On February 13, 2023, the “Decree establishing various actions regarding glyphosate and genetically modified corn” was published in the Official Journal of the Federation, which provides for the implementation of alternatives for the gradual substitution of the use, production, marketing and distribution of transgenic corn in Mexico.
Based on these new rules, in March 2023 the United States government requested from Mexico, under the rules of Chapter 9 of the USMCA, technical consultations related to the measures taken by the Mexican government on imports of genetically modified corn. However, after five months of consultations, both countries were unable to reach an agreement on these measures.
For this reason, on August 17, 2023, the U.S. Trade Representative, Katherine Tai, formally requested through an official statement the establishment of a panel in accordance with Chapter 31 of the USMCA, to resolve the dispute regarding transgenic corn.
Thus, from the request for the establishment of the panel, both countries had 15 to 20 days, that is, no later than September 1st of this year, to elect a president of the panel and, subsequently, each country must have elected two panelists of the opposite nationality within a maximum of 15 days after the president’s appointment.
Upon appointment of the members who will comprise the panel, they will have 150 days to issue an initial report on which comments can be made. Once the preliminary report is completed, there will be a 30-day period to incorporate additional comments and submit the final report, which will include a decision on the resolution of the controversy.