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With NAFTA redo, Mexico looks to boost economic growth

With NAFTA redo, Mexico looks to boost economic growth

More than twenty years ago, Ross Perot warned that removing trade barriers with Mexico would create a “giant sucking sound,” as jobs left the United States for its southern neighbor. Today, the sound you hear in Mexico is a giant exhale.

That’s the sigh of relief after the United States, Canada and Mexico reached a new North American Free Trade Agreement. Mexico heavily relies on NAFTA, which has been in place since 1994, and was vulnerable after President Trump criticized the trade pact and threatened withdraw.

The uncertainty over NAFTA was cloud hanging over Mexico’s new president, Andres Manuel Lopez Obrador, who took office on Dec. 1 after his landslide victory a few months earlier. There is still some anxiety over the proposed agreement because it needs congressional approval. Congressional Democrats, who will lead the House next year, say the deal doesn’t go far enough to protect workers and the environment. Still, no one wants to see NAFTA scrapped because it would harm the economies of all three countries.

Mexico is the poster child for the benefits of free trade. NAFTA was an unusual deal in that it involved two highly developed economies and a developing one in Mexico. Since 1994, Mexico’s gross domestic product, a measure of output in goods and services, has more than doubled to $1.15 trillion. The economy has been driven by exports, as foreign investors built factories across northern and central Mexico to supply the North American market.

Last year, Mexico exported nearly $410 billion worth of goods, about 80 percent to the U.S. and Canada. The largest export is vehicles, followed by electric equipment and machinery, including computers. The auto industry is a big winner in the revamped trade deal, which is being called the U.S.-Mexico-Canada Agreement, or USMCA, simply by averting a major disruption to it supply chain.

NAFTA’s impact on Mexico has gone well beyond economics. The deal signaled a new era of openness for Mexicans, increasing their willingness to venture out into the world to forge new ties. Mexico has embraced free trade, striking deals with Europe, South America and parts of Asia.

The nation has also liberalized foreign investment in some national sectors previously forbidden or heavily capped to foreign ownership. Under Lopez Obrador’s predecessor, Enrique Pena Nieto, the Mexican government reformed the energy sector four years ago to allow private operators into its territorial waters for the first time. Until then, state-owned Pemex had sole exploration and production rights.

But a drastic decline in oil production in the last 15 years led the government to invite foreign investment to boost production. Oil is a significant source of revenue for the government.

The international industry has moved into the country and achieved quick results. In July 2017, the first offshore exploration well drilled by the private sector in Mexico’s history discovered oil. Energy reform is expected to continue to attract new capital and provide local jobs and government revenues.

As foreign oil firms develop the areas they have won at government auctions, they could bring in more than $100 billion in investment to the country. Much of the foreign investment after NAFTA was to take advantage of Mexico’s lower wages to manufacture goods for export. But financials flows into the country are shifting from labor arbitrage to infrastructure and consumer-driven investments. Despite all the political rhetoric about building walls, U.S. investors remain big fans of Mexico, accounting for nearly half of the foreign direct investment last year.

To attract investment to economically underdeveloped areas in the southern states, Mexico created Special Economic Zones in 2016. Companies setting up in these areas receive various incentives, trade facilities, duty-free customs benefits, infrastructure development prerogatives and regulatory and administrative benefits.

Investors are making big bets on Mexico despite concerns about Lopez Obrador, a leftist who once criticized free-market policies. He has come around on USMCA because It provides stability and certainty as he tries to stimulate the economy.

While Mexico has successfully integrated into the world economy with NAFTA and other trade agreements, it still struggles with slow economic growth.

GDP has increased about 2 percent annually in recent years in Latin America’s second largest economy. Structural reforms are needed to address tax, labor and social insurance rules that stifle productivity and undermine economic progress.

The lack of growth has generated poverty, crime, violence and migration. How Lopez Obrador tackles these stubborn issues will be closely watched by foreign investors. But now that the dust has settled on NAFTA, there is increased optimism about Mexico’s future.

