry, and the elec trical-electronics industry. As of 30 June 2012, 
the loan portfolio balances of these sect ors were Mex$531 million, Mex$708 million 
and Mex$296 million, respectively (US$41.5 m illion, US$55.3 million and US$23.1 million, 
respectively). In 2011, total Bankmext financing under Manufactures and Services 
was Mex$2,250 million (US$160.8 million).
76 
4.103.  ProMexico also carries out promotion activities and provides information and advice on 
attracting investment, particularly in a group of strategic, mainly manufacturing industries 
(Chapter 3.3.6). 
4.104.  In 2010, reforms were introduced to consolidate the Export-Intensive Enterprise (ALTEX) 
and Foreign Trade Enterprise (ECEX) programmes within the Programme for the Promotion of the 
                                               
76 Office of the President of the Republic (2012). WT/TPR/S/279/Rev.1 • Mexico 
 
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  Manufacturing, Maquila and Export Services Indu stry (IMMEX), which since 2006 has combined the 
Maquila and PITEX programmes in a single legal instrument (Chapter 3.3.4). 
4.4  Energy 4.4.1  Main features 
4.105.  In 2011, the energy sector contributed 8. 3% to Mexico's GDP and 16.1% to the value of 
its total merchandise exports.
77 Between 2007 and 2010, primary energy production contracted at 
an annual rate of 3.5%. In 2010, it amounted  to 9,250 petajoules, of which hydrocarbons 
accounted for 90.2%, renewables for 6.9%, biomass for 3.7% and coal for the remaining 2.2%.78 
4.106.  Total investment in the energy sector  grew at an average annual rate of 13.4% 
between 2007 and 2010, reaching a value of Mex$318,000 million in 2010 (some US$25,000 million). The biggest incr ease, about 40%, took place in 2008. Out of 
the investment made in 2010, 85% was destined for the petroleum industry and the rest for the 
electricity industry. For the period 2007-2012, the Government had estimated that an annual investment of around Mex$264,000 million would be needed to maintain a reliable energy supply. 
The authorities have pointed out that this investment made it possible to arrest the decline in 
petroleum production, stabilizing it at around 2.6 million barrels per day. Likewise, the rate of replenishment of proven reserves was greater than 100%.
79 
4.107.  The Ministry of Energy (SENER) is the authority responsible, among other things, for 
establishing energy policy, managing that policy and the activities of the sector's State-owned enterprises, granting energy-related authorizatio ns and permits, together with allocations for 
hydrocarbon exploration and exploita tion, and issuing regulations within its area of responsibility. 
Since the reform of the energy sector in 2008
80, new management priorities have been 
established, specifically: energy security and di versification, energy-saving, and environmental 
protection.81 To grant new petroleum allocations covering exploration and production, 
PEMEX requires a technical report on the project, together with an opinion from the National 
Hydrocarbons Commission (CNH), a decentralized bo dy set up under SENER as part of the energy 
sector reforms by the Law on the National Hydrocarbons Commission. SENER also seeks the 
opinion of the CNH on the issuing of area exploration permits.82 I n  F e b r u a r y  o f  e a c h  y e a r ,  
SENER must submit to Congress, for ratification, a 15-year National Energy Strategy, drawn up with the participation of the new National Energy Council and its Consultative Forum.
83 
4.108.  The Minister of Energy serves as chai rman of the boards of the State-owned company 
Petróleos Mexicanos (PEMEX) in the hydrocarbons sector and the Federal Electricity Commission 
(CFE). Previously, he also presided over the gove rning council of Luz y Fuerza del Centro (LFC), 
a decentralized public entity that supplied electricity in the central area of the country and was 
abolished by presidential decree on 11 October 2009.84 
4.109.  The Regulatory Commission for Energy (CRE), a decentralized SENER agency, regulates 
some of the activities in the electricity sector, to gether with the pipeline transport and distribution 
of gas and the products obtained from refining petroleum and basic petrochemicals; and storage 
systems directly linked with pipeline transport or distribution systems or forming an integral part 
                                               
77 The data for the energy sector are in current mo ney and include oil and gas extraction, electricity 
generation and supply and the producti on of petroleum derivatives and coal. Office of the President of the 
Republic (2011a). 
78 The term "renewables" includes hydraulic power,  geo-energy, and solar and wind power. Energy 
Information System (SIE) of the Ministry of Energy. Viewed at: http://sie.energia.gob.mx/ . 
79 National Infrastructure Programme 2007-2012. Viewed at: www.infraestructura.gob.mx . 
80 In this connection, seven decrees were published in the Official Journal of 28 November 2008. The 
basic changes are explained in a docu ment published by the Centre for Pu blic Finance Studies. Viewed at: 
http://www.cefp.gob.mx/intr/edocumentos/pdf/cefp/2008/cefp1042008.pdf . 
81 Article 33 of the Law on the Organization of the Federal Public Administration (2008). 
82 Law published in the Official Journal of 28 November 2008. Viewed at: http://www.cnh.gob.mx/ 
_docs/Leyes/1_LCNH.pdf . 
83 Ministry of Energy. Viewed at: http://www.sener.gob.mx/res/ 1646/EstrategiaNacional Energia2011-
2025Enviada25Febrero2011HCongresoUnionRatificacion.pdf . 
84 The full text of the Decree can be viewed at: 
http://www.dof.gob.mx/nota_detalle.php?codigo=5114004&fecha=11/10/2009 . WT/TPR/S/279/Rev.1 • Mexico 
 
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  of import or distribution terminals for the products in question. Since the above-mentioned reform, 
it is also responsible for renewables, as far as the issuing of permits is concerned.85 The Ministry of 
Finance and Public Credit (SHCP) incorporates the CFE's budget and annual financing programme in the consolidated annual public sector budget, which it submits to Congress for approval. 
The SHCP, with the participation of the Ministries  of Energy and the Economy and at the proposal 
of the CFE, fixes tariffs and adjusts or restructures them so that they suffice to cover the financial requirements and the needs of public service expansion and rational energy consumption. 
The SHCP can also fix special tariffs at hours of peak demand, minimum demand or a combination 
of the two. 
4.4.2  Hydrocarbons 4.110.  Although since its last TPR Mexico has remained one of the world's leading producers of 
petroleum, ranking seventh as a producer of crude in 2011, the sector contracted during the 
review period.
86 Thus, crude production accumulated a fall of 17.1% between 2007 and 2011, 
declining from 3.08 million barrels per day to 2.56 million, while petroleum product production 
decreased by 5.5% in the same period.87 The PEMEX statistics for 2012 indicate that, 
between January and June of that year, the comp any produced an average of 2.5 million barrels 
per day of crude petroleum and almost 6,400 million cubic feet per day of natural gas.88 
PEMEX, created by a decree published on 7 June 1938, is Latin America's third largest enterprise in 
terms of sales, which amounted to Mex$1,558 billion (around US$111,735 million) in 2011.89 
4.111.  At 1 January 2012, Mexico's proven hydrocarbon reserves stood at 13,810 million barrels 
of oil equivalent (mboe), while reserves of natural gas (including condensates and liquid gas 
obtained in processing plants) were 17,224 billion cubic feet (bcf).90 The trend in proven (1P), 
proven + probable (2P) and proven + probable  + possible (3P) petroleum reserves is shown 
in Table 4.7. 
Table 4.7 Petroleum reserves, proven, probable and possible 
(Millions of barrels of oil equivalent (mboe)) 
Year 3P 2P 1P 
2008 44,482.75 29,861.57 14,717.20 
2009 43,562.57 28,824.64 14,307.71 
2010 43,074.65 28,228.70 13,992.10 
2011 43,046.54 28,809.11 13,796.00 
2012 43,837.32 26,163.02 13,810.31 
Source: PEMEX, Las Reservas de Hidrocarburos de México . Viewed at: http://www.pemex.com ; and 
PEMEX (March 2012), Reservas de hidrocarburos al 1° de enero de 2012 . Viewed at: 
http://www.ri.pemex.com/files/content/Reservas_2011_e_GRI_1203291.pdf . 
4.112.  In recent years the authorities have been endeavouring to stabilize the reserves. 
These efforts have been mainly focused on incr eased exploration, which has been achieved by 
expanding investment and intensifying PEMEX's exploration activities. Thus, public investment in 
hydrocarbon exploration and production incr eased at an average annual rate of 12.6% 
between 2007 and 2011.91 During the period 2007-2011, investment by PEMEX in exploration 
totalled Mex$1,088.727 billion (some US$87 billion).92 As a result of these efforts, the proven 
reserves estimated for 2012 are slightly higher than those recorded in 2011 and, for the first time in the last ten years, it has proved possible to replace each barrel consumed.
93 On 1 January 2012, 
                                               
85 CRE information viewed at : http://www.cre.gob.mx/articulo.aspx?id=10 . 
86 CIA World Factbook. Viewed at: https://www.cia.gov/librar y/publications/the-world-
factbook/rankorder/2173rank.html . 
87 Office of the President of the Republic (2011b), 2.12: Hydrocarburos y Electricidad . 
88 PEMEX information published in the monthly report Indicadores Petroleros . Viewed at: 
http://www.ri.pemex.com/file s/dcpe/petro/indicador.pdf . 
89 Annual Report of the review América Economía (2012). Viewed at: 
http://rankings.americaeconomia.com/2012/las-500-ente rprises-mas-grandes-de-america-latina/ranking-500-
america-latina-1-50.php . 
90 PEMEX (2012a). 
91 Office of the President of the Republic (2011b), 2.12: Hydrocarburos y Electricidad . 
92 Office of the President of the Republic (2011b), 2.12: Hydrocarburos y Electricidad . 
93 60% of proven reserves are offshore. 34% of proven  reserves are undeveloped, i.e. require wells and 
additional infrastructure to be produced. See PEMEX (2012a). WT/TPR/S/279/Rev.1 • Mexico 
 
- 135 - 
  the rate of replenishment of proven reserves (1P) amounted to 101%, meaning that achievement 
of the target set in the Mexican petroleum business plan for 1 January 2013 was brought forward by one year. The rate of replenishment of 3P reserves was 107.6%, considering only new 
discoveries, and their average life is 32.3 years.
94 
4.113.  On the same date, Mexico had six petroleum refineries with a total installed capacity 
of 1,640 thousand barrels per day. In the period  from 2000 to 2011, the supply increased at a rate 
of only 0.1% a year, while the demand for fuel increased at an annual rate of 3.8%. As a result, 
Mexico is currently a net importer of refined petroleum products. In 2011, it imported an average 
of 678,000 barrels per day, 8.3% more than in 2010, compared with exports of 185,000 barrels 
per day, 4.1% less than in 2010.95 To relieve the situation, PEMEX is starting up a process of 
modernization of its refineries and is building a new refinery in Tula Hidalgo. Altogether, this will 
involve an investment of Mex$334,102 million by 2025. This investment aims to satisfy domestic 
demand for petroleum products.96 
4.114.  In 2008, in order to modernize and strengthen PEMEX and increase its profitability, a new 
Law on Petróleos Mexicanos was enacted (see below). The legal amendments introduced 
gave PEMEX greater operational flexibility by esta blishing budgetary and debt issuing facilities, 
together with a special procurement regime different from that used by other public entities, and 
by authorizing PEMEX to issue citizen bonds whose yield is linked with the company's economic 
performance and operational efficien cy. All of the above is intended to enable PEMEX to operate in 
a way that more closely approximates the common practice of the petroleum industry at international level. Similarly, for the purpose of optimizing PEMEX's corporate governance, 
four non-executive directors were incorporated in the board, and seven thematic support 
committees were set up. Moreover, between 2007 and June 2011 a total of 36 non-commercial collaboration agreements were signed with intern ational entities concerned with the advancement 
of knowledge in the field of hydr ocarbon exploration and production.
97 
4.115.  Despite the legal reforms introduced and a situation characterized by an increase in sales 
income at an average annual rate of 8.2% ov er the period 2007-2011 and by a stable gross 
return, PEMEX's annual losses did not fall during the same period. In fact, between 2007 and 2011 
the accumulated losses amounted to Mex$363,057 million and liabilities went on increasing. Thus, the company's equity continued to deteriorate. On 31 December 2011, PEMEX had liabilities of Mex$1,727 billion (US$123,461 million) and nega tive equity amounting to 194 billion in the 
same currency (equivalent to almost US$14 billion).
98 
4.116.  The 2011 results can be largely explained by the high tax burden on the enterprise, which 
continues to be equal to or greater than the annual gross return. The tax reforms in 2005, 2007 
and 2008 were not successful in changing th is trend. The taxes paid by PEMEX in 2011 
totalled US$62,615 million.99 Petroleum resources continue to account for a substantial proportion 
of Federal Government revenue (between 2007 and 2011, they accounted for around 32%100), 
so that the enterprise is obliged to compromise its financial health in order to meet its tax bill.101 
The authorities have pointed out that there is still room to improve the way in which PEMEX operates, thereby raising its levels of efficiency and producing better results. Thus, changes in corporate governance are needed to make the op eration and oversight of the board of directors 
more effective, together with greater levels of  autonomy and budgetary flexibility, to bring the 
operation of the company more closely into line with that of private oil companies at international level. 
                                               
94 PEMEX (2012a). 
95 PEMEX (2012b). 
96 Ministry of Energy (2010a). 
97 Presidencia de la República (2011a). 
98 The total liabilities are composed of long-term debt (Mex$672,275 million), labour 
reserves (Mex$731,017 million), additional long-term liabilities (Mex$70,502 million) and other short-term liabilities (Mex$253,470 million) (approximately US$ 51.500, 56,200, 5,500 and 19,500 million, respectively). Information viewed at: PEMEX (2012b). 
99 PEMEX (2012b). 
100 Ministry of Finance and Public Cred it online information. Viewed at: 
http://www.hacienda.gob.mx/POLITICAFINANCIERA/FINANZASPUBLICAS/Estadisticas_Oportunas_Finanzas_Pu
blicas/Informacion_mensual/Pag inas/finanzas_publicas.aspx . 
101 Report on PEMEX's fiscal regime and allocation of surplus resources. Chamber of Deputies of the 
Congress of the Union. Viewed at: http://www.diputados.gob.mx/c edia/sia/se/SE-ISS-27-09.pdf . WT/TPR/S/279/Rev.1 • Mexico 
 
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  4.117.  The main legislation governing the hydrocarbon sector consists of Articles 25, 27 and 28 of 
the Constitution, the Law Regulating Article 27 of the Constitution in the Petroleum Sector and its regulations, the Law on Petróleos Mexicanos an d its regulations, the Law on the Regulatory 
Commission for Energy
102, the Natural Gas Regulations and the Liquefied Petroleum Gas 
Regulations.103 To these should be added the Law on the National Commission for Hydrocarbons, 
the Law on the Utilization of Renewable Forms of Energy and the Financing of the Energy 
Transition, and the Law on the Sustainabl e Use of Energy, all enacted in 2008. 
4.118.  Article 27 of the Constitution and the Law Regulating Article 27 of the Constitution in the 
Petroleum Sector, amended in 2008, state that the nation has complete, inalienable and indefeasible ownership of the hydrocarbons throughout Mexican territory. 
4.119.  The Law on Petróleos Mexicanos, published in the Official Journal of 28 November 2008, is 
intended to regulate PEMEX's organization, functioning, control and reporting, and to establish the 
general conditions applicable to its subsidiary bodies. The Law confirms the role of PEMEX as the sole entity through which the State performs the activities for which it has exclusive responsibility 
in the strategic areas of petroleum, other hydroc arbons and basic petrochemicals. In addition, the 
Law stipulates that PEMEX, its subsidiary bodies  and its enterprises can co-generate electrical 
energy and sell their surpluses to the Federal Electricity Commission. 
4.120.  Following the legal reforms of 2008, PEMEX can sign comprehensive contracts with private 
sector entities for hydrocarbon exploration and production in order to give the enterprise greater investment capacity, with the State retaining ownership and control over the hydrocarbons 
(incentivized contracts). The petroleum industry activities that the State can carry out through 
PEMEX and the possibilities for private sector participation are described in Table 4.8. 
Table 4.8 Private participatio n in the hydrocarbon sector 
Activity Crude oil Natural gas  Liquefied 
petroleum gas Petrol and 
other 
petroleum 
derivatives Basic 
petrochemicals 
Exploration Noa No  n.a. n.a. n.a.  
Exploitation Noa No n.a. n.a. n.a. 
Production/Refining Noa n.a.  No No Nob 
Storage in oil fields and 
refineries Noa No No No No 
Storage (other) Yesc Yesd Yesd Yesc No  
Transport by pipeline No Yesd Yesd No No 
Transport (other means) Yesc n.a.  Yesd Yesc No  
Distribution No Yesd Yesd,e Yes No 
Marketing No Yesd Yesd Yese,f No  
Import/Export Nog Yesh Yesh Yesh Yesh 
n.a. Not applicable. 
a Under Article 60 of the Law on PEMEX, Petróleos Mexicanos and its subsidiary bodies may contract 
for the works and services that their activities require to ensure optimu m performance, subject to 
the restrictions and terms of Article 6 of the Law Regulating Article 27 of the Constitution in the Petroleum Sector. 
b If in secondary petrochemical pr oduction basic petrochemicals are obtained as byproducts, they may 
be used in the same plant or delivered to PEMEX. 
c Private participation in storage and transport by means other than pipelines is permitted after 
first-hand sale. 
d Private participation under a system for granting permits. 
e Activities reserved for Mexican nationals. f Through the system of PEMEX franchises which can only purchase PEMEX-refined products. 
g The legislation does not specifically restrict the im port and export of crude petroleum, but in practice 
these activities are carried on exclusively by PEMEX. 
h Private participation under a system for granting permits. 
Note: "Yes" and "No" indicate whether or not private participation is permitted by the legislation, 
regardless of whether or not it exists. 
Source: WTO Secretariat, based on the Mexican legislation and information provided by the authorities. 
                                               
102 The three laws mentioned were amended on 28 November 2008. 
103 The previous reforms of this legislation were pu blished in the Official Journal of 26 June 2006, 
8 January 1990, 12 January 2006, 30 April 2001, 23 January 1998, 8 November 1995 and 28 June 1999, respectively. WT/TPR/S/279/Rev.1 • Mexico 
 
- 137 - 
  4.121.  One of the ways in which the private sector participates in the hydrocarbon industry is 
through the contracts for works and services which PEMEX signs with providers of goods and services, with the State retaining exclusive ow nership and control over the hydrocarbons, as 
described in Article 60 of the Law on Petróleos Mexicanos.
104 These contracts must always be 
remunerated in cash and neither a percentage of the products nor a share in the profits may be 
offered as a form of payment. In 2011, the first contracts were put out to tender under the Comprehensive Exploration and Production (EP) Contracts or "incentivized contracts" procedure, 
for three mature oil fields in the south of the country, and in 2012 a new invitation to tender on 
three more fields in the north of the country was published.
105 
4.122.  There are no restrictions on the participation of foreign enterprises in works and services 
contracts concluded with PEMEX, except where national tenders are concerned. However, in 
international competitive bidding PEMEX may refuse to allow foreign firms to participate if a 
government procurement treaty has not been concluded with the country of origin of the international bidder or if that country does not grant reciprocal treatment to Mexican bidders and 
contractors. 
4.123.  Up until 2009, the investment scheme called Long-Term Productive Infrastructure Projects, 
also known as Projects with Deferred Impact in the Recording of Costs (PIDIREGAS), was the 
mechanism most frequently used for concluding works and services contracts with the private 
sector. Under the PIDIREGAS scheme, the works we re carried out by the private sector for the 
account and to the order of the public entity, with  own or third-party financing. The costs did not 
impact on the public finances during construction, being recorded only in suspense accounts; not 
until the project entered into operation did the payments begin and it was then that public 
spending was affected.
106 However, in 2009 the scheme was abandoned, in order to make the 
company's accounting statements more transparent and reduce the related administrative costs. 
Thus, as PEMEX was responsible for the liabilities stemming from PIDIREGAS projects, when the 
scheme was abandoned, those liabilities were immediately reflected in its balance sheet.107 
4.124.  In the case of natural gas, although PEME X has exclusive control of the initial exploration 
and exploitation phases, transport, storage and distribution are open to domestic and foreign 
private participation through the granting of perm its. As of mid-2012, the CRE had granted private 
consortia, with domestic and foreign participation, 22 permits for the distribution of natural gas, as well as six storage permits and 22 transport permits for serving the public.
108 The private sector 
can also participate in the development of the industry by concluding Investment Agreements 
under Article 65 of the Natural Gas Regulations. Under this scheme, an investor undertakes to build and commission the infrastructure for developing a natural gas transport system and the cost 
of the investment can be recouped by collectin g from users the tariffs approved by the CRE. 
4.125.  The retail trade in petrol and other petroleum derivatives, which can be carried on through 
PEMEX franchises, and LPG distribution are reserv ed for Mexican natural persons and companies, 
with an exclusion clause for foreigners. 
4.126.  The production of basic petrochemical products
109 is reserved exclusively for PEMEX, 
whereas the production of other petrochemicals is free of restrictions on private investment, domestic or foreign. In 2011, petrochemical production was 5,583 Mt, which represents a fall 
of 8.8% as compared with 2010. During this peri od only the production of methane derivatives 
increased, while production of propylene and derivatives, ethane derivatives and aromatic chain products and their derivatives contracted. The decline in the industry was mainly due to 
                                               
104 Law viewed at: http://www.pemex.com/files/ dca/LEYES/LeyPemex.pdf . 
105 Pemex Press Bulletin No. 7. Viewed at: http://www.pemex.com/index.cfm? 
action=news&sectionID=8&catID=40&contentID=25965 . 
106 Information provided by the authorities an d information from the Economic Commission for 
Latin America (ECLAC). Viewed at: http://www.eclac.org/ilpes/noticias/paginas/3/19803/SemPolFiscal-
CasodeM%C3%A9xico.ppt . 
107 PEMEX (2010). 
108 Regulatory Commission for Energy. Viewed at: http://www.cre.gob.mx/permisos.aspx . 
109 Methane, ethane, propane, butane, pentane, hexane, heptane, naphtha and raw material for 
carbon black. WT/TPR/S/279/Rev.1 • Mexico 
 
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  maintenance operations in the Morelos Petrochemical Complex, to unscheduled stoppages in one 
of its plants, and the company's decision to focus on the more profitable petrochemical chains.110 
4.127.  The legislation gives SHCP exclusive auth ority to set hydrocarbon prices, using various 
procedures and schedules. When these prices are determined, the producer price must reflect the 
opportunity cost with reference to international market prices, and the consumer price must be 
administered on the basis of criteria designed to ensure economic effi ciency or prevent supply 
shortfalls. The prices of natural gas, LPG, petrol  and diesel are set using methodologies that have 
resulted in subsidies for consumers of these products.111 It is estimated that, in 2011, subsidies 
cost PEMEX approximately Mex $39,950 million (US$2,925 million).112 
4.128.  PEMEX has the exclusive right to import and export crude petroleum. The private sector 
can import and export some hydrocarbons after ob taining the permission of the Ministry of the 
Economy. Natural gas and LPG may be imported and exported by private sector operators, but to 
import LPG it is first necessary to obtain a permit from the Ministry of the Economy.113 In practice, 
however, only PEMEX, through its subsidiary PMI Comercio Internacional, can apply for LPG import 
permits, it having been established in the agreem ent subjecting LPG to a maximum final-user price 
that prior LPG import permits will not be issued to private sector operators. Where foreign trade in natural gas is concerned, no prior import or export permit is required. 
4.129.  Mexico runs a large deficit on trade in natural gas. Thus, in 2011, Mexico imported on 
average 791 mmcf/d of dry gas, 47.6% more than in 2010, whereas exports were practically zero.
114 Mexico is interconnected through 17 gas pipelines with the North American 
states of California, Arizona and Texas; however, ten of these belong to systems that remain 
isolated from the national supply. These pipe lines are capable of transporting 3,295 mmcf/d. 
According to projections made by the Ministry of Energy, Mexico will continue finding it necessary 
to supplement the domestic supply of natural gas with imports to satisfy the growing demand.115 
Moreover, the Ministry of Energy has initiated an  integrated strategy for the further development 
of the natural gas transport, distribution and marketing infrastructure. It is planned to increase the natural gas infrastructure (transport and distribution of gas) by 72,778 km (from 56,320 km 
to 129,098 km) by making a US$10,857 million investment. 
4.4.3  Electricity 4.130.  Mexico's electricity generating capacity rose from 59 to 61.2 GW between 2007 and 2011, 
which represents an average annual increase of less than 0.1%.
116 In 2011, 85.7% of total 
installed capacity corresponded to public service generators, including the Federal Electricity 
Commission (CFE), Luz y Fuerza del Centro (LFC, until its abolition in 2009) and independent producers, and the rest to generators with permits for other uses. By type of plant, public utility 
capacity can be broken down into: thermal (inc luding coal-fired) plants (74%), hydroelectric 
plants (22%), and other types (remaining 4%). The use of natural gas has continued to increase 
                                               
110 PEMEX (2012b). 
111 The SHCP is responsible for establishing an d reviewing the prices and tariffs for federal 
administration goods and services in accordance with the provisions of the Law on the Organization of the 
Federal Public Administration, taking into account the op inion of the Ministry of the Economy and that of the 
relevant agencies through their participation in a Prices Committee. Thus, SENER gives its opinion in the Committee on the prices of petroleum products, non-basic petrochemicals and natural gas, in accordance with the energy policy instruments and in compliance with th e legal and administrative pr ovisions. For its part, the 
Law on the Regulatory Commission for Energy authorizes the Commission to establish the methodology for 
determining the prices of fuel oil, natural gas and basic petrochemicals unless, in the judgement of the Federal Competition Commission, the conditions of effective competition are present or are established by Decision of the Federal Executive. Where LPG is concerned, in order to reduce the subsidization of the price of the fuel, since January 2010 there has been a weekly "slippage" in the national weighted average maximum retail price of five cents per kg in order to reduce the gap betw een the domestic price and the international reference 
price. The authorities have noted that between January 2010 and August 2012, this slippage helped to reduce the subsidy by Mex$19 billion. 
112 PEMEX (2012c). 
113 Natural Gas Regulations (1995) and Liquefied Petroleum Gas Regulations (1999). 
114 PEMEX (2012b). 
115 Ministry of Energy (2010b). 
116 The 2011 data are estimates based on the indicators for January to June of that year. WT/TPR/S/279/Rev.1 • Mexico 
 
- 139 - 
  in recent years, having contributed 53% to electricity generation in 2009.117 Although there was a 
policy of replacing fuel oil with natural gas in power plants118, in the forecast for the electricity 
sector for the period 2010 to 2025 it is mentioned that it would be desirable to expand the use of renewables and possibly nuclear power to continue reducing the consumption of fuels derived from 
petroleum.
119 At present, 26.4% of generation comes from clean energy sources.120 
4.131.  In 2011, electricity sales to the public amounted to 169,383 GWh, of which 58% was 
consumed by industry, 25% by households, 6% by  commercial establishments, 7% by agriculture 
and 4% by services. This breakdown has remained practically unchanged since 2005.121 Total sales 
grew by 3% in 2010 and 7.6% in 2011, after falling in 2008 and 2009. Between 2007 and 2011, the reserve margin of the system fell from 43.3% to 32%, which reflects a better ratio of utilization to generating capacity for CFE.
122 
4.132.  The Mexican electricity sector is organized in two subsectors, public services and private 
consumption. Public electricity services are provided by the CFE, a decentralized public entity which operates most of the generating plants (apart from those of the independent generators that 
sell electricity to the CFE) and the whole of the transmission network. All the power generated by 
the independent power producers (IPPs) goes to the CFE for sale. In 2011, the CFE purchased 84 GWh from IPPs, or 32% of the energy it dist ributed. The generating capacity of the IPPs 
remained unchanged between 2007 and 2011.
123 The private sector owns the means of generating 
electrical energy for own-consumption and foreign trade. 
4.133.  Under Article 27 of the Constitution, the St ate has exclusive responsibility for generating, 
transporting, transforming, distributing and supp lying electrical energy as a public service. 
The legislation governing the sector includes  the Law on the Public Electrical Energy 
Service (LSPEE) and its regulations and the Law on the Regulatory Commission for Energy (LCRE).
124 
4.134.  The LCRE was amended as part  of the 2008 energy reform programme.125 The LSPEE was 
revised in April 2012, with a view to updating all the articles that made reference to the ministries whose names had been changed. Tariffs are proposed by the CFE and approved by the SHCP, with 
the agreement of the Ministries of the Economy and Energy.
126 
4.135.  After obtaining permits issued by the CRE, the private sector can invest in generating 
plants for self-supply, co-generation or small-scale production (up to 30 MW) or under the IPP scheme. The latter makes it possible for the private sector to invest in generating plants with a 
capacity of more than 30 MW, provided that the ou tput is reserved exclusively for sale to the CFE 
or exported. Moreover, the CRE may grant permits for generation for export and for the importation of electricity for own use. One of the requirements for obtaining a permit is that the 
applicant must be a natural person or a legal person established under Mexican law and domiciled 
in the national territory and must satisfy the requirements laid down in the applicable legislation. To obtain a small-scale production permit it is necessary to be a natural person of 
Mexican nationality or a legal person established under Mexican law and domiciled in the 
country.
127 There are no nationality or domicile restrictions for the other permits. 
                                               
117 International Energy Agency online information. Viewed at: 
http://www.iea.org/stats/electricitydata.asp?COUNTRY_CODE=MX . 
118 Office of the President of the Republic (2007a), Anexo Estadístico . 
119 SENER (2010). 
120 Hidroeléctrica, otras renovables y energía nuclear . Presidencia de la República (2011a). 
121 CFE statistical information. Viewed at: 
http://www.cfe.gob.mx/QuienesSomos/estadisticas/Paginas/Clientes.aspx y CFE (2012) . 
122 The information for 2011 is provisional. Presidencia de la República (2011a). 
123 Online information from the Ministry of Energy. Viewed at: 
http://www.energia.gob.mx/webSener/portal/Default.aspx?id=1430 . 
124 The latest reforms of this legislation were published in the Official Journal of 22 December 1993, 
9 April 2012 and 28 November 2008, respectively. 
125 Law viewed at: http://www.cre.gob.mx/documento/33.pdf . 
126 Law viewed at: http://www.diputados.gob.mx /LeyesBiblio/pdf/99.pdf . 
127 Law viewed at: http://www.cfe.gob.mx/QuienesSo mos/MarcoLegalyNormativo/ 
Documents/2012/LSPEEreformada09abr2012.pdf . WT/TPR/S/279/Rev.1 • Mexico 
 
