RTA DISPUTES - NORTH AMERICA

US-Mexico-Canada Agreement (USMCA)/Canada-US-Mexico Agreement (CUSMA)/Tratado México-Estados Unidos-Canadá (T-MEC)

CUSMA/T-MEC/USMCA Joint Secretariat webpage on Dispute Settlement, including texts of dispute settlement chapters 10, 14 and 31, Rules of Procedure, Codes of Conduct, Procedural Forms, Decisions and Reports (for CUSFTA, NAFTA and the current agreement), and Roster Members.

THIS WEBPAGE covers Chapter 31 disputes. Separate webpages in this site cover actions under the Rapid Response Mechanism concerning labor rights, and actions under USMCA Chapter 24 concerning environmental protection.

Coverage of disputes under NAFTA, CUSFTA and the (inter-provincial) Canada Free Trade Agreement is on a separate webpage on this site here.

All non-confidential documents submitted by any party to any dispute under USMCA Chapter 31 or Chapter 10, as well as complete transcripts of panel hearings, are available for reading and downloading, through the online public e-reading room maintained by the (US) Trade Agreements Secretariat. Readers must register for access, but access is free. In addition, a USTR webpage on Chapter 31 disputes provides copies of US submissions in these disputes. Mexico’s Ministry of Economy has a webpage for state-to-state trade disputes.

CHAPTER 31 (Government-to-government dispute settlement)

(1) Canada - Allocation of Dairy Tariff Rate Quotas

(A): First USMCA dispute, 2020-2022:

  • December 9, 2020: USTR announces a request for consultations under USMCA Chapter 31 dispute settlement procedures, concerning Canada’s measures allocating dairy tariff rate quotas under USMCA. This is the first dispute launched under USMCA, which entered into force on 1 July 2020.

  • May 25, 2021: USTR announces that US has requested and established a panel in the dispute concerning Canada’s measures allocating dairy tariff quotas under USMCA: USTR posts copy of panel request.

  • July 5, 2021: Canada and US complete the panel selection for the CUSMA/USMCA Chapter 31 dispute Dairy TRQ Allocation Measures (CDA-USA-2021-31-01). Panelists: Elbio Rosselli, Julie Bédard, Marc Hansen.

  • July 12, 2021: US initial written submission in this dispute; for other US submissions see USTR webpage on Chapter 31 disputes. December 20: Final Panel Report transmitted to the Parties.

  • January 4, 2022: Final Panel report released: USTR press release; USDA press release; Canada Global Affairs press release.

  • January 12, 2022: Blogpost by former Canadian trade negotiators discusses the commercial roots of this case and the panel report. Blogpost also suggests possible compliance paths by Canada: (1) Stop reserving TRQ for Canadian dairy processors; (2) Keep existing TRQ allocation mechanism as it is and pay compensation to US; (3) Change TRQ allocation rules to comply with USMCA but still allocate the TRQ to the same Canadian dairy processors.

  • February 3: Deadline for agreement between the parties on a resolution of the dispute. Agricultural press reports that Canada transmitted compliance proposal on 2 February. Politico Pro reports that the governments are discussing compliance, and that they prefer settlement by agreement rather than retaliation.

  • March 1: The Canadian government posts a proposal for implementation of the panel report in the USMCA dispute on Dairy TRQs, and requests comments from stakeholders by April 19, 2022. Proposal focuses on the panel finding regarding reserving TRQ pools exclusively for the use of processors. March 3: US dairy producers and exporters denounce the proposal as denying market access.

  • April 6: At House Agriculture Committee hearing, USDA FAS Admr. Daniel Whatley states that Canadian proposal falls short of what the panel report indicated. April 14: Speaking on AgriTalk podcast, USDA Secretary Vilsack states USDA will continue to push, and may seek another dispute.

(B) Second USMCA dispute, 2022-23:

  • May 25, 2022: US brings second USMCA dispute challenging Canada’s dairy TRQ administration. New consultation request on Canada revised policies focuses on (1) continued limit on TRQ eligibility to processors, further processors, and distributors (excluding others such as retailers and food service operators); (2) requirement for TRQ eligibility that an applicant must be active during all 12 months of a 12-month reference period, potentially excluding otherwise eligible applicants, in particular new entrants; (3) failure by Canada to allocate all of its dairy TRQs for calendar year 2022 even though USMCA requires Canada to fully allocate the TRQs at beginning of year; (4) failure to comply with commitments on transparency and notice in TRQ administration. Links: USTR press release; consultation request.