Raimundo Diaz is head of Americas at TMF Group, a professional services firm based in the Netherlands. TMF Group provides accounting, payroll, HR and other corporate services, with a focus on companies expanding internationally.

NAFTA 2.0

After more than a year of negotiations and minutes before the midnight deadline, the United States, México, and Canada reached a new free trade, tri-national agreement. The US-México-Canada Agreement (USMCA) will ultimately replace the North American Free Trade Agreement (NAFTA). USMCA or NAFTA 2.0, contains 34 Chapters and 12 side letters covering agriculture, dispute resolution, e-commerce, and labor relations.

1. Background on NAFTA 1.0

Before we can understand the USMCA, it is important to understand the history behind NAFTA. NAFTA, or as it is known in Spanish: Tratado de Libre Comercio de América del Norte (TLCAN), was executed by the United States of America, México, and Canada on January 1, 1994.

The goal of NAFTA was to create a free trade zone between the U.S., Canada, and México. In addition to the core agreement, incorporated in NAFTA are the North American Agreement on Labor Cooperation (NAALC) and the North American Agreement on Environmental Cooperation (NAAEC). The NAALC and NAAEC were added with the goal of protecting workers and the environment.

The NAALC is typically referred to as the “Labor Side of the Agreement,” and within the agreement each country agreed to enforce its own labor standards and to strive to improve labor standards within its respective countries. The NAAEC is the “Environmental Side of the Agreement,” within which each of the three countries agreed on principles and objectives for the conservation and the protection of the environment.

NAFTA created the largest free trade area in the world, helping drive down consumer good prices, and boosting economic growth, profits and employment in all three countries.

II. The Impact Of NAFTA to Employers in the Region

Many economic experts note that NAFTA was quite beneficial to the United States.  This benefit came in the form of lowered tariffs and import prices, as well as a narrowed risk of inflation.  Some argued that it also had a positive impact on interest rates in the United States.

From 1993 to 2017, the United States increased its exports of goods to México and Canada from $142 billion to $525 billion, which equates to a third of its total exports. It is estimated that NAFTA helped create at least 5 million direct and indirect jobs in the United States associated with the export of goods.

In México, NAFTA facilitated the growth of the maquiladora industry. A maquiladora is essentially a subcontractor manufacturing operation, where factories import material and equipment on a duty-free basis for assembly and manufacturing. The assembled product may then be returned to the raw materials’ country of origin.  NAFTA had a direct result in the growth and expansion of this industry.

The interdependence of the three economies is seen not only through the growth in the maquiladora industry, but also in the automobile manufacturing industry. For example, by 2020, México will manufacture 25% of all North American cars. Additionally, approximately 75% of Mexican exports are sold to United States consumers, a number which in large part is a direct result of NAFTA.

On September 30, 2018, the United States, México, and Canada completed negotiations of an updated trade agreement now known as United States-México-Canada Agreement—“USMCA,” or as we like to refer to it, NAFTA 2.0.  While the deal was agreed upon by the three countries, it must ultimately be ratified by each country’s legislature and, as such, will likely not go into effect before 2019.

III. USMCA-What it means to Employers

Chapter 23 of the NAFTA 2.0 is dedicated to the issue of labor.  This chapter establishes that all the parties should recognize, adopt, and follow the following rights:

-Freedom of association and the effective recognition of the right to collective bargaining;

-The elimination of all forms of forced or compulsory labor;

-The effective abolition of child labor and, for the purposes of this Agreement, a prohibition on the worst forms of child labor; and

-The elimination of discrimination with respect to employment and occupation.

The USMCA contains specific provisions impacting each of the countries that is a party to the agreement. For example, within the USMCA, there is a provision requiring México to create adequate legislation to ensure freedom of association as well as requirements relating to collective bargaining and labor relations. Additionally, the car manufacturing industry will be impacted by the updated agreement as it provides that a significant percentage of work performed on car manufacturing must be completed by workers earning at least $16 an hour, or about three times what the typical Mexican autoworker currently makes.