- 140 - 
  4.136.  In 2011, the subsidies granted by Mexico for electricity consumption amounted 
to Mex$88,200 million (US$6,300 million), as a result of an average price/cost ratio of 0.75. Out of 
the total, 80.6% was destined for the domestic consumer, 14% for the agricultural sector, 2.8% for industry and the rest for services. In 2007, the same indicator stood at 0.69, so 
that a greater percentage of the cost of electricity generation is now being recovered. In 2011, the 
average tariff for the country as a whole was Mex$1.43 per kWh (some US$0.10 per kWh), while the large industries paid an average of Mex$1.15 per kWh (some US$0.08 per kWh).
128 
This represents a global increase in tariffs of 3.4% in 2011 as compared with the previous year, 
although the increase is different depending on the adjustment rate applied to each sector (fixed or variable).
129 The increase is mainly due to the rising prices of the fuels used to generate 
electricity and included in the adjustment clause, which on average increased by 13.2%. 
Improving the competitiveness of the electricity serv ice is one of the stated strategic objectives for 
the sector. 
4.137.  There is foreign trade in electrical energy with the United States, Belize, and since 2009 
with Guatemala also. With the former, trade is carried on both through nine public system 
interconnections (five of which operate in emergency situations) and through private lines owned by permit holders. In the case of Belize, Mexico essentially exports electricity through a single 
permanently operating public system interconnectio n. The quantity of electricity traded remained 
relatively stable from 2007 to 2011, when Me xico recorded a positive net balance for the 
ninth consecutive year, in this case 565 GWh. In 2010, in value terms, exports and imports were estimated at US$193 million and US$24 million, respectively.
130 In 2011, exports and imports 
totalled US$111 million and US$30 million, respecti vely; this information corresponds only to 
public service supplies. 
4.5  Services 
4.5.1  Financial services 
4.5.1.1  Overview 4.138.  At federal level, the Ministry of Finance and Public Credit (SHCP) is responsible for 
regulating and supervising the financial sector an d for establishing the capital requirements of 
most of its participants. Under the SHCP there are three specific regulatory bodies concerned with 
the various areas of the financial sector: the National Banking and Securities Commission (CNBV), which oversees the banking sector, the securities market and other credit institutions; the National 
Insurance and Bonding Commission (CNSF), which oversees insurance and bonding companies; 
and the National Pension Fund Commission (CONSAR), which oversees privately managed pension funds (AFORE). 
4.139.  The Bank of Mexico, the central bank and an autonomous constitutional organ in relation 
to three powers of the Union, is responsible for regulating the foreign exchange and derivatives markets, financial operations and the payments system. It also serves as a reserve bank and 
lender of last resort for the credit institutions (multiple banking and development banking 
institutions) (see also Chapter 1.2.3). Due to its constitutional autonomy, no authority in the country can oblige the Bank of Mexico to grant financing (Article 28.6 of the Constitution). Among other things, the Bank of Mexico is authorized to issue general regulations concerning interest 
rates and the commissions charged to customers. It can also regulate the fees that market 
participants charge each other. These powers were strengthened in May 2010.
131 
4.140.  In addition, the National Commission for the Protection and Defence of Financial Services 
Users (CONDUSEF), a decentralized public body under  the Ministry of Finance and Public Credit, is 
responsible for dealing with the claims and complain ts of users of financial services and products 
and for guiding, informing and financially educating the public. CONDUSEF seeks to promote an 
                                               
128 CFE (2012b). 
129 For lack of more recent informat ion, the subsidy distribution and sectoral tariffs correspond to the 
first half of 2011. Presidencia de la República (2011a), Anexo Estadístico . 
130 INEGI, Anuarios Estadísticos del Comercio Exterior de 2010 . Viewed at: 
http://www.inegi.org.mx/prod_serv/contenidos/espanol /bvinegi/products/continuas/economicas/exterior/2010
/EXP_DOL_2010/ANU_XD_1.pdf . 
131 IMF (2012). WT/TPR/S/279/Rev.1 • Mexico 
 
- 141 - 
  equitable relationship between users and financia l institutions and to promote and disseminate 
financial transparency so that users may take informed decisions concerning the benefits, costs and risks of the products and services offered by the Mexican financial system; at the same time, it protects their interests through the supervision and regulation of the financial institutions and 
provides them with advice and support in the defence of their rights.
132 
4.141.  The purpose of the CNBV is to supervise and regulate, within its sphere of competence, the 
entities that make up the Mexican financial system, in order to safeguard the stability and integrity 
of the system and promote its ef ficiency and development, including for the benefit of society.133 
4.142.  Mexico's GATS commitments cover banking, insurance and other financial services and 
mostly pertain to commercial presence (mode 3).134 In the insurance sector, Mexico bound foreign 
participation at 40% of the paid-up capital and at 10% in the case of an individual holding or 20% 
with authorization from the SHCP. In the banking sector (specifically in the subsectors concerning 
acceptance of deposits and lending of all types), foreign investment is limited to 40% of the common stock capital, while individual holdings are bound at 5% of capital stock or 20% with 
authorization from the SHCP. In both cases, Mexican shareholders must retain effective control of 
the enterprise. In the schedule of commitments it is mentioned that foreign financial institutions may establish representative offices with the prior authorization of the SHCP. Likewise, the 
schedule indicates that foreign investment is not permitted in credit union, savings and loan 
companies or development banking. It should be pointed out that the regulations in force do not 
take into account the limits established under the GATS and that authorization currently lies within the competence of the CNBV. 
4.143.  In accordance with the above-mentioned GATS schedule of commitments, in the insurance 
sector, Mexico bound foreign participation at 40% of the paid-up capital and at 10% in the case of individual holdings, or at 20% with authorization from the SHCP. However, under the regulations 
in force these limits have changed. 
4.144.  As a result of the legal reforms adopted since 1999, access to the financial services market 
in Mexico is much more favourable than that specified in the country's GATS commitments. 
Foreign investors may hold 100% of the capital of commercial banks, financial groups and 
securities firms. However, the participation of foreign investment in other financial institutions such as leasing companies, factoring companies, general bonded warehouses, insurance and bonding institutions and foreign exchange brokers is limited to 49% of the paid-up capital. Where 
credit unions are concerned, foreign investment may amount to 10%. 
4.145.  Seven of Mexico's free trade agreements in corporate a financial services chapter, namely: 
the North American Free Trade Agreement (on which other later agreements are based), and the 
agreements with Colombia, the Northern Triangle (El Salvador, Honduras, Guatemala), the 
European Free Trade Association, the European Union, Japan and Peru. The financial services 
chapters of the existing agreement with Nicara gua and that with the Northern Triangle will 
continue in force until it is agreed to negotiate common disciplines on financial services under the 
Single Free Trade Agreement consolidating Mexico's three agreements with Central America into one (see Chapter 2).
135 
4.146.  Mexico has various legal provisions relating to the financial sector. The financial sector 
legislation basically includes: (i) the Monetary Law of the United Mexican States; (ii) the General 
Law on Auxiliary Credit Organiza tions and Activities; (iii) the Investment Company Law; (iv) the 
Law on Credit Institutions; (v) the Law Regulating Financial Groups; (vi) the Law on the Bank 
of Mexico; (vii) the Law on Savings Systems for Retirement; (viii) the General Law on Insurance 
Companies and Mutual Institutions; (ix) the Law Regulating Credit Rating Companies; (x) the People's Savings and Credit Law; (xi) the Law on the National Banking and Securities Commission; 
(xii) the Stock Market Law; (xiii) the Law for the Pr otection of Bank Savings; (xiv) the Federal Law 
on Bonding Institutions; (xv) the Law for the Protection and Defence of Financial Services Users; 
                                               
132 CONDUSEF online information. Viewed at: http://www.condusef.gob.mx/index.php/conoces-la-
condusef/mision-y-vision . 
133 CNBV online information. Viewed at: http://www.cnbv.gob.mx/CNBV/Paginas/Mision.aspx . 
134 WTO document GATS/SC/56/Suppl.3 of 26 February 1998. 
135 The Mexico-Central America FTA does not cont ain a financial services chapter. Viewed at: 
http://www.sice.oas.org/ctyindex/MEX/MEXagreements_s.asp#Signed . WT/TPR/S/279/Rev.1 • Mexico 
 
- 142 - 
  (xvi) the Law on Credit Unions; (xvii) the Law on the Transparency and Management of Financial 
Services; (xviii) the Law on Transparency and the Promotion of Competition in Guaranteed Credit; 
(xix) the Payment Systems Law; (xx) the Insurance Policy Law; and (xxi) the Law Regulating the Activities of Savings and Loan Cooperative Societies. 
4.147.  The amendments to the Law on Credit Institutions were among the most significant 
reforms implemented during the period under revi ew. During 2008, functions previously performed 
by the SHCP were transferred to the CNBV, the operations that banks can carry out were made 
more flexible, a single procedure was established for imposing penalties, and measures were 
introduced for penalizing persons who unlawfully obtain information from credit card holders or engage in fraud. In 2009, CONDUSEF was given new responsibilities for transparency, handling 
complaints and joint supervision of the level of competition with the Federal Competition 
Commission (COFECO). Moreover, in the same year, limits were set on the operations that credit 
institutions can carry out through third parties, with the exception of third-party State entities.
136 
4.148.  For their part, pension funds received successive authorizations to invest in a selection of 
three foreign currencies (US dollars, euros and Japa nese yen), as well as to invest up to 10% of 
their portfolio in commodities. 
4.149.  One of the legal changes that affected the financial sector during the review period was the 
introduction, in 2008, of the Law on Credit Unions, for the purpose of regulating their organization 
and functioning and the operations they can carry  out. The changes introduced also encouraged 
improvements in corporate governance practices and the establishment of prudential regulation 
systems in the sector.137 
4.150.  During the review period, efforts continued with a view to intensifying financial 
penetration, partly through the entry of new types of financial sector participants. In this connection, niche banking and correspondent banking were introduced in 2008. 
The people's savings and loan institutions also continued to expand. Thus, in June 2012, there 
were 112 such entities, or 2.5 times as many as were operating in 2007, while deposits had increased by a factor of ten. Meanwhile, following the liberalization of the limited-scope financial 
company (SOFOLES) market via multipurpose financial companies (SOFOMES
138), there are 
now 3,889 SOFOMES in existence.139 
4.5.1.2  Banks 4.151.  The Mexican banking system is composed of the Bank of Mexico, the commercial banks 
(multiple banking institutions), the development banks (development banking institutions), the 
public trust funds which were set up by th e Federal Government to promote economic 
development and which carry out financial activities , and the self-regulating banking organizations. 
Under the Law on Credit Institutions, banking and credit services can be provided only by credit 
institutions, which may be multiple banking or development banking institutions. In this connection, banking and credit services are considered to mean attracting funds from the public on 
the domestic market to place them with the public, through instruments that create direct or 
contingent liabilities, with the intermediary being obliged to cover the principal and, where appropriate, the financial incidentals of the fu nds attracted. Other issuers of credit include 
limited-scope financial companies (SOFOLES) and multipurpose financial companies (SOFOMES). 
4.152.  At the end of September 2012 there were  42 commercial (multiple) banking entities 
operating in Mexico.
140 Four of the five main commercial banks in terms of assets are majority 
foreign-owned (BBVA Bancomer, Banamex-Citigr oup, Bank Santander Mexicano, and HSBC). 
                                               
136 IMF (2012). 
137 Full text of the law viewed at: http://www.diputados.gob.m x/LeyesBiblio/pdf/LUC.pdf . 
138 SOFOMES are financial entities established to ca rry out financial leasing and/or factoring and/or 
credit operations for any purpose, with out the need for SHCP authorization. 
139 As distinct from SOFOLES, SOFOMES can grant loans of any type. However, th ere are restrictions on 
their ability to attract funds from the public. Office of the President of the Republic (2012), Sexto Informe de 
Gobierno . September 2012. Viewed at: http://www.informe.gob.mx . 
140 In addition to the 42 banks in operation, four  more banks were authorized during July and 
September 2012 and were ready to commence operations in November of the same year. The four new 
recently authorized banks are: Banco Bicenten ario, Banco Agrofinanzas, Banco Forjadores and 
Banco PagaTodo. WT/TPR/S/279/Rev.1 • Mexico 
 
- 143 - 
  In September 2012, these institutions controlled 60.9% of all bank assets, compared with 68.9% 
in December 2007.141 The ten largest foreign banks control 71.25% of banking activity, 
while Banco Mercantil del Norte (Banorte) is the largest local-capital commercial bank in Mexico and the fourth largest in the sector, with a 10.4% share in September 2012.
142 
4.153.  Six development banks and 16 limited-scope financial companies were also operating 
in September 2012 (see below). In addition, the CN BV supervises the activities of 22 financial 
group controllers. 
4.154.  The distribution by sector of the cred it granted by commercial banks between 2007 and 
2011 was, on average, as follows (the percentage  of the total credit granted is indicated in 
parentheses): agriculture, forestry and fishin g (1.6%); mining (0.2%); manufacturing (10.8%); 
construction (9.1%); services and other activities (21.9%); housing (17.1%); consumption 
(22.3%); domestic financial sector (3.2%), government and public administration (10.8%); 
IPAB or Institute for the Protection of Bank Savings (0.7%); and other (1.1%).143 
4.155.  In 2011, bank assets increased by 11.7% in local currency and accounted for somewhat 
more than 40% of GDP, while the assets of the financial system declined as a proportion of GDP, 
from 78.5% in 2010 to 77.8% in 2011. The balance of the portfolio of active loans granted by 
commercial banking to the private sector grew by 48.5% between 2007 and June 2012.144 
The growth came despite the financial crisis, during which the Mexican banking system showed 
itself to be strong, preserving its liquidity, profitability and level of capitalization. In the first half of the last decade the banks were recapitalized thanks to an inflow of foreign investment and the introduction of regulatory improvements in the banking system. 
4.156.  The degree of financial intermediation continues to be relatively low. Overall, the figure for 
the credit channelled through the banking system as  a proportion of Mexico's GDP was only 17.2% 
in June 2012.
145 In Mexico, lending to the private sector is below the Latin American average and 
below the level achieved in 1995, which underlines the need to promote the growth of the financial 
system to support national economic growth and financial stability.146 
4.157.  The trend in the financial indicators for the banking sector has been favourable in recent 
years. The delinquency index, i.e. loans past due as a percentage of total loans, has remained 
fairly stable at 2.5% (in 2011), after reaching historic minima of around 1.7% between 2005 and 2007.
147 The same applies to capital adequacy, measured as net capital relative to total risk 
assets, which in June 2012 stood at 16% as compared with 15.9% at the end of 2007. In order to 
maintain the relative strength of the banking sect or after the financial crisis of 2008 and 2009, the 
Government decided to adopt the Basel III Principles for banking supervision. This means that the banks must maintain capital levels of at least 10.5% on average, a requirement that the 
Mexican institutions were already meeting comfortably in June 2012.
148 Altogether, the commercial 
banking institutions had an average return on asse ts (ROA) of 1.42% in July 2012, and an average 
return on equity (ROE) of 13.82%.149 
4.158.  During the review period, reforms to improve banking sector practices and promote 
competition were introduced. As part of its functi ons, the Bank of Mexico changed and reduced the 
                                               
141 SHCP, National Banking and Securities Commission (2012), 
and http://portafolioinfdoctos.cnbv.gob.mx/Documentacion/Boletines/Portal_NW/BE_BM_201209.xls . 
142 SHCP, National Banking and Securities Commission (2012). 
143 Total credit includes the current, past due and di scounted portfolios and the interest paid on loans, 
active and due. Source: Mi nistry of Finance and Public Credit an d information from the Bank of Mexico. 
144 Source: Ministry of Finance and Public Credit  and information from the National Banking and 
Securities Commission (CNBV), National Pension Fund Commission (CONSAR), National Insurance and Bonding Commission (CNSF) and Institute of the Nati onal Fund for Workers' Housing (INFONAVIT). 
145 WTO Secretariat calculations, based on information provided by the Mexican authorities and 
information contained in: SHCP, National Banking and Securities Commission (2012). 
146 Whereas in Mexico it is below 20 % of GDP, in Chile it is above 70% and in Brazil above 50%. 
IMF (2012). 
147 National Banking and Securities Commission (2012c). 
148 IMF (2012b) and Office of the President of the Republic (2012). 
149 Return on Assets (ROA) relates the net profit ov er a particular period wi th total assets. It is 
calculated as: net profit + financing charges/total assets. Return on Equity (ROE) is calculated as: net profit/shareholders' equity. WT/TPR/S/279/Rev.1 • Mexico 
 
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  commissions paid by account holders for various transactions, which constitute one of the main 
sources of income for Mexican banks. Moreover, th e Central Bank was authorized to establish the 
formula, components and method for calculating the Total Annual Gain , to make it easy for those 
interested in placing an investment or savings to compare the returns on the various options 
available. At the same time, to help provide a larger segment of the population with access to 
banking services, in May 2010 banking institutions were required to offer a basic credit card to eligible customers and the Bank of Mexico was given powers to facilitate the movement of 
customers between institutions. Likewise, to promote the use of new ways for customers to access 
the banking system, as from August 2011 four types of accounts with different levels of service 
were established.
150 In addition, in April 2012, a provisio n entered into force enabling workers 
directly to open basic payroll accounts in the bank of their choice, without having to give 
instructions for balances to be transferred fr om accounts opened for them by the employer. 
4.159.  Development banking institutions play a f undamental role in the Mexican financial system. 
Their basic purpose is to facilitate access to financing for natural and legal persons and to provide 
them with technical assistance and training.151 There are currently six development banking 
institutions, all owned by the Mexican State: Nacional Financiera (NAFIN, see Chapter 3.4.1), Banco Nacional de Comercio Exterior (BANCOMEXT, see Chapter 3.3.5), Banco Nacional de 
Obras y Servicios Públicos (BANOBRAS), Sociedad Hipotecaria Federal, Banco de Ahorro Nacional y 
Servicios Financieros (BANSEFI), and Banco Nacional del Ejército, Fuerza Aérea y Armada (BANJERCITO). In addition, Financiera Rural
152 provides credit for the agricultural sector. 
The most important player in Mexican developmen t banking is BANOBRAS, with a 45.1% share of 
the sector's loan portfolio in September 2012.153 
4.160.  During the period from 2007 to 2012, the trend in Mexican development banking was less 
favourable than that in commercial banking. The delinquency index increased from 2.2% at the 
beginning of the period to 4.4% in 2012, while ca pital adequacy fell from 18.5% to 16.2% in the 
same period.154 
4.161.  To set up and operate as a multiple banking institution it is necessary to obtain the 
authorization of the Federal Government, which is granted on a discretionary basis through 
the CNBV, subject to the agreement of its governing board and the favourable opinion of the Bank of Mexico. These authorizations are non-transferable. Authorizations to set up and operate as a multiple banking institution, and any amendments, must be published in the Official Journal and 
in two newspapers with a wide circulation in the corporate domicile. 
4.162.  The law establishes certain procedures for the participation of domestic and foreign capital. 
Foreign investors may participate in the provision of banking services in Mexico through 
subsidiaries of foreign financial institutions, provided that they are from countries with which 
Mexico has a free trade agreement with a financial services chapter. The establishment of subsidiaries is regulated in Chapter III of the Law on Credit Institutions and in the Rules for the 
Establishment of Subsidiaries of Foreign Financial Institutions, and depends on the approval of the 
CNBV and that of its Governing Board, in consulta tion with the Bank of Mexico. The Rules for the 
Establishment of Subsidiaries of Foreign Financial Institutions include requirements relating to the ownership structure, internal and operational contro ls, financial projections and fitness of directors 
and senior management. Subsidiaries can offer the same services as commercial banks, unless the 
treaty or international agreement with the country of origin imposes restrictions and provided that the foreign financial institution offers similar services in its country of origin. 
4.163.  In any event, investors from any country may hold up to 100% of the shares representing 
the capital of a banking institution, subject to prior authorization by the CNBV, in consultation with the Bank of Mexico, if the holding exceeds 5% of the capital or if a guarantee is given on shares 
representing that percentage. Likewise, the prior authorization of the CNBV and a favourable 
                                               
150 Office of the President of the Republic (2012). 
151 Article 30 of the Credit Institutions Law. Viewed at: http://www.diputados.gob.mx/ 
LeyesBiblio/pdf/43.pdf . 
152 Under its organization act, Financiera Rural is  a decentralized agency of the Federal Public 
Administration, not a domestic credit company like the development banking institutions. 
153 National Banking and Securities Commission (2012a). 
154 The 2012 values are preliminary data. Office of the President of the Republic (2012). WT/TPR/S/279/Rev.1 • Mexico 
 
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  opinion from the Bank of Mexico are required if a person or a group of persons, whether or not 
shareholders, seeks to acquire 20% or more of the capital of a multiple banking institution. 
4.164.  However, foreign legal persons that ex ercise functions of authority may not in any 
circumstances participate in the share capital of multiple banking institutions. 
4.165.  Multiple banking institutions may be established with up to 40% of the minimum capital 
required, but they can only carry out a limited number of operations. These are known as niche banks. The CNBV determines the amount of capita l by regulation depending, among other things, 
on the operations expressly envisaged in the articl es of association, the infrastructure needed for 
the bank's development and the markets in which it intends to participate. 
4.166.  There are no major restrictions on domestic banks, enterprises or consumers requesting 
loans from, or making deposits in, foreign banks, on the understanding that the foreign banks 
cannot offer these services in Mexico. Moreover, there are no major restrictions on foreign banks, 
enterprises or consumers requesting loans from, or making deposits in, Mexican banks. There are no provisions in the Mexican legislation that would require commercial banks to provide credit to a 
particular sector of the economy. 
4.5.1.3  Insurance 4.167.  Mexico's insurance sector comprises insurance companies and mutual institutions. 
Insurance penetration (value of premiums as a percentage of GDP) has not changed since the last 
Review, amounting to 1.9% of GDP at the end of 2011. The level of penetration is below average 
for the OECD and in comparison with the rest of Latin America, although in recent years it has developed in line with other sectors of the econ omy, thanks to regulatory improvements and the 
inflow of foreign investment.
155 Mexico is the second largest insurance market in Latin America, 
after Brazil, with 17.5% of total premiums.156 
4.168.  The value of direct premiums increased moderately between 2007 and 2010, affected by 
the consequences of the global financial crisis, rising from Mex$191,967 million 
(US$17,695 million) in 2007 to Mex$247,000 million (US$19,952 million) in 2010.157 Total 
premiums issued by the sector continued to increase in 2011: on 31 December of that year they 
amounted to Mex$281,792 million (US$20,466 million), of which 98% corresponded to direct 
insurance and 2% to reinsurance premiums.158 At the end of June 2012, the composition of the 
insurance sector portfolio was as follows: life, 39.0%; motor vehicle, 19.8%; accident and sickness, 15.5%; fire and earthquake, 9.9%; pensions, 5.5%; miscellaneous, 4.8%; 
civil liability, 2.2%; marine and transport, 2.5%; and other branches, 2.1%. Non-life insurance 
accounted for 55.5% of the total insurance portfolio and life insurance for 44.5%.
159 
4.169.  At the end of June 2012, Mexico had 103 insurance companies, of which two were mutual 
insurance companies and one was State-controlled, while the remaining 100 were private 
insurance companies.160 Out of this total, 15 companies are incorporated in some financial group 
and 59 are majority foreign-owned. Of the latter, ei ght also belong to some financial group. On the 
same date, Mexico had 56 companies offering life insurance and 81 operating in the non-life 
sector. In addition, ten companies were providing pension-related insurance, 11 health insurance, three mortgage insurance and one financial guarantee insurance. 
4.170.  During the review period, the insurance market continued to be characterized by high 
concentration, although it decreased slightly between 2011 and 2012. At the end of the second 
quarter of 2012, the CR5 index, i.e. the sum of the five largest market shares, in direct premium terms, stood at 44.9%, 0.8 percentage points below that recorded one year earlier.
161 In life 
                                               
155 Economist Intelligence Unit (2012b). 
156 MAPFRE Foundation (2011). 
157 National Insurance and Bonding Commission (2011). 
158 National Insurance and Bonding Commission (2012). 
159 National Insurance and Bonding Commission (2012). 
160 National Insurance and Bonding Commission (2012). 
161 In total, this index consisted of the shares of the following companies: Metlife Mexico, S.A., 13.8%; 
Grupo Nacional Provincial, S.A.B., 11.4%; AXA Seguros, S.A. de C.V., 8.5%; Seguros BBVA Bancomer, S.A. de WT/TPR/S/279/Rev.1 • Mexico 
 
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  insurance, the concentration is even greater, with a CR5 index of 72.0% in June 2012, 
5.6 percentage points higher than the year before. 
4.171.  The insurance industry is governed by the General Law on Insurance Institutions and 
Mutual Societies of 1935 (LGISM), published in the Official Journal of 31 August 1935, the latest 
amended version of which was published in the O fficial Journal of 20 June 2008. In accordance 
with the General Law on Insurance Institutions and Mutual Societies, the SHCP is responsible for interpreting, applying and resolving for administra tive purposes everything relating to insurance 
institutions and mutual societies. To this end, when it considers it appropriate, it may request the 
opinions of the National Insurance and Bonding Commission (CNSF) and the Bank of Mexico. The adoption of any measure relating to the creation and functioning of domestic insurance institutions is the exclusive responsibility of th e SHCP. Under the Law, the SHCP must ensure the 
balanced development of the insurance system and competition between its component insurance 
institutions. 
4.172.  The SHCP is in charge of granting authorizations to insurance institutions to operate in the 
country, while the CNSF is the supervisory body. The CNSF is a decentralized unit of the SHCP, 
entrusted with overseeing the compliance of the insurance and bonding sectors with the regulatory framework, while preserving the solvency and fina ncial stability of the institutions concerned to 
safeguard users' interests and ensure the development of these sectors.
162 The Law exhaustively 
lists the activities in which insurance institutions may engage.163 
4.173.  To set up and operate an insurance institution or mutual society it is necessary to obtain 
the authorization of the Federal Government, which is granted through the SHCP. Applications for 
authorizations must be dealt with by the SHCP within six months of being submitted. 
Authorizations are non-transferable and must rela te to one or more of the following insurance 
operations: (a) life; (b) accident and sickness (in one or more of the following branches: personal 
accident; medical expenses; health); (c) casualty (in one or more of the following branches: civil 
liability and occupational risk; marine and transport; fire; agriculture and animals; motor vehicles; credit; housing credit; financial guarantees; miscellaneous; earthquake and other disaster 
insurance). Authorizations may also be granted for the exclusive practice of reinsurance, in one or 
more of the areas mentioned. A single institution cannot obtain authorization to sell both life insurance and casualty insurance at the same time. 
4.174.  Insurance related with pension or survival plans derived from social security legislation 
may only be offered by insurance institutions exclusively dedicated to that activity. Health 
insurance may only be offered by insurance institutions exclusively authorized for the purpose. Applications for authorization to set up an insurance institution to operate in the health sector 
must be accompanied by a provisional opinion issued by the Ministry of Health. Credit insurance, 
housing credit insurance and financial guarantee insurance may only be offered by insurance institutions exclusively authorized to operate in  only one of these branches. The authorizations 
granted to insurance institutions may include rebonding operations. 
4.175.  Applications to set up an insurance instit ution or a mutual society must be accompanied by 
a strategic programme for the implementation of po licies and regulations and by an action plan 
which includes the initial capital or assets, the basis of the institution's organization and internal 
                                                                                                                                               
C.V., Grupo Financiero BBVA Bankmer, 7.0%; and Segu ros Inbursa, S.A., Grupo Financiero Inbursa, 5.8%. 
National Insurance and Bonding Commission (2012). 
162 CNSF online information. Viewed at: http://www.cnsf.gob.mx/Paginas/somos.aspx . 
163 These include: (a) insurance, reinsurance and rebonding operations; (b) financial reinsurance 
operations; (c) constituting and investing the reserves for which the Law provides; (d) administering the sums 
entrusted to them by the insured or their benefici aries in the form of dividends or indemnities; 
(e) administering the reserves corresp onding to insurance contracts based on pension plans; (f) acting as a 
trustee in transactions directly linked with their partic ular activities; (g) administ ering the reserves retained 
from domestic and foreign institutions  corresponding to reinsurance and re bonding operations; (h) giving in 
administration to domestic or foreign ceding institutions the rese rves constituted by retained premiums 
corresponding to reinsurance or rebond ing operations; (i) making investment s abroad for technical reserves or 
to meet other necessary requ irements corresponding to op erations carried on outside the country; (j) making 
deposits in foreign credit institutions and banks; (k) receiving discounted and rediscounted securities from 
credit institutions, auxiliary credit organizations and multipurpose financial companies, as well as from 
permanent economic development funds held in trust for the federal government in credit institutions; 
(l) granting loans or credit and issue su bordinated bonds; (m ) trading securities. WT/TPR/S/279/Rev.1 • Mexico 
 
