[Weekly Compilation of Presidential Documents Volume 30, Number 41 (Monday, October 17, 1994)]
[Pages 1980-1981]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Message to the Congress on Implementation of the North American Free
Trade Agreement
October 6, 1994
To the Congress of the United States:
In November 1993, in preparation for the implementation of the North
American Free Trade Agreement (NAFTA) on January 1, 1994, I informed the
Congress of my intent to modify the moratorium on the issuance of
certificates of operating authority to Mexican-owned or -controlled
motor carriers that was imposed by the Bus Regulatory Reform Act of 1982
(49 U.S.C. 10922(l)(2)(A)). The modification applied to Mexican charter
and tour bus operations. At that time, I also informed the Congress that
I would be notifying it of additional modifications to the moratorium
with respect to Mexican operations as we continued to implement NAFTA's
transportation provisions. In this regard, it is now my intention to
further modify the moratorium to allow Mexican small package delivery
services to operate in the United States provided that Mexico implements
its NAFTA obligation to provide national treatment to U.S. small package
delivery companies.
Prior to its implementation of the NAFTA, Mexico limited foreign-
owned small package delivery services, such as that offered by United
Parcel Service and Federal Express, to trucks approximately the size of
a minivan. This made intercity service impractical and effectively
limited small-package delivery companies to intracity service only.
Mexico has no similar restriction on the size of trucks used by Mexican
small package delivery services. Because Mexico did not take a
reservation in this area, the NAFTA obligates Mexico to extend national
treatment to U.S. small package and messenger service companies. Mexico
must allow U.S. small package delivery services to use the same size
trucks that Mexican small package delivery companies are permitted to
use.
Mexico, earlier this year, enacted legislation that addresses the
small package delivery issue. Amendments to the Law on Roads, Bridges,
and Federal Motor Carriers authorize parcel delivery and messenger
services to operate without restriction so long as they obtain a permit
from the Secretariat of Communications and Transportation and direct
that such permits be granted in a timely fashion. The law includes no
restrictions on the size and weight of parcels nor on the dimensions of
the vehicles that small package delivery services will be permitted to
use.
At the North American Transportation Summit hosted by the United
States on April 29, 1994, Mexico's Secretary of Communications and
Transportation Emilio Gamboa reaffirmed his government's commitment to
permit unrestricted operations by foreign-owned providers of small
package delivery services in Mexico. In return, even though the United
States does not have a similar obligation under the NAFTA, Secretary of
Transportation Federico Pena stated the United States Government's
intention to grant Mexican small package delivery service companies
reciprocal operating rights in the United States by modifying the
moratorium imposed by the Bus Regulatory Reform Act. Mexico and the
United States agreed to establish a joint working group to specify the
details of this arrangement by September 1, 1994.
The U.S. small package delivery service industry is supportive of
United States Government efforts to eliminate Mexico's restrictions on
small package delivery operations. Provided Mexico implements its NAFTA
obligation to extend national treatment to U.S. small package delivery
companies, the U.S. industry would not object to a modification of the
moratorium that would provide Mexican small package delivery companies
reciprocal treatment in the United States.
Provided that Mexico meets its NAFTA-imposed national treatment
obligation to allow U.S.-owned small package delivery services
unrestricted operations, I intend, pursuant to section 6 of the Bus
Regulatory Reform Act, to modify the moratorium imposed by that section
to permit Mexican small package delivery services to operate in the
United States in exactly the same manner and to exactly the same extent
that U.S. small package delivery services will be permitted to operate
in Mexico. The Bus Regulatory Reform Act requires 60 days' advance
notice to the Congress of my intention to modify or remove the
moratorium. With this mes-
[[Page 1981]]
sage, I am providing the advance notice so required.
William J. Clinton
The White House,
October 6, 1994.
Note: This message was released by the Office of the Press Secretary on
October 7. This item was not received in time for publication in the
appropriate issue.