  • December 20: USTR requests dispute settlement consultations again (for a third time) on Canada’s administration of its dairy TRQs. New request expands US complaint on Canada dairy TRQ allocation measures, to include Canada use of market-share approach for determining TRQ allocations. Links: USTR press release; text of consultation request; statement by Canadian Trade Minister Mary Ng.

  • January 31, 2023: USTR announces establishment of a second USMCA dispute settlement panel on Canada’s dairy TRQ administration — stating that although US won the earlier USMCA dispute on Canada dairy TRQs, Canada’s revised measures have not fixed the problem. Links: USTR statement; US panel request; USTR press release with political and stakeholder reactions; Statement by Canadian Trade Min Mary Ng; Comment on the dispute by Janyce McGregor of CBC News; Agri-Pulse on US dairy exporter views

  • Panelists: Mateo Diego Fernández (chair); Kathleen Claussen and Serge Fréchette (panelists)

  • March 20: US files first submission; May 2: Canada first submission; May 15: submissions by non-governmental entities, the International Cheese Council of Canada and the Retail Council of Canada; June 2: US rebuttal submission; June 30: Canada rebuttal submission. Link: Trade Agreements Secretariat e-filing site (for case documents)

  • July 19-20: Panel holds its hearing in Ottawa. (Hearing transcript is available in electronic docket for this case on Trade Agreements Secretariat website).

  • August 30: Second panel releases revised timetable for panel process: panel will transmit its initial panel report to the disputing parties on October 11, 2023, will transmit its final report to the disputing parties on November 10, and will release its final report to the public by 15 days thereafter after redacting confidential information.

  • November 24: Canada and US release the panel decision in the 2023 US challenge to Canada’s administration of dairy TRQs under USMCA.

    • Panel report (transmitted to the parties on November 10) finds that Canada’s measures are not inconsistent with USMCA, in respect of US claims regarding (i) Canada’s treatment of certain types of TRQ applicants, (ii) Canada’s use of a market share allocation system with different criteria for different types of applicants, and (iii) Canada’s 12-month activity requirements. With respect to US claims concerning Canada’s mechanism for return and reallocation of unused allocations, Panel states it is unable to find that Canada’s measures are inconsistent with USMCA. One (dissenting) panelist finds that (as claimed by US) Canada’s measures breach USMCA by excluding ex-ante potential applicants who are active in the Canadian food or agriculture sector, and to the extent that these measures grant access only to processors, distributors, and, in some cases, further processors and exclude all other eligible applicants, such as retailers and food service operators, among others.

    • Global Affairs Canada statement applauds the panel report and affirms support for dairy supply management. USTR Tai statement notes disappointment at the panel findings, and states that US continues to have serious concerns about Canada implementation of USMCA dairy market access commitments; states that US won the 2022 USMCA dispute on Canada dairy TRQ allocation measures, but Canada’s revised policies have not fixed the problem for U.S dairy farmers; US will continue to work to address this issue with Canada, and will use all available tools to enforce US trade agreements.

    • Report by CBC trade reporter Janyce McGregor recalls history of dairy supply management and dairy dispute. According to McGregor: “When the European Union obtained access to Canada's restricted cheese market in the Comprehensive Economic and Trade Agreement (CETA), it required Canada to earmark a share of the tariff-free import quota for retailers, with another portion set aside for new entrants to the Canadian market. The Americans did not negotiate this kind of language when CUSMA was signed. That allowed the permit allocation process for U.S. imports to include only domestic processors and existing distributors, not potential new competitors. Under both CUSMA and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) with Pacific Rim dairy exporters like New Zealand, Canadian dairy processors effectively control what enters their market.”

  • November 27: USTR press release on “What They are Saying: USMCA Dairy Ruling” reprints statements by USTR Tai, USDA Secretary Vilsack, and strong statements by House Ways & Means Chair Jason Smith; House Agriculture Chair GT Thompson and ranking member David Scott; Cong. Elise Stefanik; and Cong. Adrian Smith against Canadian dairy import restrictions

  • December 7: Six Wisconsin Republican Congressmen write to USTR Tai and USDA Secretary Vilsack arguing that Nov. 24 panel decision “deprives Wisconsin dairy exporters of the market access negotiated in good faith and sets an unfortunate precedent for future enforcement of trade agreements”; letter urges them to share their plan for next steps, and strategy to address barriers to dairy trade. Links: press release; letter.