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  control, the proposed geographical coverage and market segments to be served, and the technical 
operation and insurance placement programmes, with respect to the operations and branches for which authorization is being requested. In addition, it is necessary to lodge a deposit equal to 10% of the statutory minimum capital. The deposit will be refunded when operations commence or if 
authorization is refused, with the possibility (in the latter case) of up to 10% of the deposit being 
retained. Authorizations to set up and operate as an insurance institution or mutual society, and any amendments thereto, are published in the Offi cial Journal, at the expense of the interested 
parties. To commence operations, the insurance company must have received a favourable opinion 
from the CNSF, following an inspection carried out by the latter to assess the existence of the systems, procedures and administrative infrastructure necessary to offer the services the company has been set up to provide. 
4.176.  Insurance institutions must be established as limited companies with fixed or variable 
capital, in accordance with the General Law on Commercial Companies, and must have a minimum paid-up capital for each operation or branch fo r which they are authorized. The minimum paid-up 
capital required is in investment units and depends on the branches and operations for which the 
institutions are authorized; this is specified in the Decision on the minimum paid-up capital that 
insurance institutions must allocate for each operation or branch , published annually in the 
Official Journal in compliance with Article 29.I of the LGISMS.
164 The share capital of insurance 
institutions may comprise a portion represented by limited-voting shares up to an amount equivalent to 30% of the paid-up capital, subject to SHCP authorization.
165 The following may not 
participate in its paid-up capital, either directly or through an intermediary: credit institutions, 
mutual insurance societies, securities firms, aux iliary credit organizations, managing companies of 
investment companies, people's savings and loan  entities, pension fund managers, and foreign 
exchange brokers. 
4.177.  Depending on the nationality of the sharehol ders that participate in their capital, insurance 
institutions may be wholly or majority Mexican-owned or wholly or majority foreign-owned, in which case they will be considered subsidiaries of foreign financial institutions. In the first case, 
foreign natural or legal persons may (with some exceptions) acquire shares representing the 
capital, but the Mexican investors must retain effective control of the institution which, according to the law, exists in the following situations : when they hold 30% or more of the shares 
representing the share capital of an institution; when they control the annual shareholders' 
meeting; when they are able to appoint a majority  of the members of the board of directors; or 
exercise some other means of control. The authorization of the SHCP is required to acquire control or more than 5% of the paid-up capital. Persons acquiring or transferring shares equal to more 
than 2% of the paid-up capital of an insurance institution must notify the SHCP, within three 
working days of the acquisition or transfer. 
4.178.  Foreign-capital institutions may operate only as subsidiaries of a foreign financial 
institution. Access to the market is subject to conditions of reciprocity. Thus, the foreign institution 
must come from a country with which Mexico has signed a treaty or international agreement that permits the establishment of subsidiaries in the national territory. The Law stipulates that subsidiaries are also governed by the LGISMS  and, moreover, by the provisions of the 
corresponding treaties or international agreements. 
4.179.  To establish subsidiaries, institutions must comply with the Rules for the Establishment of 
Subsidiaries of Foreign Financial Institutions, which include requirements relating to the ownership 
structure, operating and internal controls, financia l projections and fitness of directors and senior 
management.
166 To set up and operate as a subsidiary it is necessary to obtain the authorization 
of the SHCP, which has discretionary powers to grant authorizations, after seeking the opinion of 
the CNSF. These authorizations are non-transferable and must be published in the Official Journal. 
The Law stipulates that, where appropriate, the fina ncial authorities will guarantee fulfilment of the 
national treatment commitments assumed by Mexico, on the terms laid down in the treaty or 
                                               
164 The amounts for 2012 are contained in the Decision on the minimum paid -up capital that insurance 
institutions must allocate for each operation or branch , published in the Official Journal of 30 March 2012. 
165 Under the LGSIMS, limited-voting shares confer voti ng rights only in matters relating to change of 
purpose, merger, corporate breakup, conversion, dissoluti on, liquidation or the cancellation of a stock market 
listing. 
166 The Law defines a subsidiary as a Mexican limite d company whose establishment and operation as an 
insurance institution have been authorized and whose capital is majority-owned by a foreign financial institution. WT/TPR/S/279/Rev.1 • Mexico 
 
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  international agreement applicable. If there is no international agreement with Mexico that 
provides for the establishment of subsidiaries on the national territory, national treatment is not guaranteed and the foreign investment is limited to 49% of the paid-up capital, in accordance with the LGISMS and the Foreign Investment Law. 
4.180.  Subsidiaries can carry out the same operations as majority Mexican-owned insurance 
institutions, unless the treaty or international agreement applicable imposes some restriction. In this connection, the authorities have pointed out that there are no restrictions in the treaties 
concluded by Mexico so far. To acquire a majority  stake in the share capital of a subsidiary, the 
foreign financial institution must carry out, in the country in which it is established, directly or indirectly, in accordance with the legislation applicable, the same kind of operations that the subsidiary in question is authorized to carry out in Mexico. The share capital of subsidiaries may 
consist of two series of shares: at least 51% of  the capital is composed of Series "E" shares 
(always owned, directly or indirectly, by a foreign financial institution), while the remaining 49% of the capital may be composed, separately or jointl y, of shares of Series "E" and "M" (owned by 
shareholders authorized by the LGISM). Subsidiaries cannot issue limited-voting shares. The 
Series "E" shares of a subsidiary may be disposed of only with the authorization of the SHCP. Once 
a subsidiary has been set up, it s Series "E" shares may be temporarily acquired by the Federal 
Government for subsequent placement with other in vestors, subject to authorization by the SHCP. 
The authorities have indicated that so far this has never happened. 
4.181.  The CNSF has the same powers of supervision with respect to subsidiaries as it does in 
relation to wholly or majority Mexican-owned insurance institutions. If the supervisory authorities 
of the country of origin of a foreign financial institution owning shares representing the share 
capital of a subsidiary wish to carry out inspections, they must apply to the CNSF in writing. 
4.182.  Under the LGISM, the following are prohibited: (1) insurance operations on Mexican 
territory by persons other than insurers authorized pursuant to this Law; (2) hiring foreign 
enterprises to provide: (i) insurance if the insure d is present in the national territory when the 
contract is signed; (ii) insurance against marine and transport risks for ship or aircraft hulls or any 
kind of vehicle registered in Mexico or owned by persons domiciled in Mexico; (iii) credit insurance, 
housing credit insurance and financial guarantee insurance, if the insured is subject to Mexican legislation; (iv) insurance against civil liability stemming from events which may occur in Mexico; and (v) other forms of insurance against risks that may occur on Mexican territory. Where the 
insurable risk is not insured by enterprises established locally, the SHCP may authorize the hiring 
of foreign enterprises, either directly or through Mexican enterprises; and (3) cross-border supply of insurance. The transfer of life and non-life insurance portfolios between insurance institutions 
needs SHCP approval, which is given when the requirements are met. 
4.183.  Where reinsurance services are concerned, the LGISMS allows institutions established in 
Mexico to sign contracts with foreign reinsurers that have enrolled in the General Register of 
Foreign Reinsurers. Registration may be granted or refused at the discretion of the SHCP. 
4.184.   The intermediation of insurance contracts which do not have the character of an adhesion 
contract is exclusively reserved for insurance brokers. To act as an insurance broker CNSF authorization is required. Authorizations are non-transferable and may be granted to natural or 
legal persons. 
4.185.  Although insurers do not require approv al for the premiums they charge, they must 
provide the CNSF with technical reports setting out the criteria on which their premium 
calculations are based. 
4.5.1.4  Securities market 4.186.  The principal law regulating the activities of  the securities market is the Stock Market Law, 
published in the Official Journal of 30 Dece mber 2005, the latest amendment of which was 
published in the Official Journal of 6 May 2009. The purpose of this law is to develop the securities market fairly, efficiently and transparently; to protect the interests of the investing public; to 
minimize systemic risk; to promote healthy competition, and to regulate: (a) the registration and 
the updating, suspension and cancellation of the regi stration of securities in the National Securities 
Register and the organization of the latter, (b) the offer and intermediation of securities; (c) the WT/TPR/S/279/Rev.1 • Mexico 
 
- 149 - 
  limited companies that place shares on and off the exchange, and the special regime with which 
these companies must comply in relation to the legal persons which they control, on which they have a significant influence or by which they are controlled; (d) the obligations of legal persons that issue securities and persons that trade secu rities; (e) the organization and functioning of 
brokerage firms, stock markets, securities deposi tories, central counterparties for securities, price 
vendors, security rating institutions and companies that manage systems for facilitating trading in securities; (f) the development of dealing syst ems that make securities trading possible; 
and (g) the liability incurred by persons responsible for acts or omissions sanctioned by this Law. 
The Law reinforced the rights of minority shareh olders and redefined the function and powers of 
the National Banking and Securities Commission an d made it possible to harmonize the national 
legislation with the Basel Agreements on banking supervision and regulation. 
4.187.  The Bolsa Mexicana de Valores is Mexico's single stock exchange and Latin America's 
second largest, after the Bolsa de Valores de Sã o Paulo (BOVESPA). The Bo lsa is a self-regulating 
body. In 2011, its main index (IPC) suffered a year-on-year fall of the order of 15% in US dollars. 
In terms of value in circulation, after contra cting in 2008, the market increased in value in 
subsequent years, growing by 31.4% between  2007 and the end of financial year 2011. 
Though still small as compared with the developed countries, market capitalization increased 
from 26.3% of GDP in 2008 to 37.2% in 2011. Concen tration is still high, considering that 62% of 
the volume traded corresponds to seven issuers: América Móvil, the cement company CEMEX, the bottler FEMSA, Banorte, the mining company Grupo México, Grupo Televisa and Walmart México (a subsidiary of the Unit ed States company of the same name). 
4.188.  The economic recovery of 2010 and the introduction of new financial instruments led to the 
admission of eight new enterprises to the Mexican exchange in 2010 and three more in 2011, through initial public offerings (IPO). In 2012, up to ten enterprises were planning to enter, given 
the right conditions. However, between 2007 and 2012 there was little change in the number of 
enterprises listed, with 125 issuers at the beginning and 128 at the end of the period, respectively. Following the introduction of the new Stock Market Law it was expected that more medium-sized 
enterprises would enter the exchange, in particular as a stock investment promoting corporation 
(Sociedad Anónima Promotora de Inversión Bursátil  (SAPIB)). In September 2012, two share 
issuers and one debt issuer had listed as SAPIBs. 
4.189.  The predominant type of debt in private sector issues is the certificado bursátil  (a security 
note that can be issued by private and public de btors), with 83% of the total. This features a 
relatively simple issuing process while restricting the guaranteed return on the bondholder's initial investment. The second most used instrument is the certificado de capital de desarrollo (equity 
development certificate (CKD)), which comprises 13. 1% of private sector debt and is aimed at 
infrastructure projects.
167 
4.190.  S.D. Indeval, Instituto para el Depósito de Valores, S.A. de C.V., is the only securities 
depository institution in Mexico.168 
4.191.  Intermediation with securities registered in the National Securities Register can only be 
provided by financial entities authorized to act as  securities market intermediaries. The institutions 
regulated by the Securities Market Law as securiti es market intermediaries are: brokerage firms; 
credit institutions; investment company operating companies; pension fund managers; distributors 
of investment company shares; and financial entities authorized to act as distributors. 
4.192.  Brokerage firms are limited companies dedicated to securities intermediation and to 
offering and trading securities for their own account or that of third parties on the primary or 
secondary market. The products that brokerage firms can offer their customers also include derivatives, currencies and monetized metals. To set up and operate as a brokerage firm CNBV 
authorization, with the agreement of the governin g board, is required. The Mexican Association of 
Stock Market Intermediaries, A. C. (AMIB), an organization which groups together all the brokerage firms operating in Mexico and represents  them before the securities market regulators, 
has been recognized by the CNBV as a self-regulating body. 
                                               
167 CKDs are certificates used to finance infrastruct ure, in accordance with Articles 62 and 63 of the 
Stock Market Law. 
168 Information about the way in which Indeval op erates and its activiti es is available at: 
http://www.indeval.com.mx . WT/TPR/S/279/Rev.1 • Mexico 
 
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  4.193.  Investment companies, whose purpose is to purchase securities and sell investment assets 
using funds obtained by placing shares representing  their capital with the investing public, can be 
of four types: variable (shares, bonds and othe r securities, titles or documents representing 
third-party debt); investment in debt instruments (medium and long-term); capital investment; 
and limited-purpose investment (instruments defined by their own articles of association). 
4.5.1.5  Pension system 4.194.  Pension system activities are regulated by the National Pension Fund Commission 
(CONSAR), a decentralized administrative unit of the SHCP, with technical and operational 
autonomy.
169 Basically, the pensions system is regulated by the Law on Savings Systems for 
Retirement, published in the Official Journal of 23 May 1996, the Social Insurance Law, published in the Official Journal of 12 March 1973, the Social  Insurance Law, published in the Official Journal 
of 21 December 1995, the Law on the State Work ers Security and Social Services Institute, 
published in the Official Journal of 31 March 2007, and the Regulations of the Law on Savings 
Systems for Retirement, published in the Official Journal of 24 August 2009. 
4.195.  The coordination, regulation, supervisio n and monitoring of the savings systems for 
retirement are entrusted to CONSAR, which is authorized to issue the general provisions and prudential regulations by which savings system participants are bound in relation to their 
establishment, organization, functioning and operations. CONSAR is the entity responsible for 
granting, amending or revoking the authorizations of managers and investment companies and supervising savings system participants. 
4.196.  CONSAR supervises the 13 pension fund  management firms (AFOREs) in operation 
in September 2012. AFOREs are private financial institutions that manage pension funds on behalf 
of workers. At the end of September 2012, the funds managed by AFOREs in the 47.7 million 
accounts in their charge had a total market value of Mex$1.8 billion (US$139,776 million). 
According to information published by CONSAR , the historical performance of the system 
is 13.33% in nominal and 6.6% in real terms. AFOREs invest the funds of their contributors in specialized pension fund investment companies (SIEFOREs). There are five different SIEFOREs. 
Investments can be made in domestic variable yield instruments (7.8% of total investments 
in September 2012), international variable yield (12.8%), domestic private debt (17.0%), international debt (2.3%), government securiti es (57.0%) and structured instruments (3.0%).
170 
4.197.  The Law on Savings Systems for Retirement regulates these systems and their 
participants. To set up and operate as an AFORE it is necessary to obtain authorization from 
CONSAR; the Law stipulates that this authorization will be granted on a discretionary basis, after hearing the opinion of the SHCP. CONSAR authorization is also required to acquire AFORE shares 
of any series, to incorporate new shareholders if that means that the acquirer (person or group of 
persons) will hold 5% or more of the management firm's share capital, and for AFOREs to merge. If less than 5% of the capital is acquired, it is sufficient to notify CONSAR 10 working days before 
the transaction is completed. 
4.198.  AFOREs must be limited companies with variable capital and their managers must, by law, 
be not less than five in number. AFOREs must be controlled by Mexican capital. In this connection, 51% of the share capital must be in the form of Series "A" shares, which can only be 
acquired by Mexican natural persons or by Mexican legal persons whose capital is majority 
Mexican-owned and which are under effective Mexi can control. The remaining 49% of the capital 
may consist of Series "A" or "B" shares or a comb ination of Series "A" and "B", the latter with no 
subscription restrictions. The Law prohibits managers or foreign legal persons that exercise 
functions of authority from participating in the capital. The participation, direct or indirect, of foreign financial institutions in the capital of management firms must be in conformity with the 
provisions of the treaties and international agreements applicable and with the measures adopted 
by the SHCP to ensure compliance with those treaties and agreements. 
                                               
169 CONSAR online information. Viewed at: http://www.consar.gob.mx/acerca_consar/ acerca_consar-
mision.shtml . 
170 CONSAR online information. Viewed at: http://www.consar.gob.mx/p anorama_sar/panorama_sar. 
shtml . WT/TPR/S/279/Rev.1 • Mexico 
 
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  4.199.  The Rules for the Establishment of Subsidiary Pension Fund Managers regulate total or 
majority foreign participation in their capital, through foreign financial institutions from countries with which Mexico has signed a treaty or international agreement permitting the establishment of subsidiaries on the national territory. The Rules define the subsidiary management firm as a 
pension fund manager in whose capital a foreign financial institution or a subsidiary financial 
institution has a majority holding. CONSAR may authorize foreign financial institutions, subsidiary financial institutions, subsidiary managers, or related companies to acquire a majority of the 
shares representing the capital of a management firm. 
4.200.  Under the Rules, subsidiaries may carry out the same operations as pension fund 
management firms that are majority Mexican-owned. To acquire a majority stake in the share capital of a subsidiary, the foreign financial institution must carry out in the country in which it is 
established, directly or indirectly, in accordance with the legislation applicable, the same kind of 
operations as the subsidiary in question is authorized to carry out in Mexico. The capital of the subsidiary is represented by two series of shares: at least 51% of the capital will consist of Series 
"F" shares (always owned by a foreign financial institution, directly or indirectly) and the remaining 
49% of the capital may consist of Series "F" or "B" shares or a combination of the two. CONSAR authorization is needed to dispose of the Series "F" shares of a subsidiary. 
4.201.  The Law contains clauses to prevent excessive market concentration and stipulates that, 
for the purpose of keeping retirement savings systems in proper balance, no AFORE may hold more than a 20% share of the retirement savings systems market. AFOREs are obliged to establish and maintain a special reserve invested in the shares of each of the investment 
companies they manage. 
4.202.  Specialized pension fund investment companies (SIEFOREs) must be organized and 
operate as limited companies with variable capital. To set up as an investment company, 
SIEFOREs need to be authorized by CONSAR, in consultation with the SHCP. Participation in the 
fixed capital of investment companies is restricted to the AFORE that applies for them to be set up and the partners of that manager, while only the depositors in the AFOREs and the AFOREs 
themselves may participate in the variable capital. In no case may the shareholding of the AFOREs 
in the fixed capital of the SIEFOREs be less than 99% of the part representing the fixed capital. In order to merge SIEFOREs must first obtain authorization from CONSAR. 
4.5.2  Telecommunications 
4.5.2.1  Main features and structure 
4.203.  The total income of the telecommunications sector in 2011 (excluding free-to-air 
television) was Mex$395,254 million (about US$28,229 million) - a nominal increase of 3.25% on 
the previous year's figure. In the period 2007-June 2012, the sector's year-on-year growth 
averaged 6.8%
171; and the Federal Telecommunications Commission (COFETEL) reports that the 
sector's share in national GDP in June 2012 matched the record 3.1% attained in 2009, compared 
to less than half of that (1.46%) in 2000. Moreover, this occurred despite a slowdown in sector 
growth in 2009-2010. After expanding by over 11 % per year on average between 2000 and 2008, 
the GDP of the telecom sector posted historic ally low growth rates in 2009 and 2010; but 
the June 2012 figure showed a recovery of 6.87% in  relation to the same period a year earlier. 
4.204.  During the period under review, total investment by the telecom sector was erratic, 
alternating between relatively steep rises and falls. In 2011, investment was down by 12.2% on the previous year's 10-year high of US $5,675 million, following a 20.8% slump in 2009
172 in the 
wake of the 2008 and 2009 economic slowdown. Simi larly, the jump in the level of investment 
in 2010 was mainly due to the economic recovery, together with investments in mobile telephony following two major tenders as well as investment by subscription television (pay TV) operators to 
expand their coverage and product range.
173 
4.205.  As reported in the previous Review and a ccording to data published by the Organisation for 
Economic Co-operation and Development (OECD), Mexico's per capita investment in 
                                               
171 Information viewed at: http://siemt.cft.gob.mx/SIEM/home.php . 
172 Information viewed at: http://siemt.cft.gob.mx/SIEM/home.php . 
173 COFETEL (2011a). WT/TPR/S/279/Rev.1 • Mexico 
 
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  telecommunications was the lowest of the OECD's 34 member countries in both 2008 and 2009 
(the latest comparative data available, prior to the increase in investment in 2010). In both years rates were below US$50, and the figures for 2010 and 2011 were US$51 and US$44, respectively. In the period 2000-2009, average cumulative investment in OECD countries stood at US$1,447, 
compared to US$360 in Mexico. Investment in public network access points was also the lowest in 
the OECD in 2009. According to the OECD's sector analysis, the low investment levels stand in contrast to the high profit rates obtained by Mexican operators.
174 
4.206.  Mexico's fixed teledensity index, which measures the total number of telephone lines in 
service per 100 inhabitants, stood at 17.9 at the end of June 2012, compared to 19.1 in 2008. This trend reflects the growth of mobile lines, as the annual average variation in the fixed teledensity index was -0.98% over the period 2007-June 2012. In contrast, the mobile telephony 
market continued to expand, albeit slightly less vigorously than five years ago, posting annual 
average growth of 6.78% in the number of subscr ibers between 2007 and June 2012, to attain a 
mobile teledensity index of 86.9 in June 2012.
175 From June 2006 to June 2012, there were 
42 million new subscriptions to the mobile teleph ony service, which expanded from 55.4 million 
subscribers to 97.6 million. Of Mexico's total population, 93% live in areas with cellphone coverage. Although the mobile telephony penetration rate is similar to that of countries such as 
Japan, the United States or Canada, Mexico has the largest number of subscriptions under prepaid 
plans in the OECD: 88%, compared to 43% on average for the other countries.
176 The authorities 
stated that prepaid plans accounted 85% of the total as of November 2012. 
4.207.  The latest INEGI data show that 23.3% of Mexican households had Internet access 
connections in 2011.177 The number of Internet users per 100 inhabitants grew significantly in the 
review period, to reach a level of 36.1 in June 2012 (including both domestic use and use outside the home). There were 20.33 broadband connections per 100 inhabitants, up by over 59% on 
the 2010 figure. Despite the sustained growth of broadband (in 2006 there were only 2.93 
broadband connections per 100 inhabitants), Mexi co still lags behind the 2010 OECD average 
of 25 connections per 100 inhabitants; and connection speeds remain relatively slow. 
The authorities reported that the fixed and mobile broadband services had 13.1 million 
and 9.7 million subscribers, respectively, in June 2012— 6.4 times the 2006 figure. 
4.208.  The OECD notes that broadband subscriber  growth occurred despite a lack of competition 
in the sector and thanks partly to the marketing of triple-play packages (i.e. cable television, 
broadband and telephony bundled together).
178 The authorities attributed the increase to the 
introduction of new technologies such as XSDL, supported by lower prices. January 2012 saw publication of the document " Acciones para el fortalecimiento de la banda ancha y las tecnologías 
de la información y comunicación " [Actions to strengthen broadband and information and 
communication technologies] followed by the Agenda Digital on 28 March 2012. 
In November 2012, a National Broadband Plan was about to be published, which would identify 
infrastructures and modalities for tenders and concessions to ensure national coverage under 
healthy competition, quality and price conditions.
179 
4.209.  Service costs in Mexico remain relatively  high: for a basket of 140 calls from residential 
lines, in 2011 just three OECD countries paid more (including VAT), despite the fact that between 
early 2007 and mid-2012 the price of fixed line telephone services in Mexico had come down by 
over 30%.180 The price of calls for commercial users is also above the OECD average, and this 
harms small and medium-sized enterprises in particular. Mexico's average monthly Internet 
                                               
174 OECD (2011b). 
175 Online information from the CFT. Viewed at: 
http://www.cft.gob.mx/wb2/COFETEL/COFE_Estadisticas_de_telecomunicaciones_2 . 
176 The data correspond to 2009. OECD (2011b). 
177 COFETEL (August 2012) and INEGI (2012). Viewed at: http://cft.portaldesarrollo.com/wp-
content/uploads/2012/08/Bolet%C3%ADn-de-Prensa-MODUTIH_020812-1.pdf  and 
http://www.inegi.org.mx/sistemas/sisept/default.aspx?t=tinf196&s=est&c=19351 . 
178 OECD (2011b). 
179 COFETEL (2011a). 
180 COFETEL, Press Briefing 33/2012, 27 August 2012. Viewed at: 
http://www.cofetel.gob.mx/work/models/Cofetel_2008/Resource/13089/ITEL_Segundo_Trimestre_2012.pdf . WT/TPR/S/279/Rev.1 • Mexico 
 
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  subscription is the most expensive in the OE CD area for connection speeds of between 2.5 
and 15 Mbps.181 
4.210.  According to OECD calculations, betw een 2005 and 2009 the high prices of telecom 
services in Mexico caused consumer welfare losses, estimated on a purchasing-power-parity (PPP) 
basis, of US$25,835 million.182 This includes both the excessive prices invoiced as well the 
subscriptions not obtained, but excludes issues relating to connection speeds. The authorities pointed out that the rates charged to users of the various telecom services had fallen in real terms 
during the period analysed: by 57% for mobile local telephony; 41% for long-distance telephony 
and broadband Internet; 36% for commercial fixed-line local phone services; 30% for residential fixed-line phone services; and by 11% for subscription television. 
4.211.  As a result of the privatization of Teléfonos de México (TELMEX) in 1990, a concession was 
granted until March 2026 to operate the new private entity, giving exclusive rights to supply 
national and international long distance services (LDN and LDI, respectively) until 1997. For the remainder of voice, text, data, audio and video transmission services, the entry of new operators 
was immediately authorized. In addition, separate accounting was established for local and 
long-distance calls, to eliminate cross subsidies; and operating rules were specified for interconnection agreements between operators (see below). 
4.212.  Currently there are 25 companies providing local fixed-line telephony services, 
62 suppliers of long-distance (LD) phone services, four mobile telephony operators with national coverage holding a total of 84 regional licences, and 23 satellite service providers.
183 According to 
the national government, between 2007 and J une 2012, 14 new concessions were awarded to 
install, operate and commercialize public telecommunications networks for local phone services. 
With the concession awarded in the first half of 2012, this made a total of 76 public telecommunications concessions providing the triple-play  service.
184 
4.213.  In general terms, although some of the telecom subsectors have been gradually opened 
up, others are still highly concentrated. For example TELMEX (América Móvil) controls 72.4% of the fixed telephony market, while the second largest operator, Axtel, has barely an 8.2%. share. 
In mobile telephony, Telcel has 69.8% of all users, compared to Telefónica Movistar's 20% 
(June 2012 figures). América Móvil recently raised its stake in Telcel to 92.8%.
185 Although in 
February 2012 the Federal Competition Commissio n blocked an attempt by Grupo Televisa to 
purchase a 50% holding in Mexico's fourth national mobile operator, Iusacell, the acquisition was 
subsequently approved, albeit subject to conditions  since over 50% of Internet services in Mexico 
are provided by América Móvil. In recent years, the leading cable TV operators have tended to consolidate; after taking over Cablevisión, Cablem ás and TVI, Grupo Televisa now controls 52% of 
the subscription television market. The remainder of the market is shared between a 
direct-to-home (DTH) satellite service provider, Dish, and other smaller operators.
186 The number 
of subscribers to the subscription television  service more than doubled from 6 million 
to 12.3 million. 
4.214.  The free-to-air television service in Mexico is essentially provided by two groups of 
operators: Grupo Televisa, which controls 68% of the market, and Televisión Azteca, owned 
by Grupo Salinas, which serves virtually all of the rest. In June 2012, COFETEL announced its 
approval of the programme of television service broadcasting frequency concessions, under which 
the first public tender for free-to-air television signals in Mexico's history will be held. The programme includes the frequencies needed for two 6MHz transmission channels to be 
operated through terrestrial digital television (TDT ), which has coverage potential to reach 93% of 
the population, with the aim of promoting competition and fostering content diversity.
187 
                                               
181 OECD (2011b). 
182 OECD (2011b). 
183 OECD (2011b), and online information from COFETEL, viewed at: 
http://www.cofetel.gob.mx/es_mx/Cofetel_2008/Cofe_quienes_conforman_la_industria . 
184 Office of the President of the Republic (2012). 
185 Economist Intelligence Unit (2012a). 
186 OECD (2011b),f. 
187 COFETEL Press Briefing 22/2012, 6 June 2012. Viewed at: http://cft.portaldesarrollo.com/wp-
content/uploads/2012/06/Comunicado-TV-RADIO-CMI-06-06-12-1.pdf . WT/TPR/S/279/Rev.1 • Mexico 
 
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  4.5.2.2  Institutional and regulatory framework 
4.215.  Under the General Agreement on Trade in Services (GATS), Mexico adopted specific 
commitments with respect to all telecommunications services covered by the Agreement, except for broadcasting, cable television, DHT and DBS sa tellite transmission, and digital audio services. 
Market access provisions were bound in accordance with the basic principles of the Mexican 
Federal Telecommunications Law of 1995 (see below). With regard to national treatment, Mexico has bound all services without restriction in three of the four supply modes (cross-border trade, 
consumption abroad and commercial presence), but not for the presence of natural persons.
188 
Mexico has adopted the Fourth Protocol annexed to the GATS, as well as the Reference Paper 
annexed to the Telecommunications Protocol. 
4.216.  The key legal instrument for the telecommunications sector in Mexico is the Federal 
Telecommunications Law (LFT), which was published in 1995 and has been amended several times 
since; the most recent amendment was publishe d in the Official Journal of 17 April 2012. The 
Federal Radio and Television Law, published in the Official Journal of 9 April 2012 regulates the 
broadcasting service. Other relevant laws and regulations include the 1940 General Law on 
Transport and Communications, the 1990 Telecomm unications Regulations, and the regulations 
and resolutions issued by the Ministry of Communi cations and Transport (SCT) and that ministry's 
decentralized body, the Federal Telecommunications Commission (COFETEL).189 The latter include 
rules governing the local service (1997), inte rnational telecommunications (2004) and the 
long-distance service (1996), as well as the Satellite Communications Regulations (1997) and the regulations governing the subscription television service.
190 
4.217.  After the Federal Telecommunications Law was passed in 1996, COFETEL was created as 
the SCT's decentralized administrative body, with technical, spending and management autonomy. Its main functions include: issuing administrative orders in relation to telecommunications; 
conducting studies and research on telecom matters; issuing opinions on requests for the award, 
amendment, extension and assignment of concession titles and permits; submitting the programme of radio-electric spectrum frequency band allocations for approval by the SCT; 
coordinating bidding procedures for the use of geo-stationary orbital positions and satellite orbits 
allocated to Mexico; maintaining the telecommunications register (concession titles, tariffs, etc.); promoting and overseeing interconnection agreements, as well as defining conditions not contractually agreed upon and the provisions of concession titles; and proposing to the SCT the 
imposition of penalties for infringement of the law or administrative regulations.
191 COFETEL is the 
country's sole broadcasting authority. From February 2009 to September 2012, the SCT has received 702 penalty proposals from COFETEL. 
4.218.  The SCT is responsible for issuing general policies for the telecommunications sector, and 
for drafting legislative proposals, granting concessions and permits for the provision of telecommunications and broadcasting services (subject to the technical opinion of COFETEL), and 
imposing penalties on enterprises that infringe th e regulations. It has been argued that although 
the LFT and its successive amendments give wide-ranging powers to these two entities, the demarcation of authority is not entirely clear, an d its exercise has been blocked by the incumbent 
firms (TELMEX in the fixed line segment and Telcel in mobile telephony) through the use of legal 
injunctions.
192 Similarly, COFETEL has pointed out that, in its regulatory capacity, it cannot always 
anticipate the legal strategies the entities under its authority will adopt in response to its decisions; and it has described the sector as "highly litigious".
193 On this point, the authorities 
                                               
