United States - Mexico - Canada Agreement (USMCA) (2018)
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15. Each Party, when making a notification under Article 2.10 or Article 5.7 of the TBT Agreement, shall at the same time transmit electronically the notification and text of the technical regulation or conformity assessment procedure, or an online address where the text of the measure can be viewed, to the Parties' contact points referred to in Article 11.12 (Contact Points).

16. If a Party is notifying a proposed technical regulation or conformity assessment procedure to the WTO TBT Committee and the other Parties for the first time, (7) the Party shall notify it to the WTO TBT Committee and the other Parties as a regular notification. (8) Each Party shall endeavor to identify the scope of its proposed technical regulation or conformity assessment procedure in its notification by reference to the specific Harmonized System heading, subheading, or tariff item for the products that would be affected by the proposal.

17. If a Party is notifying a proposed technical regulation or conformity assessment procedure that is related to a measure that was previously notified, including because it is an revision, amendment, or replacement to the previously notified measure, the Party shall provide the WTO notification symbol for the previously notified measure. (9) Each Party shall endeavor to submit a revision to a notification if the notified measure has been substantially redrafted prior to its entry into force. If the Party files a revision or the circumstances in paragraph 18(e) arise, the Party shall endeavor to allow either a new or extended period of time for interested persons to submit comments to the Party.

18. Each Party shall submit an addendum to a notification it has previously made to the WTO TBT Committee and the Parties in any of the following circumstances:

(a) the period of time to submit comments on the proposed measure has changed;

(b) the notified measure has been adopted or otherwise entered into force;

(c) the compliance dates for the final measure have changed;

(d) the notified measure has been withdrawn, revoked, or replaced; (10)

(e) the content or scope of the notified measure is partially changed or amended;

(f) any interpretive guidance for a notified measure that has been issued; or

(g) the final text of the notified measure is published or adopted or otherwise enters into force.

19. Each Party shall endeavor to submit a corrigendum to a notification if it subsequently determines there are minor administrative or clerical errors in:

(a) a notification or subsequent related addendum or revision; or (b) the text of the notified measure.

20. If a Party obtains a translation of a measure notified to the WTO TBT Committee, whether official or unofficial, in an official WTO language other than the language of the notification, it shall endeavor to send the translation to the Parties' contact points referred to in Article 11.12 (Contact Points).

21. For the purposes of determining whether a proposed technical regulation or conformity assessment procedure may have a significant effect on trade and is subject to notification in accordance with Articles 2.9, 2.10, 3.2, 5.6, 5.7, or 7.2 of the TBT Agreement and this Chapter, a Party shall consider, among other things, the relevant guidance 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.

22. When a Party has adopted a technical regulation or conformity assessment procedure that may have a significant effect on trade, the Party shall promptly publish online:

(a) an explanation of how the technical regulation or conformity assessment procedure achieves the Party's objectives;

(b) a description of alternative approaches, if any, that the Party considered in developing the adopted technical regulation or conformity assessment procedure and the explanation of why it chose one approach over the others it considered;

(c) its views on any substantive issues raised in timely submitted comments on the y y proposed technical regulation or conformity assessment procedure;

(d) any impact assessment it has undertaken;

(e) if not addressed by an impact assessment, an explanation of the relationship between the regulation and the key evidence, data, and other information the regulatory authority considered in finalizing its work on the regulation; and

(f) the date by which compliance is required.

(5) Circumstances when discussions are not practicable include where the Party requesting discussions has failed to submit its comments in a timely manner or if discussions would need to take place after the deadline to submit written comments has passed.
(6) For greater certainty, a Party may comply with this obligation by ensuring that the proposed and final measures in this paragraph are published on, or otherwise accessible through, the official website of the WTO.
(7) The Parties shall follow the recommendation set forth in G/TBT/35, Coherent Use of Notification Formats.
(8) A notification is a document that is circulated by the WTO Secretariat, or submitted to the WTO Secretariat for the purposes of circulation, under the prefix "G/TBT/N."
(9) The Parties agree the appropriate place to make the identification is in field 8 of a document produced consistent with the Format and Guidelines for Notification Procedures for Draft Technical Regulations and Conformity Assessment Procedures.
(10) The Party shall provide the WTO document number identifying the notification of a measure that replaces or has been proposed as a replacement for a withdrawn or revoked measure.

Article 11.8. Compliance Period for Technical Regulations and Conformity Assessment Procedures

1. For the purposes of Articles 2.12 and 5.9 of the TBT Agreement, the term "reasonable interval" means normally a period of not less than six months, except when this would be ineffective in fulfilling the legitimate objectives pursued by the technical regulation or the conformity assessment procedure. (11)

2. If feasible and appropriate, each Party shall endeavor to provide an interval of more than six months between the publication of a final technical regulation or conformity assessment procedure and its entry into force.

