Mexico: First steps towards resolving the cross-border long-haul trucking dispute with the U.S.
On March, 3, 2011, the presidents of Mexico and the U.S. announced that Mexico and the United States have found a clear path to resolving the cross-border long-haul trucking dispute.
In accordance to the press release issued by the White House, this path will allow for the establishment of a reciprocal, phased-in program built on the highest safety standards that will authorize both Mexican and United States long-haul carriers to engage in cross-border operations under the North American Free Trade Agreement (NAFTA). Once a final agreement is reached, Mexico will suspend its retaliatory tariffs in stages beginning with reducing tariffs by 50 percent at the signing of an agreement and will suspend the remaining 50 percent when the first Mexican carrier is granted operating authority under the program. Mexico will terminate all current tariffs once the program is normalized.
Under the NAFTA, the United States should have granted Mexican motor carriers’ access to its border states by December 18, 1995 and full access to its territory by 2000. On November 22, 1998, Mexico initiated dispute settlement proceedings under Chapter XX of the North American Free Trade Agreement (NAFTA) to challenge the United States alleged failure to abide by these commitments. In 2001, the panel found the United States has not complied with its NAFTA obligations. The panel authorized Mexico to retaliate against the United States.
On February 23, 2007, Mexico and the U.S. launched the first Cross Border Motor Carrier Demonstration Program (Demonstration Program), which entered into force on September 2007. The Demonstration Program allowed up to 100 motor carriers from each country to operate in the territory of the other country beyond the commercial zones on the US-Mexico border. This program was canceled on 2009, after the U.S. Congress enacted legislation that prohibited the Obama administration to use federal resources in the implementation of the program.
In response to the cancellation of the program, on March 18, 2009, the Mexican Ministry of Economy (SE) announced retaliatory import tariffs on 89 US agricultural and industrial products.
Any Evidence-Based Deliberation:
|Is there anything in the public record to suggest that evidence of the effectiveness of the proposed measure was considered during official deliberations?|
|Is there any evidence that alternatives to the proposed measure were considered?|
|Is there anything in the public record that suggests that empirical evidence informed the comparison across the alternatives available to government?|
|Was such evidence identified?|
|Is such evidence publicly available?|
|Did the official decision-maker in question provide an explanation as to why a chosen measure was favoured over alternatives?|
|Is there any evidence to suggest that potentially affected trading partners were consulted before the measures were taken?|
|Is there any evidence that safeguards have been put in place to ensure that implementation of the initiative is transparent and non-discriminatory?|
|Did the government state its intention to review the measure within one year of implementation?|
Date of inception: 18 Mar 2009
Duration: 24 months
GTA Evaluation: Red
Secretaría de Economía: http://www.iqom.com.mx/documents/0311/Boletn%20de%20prensa%20No%2040-3ma...