Canada’s dairy industry will also be impacted by the USMCA. Under NAFTA, United States farmers had limited access to the Canadian market as a result of tariffs and set quotas on dairy products exported to Canada. These restrictions are eased under the new agreement, thus opening up opportunities in the Canadian market for the United States dairy industry.

While the agreement was officially reached on September 30, 2018, the USMCA will not become effective until ratified by the legislatures of the United States, México, and Canada.  The anticipated date for each country’s respective legislature to pass the agreement is sometime in the middle of 2019.  One important difference between NAFTA and the USMCA is that the USMCA expires in 2034; NAFTA was a perpetual agreement.

IV. Forecast and Conclusion

While it is early to make concrete predictions on the true impact of the USMCA, there will no doubt be some impact to employers across the three countries. For example, those in the automotive industry will need to grapple with increased salary requirements for their employees in México, which may ultimately impact consumer cost. Some analysts predict that the automotive industry will shift manufacturing to Asia in order to reduce costs. This, along with other provisions regarding collective bargaining and labor relations, may be a generating force for labor-related issues for employers, particularly in México. Additionally, the United States dairy industry may see an uptick in labor demands as a result of the new market opportunities in Canada. While these changes may be gradual, growth and updated labor dynamics as a result of the USMCA should be addressed with the guidance and counsel of legal professionals.

 

 

About the authors:

Mishell Parreno Taylor is a shareholder in Littler’s San Diego office.

 

David Leal González is an associate in Littler’s Monterrey, Mexico office.

 

 

 

 

 

 

ReneSola Ltd. Expands into Canada , Mexico

San Francisco, CA – Solar photovoltaic technology developer ReneSola Ltd.has expanded its North American operations with new offices and warehouse facilities in Mexico City, Mexico and Mississauga, Ontario in Canada.

Mexico expects to generate 35 percent of its energy from renewable sources by 2024. In 2012, only 4 percent of the country’s electricity was generated from wind, solar and geothermal sources.

The Mexican government is anticipating enormous increases in solar and wind power capacity for 2018, with the solar market’s installed base expected to quadruple from 60 megawatts to 240 megawatts by the end of this year.

Canada’s photovoltaic market is mainly concentrated in Ontario, a result of the province’s feed in tariff (FIT).

Previous FIT programs required solar projects to be powered by “domestic content” equipment made in Ontario. The third phase of the program (FIT3) has eliminated this requirement.

12/15/2014

U.S. Export Volume Declines as Trade Deficit Widens

Washington, D.C. – The volume of U.S. exports unexpectedly hit a five-month low in September, widening the trade deficit by 7.6 percent to $40.3 billion, according to the U.S. Department of Commerce (DOC).

The DOC said that September’s shortfall is bigger than the $38.1 billion deficit that the government had forecasted in its recently published advance gross domestic product (GDP) estimate for the third quarter.

As a result, the 3.5 percent annual growth pace it estimated “will probably be trimmed” when the government publishes its revisions later this month.

At the same time, the agency revised August’s trade deficit to $39.99 billion from a previously reported $40.11 billion shortfall. When adjusted for inflation, the trade deficit increased to $50.76 billion from $48.22 billion.

Trade was reported to have contributed only 1.32 percentage points to U.S. GDP growth.

Exports in September fell 1.5 percent to $195.59 billion, the lowest since April, while exports to the European Union fell 6.5 percent and those to China slipped 3.2 percent.

Transpacific shipments to Japan tumbled 14.7 percent with declines also seen in the volume of exports to both Mexico and Brazil.

Overall imports were unchanged in September as petroleum imports hit their lowest level since November 2009. A domestic energy boom has seen the United States reduce its dependence on foreign oil, helping to temper the trade deficit.

Consumer goods imports, however, were the highest on record, as were non-petroleum imports.

