WORLD TRADE  
ORGANIZATION  G/ADP/N/1/MEX/1/Suppl.3 
G/SCM/N/1/MEX/1/Suppl.2 
G/SG/N/1/MEX/1/Suppl.2 
2 March 2006 
 
 (06-0885) 
Committee on Anti-Dumping Practices Committee on Subsidies and 
Countervailing Measures 
Committee on Safeguards Original:   Spanish 
 
  
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 18.5 AND ARTICLE 32.6 
OF THE RELEVANT AGREEMENTS 
 
NOTIFICATION OF LAWS, REGULATIONS AND 
ADMINISTRATIVE PROCEDURES RELATING 
TO SAFEGUARD MEASURES 
 
MEXICO 
 
Supplement
 
 
 
 The following communication, dated 24 Febr uary 2006, has been received from the 
Permanent Mission of Mexico.  
_______________ 
 
  In conformity with Article 18.5 of the Anti-Dumping Agreement, Article 32.6 of the 
Agreement on Subsidies and Countervailing Measur es, and Article 12.6 of the Agreement on 
Safeguards, I hereby notify the Committee on An ti-Dumping Practices, the Committee on Subsidies 
and Countervailing Measures, and the Committee on Sa feguards of the following amendments to our 
laws in those areas.   In that connection, I submit a copy of the Decree amending a nd supplementing various 
provisions of the Foreign Trade Act published in the Diario Oficial de la Federación  (Offical Journal) 
of 24 January 2006. G/ADP/N/1/MEX/1/Suppl.3 
G/SCM/N/1/MEX/1/Suppl.2 G/SG/N/1/MEX/1/Suppl.2 
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  MINISTRY OF THE ECONOMY 
 
DECREE amending and supplementing various provisions 
of the Foreign Trade Act 
 
  In the margin, a stamp with the national emblem and the words United Mexican States – Office of the President of the Republic. 
 
 I, VICENTE FOX QUESADA , President of the United Mexican States, hereby inform 
Mexican citizens:   That the Honourable Congress of the Union has notified me of the following 
 
DECREE 
 
"THE CONGRESS OF THE UNITED MEXICAN STATES DECREES: 
 
THAT VARIOUS PROVISIONS OF THE FOREIGN TRADE ACT 
SHALL BE AMENDED AND SUPPLEMENTED 
 
  Single article – The following  are amended:   Articles 1, 2, 3;  the heading of Title II and 
Chapter II thereof;  subparagraphs II, VIII, IX and XI  of Article 5;  Articles 6, 7, 75, 84, 90, 91, 92, 
and subparagraph VI of Article 94;  and the following are supplemented:  Article 4 by a 
subparagraph VII;  Article 5 by a subparagra ph XII, the existing subparagraph XII becoming 
subparagraph XIII;  Article 6 by a second paragraph;  and Title IV, Chapter II by an Article 17A and 
an Article 20A;  all of the foregoing being part of  the Foreign Trade Act, which now reads as follows: 
  Article 1 – The purpose of this Act is to regulat e and promote foreign trade, boost the 
competitiveness of the national economy, foster the efficient use of the country's productive 
resources, ensure the proper integration of th e Mexican economy in the international economy, 
defend the productive system against unfair international trade practices , and contribute to 
enhancing the welfare of the population.  
 Article 2 –  The provisions of this Act are a matter of public policy and applicable throughout 
the Republic without prejudice to the provisions of international treaties or agreements to which 
Mexico is a party.  These provisions shall be a pplied and interpreted for administrative purposes by 
the Federal Executive through the Ministry of the Economy. 
  Article 3 – For the purposes of this Act: 
 
 I. Ministry means Ministry of the Economy; 
  II. Commission means the Foreign Trade Commission; 
 
 III. Countervailing duties mean those duties th at are applied to goods imported under 
conditions of price discrimination or subsidization in the country of origin in accordance with the provisions of this Act; 
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   IV. The term "Rules" means those of a general nature issued by the Ministry 
concerning non-tariff regulations and restri ctions, and foreign trade programmes and 
instruments; 
 
 V. The term "Regulations" means the Regulations to this Act. 
 
 ... 
  
