United States - Mexico - Canada Agreement (USMCA) (2018)
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(a) a proposed technical regulation or conformity assessment procedure; or

(b) a significant amendment to an existing technical regulation or conformity assessment procedure;

TBT Agreement means the Agreement on Technical Barriers to Trade, set out in Annex 1A to the WTO Agreement; and

TBT Committee Decision on International Standards means Annex 2 to Part 1 (Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations with relation to Articles 2, 5 and Annex 3 of the Agreement) in the Decisions and Recommendations adopted by the WTO Committee on Technical Barriers to Trade Since 1 January 1995 (G/TBT/1/Rev. 13), as may be revised, issued by the WTO Committee on Technical Barriers to Trade.

(1) For greater certainty, mutual recognition agreements include agreements to implement the APEC Mutual Recognition Arrangement for Conformity Assessment of Telecommunications Equipment of May 8, 1998 and the Electrical and Electronic Equipment Mutual Recognition Arrangement of July 7, 1999.

Article 11.2. Scope

1. This Chapter applies to the preparation, adoption and application of standards, technical regulations, and conformity assessment procedures, including any amendments, of central level of government bodies, which may affect trade in goods between the Parties.

2. Notwithstanding paragraph 1, this Chapter does not apply to:

(a) technical specifications prepared by a governmental body for production or consumption requirements of a governmental body; or

(b) sanitary or phytosanitary measures.

Article 11.3. Incorporation of the TBT Agreement

1. The following provisions of the TBT Agreement are incorporated into and made part of this Agreement, mutatis mutandis:

(a) Articles 2.1, 2.2, 2.3, 2.4, 2.5, 2.9, 2.10, 2.11, and 2.12;

(b) Articles 3.1, 4.1, and 7.1;

(c) Articles 5.1, 5.2, 5.3, 5.4, 5.6, 5.7, 5.8, and 5.9; and

(d) Paragraphs D, E, F, and J of Annex 3.

2. No Party shall have recourse to dispute settlement under Chapter 31 (Dispute Settlement) for a matter arising under this Chapter if the dispute concerns:

(a) exclusively claims made under the provisions of the TBT Agreement incorporated under paragraph 1; or

(b) a measure that a Party alleges to be inconsistent with this Chapter that:

(i) was referred or is subsequently referred to a WTO dispute settlement panel,

(ii) was taken to comply in response to the recommendations or rulings from the WTO Dispute Settlement Body, or

(ii) bears a close nexus, such as in terms of nature, effects, and timing, with respect to a measure described in subparagraph (ii).

Article 11.4. International Standards, Guides and Recommendations

1. The Parties recognize the important role that international standards, guides, and recommendations can play in supporting greater regulatory alignment and good regulatory practices, and in reducing unnecessary barriers to trade.

2. To determine whether there is an international standard, guide, or recommendation within the meaning of Articles 2 and 5 and Annex 3 of the TBT Agreement, each Party shall apply the TBT Committee Decision on International Standards.

3. Each Party shall apply no additional principles or criteria other than those in the TBT Committee Decision on International Standards in order to recognize a standard as an international standard. For greater certainty, criteria that are not relevant to determining whether a standard is an international standard include:

(a) the domicile of the standards body;

(b) whether the standards body is non-governmental or inter-governmental; and

(c) whether the standards body limits participation to delegations.

4. The Parties shall cooperate with each other in appropriate circumstances to ensure that international standards, guides, and recommendations that are likely to become a basis for technical regulations and conformity assessment procedures do not create unnecessary obstacles to international trade.

5. No Party shall accord any preference to the consideration or use of standards that are developed through processes that:

(a) are inconsistent with the TBT Committee Decision on International Standards; or

(b) treat persons of any of the Parties less favorably than persons whose domicile is the same as the standardization body.

6. With respect to any agreement or understanding establishing a customs union or free-trade area or providing trade-related technical assistance, each Party shall encourage the adoption, and use as the basis for standards, technical regulations, and conformity assessment procedures, of any relevant standards, guides, or recommendations developed in accordance with the TBT Committee Decision on International Standards.

7. Recognizing the importance of maintaining North American commercial integration and maintaining market access for producers in North America, each Party shall ensure that any obligation or understanding it has with a non-Party does not facilitate or require the withdrawal or limitation on the use or acceptance of any relevant standard, guide, or recommendation developed in accordance with the TBT Committee Decision on International Standards or the relevant provisions of this Chapter.

Article 11.5. Technical Regulations Preparation and Review of Technical Regulations

1. Each Party shall conduct an appropriate assessment concerning any major technical regulations it proposes to adopt. An assessment can include:

(a) a regulatory impact analysis of the technical regulation's potential impacts; or

(b) an analysis that requires evaluation of alternative measures, if any, including voluntary actions that are brought to the Party's attention in a timely manner.

Each Party shall maintain discretion in deciding if a proposed technical regulation is major under this paragraph.

2. Each Party shall:

(a) periodically review technical regulations and conformity assessment procedures in order to:

(i) examine increasing alignment with relevant international standards, including by reviewing any new developments in the relevant international standards and whether the circumstances that have given rise to divergences from any relevant international standard continue to exist, and

(ii) consider the existence of any less trade-restrictive approaches; or

(b) maintain a process whereby a person of another Party may directly petition the Party's regulatory authorities to review a technical regulation or conformity assessment procedure on the grounds that:

(i) circumstances that were relevant to the content of the technical regulation have changed, or

(ii) a less trade-restrictive method to fulfil the technical regulation's objective exists, such as a technical regulation based on the international standard.

Use of Standards in Technical Regulations

3. If there are multiple international standards that would be effective and appropriate to fulfil the Party's legitimate objectives of a technical regulation or conformity assessment procedure, the Party shall:

(a) consider using as a basis for the technical regulation or conformity assessment procedure each of the international standards that fulfill the legitimate objectives of the technical regulation or conformity assessment procedure; and

(b) if the Party has rejected an international standard that was brought to its attention, issue a written explanation wherever practicable.

The written explanation provided for in subparagraph (b) must include the reasons for the Party's decision to reject an international standard and shall be provided directly to the person that proposed a particular international standard or in a document that is published at the same time that the Party publishes the final technical regulation or conformity assessment procedure.

4. If no international standard is available that fulfils the legitimate objectives of the technical regulation or conformity assessment procedure, each Party shall consider whether a standard developed by a standardizing body domiciled in any of the Parties can fulfill its legitimate objectives. To that end, each Party shall:

(a) consider and decide whether to accept the standard developed by a standardizing body domiciled in any of the Parties fulfils its legitimate objectives; and

(b) if the Party has rejected a standard that was brought to its attention, issue a written explanation wherever practicable.

The written explanation provided for in subparagraph (b) must include the reasons for the Party’s decision to reject an international standard and shall be provided directly to the person that proposed a particular standard or in a document that is published at the same time the Party publishes the final technical regulation or conformity assessment procedure.

5. In order for a Party to consider accepting or using a standard as provided for in paragraphs 4 and 5, the Parties recognize that a standard must be brought to the attention of a Party, in a language the Party utilizes for the publication of technical regulations and conformity assessment procedures. This must be done during the Party's planning stage or when the proposed technical regulation or conformity assessment procedure is published for comment as provided for in Article 11.7 (Transparency).

Information Exchange

6. Ifa Party has not used an international standard as a basis for a technical regulation, a Party shall, on request from another Party, explain why it has not used a relevant international standard or has substantially deviated from an international standard. The explanation shall address why the standard has been judged inappropriate or ineffective for the objective pursued, and identify the scientific or technical evidence on which this assessment is based. To facilitate an appropriate explanation, the requesting Party shall in its request:

(a) identify a relevant international standard that the technical regulation has purportedly not used as its basis; and

(b) describe how the technical regulation is constraining or has the potential to constraint its exports.

