Mexico Economic Policy and Trade Practices Country Reports on Economic Policy & Trade Practices / Courtesy UM-St. Louis Match 56 DB Rec# - 60,900 Dataset-ECOPOL Source :U.S. Department of State Source key :ST Program key :ST ECOPOL Program :Country Reports on Economic Policy and Trade Practices Update sched. :Annually ID number :ST ECOPOL MEXICO Title :Mexico Economic Policy and Trade Practices Date of record:04/27/1992 Data type :TEXT Country :054 | MEXICO End year :1992 Text : Mexico Key Economic Indicators 1989 1990 1991 (est) Income, Production and Employment GDP (bil. current US$) 208.5 238.2 280.0 Per Capita GDP (Curr US$) 2,623.0 2,937.0 3,386.0 Real GDP Growth Rate 3.1 3.9 4.5 Contribution by Sector (Percent of GDP) Agriculture, Forestry 7.5 8.8 N/A and Fishing Mining 2.7 2.3 N/A Manufacturing 24.4 22.6 N/A Construction 3.6 3.4 N/A Electricity 1.3 1.3 N/A Commerce, Restaurants 27.0 27.4 N/A and Hotels Transport, Storage 7.5 7.8 N/A and Communications Financial Services, 10.3 11.0 N/A Insurance and Real Estate Communal Services, 15.8 15.4 N/A Social and Personal Size of Labor Force (million) 26.6 27.2 27.9 Open Unemployment Rate 4.0 4.0 4.0 (Percent of Workforce) Money and Prices Money Supply (M1 growth rate) 40.6 62.6 66.0 Commercial Interest Rates 45.9 36.1 23.0 (Annual Perc. Comm. Paper) Savings Rate 36.0 39.0 41.0 (M4 as Percent of GDP) Investment Rate (Perc. GDP) 17.4 18.9 19.0 Consumer Price Index 19.7 29.9 17.0 (Dec.-Dec. Growth Rate) Wholesale Price Index 15.6 29.2 14.0 (Dec.-Dec. Growth Rate) Exchange Rate Official 2453.0 2807.0 3012.0 Parallel 2483.0 2838.0 3016.0 Balance of Payments and Trade (Billions of U.S. Dollars) Total Exports (CIF) 41.5 44.3 48.3 Exports to U.S. 27.2 30.9 34.1 Total Imports (FAS) 35.3 44.0 56.3 Imports from U.S. 1/ 25.0 28.4 37.3 Aid from U.S. N/A N/A N/A Aid from other Countries N/A N/A N/A External Public Debt 76.1 77.8 78.5 External Debt Service Paymnts 11.3 10.4 12.5 (Public Sector Debt) Gold and Forex Reserves 6.9 10.3 16.5 Balance of Payments 0.3 3.1 6.2 1/ Based on U.S. data, which includes imports and exports for the in-bond sector. (Mexican data is calculated free on board for exports and imports, and excludes the in-bond sector.) 1. General Policy Framework A principal feature of the management of economic policy in Mexico since December, 1987 has been a series of government-labor- private sector price and wage restraint pacts, currently known as the Pact for Stability and Economic Growth (PECE). The pacts have combined traditional austerity measures (tight fiscal and monetary polices), heterodox economic measures (price, wage, and exchange rate controls), and rapid trade liberalization. They have been successful in sharply reducing inflation and restoring economic confidence. Complemented by bold measures to privatize and deregulate the economy and steps to attract investment, these policies have also succeeded in reigniting balanced and sustainable growth. Prices of a number of basic goods and services (both publicly and privately produced) were frozen under the original pact. Labor unions and producers were discouraged from raising wages and prices. The controlled peso first was devalued sharply and then frozen from March to December, 1988. Thereafter the controlled peso was devalued by one peso a day against the dollar, with the slide slowing to 80 centavos and then 40 centavos in May 1990 and December 1991 respectively. In 1989 some of the wage and price controls were relaxed and the process continued in 1990 and 1991. Only a relatively few prices, primarily on goods and services defined as basic necessities, are currently controlled. Trade liberalization was accelerated, reducing the maximum tariff to 20 percent and eliminating most import permits. The Mexican government reduced the fiscal deficit by increasing revenue and slashing expenditures. It slowed growth of the money supply by limiting monetary creation and freezing the banks' ability to lend. It also accelerated the process of privatization of parastatals to increase productive efficiency and to reduce subsidies. The economy grew by 4.8 percent in the first half of 1991, up from the 3.9 percent GDP growth registered in 1990. The public sector financial deficit has fallen sharply, a reflection of the success of the Mexican government's efforts to increase revenues and cut expenditures. In 1990 public sector income increased in real terms by 3.5 percent, largely because of rigorous efforts to improve tax collection, while public sector expenditures fell by 4.5 percent in real terms. Public sector expenditures remain higher than income because of debt servicing expenses. Interest payments make up over 30 percent of all expenditures, and over 70 percent of those interest payments are on internal debt. The cost of servicing the internal debt as a percentage of GDP fell from 8.4 percent in 1989 to 6.5 percent in 1990 and is expected to fall again in 1991 because of lower interest rates. The public sector deficit is financed through short, medium and long term floating rate domestic debt. The public sector obtains fresh external debt only for specific projects and in relatively small amounts. About 70 percent of the internal debt is held by the private sector; the balance is held by commercial banks and the central bank. Since 1987 the Mexican government has moved from heavy reliance on required lending by the banking system to greater borrowing from the central bank and the private sector through the issuance of internal debt. In April 1990, banks' reserve requirements were reduced and interest rates were liberalized. Banks reserve requirements were reduced again in September 1991. Mexico is currently engaged in the negotiation of the North American Free Trade Agreement (NAFTA) with the U.S. and Canada. The agreement will result in significant economic benefits to the United States. Mexico is the U.S.' third largest trading partner (after Canada and Japan) and the U.S.' fastest growing export market. 