Official Journal of the Federation September 2, 2004
VICENTE FOX QUESADA, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:
LAW ON THE APPROVAL OF INTERNATIONAL TREATIES ON ECONOMIC MATTERS
Article 1. This law is of public order and aims to regulate article 93 of the Constitution of the Republic in the field of powers constitutional of the Senate to require information to the secretaries of state, heads of administrative department, as well as to the directors of the competent decentralized agencies on the negotiation, celebration and approval of treaties related to the trade in goods, services, investments, transfer of technology, intellectual property, double taxation, economic cooperation and the other matters referred to in this order when they relate to the former.
Article 2. For the purposes of this law, the provisions of the Law on the Celebration of Treaties shall be construed as treaties.
Will be in accordance with the General Constitution of the Republic respecting:
I. The individual warranties, and
II. The division of powers, the distribution of powers and the powers of the representatives of the people.
OF OBJECTIVES OF THE CELEBRATION OF TREATIES
OF GENERAL OBJECTIVES
Article 3. For the approval of a treaty the following general objectives will be observed:
I. Contributing to improving the quality of life and the level of well-being of the Mexican population;
II. To promote the exploitation of the country's productive resources;
III. Promoting access to international markets for Mexican products;
IV. Contribute to market diversification;
V. Encourage the integration of the Mexican economy with the international economy and contribute to the increase of the country's competitiveness, and
VI. Promote transparency in international trade relations and full respect for the foreign policy principles of the Article X fraction 89 of the Political Constitution of the United Mexican States.
Article 4. For the approval of a treaty, congruence will be observed with the following particular objectives as appropriate:
I. On dispute settlement:
a) Grant Mexicans and foreigners who are a party to the dispute the same treatment as the principle of international reciprocity;
b) Ensure that the parties guarantee the hearing and the due exercise of their defenses, and
c) Ensure that the composition of decision-making bodies ensures their impartiality;
II. In the field of unfair foreign trade practices:
a) Encourage free competition and seek healthy competition practices, and
b) Previewing and promoting mechanisms to counteract the effects of unfair trade practices of countries with which they are contracted;
III. Encourage respect for intellectual property rights;
IV. Promoting the promotion and reciprocal protection of investments and transfers of technology, generation, dissemination and application of knowledge scientists and technology that requires national development;
V. Promote the elimination or reduction of unnecessary barriers to trade that are incompatible with the law and with international commitments;
VI. Preview that the rules of the treaties consider the asymmetries, differences and imbalances as well as the corresponding measures to compensate them, and
VII. Other objectives that correspond to the nature of the treaty.
OF THE INFORMATION PROCEDURES ON THE CELEBRATION OF TREATIES
Article 5. At the beginning of each regular session, the Senate, through the competent committees, will require a report to the Secretaries of State and to any federal public administration body representing Mexico on the initiation of formal negotiations on a treaty.
The report will contain:
I. The reasons for negotiating as well as the consequences of not doing so;
II. The benefits and benefits expected from the negotiation and the expectation of meeting the objectives of this law that correspond to the Treaty to be held, and
III. An initial program of the calendarized negotiation process.
The committees to which the report takes place may, for each treaty, set up a plural sub-committee to follow up, propose legislative actions, obtain information on the status of the negotiations, interview public servants, representatives of interest groups, experts, or anyone who can bring knowledge and experience to the negotiations.
Article 6. Based on information on the progress of negotiations, the commissions to which the report has been taken, or, where appropriate, the sub-committee In the case referred to in the previous article, they shall require the Secretaries of State and any Federal Public Administration body to represent Mexico in the negotiations, with the necessary anticipation to the date determined for the signature of the relevant treaty, a report on the final result of the negotiations, and the way in which the objectives of this law were met.
The report will also have a comprehensive and detailed explanation of:
I. The benefits that were gained in the negotiation;
II. The scope of the negotiation;
III. The negotiation commitments, and
IV. The legal and administrative rules that would have to be modified in accordance with the treaty.
Article 7. The Senate of the Republic based on the information referred to in the previous article and in accordance with Articles 58 and 59 of the Rules of Procedure For the Interior Government of the General Congress of the United Mexican States, it shall issue, if deemed necessary, a Point of Agreement, concerning the content of the report.
Article 8. In the period between the stages referred to in Articles 5 and 6 of this Law, the Secretaries of State and any body of the Federal Public Administration in charge of the representation of Mexico in the negotiations shall submit periodic reports based on the initial program referred to in Article 5, fraction III, to the Legislative Commissions to which the report on the opening of negotiations, or where appropriate, has been given to the corresponding sub-committee.
The Commissions, or in their case the sub-commission, will be empowered to require and obtain the above information. They may be subject to studies carried out by the staff in their capacity or those requiring the competent branches of the Executive Branch.
The commissions, or, where appropriate, the subcommittee may subpoena the officials and the officials concerned.
Article 9. For the approval of any already signed treaty you must submit to the Senate along with the following documents:
I. A written with all administrative actions to apply the objectives that correspond to the treaty in question;
II. An explanation of how the treaty's approval will affect Mexico's laws and regulations;
III. The items that Mexico granted during the negotiation;
IV. The way the objectives that correspond to the signed treaty will be met;
V. The manner in which the treaty meets the interests of Mexico, and
VI. The reservations that the treaty member countries set and the reasons.
Article 10. For the approval referred to in the previous article of this Law, the Senate of the Republic, or in its case the Standing Committee shall take the treaty to the competent committees, in the session following the date on which the Federal Executive has submitted it to the Senate.
OF THE PARTICIPATION OF THE POWERS OF THE FEDERATIVE ENTITIES AND OF THE BUSINESS ORGANIZATIONS, CITIZENS UNIONS
Article 11. Without distinction, citizens and business, citizen and union organizations will be able to give their opinion to the Senate of the Republic.
Communications between citizens, organisations and the relevant committees may be oral in hearing or in writing. In any event, they shall be public, unless otherwise provided for in law.
Article 12. The Senate of the Republic, through its committees, will listen and take into account the proposals made to it by the governments or the governments and Local Congresses.
Article 13. For the calculation of the periods and terms fixed by this Law, it is understood by working days every day except on Saturdays and Sundays as well as the days laid down in Article 74 of the Federal Labor Law.
Article 14. In all the provisions of this Law, the Foreign Trade Law, the Law on the Celebration of Treaties and the other orders that are applicable.
FIRST. This Law will take effect the day after its publication in the Official Journal of the Federation.
SECOND. In the event that the Federal Executive has initiated negotiations, it must address the information requirement in the terms of Article 5. with the progress of the same in accordance with the applicable provisions of Article 6 of this Law.
Mexico, D. F., April 29, 2004.-Sen. Enrique Jackson Ramirez, President.-Dip. Juan de Dios Castro Lozano, President.-Sen. Lydia Madero Garcia, Secretary.-Dip. Marcos Morales Torres, Secretary.-Rubicas."
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, on the first day of September of two thousand four.- Vicente Fox Quesada.-Rubrica.-The Secretary of the Interior, Santiago Creel Miranda.-Heading.