Volume 6, Number 15, Page 6
Recent Developments
Agriculture, Mines & Cattle Industry
Brazil
Brazilian Agricultural Ministry Works to Lift Trade Barriers
The Brazilian Minister of Agriculture has affirmed that one of Brazil’s priorities will be to remove all restrictions imposed by foreign governments on Brazilian agricultural products and improve the competitiveness of Brazilian farm-related goods abroad. Pratini de Moraes, ex-President of the Foreign Trade Association (AEB), will therefore be giving special attention to the "Millennium Round" of trade negotiations within the WTO that will take place this year in Seattle..(Gazeta Mercantil)
Mexico
Standards on Vegetable Imports Published
The Department of Agriculture, Livestock and Rural Development (SAGAR) has published technical standards affecting imports of vegetables. NOM-044-FITO-1995 establishes requirements for the importation of processed, dehydrated or dried vegetables for the avoidance of quarantined diseases. Diario Oficial, 6/21/99.
Antitrust/Antidumping
Mexico
Appeal Resolved
The Department of Commerce and Industrial Development (SECOFI) published its resolution on an antidumping case related to steel from Russia and Ukraine. On April 4, 1997, AHMSA requested an antidumping investigation on certain kinds of steel imported from Russia and Ukraine.
On November 13, 1998, SECOFI imposed antidumping duties of up to 67.99 percent on the above mentioned products. The Russian exporter appealed the decision on February 3. SECOFI resolved the appeal confirming the antidumping duties imposed in its final decision. Diario Oficial, 6/21/99.
Preliminary Decision on Revision Published
SECOFI has published a preliminary decision on the revision of an antidumping investigation on certain chemical products imported from China. On October 18, 1994 antidumping duties of 208.81 percent were imposed on the Chinese products. On October 30, 1998 SECOFI’s decision was appealed. SECOFI issued its preliminary decision on the appeal stating it will continue the investigation and requesting parties to present any proof deemed necessary to resolve the case. Diario Oficial, 6/23/99.
Banking & Credit
Mexico
Central Bank Bylaws Amended
Mexico’s Central Bank, the Banco de Mexico, announced amendments to its own bylaws. The amendments were approved by the Board of Governors of the bank on March 25, but were not published until a month later. Diario Oficial, 6/25/99.
Consumer Law
Mexico
List of Arbitrators Amended
The list of arbitrators recognized by SECOFI to act in conflicts arising between providers of goods and services and consumers has been amended. At the same time SECOFI published a notice of an examination to be place for those who wish to be recognized by SECOFI as arbitrators. Diario Oficial, 6/21/99.
Standards to be Enforced
SECOFI has published a notice establishing the date when two technical standards will come into effect. According to the notice, compliance with standards NOM-058-SCFI-1994 and NOM-064-SCFI-1995 will be enforced 30 days after June 23. Diario Oficial, 6/23/99.
Customs
Mexico
PAN Promotes Law for Importing Vehicles in Baja California
Deputies of the PAN fraction in the Congress are promoting a decree initiative that will permit the importation of vehicles to individuals.
The announcement was given by a national Congressman, Francisco who affirmed that the proposal will be presented in the next couple of days to the Congress, by the parliamentary group of the National Action Party (PAN).
The legislator affirmed that the initiative arose from the increasing resentment of the present monopoly maintained by used-car commercial companies throughout the border. Also taken into consideration were the prevailing economic conditions along the border, including the significant elevation of contamination indexes produced by the tardia introduction of catalysts in the used vehiculos.
Mexico
Rules Amended
Tax rules related to foreign trade were amended according to a resolution published by the SHCP. This is the second time that such rules have been amended. The rules are known as the “Resolución Miscelánea de Comercio Exterior para 1999.”Diario Oficial, 6/29/99.
Rules for Car Imports Published
SECOFI just published the quotas for importing used cars during the last six months of the year. The quotas are applicable for used car dealers who sell cars destined to stay in northern border of the country and also in the states of Baja California and Baja California Sur.
The quotas will be assigned to parties interested and that request the quota certificate by filing the form “Solicitud de asignación de cupo SECOFI-03-011-1.” Diario Oficial, 7/1/99.
Import Duties Announced
New import duties will be applied to pork from the U.S., according to a notice published by SECOFI. Since import quotas of pork entering Mexico under NAFTA have been exceeded, duties of 20 percent are now assessed. The product enters Mexico under tariff category 0203.11.01. Diario Oficial, 7/5/99.
Energy
Mexico
Liquid Gas Regulations Published
The Department of Energy (Secretería de Energía) published new regulation on liquid gas. The regulations regulate first hand sale and transportation, storage and distribution services of LP Gas. All these activities are regulated solely under federal jurisdiction. Diario Oficial, 6/28/99.
Standards Related to LP Gas Distribution Published
The SE has published new technical standards affecting the distribution of LP Gas. NOM-002-SEDG-1999 establishes technical and safety requirements for the design, construction and operation of storage facilities that distribute LP Gas in portable containers. Diario Oficial, 6/29/99.
Radiation Control Subject to Standards
New standards related to medical surveillance for individuals exposed to radiation have been published by the SE. NOM-026-NUCL-1999 establishes the requirements that must be met in the evaluation and medical surveillance of personnel exposed to radiation in the workplace. At the same time the SE published standard NOM-033-NUCL-1999 dealing with therapy devices. Diario Oficial, 7/5/99.
Environment
Mexico
Standards Extended
Two technical standards have been extended according to notices published by the Department of the Environment, Natural Resources and Fisheries (SEMARNAP). NOM-EM-127-ECOL-1998 which sets limits on emissions from automobiles using gasoline. The standards will be effective for an additional six months as of June 29.