The requesting Party shall also endeavour to indicate whether the international standard was brought to the responding Party's attention when it was developing the technical regulation.

7. In addition to Article 2.7 of the TBT Agreement, a Party shall, on request of another Party, (2) provide the reasons why it has not or cannot accept a technical regulation of that Party as equivalent to its own. The Party to which the request is made should provide its response within a reasonable period of time.

Labeling

8. In order to avoid disrupting North American trade, and consistent with the obligations contained in Article 11.3 (Incorporation of the TBT Agreement), each Party shall ensure that its technical regulations concerning labels:

(a) accord treatment no less favorable than that accorded to like goods of national origin; and

(b) do not create unnecessary obstacles to trade between the Parties.

(2) The Party's request should identify with precision the respective technical regulations it considers to be equivalent and any data or evidence that supports its position.

Article 11.6. Conformity Assessment

National Treatment

1. In addition to Article 6.4 of the TBT Agreement, each Party shall accord to conformity assessment bodies located in the territory of another Party treatment no less favorable than that it accords to conformity assessment bodies located in its own territory or in the territory of the other Party. Treatment under this paragraph includes procedures, criteria, fees, and other conditions relating to accrediting, approving, licensing, or otherwise recognizing conformity assessment bodies.

2. In addition to Article 6.4 of the TBT Agreement, if a Party maintains procedures, criteria or other conditions as set out in paragraph 1 and requires conformity assessment results, including test results, certifications, technical reports or inspections as positive assurance that a product conforms to a technical regulation or standard, it shall:

(a) not require the conformity assessment body to be located within its territory;

(b) not effectively require the conformity assessment body to operate an office within its territory; and

(c) permit conformity assessment bodies in other Parties' territories to apply to the Party, or any body that it has recognized or approved for this purpose, for a determination that they comply with any procedures, criteria and other conditions the Party requires to deem them competent or to otherwise approve them to test or certify the product or conduct an inspection.

Explanations and Information

3. If a Party undertakes conformity assessment procedures in relation to specific products by specified government bodies located in its own territory or in another Party's territory, the Party shall, on the request of another Party or if practicable, an applicant of another Party, explain:

(a) how the information it requires is necessary to assess conformity;

(b) the sequence in which a conformity assessment procedure is undertaken and completed;

(c) how the Party ensures that confidential business information is protected; and

(d) the procedure to review complaints concerning the operation of the conformity assessment procedure and to take corrective action when a complaint is justified.

4. Each Party shall explain, on the request of another Party, the reasons for its decision, whenever it declines to:

(a) accredit, approve, license, or otherwise recognize a conformity assessment body;

(b) recognize the results from a conformity assessment body that is a signatory to a mutual recognition arrangement;

(c) accept the results of a conformity assessment procedure conducted in the territory of another Party; or

(d) continue negotiations for a mutual recognition agreement.

Subcontracting

5. If a Party requires conformity assessment as a positive assurance that a product conforms with a technical regulation or standard, it shall not prohibit a conformity assessment body from using subcontractors, or refuse to accept the results of conformity assessment on account of the conformity assessment body using subcontractors, to perform testing or inspections in relation to the conformity assessment, including subcontractors located in the territory of another Party, (3) provided that the subcontractors are accredited and approved in the Party's territory, when required.

Accreditation

6. In addition to Article 9.2 of the TBT Agreement, no Party shall refuse to accept, or take actions that have the effect of, directly or indirectly, requiring or encouraging the refusal of acceptance of conformity assessment results performed by a conformity assessment body located in the territory of another Party because the accreditation body that accredited the conformity assessment body:

(a) operates in the territory of a Party where there is more than one accreditation body;

(b) is a non-governmental body;

(c) is domiciled in the territory of a Party that does not maintain a procedure for recognizing accreditation bodies, provided that the accreditation body is recognized internationally, consistent with paragraph 7;

(d) does not operate an office in the Party's territory; or

(e) is a for-profit entity.

7. In addition to Article 9.1 of the TBT Agreement, each Party shall:

(a) adopt or maintain measures to facilitate and encourage its authorities to rely on mutual or multilateral recognition arrangements to accredit, approve, license or otherwise recognize conformity assessment bodies where effective and appropriate to fulfill the Party's legitimate objectives; and

(b) consider approving or recognizing accredited conformity assessment bodies for its technical regulations or standards, by an accreditation body that is a signatory to a mutual or multilateral recognition arrangement, for example, the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF).

The Parties recognize that the arrangements referenced in subparagraph (b) can address considerations in approving conformity assessment bodies, including technical competence, independence, and the avoidance of conflicts of interest.

Choice of Conformity Assessment

8. The Parties recognize that the choice of conformity assessment procedures in relation to a specific product covered by a technical regulation or standard should include an evaluation of the tisks involved, the need to adopt procedures to address those risks, relevant scientific and technical information, incidence of non-compliant products, and possible alternative approaches for establishing that the technical regulation or standard has been met.

Fees

9. Nothing in this Article precludes a Party from requesting that conformity assessment procedures in relation to specific products are performed by specified government authorities of the Party. In those cases, the Party conducting the conformity assessment procedures shall:

(a) limit any fees it imposes for conformity assessment procedures on products from the other Parties to the costs of services rendered;

(b) not impose fees on an applicant of another Party to deliver conformity assessment services, except to recover costs incurred from services rendered;

(c) make the amounts of any fees for conformity assessment procedures publicly available;

(d) not apply a new or modified fee for conformity assessment procedures until the fee and the method for assessing the fee are published and, if practicable, the Party has provided an opportunity for interested persons to comment on the proposed introduction or modification of a conformity assessment fee.

10. On request of a Party, or an applicant's request if practicable, a Party shall explain how:

(a) any fees it imposes for such conformity assessment are no higher than the cost of services rendered;

(b) fees for its conformity assessment procedures are calculated; and (c) any information it requires is necessary to calculate fees. Exceptions

11. For greater certainty, nothing in paragraphs 1 or 2 precludes a Party from taking actions to verify the results from a conformity assessment procedure, including requesting information from the conformity assessment or accreditation body. These actions shall not subject a product to duplicative conformity assessment procedures, except when necessary to address non-compliance. The verifying Party may share information it has requested with another Party, provided it protects confidential information.

12. Paragraphs 2(b) and 5 do not apply to any requirement a Party may have concerning the use of products, conformity assessment procedures or related services in the commercial maritime or civil aviation sectors.

(3) For greater certainty, this paragraph does not prohibit a Party from taking steps to ensure the performance of the subcontractor meets its requirements.

Article 11.7. Transparency

1. Each Party shall allow persons of another Party to participate in the development of technical regulations, standards and conformity assessment procedures (4) by its central government bodies on terms no less favorable than those that it accords to its own persons.

2. Further to Articles 2.9 and 5.6 of the TBT Agreement, if a Party prepares or proposes to adopt a technical regulation or conformity assessment procedure that is notin response to an urgent situation as referred to in Article 2.10 and Article 5.7 of the TBT Agreement, the Party shall:

(a) publish the proposed technical regulation or conformity assessment procedure;

(b) allow persons of another Party to submit written comments during a public consultation period on no less favorable terms than it provides to its own persons;

(c) publish and allow for written comment in accordance with subparagraphs (a) and (b) at a time when the authority proposing the measure has sufficient time to review those comments and, as appropriate, to revise the measure to take them into account;

(d) consider the written comments from a person of another Party on no less favorable terms than it considers those submitted by its own persons; and

(e) if practicable, (5) accept a written request from another Party to discuss written comments that the other Party has submitted.