Imports from Canada were the highest since July 2008, while inbound shipments from China also hit an all-time record boosting the U.S. trade deficit with that country gap to $35.6 billion, the highest on record.

11/06/2014

Mexico Trumps Canada For Major Ford Engine Deal

Detroit, MI – Auto giant Ford has said it will have its 1.5-liter and 1.6-liter Ford Fiesta engines produced in Mexico, rather than at its plants in Windsor and Essex, Ontario, Canada.

Canada lost the bid for the work after both federal and provincial governments were unable to reach an agreement with Ford on incentives for the work.

The City of Windsor, alone, reportedly offered Ford a 10-year, $8.5-million tax freeze to bring the work to its plant.

The Essex and Windsor engine plants manufacture V-8 and V-10 engines for the iconic Ford Mustang, as well as the company’s line of trucks, vans, and SUVs.

According to the Canadian media, had Ford decided to have the work done in Ontario, the investment could have topped $1.8 billion and created 1,000 jobs.

Ford’s announcement, which was made without comment, was offset somewhat with news earlier this month that the company would add 1,000 jobs at its assembly plant in Oakville, Ontario, which will produce the 2015 Ford Edge crossover utility vehicle.

Last year, the company announced a $621 million investment in the Oakville plant.

10/31/2014

 

New Interjet Service Links Houston and Monterrey, Mexico

Houston, TX – Interjet has officially began flight operations linking George Bush Intercontinental Airport in Houston, Texas with Monterrey International Airport in Monterrey, Mexico.

The airline will now offer passengers a choice between two daily flights Monday through Friday and one daily flight on Saturdays and Sundays.

Depending upon demand, the airline will feature service aboard its 150-seat A-320 and its 93-seat Superjet 100 aircraft, with passengers departing from Terminal D at the airport’s Mickey Leland International Terminal.

Interjet’s daily service will include service twice a day Monday through Friday, and once a day on Saturday and Sunday.

The arrival of Interjet is the latest example of an unprecedented level of growth for international air travel in Houston.

George Bush Intercontinental Airport is currently on pace to see more than 10 million international passengers in 2014, a number never  reached in the facility’s 45 year history.

10/23/2014

WTO Slams US ‘COOL’ Meat Import Labeling Rules

Los Angeles, CA – Canada and Mexico are lauding a finding by the World Trade Organization that the US has failed to bring its Country of Origin Labeling (COOL) meat labeling regulations fully in line with international fair trading rules.

In a joint statement, the governments of Canada and Mexico issued a statement saying, “The WTO has confirmed once again what we have known all along: that the United States’ mandatory COOL requirement for beef and pork is a blatant breach of its international obligations as a member of the WTO.”

The WTO ruling, the statement said, “provides an opportunity for the U.S. to cease this harm and to comply with its international obligations.”

COOL rules require retailers such as grocery stores and meat markets to list the country of origin on the products they sell.

The WTO ruled in June 2012 that the COOL program “unfairly discriminated” against Canadian and Mexican beef and pork imports because it gave “less favorable treatment” to those products than that given US-produced beef and pork in violation of WTO rules.

The US responded, saying that it had met a deadline to change the rules, but Canada and Mexico said it had not done enough.

Unless the revised COOL rules are given the all-clear by the WTO’s Appellate Body, both Mexico and Canada can ask the trade body to let them impose trade sanctions on the US.

US pork producers have urged Congress and the administration to fix the rules and avoid “financially devastating” retaliation, while several other groups including the US Chamber of Commerce, the National Association of Manufacturers, farmer cooperatives and corn refiners said the offending sections should be immediately rescinded.

“The WTO dispute panel on the US Country of Origin Labeling rule brings us all one step closer to facing retaliatory tariffs from two of our largest trading partners,” said National Cattlemen’s Beef Association President Bob McCan.

Canada and Mexico said they “remain extremely disappointed that the United States has continued, to date, to attempt to defend this clearly protectionist policy, which harms trade with the United States’ largest export markets and also hurts domestic US livestock producers and meat processors and retailers.”