188 WTO document GATS/SC/56 of 15 April 1994, and its supplements. 
189 The most recent reform of the General Means of Communications Law was pu blished in the Official 
Journal of 9 April 2012. The Telecommunications Regulati on was published in the in the Official Journal of 
29 October 1990. 
190 Online information from COFETEL. Viewed at: 
http://www.cofetel.gob.mx/wb2/COFETEL/COFE_Reglamento_reglas_y_planes_1 . 
191 Article 9 of the Federal Telecommunications Law,  which was added in the reform published in the 
Official Journal of 11 April 2006. 
192 OECD (2011b). 
193 COFETEL (2011b). WT/TPR/S/279/Rev.1 • Mexico 
 
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  noted that the reforms to the LFT and the various co urt rulings that have been issued over the last 
few years have aimed to reduce the need for litigation and provide greater legal certainty.194 
4.219.  Following a reform of the Federal Economic Competition Law issued in May 2011195, the 
Federal Competition Commission (CFC), which has jurisdiction over the telecom sector, now has 
greater powers to investigate and sanction anti-competitive practices in the sector. Under the LFT, 
COFETEL can impose obligations on prices, service quality and information incorporating social criteria and international standards, on the concession holders of public telecommunications 
networks that have been declared as holding substantial power in the relevant market, pursuant to 
the Economic Competition Law. Under the LFT, a co ncession must be obtained to use a frequency 
band; operate public telecommunications networks; make commercial use of radio and television channels; provide satellite services (including through ground stations); occupy geostationary 
orbital positions and satellite orbits allocated to Mexico; and exploit signal transmission and 
reception rights for frequency bands associated with foreign satellite systems that may cover or provide services in Mexican territory. Concessions can only be granted to natural or legal persons 
of Mexican nationality; and foreign ownership of the relevant companies is limited to 49%, with 
the exception of mobile phone services, where foreign investors may acquire a larger equity stake with approval from the National Foreign Investment Commission. 
4.220.  The 2006 reform of the LFT eliminated  the permit requirement and the nationality 
restriction for the installation and provision of special telecommunications services, such as value-added services, since when it has only been necessary to register with the SCT. However, a 
permit is still required to establish and operate ground transmitter stations and market 
telecommunication services other than through a public network. 
4.221.  Frequency bands for specific uses are awarded through competitive tenders for a term of 
up to 20 years, which can be extended for equal periods subject to an SCT analysis of compliance 
and efficient use of the radio-electric spectrum. Public telecom networks are awarded on the basis 
of an analysis of stakeholder applications and for a term of up to 30 years, which may be extended 
for periods equal to those originally established, at the SCT's discretion. Extensions to frequency 
band permits are granted subject to a prior technical opinion issued by COFETEL, the payment of 
the fee authorized by the SHCP, and acceptance of the relevant conditions established by the SCT. 
4.222.  Number portability was officially established in July 2008 to allow users to change their 
fixed or mobile telephony operator without losing their phone number, thus enabling them to 
choose the operator best suited their needs in terms of quality, diversity and price. 
As of 30 September 2012, a total of 6,613,424  telephone numbers had been transferred, 
of which 80.2% correspond to the prepaid mobile telephony service, 2.6% to the post-paid mobile 
service and 17.2% to the fixed-line service. Th e greatest growth in number portability has 
occurred in the mobile telephony service, particul arly prepaid, given that  mobile lines outnumber 
fixed lines by roughly 4.8 times.
196 
4.223.  While the LFT allows concession-holders to set prices for the telecommunications services 
they provide, they must register those prices with  COFETEL before they enter into force, and avoid 
granting cross-subsidies to services provided in a competitive market. In the case of TELMEX, its concession agreement establishes a price regula tion system whereby COFETEL sets four-yearly 
parameters applicable to the basket of controlled services (basic local telephony, national and 
international LD), based on a cost study submitted by the firm, which must not include the cost of 
non-regulated services. In the event of disagreem ent, a panel of three experts (one of whom 
                                               
194 The authorities stressed the importance of the fo llowing court rulings in particular: (i) Writ of 
Non-Constitutionality 26/2006, which gave rise to 33 jurisp rudence rulings and seven isolated rulings, resulting 
in very important amendments to the sector regulation s based on the reform of the LFT and LFRT in 2006, 
which adopt international recommendations on the indepe ndence of the regulatory body; (ii) Constitutional 
Case 7/2009 (giving rise to at least 10 jurisprudence ruli ngs and one important isolated ruling), resolving the 
following issues: exclusive authority for COFETEL on broa dcasting activities, as well as the authority of the 
ministry and non-delegable powers of the Minister; (iii) Overturning of prev ious ruling (Interconnection, Halting 
of Suspension) 268/2010, ruling that CO FETEL could not order the suspension of interconnection, owing to the 
public interest; (iv) Amparo  injunction (Interconnection , Appeal for Administrative Review) ruling that the 
competent authority to hear appeals to review COFETEL plenary decisions is the plenary itself. 
195 The most recent reform was published in  the Official Journal of 9 April 2012. 
196 Figures published by the Market  Statistics Department, COFETEL: 
http://www.cft.gob.mx/es_mx/Cofetel_2008/estadisticas_de_portabilidad . WT/TPR/S/279/Rev.1 • Mexico 
 
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  appointed by TELMEX, another by the SCT and the third by common agreement) is asked to issue 
a non-binding opinion. The most recent review of the system of ceiling prices applicable to the basket of regulated services provided by Telé fonos de México was approved by COFETEL in 
July 2012 for the period 2011-2014, albeit with delays caused by litigation being pursued by 
TELMEX and TELNOR.
197 In August 2012, following various lawsuits, COFETEL recommended the 
parameters of the ceiling prices system to the SCT. In September 2012, those parameters were 
notified to TELMEX, to enable it to submit a pricing proposal accordingly. 
4.224.  As Mexican legislation does not yet require subscriber loop unbundling (see below) and the 
prices of Internet access services are not regula ted by COFETEL, a company that has power in the 
local telephony market could offer Internet services at prices that undercut its competitors. In fact TELMEX has a 64.9% market share in the provision of fixed line broadband services, which it offers 
in a bundle with fixed telephony. Nonetheless, the authorization given to cable television firms to 
enter the broadband market has stimulated the growth of subscriptions and enhanced competition.
198 
4.225.  The LFT authorizes COFETEL to specify obligations on prices, service quality and 
information, for concession holders with substantial power in a given market, pursuant to the Federal Economic Competition Law. In fact the CFC has identified a group of suppliers as operators 
with substantial power in the origination, termination, local transit, dedicated lines and mobile 
telephony markets. On 23 April 2012, COFETEL published specific obligations in the Official Journal applicable to operators with substantial power in the wholesale markets for leasing local dedicated lines, national long-distance (LD), international long distance (LDI) and interconnection services, 
having fulfilled the regulatory improvement process called for in the Federal Administrative 
Procedures Law.
199 
4.226.  Since 2006, the mobile long-distance phone service has been regulated under the "national 
calling party pays" scheme, whereby concession-holders providing the service must make 
interconnection contracts to ensure that the charge for airtime on a long-distance call that terminates in a mobile network should be paid by the party making the call.
200 Between 2005 and 
2010, this regulation led to the filing of 19 lawsuits ( amparo  injunctions, annulment rulings, or 
appeals for review), of which 13 were dismissed.201 
4.227.  The interconnection and interoperability of telecom networks in Mexico is regulated by 
Article 42 of the LFT and by the concession titles  and various regulations issued by the SCT and 
COFETEL. Public telecom network concessionaires mu st adopt architecture designs that provide for 
network interconnection, and this means negotiating interconnection agreements. In principle, such agreements do not need COFETEL approval, although they must be registered with it. 
Negotiations have to be completed within 60 days from moment one of the parties requests them. 
If an agreement cannot be reached in this period, the parties can ask COFETEL to rule on the outstanding issues, including interconnection rates. For example, in November 2011, TELCEL 
reached an agreement with its competitors to lower interconnection rates until 2014. 
4.228.  Between 2007 and 2010, COFETEL mediated 35 interconnection agreements
202, 
including two in 2008 (between Axtel and Telcel, an d Telefónica and Iusacell) which contributed to 
a price cut of about 50%.203 In 2011 COFETEL issued 31 rulings in relation to 46 applications 
concerning interconnection disputes. It set an interconnection charge of Mex$0.3912 per minute 
for calls to mobile users under the "calling-party pays" modality, which is 56% below the 2010 rate. It also set interconnection rates by inter-urba n hierarchy levels in fixed-line networks on the 
order of Mex$0.03951 per minute, a 59% reduction on the 2010 rate; and a rate applicable to 
traffic entering at an interconnection point (which requires additional transmission facilities) 
                                               
197 Office of the President of the Republic (2011a). 
198 COFETEL Press Release 27/2012, 11 July 2012. Viewed at: http://cft.portaldesarrollo.com/wp-
content/uploads/2012/07/Pleno-de-Cofetel-aprueba-par %C3%A1metros-del-sistema-de-precios-tope-para-
servicios-b%C3%A1sicos-de-Tel%C3%A9fonos -de-M%C3%A9xico-Com unicado-27-2012.pdf . 
199 Final decision viewed at: http://www.sct.gob.mx/uploads/media/Acuerdo_mediante_ 
el_cual_el_pleno_de_la_CFT_establece_obligacione s_especificas_relacionadas_con_tarifas_23_abr_13.pdf . 
200 OECD (2011b). 
201 OECD (2011b). 
202 Online information from COFETEL, Informes de labores: 2007, 2008, 2009 y 2010 . Viewed at: 
http://www.cofetel.gob.mx/es/Cofetel_2008/informes_de_labores . 
203 OECD (2011b). WT/TPR/S/279/Rev.1 • Mexico 
 
- 157 - 
  of Mex$0.04530 per minute of interconnection - 70% off the 2010 price. The rate applicable to the 
transit service was set at Mex$0.01904, 12% less than in 2010. A Supreme Court ruling deemed the interconnection rates established by COFETEL to be of public interest, so their immediate application cannot be suspended as a result of amparo  injunctions.
204 
4.229.  To improve interconnection conditions, in 2009 COFETEL published its Basic Technical 
Interconnection and Interoperability Plan (PTFII), which regulates the interconnection articles of the LFT. With the aim of lowering fixed and mobile interconnection rates, in April 2011 COFETEL 
published guidelines for developing cost models for use in determining interconnection rates, and 
these have been posted on its Internet site.
205 
4.230.  Discriminatory practices in the applicat ion of charges or any other interconnection 
conditions are prohibited, as was confirmed by a CFC ruling relating to a case between TELCEL and 
other service providers (see below). Also, in June 2012, the draft Framework Agreement on 
Interconnection for Fixed Telecommunications Services (CMIX) was approved, which in practice represents a public interconnection offering under more competitive conditions for other operators. 
The process of regulatory improvement of the dr aft law, being undertaken with COFEMER, began 
on 22 June 2012; and COFEMER issued an interim ruling on 24 August of that year. 
4.231.  Mexican legislation does not require operators with a dominant position to unbundle the 
subscriber loop for another concessionaire seekin g access. According to COFETEL, the problem of 
access to basic infrastructures is being studied (in the light of the various international experiences on the subject), with a view to gauging the advi sability of amending the current framework to 
stimulate competition.
206 In the context of this review, and with respect to loop unbundling, the 
authorities considered that although it is not provided for in the law, this has been happening in 
practice since 2012. They also noted that Mexico considers the loop unbundling policy to be suboptimal since it discourages investment. 
4.232.  A priority issue for the regulator, in line with OECD recommendations, is to reduce the 
number of local service areas, which currently  number 397. A reduction would produce price 
benefits for final users (particularl y in outlying districts) and would make it easier for new suppliers 
to enter the market without having national coverage. Initiatives in this regard have been held up 
by the filing of amparo  injunctions.
207 
4.233.  In 2012, an official amendment was made to the policy of adopting terrestrial digital 
television, the original draft of which dated back  to 2004. Among other provisions, a new timetable 
was defined for the transition, which will occur gradually and according to the level of penetration 
achieved, so as to guarantee television services throughout the country before analogue transmissions are closed down.
208 
4.234.  During the review period, the federal government implemented specific policies to 
guarantee access and expand the coverage of telecom services, as well as to generation greater infrastructure, and make services more efficient. Box 4.1 summarizes the policies and actions 
undertaken in the telecommunications area in the period 2007-2012. 
                                               
204 COFETEL (2011b). 
205 "Resolution whereby the plenary of the Federal Telecommunications Commission issues guidelines for 
developing the cost models it wi ll apply to resolve, under the te rms of Article 42 of the Federal 
Telecommunications Law, disputes ov er the rates chargeable for the prov ision of interconnection services 
between concessionaires of public telecommunication networks," published in the Official Journal of 
12 April 2011. The main guidelines incl ude the use of: (a) the total long-term incremental cost methodology for 
allocating costs; (b) ascendant or engineering models fo r cost estimation; (c) the economic approach in cost 
models, and economic depreciation to amortize the assets; (d) proven most efficient technologies; and (e) the weighted average capital cost method ology for calculating capital costs. 
206 OECD (2011b); COFETEL (2011b).  
207 OECD (2011b); COFETEL (2011b). 
208 COFETEL (2012). WT/TPR/S/279/Rev.1 • Mexico 
 
- 158 - 
  Box 4.1 Main actions undertaken in the telecommunications area in the period 
2007-2012  
Fibre-optic tender. Tender for a dark fibre optic pa ir by the Federal Electricity Commission (CFE), 
to become a third nationwide trunk network for mass transmission of data, voice and video.  
Radio-electric spectrum tender. Availability ex panded: tender for 30 MHz of 1.9 GHz bandwidth 
and 90 MHz in the 1.7 GHz band, although only 60 MHz was awarded. This resulted in greater 
bandwidth availability, and a new national mobile services operator. 
Growth of the e-México system: National Fibre-Optic Backbone (NIBA network); state networks for 
education, health and government; social connectivity and digital inclusion through satellite 
networks. 
New satellite system: In 2010, contracts were signed for the construction and placement in orbit of 
a high technology high-capacity satellite system (two satellites for mobile services and one for 
fixed-line services). 
Actions to strengthen broadband and information te chnologies, to reduce market gaps in access 
and ownership 
Use of some 6,400 federal government buildings to install telecom infrastructure (towers, aerials, 
pops, etc.), and to promote the deployment of broadband infrastructure and reduce operating 
costs. 
Installation of tri-ducts for fibre optics on fe deral highways, to promote the development of 
high-capacity telecommunications networks. 
Agenda Digital: Programme designed to complement specific actions to promote the development 
of infrastructure to achieve universal access to broadband Internet services, and to promote 
information and communication technologies emphasizing competitiveness, equity and social 
inclusion; quality and coverage of education and health services; and more and better-quality 
government services. 
CompuApoyo: Programme launched to enable low-income population groups to acquire computers 
at preferential prices and conditions, which include a broadband Internet service also at 
preferential rates. 
Source: Government of Mexico. 
4.235.  The Basic Technical Plan for Local Mobile Service Quality, published in the Official Journal 
of 30 August 2011, lays foundations for the local mobile service to be provided throughout the 
country under the best quality conditions, for the benefit of users. The plan defines quality indicators and their respective formulations and compliance levels, with the aim of making field measurements and comparatively evaluating the qu ality of telephony, short message and Internet 
access services. The plan strengthens COFETEL supervision activities, and transitions from a model 
in which the measurement and information come exclusively from the mobile operators networks towards a model based on measurements by COFETEL, thus promoting a more representative 
vision of user perceptions of the quality of th ese services. To perform the field measurements 
under the aforementioned plan, the methodology for the respective measurements was published on 27 June 2012. 
4.236.  In the framework of the North American Free Trade Agreement (NAFTA), and with the aim 
of facilitating trade between the countries involved, the Mexican government signed a mutual recognition agreement (MRA) for the evaluation of compliance by telecommunications equipment 
with the United States, and another similar agreement with Canada, on 26 May 
and 12 November 2011, respectively. The first of  these was published in the Official Journal 
of 28 July 2011, and the second on 28 May 2012. The agreements provide for the development of 
a confidence-building plan lasting up to 18 months, with various activities such as meetings to 
review technical requirements and implementation issues, facilitate technical cooperation, identify 
training courses and seminars, and promote opportunities to observe the evaluation of a testing laboratory performed by a designating authority or  accreditation organization of the counterparty. WT/TPR/S/279/Rev.1 • Mexico 
 
- 159 - 
  4.237.  The CFC has conducted investigations into various anti-competitive practices in the 
telecommunications area209, resulting in pecuniary penalties. For example, in June 2011 
(CFC case 07-2011) it fined TELMEX Mex$91.5 million for refusing the interconnection service to Grupo de Telecomunicaciones Mexicanas (GTM ), over a seven-month period between 2007 
and 2008, thereby substantially obstructing the latter's access to the telephony market.
210 TELMEX 
filed an appeal for reconsideration, and the CFC upheld its decision but reduced the fine to Mex$82 million.
211 
4.238.  Another important case investigated by the CFC during the review period concerned 
monopoly practices in the mobile telephony market. In 2006 and 2007, various public telecom network concessionaires (Axtel, Alestra, Marcat el, Megacable, Protel and Telefónica) accused 
Radiomóvil Dipsa S.A. de C.V. (Telcel) of usin g monopoly practices by charging its competitors 
artificially high rates for calls terminating in its network. On 29 November 2006 the CFC launched 
an investigation (DE-037-2006) into the termination of local calls in Telcel's mobile public telecommunications network, and ruled that the firm had substantial power in the relevant market. 
The investigation found that Telcel was increasing its competitors' costs by imposing an 
interconnection fee above what it charged itself on calls between users of its own network and, even higher than the final prices charged to its own users. As a result, on April 2011, the CFC 
ruled that Telcel had committed a relative monopoly practice, ordered it to desist from its conduct 
and imposed a fine of Mex$11.9 billion. Tecel lodged an appeal for reconsideration, on which CFC ruled in March 2012 confirming Telcel's dominance in mobile call termination.
212 Nonetheless, 
in May 2012, and following negotiated agreements, Telcel accepted price commitments, and 
undertook to lower its rates.213 In May 2012, Telcel announced that the CFC had cancelled the fine 
of Mex$11,989 million imposed in April 2011 for alleged monopoly practices.214 
4.239.  Following a process of consultation and dispute settlement in the WTO initiated by the 
United States in 2000, the two countries agreed that Mexico would implement a number of 
recommendations concerning the negotiation of international interconnection contracts. As a result, the resale of the LDI service has been allowed since 2005. However, it still does not allow 
operators to provide the service by leasing private networks such that the traffic is routed through 
unauthorized international gateways (international simple resale); nor does it allow the deliberate reversal of the direction of ILD traffic (known as call back ).
215 
4.5.3  Air transport and airports 
4.5.3.1  Main features 
4.240.  Although the number of international te rminals in Mexico's airport network increased 
between 2007 and 2011, the number of nation al airports declined. In 2011, Mexico 
                                               
209 Other cases have been closed however; e.g. the in vestigation into monopoly practices relating to the 
broadband 16 Internet service . In this case, in August 2006, Grupo de Telecomunicaciones Mexicanas, S.A. de 
C.V. (GTM) filed a complaint against Teléfonos de México , S.A.B. de C.V. (TELMEX) an d one of its subsidiaries, 
Teléfonos del Noreste, S.A. de C.V. (Telnor), alleging relative monopoly practices.  GTM argued that TELMEX 
and Telnor had made the sale of the broadband Inte rnet service, known under the commercial name of 
"Infinitum", subject to contracting the fixed local telephony service (tied sales). Following the investigation, the CFC ruled in 2011 that TELMEX conduct was not the source  of its substantial power and did not impose greater 
entry barriers to agents wishing to enter the market. It therefore concluded that TELMEX did not prevent other 
agents from reaching their minimum e fficient scale to re main in the related market . For that reason, the CFC 
decided to close investigation. See: CFC (2012b). 
210 In its decision, the CNC, while recognizing that  TELMEX was a persistent  offender in relative 
monopoly practices of this type, im posed substantially lower fines than the maximum allowed by the law for 
cases of reoffending, on the grounds that the practice  was limited to one firm and lasted a short time. The 
maximum fine allowed by the law in force until before the reforms published on 10 May 2011, was the higher of twice the normal fine, 10% of annual sales or 10% of the firm's assets. See CFC (2011) Impone la CFC 
Multa de 91.5 millones de pesos a TELMEX por Negar Interconexión . Viewed at: 
http://www.cfc.gob.mx/cfcresoluciones/Docs/UPVAI/V1/2/1478299.pdf . 
211 CFC (2012b). 
212 CFC (2012a). 
213 CFC (2012c). 
214 Communication sent to the Mexican Stock Exchange, Viewed at: 
http://www.americamovil.com/amx/en/cm/news/2012/RevocacionMultaCOFECOEn.pdf . 
215 "Resolution whereby COFETEL alters the rules of international telecommunications" published in the 
Official Journal of 5 April 2005. WT/TPR/S/279/Rev.1 • Mexico 
 
- 160 - 
  had 64 international airports (five more than at the start of the review period) and 12 national 
airports (15 less than at the start of the period), as well as 1,385 aerodromes. A total of 52.4 million passengers were transported in 20 11, up by 3.8% on the previous year, but down 
by 5.6% compared to the 2007 figure. The volume of cargo transported rose by 2.3% 
between 2007 and 2011, and by 1.8% with respect to 2010, totalling roughly 651,000 tonnes 
in 2011.
216 
4.241.  Public and private investment in airport infrastructure amounted to Mex$3,909 million 
(US$279 million) in 2011, 16% less than in 2010 but nearly 27% above the 2007 figure. 
An average of close to Mex$4 billion (about US$312 million) was invested per year during the review period, with the private sector contributing 54% of this.
217 According to the 
Competitiveness Reports published by the World Economic Forum, Mexico's airport infrastructure 
improved slightly during the review period, scoring 4.8 points in 2012, compared to 4.7 in 2006.218 
4.242.  Since 1998, four regional airport groups have been operating 35 Mexican airports under 
state concession. Three of them are controlled by private investors: Grupo Aeroportuario del 
Centro Norte OMA, with 13 terminals, Grupo Aero portuario del Pacífico, with 12; and Aeropuertos 
del Sureste, with nine airports. The remaining airport, the Mexico City International Airport, is a parastatal firm majority-owned by the federal government. A decentralized federal government 
body, Aeropuertos y Servicios Auxiliares (ASA), which has legal status and its own capital, 
currently operates, manages, and build airports, supplies fuel, and provides other technical, research, and consulting services . In addition to operating 19 airports on its own account, ASA has 
a minority stake in a further four through partnerships with government and private agencies, and 
it also operates 61 aviation-fuel supply facilities.
219 
4.243.  In 2011, 10 commercial airlines were operating in Mexico, of which seven transported 
passengers on domestic routes, six carried passengers on international routes, and 10 transported 
cargo. Of the latter, three transported cargo exclusively, while the other seven transported 
passengers, cargo, and mail. The three categories have all seen reductions in the number of operators since 2007, following the suspension of operations by at least five companies.
220 
Mexicana de Aviación suspended operations in August 2010, five years after the Mexican State had 
sold its stake in the company following a CFC resolution.221 The firm, now controlled by a local 
investor group, reported that it is currently evaluating capitalization proposals.222 Since 2007, 
Aeroméxico has also been controlled by private investors, thereby ending participation by the 
international aviation consortium (Grupo Cintra), a state agency that controlled both Mexicana and 
Aeroméxico in the early 2000s.223 
4.244.  Since the liberalization of the domestic airline market, including the privatizations 
mentioned above, competition has increased considerably in the sector. The duopoly formed by 
Aeroméxico and Mexicana de Aviación, under the Grupo Cintra corporate structure, accounted for 77% of Mexico's passenger transport market in 2000 when their subsidiaries are included.
224 
In contrast, in the first half of 2012, Aeroméxico was market leader with a share of around 43.7%, 
                                               
216 Directorate-General of Civil Aviation, SCT (2012). 
217 Office of the President of the Republic (2012). Based on data supplied by the Ministry of 
Communications and Transport. Viewed at: http://www.informe.gob.mx/informe . 
218 The scale used ranges from a minimum of 1 to an ideal scor e of 7. Report viewed at: 
http://reports.weforum.org/global-competitiveness-report-2012-2013 . 
219 Online information from ASA. Viewed at: http://www.asa.gob.mx/es/ASA/Acerca_de_ASA . 
220 Aerolíneas Mesoamericanas (ALMA), Aerocalifornia and Avolar in 2008; Aviacsa in 2009; Mexicana de 
Aviación and its subsidiaries Aerovías Caribe (Click), and Mexicana Link in 2010. Information viewed at: http://www.sct.gob.mx/fileadmin/DireccionesGrales/DGAC/04%20Estadisticas 
%202012/01%20Aviacion%20M exicana/AVMC%202011.pdf . 
221 CFC decision on the Cintra case of 2000. Information viewed at the CFC Internet portal: 
http://www.cfc.gob.m x/docs/pdf/de-35-99.pdf . 
222 Mexicana corporate website. Viewed at: http://mexicanainforma.com . 
223 Aeroméxico (2012). 
224 WTO Secretariat calculations on the basis of SCT statistics, viewed at: http://dgac. 
sct.gob.mx/index.php?id=477. WT/TPR/S/279/Rev.1 • Mexico 
 
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  followed by the low-cost airlines Interjet (21. 1%) and Volaris (20.6%). The remaining 15% of the 
market was shared between three other firms.225 
4.245.  An analysis by Grupo Aeroméxico found that Mexico's airline sector has plenty of room for 
development: firstly, given the country's macroeconomic and demographic projections, with a 
younger population than other countries and a larger proportion of the population moving into the 
middle class. Secondly, the market is relatively underdeveloped compared to other more mature markets: while Mexicans take 0.6 flights per year on average, Europeans fly 1.4 times and 
Americans, 2.4 times.
226 
4.5.3.2  Regulatory framework 4.246.  The Ministry of Communications and Tran sport (SCT) serves as regulator of the air 
transport sector and has responsibility for pla nning and implementing policies and programmes for 
domestic airport development, granting concessions for operating air transport and airport 
services. Its Directorate-General of Civil Aviation handles applications for concessions, issues air 
transport and civil airfield permits and authorizations and proposes official standards. Other state 
agencies involved in the sector include Mexican Air Space Navigation Services (SENEAM), which 
provides air control and navigation services, and ASA, which is responsible for operating, 
managing and maintaining state-controlled airports. 
4.247.  In the GATS framework, Mexico only undertook commitments for certain air transport 
support services. 
4.248.  The 1995 Civil Aviation Law and its Regulations of 1998, together with the Airports Law 
of 1995 and its Regulations of 2000, are the main legal instruments regulating the air transport 
sector in Mexico. While the first of these laws has not been modified since the previous Review
227, 
the Airports Law was amended in 2009 (see below). More recently, the Senate of the Republic passed a new reform bill containing various amendments to the law and sent it to the Chamber of 
Deputies.
228 The amendment of certain articles of the Civil Aviation Law is currently being reviewed 
by the Transport Commission of the Chamber of Deputies for its approval. 
4.249.  The provisions of the Airports Law and its regulations define a general regime for awarding 
airport concessions in Mexico, aimed at modernizing and expanding airport infrastructure 
throughout the country with private-sector participation. Since the law entered into force, private investors have been allowed to build, manage, operate, and commercially run airport terminals. The concessions have an initial period of 50 years and can be extended one or more times for 
identical periods, provided safety and investme nt and other requirements have been fulfilled.
229 
4.250.  The legislation envisages three service cate gories within overall airport activity: airport 
services, ancillary services and commercial services.230 In all three categories, concessionaires can 
provide services either directly or through third parties, provided the latter are companies set up in 
Mexico. The Constitution requires air navigation services to be provided solely and exclusively by the State, through SENEAM. 
4.251.  Foreign investors may hold up to 49% of total equity in companies holding concessions or 
permits to provide public aerodrome services. To hold larger stakes, the National Foreign Investment Commission must issue a favourable ruling, pursuant to the Foreign Investment Law. As established in Article 19 of the Airports Law,  amended in January 2009, authorization of that 
type is granted whenever the investment pr omotes the development of technology and 
                                               
225 Includes scheduled dome stic and international services. Online  information from the SCT viewed at: 
http://www.sct.gob.mx/fileadmin/DireccionesGrales/DGAC/04%20Estadisticas%202012/Productos%20Jul_12/
Resumen_2012_JULIO.xlsx . 
226 Aeroméxico (2012). 
227 The most recent amendments to the Civil Aviation Law and its regulations were published in the 
Official Journal of 5 July 2006 and 24 June 2004, respectively. 
228 Online information from the Sena te of the Republic. Viewed at: http://www.senado.gob.mx/?ver= 
sp&mn=2&sm=2&id=33504 . 
229 The most recent amendments to the Airports Law and its regulations were pu blished in the Official 
Journal of 21 January 2009 and 9 September 2003, respectively. 
230 The respective definitions are contained in Article 48 of the Airports Law of 1995. WT/TPR/S/279/Rev.1 • Mexico 
 