3. In addition to paragraphs 1 and 2, in setting a "reasonable interval" for a specific technical regulation or conformity assessment procedure, each Party shall provide suppliers with a reasonable period of time, under the circumstances, to be able to demonstrate the conformity of their products with the relevant requirements of the technical regulation by the date of entry into force of the specific technical regulation or conformity assessment procedure. In doing so, each Party shall endeavor to take into account the resources available to suppliers.

(11) For greater certainty, a Party may decide to set an interval of less than six months between the publication of a measure and its entry into force in certain circumstances, including those where the measure is trade facilitative or is addressing an urgent problem of safety, health, environmental protection, or national security.

Article 11.9. Cooperation and Trade Facilitation

1. In addition to Articles 5, 6, and 9 of the TBT Agreement, the Parties acknowledge that a broad range of mechanisms (12) exists to facilitate the acceptance of conformity assessment results. In this regard, a Party shall give consideration to a request made by another Party with respect to any sector-specific proposal for cooperation including by, as appropriate:

(a) implementing mutual recognition of the results by conformity assessment bodies located in its territory and another Party's territory with respect to specific technical regulations;

(b) recognizing existing mutual and multilateral recognition arrangements between or among accreditation bodies or conformity assessment bodies;

(c) using accreditation to qualify conformity assessment bodies, particularly international systems of accreditation;

(d) designating conformity assessment bodies or recognise the other Party's designation of conformity assessment bodies;

(e) unilaterally recognizing the results of conformity assessment procedures performed in the other Party's territory; and

(f) accepting a supplier's declaration of conformity.

2. The Parties recognize that a broad range of mechanisms exist to support greater regulatory alignment and to eliminate unnecessary technical barriers to trade in the region, including:

(a) regulatory dialogue and cooperation to, among other things:

(i) exchange of information on regulatory approaches and practices,

(ii) promote the use of good regulatory practices to improve the efficiency and effectiveness of technical regulations, standards and conformity assessment procedures,

(iii) provide technical advice and assistance, on mutually agreed terms and conditions, to improve practices related to the development, implementation and review of technical regulations, standards, conformity assessment procedures and metrology, or

(iv) provide technical assistance and cooperation, on mutually agreed terms and conditions, to build capacity and support the implementation of this Chapter;

(b) facilitation of the greater use and alignment of standards, technical regulations, and conformity assessment procedures with relevant international standards, guides, and recommendations; and

(c) promotion of the acceptance of technical regulations of the other Party as equivalent.

3. In addition to subparagraph (c), the Parties shall work to develop common standards and conformity assessment procedures in sectors of mutual interest. The Parties shall determine the scope of this work through the Committee on Technical Barriers to Trade established under Article 11.11 (Committee on Technical Barriers to Trade).

4. The Parties shall strengthen their exchange and collaboration on mechanisms to facilitate the acceptance of conformity assessment results, to support greater regulatory alignment and to eliminate unnecessary technical barriers to trade in the region. To this end, the Parties shall seek to identify, develop, and promote trade-facilitating initiatives regarding standards, technical regulations, and conformity assessment procedures that address particular cross-cutting or sector-specific issues.

5. The Parties shall encourage cooperation between their respective organizations responsible for standardization, conformity assessment, accreditation and metrology, whether they are public or private, with a view to facilitate trade.

(12) With respect to the mechanisms listed in paragraphs 1 and 2, the Parties recognize that the choice of the appropriate mechanism in a given regulatory context depends on a variety of factors, such as the product and sector involved, the volume and direction of trade, the relationship between Parties' respective regulators, the legitimate objectives pursued and the risks of non-fulfilment of those objectives.

Article 11.10. Information Exchange and Technical Discussions

1. The Parties recognize that technical discussions and information exchange can serve an important function in reaching mutually satisfactory solutions to trade concerns by promoting cooperation and consultation informed by relevant technical and scientific information. Accordingly, with respect to a matter that arises under this Chapter, a Party may request that another Party:

(a) engage in technical discussions concerning the matter; or

(b) provide information regarding any proposed or final technical regulation or conformity assessment procedure that relates to the matter.

2. The Party making the request shall do so in writing and identify: (a) the matter, including those provisions of the Chapter to which the matter relates;

(b) the reasons for the request, including any concerns with a proposed or final measure;

(c) whether the matter is urgent; and (d) if applicable, the precise information that is being requested.

The Party making the request shall transmit it to the Parties through their respective contact points designated pursuant to Article 30.5 (Agreement Coordinator and Contact Points).