The Party requested under subparagraph (e) to discuss its proposed technical regulation or conformity assessment procedure shall ensure that it has appropriate personnel to participate in the discussions, such as from the competent authority that has proposed the technical regulation or conformity assessment procedure, in order to confirm that the written comments are fully taken into account.

(4) A Party satisfies this obligation by, for example, providing interested persons a reasonable opportunity to provide comments on the measure it proposes to develop and by taking those comments into account in the development of the measure.

3. Each Party shall endeavor to promptly make publicly available any written comments it receives under paragraph 2(c), except to the extent necessary to protect confidential information or withhold personal identifying information or inappropriate content. If it is impracticable to post these comments on a single website, the regulatory authority of a Party shall endeavor to make these comments available via its own website.

4. Each Party shall publish the final technical regulation or conformity assessment procedure and an explanation of how it has addressed substantive issues raised in comments submitted in a timely manner.

5. If appropriate, each Party shall encourage non-governmental bodies including standardization bodies in its territory to act consistently with the obligations in paragraphs 1 and 7, in developing standards and voluntary conformity assessment procedures.

6. Each Party shall ensure that its central government standardizing body’s work program, containing the standards it is currently preparing and the standards it has adopted, is published:

(a) on the central government standardizing body's website;

(b) in its official gazette; or

(c) on the website referred to in paragraph 10.

Stakeholder Participation in Developing Technical Regulations and Mandatory Conformity Assessment Procedures

7. Each Party shall encourage consideration of methods to provide additional transparency in the development of technical regulations, standards and conformity assessment procedures, including the use of electronic tools and public outreach or consultations.

8. If a Party requests a body within its territory to develop a standard for use as a technical regulation or conformity assessment procedure, the Party shall require the body to allow persons of another Party to participate on no less favorable terms than its own persons in groups or committees of the body that is developing the standard, and apply Annex 3 of the TBT Agreement.

9. Each Party shall take such reasonable measures as may be available to it to ensure proposed and final technical regulations and conformity assessment procedures of regional governments are published. (6)

10. Each Party shall publish online and make freely accessible, preferably on a single website, all proposed and final technical regulations and mandatory conformity assessment procedures, except with respect to any standards that are:

(a) developed by non-governmental organizations; and

(b) have been incorporated by reference into a technical regulation or conformity assessment procedure.

Notification of Technical Regulations and Conformity Assessment

11. In accordance with the procedures established under Article 2.9 or Article 5.6 of the TBT Agreement, each Party shall notify proposed technical regulations and conformity assessment procedures that are in accordance with the technical content of relevant international standards, guides, or recommendations if they may have a significant effect on trade. The Party's notification shall identify the precise international standards, guides or recommendations with which the proposal is in accordance.

12. In accordance with the procedures under Article 2.10 or Article 5.7 of the TBT Agreement, and notwithstanding paragraph 11, if urgent problems of safety, health, environmental protection, or national security arise or threaten to arise for a Party, that Party shall notify a technical regulation or conformity assessment procedure that is in accordance with the technical content of relevant international standards, guides or recommendations. In its notification, the Party shall identify the precise international standards, guides, or recommendations with which the proposal is in accordance.

13. In accordance with the procedures established under Article 2.9 or Article 5.6 of the TBT Agreement, each Party shall endeavor to notify, proposed technical regulations and conformity assessment procedures of regional level of governments that may have a significant effect on trade and that are in accordance with the technical content of relevant international standards, guides, and recommendations.

14. With respect to notifications made under Articles 2.9 and 5.6 of the TBT Agreement and paragraph 11 of this Chapter, each Party shall notify proposed technical regulations and conformity assessment procedures at an early appropriate stage by:

(a) ensuring the notification is made at a time when the authority developing the measure can introduce amendments, including in response to any comments submitted as set out in subparagraph (d);

(b) including with its notification:

(i) any objective for the proposed technical regulation or conformity assessment procedure and its legal basis,

(ii) an explanation of how the proposed technical regulation or conformity assessment procedure would fulfill the identified objectives, and

(iii) a copy of the proposed technical regulation or conformity assessment procedure or an online address at which the proposed measure can be accessed;

(c) transmitting the notification electronically to the other Parties through their enquiry points established in accordance with Article 10 of the TBT Agreement, contemporaneously with the submission of the notification to the WTO Secretariat; and

(d) providing sufficient time between the end of the comment period and the adoption of the notified technical regulation or conformity assessment procedure to ensure that the responsible authority can fully consider the submitted comments and the Party can issue its responses to the comments.

Each Party shall normally allow 60 days from the date it transmits a proposal under subparagraph (b) for another Party or an interested person of a Party to provide comments in writing on the proposal. A Party shall consider any reasonable request from another Party or an interested person of a Party to extend the comment period. A Party that is able to extend a time limit beyond 60 days, for example 90 days, shall consider doing so.