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  infrastructure at the regional level, and protects the environment and national sovereignty. As of 
late 2011, no authorization to invest more than 49% had been granted. 
4.252.  Fees for airport and ancillary services must be registered with the SCT. Thirty days before 
the application of such fees, concession holders must file the corresponding application, 
and the SCT may request additional information, reject the registration within ten working days, or 
else accept the registration within 15 working da ys. Provided they do not exceed the registered 
rates, concession holders are authorized to set fees at their discretion. At the same time, the SCT 
has the power to regulate the fees of those services, requesting a prior opinion from the CFC as to 
the existence of reasonable conditions of competition in service provision. The SCT may act on its own initiative or at the request of the affected party. 
4.253.  Pursuant to the Civil Aviation Law and its Regulations, the provision of scheduled public air 
transport services on domestic routes for passengers, cargo and mail (cabotage) requires a 
concession granted by the SCT, which is reserved for firms (legal persons) that are at least 75% 
Mexican-owned. Article 7 of the Foreign Investment Law allows foreign firms to hold up to 25% of 
the capital (see Chapter 2.4).
231 Once the concession has been obtained, the firms may apply for 
permits to operate scheduled services on international routes.232 
4.254.  Non-scheduled domestic and international services (not restricted to specific routes or 
schedules) can be provided by Mexican and foreign firms that have obtained the corresponding 
operating permit. Scheduled international services can be provided by national concession-holders and by foreign permit-holding companies, subject to the provisions of international treaties signed for these purposes with the destination countries; or otherwise, in both cases, under unilateral 
authorizations subject to certain terms and conditions.
233 Lastly, unscheduled international 
services are open to firms of any origin, whereas private commercial air transport services can be 
provided by Mexican or foreign persons or  firms, subject to obtaining a permit. 
4.255.  The Civil Aviation Law authorizes operators to set the prices for the air transport services 
they provide, provided conditions of quality, competitiveness, safety, and permanency are fulfilled. International tariffs require explicit approval from the SCT, pursuant to the provisions of current 
international treaties. As in the case of airport se rvices, all tariffs must be registered with the SCT 
before they are applied. The organization may accept  their registration or reject them, or else set 
minimum or maximum rates to promote competition. 
4.256.  Since 2007, Mexico has signed seven new bilateral agreements on civil aviation with 
Uruguay, Jamaica, the European Union, India, Australia, Paraguay and the United Arab Emirates. 
In total, 46 agreements have been signed, 12 of them with Asian countries, 19 with countries of the Americas and the Caribbean, and 15 with European countries. The authorities noted that these 
bilateral agreements have been negotiated on the basis of strict reciprocity and with the aim of 
establishing a regulatory framework that gives the airlines of both Mexico and those countries the 
flexibility to establish direct flights between them . In addition to the aforementioned agreements, 
frequency restrictions between Mexico and Brazil have also been lifted, except in relation to the 
São Paulo and Mexico City airports, although the authorities clarified that this is not an open-skies agreement.
234 Current legislation does not allow agreements establishing full liberalization of the 
air transport sector. This was confirmed during the current review by the Mexican authorities, who 
stressed that Mexican aeronautical policy is not open-skies; and that if international treaties are 
being made more flexible, this is to satisfy existing demand. 
                                               
231 Article 7 (II) Foreign Investment Law, the most  recent amendment of wh ich was published in the 
Official Journal of 9 April 2012. 
232 Under Mexican legislation, concessions are grante d only to Mexican enterp rises (legal persons). 
Permits are granted to natural persons, flights and other non-scheduled services and foreign aviation 
companies. 
233 Unilateral authorization is granted pending ratification of the bilateral convention.  
234 Press briefing by the National Civil Aviation Agency (ANAC). Viewed at: 
http://www.anac.gov.br/Noticia.aspx?ttCD_CHAVE=153&slCD_ORIGEM=0 . WT/TPR/S/279/Rev.1 • Mexico 
 
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  4.5.4  Maritime transport and ports 
4.5.4.1  Main features 4.257.  Maritime transport is the second most wide ly used transport mode in Mexico's international 
trade, accounting for roughly 29% of the total volume traded in 2011. The volume of cargo that 
passes through the country's ports remained broadly stable during the review period, growing on 
average by 0.4% per year between 2007 and 20 11. Of the 283 million tonnes transported by 
water in 2011, 70.4% involved high-sea transport, distributed between imports (39%) and 
exports (61%).
235 Container traffic grew at a rate of around 8% on average during the period. 
4.258.  Mexico has 102 ports and 15 out-of-port terminals, of which 58 are located on the Pacific 
coast and 59 on the Gulf of Mexico and Caribbean coast; 69 ports are for high-sea transport and 117 for cabotage. Considering their main ac tivity, 45 ports are commercial, 34 are tourist 
ports, 21 are oil ports and 52 are fishing ports.
236 Oil and petroleum products account for nearly 
half of high-sea transport, which mainly passes through the ports located on the Gulf of Mexico (Cayo Arcas and Coatzacoalcos). The most important cargo terminals, excluding oil transport, are 
currently Lázaro Cárdenas, Manzanillo, Veracruz, Altamira and Isla de Cedros, which jointly 
transported 67% of cargo in 2011.
237 
4.259.  The Integrated Port Authorities (APIs) are commercial enterprises, either public or private, 
under autonomous management that receive a concession from the SCT to use, operate, and 
commercially exploit the assets in port premises.238 Sixteen APIs are currently managed by the 
federal government (through the SCT), six are run by state governments, five by municipal 
governments, three by the National Tourism Development Fund (FONATUR), and one is operated 
by private investors. All Mexican ports remain state-owned. Although there are no plans to 
privatize other APIs, the private sector operates  the main services provided in them, through 
concessions, transfers, or permits. 
4.260.  Total investment in port infrastruc ture and equipment grew by 30% between 2007 
and 2011, to reach an annual average of Mex $8,138 million (US$636 million), with cumulative 
investment between January 2007 and June 2012 to talling Mex$45,586.3 million. The amount of 
investment only decreased from one year to the next in 2009, in line with the contraction in 
economic activity. The amount invested throughout the period was Mex$1.9 billion (US$148 million), however, which was less than the annual investment requirements specified by the 2007-2012 National Infrastructure Programme.
239 The balance between public and private 
investment reversed over the period: whereas the State contributed 37% in 2007, by 2011 it was 
the source of 62.5% of the total. Most of the corresponding public funds were channelled through 
the APIs (64% approximately). 
4.261.  In 2012, the port infrastructure investment programme amounted to Mex$8,873.3 million, 
60.6% of which is public investment (MexUS$5,378.4 million) and 39.4% private (Mex$3,494.9 million). As of the first half of 2012, Mex$4895.1 million had been spent, 
representing 55.2% of the target for the year. The public sector contributed 43.4% 
(Mex$2,122.9 million), and the private sector 56.6% (Mex$2,772.2 million). 
4.262.  In comparative terms, the quality of Mexico's port infrastructure has not changed since the 
last review. The World Economic Forum ranked it 64
th among 144 countries in its 2012 report, the 
same as in 2006. Nonetheless, quality has improved in absolute terms, because the grading rose 
from 3.4 to 4.3 points.240 During the review period, a port was built in Cuyutlán, Manzanillo to 
receive vessels arriving at the CFE liquefied natural gas terminal. This involved an investment of 
US$4,586 million (US$358 million), wholly financed ou t of public funds. In addition, specialized 
terminals were built in five ports for the exportation of specific products; and work began on 
                                               
235 Office of the President of the Republic (2012), Statistical Annex. 
236 Some ports undertake two or more activities. Ministry of Communications and Transport (2012). 
237 Office of the President of the Republic (2012), Statistical Annex. 
238 According to Chapter 4 (Concessio ns and Permits) and 5 (Integrated Port Admi nistration) of the Ports 
Law, published in the Official Journal of 19 July 1993, and amended most recently on 11 June 2012. Viewed at: 
http://www.diputados.gob.mx/LeyesBiblio/pdf/65.pdf . 
239 Office of the President of the Republic (2007b). 
240 World Economic Forum (2012). WT/TPR/S/279/Rev.1 • Mexico 
 
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  building a new port in Seybaplaya, Campeche.241 Dredging, breakwater and sea wall protection 
work was undertaken, and in 11 mooring berths and 115 fishing jetties were constructed to support the tourism industry. Between 2007 and June 2012, five new jetties were built for cruise liners in the ports of Manzanillo (1), Mazatlán (1 ), Guaymas (1) and Puerto Vallarta (2), thereby 
increasing installed capacity to receive latest-generation cruiser liners. The public investment for 
this amounted to Mex$636 million (about US$49 million). 
4.263.  The federal government, acting through the Ministry of Communications and 
Transport (SCT) and the Ministry of the Economy (SE), and with collaboration from the 
Inter-American Development Bank (IDB), has established a nationwide public logistics policy; and a study for the National Logistics Platform sy stem was being finalized in late 2012. The policy 
consists of promoting a National Logistics Platform System in Mexico with the following aims: 
promote the integration and conductivity of logistics projects; form strategic projects for 
infrastructure development and logistics services with a long-term vision; promote the competitiveness of Mexico's logistics infrastructure; and develop logistics infrastructure and the 
services needed to facilitate industrial and commercial activities in both the domestic market and 
international trade. 
4.264.  In 2011, 79 shipping lines (three Mexican and 76 foreign) were providing high-sea 
transport services from or to Mexican ports. The leading Mexican shipping line with vessels of 
more than 1,000 gross registered tonnage (GRT) is Petróleos Mexicanos, which had 59 ships in 2010. According to figures published in the Maritime Transport Statistical Yearbook 2010, Mexico's national merchant fleet consisted of 150,689 vessels in that year: 148,239 of less 
than 100 GRT, 1,787 of between 100 and 500 GRT, 187 with a capacity of between 500 
and 1,000 GRT, and 476 ships with a capacity greater than 1,000 GRT.
242 In terms of the type of 
service provided by vessels of over 100 GRT, 452 were for high-seas navigation, 1,638 were used 
for cabotage, and 360 operated on inland waterways. According to preliminary data for 
October 2012, 484 vessels provided high-seas, 1621 cabotage and 412 inland waterway services. In the case of international trade using mari time transport, exports in 2011 amounted to 
125.7 million tonnes, and imports totalled 80.6 million tonnes. Of total exports, 95.8 million 
tonnes were sent to other American countries, 20.4 million tonnes to Asia, and 9.9 million tonnes to Europe. On the import side, 51.5 million tonnes came from other American countries, 14.5 million tonnes from Asia, and 7.7 million tonnes from Europe
243 
4.5.4.2  Regulatory framework 
4.265.  The regulations governing maritime transport activities are contained in several articles of 
the Constitution; in the Ports Law of 1993, publishe d in the Official Journal of 19 July 1993, and its 
amendments, and its regulations of 1994, publishe d in the Official Journal of 21 November 1994; 
and in the 2006 Shipping and Maritime Trade Law, published in the Official Journal of 1 June 2006, and the Shipping Law Regulations published in the Official Journal of 16 November 1998.
244 
The draft of new regulations to the Shipping and Maritime Trade Law was being finalized for 
publication in the Official Journal in November 2012. The SCT supervises the activity through the 
General Coordinating Office for Ports and the Merchant Marine, which includes the Directorates-General of Ports, Merchant Marine, and Port Development Administration. It is 
therefore responsible for formulating and implemen ting policies for the development of Mexico's 
maritime transport and port system. The SCT also has responsibility for managing concessions for integrated port management, as well as for constructing or operating terminals or providing port 
services outside the remit of API concessions. 
4.266.  The 2006 Shipping and Maritime Trade Law defined new rules on foreign participation in 
maritime cabotage. Under this legislation, the provision of cabotage services is reserved for 
Mexican shipowners, unless there are no Mexican vessels available under similar technical 
conditions. The SCT may only grant temporary permits to Mexican shipowners with a foreign 
                                               
241 Office of the President of the Republic (2012). 
242 Ministry of Communications and Transport (2011). 
243 Ministry of Communications and Transport (2011). 
244 The most recent amendments to the Ports Law an d its regulations were pu blished in the Official 
Journal of 11 June 2012 and 8 August 2000 respectively. The most recent amendment of the Shipping and 
Maritime Trade Law was published in the Official Journal of 26 May 2011, although there have been no major amendments since its promulgation in 2006. WT/TPR/S/279/Rev.1 • Mexico 
 
- 165 - 
  vessel under a bare-boat charter, or to a Mexica n shipowner with a foreign vessel under a charter 
arrangement. Nonetheless, the law no longer allo ws the SCT to issue permits directly to foreign 
shipowners. The temporary permits are valid for three months and can be renewed for the same vessel up to seven times. Lastly, persons holdin g a temporary permit to operate a foreign vessel 
and intending to remain in Mexican waters for at least two years from the date of issuance of the 
original temporary permit, must register the vessel under the Mexican flag before that period expires. 
4.267.  Reforms made to the Ports Law in 2012, and published in the Official Journal 
of 11 June 2012, basically aim to enhance the productivity and competitiveness of Mexican ports, and to promote and give legal certainty to private investments intended for the modernization, expansion and the technological updating of the co untry's ports and infrastructure. The authorities 
stated that the most important reforms related to the powers of the port authority, such as 
promoting competitiveness of Mexico's ports in terms of facilities, services, and prices; encouraging more efficient interconnection between the different types of transport service that 
converge in national ports; and ensuring that services to vessels, persons and goods transiting 
between ports or other points in the country, are provided as efficiently as possible.
245 The reform 
also envisages intervention by the Federal Competition Commission in relation to the bases for 
tariff-setting should there be just one terminal in a given port, or a terminal dedicated to handling 
certain cargoes, or a single service provider. It also gives the authority a new power to oversee all process for improvement, implementation of quality procedures, or service provision, in Mexican ports operated under an API. 
4.268.  Foreign investment is limited to a maximum of 49% of total capital in some maritime 
transport activities, such as inland waterway and cabotage services, as well as the APIs (see Chapter 2.4). Tourist cruise liners and certain port operations such as dredging are not 
subject to this rule, while foreign firms providing port services for inland waterway operations can 
exceed the 49% limit with the approval of the Foreign Investment Commission. The same rule applies for shipping companies engaged exclusively in high-seas traffic. The DGIE stated that no 
such authorizations had been granted since 2007. 
4.269.  Foreign shipping companies and vessels fr om any country may participate in international 
maritime (high-seas) transport activities, provided their country of origin grants reciprocal treatment to Mexico. Nonetheless, the Shipping and Maritime Trade Law of 2006 makes it possible 
to reserve certain international transport activities wholly or partly for Mexican shipping 
companies, should the CFC decide that competition is lacking in that particular market. As regards the hiring of merchant navy personnel, Mexico adopted the International Convention on Standards 
of Training, Certification and Watchkeeping for Seafarers, in the IMO framework, which aims to 
define the minimum requirements applicable to the certification of captains and other officers serving onboard vessels, and which, based on  the convention, have signed memoranda of 
understanding for mutual recognition between Mexico  and other countries to ensure that Mexico's 
naval personnel can work onboard a vessel of another nationality and vice versa. Nonetheless, there is a limitation to the effect that no foreign national may hold any post or commission or serve as crew on any Mexican merchant marine vessel, as stipulated in Article 32 of the Political 
Constitution of the United Mexican States. 
4.270.  The freight rates for regular high-seas shi pping services and port service charges are fixed 
freely by the service providers, except in the ab sence of reasonable competition, when the SCT 
establishes the basis for price regulation and fixes the levels of payment and rules of application. 
Such is the case with the fees charged by the APIs for the use of port infrastructure, and for some services such as pilotage, towing and ferrying. The concession titles of the APIs have maximum 
tariff levels established for certain services. The rates for tourism activities are not regulated but 
must be registered with the SCT. 
4.271.  Mexico has signed up to the International Maritime Organization's International Ship and 
Port Facility Security (ISPS) Code. The authorities have indicated that the ISPS Code is in force in 
all the country's high-seas ports. 
                                               
245 Article 16, fractions II, II bis  and II ter of the Port Law. Viewed at: 
http://www.diputados.gob.mx/LeyesBiblio/pdf/65.pdf . WT/TPR/S/279/Rev.1 • Mexico 
 
- 166 - 
  4.272.  Mexico has not assumed any specific commitments on maritime transport services within 
the framework of the GATS. The sector has been included in most of the free trade agreements 
signed by Mexico. 
4.273.  Mexico has a National Merchant Marine Development Fund (FONDEMAR), which exists to 
enable Mexico's merchant fleet to grow, renew, an d gradually modernize, by facilitating access to 
national and international credit for the purchase, construction, maintenance, and modernization of vessels for maritime traffic, where the fund supports Mexican shipowners by guaranteeing loans 
obtained and optimizing use of the fund's reso urces. FONDEMAR has national coverage, and its 
beneficiaries are shipowners or shipping companies and firms engaged in the construction and repair of Mexican ships and/or shipping equipment, established with majority Mexican ownership and a minimum operating lifetime of at least three years, seeking support from FONDEMAR. 
The funds operating rules were published in  the Official Journal of 24 September 2012.
246 
4.274.  The support provided by FONDEMAR is used to finance the construction of vessels and 
shipping equipment, both in Mexico and abroad, the rehabilitation and purchase of vessels, and 
investment and working capital projects, according to an order of priority stipulated in its 
operating regulations.247 If requested by the beneficiaries, FO NDEMAR will provide loan guarantees 
through its lending institution for up to 50% of the total amount of the credit authorized or 
contracted by the beneficiary, to a maximum of US$5 million or the equivalent thereof in local 
currency. Should the credit guarantee exceed on e of these limits, the Directorate-General of 
Merchant Marine will analyse the specific case in the light of the use the beneficiary intends for the resources, to decide whether or not it should proceed. 
4.5.5  Professional services 
4.275.  Within the GATS framework, Mexico assumed specific commitments under four 
professional services headings: accounting, auditing and bookkeeping; consultancy and technical 
studies for architecture, consultancy and technical services for engineering, and medical and 
dental services, for which free cross-border supply and consumption abroad are allowed in all cases. With regard to commercial presence, foreign investment up to 100% in architectural and 
engineering services and up to 49% in medical and dental services and accounting services was 
bound; foreign accounting companies must use the name of their Mexican partners.
248 Mexico did 
not assume any commitments in the area of legal services. 
4.276.  Under Article V, Mexico has notified its preferential agreements relating to services that 
contain provisions concerning the negotiation of agreements on the mutual recognition of 
certificates of competency and licences for the pr ovision of professional services. Nonetheless, no 
notifications have been received under Article V II.4 concerning the mutual recognition agreements 
that Mexico has signed. 
4.277.  During the review period, Mexico signed new agreements on the Mutual Recognition of 
Study Certificates, Degrees and Academic Qualifications with the People's Republic of China, 
Paraguay and Guatemala.249 These follow the agreement signed with Uruguay in 2006250, 
                                               
246 The operating regulations of the Fund for the De velopment of the Mexican Merchant Marine can be 
viewed at: http://dof.gob.mx/nota_detalle.php?codigo=5269853&fecha=24/09/2012 . 
247 According to its operating regulations, the support  provided by FONDEMAR can be classified in the 
following categories and subcategories, to be applied in order of priority: Category I: Construction of vessels 
and shipping equipment to be operated under the Me xican flag: Subcategory I.I: Vessels and shipping 
equipment constructed in Mexico; and Subcategory I.II: Vessels and shipping equipment constructed 
abroad; Category II: Modernization of vessels an d shipping equipment registered as Mexican: 
Subcategory II.I: Refurbishment: (a) in Mexico; and (b) abroad; Subcategory II.II: Equipping: (a) in Mexico; and (b) abroad; Subcategory II.III: Technological improv ement: (a) in Mexico; and (b) abroad; Category III: 
Purchase of vessels and shipping eq uipment to be operated under the Mexican flag: Subcategory III.I: Vessels 
and shipping equipment of recent construction; Subcat egory III.II: Vessels and shipping equipment no older 
than 15 years, which fulfil the provisions of the 1973 In ternational Convention for the Prevention of Pollution 
from Ships, as amended by the 1978 Protocol (MARPOL) ; Category IV: Investment projects that fulfil 
FONDEMAR objectives, relating to: Subcategory IV.I: Working capital; Subcategory IV.II: Creation and 
development of infrastructure in sh ipyards; Subcategory IV.III: Environmental improvement and ecological 
impact; Subcategory IV.IV: restructuring of liabilities. 
248 WTO document GATS/SC/56 of 15 April 1994. 
249 Published in the Official Journal of 22 June 2011, 30 March 2010 and 21 January 2008, respectively.  
250 Published in the Official Journal of 2 June 2006. WT/TPR/S/279/Rev.1 • Mexico 
 
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  Colombia in 2002251, and the Regional Agreement on the Accreditation of Higher Education 
Studies, Degrees and Diplomas in Latin America and the Caribbean (1975)252, to which Mexico is a 
party. In addition, in the NAFTA framework, mutu al recognition agreements have been established 
for the professions of accountancy , engineering and architecture. 
4.278.  In Mexico, the practice of professions is  regulated at both the federal and state levels. 
An indispensable requirement for practising a regulated profession is to be the holder of a cédula 
profesional (licence) issued by the Ministry of Public Education (SEP).253 Apart from the 
professional diploma recognized by the SEP the main  requirement for obtaining a licence is to have 
completed a "social service". 
4.279.  Article 5 of the Constitution gives each state in the Federation discretion to determine the 
professions that require a diploma, along with the co nditions that must be fulfilled to obtain such a 
diploma and the authorities responsible for issuing it. Consequently, the professions that require a 
diploma vary from one federative entity to another. In the Federal District, the exercise of professions is governed by the Law Regulating  Article 5 of the Constitution, passed by the 
Congress of the Union.
254 The main professions subject to this requirement include: law, 
architecture, medicine, nursing, chemistry, bacter iology, biology, social and political sciences, 
anthropology, journalism, accountancy, teaching, economics, computer science, engineering, 
mathematics, and the professions of aircraft pilot and social worker. 
4.280.  The diplomas issued by institutions au thorized by state and federal laws must be 
registered in order to obtain a licence to practice. Article 13 of the Law Regulating Article 5 of the Constitution stipulates that the Federal Executive may conclude agreements with the states in 
order to harmonize professional registration. The Mexican authorities have noted that as a result of 
the signature of such agreements the Directorate- General of Professions of the SEP has been given 
the exclusive authority to issue licences with nationwide validity. 
4.281.  The following professional and technical services are reserved for Mexican citizens: aircraft 
pilot, ship's captain, first mate, naval architect,  ship's engineer; crews of Mexican-flag ships and 
aircraft; airport manager, harbour pilot, customs broker, and train crews.
255 
4.282.  Foreigners may register diplomas obtained abroad and apply for a licence to practise a 
profession, provided there is reciprocal treatm ent between Mexico and their country of origin. 
The main requirements are proof of their right of stay in the country or the corresponding 
migration document, and presentation of the following documents: an official letter confirming the 
revalidation of the professional studies issued by  the SEP; a diploma certified by the country of 
origin and by the Mexican consulate in the issuing country; and a certificate of exemption from social service or an equivalent letter issued in the country where the studies were pursued.
256 
4.283.  The social service requirement also applies to foreigners and Mexicans who have studied 
abroad. Nonetheless, in recent years, a number of  alternatives have been provided to make the 
requirement more flexible, such as exempting foreign nationals whose countries of origin do not 
have a similar requirement. In addition, persons who have undertaken a social service in their 
country of origin do not have to fulfil the requirement in Mexico.257 Foreign health professionals 
receive their professional permit once the Minist ry of Health has confirmed the social service 
rendered with the Directorate-General of Professi ons of the SEP, or determined the place and the 
form in which this service will be performed. 
                                               
251 Published in the Official Journal of 22 April 2002. 
252 In addition to Mexico, this Agreement encompasses the following countries: the Plurinational State 
of Bolivia, Colombia, Cuba, El Salvador, Slovenia, the Former Yugoslav Republic of Macedonia, Nicaragua, the Netherlands, Panama, Peru, the Vatican, Serbia and Montenegro, Suriname and the Bolivarian Republic of Venezuela. 
253 The cédula profesional  is the personal document auth orizing professional practice. 
254 Law regulating Article 5 of the Constitution concerning the practice of professions in the Federal 
District, published in the Official Journal of 26 May 1945 (most recent amendment published on 22 December 1993). 
255 Article 32 of the Constitution, and Article 25 of the Maritime Navigation and Commerce Law 
published in the Official Journal of 1 June 2006. 
256 The requirements can be viewed on the SEP website at: http://www.sep.gob.mx . 
257 Article 3 of the Regulations governing the provision of social service by students of higher education 
institutions in the Mexican Republic, published in the Official Journal of 30 March 1981. WT/TPR/S/279/Rev.1 • Mexico 
 
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  4.284.  Both foreigners and Mexicans who studied abroad must revalidate their diplomas with the 
SEP in order to obtain a professional licence.258 SEP Decision No. 286 establishes the criteria for 
the revalidation of studies completed abroad; to qualify for this, higher education courses must be at least 75% equivalent to those existing in the Mexican education system. In the case of 
foreigners, account will also be taken of reciprocal treatment granted by the country in which the 
studies were completed to studies completed in Mexico, and the international accreditation of the educational institution attended.
259 
4.285.  Foreigners may practise a profession in  Mexico provided they satisfy the conditions 
specified in the Law Regulating Article 5 of the Constitution and subject to the international treaties to which Mexico is party.
260 Apart from the FTA with Israel, Mexico's free trade 
agreements include provisions on cross-border trade in services and subject the provision of 
professional services to the principle of reciprocit y. Apart from those with Israel, the United States 
and the European Free Trade Area (EFTA), all the FTAs contain provisions for eliminating nationality or permanent residence requirements fo r the granting of licences and certificates to 
professional service providers of the other Party,  as well as for negotiating agreements on the 
mutual recognition of licences and certificates for the provision of such services. 
4.286.  If there is no relevant agreement, the prac tice of professions by foreigners is subject to 
the principle of reciprocity in the applicant's country of origin and compliance with the Mexican 
legislation.
261 The authorities stated that that the countries granting Mexico reciprocity in the 
practice of professions are: Argentina, the Plurinational State of Bolivia, Brazil, Colombia, Cuba, Dominican Republic, Guatemala, Nicaragua, and Peru. Reciprocity means that the country from 
which the applicant comes does not impose greater requirements on Mexicans than on its own 
citizens. 
4.287.  Foreign lawyers can obtain licences to practise in Mexico provided there is a relevant 
agreement between Mexico and their country of origin. If there is no such agreement, the 
foreigner must revalidate his/her studies, meet the requirements laid down by Mexican law and show that the principle of reciprocity applies. If a foreign lawyer obtains revalidation of his/her 
studies and is authorized to practise in Mexico, he /she may only advise on Mexican or international 
law. 
4.288.  In general, only lawyers with a licence to practise in Mexico may participate in a law office 
established on Mexican territory. Nevertheless, provided it is stipulated in the professional services 
provisions of an FTA, and subject to the principle of reciprocity, lawyers of the country with which 
the agreement has been signed who have a licence to practise in that country may enter into partnerships with lawyers with a Mexican licence to practise in the national territory. A favourable 
resolution from the National Foreign Investment Commission is required for a foreign investment 
in legal services of more than 49%. 
4.289.  Some FTAs signed by Mexico provide for the role of a legal consultant through whom 
lawyers of the country with which an agreement has been signed may provide consultancy 
services with respect to the laws of their own country, or international law, or the law of a third country. However, foreign legal consulta nts may not advise on Mexican law. 
4.290.  According to information provided by Me xico to the WTO Working Group on Professional 
Services, to practise accountancy in Mexico, as in the case of other professions, foreign 
accountants must revalidate their studies and obtain a licence issued by the SEP. In regulated areas of accountancy, such as the auditing of financial statements for tax purposes, foreign 
professionals may practise in the national territory on condition that this possibility is provided for 
                                               
258 Article 9 of the Law regulating Article 5 of the Constitution concerning the practice of professions in 
the Federal District, published in the Official Jour nal 26 of May 1945 (most recent amendment published on 
22 December 1993). 
259 Guidelines 25 and 35 of SEP Decision 286, Published in the Official Journal of 30 October 2000. 
260 Article 15 of the Law regulating Article 5 of the Cons titution concerning the practice of professions in 
the Federal District. Most state laws contain a similar provision. 
261 Article 15 of the Law regulating Article 5 of the Cons titution concerning the practice of professions in 
the Federal District. Most state laws contain a similar provision. WT/TPR/S/279/Rev.1 • Mexico 
 
- 169 - 
  in an international treaty.262 There are no restrictions on the mode of establishment or direct 
foreign ownership of a company providing accountancy services in Mexico.263 
4.291.  With regard to engineering services, Me xico is participating in the development of 
regional-level professional qualification accreditation schemes that facilitate the provision of these 
services by foreign engineers. For example, with in the NAFTA framework, procedures have been 
agreed upon for granting temporary licences that  allow engineers accredited in any of the three 
countries party to the Agreement to practise in Canada (all provinces), Mexico (all states) and the 
United States (Texas). Mexico is also a signatory to the Latin American Agreement on 
Accreditation in Engineering (ALAI), which suppl ements the Montealbán Declaration of 2001 and 
the Tlaxcala Declaration of 2010, and aims to esta blish systems for the accreditation of engineers, 
with a view to mutual recognition allowing for labour mobility between the countries concerned.264 
4.292.  There are no restrictions on the participation of foreigners in engineering consultancy 
partnerships legitimately established as Mexican enterprises in accordance with national legislation, except for engineering activities that  are regulated by Articles 7 and 8 of the Foreign 
Investment Law (see Chapter 2.4.2). 
4.293.  Professional societies and associations issue opinions on laws and regulations relating to 
the practice of their profession, and on the corre sponding study plans, to ensure the quality of 
professional practice in the different professional  areas. Nonetheless, there is no requirement to 
belong to the professional college to be able  to practise the profession. The colleges and 
associations also participate in the work of the Mexican Committees for the International Practice of the Professions (COMPIs), created to negoti ate agreements for the mutual recognition of 
licences and certificates for the practice of professions in the NAFTA framework. 
                                               
262 Article 52, fraction I, subparagraph b)  of the Tax Code of the Federation. 
263 WTO document S/WPPS/W/7/Add.20 of 16 October 1996. 
264 The Tlaxcala Declaration was signed on 18 March 2010, and the ALAI was signed as part of the 
Ingeniería 2010 Argentina  event. Its signatories are Argentina, the Plurinational State of Bolivia, Brazil, Chile, 
Central America (through the Central American Accred itation Agency for Architecture and Engineering), 
Colombia, Mexico and Paraguay. WT/TPR/S/279/Rev.1 • Mexico 
 
- 170 - 
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 WT/TPR/S/279/Rev.1 • Mexico 
 