  • December 14: Congs. Elise Stefanik (R-NY), Mike Bost (R-IL), Jim Costa (D-CA), Michelle Fischbach (R-MN), Annie Kuster (D-NH) and Suzan DelBene (D-WA) lead bipartisan letter to Secy. Vilsack and USTR Tai, expressing extreme disappointment in the recent USMCA panel report on Canada’s dairy TRQs and demanding that USTR and USDA outline next steps they plan to take to ensure fair access to Canadian export markets for U.S. dairy products. Links: press release; letter.

(2) United States - Safeguard on Imports of Crystalline Silicon Photo-Voltaic Cells

  • December 22, 2020: Canada requests consultations with US under USMCA Chapter 31, concerning US inclusion of Canadian exports in the scope of the US safeguard measure on solar cells/modules/panels imposed under Section 201 of the Trade Act of 1974; Canada alleges breach of Chapters 2 and 10 of USMCA. (Canada brought a similar complaint under NAFTA Chapter 20 on July 23, 2018, but did not pursue a NAFTA panel.)

  • June 18, 2021: Canada requests a panel in this dispute.

  • August 4: Canada and US complete panel selection. Panelists: Mario Matus (Chair); Jennifer Hillman (Canada); Prof. Donald McRae (US). For documents, see Trade Agreements Secretariat e-reading room and USTR webpage on Chapter 31 disputes.

  • November 10: Panel hearing. January 3, 2022: Panel transmits its initial report to the parties

  • February 4, 2022: President Biden signs Proclamation 10339 extending US solar safeguard measure for four more years. Proclamation instructs USTR to enter into negotiations with Canada and Mexico on agreements limiting their exports to the US of these products, and authorizes USTR to exclude goods of Canada and Mexico from the safeguard measure. On February 4, Canadian Trade Minister Mary Ng tweets: “Canada is pleased to see @POTUS recognize the exceptional nature of the Canada-U.S. relationship in today’s solar statement. By working together we will meet our shared climate goals, create jobs, and build a strong industry. Stay tuned…” (Mexican Ministry of Economy announces that it will negotiate agreement with USTR, and in parallel evaluate taking measures consistent with USMCA and the WTO Agreement, including rights to exclusion and compensation or suspension of concessions.)

  • February 15: Panel report released in USMCA dispute, Crystalline Silicon Photovoltaic Safeguard Measure. Panel finds that application of US safeguard measure to imports of crystalline silicon photovoltaic (CSPV) products (solar cells, modules, panels) originating in Canada is inconsistent with USMCA Article 10.2.1. Panel Report here; Backgrounder by Global Affairs Canada; Press statement by Canadian Trade Minister Mary Ng. Parties have 45 days to reach agreement and resolve the dispute.

  • July 7: Canada’s Trade Minister Mary Ng announces US agreement to remove safeguard tariffs on solar products from Canada.

  • July 8: Canada and US sign MOU. Link: signed text of MOU.

  • July 20: USTR publishes Federal Register notice, which describes the MOU as an agreement limiting export from Canada and import into US of solar (CSPV) products. The FR notice suspends application of the US solar safeguard to imports of such products originating in Canada, retroactive to February 1, 2022; US Customs issues guidance (here).

  • August 5, 2022: Canada and US jointly notify the USMCA Secretariat that they have agreed on a resolution of this dispute.

(3) United States - USMCA Automotive Rules of Origin

  • August 20, 2021: Government of Mexico requests consultations with US under USMCA Article 31.4 “for the purpose of avoiding or settling a potential dispute” regarding US application of USMCA rules of origin for motor vehicles: specifically, calculation of regional value content for motor vehicles. Ministry of Economy press release; consultation request; English-language translation. Report and analysis in El Economista (Mexico City). Mexican government webpage with links to documents for this dispute.

  • August 27: Canada joins consultations (Reuters report).

  • January 6, 2022: Mexico requests a panel: Ministry of Economy press release.

  • January 13, 2022: Canada notifies it will also participate in the dispute. Canadian trade minister’s statement; statement by Mexican trade minister welcoming Canada’s participation.