TITLE II 
Powers of the Federal Executive, of the Ministry of the Economy, 
and of the Auxiliary Commissions 
  
 Article 4.- ...  
 
 I to IV. ...  
  V. To conduct international trade negotiations th rough the Ministry, without prejudice to 
the powers of other departments of the Federal Executive; 
  VI. To coordinate, through the Ministry, the pa rticipation of the departments and entities 
of the Federal Public Administration and of the state governments in foreign trade promotion activities, and to agree on action in that area with the private sector;  
 
 VII. To ensure, through the Ministry, that the departments and entities of the 
Federal Public Administration responsible for the administration or control of a non-
tariff restriction or regulation are electronically  interconnected with the Ministry of the 
Economy and with the Ministry of Finance and Public Credit. 
  
CHAPTER II 
Powers of the Ministry of the Economy 
 
  Article 5.- ... 
 
 I. ... 
 
 II. To conduct and resolve safeguard investigations, and  impose the measures resulting 
from such investigations; 
 
 III. to VII.  ... 
  VIII. To advise Mexican exporters involved in inves tigations abroad of unfair international 
trade practices and safeguard measures or in any other procedure that could result in an 
import restriction in other countries ; 
  IX. To coordinate the international trade ne gotiations with the competent departments 
and, at the request of the Ministry, with the productive sectors ; 
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   X. ... 
 
 XI. To establish  programmes and mechanisms to foster and promote  exports as well as 
the provisions governing those programmes a nd mechanisms, with an ear to the 
productive sectors and to the public and private sector promotion institutes; 
 
 XII. To issue rules establishing general pr ovisions within its field of competence, as 
well as the requisite criteria for compliance wi th laws, international trade agreements or 
treaties, decrees, regulations, and other gen eral rules falling within its jurisdiction; 
 
 XIII. Other matters expressly entrusted to it under the laws and regulations. 
 
 Article 6 - … 
 
 Similarly, under the Federal Law on Transp arency and Access to Public Governmental 
Information, the departments and entities of th e Federal Public Administration shall publicize 
any preliminary draft provisions submitted under the present Act.  The business organizations 
recognized under the Law on Chambers and their Confederations as public interest organizations as well as associations, instit utions, and groupings that coordinate them vis-à-vis  
the Federal Government, which represent, at the na tional level, the interests of the country's 
industrial, commercial, agricultural, services a nd customs professions, as well as any other 
interested party, may issue an opinion on the above-mentioned preliminary draft provisions. 
 
 The Commission shall, ex oficio or at the request of the organizations mentioned in the 
preceding paragraph , review the foreign trade regulation and restriction measures in force with a 
view to recommending amendments as appropriate.  It may also hold public hearings with the 
interested parties.   Article 7.- The Joint Commission for the Promotion of Exports  shall assist the Federal 
Executive in respect of the powers referred to in Article 4, subparagraph VI of this Act . 
 
 The said Commission shall be responsible for analysing, assessing, proposing and organizing 
activities between the public and private sectors with respect to exports of goods and services with a 
view to facilitating, promoting, diversifying and strengthening trade, and reinforcing the 
national production system.  
 
 Article 17A.- Non-tariff restrictions and regulations shall be complied according to the 
applicable rules. 
 
 Such compliance shall be demonstrated ei ther through documents containing security 
measures or electronically, or both, as determined by the Ministry together with the 
appropriate departments and entities of the Fede ral Public Administration, except in the case of 
arrangements involving the countries with which Mexico has concluded some kind of free trade 
agreement. 
 
 The documents referred to in this article must accompany the request submitted to 
customs through the customs broker or clearance agent in accordance with customs legislation. 
 