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  5  APPENDIX TABLES 
Table A1.1 Merchandise exports by pr oduct category (SITC Rev.3), 2006-2011 
(US$ million and %) 
Description 2006  2007  2008  2009 2010 2011  
Total (US$ million) 249,961  271,821  291,265  229,712 298,305 349,569  
 (% of exports) 
Total primary products 23.6 24.1 25.7 23.0 23.0 26.4 
Agriculture 5.8 5.7 5.9 7.2 6.3 6.6 
Food 5.4 5.3 5.5 6.9 5.9 6.2 
0545 Other fresh or chilled 
vegetables 0.8 0.8 0.7 0.9 0.8 0.7 
0544 Tomatoes, fresh or chilled 0.4 0.4 0.4 0.5 0.5 0.6 
1123 Beer made from malt 
(including ale, stout and porter) 0.7 0.7 0.6 0.8 0.6 0.6 
0579 Fruit, fresh or dried, n.e.s. 0.4 0.5 0.5 0.6 0.5 0.5 
Agricultural raw materials 0.4 0.4 0.4 0.3 0.4 0.4 
Mining 17.8 18.4 19.9 15.8 16.7 19.8 
Ores and other minerals 1.0 1.1 1.2 1.1 1.3 1.6 
2831 Copper ores and concentrates 0.1 0.1 0.1 0.1 0.2 0.3 
2882 Other non-ferrous base metal 
waste and scrap, n.e.s. 0.3 0.3 0.4 0.3 0.3 0.3 
2874 Lead ores and concentrates 0.0 0.0 0.0 0.1 0.1 0.3 
Non-ferrous metals 1.4 1.6 1.4 1.4 1.6 2.2 
6811 Silver (including base metals 
clad with silver), unwrought, unworked or semi-manufactured 0.5 0.5 0.6 0.6 0.9 1.3 
6821 Copper, refined and unrefined; 
copper anodes for electrolytic 
refining; copper alloys, unwrought 0.2 0.3 0.2 0.2 0.2 0.4 
Fuels 15.5 15.7 17.2 13.3 13.8 15.9 
3330 Petroleum oils and oils obtained 
from bituminous minerals, crude 13.9 14.0 14.9 11.2 12.0 14.1 
Manufactures 75.7 71.7 72.9 74.7 74.5 70.7 
Iron and steel 1.7 1.7 2.1 1.3 1.5 1.6 
Chemicals 3.5 3.7 3.9 4.4 4.0 4.1 
5429 Medicaments, n.e.s. 0.4 0.3 0.3 0.4 0.3 0.4 
5743 Polycarbonates, alkyd resins and 
other polyesters 0.2 0.2 0.2 0.2 0.2 0.3 
Other semi-manufactures 4.4 4.3 4.0 4.1 3.7 3.7 
6991 Locksmiths' wares, safes, 
strongboxes, etc., and hardware, n.e.s., of base metal 0.7 0.7 0.5 0.5 0.4 0.4 
Machinery and transport equipment 54.1 51.3 52.8 54.0 55.6 52.6 
Power-generating machinery 1.6 1.6 1.6 1.7 1.6 1.5 
7163 Motors (other than motors of 
an output not exceeding 37.5 W) 
and generators, alternating current 0.7 0.6 0.5 0.5 0.5 0.5 
Other non-electrical machinery 4.8 4.8 4.9 4.8 5.0 4.9 
7415 Air-conditioning machines 
comprising a motor-driven fan and 
elements for changing the 
temperature and humidity, including 
those machines in which the 
humidity cannot be separately 
regulated; parts thereof 0.6 0.5 0.4 0.4 0.4 0.5 
7436 Filtering or purifying machinery 
and apparatus, for liquids or gases 0.3 0.4 0.5 0.4 0.4 0.4 
7414 Refrigerators, freezers and 
other refrigerating or freezing 
equipment (electric or other), other 
than household-type refrigerators 
and freezers; parts of refrigerators 0.3 0.3 0.4 0.4 0.4 0.4 
Agricultural machinery and tractors 0.2 0.1 0.2 0.2 0.2 0.2 
Office machines and 
telecommunications equipment 18.6 17.3 19.3 21.5 20.3 17.1 
7611 Television receivers, colour 
(including video monitors and video projectors), whether or not incorporating radio-broadcast receivers or sound or video-recording or reproducing apparatus 6.7 7.5 7.7 7.8 6.8 5.3 WT/TPR/S/279/Rev.1 • Mexico 
 
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  Description 2006  2007  2008  2009 2010 2011  
7523 Digital processing units, 
whether or not presented with the 
rest of a system, which may contain 
in the same housing one or two of 
the following types of unit: storage 
units 1.1 1.3 1.3 2.0 2.8 3.2 
7643 Transmission apparatus 
for radio 2.8 2.9 3.1 4.3 3.3 2.1 
Other electrical machinery 10.0 9.0 9.0 8.7 8.3 7.7 
7731 Insulated (including enamelled 
or anodized) wire, cable (including co-axial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fibre cables … 3.2 2.8 2.6 2.2 2.3 2.3 
Automotive products 17.1 16.5 15.8 15.7 18.7 19.4 
7812 Motor vehicles for the 
transport of persons, n.e.s. 7.0 6.9 7.4 6.5 7.7 7.6 
7843 Other parts and accessories of 
the motor vehicles of groups 722, 
781, 782 and 783 4.6 4.3 4.0 4.0 4.6 4.8 
7821 Motor vehicles for the 
transport of goods 3.4 3.3 2.5 2.8 3.5 3.6 
7832 Road tractors for semi-trailers 0.5 0.4 0.5 1.0 1.1 1.6 
Other transport equipment 2.0 2.2 2.0 1.6 1.8 2.1 
Textiles 0.9 0.8 0.7 0.7 0.6 0.6 
Articles of apparel and clothing 
accessories 2.5 1.9 1.7 1.8 1.5 1.3 
8414 Men's or boys' trousers, bib 
and brace overalls, breeches and 
shorts of textile fabrics, not knitted 
or crocheted 0.7 0.6 0.5 0.6 0.5 0.4 
Other consumer goods 8.5 8.0 7.7 8.4 7.6 6.9 
8722 Instruments and appliances 
used in medical, surgical or 
veterinary sciences (including 
sight-testing instruments but 
excluding electro-diagnostic and 
radiological instruments and 
apparatus) 1.2 1.2 1.3 1.6 1.4 1.2 
8211 Seats (other than those of 
heading 872.4), whether or not convertible into beds, and parts thereof 1.5 1.3 1.1 1.0 1.1 1.1 
Other 0.7 4.2 1.4 2.3 2.5 2.9 
Gold 0.4 0.6 0.9 1.8 2.0 2.3 
Source: WTO Secretariat estimates, based on da ta from the Comtrade database (SITC Rev.3). WT/TPR/S/279/Rev.1 • Mexico 
 
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  Table A1.2 Merchandise imports by product category (SITC Rev.3), 2006-2011 
(US$ million and %)  
Description 2006  2007  2008  2009 2010 2011  
Total (US$ million) 256,086  281,927  308,583  234,385 301,482 350,842  
 (% of imports) 
Total primary products 16.0 17.7 20.8 17.6 18.5 21.3 
Agriculture 7.2 7.8 8.4 8.6 7.8 8.3 
Food 5.9 6.5 7.1 7.4 6.5 7.0 
0449 Other maize, unmilled 0.4 0.5 0.8 0.6 0.5 0.8 
2222 Soya beans 0.4 0.4 0.6 0.6 0.5 0.5 
0412 Other wheat (including spelt) and 
meslin, unmilled 0.3 0.3 0.4 0.3 0.3 0.4 
0123 Meat and edible offal of the 
poultry of subgroup 001.4, fresh, 
chilled or frozen 0.2 0.2 0.2 0.3 0.3 0.3 
2226 Rape, colza and mustard seeds 0.1 0.2 0.3 0.2 0.2 0.3 
0122 Meat of swine, fresh, chilled or 
frozen 0.2 0.2 0.2 0.3 0.3 0.3 
0111 Meat of bovine animals, fresh or 
chilled 0.4 0.4 0.4 0.3 0.3 0.3 
Agricultural raw materials 1.4 1.3 1.3 1.3 1.3 1.3 
2631 Cotton (other than linters), not 
carded or combed 0.2 0.2 0.2 0.2 0.2 0.2 
2515 Chemical wood pulp, soda or 
sulphate, other than dissolving grades, 
semi-bleached or bleached 0.2 0.2 0.2 0.2 0.2 0.2 
Mining 8.8 9.9 12.4 9.0 10.7 13.0 
Ores and other minerals 0.9 0.8 0.9 0.6 0.7 0.7 
Non-ferrous metals 2.2 2.2 2.0 1.7 2.0 2.3 
6842 Aluminium and aluminium alloys, 
worked 0.7 0.7 0.6 0.6 0.6 0.9 
6841 Aluminium and aluminium alloys, 
unwrought 0.5 0.4 0.4 0.3 0.4 0.4 
Fuels 5.7 6.9 9.5 6.7 8.0 10.0 
334 Petroleum oils and oils obtained 
from bituminous minerals (other than 
crude) 3.7 4.9 6.8 5.0 6.1 7.9 
3432 Natural gas, in the gaseous state 0.7 0.6 0.9 0.5 0.5 0.6 
Manufactures 82.6 76.3 77.6 80.4 79.5 76.5 
Iron and steel 3.0 2.8 3.2 2.6 2.8 2.7 
Chemicals 10.7 10.7 11.0 11.8 11.3 11.3 
5429 Medicaments, n.e.s. 0.8 0.7 0.8 1.0 0.8 0.8 
5112 Cyclic hydrocarbons 0.5 0.6 0.6 0.6 0.6 0.7 
Other semi-manufactures 8.2 7.8 7.1 7.2 7.1 7.0 
6996 Articles of iron or steel, n.e.s. 0.9 0.9 0.8 0.8 0.8 0.7 
6942 Screws, bolts, nuts, coach 
screws, screw hooks, rivets, cotters, 
cotter pins, washers (including spring 
washers) and similar articles, of iron 
or steel 0.6 0.6 0.5 0.5 0.6 0.6 
Machinery and transport equipment 47.7 42.2 44.6 47.0 47.2 45.3 
Power-generating machinery 1.3 1.1 1.2 1.4 1.4 1.4 
Other non-electrical machinery 8.8 8.9 8.8 8.8 8.1 8.2 
7284 Machinery and mechanical 
appliances specialized for particular 
industries, n.e.s. 0.8 0.9 0.7 0.7 0.6 0.6 
7431 Air or vacuum pumps, air or 
other gas compressors, ventilating or recycling hoods (other than cooker 
hoods) incorporating a fan 0.4 0.4 0.4 0.5 0.4 0.5 
Agricultural machinery and tractors 0.2 0.2 0.2 0.2 0.2 0.2 
Office machines and telecommunications 
equipment 16.6 12.2 15.5 19.0 18.9 17.1 
7649 Parts and accessories suitable for 
use solely or principally with the 
apparatus of division 76 4.1 3.3 4.6 5.9 5.5 4.4 
7764 Electronic integrated circuits and 
microassemblies 3.7 1.6 2.8 3.4 3.6 3.6 
7599 Parts and accessories (other than 
covers, carrying cases and the like) 
suitable for use solely or principally 
with the machines of subgroups 751.1, 
751.2, 751.9 and group 752 1.9 1.4 0.9 1.4 1.8 1.5 WT/TPR/S/279/Rev.1 • Mexico 
 
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  Description 2006  2007  2008  2009 2010 2011  
Other electrical machinery 8.5 7.8 7.6 7.5 7.7 7.1 
7725 Electrical apparatus for switching 
or protecting electrical circuits, or for 
making connections to or in electrical 
circuits, for a voltage not 
exceeding 1,000 V 1.7 1.6 1.5 1.4 1.5 1.3 
7731 Insulated (including enamelled or 
anodized) wire, cable (including co-axial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fibre cables … 1.4 1.3 1.3 1.3 1.3 1.3 
Automotive products 11.1 10.5 9.9 9.2 9.8 9.9 
7843 Other parts and accessories of 
the motor vehicles of groups 722, 781, 
782 and 783 4.6 4.3 4.3 4.6 4.9 5.0 
7812 Motor vehicles for the transport 
of persons, n.e.s. 3.6 3.3 2.7 2.0 2.1 2.1 
Other transport equipment 1.5 1.7 1.6 1.3 1.5 1.6 
Textiles 2.3 2.0 1.7 1.8 1.7 1.7 
Articles of apparel and clothing 
accessories 1.0 0.9 0.8 0.9 0.8 0.8 
Other consumer goods 9.6 10.0 9.3 9.0 8.6 7.7 
8719 Liquid crystal devices, n.e.s.; 
lasers (other than laser diodes); other optical appliances and instruments, n.e.s. 1.4 2.1 1.7 1.0 1.0 0.9 
8939 Articles of plastics, n.e.s. 1.3 1.1 1.0 1.0 1.4 0.9 
Other 1.4 6.0 1.6 2.0 2.0 2.2 
Gold 0.1 0.1 0.1 0.1 0.1 0.1 
Source: WTO Secretariat estimates, based on da ta from the Comtrade database (SITC Rev.3). WT/TPR/S/279/Rev.1 • Mexico 
 
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  Table A1.3 Exports by product, 2007-2012 
(US$ million)  
Heading 2007  2008  2009  2010  2011 2012  
(Jan-Sept)  
Total exports 271,875  291,343  229,704  298,473  349,375 275,380  
Exports of petroleum 
productsa 43,014  50,635  30,831  41,693  56,385 40,254  
Crude oil 37,937 43,342 25,614 35,919 49,322 35,367 
Other petroleum exports  5,077 7,294 5,217 5,775 7,063 4,887 
Natural gas    339 257 122 181 18 1 
Petroleum derivatives    4,050 6,248 4,493 4,757 6,021 4,045 
Pure petroleum oils  1,716 2,086 1,129 1,631 1,997 1,477 
Fuel oil 532 1,463 2,171 2,828 3,103 1,981 
Gas oil or diesel 272 409 0 0 0 0 
Jet fuel 105 257 102 41 79 0 
Gasoline for vehicles 39 55 21 0 0 0 
LP gasb 21 3 13 2 63 2 
Other petroleum oils 1,362 1,971 1,053 251 775 547 
Other petroleum derivatives 3 3 4 3 3 37 
Petrochemicals 687 788 602 837 1,024 841 
Ammonia 16 61 2 31 24 55 
Polyvinyl chloride 162 162 163 218 348 262 
Ethylene and polyethylene 273 299 209 218 302 235 
Polypropylene 43 65 96 121 105 98 
Other petrochemical products 193 201 132 249 246 191 
Exports of agricultural 
productsc 7,415  7,895  7,726  8,610  10,309 8,385  
Cattle  475 312 396 539 632 548 
Honey 56 84 81 85 90 88 
Flowers 27 27 25 25 24 22 
Pepper 609 624 563 616 659 562 
Tomatoes 1,069 1,205 1,211 1,618 2,065 1,334 
Onions and garlic 256 319 292 279 327 283 
Cucumber 410 421 261 264 259 270 
Beans 21 30 29 28 35 21 
Chick-peas 83 116 127 104 70 222 
Edible fruit and nuts 355 258 342 390 467 346 
Bananas, including plantains 20 43 77 74 76 100 
Avocados 601 577 645 604 837 647 
Mangoes 119 111 137 163 190 243 
Citrus fruit 245 263 208 262 273 222 
Grapes, fresh or dried 155 150 121 161 142 161 
Melons (including watermelons) 
and papaws (papayas) 340 385 474 451 391 341 
Fresh strawberries 117 129 93 142 144 186 
Unroasted coffee beans 306 288 310 300 552 571 
Wheat 149 590 276 88 299 186 
Maize 71 24 88 156 42 190 
Tobacco 28 32 29 25 30 27 
Cotton 65 79 47 53 119 96 
Other fresh vegetables 859 840 912 1,165 1,199 836 
Other agricultural products 289 341 308 360 452 331 
Frozen shrimp 366 343 361 234 305 166 
Other fish, crustaceans and 
molluscs 325 305 312 428 629 386 
Non-petroleum mining 
exports 1,737  1,931  1,448  2,424  4,063 3,696  
Exports of manufactured 
products 219,709  230,882  189,698  245,745  278,617 223,045  
Food, beverages and tobacco 7,376 8,467 8,346 9,552 11,529 8,874 
Textiles, clothing, leather and 
leather products 8,213 7,685 6,400 7,151 7,856 5,913 
Wood and wood products 647 582 479 493 531 432 
Paper, printing and publishing 1,921 1,945 1,666 1,960 2,119 1,467 
Chemicals 7,487 8,382 7,582 8,522 9,910 8,262 
Plastic and rubber products 6,355 6,410 5,391 6,870 8,095 6,900 
Manufacturing of other 
non-metallic mineral products  2,965 3,051 2,431 2,952 3,095 2,564 WT/TPR/S/279/Rev.1 • Mexico 
 
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  Heading 2007  2008  2009  2010  2011 2012  
(Jan-Sept)  
Iron and steel 7,016 8,728 4,943 6,542 7,913 5,762 
Mining and metallurgy 7,666 8,687 8,561 12,334 17,398 12,843 
Metal products, machinery and 
equipment 163,704 169,410 137,566 182,697 202,353 163,301 
For agriculture and livestock 392 463 410 558 691 612 
For other transport and 
communications 58,398 58,168 43,691 66,489 81,655 67,623 
Automotive products 56,118 55,681 42,373 64,948 79,177 65,240 
Special machinery and 
equipment for vari ous industries 28,684 27,894 24,074 33,561 38,514 32,519 
Metal products fo r domestic use 2,788 3,345 3,820 4,716 5,153 3,932 
Professional and scientific 
equipment 8,269 9,007 8,227 9,808 10,602 8,448 
Electrical and electronic 
equipment and devices 64,560 70,091 56,933 67,089 65,326 49,870 
Photographic, optical and 
watchmaking equipment 613 442 412 475 411 298 
Other manufactur ing industries 6,358 7,534 6,333 6,673 7,819 6,726 
a Includes hydrocarbons and derivatives. 
b Includes butane gas, propane gas and LP gas. c Includes fishery products. 
Source: Foreign Trade Statistics Working Group, co mposed of the Bank of Mexico, INEGI, the Tax 
Administration Service and th e Ministry of the Economy. WT/TPR/S/279/Rev.1 • Mexico 
 
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  Table A1.4 Imports by product, 2007-2012  
(US$ million)  
Heading 2007  2008  2009  2010  2011 2012  
(Jan-Sept)  
Total 281,949  308,603  234,385  301,482  350,843 273,263  
Imports of petroleum 
products 25,469  35,657  20,462  30,211  42,704 30,454  
Natural gas 2,750 4,243 1,734 2,313 2,620 1,495 
Petroleum derivatives 15,824 23,599 13,080 19,587 29,785 21,974 
Gasoline for vehicles 9,916 14,600 8,327 11,992 18,021 13,601 
Gas oil or diesel 2,453 3,749 31 1,113 6,481 4,314 
Fuel oil 383 1,113 907 357 946 975 
Jet fuel  105 261 42 128 55 122 
Oil and lubricants 628 831 594 808 1,026 863 
LP gas 1,652 2,170 1,120 1,597 2,169 1,293 
Petroleum coke  and 
bitumen 355 480 188 444 616 383 
Petroleum jelly, paraffin wax 183 241 175 231 227 166 
Other petroleum oils  122 127 1,670 2,886 201 209 
Other petroleum derivatives 25 27 25 31 44 49 
Petrochemicals    6,896 7,815 5,649 8,311 10,299 6,985 
Vinyl chloride    255 343 208 264 334 246 
Acyclic hydrocarbons 348 531 316 576 837 572 
Cyclic hydrocarbons 1,680 1,732 1,484 1,905 2,415 1,963 
Polymers of ethylene 1,741 1,858 1,325 1,677 1,944 1,483 
Polypropylene 1,187 1,382 848 1,303 1,630 1,117 
Polymers of vinyl chloride 306 379 369 462 577 456 
Naphtha 259 237 134 959 1,120 40 
Methanol (methyl alcohol) 111 110 51 78 43 31 
Ethylene glycol 191 176 121 134 246 128 
Alkyl benzene 314 424 286 344 401 272 
Other petrochemical 
products 503 642 506 608 751 678 
Imports of agricultural 
products 8,994  11,838  8,610  9,845  13,141 9,897  
Cattle 89 135 31 39 27 10 
Milk and milk products 951 774 598 716 767 547 
Eggs 26 22 23 27 44 42 
Animal stomachs, other than 
those of fish 132 163 139 147 148 118 
Beans 67 92 171 112 101 229 
Grapes, fresh or dried 139 128 69 93 141 88 
Apples, pears and quinces  336 333 259 286 290 295 
Pepper, chili peppers and 
sweet peppers, dried 65 108 70 63 71 62 
Wheat 856 1,247 728 847 1,322 1,116 
Maize 1,554 2,391 1,437 1,583 2,989 2,517 
Rice 248 371 345 320 377 270 
Sorghum 347 364 442 428 688 275 
Soya seed 1,177 1,801 1,419 1,592 1,762 1,497 
Rape or colza seed 480 889 493 667 973 550 
Seed for sowing 246 267 262 294 331 249 
Tobacco 144 154 144 160 153 80 
Cotton 462 539 412 631 835 354 
Oil seeds and oleaginous 
fruits 413 546 437 467 475 374 
Other fruit, fresh or dried 266 350 273 302 362 313 
Other cereals    75 154 77 56 101 83 
Other agricultural products 548 597 504 627 703 455 
Fish, crustaceans and 
molluscs 373 412 276 389 482 371 
Non-petroleum mining 
imports 1,579  1,874  812 1,204  1,651 1,171  
Imports of manufactured 
products 245,908  259,235  204,500  260,222  293,347 231,741  
Food, beverages and tobacco 10,535 11,525 9,885 11,231 13,334 10,185 
Textiles, clothing, leather and 
leather products 10,145 9,948 7,746 9,337 10,979 8,709 
Wood and wood products 1,678 1,671 1,120 1,308 1,424 1,138 WT/TPR/S/279/Rev.1 • Mexico 
 
- 181 - 
  Heading 2007  2008  2009  2010  2011 2012  
(Jan-Sept)  
Paper, printing and publishing 6,486 6,701 5,474 6,612 6,899 5,125 
Chemicals 17,354 19,804 16,685 19,508 22,004 17,803 
Plastic and rubber products 16,890 16,607 13,270 18,375 19,892 16,360 
Manufacturing of other 
non-metallic mineral products 2,499 2,233 1,659 2,174 2,548 2,027 
Iron and steel 13,001 15,118 10,113 13,356 15,253 13,826 
Mining and metallurgy 8,559 8,520 5,551 8,198 10,191 7,201 
Metal products, machinery 
and equipment  148,646 155,547 123,195 158,232 176,808 139,454 
For agriculture and livestock 738 877 683 786 928 740 
For other transport and 
communications 35,840 36,119 24,753 34,600 41,222 34,211 
Automotive products 33,333 33,993 23,703 33,284 38,891 32,166 
Special machinery and 
equipment for various 
industries 38,620 40,851 33,493 41,281 46,948 39,091 
Metal products for domestic 
use 1,065 1,008 737 1,008 1,223 900 
Professional and scientific 
equipment 12,210 11,959 8,192 9,795 10,789 8,193 
Electrical and electronic 
equipment and devices 59,393 63,984 54,765 70,071 74,932 55,738 
Photographic, optical and 
watchmaking equipment 781 749 572 692 766 580 
Other manufacturing 
industries 10,117 11,561 9,802 11,890 14,015 9,913 
Source: Foreign Trade Statistics Working Group, co mposed of the Bank of Mexico, INEGI, the Tax 
Administration Service and th e Ministry of the Economy. WT/TPR/S/279/Rev.1 • Mexico 
 
- 182 - 
  Table A1.5 Merchandise exports by trading partner, 2006-2012  
(US$ million and %)  
Description 2006 2007  2008  2009  2010  2011 2012a 
(Jan-Sept)  
Total exports 
(US$ million) 249,961 271,821  291,265  229,712  298,305  349,569 275,380  
 (% of exports) 
America 92.5 91.2 90.2 90.8 90.7 89.2 88.4 
USA 84.9 82.2 80.3 80.7 80.1 78.7 77.4 
Other America 7.7 9.0 9.9 10.0 10.6 10.6 11.0 
Canada 2.1 2.4 2.4 3.6 3.6 3.1 3.0 
Colombia 0.9 1.1 1.0 1.1 1.3 1.6 1.6 
Brazil 0.5 0.7 1.2 1.1 1.3 1.4 1.6 
Chile 0.4 0.4 0.5 0.5 0.6 0.6 0.6 
Argentina 0.4 0.4 0.5 0.5 0.6 0.6 0.5 
Guatemala 0.4 0.4 0.5 0.5 0.5 0.5 0.5 
Bolivarian Republic 
of Venezuela 0.7 0.9 0.8 0.6 0.5 0.5 0.6 
Peru 0.2 0.2 0.4 0.3 0.3 0.4 0.4 
Panama 0.2 0.3 0.3 0.3 0.3 0.3 0.3 
Costa Rica 0.2 0.3 0.3 0.3 0.3 0.3 0.3 
Europe 4.5 5.5 6.2 5.3 5.2 5.9 6.6 
EU(27) 4.4 5.3 5.9 5.1 4.8 5.5 6.0 
Spain 1.3 1.4 1.5 1.1 1.3 1.4 1.9 
Germany 1.2 1.5 1.7 1.4 1.2 1.2 1.2 
United Kingdom 0.4 0.6 0.6 0.5 0.6 0.6 0.7 
Netherlands 0.5 0.7 0.9 0.7 0.6 0.6 0.5 
Italy 0.1 0.2 0.2 0.2 0.2 0.4 0.4 
EFTA 0.1 0.1 0.2 0.2 0.3 0.4 0.3 
Switzerland and 
Liechtenstein  0.0 0.1 0.2 0.2 0.3 0.3 0.3 
Other Europe 0.0 0.1 0.1 0.0 0.0 0.1 0.3 
Turkey  0.0 0.0 0.0 0.0 0.0 0.1 0.1 
Commonwealth of 
Independent States (CIS) 0.1 0.1 0.1 0.0 0.1 0.2 0.2 
Russian Federation 0.0 0.1 0.0 0.0 0.1 0.1 0.1 
Africa 0.2 0.2 0.3 0.3 0.2 0.2 0.2 
South Africa  0.1 0.1 0.1 0.1 0.1 0.1 0.1 
Algeria 0.0 0.0 0.1 0.1 0.0 0.1 0.1 
Middle East 0.2 0.2 0.3 0.3 0.2 0.2 0.2 
United Arab Emirates 0.0 0.1 0.1 0.1 0.1 0.1 0.1 
 Asia 2.5 2.8 2.9 3.3 3.6 4.2 4.5 
China 0.7 0.7 0.7 1.0 1.4 1.7 1.5 
Japan 0.6 0.7 0.7 0.7 0.6 0.6 0.7 
Six East Asian Traders 0.7 0.7 0.7 0.7 0.9 1.0 1.2 
Korea, Republic of 0.2 0.3 0.2 0.2 0.3 0.4 0.5 
Singapore 0.1 0.1 0.1 0.2 0.2 0.2 0.2 
Chinese Taipei 0.2 0.1 0.1 0.1 0.1 0.1 0.1 
Hong Kong, China 
SAR 0.1 0.1 0.1 0.2 0.2 0.1 0.2 
Thailand 0.0 0.1 0.0 0.0 0.0 0.1 0.1 
Malaysia 0.0 0.0 0.0 0.1 0.0 0.0 0.1 
Other Asia 0.5 0.7 0.9 0.9 0.7 0.9 1.1 
India 0.3 0.4 0.5 0.5 0.3 0.5 0.8 
Australia 0.2 0.2 0.2 0.2 0.2 0.3 0.3 
Other 0.0 0.1 0.1 0.1 0.1 0.1 0.1 
a Data from the authorities. 
Source: WTO Secretariat estimates, based on data fro m the Comtrade database (SITC Rev.3) and data from 
the authorities for 2012. WT/TPR/S/279/Rev.1 • Mexico 
 
- 183 - 
  Table A1.6 Merchandise imports by trading partner, 2006-2012  
(US$ million and %)  
Description 2006 2007  2008  2009  2010  2011 2012 
(Jan-Sept)a 
World (US$ million) 256,086 281,927  308,583  234,385  301,482  350,842 273,263  
 (% of imports) 
America 59.8 57.9 57.2 55.7 55.4 56.7 56.7 
USA 51.1 49.6 49.2 48.1 48.2 49.8 50.0 
Other America 8.7 8.3 8.1 7.6 7.2 6.9 6.7 
Canada 2.9 2.8 3.1 3.1 2.9 2.7 2.6 
Brazil 2.2 2.0 1.7 1.5 1.4 1.3 1.2 
Costa Rica 0.3 0.3 0.3 0.4 0.6 0.8 1.0 
Chile 1.0 0.9 0.8 0.7 0.6 0.6 0.4 
Argentina 0.7 0.6 0.5 0.5 0.4 0.3 0.3 
Colombia 0.3 0.3 0.3 0.3 0.3 0.2 0.2 
Peru 0.2 0.1 0.1 0.2 0.1 0.2 0.1 
Guatemala 0.1 0.2 0.2 0.2 0.2 0.2 0.2 
Europe 12.1 12.7 13.4 12.4 11.5 11.4 12.2 
EU(27) 11.4 12.0 12.7 11.6 10.8 10.8 11.2 
Germany 3.7 3.8 4.1 4.2 3.7 3.7 3.7 
Italy 1.6 2.0 1.7 1.3 1.3 1.4 1.5 
Spain 1.4 1.4 1.3 1.3 1.1 1.1 1.1 
France 1.0 1.1 1.1 1.1 1.0 1.0 1.0 
Netherlands 0.6 0.9 1.4 0.9 0.9 0.9 0.9 
EFTA 0.6 0.5 0.6 0.6 0.6 0.5 0.5 
Switzerland and 
Liechtenstein 0.4 0.5 0.5 0.5 0.5 0.4 0.4 
Other Europe 0.2 0.1 0.1 0.1 0.1 0.1 0.6 
Turkey 0.1 0.1 0.1 0.1 0.1 0.1 0.1 
Commonwealth of 
Independent States (CIS) 0.4 0.2 0.4 0.3 0.4 0.5 0.4 
Russian Federation 0.2 0.2 0.3 0.2 0.3 0.3 0.3 
Africa 0.3 0.5 0.7 0.4 0.4 0.5 0.4 
South Africa  0.1 0.1 0.1 0.1 0.1 0.2 0.2 
Nigeria 0.0 0.1 0.1 0.1 0.1 0.1 0.0 
Middle East 0.3 0.4 0.4 0.4 0.4 0.5 0.5 
Saudi Arabia 0.1 0.2 0.2 0.2 0.1 0.2 0.2 
Israel 0.2 0.2 0.2 0.2 0.2 0.2 0.2 
Asia 27.1 28.2 27.9 30.9 31.8 30.4 30.3 
China 9.5 10.6 11.2 13.9 15.1 14.9 15.0 
Japan 6.0 5.8 5.3 4.9 5.0 4.7 4.7 
Six East Asian 
Traders 9.5 9.9 9.5 9.9 9.3 8.5 8.0 
Korea, Republic of 4.1 4.5 4.4 4.7 4.2 3.9 3.6 
Chinese Taipei  1.9 2.1 2.2 2.0 1.9 1.6 1.6 
Malaysia 1.7 1.7 1.5 1.7 1.8 1.6 1.3 
Thailand 0.7 0.7 0.7 0.8 0.9 0.9 1.0 
Singapore 0.8 0.7 0.6 0.6 0.5 0.3 0.4 
Hong Kong, China 
SAR 0.2 0.2 0.2 0.1 0.1 0.1 0.1 
Other Asia 2.0 1.9 1.9 2.2 2.3 2.4 1.2 
India 0.4 0.4 0.4 0.5 0.6 0.7 0.8 
Philippines 0.5 0.4 0.4 0.5 0.5 0.5 0.4 
Indonesia 0.3 0.3 0.3 0.4 0.4 0.4 0.3 
Other 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
a Data from the authorities. 
Source: WTO Secretariat estimates, based on data fro m the Comtrade database (SITC Rev.3) and data from 
the authorities for 2012. WT/TPR/S/279/Rev.1 • Mexico 
 