2. Exchange Rate Policies On November 11, 1991, Mexico announced the repeal of its 1982 Foreign Exchange Law, and a new foreign exchange rate mechanism was put into effect. Previously, Mexico had an exchange rate mechanism in which a controlled rate was used to cover the majority of trade and payments transactions. A market rate was used for transactions involving investments and remittances of dividends and royalties, and other private transactions. The market rate was subject to intervention by the Bank of Mexico, in order to keep the differential between the market and controlled rates at a minimum. Now Mexico has only one exchange rate, market based, but subject to intervention by the Bank of Mexico so that the nominal rate will be devalued by 20 centavos per day. Under Mexico's Pact for Economic Solidarity and Growth, the controlled rate was depreciating at a nominal rate of 40 centavos per day. The rate of depreciation against the dollar is less than the inflation differential between the United States and Mexico. Thus in real terms, the peso is appreciating against the dollar. The effect of this real appreciation will be to make U.S. exports to Mexico more affordable to Mexicans. In real terms, the peso has appreciated against the dollar since 1988. In addition to creating a unitary exchange rate, the new regulations allow transactions previously limited to banks to be handled by either banks or currency exchange houses. The new regulations should make international transactions simpler and less costly for Mexicans. 3. Structural Policies In 1991, the Government of Mexico continued its efforts to restructure the Mexican economy, privatizing large state-owned companies, including the commercial banks and the telephone company, and emphasizing the importance of diversified exports for earning foreign exchange. In 1982, petroleum accounted for 77 percent of merchandise exports. By 1990, petroleum represented only 37 percent of merchandise exports. In addition, the Mexican government has moved to divest itself of most parastatal enterprises, both to accelerate the privatization of the economy and to reduce the drag of subsidies on fiscal resources. In 1982, there were over 1,100 parastatal enterprises. As of March 1991, this number had dropped to 269. Some key enterprises up for sale in 1991 were: the second part of the state-owned telephone company (TELMEX), two large steel companies and 9 of the country's 18 commercial banks. During the first 6 months of 1991 the government received the equivalent of over $5.9 billion from the sale of state-owned companies. At the same time, the Mexican government has initiated an ambitious program of deregulation to reduce the role of the government in the economy. Highway freight transportation, container shipping and aquaculture are examples of important sectors that have been deregulated. In May 1989, the Mexican government introduced new rules which facilitate the foreign investment approval process and open the door for automatic or near automatic approval of majority foreign ownership of companies in many sectors. Already the maquiladoras (up to 100% percent foreign-owned companies that assemble from U.S. components products which then reenter the U.S. paying duty only on the value added in Mexico) are a major source of employment and export earnings. In June 1991, the Mexican government promulgated new legislation which provides improved protection for intellectual property in Mexico, and is expected to encourage more foreign investment. The Mexican government has also continued its trade liberalization program. As a result of tariff reform, Mexico's weighted average import tariff is now around 10 percent. Mexico has greatly reduced the number of items subject to export taxes and controls and has expanded government programs and financial incentives to exporters. Nonetheless, Mexican imports have continued to grow more rapidly than exports which will likely result in about a 3.2 billion dollar trade deficit with the United States in 1991. By far the most important recent development in Mexico's trade policy was the decision announced in June 1990 by Presidents Bush and Salinas that the United States and Mexico would investigate the viablility of negotiating a free trade agreement. Presidents Bush and Salinas, joined Canadian Prime Minister Mulroney to announce in February, 1991 the intent of the three countries to pursue a trilateral pact. Formal negotiations among the three countries began in June 1991. The negotiations are comprehensive, covering barriers to trade, investment and services among all three countries. The 19 negotiating groups cover the six major areas of work: market access, trade rules, services, investment, intellectual property rights and dispute settlement. Negotiations are proceeding well and prospects appear good that the negotiations will produce an agreement in 1992 for submission to the domestic processes required by all three countries. 