  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Section   A Initial Provisions 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Relation to other Agreements 1
  • Article   1.3 Relation to Environmental and Conservation Agreements 1
  • Article   1.4 Persons Exercising Delegated Governmental Authority 1
  • Section   B General Definitions 1
  • Article   1.5 General Definitions 1
  • Section   C Country-Specific Definitions 1
  • Chapter   2 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Article   2.1 Definitions 1
  • Article   2.2 Scope 2
  • Article   2.3 National Treatment 2
  • Article   2.4 Treatment of Customs Duties 2
  • Article   2.5 Drawback and Duty Deferral Programs 2
  • Article   2.6 Waiver of Customs Duties 2
  • Article   2.7 Temporary Admission of Goods 2
  • Article   2.8 Goods Re-Entered after Repair or Alteration 2
  • Article   2.9 Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials 2
  • Article   2.10 Most-Favored-Nation Rates of Duty on Certain Goods 2
  • Article   2.11 Import and Export Restrictions 2
  • Article   2.12 Remanufactured Goods 2
  • Article   2.13 Transparency In Import Licensing Procedures 2
  • Article   2.14 Transparency In Export Licensing Procedures 2
  • Article   2.15 Export Duties, Taxes, or other Charges 3
  • Article   2.16 Administrative Fees and Formalities 3
  • Article   2.17 Committee on Trade In Goods 3
  • Chapter   3 AGRICULTURE 3
  • Section   A General Provisions 3
  • Article   3.1 Definitions 3
  • Article   3.2 Scope 3
  • Article   3.3 International Cooperation 3
  • Article   3.4 Export Competition 3
  • Article   3.5 Export Restrictions - Food Security 3
  • Article   3.6 Domestic Support 3
  • Article   3.7 Committee on Agricultural Trade 3
  • Article   3.8 Consultative Committees on Agriculture 3
  • Article   3.9 Agricultural Special Safeguards 3
  • Article   3.10 Transparency and Consultations 3
  • Article   3.11 Annexes 3
  • Section   B Agricultural Biotechnology 3
  • Article   3.12 Definitions 3
  • Article   3.13 Contact Points 3
  • Article   3.14 Trade In Products of Agricultural Biotechnology 3
  • Article   3.15 LLP Occurrence 3
  • Article   3.16 Working Group for Cooperation on Agricultural Biotechnology 3
  • Chapter   4 RULES OF ORIGIN 4
  • Article   4.1 Definitions 4
  • Article   4.2 Originating Goods 4
  • Article   4.3 Wholly Obtained or Produced Goods 4
  • Article   4.4 Treatment of Recovered Materials Used In the Production of a Remanufactured Good 4
  • Article   4.5 Regional Value Content 4
  • Article   4.6 Value of Materials Used In Production 4
  • Article   4.7 Further Adjustments to the Value of Materials 4
  • Article   4.8 Intermediate Materials 4
  • Article   4.9 Indirect Materials 4
  • Article   4.10 Automotive Goods 4
  • Article   4.11 Accumulation 4
  • Article   4.12 De Minimis 4
  • Article   4.13 Fungible Goods and Materials 4
  • Article   4.14 Accessories, Spare Parts, Tools, or Instructional or other Information Materials 4
  • Article   4.15 Packaging Materials and Containers for Retail Sale 5
  • Article   4.16 Packing Materials and Containers for Shipment 5
  • Article   4.17 Sets of Goods, Kits or Composite Goods 5
  • Article   4.18 Transit and Transshipment 5
  • Article   4.19 Non-Qualifying Operations 5
  • Chapter   5 ORIGIN PROCEDURES 5
  • Article   5.1 Definitions 5
  • Article   5.2 Claims for Preferential Tariff Treatment 5
  • Article   5.3 Basis of a Certification of Origin 5
  • Article   5.4 Obligations Regarding Importations 5
  • Article   5.5 Exceptions to Certification of Origin 5
  • Article   5.6 Obligations Regarding Exportations 5
  • Article   5.7 Errors or Discrepancies 5
  • Article   5.8 Record Keeping Requirements 5
  • Article   5.9 Origin Verification 5
  • Article   5.10 Determinations of Origin 5
  • Article   5.11 Refunds and Claims for Preferential Tariff Treatment after Importation 5
  • Article   5.12 Confidentiality 6
  • Article   5.13 Penalties 6
  • Article   5.14 Advance Rulings Relating to Origin 6
  • Article   5.15 Review and Appeal 6
  • Article   5.16 Uniform Regulations 6
  • Article   5.17 Notification of Treatment 6
  • Article   5.18 Committee on Rules of Origin and Origin Procedures 6
  • Article   5.19 Sub-Committee on Origin Verification 6
  • Chapter   6 TEXTILE AND APPAREL GOODS 6
  • Article   6.1 Rules of Origin and Related Matters 6
  • Article   6.2 Handmade, Traditional Folkloric, or Indigenous Handicraft Goods 6
  • Article   6.3 Special Provisions 6
  • Article   6.4 Review and Revision of Rules of Origin 6
  • Article   6.5 Cooperation 6
  • Article   6.6 Verification 6
  • Article   6.7 Determinations 6
  • Article   6.8 Committee on Textile and Apparel Trade Matters 6
  • Article   6.9 Confidentiality 6
  • Chapter   7 CUSTOMS ADMINISTRATION AND TRADE FACILITATION 6
  • Section   A Trade Facilitation 6
  • Article   7.1 Trade Facilitation 6
  • Article   7.2 Online Publication 6
  • Article   7.3 Communication with Traders 6
  • Article   7.4 Enquiry Points 6
  • Article   7.5 Advance Rulings 6
  • Article   7.6 Advice or Information Regarding Duty Drawback or Duty Deferral Programs 7
  • Article   7.7 Release of Goods 7
  • Article   7.8 Express Shipments 7
  • Article   7.9 Use of Information Technology 7
  • Article   7.10 Single Window 7
  • Article   7.11 Transparency, Predictability, and Consistency In Customs Procedures 7
  • Article   7.12 Risk Management 7
  • Article   7.13 Post-Clearance Audit 7
  • Article   7.14 Authorized Economic Operator - AEO 7
  • Article   7.15 Review and Appeal of Customs Determinations 7
  • Article   7.16 Administrative Guidance 7
  • Article   7.17 Transit 7
  • Article   7.18 Penalties 7
  • Article   7.19 Standards of Conduct 7
  • Article   7.20 Customs Brokers 8
  • Article   7.21 Border Inspections 8
  • Article   7.22 Protection of Trader Information 8
  • Article   7.23 Customs Initiatives for Trade Facilitation 8
  • Article   7.24 Committee on Trade Facilitation 8
  • Section   B Cooperation and Enforcement 8
  • Article   7.25 Regional and Bilateral Cooperation on Enforcement 8
  • Article   7.26 Exchange of Specific Confidential Information 8
  • Article   7.27 Customs Compliance Verification Requests 8
  • Article   7.28 Confidentiality between Parties 8
  • Article   7.29 Sub-Committee on Customs Enforcement 8
  • Chapter   8 RECOGNITION OF THE UNITED MEXICAN STATES' DIRECT, INALIENABLE, AND IMPRESCRIPTIBLE OWNERSHIP OF HYDROCARBONS 8
  • Article   8.1 Recognition of the United Mexican States' Direct, Inalienable, and Imprescriptible Ownership of Hydrocarbons 8
  • Chapter   9 SANITARY AND PHYTOSANITARY MEASURES 8
  • Article   9.1 Definitions 8
  • Article   9.2 Scope 8
  • Article   9.3 Objectives 8
  • Article   9.4 General Provisions 8
  • Article   9.5 Competent Authorities and Contact Points 8
  • Article   9.6 Science and Risk Analysis 8
  • Article   9.7 Enhancing Compatibility of Sanitary and Phytosanitary Measures 9
  • Article   9.8 Adaptation to Regional Conditions, Including Pest- or Disease-Free Areas and Areas of Low Pest or Disease Prevalence 9
  • Article   9.9 Equivalence 9
  • Article   9.10 Audits  (4) 9