Also extended was NOM-EM-132-ECOL-1998 which establishes limits on emissions from cars using gasoline, LP gas and other types of combustibles. Diario Oficial, 6/25/99.
Government Administration
Mexico
Bylaws Published
The Department of Public Education (SEP) has published its bylaws. The bylaws include a list of all the undersecretaries, offices and departments in the structure of the SEP, as well as the attributions of such entities. Diario Oficial, 6/23/99.
Constitution Amended Again
The Federal Constitution was amended according to several decrees published by the Department of the Interior (SG). On the first of the decrees, new paragraphs were added to Articles 4 and 25. Article 4 deals with the rights of individuals and their families; Article 25 relates to the economic development of the nation.
In a second decree, two sections of Article 73 of the Constitution were amended. Article 73 lists the powers of the Mexican Congress. On the same day, a third decree amended another section of Article 73. Diario Oficial, 6/28/99.
Senate Extraordinary Session Announced
Mexico’s Senate was called to serve in an extraordinary session as of June 24. During such session the Senate elected two new members of the Federal Judicial Judicature. Diario Oficial, 6/24/99.
Immigration
Mexico
Forms Published
New forms for immigration have been published by the SG. In two different circulars, new forms were published for the temporary entrance into Mexico of foreigners, both for business and also as tourists. The forms are known as FMN, FMVC, FMT and FM6. Diario Oficial, 7/5/99.
Intellectual Property
Brazil
Injunction granting AOL the right of use of domain name in Brazil is revoked by the Court of Appeals
AOL (American On-Line) has lost an important lawsuit filed against a Brazilian Internet provider based in Curitiba, in the State of Paraná, called América On Line Telecomunicações. The Brazilian Provider had registered the domain name aol.com.br with the competent authorities (FAPESP), preventing AOL from using the domain name in recently initiated operations in Brazil. In a preliminary decision, the Brazilian Federal Court granted AOL an injunction, suspending the Brazilian provider’s right to use the domain name aol.com.br registered by the. However, the Federal Court of Appeals revoked the decision, alleging that Brazilian Law does not entitle the owner of a trademark to the corresponding domain name.
This is the first case in which the contested use of a domain name was discussed before Brazilian Courts, an important precedent for cases related to the use of domain names and trademarks on the Internet. The Brazilian provider has obtained the right to continue using the domain name aol.com.br until the Court’s final decision. Some sources on the Internet (for instance, www.clipinformatica.com.br) have stated that the same provider has also registered the domain name altavista.com.br in Brazil. Meanwhile, AOL has decided to use the domain br.aol.com for its Brazilian operation.
Submitted by Marcos Canecchio is an attorney with Suchodolski Advogados Associados in Sao Paulo, Brazil.
Labor Law
Mexico
IRA Rules Amended
The SHCP announced amendments to the rules for entities operating IRA’s. Circular CONSAR 31-4 amends the rules which establish the procedures that IRA operators must follow when to transfer funds from IRA’s. Also published was Circular CONSAR 42-1 amending the rules for merging IRA’s. Diario Oficial, 6/25/99.
National Bargaining Agreement Published
The Department of Labor and Social Services (StyPS) published a new labor agreement for the textile industry in the wool division. The contract will be effective until January 20, 2001 and sets the minimum labor requirements of the industry. The contract includes rules regarding new workers and vacant positions, and establishes a new minimum wage of around US$ 6.50 per day. Diario Oficial, 7/2/99.
Medicine & Health
Mexico
Standards Related to Blood, Lead Published
The Department of Health (SSA) published standards related to the level of lead in the blood. NOM-EM-004-SSA1-1999 establishes the criteria and testing methods which must be used to determine the levels of lead in the blood of children, pregnant women and the general population not directly exposed to lead in the workplace. Diario Oficial, 6/25/99.
Official Forms Published
Several forms to be used when filing certain permits and paperwork with the SSA were published by the same Department. Copies of the different official forms are included in the text of the notice. Diario Oficial, 6/28/99.
Taxes
Mexico
Rules Amended
For the fifth time this year, the SHCP has amended the tax rules for 1999. At the same time, several annexes to the tax rules were amended. Among such annexes is annex 1, which lists the forms approved by the SHCP. Diario Oficial, 6/30/99.
Telecommunications
Brazil
Embratel to invest in underwater cable system
Brazil's long-distance service carrier Embratel will invest a total of US$120m for the construction of an underwater optical fiber cable system, called Americas II, which will link Brazil to the U.S. and other locations in the Caribbean. The 8,000-kilometer long cable is being built by an international consortium headed by Embratel, which will have 50% of the system's total available capacity between Brazil and the US. This initiative should boost by 40 times Embratel's channels capacity for the U.S. and North America. The total project, which should be concluded by November of this year, is estimated at US$360m. (Gazeta Mercantil)
Transportation
Mexico
Airport Privatization Continues
The Department of Communications and Transportation (SCT) was authorized to sell the stock of Grupo Aeroporturario del Sureste S.A. de C.V. According to the notice published by the same SCT, the above mentioned entity controls the airports of Cancún, Cozumel, Huatulco, Mérida and Veracrúz among others. Diario Oficial, 6/24/99.
Parties Bidding Listed
The SCT published a list of the different parties bidding for the control of several government owned companies. Among the companies to be sold are several airports and train stations and operations. Among the companies interested in the Grupo Aeroportuario del Pacífico S.A. de C.V. are Aeroports de Paris; Flughafen Frankfurt Main, AG.; Grupo México S.A. de C.V. and YVR Airport Services, LTD. Diario Oficial, 6/28/99.