4. Debt Management Policies In 1989 Mexico reached agreements for large new loans from the IMF and World Bank and for debt rescheduling in the Paris Club. In February 1990 the Mexican government signed an agreement for debt reduction and new money from commercial banks. As a result of these agreements, the Mexican government estimates that net external financial transfers will fall from an average of 5.75 percent of GDP during 1982-88 to an average of 2.43 percent of GDP in the 1989-94 period. Mexico's external debt as a ratio to GDP fell from 59 percent in 1988 to 42 percent in 1990. During 1991 Mexico continued to reap the benefits of the successful renegotiation of its external debt concluded in February 1990. One of the major benefits of the debt agreement, besides its direct impact on the balance of payments, has been greater confidence in Mexico among investors and creditors, which has resulted in large capital inflows and the reopening of international credit markets to Mexican borrowers at progressively more favorable terms. In December 1990, Mexico's total external debt was 98.2 billion dollars, 77.8 billion dollars of which was held by the public sector. 5. Significant Barriers to U.S Exports Import Licenses: As part of its policy of rationalizing its system of protection for domestic producers and in accordance with its GATT accession obligations, Mexico agreed to eliminate its previously universal regime of import license requirements in 1985. Nonetheless, the Mexican government continues to require import licenses for 269 product categories. Although import license requirements affect only eight percent of total U.S. exports to Mexico, they are still required on several very important agricultural commodities such as corn, dry beans, wheat, barley, milk, eggs, table grapes, bacon, and poultry. Mexico in the past year eliminated the import license requirement for apples, peaches, and nectarines. However, some phytosanitary restrictions have been placed on these exports. Automobiles: Investments in the automotive sector are subject to the restrictions of the Mexican Automotive Decree, including such performance requirements as local content, exchange balancing and quantitative import restrictions. Foreign participation is only permitted up to 40 percent in auto parts manufacturing. Services Barriers: Insurance: Foreign ownership of Mexican insurance companies is limited to 49 percent by law. U.S. access to the Mexican reinsurance market is also limited by the requirement that Mexican insurers place at least 50 percent of their reinsurance business in the local market. Premium volume is around $1 billion annually. Telecommunications: The main restriction in the telecommunications sector is a limitation on foreign investment in telephone and value added services to a 49 percent equity position. In addition, under the Mexican Constitution, satellite services and the operation of earth stations with international links are reserved for the Mexican Government. Financial services: Foreign participation in the financial services sectors is severely limited. Foreigners may own, in aggregate, up to only 30 percent of a privatized Mexican bank, financial holding company, or brokerage house. Foreign exchange houses are limited to Mexican ownership only. All other financial sectors are limited to 49 percent foreign ownership. Many foreign banks have representative offices in Mexico City but those offices are strictly limited to facilitating the operations of the head office, e.g. no transactions can be booked in Mexico. One foreign bank, the U.S.-owned Citibank, operates 5 full branch offices in Mexico and is able to compete with Mexican banks in most commercial banking activities. Motor Carriers: As a result of bilateral consultations and the Mexican Government's deregulation of truck and bus operations, U.S. truckers and charter bus operators now have substantial cross-border access to Mexico. U.S. truckers still do not have direct access to Mexico; direct access is limited to the border commercial zone. Mexican tractors and drivers are required by law to haul all trailers bound for interior points, and interchange of trailers takes place on the U.S. side of the border. Closer contractual relationships between Mexican and U.S. carriers have produced expedited through service and bills of lading. U.S. charter tour buses now have full access to all points in Mexico; regularly scheduled bus operations are prohibited. Mexican authorities are implementing new safety, weight and dimension regulations to meet U.S. standards, and the two countries have agreed to the standardization and reciprocal recognition of commercial drivers licenses. The U.S. and Mexican Trucking Associations hold joint meetings. Standards, Testing, Labelling and Certification: With the continued removal of import licenses, Mexico has sought to impose new and more restrictive sanitary and phyto-sanitary requirements on imports than previously existed. These new regulations have frequently been drafted in ways which have created confusion and have resulted