GMO Technology

Buckle Up: Dispute Panel Called to Action by US in Mexico’s GMO Corn Ban

Thu, 17 Aug 2023 18:48:33 GMT

USDA’s Economic Research Service (ERS) explained this week in its monthly Feed Outlook report that corn exports are reduced 25 million bushels this month to 1.625 billion.

“The weak pace of exports continues into the last quarter of the marketing year, with June exports totaling 150.4 million bushels, down approximately 66 million bushels from June 2022. Corn exports through the first 10 months of the marketing year sit at 1.466 billion bushels,” said ERS in its report.

(Farm Journal)

ERS’s analysis points toward weaker corn exports to close out the marketing year. An announcement from the Office of the U.S. Trade Representative (USTR) on Thursday reveals the U.S.’s GMO corn dispute with Mexico could have something to do with the export decline.

Trade dispute panel called to action in GMO corn ban

USTR shared Thursday it will establish a U.S.-Mexico-Canada Agreement (USMCA) dispute settlement panel as a solution to Mexico’s move to ban GMO corn imports at the beginning of 2023. According to USTR, Mexico’s actions violate the trade agreement.

“Mexico’s approach to biotechnology is not based on science and runs counter to decades’ worth of evidence demonstrating its safety and the rigorous, science-based regulatory review system that ensures it poses no harm to human health and the environment,” says Tom Vilsack, USDA secretary. “Innovations in ag biotechnology play a key role in advancing solutions to our shared global challenges.”

How the USMCA Dispute Process Works

Initially, the U.S. tried to forego a dispute with Mexico through negotiations. Because one-on-one conversations have not remedied the issue, the U.S. began the formal process of a dispute, which includes:

1. Consultations

According to Congress, technical consultations are the initial step in invoking a dispute. USTR took this step in March, which required the U.S. and Mexico to meet within 30 days.

2. Establishing a Dispute Panel

This is the step USTR announced Thursday. At this point, the issue becomes a full-blown trade dispute, and a process will take place to put three to five people on a panel from both Mexico and the U.S.

3. The Panel Process

The elected panel will examine evidence and hear oral testimony from both Mexico and the U.S.

4. Resolving the Dispute

Once the panel delivers a verdict, the party that is found to have violated its obligations under the USMCA will have 45-days to settle the dispute. If a settlement isn’t reached in that window, the “winning” party can impose tariffs on the ag products, such as GMO corn.

What the ag industry has to say about Mexico’s GMO corn ban

Leaders at the National Corn Growers Association (NCGA) said they are in support of USTR’s dispute panel move.

“Mexico’s decree, which runs counter to scientific findings and is in direct violation of USMCA, is negatively impacting American corn growers,” said Tom Haag, NCGA president. “U.S. officials have exhausted every avenue trying to resolve this conflict and are left with no other choice but to turn to a third-party panel in hopes of quickly rectifying this issue.”

USTR Comments on USMCA Meetings

Fri, 07 Jul 2023 19:00:00 GMT

During a bilateral meeting on Thursday, U.S. Trade Representative (USTR) Katherine Tai discussed with Mexico’s Secretary of Economy Tatiana Clouthier various issues concerning energy and biotech corn.

According to the Office of the USTR, Tai highlighted concerns about the recent upsurge of steel and aluminum imports from Mexico into the U.S. Further, the regulatory uncertainties confronted by American electronic payment service providers operating in Mexico, and Mexico’s telecommunications spectrum fee method were also issues that were discussed.

Tai said that trade dispute settlement consultations over GMO corn that the U.S. requested in June began with Mexico last week.

Mexico’s Health Ministry on Monday published a draft proposal to modify the Official Mexican Standard (NOM) that governs products made from masa, or corn dough. The proposal is part of an overall federal government effort to stop Mexicans from eating white GMO corn imports, most of which comes from the U.S.

“The use of genetically modified corn as a raw material must be avoided in the making of the products covered by this Mexican Official Standard,” states the document.