  • March 23: the three parties to the USMCA dispute on Automotive Rules of Origin notify the USMCA Secretariat that they have selected a panel of five: Elbio Rosselli (Chair); Prof. Kathleen Claussen (appointed by Canada); Ann Ryan Robertson, C.Arb, FCIArb (appointed by Mexico); Jorge Miranda (appointed by US); and Prof. Donald McRae (appointed by US).

  • March 29: Canada and Mexico file their initial written submissions in this dispute.

  • March 31 and April 4: the Asociación Mexicana de la Industria Automotriz and the Global Automakers of Canada request leave to submit written views to the panel. April 14: The panel agrees and set deadlines (and these submissions were duly submitted). are due by May 27 and parties may respond by June 3.

  • April 14: Panel timetable issued: Respondent written submission: May 19. Complainant rebuttal submissions: June 9 (released June 23 due to translation time). Respondent rebuttal submission: July 25. Hearing: August 2-3 in Washington (with two delegations present, one participating virtually; 4 panelists present, one participating virtually. Panel written questions: August 8, party responses: August 15 and comments on responses: August 22.

  • Initial report to the parties was due no later than 150 days after March 23 (the date of appointment of the last panelist). This date was August 22 (the first business day after the 150th day, which is August 20). The Final Report is to be transmitted to the parties no later than 30 days after the initial report, and it is to be released to the public within 15 days thereafter. On August 3, at the end of the hearing, the chairman announced that the panel will transmit its initial report to the parties on October 12, and its final report on November 10.

  • November 14: Panel transmitted initial report to the parties then received comments by end of November. Initial ruling reported to find in favor of claims by Canada and Mexico: Nov. 24 report in El Universal

  • Final report transmitted to parties in confidence in mid-December 2022.

  • January 11, 2023, 4 pm: Final panel report dated December 2022 released, after conclusion of “3 Amigos” USMCA summit in Mexico City. Links: Panel report; Statement by USTR; Statement by Canadian Trade Minister Mary Ng; Video of PM Trudeau and Minister Ng; Statement by Mexican Ministry of Economy; reporting by Alex Panetta of CBC; explanation from Larry Friedman’s excellent Customs Law Blog on “roll-up” in USMCA automotive rules of origin.

  • July 5: USTR briefed press on the July 6-7 annual meeting of the USMCA Free Trade Commission. On the USMCA dispute on automotive rules of origin, Reuters notes statement by USTR spokesperson that the US is working separately with Canada and Mexico to find a solution for "enhancing North American motor vehicle production and jobs."

  • July 20: As part of campaign plan to save US auto industry, former President Trump announced that on Day One of his next administration, he will “secure the USMCA’s protections for American auto workers from globalist assault.

    • “In January of this year, international bureaucrats on the USMCA Panel—at the direction of Canada and Mexico and unopposed by Joe Biden—changed the terms of USMCA to reduce the amount of regional auto parts content in North American cars by up to 33%, directly benefiting China and other foreign producers.

    • President Trump will communicate to Canada and Mexico that FULL compliance with the terms of the USMCA is not optional.”

  • October 28: Meeting with USTR Tai in Japan, Canada’s Minister of Export Promotion Mary Ng raises implementation of the USMCA panel decision on automotive rules of origin.

  • November 22: USTR announces launch of statutory review of operation of USMCA on trade in automotive goods. Federal Register notice seeks input on automotive sector actions to comply with USMCA automotive rules of origin; enforcement of rules of origin; and whether automotive rules of origin remain effective in light of new vehicle technologies and changes in auto and auto parts manufacturing. Comments to be submitted via Regulations.gov online portal through January 17, 2024; virtual hearing will take place February 7, 2024. USTR will report to Congress by July 1, 2024. Links: November 22, 2023 FR Notice: July 1, 2022 USTR report to Congress on first review of USMCA and trade in automotive goods. 

  • March 6, 2024: At a Brookings Institution event on the 2026 review of USMCA, USTR Tai states that the review will include the outcome of disputes brought under USMCA, mentioning the dispute on dairy market access and the dispute on automotive rules of origin. Discussions on trade in automotive goods will need to take into account changes resulting from pandemic-era supply chain issues; challenges posed by climate change and the green transition; and the challenge of Chinese EV production. Regarding dairy, Tai stated that dispute settlement had failed to deliver the increased market access promised to US dairy producers in USMCA.