10/22/2014

US, Mexico Border Truck Program Expires

Washington, DC – The three-year program giving Mexican long-haul truckers access inside the US beyond the designated commercial border zone has officially expired, but the border will remain open to the 13 Mexico-domiciled carriers that were granted authority to participate in the project.

As required by statute, the Department of Transportation has completed a three-year trucking pilot program with Mexico,” the Federal Motor Carrier Safety Administration, the US Department of Transportation (DOT) agency responsible for conducting the pilot project, said Tuesday in a prepared statement.

The controversial cross-border program, strongly opposed by the US trucking industry, was created in 2011 to evaluate the safety of cross-border long-haul operations, with 13 carriers participating in the program.

“Prior to making any additional determinations regarding cross-border trucking issues or specific carriers, the department will await expected reports on the pilot program from the Motor Carrier Safety Advisory Committee and the DOT Inspector General,” the agency said.

“In the interim, based upon successful completion of the program, as well as a review of safety and inspection data collected during the program, the department has converted the 13 participants to provisional or standard operating authority, allowing those carriers to continue to operate in the United States.”

The 13 carriers will reportedly continue to undergo regular border inspections and be subject to all US motor carrier laws and regulations, the DOT said.

In addition, it said that there were no fatalities or major accidents involving Mexico-domiciled trucks during the current pilot or the previous pilot program that ended in 2009 when it was scrapped by Congress.

10/15/2014

FedEx To Raise US Domestic, Import, Export Rates

Memphis, TN – The FedEx Ground and FedEx Freight subsidiaries of the FedEx Corp. have said they will increase their shipping rates effective January 5, 2015.

FedEx Express will increase shipping rates by an average of 4.9 percent for US domestic, US export and US import services.

FedEx Ground and FedEx Home Delivery will increase shipping rates by the same rate, while FedEx SmartPost and FedEx Freight will also increase their shipping rates by an average of 4.9 percent.

The rate change applies to eligible FedEx Freight shipments within the US including Alaska, Hawaii, Puerto Rico, and the US Virgin Islands; between the contiguous US and Canada; within Canada; between the contiguous US and Mexico; and within Mexico.

FedEx previously announced in May 2014 that it will apply dimensional weight pricing to all FedEx Ground shipments. That change also takes effect January 5, 2015.

09/23/2014

New Rules Tie Up US, Mexico Border Crossing

Los Angeles, CA – The recent decision by Mexican Customs to drastically trim the hours of operation at the critical Santa Teresa, New Mexico, port of entry “will help streamline the flow of international trade,” Mexican Customs officials have said, despite the fact that the move has created major gridlock.

Mexico’s Tax Administration began reducing hours in all its customs offices along the US border on July 4 in a move they said would “help them to better utilize staff, technology and infrastructure for the processing of merchandise.”

But Mexican citizens returning to Mexico with used vehicles purchased in the US through Santa Teresa say the new hours have them waiting in lines that stretch for a long as a mile for hours or even overnight to get across the border.

Drivers must hand over the vehicle title to US Customs and Border Protection for authentication at least 72 hours prior to export to prevent trafficking of stolen vehicles.

After that, the vehicle has to be exported within seven days. The increased congestion has been compounded by the fact that commercial cargo-carrying trucks going south have to share the same highway.

Inexpensive used and even damaged cars and trucks from the US and Canada are popular with Mexican consumers.

According to the Mexican Association of Automotive Dealerships, an estimated 7.5 million vehicles have been imported to Mexico since a NAFTA provision led to the border being open to vehicles in 2005. More than 226,000 were imported through May of this year, according to US Customs.

Santa Teresa, reports the Albuquerque Journal,  is the only port of entry with a lane for processing vehicles and is thus considered one of the busiest ports of entry on the US-Mexico border.

Meanwhile, Customs and Border Protection officials said none of the same gridlock has been reported in ports of entry in California, Texas or Arizona.

Mexican Customs officials were not available for comment.

08/01/2014