  • Article   9.11 Import Checks 9
  • Article   9.12 Certification 9
  • Article   9.13 Transparency 9
  • Article   9.14 Emergency Measures 9
  • Article   9.15 Information Exchange 9
  • Article   9.16 Cooperation 9
  • Article   9.17 Committee on Sanitary and Phytosanitary Measures 9
  • Article   9.18 Technical Working Groups 10
  • Article   9.19 Technical Consultations 10
  • Article   9.20 Dispute Settlement 10
  • Chapter   10 TRADE REMEDIES 10
  • Section   A Safeguards 10
  • Article   10.1 Definitions 10
  • Article   10.2 Rights and Obligations 10
  • Article   10.3 Administration of Emergency Action Proceedings 10
  • Section   B Antidumping and Countervailing Duties 10
  • Article   10.4 Definitions 10
  • Article   10.5 Rights and Obligations 10
  • Section   C Cooperation on Preventing Duty Evasion of Trade Remedy Laws 10
  • Article   10.6 General 10
  • Article   10.7 Duty Evasion Cooperation 10
  • Section   D REVIEW AND DISPUTE SETTLEMENT IN ANTIDUMPING AND COUNTERVAILING DUTY MATTERS 10
  • Article   10.8 Definitions 10
  • Article   10.9 General Provisions 11
  • Article   10.10 Retention of Domestic Antidumping Law and Countervailing Duty Law 11
  • Article   10.11 Review of Statutory Amendments 11
  • Article   10.12 Review of Final Antidumping and Countervailing Duty Determinations 11
  • Article   10.13 Safeguarding the Panel Review System 11
  • Article   10.14 Prospective Application 11
  • Article   10.15 Consultations 11
  • Article   10.16 Special Secretariat Provisions 11
  • Article   10.17 Code of Conduct 11
  • Article   10.18 Miscellaneous 11
  • Chapter   11 TECHNICAL BARRIERS TO TRADE 11
  • Article   11.1 Definitions 11
  • Article   11.2 Scope 12
  • Article   11.3 Incorporation of the TBT Agreement 12
  • Article   11.4 International Standards, Guides and Recommendations 12
  • Article   11.5 Technical Regulations Preparation and Review of Technical Regulations 12
  • Article   11.6 Conformity Assessment 12
  • Article   11.7 Transparency 12
  • Article   11.8 Compliance Period for Technical Regulations and Conformity Assessment Procedures 13
  • Article   11.9 Cooperation and Trade Facilitation 13
  • Article   11.10 Information Exchange and Technical Discussions 13
  • Article   11.11 Committee on Technical Barriers to Trade 13
  • Article   11.12 Contact Points 13
  • Chapter   12 SECTORAL ANNEXES 13
  • Article   12.1 Sectoral Annexes 13
  • ANNEX 12-C  INFORMATION AND COMMUNICATION TECHNOLOGY 13
  • Article   12.C.1 Definitions 13
  • Article   12.C.2 ICT Goods That Use Cryptography 13
  • Article   12.C.3 Electromagnetic Compatibility of ITE Products 13
  • Article   12.C.4 Regional Cooperation Activities on Telecommunications Equipment 13
  • Article   12.C.5 Terminal Equipment 13
  • Chapter   13 GOVERNMENT PROCUREMENT 13
  • Article   13.1 Definitions 13
  • Article   13.2 Scope 14
  • Article   13.3 Exceptions 14
  • Article   13.4 General Principles 14
  • Article   13.5 Publication of Procurement Information 14
  • Article   13.6 Notices of Intended Procurement 14
  • Article   13.7 Conditions for Participation 14
  • Article   13.8 Qualification of Suppliers 14
  • Article   13.9 Limited Tendering 15
  • Article   13.10 Negotiations 15
  • Article   13.11 Technical Specifications 15
  • Article   13.12 Tender Documentation 15
  • Article   13.13 Time Periods 15
  • Article   13.14 Treatment of Tenders and Awarding of Contracts 15
  • Article   13.15 Transparency and Post-Award Information 15
  • Article   13.16 Disclosure of Information Provision of Information to Parties 15
  • Article   13.17 Ensuring Integrity In Procurement Practices 15
  • Article   13.18 Domestic Review 15
  • Article   13.19 Modifications and Rectifications of Annex 15
  • Article   13.20 Facilitation of Participation by SMEs 16
  • Article   13.21 Committee on Government Procurement 16
  • Chapter   14 INVESTMENT 16
  • Article   14.1 Definitions 16
  • Article   14.2 Scope 16
  • Article   14.3 Relation to other Chapters 16
  • Article   14.4 National Treatment 16
  • Article   14.5 Most-Favored-Nation Treatment 16
  • Article   14.6 Minimum Standard of Treatment  (6) 16
  • Article   14.7 Treatment In Case of Armed Conflict or Civil Strife 16
  • Article   14.8 Expropriation and Compensation  (7) 16
  • Article   14.9 Transfers 16
  • Article   14.10 Performance Requirements 16
  • Article   14.11 Senior Management and Boards of Directors 17
  • Article   14.12 Non-Conforming Measures 17
  • Article   14.13 Special Formalities and Information Requirements 17
  • Article   14.14 Denial of Benefits 17
  • Article   14.15 Subrogation 17
  • Article   14.16 Investment and Environmental, Health, Safety, and other Regulatory Objectives 17
  • Article   14.17 Corporate Social Responsibility 17
  • ANNEX 14-A  CUSTOMARY INTERNATIONAL LAW 17
  • ANNEX 14-B  EXPROPRIATION 17
  • ANNEX 14-C  LEGACY INVESTMENT CLAIMS AND PENDING CLAIMS 17
  • ANNEX 14-D  MEXICO-UNITED STATES INVESTMENT DISPUTES 17
  • Article   14.D.1 Definitions 17
  • Article   14.D.2 Consultation and Negotiation 17
  • Article   14.D.3 Submission of a Claim to Arbitration 17
  • Article   14.D.4 Consent to Arbitration 17
  • Article   14.D.5 Conditions and Limitations on Consent 18
  • Article   14.D.6 Selection of Arbitrators 18
  • Article   14.D.7 Conduct of the Arbitration 18
  • Article   14.D8 Transparency of Arbitral Proceedings 18
  • Article   14.D.9 Governing Law 18
  • Article   14.D.10 Interpretation of Annexes 18
  • Article   14.D.11 Expert Reports 18
  • Article   14.D.12 Consolidation 18
  • Article   14.D.13 Awards 18
  • Article   14.D.14 Service of Documents 18
  • APPENDIX 1  SERVICE OF DOCUMENTS ON AN ANNEX PARTY 18
  • APPENDIX 2  PUBLIC DEBT 18
  • APPENDIX 3  SUBMISSION OF A CLAIM TO ARBITRATION 18
  • ANNEX 14-E  MEXICO-UNITED STATES INVESTMENT DISPUTES RELATED TO COVERED GOVERNMENT CONTRACTS 19
  • Chapter   15 CROSS-BORDER TRADE IN SERVICES 19
  • Article   15.1 Definitions 19
  • Article   15.2 Scope 19
  • Article   15.3 National Treatment 19
  • Article   15.4 Most-Favored-Nation Treatment 19
  • Article   15.5 Market Access 19
  • Article   15.6 Local Presence 19
  • Article   15.7 Non-Conforming Measures 19
  • Article   15.8 Development and Administration of Measures 19
  • Article   15.9 Recognition 19
  • Article   15.10 Small and Medium-Sized Enterprises 19
  • Article   15.11 Denial of Benefits 20
  • Article   15.12 Payments and Transfers 20
  • Chapter   16 TEMPORARY ENTRY FOR BUSINESS PERSONS 20
  • Article   16.1 Definitions 20
  • Article   16.2 Scope 20
  • Article   16.3 General Obligations 20
  • Article   16.4 Grant of Temporary Entry 20
  • Article   16.5 Provision of Information 20
  • Article   16.6 Temporary Entry Working Group 20
  • Article   16.7 Dispute Settlement 20
  • Article   16.8 Relation to other Chapters 20
  • ANNEX 16-A  TEMPORARY ENTRY FOR BUSINESS PERSONS 20
  • Section   A Business Visitors 20
  • Section   B Traders and Investors 20
  • Section   C Intra-Company Transferees 20
  • Section   D Professionals 20
  • Chapter   17 FINANCIAL SERVICES 20
  • Article   17.1 Definitions 20
  • Article   17.2 Scope 20
  • Article   17.3 National Treatment 21
