Mexican Action Network on Free Trade (RMALC)
PRESIDENT VICENTE FOX IS FLYING SOLO IN REGARD TO THE SECURITY AND PROSPERITY PARTNERSHIP NEGOTIATIONS WITH THE US AND CANADA
On June 27th this initiative product of a previous ‘three amigos’ meeting aims to reach agreement on what is an illegitimate list of trade concessions that violate Mexico’s sovereignty
By not taking into account the Mexican Congress, the Executive’s move to reduce tariffs and modify rules of origin may be unconstitutional. Our sovereignty will be threatened if the country’s institutions and the rule of law are set aside.
Article 131 in the Constitution, in its second paragraph clearly sets out that:
“The Executive can be empowered by the Congress of the Union to increase, reduce or eliminate export or import tariff quotas, issued by Congress itself, and to be able to create others; as also being able to restrict or prohibit imports, exports…”
It is the Mexican Congress’ exclusive right to establish – or to modify – taxes on foreign trade (Section XXIX of Article 73 of the Constitution on the powers accorded Congress).
What the Executive Branch can do according to the Law on Foreign Trade is:
“1. Create, increase, reduce or eliminate tariffs via decrees published in the official Gazette, in conformity with what has been established in article 131 of the Political Constitution of the United States of Mexico;”
The problem is that this government that promised “a change” in the way things have been done previously is in fact acting in the same manner as former PRI party Presidents regarding foreign trade: violating both the spirit and the letter of the law as laid out in the Constitution.
On the 30 of March, 2005 Senator Raymundo Caceres proposed:“the creation of a Special Commission to follow up with the Working Groups established under the mandate of the Security and Prosperity Partnership of North America (SPP). In a period of time no greater than 90 days, this Commission shall report back to this sovereign body on the basis of an independent report which will detail fully and precisely, the scope, agreements and benefits flowing from this process of tri-national negotiation.”
However, the Senators noting“…the omission regarding migratory policy from the SPP agenda”, just as Senator Cardenas had warned, agreed:
“FIRST – The Foreign Affairs Secretariat is requested to establish along with Mexico’s Senate, a mechanism that would allow for a greater understanding with an ability to evaluate, the achievements and the results coming out of the Security and Prosperity Partnership of North America.”
Therefore, any intent to establish agreements or put on the ‘agenda’ modifications to allow for tariff reductions or changes to rules of origin (that even some Mexican businesspeople oppose) are illegitimate and likely illegal. That is of course, until the Mexican Congress is able to not only carry out its duty, but also to live up to its obligations to defend the Constitution in accord with the best interest of the Mexican people.