- 184 - 
  Table A2.1 Selected notifications to  the WTO, October 2007 - August 2012 
WTO Agreement Description of 
requirement Frequency WTO document (date) 
General Agreement on Tariffs and Trade 
Article XXIV:7(a) Free trade areas Once only WT/REG308/N/1 (22/02/2012) 
WT/REG289/N/1/Add.1 (15/12/2011) 
WT/REG289/N/1 (14/09/2010) 
WT/REG126/N/1/Add.1 (31/08/2009) 
WT/REG198/N/1/Add.1 (17/10/2007) 
WT/REG198/N/2/Corr.1 (17/10/2007) 
WT/REG198/N/2 (03/10/2007)   
General Agreement on Trade in Services  
Article III:4 
and/or IV:2 Enquiry points Once only S/ENQ/78/Rev.12 (22/12/2010) 
Article V:7(a) Regional trade 
agreement Once only S/C/N/616, WT/REG308/N/1 (22/02/2012) 
S/C/N/563, WT/REG289/N/1 (14/09/2010) 
Agreement on Agriculture  
Articles 5.7 and 18.2 Special safeguard 
(Table MA:5) On an annual 
basis  G/AG/N/MEX/19 (11/03/2009) 
Articles 10 and 18.2 Export subsidies 
(Tables ES:1 and 
ES:2) On an annual 
basis G/AG/N/MEX/20 (15/11/2010) 
G/AG/N/MEX/8/Rev.1 (07/02/2008) 
G/AG/N/MEX/16 (07/02/2008) 
G/AG/N/MEX/17 (07/02/2008) 
Articles 10 and 18.2 Export subsidies 
(Table ES:2) On an annual 
basis G/AG/N/MEX/15 (07/02/2008) 
Article 18.2  Domestic support 
(Table DS:1) On an annual 
basis G/AG/N/MEX/13/Rev.3 (12/01/2011) 
G/AG/N/MEX/21 (15/11/2010) 
G/AG/N/MEX/13/Rev.2 (25/10/2007) 
G/AG/N/MEX/13/Rev.1/Corr.1 (14/09/2007) 
Article 18.2  Tariff quotas 
(Table MA:2) On an annual 
basis G/AG/N/MEX/18 (11/03/2009) 
Article 18.3  Domestic support 
(Table DS:2) On an annual 
basis G/AG/N/MEX/22 (12/11/2010) 
Agreement on the Application of Sanitary and Phytosanitary Measures  
Article 7, Annex B Regulations Once only, 
subsequently 
notification of 
changes G/SPS/N/MEX/207/Add.5 (24/08/2012)b 
Agreement on Technical Barriers to Trade  
Article 2.10  Proposed and adopted 
technical regulations Before or, in 
cases of 
emergency, 
immediately after 
a measure is 
taken G/TBT/N/MEX/227 (29/03/2012) 
G/TBT/N/MEX/4/Add.3 (23/08/2012) 
G/TBT/N/MEX/4/Add.1 (26/01/2012) 
Article 2.9  Proposed and adopted 
technical regulations Before or, in 
cases of 
emergency, 
immediately after a measure is taken G/TBT/N/MEX/241 (30/08/2012)
a 
G/TBT/Notif.99/374/Add.4 (17/07/2012)a 
Article 5.6 Proposed and adopted 
technical regulations Before or, in 
cases of 
emergency, 
immediately after 
a measure is 
taken G/TBT/N/MEX/31/Add.1 (14/10/2011) 
Article 5.7 Proposed and adopted 
technical regulations Before or, in 
cases of emergency, immediately after 
a measure is 
taken G/TBT/N/MEX/28/Add.1/Corr.1 (07/10/2009) WT/TPR/S/279/Rev.1 • Mexico 
 
- 185 - 
  WTO Agreement Description of 
requirement Frequency WTO document (date) 
Article 10.7 Agreements related to 
technical regulations, 
standards or 
conformity assessment 
procedures Ad hoc G/TBT/10.7/N/110 (12/06/2012) 
Article 15.2 Implementation and 
administration 
measures Once only, 
subsequently 
notification of changes G/TBT/2/Add.14/Suppl.1 (28/10/2008) 
Agreement on Implementation of Article VI of  the General Agreement on Tariffs and Trade 1994 
(Anti-Dumping Agreement)  
Article 16.4   Anti-dumping actions On a semi-annual 
basis 
Ad hoc - Note by 
the Secretariat G/ADP/N/230/MEX (13/08/2012)a 
G/ADP/N/232 (10/08/2012)a 
Article 16.5 Investigating authority Once only, 
subsequently 
notification of 
changes G/ADP/N/14/Add.27 (28/04/2009) 
G/SCM/N/18/Add.27 (28/04/2009) 
Agreement on Import Licensing Procedures 
Articles 1.4(a) 
and 8.2(b) Legislation concerning 
import licensing 
procedures  Once only, 
subsequently 
notification of 
changes G/LIC/N/1/MEX/3 (18/01/2010) 
Article 7.3 Questionnaire On an annual 
basis G/LIC/N/3/MEX/3 (18/01/2010) 
Agreement on Subsidies and Countervailing Measures 
Article 25.1 and 
GATT Article XVI:1 Subsidies On an annual 
basis (changes);  every three years 
(full notification) G/SCM/N/123/MEX (02/12/2011) 
G/SCM/N/155/MEX (02/12/2011) G/SCM/N/186/MEX (02/12/2011) 
G/SCM/N/95/MEX (02/12/2011) 
G/SCM/N/220/MEX (16/06/2011) 
Article 25.11   Reports - Actions 
taken with respect to 
countervailing duties On a semi-annual 
basis G/SCM/N/242/MEX (08/08/2012)b 
 
Article 25.12   Investigating authority Once only, 
subsequently 
notification of 
changes G/ADP/N/14/Add.27 (28/04/2009) 
G/SCM/N/18/Add.27 (28/04/2009) 
Agreement on Safeguards  
Withdrawal Investigation Once only, when 
terminating an investigation with 
no measure 
imposed G/SG/N/9/MEX/1 (12/04/2012) 
Article 12.1(a)  Investigation Once only, upon 
initiating an 
investigatory 
process relating 
to serious injury 
or threat thereof G/SG/N/6/MEX/2 (19/07/2010) 
a Refers only to the date of  the most recent document. 
b Regular notifications - refers only to the most recent notification. 
Source: WTO Secretariat. WT/TPR/S/279/Rev.1 • Mexico 
 
- 186 - 
  Table A2.2 WTO dispute settlement cases involving Mexico, 2007-2012a  
Description of dispute (c omplainant/respondent) 
Complaints filed by Mexico 
Mexico/Argentina  Documents DS446, subject: Measures affecting the importation of goods 
Request for consultations:  24 August 2012 
Establishment of a panel: - 
Panel report (circulation):   - 
Status:  In consultations 
Mexico/China  Documents DS398, subject: Measures related to the exportation of various raw 
materials. 
Request for consultations:  21 August 2009 
Establishment of a panel: 21 December 2009 
Panel report (circulation):   5 July 2011 
Status:  Appeal in August-September 2011 and 
Appellate Body report circulated in January 2012. 
Reports adopted in February 2012. 
Mexico/China  Documents DS388, subject: Grants, loans and other incentives. 
Request for consultations:  19 December 2008 
Establishment of a panel: - 
Panel report (circulation):   - 
Status:  In consultations. 
Mexico/United States  Documents DS386, subject: Certain country of origin labelling requirements. 
Request for consultations:  17 December 2008 
Establishment of a panel: 19 November 2009 
Panel report (circulation)   18 November 2011 
Status:  Appeal in March 2012 and Appellate Body report 
circulated in June 2012. Reports adopted 
in July 2012. 
Mexico/United States  Documents DS381, subject: Measures concerning the importation, marketing 
and sale of tuna and tuna products. 
Request for consultations:  24 October 2008 
Establishment of a panel: 20 April 2009 
Panel report (circulation):   15 September 2011 
Status:  Appeal in January 2012 an d Appellate Body report 
circulated in May 2012. Reports adopted 
in June 2012. 
Participation of Mexico as a third party 
Ukraine/Australia 
  Documents DS434, subject: Certain measures concerning trademarks and other 
plain packaging requirements applicable to tobacco 
products and packaging. 
Request for consultations:  13 March 2012 
Establishment of a panel: 28 September 2012 
Panel report (circulation):   - 
Status:  Panel established, but not yet composed. 
United States/China 
  Documents DS427, subject: Anti-dumping and countervailing duty measures on 
broiler products from the United States. 
Request for consultations:  20 September 2011 
Establishment of a panel: 20 January 2012 
Panel report (circulation):   - 
Status: Panel composed. 
EU/Canada  Documents DS426, subject: Measures relating to the feed-in tariff programme. 
Request for consultations:  11 August 2011 
Establishment of a panel: 20 January 2012 
Panel report (circulation):   - 
Status:  Panel composed. 
Republic of Korea/ 
United States Documents DS420, subject: Anti-dumping measures on corrosion-resistant 
carbon steel flat products from Korea. 
Request for consultations:  31 January 2011 
Establishment of a panel: 22 February 2012 
Panel report (circulation):   - 
Status:  Panel established, but not yet composed. WT/TPR/S/279/Rev.1 • Mexico 
 
- 187 - 
  Description of dispute (c omplainant/respondent) 
Vietnam/United States  Documents DS404, subject: Anti-dumping measures on certain shrimp 
from Viet Nam. 
Request for consultations:  5 December 2010 
Establishment of a panel: 18 May 2010 
Panel report (circulation):   11 July 2011 
Status: Report adopted in  September 2011. 
Japan/Canada  Documents DS412, subject: Certain measures affecting the renewable energy 
generation sector. 
Request for consultations:  13 September 2010 
Establishment of a panel: 20 July 2011 
Panel report (circulation):   - 
Status: Panel composed. 
Indonesia/United States Documents DS406, subject: Measures affecting the production and sale of clove 
cigarettes. 
Request for consultations:  7 April 2010 
Establishment of a panel: 20 July 2010 
Panel report (circulation):   2 September 2011 
Status:   Appeal in January 2012 an d Appellate Body report 
circulated in April 2012. Reports adopted 
in April 2012. 
United States/ 
Philippines Documents DS403, subject: Taxes on distilled spirits. 
Request for consultations:  14 January 2010 
Establishment of a panel: 20 April 2010 
Panel report (circulation):   15 August 2011 
Status: Appeal in September 20 11 and Appellate Body 
report circulated in December 2011. Reports 
adopted in January 2012. 
European 
Communities/Philippines  Documents DS396, subject: Taxes on distilled spirits. 
Request for consultations:  29 July 2009 
Establishment of a panel: 19 January 2010 
Panel report (circulation):   15 August 2011 
Status: Appeal in September 20 11 and Appellate Body 
report circulated in December 2011. Reports 
adopted in January 2012. 
United States/China Documents DS394, subject: Measures related to the exportation of various raw 
materials. 
Request for consultations:  23 June 2009 
Establishment of a panel: 21 December 2009 
Panel report (circulation):   5 July 2011 
Status: Appeal in August-September 2011 and Appellate 
Body report circulated in January 2012. Reports 
adopted in February 2012. 
EU/China Documents DS395, subject: Measures related to the exportation of various raw 
materials. 
Request for consultations:  23 June 2009 
Establishment of a panel: 21 December 2009 
Panel report (circulation):   5 July 2011 
Status: Appeal in August-September 2011 and 
Appellate Body report circulated in January 2012.  
Reports adopted in February 2012. 
Canada/European 
Communities Documents DS400, subject: Measures prohibiting the importation and marketing 
of seal products. 
Request for consultations:  2 November 2009 
Establishment of a panel: 25 March 2011 
Panel report (circulation):   -  
Status:  Panel composed on 4 October 2012. 
Norway/European 
Communities Documents DS401, subject: Measures prohibiting the importation and marketing 
of seal products. 
Request for consultations:  5 November 2009 
Establishment of a panel: 21 April 2011 
Panel report (circulation): - 
Status: Panel composed on 4 October 2012. WT/TPR/S/279/Rev.1 • Mexico 
 
- 188 - 
  Description of dispute (c omplainant/respondent) 
Republic of Korea/ 
United States Documents DS402, subject: Use of zeroing in anti-dumping measures involving 
products from Korea. 
Request for consultations:  24 November 2009 
Establishment of a panel: 18 May 2010 
Panel report (circulation):   18 January 2011 
Status:  Implementation notified by respondent in 
December 2011. 
Canada/United States Documents DS384, subject: Certain country of origin labelling (COOL) 
requirements. 
Request for consultations:  1 December 2008 
Establishment of a panel: 19 November 2009 
Panel report (circulation):   18 November 2011 
Status: Appeal in March 2012. Appellate Body report 
circulated in June 2012. Reports adopted 
in July 2012. 
Brazil/United States Documents DS382, subject: Anti-dumping administrative reviews and other 
measures related to imports of certain orange juice 
from Brazil. 
Request for consultations:  27 November 2008 
Establishment of a panel: 25 September 2009 
Panel report (circulation):   25 March 2011 
Status:  Report adopted in June 2011. 
China/United States Documents DS379, subject: Definitive anti-dumping and countervailing duties 
on certain products from China. 
Request for consultations:  19 September 2008 
Establishment of a panel: 20 January 2009 
Panel report (circulation):   22 October 2010 
Status:   Appeal in December 2010 and Appellate Body 
report circulated in March 2011. Reports adopted 
in March 2011. 
a This table only covers dispute settlement cases in which requests for consultations were submitted 
between October 2007 and October 2012. 
Source: WTO Secretariat. WT/TPR/S/279/Rev.1 • Mexico 
 
- 189 - 
  Table A3. 1 Preferential tariff summary, 2012 
 Total Agricultural products 
(WTO definition) Non-agricultural 
products 
(WTO definition) 
Averagea Duty-free 
lines (%) Averagea Duty-free 
lines (%) Averagea Duty-free 
lines (%) 
MFN 6.2 58.3 20.9 21.6 4.6 62.4 
       
FTAs       
United States 0.0 99.8 0.0 99.4 0.0 99.9 
Canada 0.6 99.0 6.1 90.7 0.0 99.9 
European Union 1.2 97.0 12.4 71.6 0.0 99.8 
Uruguay 1.4 95.2 10.2 77.5 0.4 97.2 
Colombia 1.3 96.5 12.0 68.8 0.1 99.5 
Costa Rica 0.9 98.6 9.1 87.5 0.0 99.8 
Guatemala 1.0 97.7 9.0 85.7 0.2 99.1 
El Salvador 1.1 97.8 9.7 84.9 0.1 99.2 
Honduras 1.0 97.8 8.7 86.3 0.2 99.0 
Chile 0.2 99.3 2.4 94.5 0.0 99.8 
Nicaragua 0.1 99.6 1.5 96.9 0.0 99.9 
Peru 2.6 86.7 16.0 45.7 1.1 91.2 
Japan 2.5 75.4 13.0 54.8 1.4 77.7 
Switzerland 1.9 92.9 19.5 30.4 0.0 99.8 
Norway 2.1 92.2 20.7 23.2 0.0 99.8 
Iceland 2.0 92.5 20.4 26.0 0.0 99.8 
Israel 2.2 91.7 20.0 28.5 0.2 98.7 
Partial scope 
agreements       
Plurinational State 
of Bolivia ACE 66 0.6 98.3 6.1 84.3 0.0 99.9 
Argentina ACE 55 6.1 58.9 20.9 21.6 4.5 63.0 
Brazil ACE 55 6.1 59.5 20.9 21.6 4.5 63.6 
Uruguay ACE 55 6.1 59.4 20.9 21.6 4.5 63.6 
Argentina ACE 6 5.4 63.5 20.1 24.5 3.8 67.8 
Brazil ACE 53 5.9 59.9 19.5 28.3 4.4 63.4 
Cuba ACE 51 
(domestic market) 6.2 58.3 20.9 21.6 4.6 62.4 
Cuba ACE 51 
(border region) 6.2 58.3 20.9 21.6 4.6 62.4 
Ecuador APR 29 6.1 59.0 20.7 22.1 4.5 63.0 
Paraguay ACE 38a n/a n/a n/a n/a n/a n/a 
Panama APA 25 6.2 58.3 20.8 21.6 4.6 62.4 
Other agreements       
Argentina PAR 4 5.4 58.3 18.7 21.6 4.0 62.4 
Brazil PAR 4 5.4 58.3 18.7 21.6 4.0 62.4 
Cuba PAR 4 5.1 58.3 17.9 21.6 3.7 62.4 
Ecuador PAR 4 4.6 58.3 16.6 21.6 3.3 62.4 
Paraguay PAR 4 4.3 58.3 15.7 21.6 3.1 62.4 
Ecuador ARAM 2 6.1 59.0 20.5 23.6 4.5 62.9 
Paraguay ARAM 3 6.1 58.9 20.4 23.7 4.5 62.8 
LAIA ACE 7 6.2 58.4 20.9 21.6 4.6 62.4 
a No calculations are possible, as the data for this agreement has not yet been updated to reflect 
either the HS 2002 or HS 2007 nomenclature.  The authorities indicated that the updating process 
was under way.  
Note:  The average rates in this table reflect market access according to the agreement concerned and take 
into account MFN tariffs.  The tariff associated with a tariff line considered for the purpose of 
calculating the average rate will be the MFN tariff or the preferential tariff, whichever is lower.  
Where a product comes under the heading "Bypro ducts", the preferential tariff used for the 
calculation is that under the heading "Other", which is considered potentially to cover the majority of byproducts within a category.  Depending on the ca se concerned, this tari ff is not necessarily the 
lowest within a category with multiple byproducts. 
Source: WTO Secretariat, based on data from the Mexican authorities. WT/TPR/S/279/Rev.1 • Mexico 
 
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  Table A3. 2 National Foreign Trade Bank (B ancomext) credits and financial services 
Type of 
credit/service Description Beneficiaries 
 Credits  
Working capital 
credit Intended to finance a company's 
export-related production activities, such as: 
a. production; 
b. the purchasing of do mestic or imported raw 
materials; 
c. the compilation or maintenance of 
inventories; 
d. direct export sales; and 
e. the construction and fitting out of industrial 
warehouses for sale or lease purposes. a. Export companies or suppliers; 
b. Companies with revenues in foreign 
currencies, and their suppliers; 
c. Companies manufacturing import 
substitutes; 
d. Mexican companies importing raw 
materials, inputs or components to 
make products for the international 
market. 
Investment 
project loans Loans above US$3 million to support 
investment projects relating to production and 
storage facilities, including the acquisition of 
machinery and equipment. 
Equipment loans Provide support to acquire domestically 
manufactured or imported machinery and 
equipment with a view to the growth and 
modernization of production facilities. 
Syndicated loans Cover any corporate financing need. 
Bancomext may participate in syndicated loans as an agent bank or an invited bank. a. Companies wishing to cover 
corporate financing needs such as those relating to working capital, investment projects  and infrastructure 
projects; b.
 Companies engaged in direct or 
indirect export activities and suppliers of companies with revenues in foreign 
currencies; c.
 Companies manufacturing import 
substitutes. 
Structured loans  Alternative project-funding schemes for 
amounts of US$10 million or more which 
enable Mexican companies to compete in 
international public tenders, whether in Mexico 
or abroad. a. Companies requiring funding to 
cover the costs of developing national 
and international projects; 
b. Companies engaged in direct or 
indirect export activities and suppliers 
of companies with revenues in foreign 
currencies; 
c. Companies manufacturing import 
substitutes. 
Corporate loans Allow for the structurin g of funding schemes 
specific to the corporate needs of a company and/or the type of asset to be financed. a. Holding companies or corporate 
group subsidiaries wishing to cover revolving or permanent corporate working capital needs; b. Companies engaged in direct or indirect export activities and suppliers of companies with revenues in foreign 
currencies; c.
 Companies manufacturing import 
substitutes. 
Foreign trade 
inventory 
financing Bancomext buys, at a price established at the 
time of the operation, deposit certificates 
issued by general deposit warehouses which 
cover foreign trade inputs or products, and 
undertakes to return the certificates to the 
original holder, in exchange for payment of 
the same price plus a premium agreed in 
advance. Legal or natural persons engaged in 
business activity, with strategic 
inventories of eligible products. 
Industrial warehouse loans Cover industrial infrastru cture in general, as 
well as the construction and acquisition of industrial warehouses.  May also cover the 
payment of liabilities used for the development of industrial infrastructure. Construction and real estate 
companies, industrial warehouse developers; the beneficiary or its shareholders must preferably have a minimum of five years' experience in the industry. WT/TPR/S/279/Rev.1 • Mexico 
 
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  Type of 
credit/service Description Beneficiaries 
 Loans for exporting and importing SMEs   
Funding 
programme for exporting and importing SMEs Provides funding through financial 
intermediaries to meet different types of needs relating to working capital, the purchasing of raw materials, machinery and equipment, investment projects and letters of 
credit. a. Companies or natural persons 
engaged in business activity, direct or 
indirect exporters (supplier of major exporter); b. Companies importing raw materials 
or machinery requiring less 
than US$3 million. 
Bancomext - 
Jalisco Business 
Development 
Fund programme Provides funding through financial 
intermediaries. Micro, small and medium-sized 
enterprises and natural persons 
engaged in business activity, whether 
direct or indirect exporters, from the 
state of Jalisco. 
 Guarantees  
Endorsements 
and guarantees Makes it possible to support payment or 
contractual commitments that are assumed by 
companies when conducting their export-
related production or commercial activities. a. Companies and natural persons 
engaged in export activity; 
b. Suppliers of inputs to exporters; 
c. Companies with revenues in foreign 
currencies and their suppliers; 
d. Companies manufacturing import 
substitutes; 
e. Mexican companies importing raw 
materials, inputs or components to 
make products for the international 
market. 
Buyer guarantee Bancomext provides guarantees with a view to 
foreign financial intermediaries financing, in their countries, buyers of Mexican products and/or services.  With this support, importers 
may acquire Mexican goods or services on 
credit, while Mexican exporters receive payment in cash. Mexican exporters needing to supply 
customers abroad; financing options for the purchase of Mexican products and/or services. 
Stock-market 
guarantees Partial guarantee of principal and/or interest 
payments derived from the issuing of 
commercial paper, stock market certificates or 
any other instrument used in the domestic or 
foreign stock market to improve the ratings of 
companies that need financing for equipment 
operations, technological projects, etc. a. Export companies or suppliers; 
b. Companies with revenues in foreign 
currencies, and their suppliers; 
c. Companies manufacturing import 
substitutes; 
d. Mexican companies importing raw 
materials, inputs or components to 
make products for the international 
market. 
 Letters of credit   
Export letters of 
credit Payment instrument rece ived by an exporter 
through a confirming/advising bank with the 
commitment to honour payment in his favour, 
upon presentation in due form of documents 
relating to the sale of goods or the provision of 
services, which mu st strictly comply with the 
terms and conditions stipulated in the letter of 
credit issued by an issuing bank acting on 
behalf and on the orders of an 
importer/buyer/agent. Mexican export companies. 
Import or 
domestic letters of credit Conditional payment orders issued by a credit 
institution (issuing bank) on behalf and on the orders of a legal person (importer/buyer/agent) in favour of another 
(exporter/seller/beneficiary), with the commitment to honour the payment in his favour, through another credit institution, upon presentation of certain documents relating to the sale of goods or the provision of services. a. Mexican companies importing goods 
and/or services (raw  materials, inputs 
or components for their production processes and/or finished products). b. Public sector enterprises. 
 International factoring  
International export factoring Provides financing, risk coverage and services 
to administrate and reco ver the receivables of 
Mexican export companies. Mexican export companies WT/TPR/S/279/Rev.1 • Mexico 
 
- 192 - 
  Type of 
credit/service Description Beneficiaries 
International 
import factoring Provides risk coverage to Mexican companies 
for their purchases abroad. Mexican companies importing products 
and/or services from abroad. 
 Insurance  
Credit insurance 
against political 
risks - 
Export In the case of export credit sales, credit 
insurance covers the failure to pay sums due 
on account of measures taken by the 
authorities in the country of the debtor 
(e.g. economic or balance-of-payment crises).  Mexican exporters 
Credit insurance 
against commercial risks This insurance covers bankruptcy, suspension 
of payments or extended delays in payments. Mexican exporters 
Source: Bancomext website, viewed in August 2012: 
http://www.bancomext.com/Bancomext/secciones/home.html e Informe de Rendición de Cuentas de 
Bancomext 2006-2016 . WT/TPR/S/279/Rev.1 • Mexico 
 
- 193 - 
  Table A3. 3 Federal financial incentive pr ogrammes for businesses, October 2012 
Federal Government agency or body 
National Finance Company 
Production chain programme:  
Aimed at small and medium-sized companies that have business links with large companies or government 
institutions.  The programme offers various types of financial product. 
Business programmes:  
Consist of various types of loans covering different se ctors and needs, e.g. suppo rt programme for software 
development companies; financing pr ogramme for the leather and footwe ar sector; support programme for 
sustainable renewable energy development projects; do ugh and tortilla industry modernization programme, 
etc.  A full list of the 29 programmes may be view ed at: www.nafin.com/portalnf/content/productos-y-
servicios/programas-empresariales.  
Guarantee programme:  
Aimed at all types of companies. Seeks to encourage lending to companies by gr anting capital recovery 
guarantees to financial intermediaries.  
SME loan programme:  
Loans for small and medium-sized enterprises. 
Ministry of the Economy (excluding foreign trade programmes) 
México Emprende trust fund (National Guarantee System): Facilitates access to credit and financing for micro, small and medium-sized enterprises through guarantees.  
Trust fund for the development of national su ppliers and contractors for the State petroleum 
industry: 
Financial support and technical assistance to promote the development of suppliers and contractors for the 
petroleum industry.  
Support fund for micro, small and medium-sized enterprises (MSME): 
Provides financial support under various sche mes. See: www.fondopy me.gob.mx/index_b.asp.  
Technological innovation fund: 
Financial support for micro, small and medium-sized enterprises, and entrepre neurs, that develop or 
implement technological innovation and development activities.  This trust fund was established by the 
Ministry of the Economy and the Nati onal Science and Technology Council.  
Debt market for companies: 
Provides financing to strengthen companies wishing to issue debt on the stock market.  
Logistics and supply centre competitiveness programme (PROLOGYCA): 
Temporary subsidies and projects that promote the competitiveness of companies providing logistics and 
supply services. 
Programme for the development of high ‑technology industries (PRODIAT):  
Provides temporary support for th e adoption of new technologies. 
Software industry developm ent programme (PROSOFT): 
Provides financial support to companies in the information technology industry. 
Seed capital programme:  
Provides temporary financial support for starting up bu sinesses based on entreprene urship projects incubated 
by business incubators from the Ministry of the Economy's national business incubation system. 
Production project programme: 
Provides funding for product marketing and technologi cal innovation. This suppo rt is destined for the 
acquisition and installation of industrial machinery and equipment; the installation and equipping of units 
ancillary to production; and training and technical guidance for community- based groups that need funding to 
enhance or increase their production and other income-generating activities.  
National programme for "gazelle" companies: 
Provides economic support for consul ting services, product marketing and product innovation to companies 
with a high development potential, regardless of sect or. Also provides assistance to access sources of 
financing.  
National franchise programme:  
Provides loans to cover the cost of the franchise, and economic support for advisory services when seeking to 
convert a business into a franchise. 
National microenterprise programme:  
Provides funding for training and advisory services and the acquisition of equipment for microenterprises. 
Programme for job creation in deprived areas:  
Provides funding for establishing production sites.  Un der this programme, the Mini stry of Finance and Public 
Credit grants loans and guarantees for acquiring equi pment and modernizing infrastructure.  The programme 
also establishes tax incentives. 
National Science and Tech nology Council (CONACYT) 
Mixed funds (trust fund): 
Provides economic support for scientific research and technological development in educational institutions, 
companies and other entities registered in the National Re gister of Scientific and Technological Institutions and 
Companies.  WT/TPR/S/279/Rev.1 • Mexico 
 