  • Article   17.4 Most-Favored-Nation Treatment 21
  • Article   17.5 Market Access 21
  • Article   17.6 Cross-Border Trade Standstill 21
  • Article   17.7 New Financial Services  (4) 21
  • Article   17.8 Treatment of Customer Information 21
  • Article   17.9 Senior Management and Boards of Directors 21
  • Article   17.10 Non-Conforming Measures 21
  • Article   17.11 Exceptions 21
  • Article   17.12 Recognition 21
  • Article   17.13 Transparency and Administration of Certain Measures 21
  • Article   17.14 Self-Regulatory Organizations 21
  • Article   17.15 Payment and Clearing Systems 21
  • Article   17.16 Expedited Availability of Insurance Services 21
  • Article   17.17 Transfer of Information 21
  • Article   17.18 Location of Computing Facilities 21
  • Article   17.19 Committee on Financial Services 21
  • Article   17.20 Consultations 21
  • Article   17.21 Dispute Settlement 21
  • ANNEX 17-A  CROSS-BORDER TRADE 22
  • ANNEX 17-B  AUTHORITIES RESPONSIBLE FOR FINANCIAL SERVICES 22
  • ANNEX 17-C  MEXICO-UNITED STATES INVESTMENT DISPUTES IN FINANCIAL SERVICES 22
  • ANNEX 17-D  LOCATION OF COMPUTING FACILITIES 22
  • Chapter   18 TELECOMMUNICATIONS 22
  • Article   18.1 Definitions 22
  • Article   18.2 Scope 23
  • Article   18.3 Access and Use 23
  • Article   18.4 Obligations Relating to Suppliers of Public Telecommunications Services Interconnection 23
  • Article   18.5 Treatment by Major Suppliers of Public Telecommunications Services 23
  • Article   18.6 Competitive Safeguards 23
  • Article   18.7 Resale  (7) 23
  • Article   18.8 Unbundling of Network Elements 23
  • Article   18.9 Interconnection with Major Suppliers 23
  • Article   18.10 Provisioning and Pricing of Leased Circuits Services 23
  • Article   18.11 Co-Location  (8) 23
  • Article   18.12 Access to Poles, Ducts, Conduits, and Rights-of-Way  (9) 23
  • Article   18.13 Submarine Cable Systems 23
  • Article   18.14 Conditions for the Supply of Value-Added Services  (11) 23
  • Article   18.15 Flexibility In the Choice of Technology 23
  • Article   18.16 Approaches to Regulation 23
  • Article   18.17 Telecommunications Regulatory Bodies 23
  • Article   18.18 State Enterprises 23
  • Article   18.19 Universal Services 23
  • Article   18.20 Licensing Process 23
  • Article   18.21 Allocation and Use of Scarce Resources 24
  • Article   18.22 Enforcement 24
  • Article   18.23 Resolution of Disputes 24
  • Article   18.24 Transparency 24
  • Article   18.25 International Roaming Services 24
  • Article   18.26 Relation to other Chapters 24
  • Article   18.27 Telecommunications Committee 24
  • Chapter   19 DIGITAL TRADE 24
  • Article   19.1 Definitions 24
  • Article   19.2 Scope and General Provisions 24
  • Article   19.3 Customs Duties 24
  • Article   19.4 Non-Discriminatory Treatment of Digital Products 24
  • Article   19.5 Domestic Electronic Transactions Framework 24
  • Article   19.6 Electronic Authentication and Electronic Signatures 24
  • Article   19.7 Online Consumer Protection 24
  • Article   19.8 Personal Information Protection 24
  • Article   19.9 Paperless Trading 24
  • Article   19.10 Principles on Access to and Use of the Internet for Digital Trade 24
  • Article   19.11 Cross-Border Transfer of Information by Electronic Means 24
  • Article   19.12 Location of Computing Facilities 24
  • Article   19.13 Unsolicited Commercial Electronic Communications 24
  • Article   19.14 Cooperation 24
  • Article   19.15 Cybersecurity 25
  • Article   19.16 Source Code 25
  • Article   19.17 Interactive Computer Services 25
  • Article   19.18 Open Government Data 25
  • ANNEX 19-A  25
  • Chapter   20 INTELLECTUAL PROPERTY RIGHTS 25
  • Section   A General Provisions 25
  • Article   20.1 Definitions 25
  • Article   20.2 Objectives 25
  • Article   20.3 Principles 25
  • Article   20.4 Understandings In Respect of this Chapter 25
  • Article   20.5 Nature and Scope of Obligations 25
  • Article   20.6 Understandings Regarding Certain Public Health Measures 25
  • Article   20.7 International Agreements 25
  • Article   20.8 National Treatment 25
  • Article   20.9 Transparency 25
  • Article   20.10 Application of Chapter to Existing Subject Matter and Prior Acts 25
  • Article   20.11 Exhaustion of Intellectual Property Rights 25
  • Section   B Cooperation 25
  • Article   20.12 Contact Points for Cooperation 25
  • Article   20.13 Cooperation 25
  • Article   20.14 Committee on Intellectual Property Rights 25
  • Article   20.15 Patent Cooperation and Work Sharing 25
  • Article   20.16 Cooperation on Request 25
  • Section   C Trademarks 25
  • Article   20.17 Types of Signs Registrable as Trademarks 25
  • Article   20.18 Collective and Certification Marks 25
  • Article   20.19 Use of Identical or Similar Signs 26
  • Article   20.20 Exceptions 26
  • Article   20.21 Well-Known Trademarks 26
  • Article   20.22 Procedural Aspects of Examination, Opposition, and Cancellation 26
  • Article   20.23 Electronic Trademarks System 26
  • Article   20.24 Classification of Goods and Services 26
  • Article   20.25 Term of Protection for Trademarks 26
  • Article   20.26 Non-Recordal of a License 26
  • Article   20.27 Domain Names 26
  • Section   D Country Names 26
  • Article   20.28 Country Names 26
  • Section   E Geographical Indications 26
  • Article   20.29 Recognition of Geographical Indications 26
  • Article   20.30 Administrative Procedures for the Protection or Recognition of Geographical Indications 26
  • Article   20.31 Grounds of Denial, Opposition, and Cancellation  (17) 26
  • Article   20.32 Guidelines for Determining Whether a Term Is the Term Customary In the Common Language 26
  • Article   20.33 Multi-Component Terms 26
  • Article   20.34 Date of Protection of a Geographical Indication 26
  • Article   20.35 International Agreements 26
  • Section   F Patents and Undisclosed Test or other Data 26
  • Subsection   A General Patents 26
  • Article   20.36 Patentable Subject Matter 26
  • Article   20.37 Grace Period 26
  • Article   20.38 Patent Revocation 26
  • Article   20.39 Exceptions 26
  • Article   20.40 Other Use without Authorization of the Right Holder 26
  • Article   20.41 Amendments, Corrections, and Observations 26
  • Article   20.42 Publication of Patent Applications 26
  • Article   20.43 Information Relating to Published Patent Applications and Granted Patents 26
  • Article   20.44 Patent Term Adjustment for Unreasonable Granting Authority Delays 26
  • Subsection   B Measures Relating to Agricultural Chemical Products 27
  • Article   20.45 Protection of Undisclosed Test or other Data for Agricultural Chemical Products 27
  • Subsection   C Measures Relating to Pharmaceutical Products 27
  • Article   20.46 Patent Term Adjustment for Unreasonable Curtailment 27
  • Article   20.47 Regulatory Review Exception 27
  • Article   20.48 Protection of Undisclosed Test or other Data 27
  • Article   20.49 Definition of New Pharmaceutical Product 27
  • Article   20.50 Measures Relating to the Marketing of Certain Pharmaceutical Products  (48) 27
  • Article   20.51 Alteration of Period of Protection 27
  • Section   G Industrial Designs 27