3. With respect to a request made under paragraph 1 (a), the requesting Party and the requested Party shall discuss the matter identified within 60 days after the date the request was transmitted to the contact point, unless the request identified the matter as urgent, in which case the Parties shall endeavor to hold the technical discussions sooner. The requested Party, at its discretion, may decide to allow another Party to participate in the technical discussions. With respect to a request made under paragraph 1(b), the Party receiving the request shall provide appropriate information within a reasonable period of time. The Parties shall attempt to obtain satisfactory resolution of the matter.

4. Unless the Parties decide otherwise, any discussions or information exchanged under this Article, other than the request referenced in paragraphs 1 and 2, shall be kept confidential and is without prejudice to the Parties' rights and obligations under the Agreement, the WTO Agreement or any other agreement to which the requesting and requested Parties are party.

Article 11.11. Committee on Technical Barriers to Trade

1. The Parties hereby establish a Committee on Technical Barriers to Trade (TBT Committee), composed of government representatives of each Party.

2. Through the TBT Committee, the Parties shall strengthen their joint work in the fields of technical regulations, standards, and conformity assessment procedures with a view to facilitating trade between the Parties.

3. The TBT Committee's functions include:

(a) monitoring and identifying ways to strengthen the implementation and operation of this Chapter, and identifying any potential amendments to or interpretations of this Chapter for referral to the Commission;

(b) as appropriate, discussing proposed and final versions of standards, technical regulations, or conformity assessment procedures of any Party;

(c) monitoring any technical discussions on matters that arise under this Chapter requested pursuant to paragraph 2 of Article 11.10 (Information Exchange and Technical Discussions);

(d) reaching an agreement on priority areas of mutual interest for future work under this Chapter and considering proposals for new sector-specific initiatives or other initiatives;

(e) encouraging cooperation between the Parties in matters that pertain to this Chapter, including the development, review, or modification of technical regulations, standard, and conformity assessment procedures;

(f) encouraging cooperation between non-governmental bodies in the Parties' territories, as well as cooperation between governmental and non-governmental bodies in the Parties' territories in matters that pertains to this Chapter;

(g) facilitating the identification of technical capacity needs;

(h) encouraging the exchange of information between the Parties and their relevant non-governmental bodies, if appropriate, to develop common approaches regarding matters under discussion in non-governmental, regional, plurilateral, and multilateral bodies or international conformity assessment systems or standards development relevant to this Chapter; including the WTO TBT Committee and bodies that develop standards in accordance with the TBT Committee Decision on International Standards, as appropriate;

(i) encouraging, on request of a Party, the exchange of information between the Parties regarding specific technical regulations, standards, and conformity assessment procedures of non-Parties as well as systemic issues, with a view to fostering a common approach;

(j) undertaking initiatives to support greater regulatory alignment in the region, including through the development of common standards or conformity assessment procedures, in sectors of mutual interest;

(k) reporting to the Commission on the implementation and operation of this Chapter;

(l) reviewing this Chapter in light of any developments under the TBT Agreement, and developing recommendations for amendments to this Chapter in light of those developments;

(m) engaging, as appropriate, with the public to participate in the work of the TBT Committee, for example by requesting and considering comments on matters related to the implementation of this Chapter; and

(n) taking any other steps that the Parties consider will assist them in implementing this Chapter.

4. Unless the Parties decide otherwise, the TBT Committee shall meet at least once a year.

5. The TBT Committee may establish and determine the scope and mandate of working groups to carry out its functions, and may invite, as appropriate, representatives of non- governmental entities to participate in a working group.

6. To determine what activities the TBT Committee will undertake, the TBT Committee shall consider work that is being undertaken in other fora, with a view to ensuring that any activities undertaken by the TBT Committee do not unnecessarily duplicate that work.

Article 11.12. Contact Points

1. Each Party shall designate a contact point and notify it to the other Parties for matters arising under this Chapter in accordance with Article 30.5 (Agreement Coordinator and Contact Points). A Party shall promptly notify the other Parties of any change of its contact point or the details of the relevant officials.

2. The functions of each contact point shall include:

(a) communicating with the other Parties' contact points, including facilitating discussions, requests and the timely exchange of information on matters arising under this Chapter;

(b) communicating with and coordinating the involvement of relevant government agencies, including regulatory authorities, in the territory of the Party it represents on relevant matters pertaining to this Chapter;

(c) consulting and, if appropriate, coordinating with interested persons in the territory of the Party it represents on relevant matters pertaining to this Chapter; and

(d) carrying out any additional responsibilities specified by the TBT Committee.