in disruptions to normal trade flows. Mexico maintains poorly defined procedures for the importation of almost all agricultural products, including processed foods. At times, the Government of Mexico has been unwilling to specify which foreign documents or certifications are acceptable to meet its requirements causing confusion, substantial legal and research costs, and lengthy delays. When standards are changed, Mexican authorities have not always complied with their agreed-to obligations to inform the U.S. Government in a timely fashion. The United States and Mexico are actively discussing possible means for enhancing the exchange of standards information and increasing transparency in the overall process. Recently, to further this exchange of information and to avoid trade disruptions, the United States and Mexico established several committees to discuss sanitary and phytosanitary issues in agricultural trade between the two nations. Investment Barriers: A national foreign investment commission, chaired by the Ministry of Commerce and Industrial Development, regulates foreign investment in Mexico. The country's laws reserve certain sectors to the state (such as oil and gas extraction and the generation and transmission of electrical power) and a considerably wider range of activities to Mexican nationals (for example, forestry exploitation, domestic air and maritime transportation, and gas distribution). Since 1982, the Mexican Government has taken a generally favorable attitude towards foreign investment; this approach accelerated in the later years of the de la Madrid Administration and has continued with the Salinas Government. Reflecting this increasingly favorable attitude toward foreign investment, the Mexican government issued in May 1989 a series of regulations governing foreign investment which liberalized rules in several key areas. Automatic investment approval is now granted foreign majority-owned projects in accordance with certain investment amount, foreign exchange generation and geographic location, etc., criteria. The regulations specify those areas where foreign majority ownership is now permitted, but leave standing those sectors in which state or Mexican national ownership is required by law. However, "temporary" foreign participation in investment projects in sectors limited to Mexicans has been made possible through the development of a system of 20-year renewable trusts to be held by Mexican partners. Government Procurement Practices: In a departure from past practice, the Government of Mexico eliminated its previous requirement that parastatal enterprises give preference to national suppliers; however, Mexican Government agencies are still required by law to procure from Mexican national firms unless authorized to procure internationally or if goods are not available domestically. Mexico has indicated a willingness to become a signatory to the GATT Procurement Code, but has not yet done so. The free trade agreement is expected to cover government procurement practices. 6. Export Subsidies Policies In 1986, Mexico signed a bilateral understanding on export subsidies with the United States. The Mexican government has informed the United States Government that it maintains no export subsidy program and is in full compliance with its obligations under the subsidies agreement; an April 1990 report by the U.S. International Trade Commission stated the export subsidy programs maintained in the past by Mexico have either "been terminated or the subsidy element has diminished." The United States continues to monitor loans provided to the Mexican steel sector through Nafinsa, the state-owned development bank, to consider whether such loans constitute financial subsidies for Mexican steel exports. 7. Protection of U.S. Intellectual Property Mexico is a member of the World Intellectual Property Organization, as well as the Berne Convention for the Protection of Literary and Artistic Works, the Paris Convention for the Protection of Industrial Property, the Universal Copyright Convention, the Geneva Phonograms Convention and the Brussels Satellite Convention. The Mexican government significantly increased its protection of intellectual property by means of a new Act for the Protection of Industrial Property (patents and trademarks) that came into effect on June 28, 1991, and reforms to the copyright act that became effective in August 1991. As a result, Mexico now provides intellectual property protection that is relatively strong in comparison with that afforded by other developing countries and even a number of industrialized countries. Several U.S. concerns over Mexican intellectual property protection remain to be addressed in the ongoing NAFTA negotiations, such as patent protection for plant species, a statutory right of importation for copyrighted works, protection for semiconductor chip layout design and general intellectual property rights enforcement issues. Whatever changes are negotiated in these areas will be strongly influenced by the outcome of the Trade Related Aspects of Intellectual Property (TRIPS) segment of the Uruguay Round/GATT negotiations, still in progress at the time of this report. Product patent protection was extended to all processes and products, including chemicals, alloys, pharmaceuticals, biotechnology and plant varities. The patent protection term was extended from 14 to 20 years from the date of filing. Trademarks are now granted for ten year renewable periods. The enhanced copyright law provides protection for computer programs against unauthorized reproduction for a period of 50 years. Of particular importance to U.S. producers, sanctions and penalties against infringements have been increased. In addition, damages now can be claimed regardless of the application of sanctions. With the sweeping new legal framework only recently enacted, enforcement of the new regime will be the key intellectual property concern over the next year, as past losses to U.S. producers have been large. 