Interested parties have 30 days to comment on the proposal, after which the government could publish a modified NOM in its official gazette that bans the use of GM corn in tortillas. The modified NOM would take effect 60 days after publication. The National Chamber of Industrialized Corn (Canami) said that the proposed measure “creates restrictions on international trade and members of the International Trade Organization must be notified.”

Canami also said that the costs of laboratory tests to determine whether corn is GMO or not aren’t being considered. The chamber said that those costs could cause their members to record net losses.

The Health Ministry’s publication came just over a week after the federal government imposed a 50% tariff on white corn imports to limit human consumption of GMO corn. The tariff, which ends access to white corn imports, is scheduled to remain in force until Dec. 31, 2023, after which Mexico intends to ban the importation of GMO corn for human consumption. A ban on GMO corn for animal feed is slated to come in at an unspecified later date, depending on supply.

What’s Next with Mexico and the U.S. in GMO Corn

Despite the contentious nature of these topics, Tai remains hopeful of solutions. She affirmed to reporters that the U.S. has noted some progress in negotiations about energy with Mexico, expressing optimism that the dispute would eventually be resolved.

In a second readout, USTR said Tai discussed the disputes over Mexico’s energy and biotech corn policies with Canadian Trade Minister Mary Ng. Tai also underscored the need for Canada to fully meet its USMCA commitments, including dairy and home shopping, and urged Canada to refrain from imposing a digital services tax.

Of note: The latest Commerce Department report shows the U.S. trade deficit with Mexico rose to a record $14.1 billion in May.

USMCA Up for Debate in Mexico This Week

Thu, 06 Jul 2023 17:16:27 GMT

This week’s talks in Cancun, Mexico between U.S. Trade Representative (USTR) Katherine Tai, Canadian Trade Minister Mary Ng, and Mexican Economy Minister Raquel Buenrostro will allow them to assess the state of the agreement and discuss a series of disputes. Issues include:

• U.S. and Canadian concerns about Mexican energy and biotech policies

• U.S. concerns on Canadian dairy barriers

• Canadian objections to U.S. softwood lumber duties

Another issue is auto rules of origin regulations. Canada and Mexico previously contested the Trump administration’s approach to implementing these rules, arguing the U.S. interpretation was more burdensome than originally negotiated. Even though they won the case in December 2022, the Biden administration has yet to modify the approach, inviting possible retaliation from Canada and Mexico.

Stakeholders plead for answers

U.S. business groups want the Biden administration to formally request a dispute settlement panel to challenge Mexican energy policies that they believe are a violation of the USMCA that went into force three years ago.

The American Petroleum Institute and more than a dozen other business groups raised the energy concern in an 11-page letter to Tai ahead of her attendance today and tomorrow at a meeting of the USMCA Free Trade Commission in Cancún, Mexico.

“We commend the Biden administration’s decision last year to request consultations under the USMCA regarding Mexico’s energy policies,” the groups said in the letter. “However, we are concerned by the Mexican Government’s failure to fix the issues raised by the United States. Mexico continues to hinder the operations of private companies in its energy sector, contrary to its own laws.”

Tai requested consultations with Mexico on the energy issues nearly one year ago on July 20, 2022, and was joined by Canada in the dispute. However, neither country has taken the next step of asking for a panel of trade experts to hear their complaint and decide whether Mexico has violated the three-year-old pact.

Regarding U.S. disputes against Mexico’s biotech corn policies and Canada’s dairy market access barriers, the U.S. has formally requested a dispute settlement panel to issue a decision.

USMCA dispute bottom line

USTR officials said that while the issues on biotechnology, dairy and energy may come up during the discussions, the dispute settlement process was the “primary” venue for such discussions.

“While there are areas of disagreement, of course, some of which may come up in these bilateral meetings, they do not outweigh the productive nature of our trade relationship,” an official said.

The official said those items are not “walled off” from being discussed, the primary format on those topics is the consultations that are ongoing.

Expiration date stamped on the USMCA

The USMCA has an expiration timeline of 16 years, with the opportunity for extension depending on the consensus of Canada, Mexico, and the U.S. The review process starts in year six (2026), where each country can express desire to extend or can raise issues to be addressed. In the latter case, annual reviews will continue until the issues are resolved or the agreement ends in year 16.