  • Article   20.52 Protection 27
  • Article   20.53 Non-Prejudicial Disclosures/Grace Period  (51) 27
  • Article   20.54 Electronic Industrial Design System 27
  • Article   20.55 Term of Protection 27
  • Section   H Copyright and Related Rights 27
  • Article   20.56 Definitions 27
  • Article   20.57 Right of Reproduction 27
  • Article   20.58 Right of Communication to the Public 27
  • Article   20.59 Right of Distribution 27
  • Article   20.60 No Hierarchy 27
  • Article   20.61 Related Rights 27
  • Article   20.62 Term of Protection for Copyright and Related Rights 27
  • Article   20.63 Application of Article 18 of the Berne Convention and Article 14.6 of the TRIPS Agreement 27
  • Article   20.64 Limitations and Exceptions 27
  • Article   20.65 Contractual Transfers 27
  • Article   20.66 Technological Protection Measures  (65) 27
  • Article   20.67 Rights Management Information  (73) 28
  • Article   20.68 Collective Management 28
  • Section   I Trade Secrets  (78) (79) 28
  • Article   20.69 Protection of Trade Secrets 28
  • Article   20.70 Civil Protection and Enforcement 28
  • Article   20.71 Criminal Enforcement 28
  • Article   20.72 Definitions 28
  • Article   20.73 Provisional Measures 28
  • Article   20.74 Confidentiality 28
  • Article   20.75 Civil Remedies 28
  • Article   20.76 Licensing and Transfer of Trade Secrets 28
  • Article   20.77 Prohibition of Unauthorized Disclosure or Use of a Trade Secret by Government Officials Outside the Scope of Their Official Duties 28
  • Section   J Enforcement 28
  • Article   20.78 General Obligations 28
  • Article   20.79 Presumptions 28
  • Article   20.80 Enforcement Practices with Respect to Intellectual Property Rights 28
  • Article   20.81 Civil and Administrative Procedures and Remedies 28
  • Article   20.82 Provisional Measures 28
  • Article   20.83 Special Requirements Related to Border Measures 28
  • Article   20.84 Criminal Procedures and Penalties 29
  • Article   20.85 Protection of Encrypted Program-Carrying Satellite and Cable Signals 29
  • Article   20.86 Government Use of Software 29
  • Article   20.87 Internet Service Providers 29
  • Article   20.88 Legal Remedies and Safe Harbors  (119) 29
  • Section   K Final Provisions 29
  • Article   20.89 Final Provisions 29
  • ANNEX 20-A  ANNEX TO ARTICLE 20.50 29
  • ANNEX 20-B  ANNEX TO SECTION J 29
  • Chapter   21 COMPETITION POLICY 30
  • Article   21.1 Competition Law and Authorities 30
  • Article   21.2 Procedural Fairness In Competition Law Enforcement 30
  • Article   21.3 Cooperation 30
  • Article   21.4 Consumer Protection 30
  • Article   21.5 Transparency 30
  • Article   21.6 Consultations 30
  • Chapter   22 STATE-OWNED ENTERPRISES AND DESIGNATED MONOPOLIES 30
  • Article   22.1 Definitions 30
  • Article   22.2 Scope 30
  • Article   22.3 Delegated Authority 30
  • Article   22.4 Non-Discriminatory Treatment and Commercial Considerations 30
  • Article   22.5 Courts and Administrative Bodies 31
  • Article   22.6 Non-Commercial Assistance 31
  • Article   22.7 Adverse Effects 31
  • Article   22.8 Injury 31
  • Article   22.9 Party-Specific Annexes 31
  • Article   22.10 Transparency 31
  • Article   22.11 Technical Cooperation 31
  • Article   22.12 Committee on State-Owned Enterprises and Designated Monopolies 31
  • Article   22.13 Exceptions 31
  • Article   22.14 Further Negotiations 31
  • Article   22.15 Process for Developing Information 31
  • Chapter   23 LABOR 31
  • Article   23.1 Definitions 31
  • Article   23.2 Statement of Shared Commitments 32
  • Article   23.3 Labor Rights 32
  • Article   23.4 Non-Derogation 32
  • Article   23.5 Enforcement of Labor Laws 32
  • Article   23.6 Forced or Compulsory Labor 32
  • Article   23.7 Violence Against Workers 32
  • Article   23.8 Migrant Workers 32
  • Article   23.9 Discrimination In the Workplace 32
  • Article   23.10 Public Awareness and Procedural Guarantees 32
  • Article   23.11 Public Submissions 32
  • Article   23.12 Cooperation 32
  • Article   23.13 Cooperative Labor Dialogue 32
  • Article   23.14 Labor Council 32
  • Article   23.15 Contact Points 32
  • Article   23.16 Public Engagement 32
  • Article   23.17 Labor Consultations 32
  • ANNEX 23-A  WORKER REPRESENTATION IN COLLECTIVE BARGAINING IN MEXICO 33
  • Chapter   24 ENVIRONMENT 33
  • Article   24.1 Definitions 33
  • Article   24.2 Scope and Objectives 33
  • Article   24.3 Levels of Protection 33
  • Article   24.4 Enforcement of Environmental Laws 33
  • Article   24.5 Public Information and Participation 33
  • Article   24.6 Procedural Matters 33
  • Article   24.7 Environmental Impact Assessment 33
  • Article   24.8 Multilateral Environmental Agreements  (6) (7) 33
  • Article   24.9 Protection of the Ozone Layer 33
  • Article   24.10 Protection of the Marine Environment from Ship Pollution 33
  • Article   24.11 Air Quality 33
  • Article   24.12 Marine Litter 33
  • Article   24.13 Corporate Social Responsibility and Responsible Business Conduct 33
  • Article   24.14 Voluntary Mechanisms to Enhance Environmental Performance 33
  • Article   24.15 Trade and Biodiversity 34
  • Article   24.16 Invasive Alien Species 34
  • Article   24.17 Marine Wild Capture Fisheries™  (17) 34
  • Article   24.18 Sustainable Fisheries Management 34
  • Article   24.19 Conservation of Marine Species 34
  • Article   24.20 Fisheries Subsidies 34
  • Article   24.21 Ilegal, Unreported, and Unregulated (IUU) Fishing 34
  • Article   24 Conservation and Trade 34
  • Article   24.23 Sustainable Forest Management and Trade 34
  • Article   24.24 Environmental Goods and Services 34
  • Article   24.25 Environmental Cooperation 34
  • Article   24.26 Environment Committee and Contact Points 34
  • Article   24.27 Submissions on Enforcement Matters 35
  • Article   24.28 Factual Records and Related Cooperation 35
  • Article   24.29 Environment Consultations 35
  • Article   24.30 Senior Representative Consultations 35
  • Article   24 Ministerial Consultations 35
  • Article   24.32 Dispute Resolution 35
  • ANNEX 24-A  35
  • ANNEX 24-B  35
  • Chapter   25 SMALL AND MEDIUM-SIZED ENTERPRISES 35
  • Article   25.1 General Principles 35
  • Article   25.2 Cooperation to Increase Trade and Investment Opportunities for SMEs 35
  • Article   25.3 Information Sharing 35
  • Article   25.4 Committee on SME Issues 35
  • Article   25.5 SME Dialogue 35
  • Article   25.7 Non-Application of Dispute Settlement 35
  • Chapter   26 COMPETITIVENESS 35
  • Article   26.1 North American Competitiveness Committee 35
  • Article   26.2 Engagement with Interested Persons 36
  • Article   26.3 Non-Application of Dispute Settlement 36
  • Chapter   27 ANTICORRUPTION 36
  • Article   27.1 Definitions 36
  • Article   27.2 Scope 36
  • Article   27.3 Measures to Combat Corruption 36
  • Article   27.4 Promoting Integrity Among Public Officials™  (7) 36
  • Article   27.5 Participation of Private Sector and Society 36
  • Article   27.6 Application and Enforcement of Anticorruption Laws 36
  • Article   27.7 Relation to other Agreements 36
  • Article   27.8 Dispute Settlement 36
  • Article   27.9 Cooperation 36
  • Chapter   28 GOOD REGULATORY PRACTICES 36