- 194 - 
  Federal Government agency or body 
Sectoral funds (trust funds):  
Support technological research and development projects and may be gr anted to any type of company or 
educational institution. 
Innovation encouragement programmes:  
Provides economic incentives to companies engaged in technological research and development activities. 
Programmes to encourage research, technological development and innovation:  
Provide economic support to companies of any size th at invest in research and technological development 
projects and the creation of new products, processes or services. 
Ministry of Tourism 
Competitiveness support programme for micro, small and medium-siz ed enterprises in the tourism 
sector:  
Provides funding, training, advice and su pport to companies in the tourism sector. 
Source: Financing and federal support programme catalogue, ProMéxico 2011 (viewed at:  
http://www.promexico.gob.mx/wo rk/models/promexico/Interactivos/Catalogo_de_Programas_Feder
ales_de_Apoyo_2010.pdf ); Ministry of the Economy and Minist ry of Tourism websites (viewed at: 
www.economia.gob.mx/mexico-emprende/programas  and 
http://www.sectur.gob.mx/es/sectur/sect_Pr ograma_de_Apoyo_a_la_Competitividad_de_las ). WT/TPR/S/279/Rev.1 • Mexico 
 
- 195 - 
  Table A3. 4 Mexico's intellectual property regime - Selected trade policy issues, 2012 
Brief description of relevant provisions Legal basis or source 
1. General and other provisions 
A. Exceptions to national treatment or MFN treatment 
No exceptions to national treatment or MFN treatment in the context of judicial and 
administrative procedures  
B. Exhaustion of rights 
Trademarks: unofficial distributors may not limit imports of goods placed on the market in 
another country with the consent of the right holder. Also applies to official distributors.  
Copyright: right holders may authorize or prohibit the importation of a work.  
Patents: parallel imports are not allowed. WTO document 
WT/TPR/S/195/Rev.1 of 
2 May 2008; Art. 92, 
point II, of the 
Industrial Property 
Law; Article 27, point 
V, of the Federal Law 
on Copyright; and 
Article 25 of the 
Industrial Property Law 
2. Copyright and related rights 
A. Protected subject matter 
"The works protected by this Law are originally-created works which may be disclosed or 
reproduced in any form or medium". Article 3 of the Federal 
Law on Copyright 
Databases that are not original are protected during a period of five years for the exclusive use of the person who developed them. Article 108 of the 
Federal Law on Copyright 
B. Protected works 
The purpose of the Public Copyright Register is to ensure the legal security of intellectual property right holders and to afford suffici ent publicity to works through registration. 
Entries in the Register are based on the assumption that the facts and circumstances to which they relate are true, in the absence of proof to the contrary, are declarative and 
establish the legal presumption of ownership in favour of those making the entry, but do 
not constitute rights.
 Entries shall state the name of the author and, where applicable, the 
date of his death, his nationality and his address, the title of the work, the date of disclosure, whether the work is on commission and the identity of the owner of the economic rights. Articles 162 and 168 of 
the Federal Law on Copyright 
C. Rights conferred 
Authors are conferred moral and economic rights. Articles 18 to 23 and 24 
to 29 of the Federal 
Law on Copyright 
Performers have the right to receive remuneration for the use of their performances; to 
have their name associated with their performances; to object to the communication of their performances to the public; to the fixing of their performances in a physical medium; 
to the reproduction of such a fixation of th eir performances; and to any other adverse act 
that might damage their prestige or reputation. Articles 117 and 118 of 
the Federal Law on Copyright 
Producers of phonograms are entitled to receiv e remuneration for the use or exploitation of 
their phonograms when for profit-making pu rposes and to authorize or prohibit the 
reproduction and exploitation thereof, the importation of copies made without their 
authorization, the distribution of phonograms to  the public including by means of signals or 
broadcasts, their adaptation or transformation, and their rental, even after they have been sold (provided that the owners of the economic rights have not reserved this for themselves). Articles 131 and 131 
bis of the Federal Law 
on Copyright 
Broadcasting organizations have the right to auth orize or prohibit the following in relation to 
their broadcasts: retransmission, deferred transmission, distribution, fixation in a material medium and reproduction ther eof, and communication to the public for profit-making 
purposes. Article 144 of the 
Federal Law on Copyright 
D. Permitted exceptions 
The law defines limitations for reasons of public interest, and on economic rights. 
Limitations on economic rights provide that disclosed literary and artistic works may be 
used without the consent of the economic righ ts owner and without re muneration only in 
certain cases. Such cases include, among ot hers, quotation of texts; reproduction of 
articles; reproduction of parts of the work for the purposes of scientific, literary or artistic 
criticism and research; reproduction of a work once and in a single copy for personal and 
private use; and reproduction, communication and distribution in drawings, paintings, 
photographs and audiovisual processes of work s that are visible from public places. The 
following may also be done without authorization: use of literary and artistic works in establishments open to the public that trade in copies of the said works, and ephemeral 
recordings (both subject to conditions). The use of performances, phonograms, videograms 
or broadcasts does not constitute a violation of rights where no direct economic benefit is sought, only short fragments are used for information on current events, the use is made for educational or scientific research purposes, or in other cases defined in the law. 
Accession to the Brussels Act (1948) with the following reservation: Article 8 of the Act is 
replaced by Article 5 of the Berne Convention of 1886, as amended by Article 1, Number III, of the Paris Additional Act of 1896, with regard to the exclusive right of translation. Articles 147 to 151 of 
the Federal Law on 
Copyright WT/TPR/S/279/Rev.1 • Mexico 
 
- 196 - 
  Brief description of relevant provisions Legal basis or source 
E. Term of protection 
Life of the author and 100 years after his death; where the work belongs to two or more 
co-authors, the 100 years shall be counted as from the death of the last co-author.  The protection is the same for any type of work. Article 29 of the Federal 
Law on Copyright 
Performers are granted protection for 75 years beginning from the first fixing of the performance in a phonogram, the first performance of works not recorded on phonograms, or the first transmission by radio, television or other medium. Producers of phonographs are granted protection  for 75 years following the first fixation of 
the sounds on the phonogram. The term for pr oducers of videograms is 50 years from the 
first fixing of the images on the videogram. Broadcasting organizations ar e granted protection for 50 years from the first original 
broadcasting or transmission of a programme. Articles 122, 134, 138 
and 146 of the Federal Law on Copyright 
3. Trademarks 
A. Protected subject matter 
"The following signs may constitute trademarks: visible names and figures that are 
sufficiently distinctive and capable of identifying the products or services to which they are 
applied, or are intended to be applied, compar ed with others of the same type or category; 
three-dimensional shapes; commercial names and company or business names, provided 
that they are not covered by the following Article; and the proper name of an individual, 
provided that it is not the same as a registered trademark or published commercial name." Article 89 of the 
Industrial Property Law  
"A trademark shall be understood to be any vi sible sign that distinguishes products or 
services from others of the same type or category in the market." Article 88 of the 
Industrial Property Law 
B. Protection requirements 
The right to the exclusive use of trademarks may only be obtained through their 
registration. Article 87 of the 
Industrial Property Law 
"The filing date shall determine precedence between applications." Article 121 of the 
Industrial Property Law 
The non-use for three consecutive years of a trademark gives grounds for the lapse of a 
registration (exceptions apply). Renewal of a registration requires attesting the use of the 
trademark, with such use not having been interrupted, without just cause, for a period 
equal to or longer than three years. Articles 130 and 134 of 
the Industrial Property 
Law 
The registration of a trademark is invalid when, inter alia , it is identical or confusingly 
similar to another that has been used in the country or abroad prior to the filing date 
(subject to conditions); it was granted in error; or the agent of the owner of a trademark 
registered abroad secures the registration of  the trademark or of a confusingly similar 
trademark in his own name, without the express consent of the owner of the foreign 
trademark. There are no special requirements regarding use. Article 151 of the 
Industrial Property Law 
C. Well-known trademarks 
An application for a declaration to the effect that a trademark is well known must be filed in 
writing. To obtain such a declaration the applicant must provide, inter alia , the following 
information: the sector of the public that identifies the trademark with the products or 
services that it protects; the commercial circles connected with the type of products or 
services, which identify the trademark with the products or services that it protects; the 
date of its first use; the period of continued use and actual advertising of the trademark; 
the marketing channels and methods of dissemination; the actual geographical area of 
influence of the trademark; the registrations of the trademark; and the percentage of its 
share in the relevant market sector or segment. Any trademark declared or considered to 
be well known is protected, and its owner can therefore exercise the corresponding legal 
actions considered necessary to prevent the misuse of the trademark and the dilution of its 
distinctive character. In considering or declaring a trademark to be well known, the 
Institute's determination will take into account the provisions of Chapter II bis of the 
Industrial Property Law, which are consistent with WIPO's  Joint Recommendations 
Concerning Provisions on the Protection of Well-Known Marks. Articles 98 bis 2 and 98 
bis 4 of the Industrial 
Property Law 
D. Rights conferred 
The registration of a trademark grants owners the right to its exclusive use in industry or 
trade or in the services that they provide. Article 87 of the 
Industrial Property Law 
A trademark must be registered in Mexico to protect the products or services in which the 
notoriety or fame of the trademark originated. In order to obtain, from this Institute, a 
declaration to the effect that a trademark is well known, the trademark must be duly 
registered. However, the owner may take steps to initiate proceedings against persons or 
companies that are unduly using a well-known tr ademark, on the basis of the declaration to 
the effect that it is well known or, if the trademark is not registered, where IMPI considers 
it to be well known.  Article 98 bis 1 of the 
Industrial Property Law WT/TPR/S/279/Rev.1 • Mexico 
 
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  Brief description of relevant provisions Legal basis or source 
E. Permitted exceptions 
Registration of a trademark is not effective against, inter alia : a third party who, in good 
faith, used the same or a confusingly similar tr ademark in national territory for the same or 
similar products or services (subject to certain conditions); any person who markets, 
distributes, acquires or uses the product to which the registered trademark is applied, after 
that product has been lawfully introduced on to the market by the owner of the registered 
trademark or his licensee (this includes the import of lawful products to which the 
trademark is applied); or any natural or le gal person who applies his own name or his 
company or business name to the goods that he produces or distributes, to the services 
that he provides or to his places of business,  or who uses it as part of his trade name 
(subject to certain conditions). Article 92 of the 
Industrial Property Law 
F. Term of protection 
"The registration of a trademark shall have a te rm of 10 years, starting from the filing date 
of the application, and may be renewe d for periods of the same duration." Article 95 of the 
Industrial Property Law 
G. Licences 
Licences must be registered in order to be binding on third parties. Article 136 of the 
Industrial Property Law 
4. Geographical indications 
A. Protected subject matter 
An "appellation of origin" is understood to be th e name of a geographical region that is used 
to designate a product originating therein, the qualities or characteristics of which are due exclusively to the geographical environment, including both natural and human factors. The definition of GIs given in Article 22.1 of the TRIPS Agreement is also applicable. An indication of source is also defined, in accordance with the Paris Convention for the Protection of Industrial Property.  Article 156 of the Industrial Property Law limits appellations of origin (special geographical  indications) to the "name" of a region. 
In the case of appellations of origin, provisio n is only made for the protection of products. 
The definition of appellation of origin does  not discriminate between types of product. 
There is recognized protection for appellations of origin; geographical indications are protected in a preventive manner, because they cannot be registered. Article 156 of the 
Industrial Property Law; and WTO document IP/C/W/117/ Add.14 of 9 February 1999. WTO document IP/C/W/117/Add.14 
of 9 February 1999 
B. Protection requirements 
GIs may be protected in three different ways: by preventing the registration of certain 
marks; by preventing acts of unfair compet ition; and by means of the legal formula 
"appellation of origin". The application for a declaration of protection of an appellation of origin shall be made in writing and accompanied by the evidence on which the application 
relies and specific information. Articles 90, 156 to 159 
and 213 of the Industrial Property Law 
Geographical indications cannot be registered as trademarks. The use of a geographical name in a way that is misleading as to the geographical origin of the product may constitute an administrative offence.  Article 90 of the 
Industrial Property Law 
The Mexican State is the owner of the appellation of origin, which may only be used by virtue of an authorization. Article 167 of the 
Industrial Property Law 
C. Rights conferred 
The rights available are those established in Article 22 (all products) and Article 23 (wine and spirits) of the TRIPS Agreement, and any other international treaty signed by Mexico. Rights conferred on foreign holders vary according to their country of origin and whether they are party to the
 Lisbon Agreement for the Protection  of Appellations of Origin and 
Their International Registration and the following Agreements signed by Mexico: Agreement on Agriculture between the United Mexican States and the Republic of Iceland, signed in Mexico City on 27 November 2000;  Agreement on Agriculture between the United Mexican States and the Kingdom of Norway, signed in Mexico City on 27 November 2000; 
Agreement on Agriculture between the United Mexican States and Swiss Confederation, 
signed in Mexico City on 27 November 2000; Agreement between the United Mexican States and the European Union on the Mutual Recognition and Protection of Designations for Spirit Drinks. For appellations of origin, rights are recognised; for geographical indications, preventive protection exists, as they cannot be registered, and where they are registered, their nullification may be requested or an administrative offence may result if they are used in a way that is misleading as to the geographical origin of the product. Article 22 of the TRIPS 
Agreement and agreements signed by Mexico  
An authorization to use an appellation of origin is valid for ten years, starting from the date on which the application is filed, and may be renewed for equal periods. Articles 166 and 172 of 
the Industrial Property Law 
D. Permitted exceptions 
There are no limitations to the protection of ge ographical indications. Industrial Property Law 
5. Industrial designs 
A. Protected subject matter 
Industrial designs include: industrial blueprints, which may be any combination of shapes, 
lines or colours incorporated in an industrial product for ornamentation purposes and which 
give it a specific appearance of its own; an d industrial models, which are constituted by 
any three-dimensional shape that serves as a model or pattern for the manufacture of an 
industrial product, giving it a special appearance that does not involve any technical effects. Article 32 of the 
Industrial Property Law WT/TPR/S/279/Rev.1 • Mexico 
 
- 198 - 
  Brief description of relevant provisions Legal basis or source 
B. Protection requirements 
Industrial designs are eligible for registration if they are new and industrially applicable. Article 31 of the 
Industrial Property Law 
An industrial design is not protected where its appearance consists of elements dictated 
solely by technical considerations or by the performance of a technical function. Article 31 of the 
Industrial Property Law 
An application for registration of an industrial design must include a graphic or photographic 
reproduction of the design, and an indication of the type of product for which the design will 
be used. Registration will, where appropriate, take place in accordance with the rules 
applicable to the processing of patents. Articles 33, 34 and 37 
of the Industrial 
Property Law 
C. Rights conferred 
Owners of a protected industrial  design have the exclusive right to use that design for their 
benefit, either directly or through third parties with their consent, in accordance with the 
provisions of the law. Article 9 of the 
Industrial Property Law 
D. Permitted exceptions 
The limitations of the rights conferred are governed, where appropriate, by the provisions 
applied to patents. Article 36 of the 
Industrial Property Law 
E. Term of protection 
Industrial design registrations are valid for a non-renewable term of 15 years, starting from 
the filing date of the application. Article 36 of the 
Industrial Property Law 
6. Patents 
A. Protected subject matter 
"Novel" refers to anything not found in the prior art; "inventive step" refers to the creative 
process the results of which are not obvious from the prior art to a person skilled in the art; and "industrial applicability" refers to the possibility of an invention being produced or used in any branch of economic activity. Article 12 of the 
Industrial Property Law 
The following are not patentable: essentially biological processes for obtaining, reproducing and propagating plants and animals; biological and genetic material as found in nature; animal breeds; the human body and the living matter constituting it; and plant varieties. Article 16 of the 
Industrial Property Law 
The following are not considered to be inventions: theoretical or scientific principles;  
discoveries that consist in making known or revealing something that already existed in nature; diagrams and methods for carrying ou t mental processes, playing games or doing 
business, and mathematical methods; computer programmes; methods of presenting information; aesthetic creations and artistic or literary works; surgical and therapeutic treatment or diagnostic methods; and the juxtaposition of known inventions, or alteration of the use, form, dimensions or materials thereof (with exceptions). Article 19 of the 
Industrial Property Law 
Mexico is party to the UPOV Convention (1978 Act). The protection of new plant varieties is governed by the Federal Law on Plant Varieties. Federal Law on Plant 
Varieties 
B. Protection requirements 
The patent application must be accompanied by, inter alia , a description of the invention, 
which must mention the best method known to the applicant of carrying out the invention, 
when this is not clear from the description of the invention. In the case of biological material, the applicant may need to provide a record of the deposit of the material at a recognized institution. The applicant may also need to submit additional information, including searches or examinations undertaken by foreign offices. The Industrial Property Law does not contain any explicit requirements  regarding genetic resources or traditional 
knowledge. Article 47 and 55 of the 
Industrial Property Law 
C. Rights conferred 
Patent owners have the exclusive right to use the invention for their benefit, either directly 
or through third parties with their consent, in accordance with the provisions of the law. For products, this exclusive right confers the following prerogatives: the right to prevent others from manufacturing, using, selling, offering for sale or importing the patented product without consent. For processes, exclusive rights include the right to prevent others from using the process and from using, selling, offering for sale or importing the product obtained directly by means of the process without consent. Articles 9 and 25 of the 
Industrial Property Law 
D. Permitted exceptions 
The right conferred by a patent shall not have any effect against a third party who: in the private or academic sphere and for non-commercial purposes, engages in scientific or technological research activities for purely experimental, testing or teaching purposes; markets, acquires or uses the patented product or the product obtained by means of the patented process, after the said product has b een lawfully placed on the market; prior to 
the filing date of the patent application, manufactures the patented product or undertakes the necessary preparations for such manufacture; or makes use of the patented product as an initial source of variation or propagation to obtain other products, except where such use is made repeatedly. Article 22 of the 
Industrial Property Law WT/TPR/S/279/Rev.1 • Mexico 
 
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  Brief description of relevant provisions Legal basis or source 
E. Compulsory licences 
After three years from the date of grant of th e patent, or four years from the filing of the 
application, any person may apply for a compulsory licence to use an invention, where it has not been used, unless there are duly justif ied reasons for such non-use. A compulsory 
licence shall not be granted when the patent owner or the holder of a contractual licence has been importing the patented product or a product obtained with the patented process. The Industrial Property Law does not tacitly provide for the correction of anti-competitive practices or the granting of a compulsory licence within the meaning of Article 31(b) of the TRIPS Agreement.  Article 70 of the 
Industrial Property Law 
F. Public health and paragraph 6 system 
The sanitary authorities (COFEPRIS) shall refuse to authorize products that infringe patents in force.  
G. Term of protection 
Patents have a non-renewable term of 20 years, starting from the filing date. Only patents 
filed under transitional Article 12 of the Law on the Promotion and Protection of Industrial 
Property were eligible for patent term modification (so-called "pipeline" patents). "Pipeline" 
patents requesting the modification of their initial term were unable to obtain a term exceeding 28 June 2012. Now the term established in transitional Article 12 of the Law on the Promotion and Protection of Industrial Property has ended, no patent may exceed a term of 20 years. Article 23 of the 
Industrial Property Law 
7. Layout-designs (topographies) of integrated circuits 
A. Protected subject matter 
"Layout-design" or "topography" refers to the three-dimensional arrangement of the elements and the interconnections of an integrated circuit, or such a three-dimensional arrangement designed for an integrated circuit intended for manufacture. Article 178 bis 1 of the 
Industrial Property Law 
B. Protection requirements 
An original layout-design may be eligible to be registered where it has not been commercially used anywhere in the world or, if it has been so used, provided that the application for registration is filed within two years following the date on which it was first commercially used. Article 178 bis 2 of the 
Industrial Property Law 
C. Rights conferred 
Registration of a layout-design confers on its owner the right to prevent others from doing the following without authorization: reproducing the protected layout-design; and importing, selling or distributing, for commercial purposes, the layout-design itself, an integrated circuit incorporating the protected layout-design or a product incorporating an integrated circuit that in turn incorporates a protected layout-design. Article 178 bis 4 of the 
Industrial Property Law 
D. Permitted exceptions 
The right conferred shall have no effect on any third party who, inter alia : reproduces a 
protected layout-design without authorization for private purposes or for the purpose of 
research or teaching; creates a layout-design that meets the originality requirement based 
on the analysis of a protected layout-design; has independently created an original layout-design identical to the protected layout-design prior to the publication of the registration; or sells or distributes, without authorization, an integrated circuit incorporating an unlawfully reproduced protected layout-design without knowing that it incorporates a protected layout-design. Article 178 bis 5 of the 
Industrial Property Law 
E. Term of protection 
The registration of a layout-design is valid fo r a non-renewable term of ten years, starting 
from the filing date of the application for registration. Article 178 bis 3 of the 
Industrial Property Law 
8. Undisclosed information and anti-competitive practices 
A. Undisclosed information 
A trade secret is any industrially or commercially applicable information which is 
confidential in nature and associated with securing a competitive advantage over third parties, and in regard to which sufficient means have been adopted to preserve its 
confidentiality. Article 82 of the 
Industrial Property Law 
"The information required by special laws to determine the safety and efficacy of pharmaceutical and agricultural products that make use of new chemical components shall be protected under the terms of the international treaties to which Mexico is party".  Up to five years of protection are granted for test data and this does not vary under bilateral 
agreements.  Given the legal hierarchy of treaties, their content is not duplicated in domestic legislation. COFEPRIS can only respond positively to applicat ions for the sanitary registration of generic 
medicines five years after the granting of the sanitary registration for the new chemical entity, except in cases where the interested party has generated its own data for a new 
chemical entity.  Article 86 bis of the 
Industrial Property Law 
B. Control of anti-competitive practices 
One of the purposes of the Industrial Property Law is to prevent "acts that constitute unfair competition in relation to industrial property, and implement sanctions and penalties for such acts". Articles 2 and 213 of 
the Industrial Property Law WT/TPR/S/279/Rev.1 • Mexico 
 
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  Brief description of relevant provisions Legal basis or source 
9. Enforcement of intellectual property rights 
A. Procedures and remedies 
Intellectual property is a federal matter.  The competent courts are therefore those of the 
federal system, namely: District Courts and Collegiate Circuit Courts. A special chamber 
within the Federal Tax and Administrative Justice Court has authority to address cases 
relating to intellectual property. WTO document 
IP/N/6/MEX/1 
of 30 March 2000 
Courts may award compensation for injury ( daño) or damage ( perjuicio ) and order the 
payment of legal costs and expenses. 
Injury is understood to mean loss or impairment of assets as a result of failure to comply 
with an obligation (Article 2. 108 of the Federal Civil Code). 
Damage is considered to be the deprivation of  any lawful gain that ought to have been 
obtained through fulfilment of the obligation (Article 2.109 of the Federal Civil Code). 
Accordingly, it is considered that profits are included in the definition of damage. 
Courts may order acts such as the destruction of goods or of materials/equipment used to 
produce infringing goods. Articles 7 to 11, 228, 
and 420 of the Federal 
Code of Civil Procedure; 
and Articles 226 
and 221 bis of the 
Industrial Property Law 
A judge may avail himself of any person, thing or document, whether belonging to the 
parties or a third party, in order to determine their legal status in a dispute, with no 
limitation other than that the evidence be admissible and directly related with the facts at 
issue. If a court finds in favour of the defe ndant, he may bring an action for damages. A 
prior declaration from the Mexican Industrial Property Institute on the existence of 
infringements in this regard is necessary in order to proceed with the action for damages. 
Articles 213 and 216 bis of the Federal Law on Copyright establish the competence of the 
federal courts to hear disputes arising in connection with the application of the Law, and 
compensation for material and/or moral injury, as well as action for damages in relation to 
copyright infringement, which in no case shall be less than 40% of the public sale price of 
the original product or the original provision of any type of service that involves 
infringement of one or more of the ri ghts protected by the Law in question. 
Articles 229 and 231 of the Federal Law on Copy right relate, respectively, to the copyright 
and trade-related infringements committed for the purpose of direct or indirect financial 
gain; both Articles describe the actions punishable under this Law. 
Book Two, Title 26, of the Federal Criminal Code lists copyright offences, and the penalties 
and monetary fines imposed on whoeve r infringes or affects copyright. 
With regard to border measures, a number of provisions regulate and protect against the 
entry into Mexico of pirated and counterfeit goods. This protection is provided for in Article 
151, points I and II, and Article 176, points II and VIII, of the Customs Law; Article 103, 
point XII, of the Federal Tax Code; and Article 4, point IV, of the Foreign Trade Law. Articles 89, 90, 91 and 
379 of the Federal Code 
of Civil Procedure 
B. Provisional measures 
To initiate a provisional measure, the applicant must prove that he is the right holder, as 
well as one of the following assumptions: that his right has been infringed, that 
infringement is imminent, that there is a possibility of suffering irreparable damage, or that 
there is justified fear that evidence might be  destroyed, concealed, lost or altered; the 
applicant must also post sufficient secu rity to cover any damages and provide the 
information needed to identify the goods, services or establishments. Pursuant to the 
amendment of the Industrial Property Law published in the Official Journal of 18 June 2010, 
it was established that to determine the amount of the security, the Mexican Industrial 
Property Institute shall take into consideration the elements provided by the right holder 
and those in the proceedings in the file. The amount of the indemnity bond shall include the 
amount provided as security by the applicant and an additional sum of 40% on what was 
paid for the security (Article 199 bis 1). Articles 384 and 389 of 
the Federal Code of 
Civil Procedure 
C. Border measures 
Any goods infringing intellectual property righ ts may be detained at the border by the 
customs authorities, at the request of the competent administrative or judicial authority. 
The customs authorities may order a border measure only at the request of an 
administrative or judicial authority.  Articles 144 and 148 of 
the Customs Law and 
Article 199 bis of the 
Industrial Property Law 
D. Criminal procedures 
With regard to industrial property, imprisonment is imposed on, inter alia , persons 
falsifying, producing, storing, transporting, introducing into the country, distributing or 
selling, on a commercial scale and with ill intent, items which display falsifications of 
protected trademarks; persons kn owingly providing or supplying, in any form, raw or other 
materials intended for the production of obje cts which display falsifications of protected 
trademarks; and persons revealing to a thir d party or appropriating trade secrets. Articles 223 bis and 
224 of the Industrial 
Property Law 
With regard to copyright and related rights, the following, inter alia , are liable for 
imprisonment: a publisher or producer who kno wingly produces more copies of a protected 
work than authorized by the right holder; anyone who produces, introduces into the 
country, stores, transports, distributes, sells or  rents out copies of protected works; those 
who knowingly contribute inputs intended for the production or repr oduction of protected 
works; anyone who manufactures, for financial gain, a device designed to deactivate the 
electronic protection devices of a comput e r  p r o g r a m m e  o r  t o  d e c o d e  a n  e n c r y p t e d  
programme-carrying satellite signal. Articles 424 to 427 of 
the Federal Criminal 
Code WT/TPR/S/279/Rev.1 • Mexico 
 
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  Brief description of relevant provisions Legal basis or source 
Infringers of industrial property rights may be  sentenced to terms of imprisonment of up to 
ten years and issued fines of up to 20,000 times the daily minimum wage in Mexico City 
(Mex$62 (US$4.70)) in 2012. 
Infringement of copyright for commercial pu rposes may be punished by a term of 
imprisonment of up to six years and fines of  up to 15,000 times the daily minimum wage. WTO document 
WT/TPR/S/195/Rev.1 of 
2 May 2008 
Only holders and licensees of IPRs may lodge a complaint with the Federal Attorney-
General’s Office for the purpose of initiating criminal proceedings. Article 226 of the 
Industrial Property Law 
Source: WTO Secretariat. WT/TPR/S/279/Rev.1 • Mexico 
 
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  Table A3. 5 Intellectual property provisions in Mexico's FTAs, 2012a 
 Regional trade agreement 
 
Chile - Mexico 
Colombia - Mexico 
Central America - 
Mexico 
Costa Rica -
Mexicob 
Guatemala -
Mexicob 
Honduras -
Mexicob 
EU - Mexico 
EFTA - Mexico 
Israel - Mexico 
Japan - Mexico 
Peru - Mexico 
Uruguay - Mexico 
NAFTA 
General provisions 
Express commitment to 
protect IPRs Yes Yes Yes Yes Yes Yes Yes Yes .. Yes .. Yes Yes 
Reaffirmation of the 
TRIPS Agreement .. .. Yes .. .. .. Yes Yes Yes .. Yes .. .. 
Reference to WIPO 
treaties Yes Yes Yes Yes Yes Yes Yes Yes .. .. .. Yes Yes 
National treatment or 
MFN provisions Yes Yes Yes Yes Ye s Yes .. Yes .. Yes .. Yes Yes 
Assistance, cooperation or 
coordination Yes .. Yes Yes Yes Yes Yes Yes .. Yes .. Yes Yes 
Patents 
Patentability criteria and 
exclusions .. .. .. .. Yes Yes .. Yes .. .. .. Yes Yes 
Patentability of new uses  .. .. .. .. .. .. .. .. .. .. .. .. .. 
Exceptions to rights 
conferred .. .. .. .. Yes Yes .. Yes .. .. .. Yes Yes 
Patent term extensions .. .. .. .. .. .. .. .. .. .. .. .. Yes 
Compulsory licensing .. .. .. .. Yes Yes .. Yes .. .. .. .. Yes 
Other intellectual property rights 
Copyrights and related 
rights Yes Yes Yes Yes Yes Yes .. Yes .. .. .. Yes Yes 
Trademarks Yes Yes Ye s Yes Yes Yes .. Yes .. .. .. Yes Yes 
Geographical indications Yes Yes Yes Yes Yes Yes .. Yes .. Yes Yes Yes Yes 
Industrial designs .. .. Yes .. Yes Yes .. Yes .. .. .. Yes Yes 
Undisclosed information .. Yes Yes Yes Yes Yes Yes Yes .. .. .. Yes Yes 
Layout-designs of 
integrated circuits .. .. .. .. .. .. .. Yes .. .. .. .. Yes 
New plant varieties  .. Yes Yes .. .. .. .. .. .. .. .. Yes Yes 
Other provisions 
Enforcement procedures  Yes Yes .. Yes Yes Yes Yes Yes .. .. .. Yes Yes 
Encrypted programme-
carrying satellite signals Yes Yes .. Yes Yes Yes ..  .. .. .. .. Yes Yes 
a The provisions of each agreement were defined on the basis of the text of each agreement: "Yes" 
indicates that the agreement explicitly mentions the provision in question without necessarily elaborating on it, while "…" indicates that the provision does not appear in the agreement.  
b In force until the FTA with Central Americ a enters into effect  for these Parties. 
Source: WTO Secretariat, based on information provided by the authorities. 
 
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