 Article 20A.- The Ministry shall accept electronic signature certifications issued by the 
certification service providers accredited under the Co mmercial Code, as well as those which it  G/ADP/N/1/MEX/1/Suppl.3 
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  issues itself, for the purposes of the formaliti es and notifications relating to non-tariff 
regulations and the programmes provided for in this Act. 
  Article 75. – Safeguard measures shall be determined within a period not exceeding 
210 days from the day following publicati on of the initiating resolution in the Diario Oficial de la 
Federación , subject to the provisions of the internationa l treaties and conventions  to which Mexico is 
a party.  
 Article 84.- The notifications referred to in this Ac t shall be transmitted to the interested 
party or his representative personally at his domici le by registered mail with acknowledgement of 
receipt or by any other direct means such as a specialized messenger service, or electronically, or 
using any other technology.   The notifications shall enter into force on the working day following 
the day on which they are issued.  The Regulati ons shall establish the form and content of the 
notifications. 
  Article 90.-  The objective of export promotion shall be the consolidation and 
quantitative and qualitative improvement of exports of Mexican manufactured and agro-
industrial goods, services, and technology to international markets.  To that end, annual 
programmes will be agreed with the organizations  representing the productive sectors with a 
view to the efficient allocation of resources.  
 Export promotion activities shall seek to:   I. Take advantage of what has been achie ved in international trade negotiations; 
 
 II. Facilitate export projects, giving priority to support for micro, small and medium-
sized enterprises ; 
  III. Contribute to  solving the problems facing enterp rises when it comes to competing 
on international markets and set up a permanent programme for the deregulation and 
streamlining of administrative form alities in the area of exports , including those relating 
to the dispute settlement mechanisms provide d for under the international agreements to 
which Mexico is a party; 
  IV. Ensure that the foreign trade support services and the benefits provided for under 
the official export promotion programmes are rapidly put into place ; 
  V. Take any other action expressly provided  for in other laws or regulations. 
  …  
 Article 91.-  The Federal Executive, acting through the Ministry, shall establish the 
measures and mechanisms necessary for the impl ementation of the foreign trade programmes 
and instruments.  To that end, in coordination  with the departments concerned, it shall issue 
decrees setting up promotion programmes relating to infrastructure, training, coordination, 
organization, financing, tax and customs administ ration and the modernization of foreign trade 
mechanisms, provided that this involv es internationally accepted practices. 
 
 At the same time, the Ministry shall estab lish, through agreements, the measures needed 
to implement the programmes and instrume nts mentioned in the paragraph above. 
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   Article 92.-  The National Export Award shall be conferred on a yearly basis in 
recognition of the efforts of national exporters and of institutions that support export activities.  The 
procedure for the selection of the winners, the different categories , the uses to be made of the award, 
and any other provisions relating thereto shall be set forth in the Regulations. 
 
 Article 94.- … 
 
 I.  to V. … 
 
 VI. Responding to requests by the interested parties pursuant to Article 89A; 
  VII. to XII.- … 
  … 
 
 
TRANSITIONAL PROVISIONS
 
 
 First. - This Decree shall enter into force on the day following its publication in the Diario 
Oficial de la Federación . 
  Second.- For the purposes of Article 4, Section VII of this Act, the departments and 
entities of the Federal Public Administration that ad minister or control a non-tariff restriction or 
regulation shall draw up, within a period not exceedi ng 12 months from the entry into force of this 
Decree, a work plan establishing responsibilities, ta rgets, committed deadlines, and measures needed 
to interconnect electronically with the Ministry of  the Economy and with the Ministry of Finance and 
Public Credit.   Similarly, electronic interconnection shall be established with the pre-validation entities 
authorized under Article 16-A of the Customs Law so that the customs broker or clearance agent is 
able to verify compliance with the non-tari ff restrictions or regulations in question. 
  Mexico City, Federal District, 14 December 2005.-  Mr Enrique Jackson Ramírez , 
Presiding.-  Dep. Heliodoro Díaz Escárraga , Presiding.-  Ms Sara Isabel Castellanos Cortés , 
Secretary.-  Dep. Ma. Sara Rocha Medina , Secretary – Signed." 
 
 Pursuant to Article 89, subparagraph I, of the Political Constitution of the United Mexican 
States, and for due publication and observance, I issue this Decree at the seat of the Federal Executive 
in Mexico City, Federal District, on the twentieth  day of the month of January of the year 2006.-
Vicente Fox Quesada .-  Signed -  Minister of the Interior, Carlos María Abascal Carraza .-  Signed. 
 
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