Alejandro Gomez-Strozzi Discusses Proposed Mexican Constitutional Amendment on GM Corn
Foley & Lardner LLP partner Alejandro Gómez-Strozzi shared insight in the Reforma article, “Se debe acatar panel de maíz; no se puede ‘darle la vuelta’” on Mexican President Claudia Sheinbaum’s decision to propose a constitutional amendment banning the planting of genetically modified (GM) corn in the country in response to a trade-dispute panel’s ruling which found that Mexico violated its commitments under the U.S. – Mexico – Canada Agreement (USMCA) when it prohibited the importation of GM corn imports.
Gómez-Strozzi noted that President Sheinbaum’s announcement can create confusion, as the panel’s ruling was targeted at a specific issue and does not address the cultivation of GM corn.
“The President is referring to something completely outside the scope of the panel,” he continued. “So, if she wants to elevate this to a constitutional level, that’s fine; the panel did not address that.”
Gómez-Strozzi laid out the way by which Mexico can reach compliance with the panel’s ruling, explaining that Mexico must revoke two parts of a decree issued last year which were the subject of the panel’s decision.
“There are not many options; there are two paths,” he said. “One is to issue a decree, or to amend the existing decree from February 13, 2023, by revoking those two sections, or to ignore the panel’s ruling, which could lead the United States to impose retaliatory measures equivalent to the damage caused.”
Ultimately, Gómez-Strozzi said that two issues are being conflated. The panel’s decision will be observed, and President Sheinbaum’s move to elevate the separate issue of GM corn cultivation to a constitutional question is the government’s prerogative.
“Each county has the power, of course, to issue its own regulatory provisions, including constitutional ones at any level,” he added. “But you cannot go against your obligations in the USMCA.”