(4) Mexico - Energy Policy Measures

  • July 20, 2022: US requests consultations under USMCA Chapter 31 with Mexico concerning measures by Mexico that allegedly undermine American companies and U.S.-produced energy in favor of Mexico’s state-owned electrical utility, the Comisión Federal de Electricidad (CFE), and state-owned oil and gas company, Petróleos Mexicanos (PEMEX). Measures challenged:

  • 2021 amendment to Mexico’s Electric Power Industry Law that prioritizes CFE-produced electricity over electricity generated by all private competitors;

  • Inaction, delays, denials, and revocations of permits and other actions that hinder private companies’ abilities to operate in Mexico’s energy sector;

  • December 2019 regulation granting only PEMEX an extension to comply with maximum sulfur content requirements under Mexico’s applicable automotive diesel fuel standard;

  • June 2022 action advantaging PEMEX, CFE, and their products in the use of Mexico’s natural gas transportation network.

Links: USTR press release; Text of consultation request; USTR “What they are saying” press release with links to articles in US press and reactions in Congress to complaint; Ministry of Economy press releases

  • December 12: Mexican Secretaría de Economía proposed work plan to accelerate consultations with US and Canada concerning energy sector; work plan includes formation of technical work group to meet in Mexico City, and working groups to be established Dec. 2022-Jan. 2023 on (i) Electric Power Industry Law, (ii) Company amparos, (iii) status of permits, (iv) transition to ultra-low-sulfur diesel fuel, (v) northern Mexico pipelines. Links: SE statement

  • March 10, 2023: American Petroleum Institute, American Clean Power Association and National Association of Manufacturers wrote to USTR Tai arguing that Mexico has not engaged constructively in the consultation process, and urging her to use every tool available to enforce the USMCA. Links: Letter; Bloomberg report.

  • July 6-7: Third annual meeting of the USMCA Free Trade Commission of the three trade ministers, in Mexico. Speaking with the press (Reuters), USTR Tai said that the US sees some progress on its energy dispute with Mexico, although "deep-seated" concerns persist.

  • August 21: In Reuters interview, Mexican Minister of Economy Raquel Buenrostro stated that Mexico and US are working on text of an agreement to settle their bilateral dispute on Mexican energy measures without resorting to a panel process.

  • September 6: Reuters reported that Biden administration has asked US oil and renewable energy companies to prepare affidavits documenting how Mexico’s policies (e.g. denial of permits and applications that favors state companies Pemex and CFE) disrupted their investments; if talks on energy issue continue to stall and affidavits produce evidence for a panel request, US likely to seek USMCA dispute settlement panel before end of 2023.

  • September 15: In interview with Bloomberg News, US Ambassador to Mexico Ken Salazar stated that differences of view on whether Mexico’s energy measures violate USMCA are so substantial that they should be resolved by USMCA panel process. Links: article on Salazar interview; video of interview.

  • January 31, 2024: Second Chamber of the Supreme Court of Mexico (SCJN) grants an injunction (amparo) in favor of six companies against provisions of the 2021 Electricity Industry Law which give absolute priority to the government electricity monopoly CFE in selling power to the grid. Decision: Amparo en revisión 164/2023. These provisions were the subject of a US request for consultations under USMCA Chapter 30.

    • SCJN decision ruled that provisions on priority of dispatch of power to the grid are unconstitutional because they breach the constitutional principles of competence and free competition established in the 2013 constitutional revision that opened energy markets to competition. Furthermore, issuance of clean energy certificates to CFE discourages production of clean energy in violation of the principle of sustainable development. Decision also noted that while this amparo only applies to the six companies, the same result will apply for other participants in the wholesale electricity market, as disparate treatment of these companies would ignore constitutional principles established by the 2013 constitutional reform.

    • February 1: President Lopez Obrador stated that his government will challenge the SCJN decision.

    • Links: Supreme Court press release; Commentary from El Economista; Reporting from El Universal (1) on effect on the USMCA dispute on Mexico’s energy regulation (2) Morena party prepares to impeach head of Supreme Court Second Chamber because of his vote for the decision (3) Private sector urges respect for the decision.

(5) Mexico - Ban on GM corn

  • January 30: USTR transmits request to Mexico’s Secretaría de Economía under USMCA Article 9.6.14 for “an explanation of the reasons for” and “pertinent relevant information regarding” Mexico’s planned bans on GMO corn and on glyphosate; letter requests response by February 14. 

