612.116/43: Airgram
The Ambassador in Mexico (Messersmith) to the Secretary of State
[Received May 17—11 a.m.]
A–1558. Imports into Mexico were made subject to restriction for duration of the emergency by an Executive Decree dated April 15, 1944 and published in the Diario Oficial of May 12, to become effective as of such date as the first list of items to be so restricted may be published in the Diario Oficial.
The Ministry of Finance and Public Credit is empowered to formulate the list of articles or merchandise, the importation of which shall be restricted, as well as to authorize imports of such goods.
Permits granted by the Ministry shall specify the commodity, the Mexican Tariff fraction, and the name of the licensee. They may not be transferred nor modified in whole or in part.
[Page 1222]All Federal, State, Territorial, or Municipal entities, the Federal District, and autonomous dependencies are to be equally subject to the provisions of the decree, and no person or firm may import, sell, receive, nor in general contract for merchandise on the restricted list without first obtaining written authorization to do so from the Ministry of Finance.
Credit institutions, as well as all individuals or firms, shall refrain from any participation in the financing of operations related to restricted items unless authorized to do so by the Finance Ministry in writing.
Excepted from the provisions of the decree are:
- (1)
- Goods shipped through the country in transit;
- (2)
- Postal shipments not exceeding pesos 200 in value and consigned as gifts, samples or for personal use; and
- (3)
- Goods imported on a temporary basis and re-exported to country of origin within 180 days.
Penalty for violation of the decree is a fine of up to pesos 10,000.
The decree shall not apply to merchandise imported under orders placed prior to effective date of the law, or which may be in transit when published in the specific decree restricting its importation.
This measure may be designed to prevent dumping, but first list when published should clarify this.
The decree may also come within the meaning of Clause 2 of Article X of Mexico–United States Trade Agreement.