  • Article   28.1 Definitions 36
  • Article   28.2 Subject Matter and General Provisions 36
  • Article   28.3 Central Regulatory Coordinating Body 36
  • Article   28.4 Internal Consultation, Coordination, and Review 36
  • Article   28.5 Information Quality 36
  • Article   28.6 Early Planning 36
  • Article   28.7 Dedicated Website 36
  • Article   28.8 Use of Plain Language 36
  • Article   28.9 Transparent Development of Regulations 36
  • Article   28.10 Expert Advisory Groups 37
  • Article   28.11 Regulatory Impact Assessment 37
  • Article   28.12 Final Publication 37
  • Article   28.13 Retrospective Review 37
  • Article   28.14 Suggestions for Improvement 37
  • Article   28.15 Information About Regulatory Processes 37
  • Article   28.16 Annual Report 37
  • Article   28.17 Encouragement of Regulatory Compatibility and Cooperation 37
  • Article   28.18 Committee on Good Regulatory Practices 37
  • Article   28.19 Contact Points 37
  • Article   28.20 Application of Dispute Settlement 37
  • ANNEX 28-A  ADDITIONAL PROVISIONS CONCERNING THE SCOPE OF "REGULATIONS" AND "REGULATORY AUTHORITIES" 37
  • Chapter   29 PUBLICATION AND ADMINISTRATION 37
  • Section   A Publication and Administration 37
  • Article   29.1 Definitions 37
  • Article   29.2 Publication 37
  • Article   29.3 Administrative Proceedings 37
  • Article   29.4 Review and Appeal 38
  • Section   B Transparency and Procedural Fairness for Pharmaceutical Products and Medical Devices  (3) 38
  • Article   29.5 Definitions 38
  • Article   29.6 Principles 38
  • Article   29.7 Procedural Fairness 38
  • Article   29.8 Dissemination of Information to Health Professionals and Consumers 38
  • Article   29.9 Consultations 38
  • Article   29.10 Non-Application of Dispute Settlement 38
  • ANNEX 29-A  PUBLICATION OF LAWS AND REGULATIONS OF GENERAL APPLICATION 38
  • ANNEX 29-B  PARTY-SPECIFIC DEFINITIONS 38
  • Chapter   30 ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS 38
  • Article   30.1 Establishment of the Free Trade Commission 38
  • Article   30.2 Functions of the Commission 38
  • Article   30.3 Decision-Making 38
  • Article   30.4 Rules of Procedure of the Commission and Subsidiary Bodies 38
  • Article   30.5 Agreement Coordinator and Contact Points 38
  • Article   30.6 The Secretariat 38
  • Chapter   31 DISPUTE SETTLEMENT 38
  • Section   A Dispute Settlement 38
  • Article   31.1 Cooperation 38
  • Article   31.2 Scope 38
  • Article   31.3 Choice of Forum 38
  • Article   31.4 Consultations 38
  • Article   31.5 Good Offices, Conciliation, and Mediation 38
  • Article   31.6 Establishment of a Panel 39
  • Article   31.7 Terms of Reference 39
  • Article   31.8 Roster and Qualifications of Panelists 39
  • Article   31.9 Panel Composition 39
  • Article   31.10 Replacement of Panelists 39
  • Article   31.11 Rules of Procedure for Panels 39
  • Article   31.12 Electronic Document Filing 39
  • Article   31.13 Function of Panels 39
  • Article   31.14 Third Party Participation 39
  • Article   31.15 Role of Experts 39
  • Article   31.16 Suspension or Termination of Proceedings 39
  • Article   31.17 Panel Report 39
  • Article   31.18 Implementation of Final Report 39
  • Article   31.19 Non-Implementation - Suspension of Benefits 39
  • Section   B Domestic Proceedings and Private Commercial Dispute Settlement 39
  • Article   31.20 Referrals of Matters from Judicial or Administrative Proceedings 39
  • Article   31.21 Private Rights 39
  • Article   31.22 Alternative Dispute Resolution 39
  • ANNEX 31-A  FACILITY-SPECIFIC RAPID RESPONSE LABOR MECHANISM 39
  • Article   31-A.1 Scope and Purpose 39
  • Article   31-A.2 Denial of Rights 39
  • Article   31-A.3 Lists of Rapid Response Labor Panelists 39
  • Article   31-A.4 Requests for Review and Remediation 40
  • Article   31-A.5 Requests for Establishment of Rapid Response Labor Panel 40
  • Article   31-A.6 Confirmation of Petition 40
  • Article   31-A.7 Verification 40
  • Article   31-A.8 Panel Process and Determination 40
  • Article   31-A.9 Consultations and Remediation 40
  • Article   31-A.10 Remedies 40
  • Article   31-A.11 Good Faith Use of the Mechanism 40
  • Article   31-A.12 Expansion of Claims 40
  • Article   31-A.13 Review of Priority Sectors 40
  • Article   31-A.14 Cooperation to Promote Compliance 40
  • Article   31-A.15 Definitions 40
  • ANNEX 31-B  CANADA-MEXICO FACILITY-SPECIFIC RAPID RESPONSE LABOR MECHANISM 40
  • Article   31-B.1 Scope and Purpose 40
  • Article   31-B.2 Denial of Rights 40
  • Article   31-B.3 Lists of Rapid Response Labor Panelists 40
  • Article   31-B.4 Requests for Review and Remediation 40
  • Article   31-B.5 Requests for Establishment of Rapid Response Labor Panel 40
  • Article   31-B.6 Confirmation of Petition 40
  • Article   31-B.7 Verification 40
  • Article   31-B.8 Panel Process and Determination 40
  • Article   31-B.9 Consultations and Remediation 40
  • Article   31-B.10 Remedies 40
  • Article   31-B.11 Good Faith Use of the Mechanism 40
  • Article   31-B.12 Expansion of Claims 40
  • Article   31-B.13 Review of Priority Sectors 40
  • Article   31-B.14 Cooperation to Promote Compliance 41
  • Article   31-B.15 Definitions 41
  • Chapter   32 EXCEPTIONS AND GENERAL PROVISIONS 41
  • Section   A Exceptions 41
  • Article   32.1 General Exceptions 41
  • Article   32.2 Essential Security 41
  • Article   32.3 Taxation Measures 41
  • Article   32.4 Temporary Safeguards Measures 41
  • Article   32.5 Indigenous Peoples Rights 41
  • Article   32.6 Cultural Industries 41
  • Section   B General Provisions 41
  • Article   32.7 Disclosure of Information 41
  • Article   32.8 Personal Information Protection  (8) 41
  • Article   32.9 Access to Information 41
  • Article   31.10 Non-Market Country FTA 41
  • Article   32.11 Specific Provision on Cross-Border Trade In Services, Investment, and State-Owned Enterprises and Designated Monopolies for Mexico 41
  • Article   32.12 Exclusion from Dispute Settlement 41
  • Chapter   33 MACROECONOMIC POLICIES AND EXCHANGE RATE MATTERS 41
  • Article   33.1 Definitions 41
  • Article   33.2 General Provisions 42
  • Article   33.3 Scope 42
  • Article   33.4 Exchange Rate Practices 42
  • Article   33.5 Transparency and Reporting 42
  • Article   33.6 Macroeconomic Committee 42
  • Article   33.7 Principal Representative Consultations 42
  • Article   33.8 Dispute Settlement 42
  • Chapter   34 FINAL PROVISIONS 42
  • Article   34.1 Transitional Provision from NAFTA 1994 42
  • Article   34.2 Annexes, Appendices, and Footnotes 42
  • Article   34.3 Amendments 42
  • Article   34.4 Amendment of the WTO Agreement 42
  • Article   34.5 Entry Into Force 42
  • Article   34.6 Withdrawal 42
  • Article   34.7 Review and Term Extension 42
  • Article   34.8 Authentic Texts 42
  • ANNEX I  EXPLANATORY NOTE 42
  • ANNEX I  SCHEDULE OF MEXICO 42
  • ANNEX I  SCHEDULE OF THE UNITED STATES 46
  • ANNEX I  SCHEDULE OF CANADA 47
  • ANNEX II  EXPLANATORY NOTE 49
  • ANNEX II  SCHEDULE OF MEXICO 49
  • ANNEX II  SCHEDULE OF THE UNITED STATES 50
  • APPENDIX II-A  United States 51
  • ANNEX II  SCHEDULE OF CANADA 51
  • APPENDIX I  Canada 52