  • February 10: USTR chief agricultural trade negotiator Doug McKalip tells Reuters of the January 30 letter, stating that the response will help USTR decide whether to bring a formal USMCA dispute. McKalip and others had met with Mexican government recently concerning these bans.

  • February 13: Mexican government issues decree banning genetically modified white corn for food use, while temporarily allowing GM corn for feed and industrial uses. Links: Mexican decree in Diario Oficial; Agri-Pulse; El Economista

  • March 6: USTR Tai requests technical consultations with Mexico under USMCA Article 9.19.2, concerning: (1) Mexico’s rejection since August 2021 of authorization applications covering corn, canola, cotton, and soybean events, and consequent bans on products containing these events; (2) February 13, 2023 Decree banning use of GM corn for nixtamalization or flour production; and (3) Mexico’s decision (in the February 13 Decree) to gradually substitute GM corn used for animal feed and for human consumption other than in dough or tortillas. Technical consultations under USMCA Article 9.19 are a prerequisite to government-to-government dispute settlement under USMCA Chapter 31 concerning any sanitary or phytosanitary (SPS) measure. Links: USTR press release; US request for consultations; USDA press release; Mexico Ministry of Economy statement; Bloomberg; El Economista.

  • March 7: President Lopez Obrador states that Mexico will not budge, will still implement a ban in some form on GM corn, and will go to a panel if there is no agreement in 30 days.

  • June 1: Ways and Means Trade Subcommittee chair Rep. Adrian Smith and 63 other members of Congress send letter to USTR Tai urging immediate enforcement of USMCA commitments to address threat to US exports from Mexico’s ban on US biotech corn.

  • June 2: USTR announces US request for dispute settlement consultations under USMCA Chapter 31 on Mexican measures concerning genetically engineered (GE) corn and other products. US and Mexico held technical consultations March 30, 2023 on these measures; USMCA Article 9.19 provides that a party can cease technical consultations and have recourse to Chapter 31 dispute settlement after the technical consultations meeting. Measures at issue: (1) rejection of authorization applications covering corn, canola, cotton, and soybean GE events (resulting in ban on importation or sale in Mexico of products that include the rejected events); (2) February 13, 2023 Decree banning use of GE corn for nixtamalization or flour production; and (3) instruction in February 2023 Decree to Mexican authorities, to gradually substitute GE corn used for other human consumption or for animal feed. Links: USTR press release; USTR request for Chapter 31 dispute settlement consultations.

  • June 9: Canadian Minister of Agriculture and Agri-Food Marie-Claude Bibeau and Minister of International Trade Mary Ng announce that Canada will participate as a third party in dispute settlement consultations with Mexico initiated by US on June 2, and state that “Canada shares the concerns of the U.S. that Mexico’s measures are not scientifically supported and have the potential to unnecessarily disrupt trade in the North American market.” Links: Canadian notice of intention to join as third party.

  • June 23: Mexico’s Ministry of Economy publishes decree in Diario Oficial imposing 50% tariff on imports of white corn. Links: AP coverage.

  • Week of June 26: US-Mexico consultations in dispute on genetically engineered corn

  • July 4: In El Universal interview, leaders of Mexico’s Grupo Consultor de Mercados Agrícolas (GCMA) criticize Mexican decree banning uses of transgenic corn, as based on ideology rather than science; discuss commercial issues and predict the dispute will go to panel process.

  • August 17: USTR announces that US has requested establishment of a dispute settlement panel under USMCA Chapter 31, to examine Mexico’s biotechnology measures concerning genetically engineered corn. Mexican Ministry of Economy announces receipt of panel request, stating that Ministry and other government agencies will defend Mexico, and show that Mexican measures are consistent with USMCA and have no trade effects.

  • August 18: Mexican President Andrés Manuel Lopez Obrador, in daily press briefing, dismisses US panel request on Mexican ban on uses of GE corn, states that the ban is consistent with USMCA, and reiterates proposal for joint research on health effects of GE corn before any panel process.

  • August 21: In Reuters interview, Mexican Minister of Economy Raquel Buenrostro states that Mexico will not modify its measures on white corn before a ruling by the USMCA dispute settlement panel, and reiterates proposal for health research before panel process.

  • August 25: Canada announces it will participate as third party in US-Mexico dispute concerning use of genetically engineered corn in tortillas and dough; states shared concerns that Mexico not complying with USMCA SPS chapter and that Mexican measures not scientifically supported. Links: Canada notice of intention to join as third party; Canadian Agri-Food Trade Alliance statement welcomes Canadian opposition to Mexican ban on transgenic corn use.