8. Worker Rights a. The Right of Association The Constitution guarantees workers and employers the right to form unions and professional associations. Unions must register with the Labor Secretariat, though registration requirements are not onerous. Leftist labor activists complain, however, that their effects to register new unions are rejected unjustifiably. Mexico enjoys a well-developed trade union movement with close to 30-35 percent of a workforce of an estimated 23-26 million organized into union confederations (largely affiliated with the ruling Institutional Revolutionary Party) and a small number of independent unions. Almost all public sector employees are unionized, and have the right to strike, although this is rarely exercised. b. The Right to Organize and Bargain Collectively Both the right to organize and bargain collectively are guaranteed by Mexican labor law and generally honored in practice. Collective bargaining is common, particularly in industry and commerce, less so in the public sector. The right to organize is respected in the in-bond (Maquila) industry, although relatively few workers of the firms belong to unions. Generally speaking, nonunion in-bond firms provide benefits and working conditions that match or exceed those established by union contracts. Workers are protected by law from antiunion discrimination but this law is unevenly enforced, especially in states with a low degree of unionization. c. Prohibition of Forced or Compulsory Labor The Constitition prohibits forced or compulsory labor. There have been no credible reports for many years of forced labor in Mexico. d. Minimum Age of Employment of Children Mexican law sets the minimum age of employment for children at 14 years of age, with those 14 and 15 permitted to work a maximum of 6 hours daily in nonhazardous areas. Fourteen and 15 year olds also may not work at night or do overtime. Child labor laws are strictly enforced in large and medium-sized manufacturing and commercial establishments. Enforcement is less effective in smaller shops and factories, and even less still among street vendors or others engaged in the underground economy. e. Acceptable Conditions of Work Mexican labor legislation provides substantial protection for workers with respect to occupational safety and health, though again, compliance with the law varies in accordance with the size and formal organization of the establishment. The law provides for a maximum work week of 48 hours. Minimum wage legislation is often revised to account for inflation, but has not kept up with actual rises in the cost of living. Unionized workers generally enjoy a somewhat higher standard of living than that provided by the legislated minimum wage, and for the past two years their wages and benefits have kept pace with inflation. f. Rights in Sectors with U.S. Investment The following sectors have U.S. investment: Food and related products, chemicals and related products, primary and fabricated metals, machinery (except electrical and electronic equipment), transportation equipment, other manufacturing, wholesale trade. (N.B. petroleum is a state monopoly.) In all of the above sectors, the rights of association and to organize and bargain collectively, a prohibition on the use of forced or compulsory labor, a minimum work age, and acceptable working conditions exist and are respected. As stated earlier, the majority of Mexican workers at in-bond plants have not been unionized, and there have been accusations that unionization has been discouraged and other worker rights, such as minimum age restrictions, violated. Such accusations have not, by and large, held up to scrutiny, with the exception of smaller plants (10 - 100 workers) which are more likely to be locally rather than foreign-owned. Extent of U.S. Investment in Goods Producing Sectors U.S. Direct Investment Position Abroad on a Historical-Cost Basis - 1990 (Millions of U.S. dollars) Category Amount Petroleum 80 Total Manufacturing 7,314 Food & Kindred Products 913 Chemicals & Allied Products 1,596 Metals, Primary & Fabricated 336 Machinery, except Electrical 310 Electric & Electronic Equipment 562 Transportation Equipment 1,749 Other Manufacturing 1,849 Wholesale Trade 503 TOTAL PETROLEUM/MANUFACTURING/WHOLESALE TRADE 7,897 Source: U.S. Department of Commerce, Survey of Current Business, August 1991, Vol. 71, No. 8, Table 11.3 -------------------------------------------------------------------------- US Department of State COUNTRY REPORTS ON ECONOMIC POLICY AND TRADE PRACTICES from US Dept. of Commerce National Trade Databank (NTDB) CD-ROM SuDoc number C 1.88:993/10 (RCM-Libraries of the Univ. of Missouri-St. Louis)/ CRPT0055