MEXICO
Since January 1995
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Mexico is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
MEXICO
Since December 1993, last amended in June 2018
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Foreign Investment Act (Ley de Inversión de Extranjera)
The Foreign Investment Act established a National Commission of Foreign Investment ("Comisión Nacional de Inversiones Extranjeras"). This Commission sets the conditions to take part in foreign investment in Mexico. The Commission evaluates whether foreign investment applications meet certain criteria (Art. 29):
- impact on employment and workers training;
- technological contribution;
- compliance with environmental laws;
- increase competitivity of the country.
In addition, the Commission can inhibit acquisitions by foreign investors for national security reasons (Art. 30).
- impact on employment and workers training;
- technological contribution;
- compliance with environmental laws;
- increase competitivity of the country.
In addition, the Commission can inhibit acquisitions by foreign investors for national security reasons (Art. 30).
Coverage Horizontal
MEXICO
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Mexico is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
MEXICO
Since January 2000, last amended in May 2021
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Act (Ley de Adquisiciones, Arrendamientos y Servicios del Sector Público)
According to Art. 14 of the Public Procurement Act, in open international contracting procedures, agencies and entities must opt, under equal conditions, for the use of national human resources. In addition, for the acquisition and leasing of goods, the law gives a margin of preference of 15% to goods produced in the country containing at least 50% national content.
Coverage Horizontal
MEXICO
Reported in 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in government procurement
In December 2018, Mexico announced plans to centralize almost all federal government procurement under the Secretariat of Finance, with the objective of curbing corruption, reducing bureaucratic inefficiencies, and achieving lower prices through consolidated purchasing. However, it is reported that the government is turning away from the use of open international tenders in favor of invitations to bid, which are then followed by direct awards.
Foreign companies have also expressed concerns that procurements did not have adequate preparation time and there were multiple uncoordinated tenders announced. Since October 2020, some companies have also expressed concerns that CFE Telecom and Internet Para Todos ("Comisión Federal de Electricidad Telecomunicaciones e Internet para Todos" - CFE TEIT), which is a subsidiary of CFE ("Comisión Federal de Electricidad"), is conducting a series of procurements in an unfair and non-transparent way to deliver Internet-related infrastructure across Mexico.
Foreign companies have also expressed concerns that procurements did not have adequate preparation time and there were multiple uncoordinated tenders announced. Since October 2020, some companies have also expressed concerns that CFE Telecom and Internet Para Todos ("Comisión Federal de Electricidad Telecomunicaciones e Internet para Todos" - CFE TEIT), which is a subsidiary of CFE ("Comisión Federal de Electricidad"), is conducting a series of procurements in an unfair and non-transparent way to deliver Internet-related infrastructure across Mexico.
Coverage Horizontal
Sources
- https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://www.cfe.mx/finanzas/financial-economic-information/Documents/CFE’s%20Environmental%2C%20Social%20and%20Corporate%20Governance%20overview.pdf
- https://tiaonline.org/wp-content/uploads/2021/10/2022-NTE-1377-TIA-Comments_FINAL.pdf
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MEXICO
Since January 2000, last amended in May 2021
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Act (Ley de Adquisiciones, Arrendamientos y Servicios del Sector Público)
Art. 28.1 of the Public Procurement Act establishes that only persons of Mexican nationality can take part in national bids. The goods to be acquired have to be made in the country, having at least 50% of national content, which is determined by taking into account the workforce, supplies of the assets, and other aspects determined by the Economy Department through general rules. National public tenders may be called upon when the amount to be awarded is less than the applicable threshold provided for in the free trade agreements to which Mexico is a party or when the specific product is subject to a reserve under the applicable treaties.
Coverage Horizontal
MEXICO
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Mexico is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
MEXICO
Since July 2012, extended in December 2014 and October 2018, until August 2022
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In July 2012, the Mexican authorities imposed a definitive anti-dumping duty on imports of coaxial cables (HS Codes: 8544.2001, 8544.2002 and 8544.2099) from China. This measure was reviewed and extended in December 2014 and, subsequently, in October 2018 for a period of five years beginning on August 2017. The amount of the duty was USD 4.32 per kilogram. In August 2022, the Mexican authorities terminated the antidumping duty.
Coverage Product: Radio Guide (RG)-type coaxial cable (HS Codes: 8544.2001, 8544.2002 and 8544.2099)
Country: China
Country: China
Sources
- https://www.globaltradealert.org/intervention/15874
- https://www.dof.gob.mx/nota_detalle.php?codigo=5263187&fecha=10/08/2012#gsc.tab=0
- https://www.dof.gob.mx/nota_detalle.php?codigo=5539984&fecha=04/10/2018#gsc.tab=0
- https://dof.gob.mx/nota_detalle.php?codigo=5660925&fecha=11/08/2022&print=true
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MEXICO
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.6%
Coverage rate of zero-tariffs on ICT goods (%)
87.74%
Coverage: Digital goods
MALAYSIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Malaysia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
MALAYSIA
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Malaysia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
MALAYSIA
Since 2006
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Malaysia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
MALAYSIA
Since December 2012
Since August 1999
Since August 1999
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Protection (Electronic Trade Transactions) Regulations
Consumer Protection Act 1999
Consumer Protection Act 1999
The Consumer Protection Act and the Consumer Protection (Electronic Trade Transactions) Regulations provide a comprehensive framework for consumer protection that also applies to online transactions. The consumer protection law imposes regulations on both online marketplace operators and any person who operates a business for the purpose of supplying goods or services through a website or in an online marketplace (suppliers). In addition, the consumer protection law for electronic trade applies to websites where goods and services are marketed by third parties for purposes of trade "online marketplaces". Although it has not been reported as a barrier to e-commerce, there are claims regarding the lack of coverage on particular e-commerce issues necessary for e-consumer protection. In addition,
Coverage E-commerce sector
Sources
- https://aseanconsumer.org/file/post_image/Consumer%20Protection%20(Electronic%20Trade%20Transactions)%20Regulations%202012.pdf
- http://www.commonlii.org/my/legis/consol_act/cpa1999246/
- http://unctad.org/en/publicationslibrary/dtlstict2013d1_en.pdf
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=my
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MALAYSIA
N/A
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Physical presence requirement for domain name
It is reported that the registrant of a ".my" domain must have a valid proof of residence in Malaysia. Proof of residence may be an employment pass, or student pass, or permanent residence endorsement, or social visit pass supported by proof of marriage to a Malaysian citizen.
Coverage Horizontal
MALAYSIA
Reported in 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 120, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal