Mexico´s position in the USMCA corn dispute

By Goodrich, Riquelme y Asociados

The United States believes that Mexico's ban on genetically modified (GM) corn for human consumption violates the United States-Mexico-Canada Agreement (USMCA), which guarantees free trade in agricultural products between the two countries. Mexico argues that the decree is necessary to protect its domestic corn industry and its traditional food culture, and that it is within its rights to do so under the USMCA.

At the heart of the dispute is the question of whether GM corn is a plant variety or a new invention. If GM corn is a plant variety, then Mexico is free to restrict its import and cultivation under the USMCA. However, if GM corn is a new invention, then Mexico is obligated to allow its importation and cultivation under the USMCA.

The US argues that GM corn is a new invention because it is created using a patented process. Mexico argues that GM corn is a plant variety because it is the product of a natural process, even if that process is assisted by human intervention.

The USMCA's Chapter 3, which deals with agriculture, does not explicitly define whether GM crops are plant varieties or new inventions. However, it does state that countries are free to restrict the importation and cultivation of plant varieties in order to protect their domestic agricultural industries.

Mexico has argued that its ban on GM corn is necessary to protect its domestic corn industry, which is vital to the country's food security and cultural identity. Mexico has also argued that the ban is necessary to protect the country's environment and biodiversity.

The US has argued that Mexico's ban on GM corn is not science-based and that it violates the USMCA's free trade provisions. The US has also argued that the ban will harm American farmers and consumers.

The dispute over GM corn is still ongoing, and it is unclear how it will be resolved. Mexico won't make any further changes to a decree on genetically modified (GM) corn ahead of a dispute settlement panel requested by the United States through the USMCA trade pact, Mexican economy minister, Raquel Buenrostro, told Reuters.