Tuesday, September 3, 2024

Mexico judicial reform widens rift with US

Delivered every Monday by 10 a.m., Weekly Trade examines the latest news in global trade politics and policy.
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By Ari Hawkins

President of Mexico Andrés Manuel López Obrador rises the hand of President elect of Mexico Claudia Sheumbaum next to Nuevo León governor Samuel García during the evaluation of the program known as Youth Building the Future at Explanada de los héroes on August 18, 2024 in Monterrey, Mexico.

Mexico’s package of reforms includes a plan to replace federal judges with ones that are popularly elected and could pass through its legislature soon. | Photo by Medios y Media/Getty Images

QUICK FIX

— Lawmakers from both parties and major U.S. industry groups are pressing the Mexican government to reconsider its planned judicial overhaul, which they say could violate the USMCA and complicate negotiations ahead of a 2026 review.

— Some foreign governments think Donald Trump could be their next best chance to reach new traditional Free Trade Agreements, as progress stalls under the Biden administration.

— Democratic nominee Kamala Harris said she opposes the sale of U.S. Steel to Japan’s Nippon Steel, adding that American steel companies should be fueled by American workers.

It’s Tuesday, September 3. Welcome back to Morning Trade! Tell us what you got up to on Labor Day … or stick to sending trade news to ahawkins@politico.com, gbade@politico.com and dpalmer@politico.com. You can also follow us on X: @_AriHawkins, @GavinBade and @tradereporter.

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Driving the day

AMLO’S FINAL ACT: A growing number of American lawmakers and U.S. industry groups are warning that Mexico’s proposed constitutional reforms, which would upend the country’s judiciary, could undermine bilateral economic interests by violating the USMCA.

Mexico’s package of reforms — which includes a plan to replace federal judges with ones that are popularly elected — could soon pass through its legislature. The judicial overhaul is spearheaded by President Andrés Manuel López Obrador and backed by president-elect Claudia Sheinbaum, who is slated to take office in October.

“The people of Mexico should know that if some of these reforms are implemented, it could put our two countries on a negative trajectory as we head into renegotiating USMCA in 2026,” said House Foreign Affairs Committee Chair Michael McCaul in a statement posted to X on Thursday.

His opposition comes on the heels of a similar assessment from lawmakers in the upper chamber. “We are deeply concerned that the proposed judicial reforms in Mexico would undermine the independence and transparency of the country’s judiciary,” said Sens. Ben Cardin (D-Md.), James Risch (R-Idaho), Tim Kaine (D-Va.) and Marco Rubio (R-Fla.).

Background needed: Supporters say the package of reforms will crack down on corruption.

Beyond the judiciary overhaul, other proposed measures would restrict the ability of the state-owned electric utility of Mexico, the Federal Electricity Commission, from partnering with private firms; eliminate certain oversight and regulatory agencies; limit water concessions; prohibit open-pit mining and fracking; and restrict the use of genetically-modified corn.

A Congressional aide told Morning Trade that “proposed reforms to electricity, mining, water and agriculture, and the elimination of independent oversight bodies, contradict existing commitments in USMCA, undermine transparency and threaten to exacerbate trade disputes at the expense of workers and businesses in the U.S., Mexico and Canada.”

Industry view: The U.S. Chamber of Commerce warned the proposals risk diminishing “guarantees of protection for business operations in Mexico,” in a statement last week.

Several other industry groups, including the National Association of Manufacturers and the National Mining Association, sent a letter making similar claims. They asked Secretary of State Antony Blinken to “raise these concerns and recommend to the incoming Sheinbaum government a slower, more deliberative approach.”

What to watch: In a signal of contention to come, López Obrador said he would pause relations with the U.S. and Canadian embassies after facing criticism from officials.

“Hopefully there will be a statement from them that they are going to be respectful of the independence of Mexico,” he said in a recent daily news conference.

Around the World

TRUMP TRADE SILVER LINING: Some foreign governments are reaching an uncomfortable conclusion as election season comes to a head: Their best chance for negotiating a trade deal — however arduous it may be — lies in Donald Trump retaking the White House.

“Trump already agreed to initiate Free Trade Agreement talks with the Philippines in a previous strategic dialogue, so we are very, very optimistic that if it’s a Trump presidency, that his focus will not be multilateral [negotiations], but bilateral,” said one Filipino official, granted anonymity to speak frankly about the candidates.

Trade agreements “are not written in stone and we’re hoping there’s a greater possibility to improve” under Trump, said a Costa Rican official, noting “that's what happened with NAFTA."

Not so fast: Those sentiments stand in stark contrast to the conventional wisdom in Washington. The Trump campaign has proposed up to a 20 percent universal tariff on all goods imported into the U.S., which trade experts and former officials say he could impose using The International Emergency Economic Powers Act, which gives the president sweeping authority to control economic transactions after declaring an emergency.

Gavin and your host have more (for Pros!).

FOREIGN FARMLAND REGULATION: More than 20 states have approved measures regulating foreign ownership over U.S. land between January 2023 to July 2024 — a signal of increased focus on potential national security issues tied to those investments, according to a report from the Congressional Research Service.

REGULATORY REVIEW

HARRIS VOICES NIPPON OPPOSITION: Democratic nominee Kamala Harris used Monday's joint campaign appearance with President Joe Biden in Pittsburgh to come out against the planned sale of U.S. Steel to Japan’s Nippon Steel.

However, she did not clarify what action, if any, she would take to block the deal.

“U.S. Steel is a historic American company, and it is vital for our nation to maintain strong American steel companies,” Harris said Monday evening. “U.S. Steel should remain American owned and American operated.”

Harris’ remarks echo Biden's own opposition, which he first declared in March. But the statement still marks a major policy position for the vice president and holds new significance after Biden abandoned his reelection bid and endorsed Harris in July.

Reminder: Nippon Steel in December said it planned to buy the Pittsburgh-based steel producer for more than $14 billion. Lawmakers on both the right and left have sharply criticized the deal. Trump has also voiced his opposition.

LAGO TO CHINA: Senior U.S. and Chinese economic officials are gathering in China's Tianjin Municipality for a meeting of the bilateral Commercial Issues Working Group. They’ll focus on issues raised by the business community.

Under Secretary of Commerce for International Trade Marisa Lago will co-lead a meeting with Chinese International Trade Representative and Vice Minister of Commerce Wang Shouwen. Lago is traveling between Sept. 3 and Sept. 10.

The announcement comes on the heels of a discussion between Chinese Foreign Minister Wang Yi and national security adviser Jake Sullivan. During the meeting, Sullivan “raised continued concerns about the PRC’s unfair trade policies and non-market economic practices.”

Plans were also made for a phone call between Biden and Chinese leader Xi Jinping “in the coming weeks.”

TRADE OVERNIGHT

— U.S. challenges Canada’s new DST as USMCA violation, per POLITICO Pro.

— U.S. vows cooperation with Peru as critical minerals race heats up, per POLITICO Pro.

— USTR further delays China 301 tariff hikes, per POLITICO Pro.

— China hawks push Defense Department to blacklist EV battery maker, per POLITICO Pro.

— Lawmakers want Commerce to probe companies connected to sanctioned Chinese drone firm, per POLITICO Pro.

— USDA forecasts record FY 2025 ag trade deficit, per POLITICO Pro.

THAT’S ALL FOR MORNING TRADE! See you again soon! In the meantime, drop the team a line: dpalmer@politico.com, gbade@politico.com and ahawkins@politico.com. Follow us @POLITICOPro and @Morning_Trade.

 

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