  • October 19: USMCA Secretariat notifies the panel in dispute on Mexico’s measures on GMO corn was constituted on October 19. Panelists are: Christian Haeberli, Chair; Hugo Perezcano Díaz and Jean Kalicki, panel members.

  • October 7 - November 7: Pursuant to Article 20 of the Chapter 31 Rules of Procedure, various non-governmental organizations submit requests to submit written views to the panel that may assist the panel in evaluating the submissions and arguments of the disputing Parties. Organizations include (in alphabetical order) Asociación Nacional de Empresas Comercializadoras de Productores del Campo A.C. (ANEC); Biotechnology Innovation Organization; Canadian Biotechnology Action Network (CBAN); Center for Food Safety (CFS); Council of Canadians; El Poder del Consumidor A.C.; Farm Action; Friends of the Earth United States; Fundación Semillas de Vida A.C.; Global Development and Environment Institute (GDAE) at Tufts University; Institute for Agriculture & Trade Policy, Rural Coalition and Alianza Nacional de Campesinos; National Farmers Union (NFU Canada); Proyecto de Desarrollo Rural Integral Vicente Guerrero (Grupo Vicente Guerrero, or GVG); Proyecto sobre Organización, Desarrollo, Educación e Investigación (PODER).

  • November 20: Annual Report by USDA Agricultural Trade Office/Mexico City on Mexico’s regulatory environment for agricultural biotechnology.

  • December 15: Panel issued its decision regarding 14 applications from non-governmental entities for leave to file written views.

    • For six applications, Panel granted leave to file written views limited to issues set out in the organization’s application: BIO; Semillas de Vida; IATP/Rural Coalition/Alianza Nacional de Campesinos; CBAN; CFS; Council of Canadians.

    • For five applications, Panel granted leave to file written views limited to issues set out in application, but excluding issues that are not before the Panel (e.g. glyphosate issues): EPC/ASA; PODER; FOE; ANEC; GVG.

    • For three applications, Panel did not grant leave to file written submission as the application did not explain how the submission would bring a perspective, particular knowledge or insight that is different from that of the participating Parties, and why its views would be unlikely to repeat arguments made or likely to be made by a Party: Farm Action, NFU Canada, GDAE.

  • January 8: Panel in USMCA dispute on Mexican measures on GM corn issued revised decision regarding applications from non-governmental entities for leave to file written views — after receiving further views from Canada, Mexico and US.

    • For four applications, Panel granted leave to file written views limited to issues set out in the organization’s application. BIO; Semillas de Vida; IATP/Rural Coalition/Alianza Nacional de Campesinos; CFS.

    • For five applications, Panel granted leave to file written views limited to issues set out in application which are issues before the Panel (e.g. importation and use of GM white corn for human consumption, human health and environmental aspects of GM white corn, Mexico food safety policy, corn biodiversity protection): EPC/ASA; PODER; FOE; ANEC; GVG.

    • For two applications, Panel did not grant leave to file written submission as the application did not explain how the submission would bring a perspective, particular knowledge or insight that is different from that of the participating Parties, and why its views would be unlikely to repeat arguments made or likely to be made by a Party: Farm Aid; GDAE.

    • For three applications by Canadian entities, Panel did not grant leave to file views because as a Canadian entity, the entity was not “a non-governmental entity located in the territory of a disputing party” as required by Art. 20.1 of USMCA Chapter 31 Rules of Procedure: NFU Canada; CBAN; Council of Canadians.

  • January 29, 2024: USMCA Panel on Mexico’s GM corn measures released its timetable for the dispute. Upcoming dates:

    • Mexico first submission: Jan. 15, 2024 (translation March 5)

    • Non-governmental entity submissions: March 15 (translation April 5)

    • Third party submission: March 15 (translation April 5)

    • US rebuttal submission: March 26 (translation April 23)

    • Mexico rebuttal submission: May 14 (translation June 11)

    • Hearing: week of June 25, 2024

    • Panel questions: 3 days after last day of hearing (~July 1)

    • Initial report September 2024 (translation October 2024)

    • Final report: November 2024 (translation November 2024).

  • February 6: USTR Katherine Tai spoke on the GM corn dispute at the University of Chicago: blogpost by Simon Lester.

Last updated: March 6, 2024