Chapter 12. SECTORAL ANNEXES

Article 12.1. Sectoral Annexes

1. In addition to other applicable provisions of this Agreement, this Chapter contains provisions with respect to chemical substances, cosmetic products, information and communication technology, energy performance standards, medical devices, and pharmaceuticals, as defined therein.

2. The rights and obligations set out in each annex to this Chapter shall apply only with respect to the sector specified in that annex, and shall not affect any Party's rights or obligations under any other annex to this Chapter.

ANNEX 12-C. INFORMATION AND COMMUNICATION TECHNOLOGY

Article 12.C.1. Definitions

For the purposes of this Annex:

cipher or cryptographic algorithm means a mathematical procedure or formula for combining a key with plaintext to create a ciphertext;

cryptography means the principles, means or methods for the transformation of data in order to conceal or disguise its content, prevent its undetected modification, or prevent its unauthorized use; and is limited to the transformation of information using one or more secret parameters, for example, crypto variables, or associated key management;

electromagnetic compatibility means the ability of a system or equipment to function satisfactorily in its electromagnetic environment without introducing intolerable electromagnetic disturbances with respect to any other device or system in that environment;

electronic labeling means the electronic display of information, including required compliance information;

encryption means the conversion of data (plaintext) through the use of a cryptographic algorithm into a form that cannot be easily understood without subsequent re-conversion (ciphertext) and the appropriate cryptographic key;

information and communication technology good (ICT good) means a product whose intended function is information processing and communication by electronic means, including transmission and display, or electronic processing applied to determine or record physical phenomena, or to control physical processes;

information technology equipment product (ITE product) means a device, system, or component thereof for which the primary function is the entry, storage, display, retrieval, transmission, processing, switching, or control (or combinations thereof) of data or telecommunication messages by means other than radio transmission or reception;

key means a parameter used in conjunction with a cryptographic algorithm that determines its operation in such a way that an entity with knowledge of the key can reproduce or reverse the operation, while an entity without knowledge of the key cannot;

supplier's declaration of conformity means an attestation by a supplier that a product meets a specified standard or technical regulation based on an evaluation of the results of conformity assessment procedures; and

terminal equipment means a digital or analog device capable of processing, receiving, switching, signaling, or transmitting signals by electromagnetic means and that is connected by radio or wire to a public telecommunications transport network at a termination point.

Article 12.C.2. ICT Goods That Use Cryptography

1. This Article applies to ICT goods that use cryptography. (6) This Article does not apply to:

(a) a Party's law enforcement authorities requiring service suppliers using encryption they control to provide unencrypted communications pursuant to that Party's legal procedures;

(b) the regulation of financial instruments;

(c) a requirement that a Party adopts or maintains relating to access to networks, including user devices, that are owned or controlled by the government of that Party, including those of central banks;

(d) a measure taken by a Party pursuant to supervisory, investigatory, or examination authority relating to financial institutions or financial markets; or

(e) the manufacture, sale, distribution, import, or use of the good by or for the government of the Party.

2. With respect to an ICT good that uses cryptography and is designed for commercial applications, no Party shall require a manufacturer or supplier of the good, as a condition of the manufacture, sale, distribution, import, or use of the good, to:

(a) transfer or provide access to any proprietary information relating to cryptography, including by disclosing a particular technology or production process or other information, for example, a private key or other secret parameter, algorithm specification, or other design detail, to the Party or a person in the Party's territory;

(b) partner or otherwise cooperate with a person in its territory in the development, manufacture, sale, distribution, import, or use of the product; or

(c) use or integrate a particular cryptographic algorithm or cipher.

(6) For greater certainty, for the purposes of this Annex, an ICT good does not include a financial instrument.

Article 12.C.3. Electromagnetic Compatibility of ITE Products

1. This Article applies to requirements regarding the electromagnetic compatibility of ITE products.

2. This Article does not apply to a product:

(a) that a Party regulates as a medical device, a medical device system, or a component of a medical device or medical device system; or

(b) for which the Party demonstrates that there is a high risk that the product will cause harmful electromagnetic interference with a safety or radio transmission or reception device or system.

3. If a Party requires positive assurance that an ITE product meets a standard or technical regulation for electromagnetic compatibility, it shall accept a supplier's declaration of conformity, (7) provided that the declaration satisfies the Party's requirements regarding testing, such as testing by an accredited laboratory, in support of a supplier's declaration of conformity, registration of the supplier's declaration of conformity, or the submission of evidence necessary to support the supplier's declaration of conformity.

(7) For greater certainty, this paragraph does not apply to requirements a Party has adopted for certification by a conformity assessment body.

Article 12.C.4. Regional Cooperation Activities on Telecommunications Equipment

1. This Article applies to telecommunications equipment.

2. The Parties are encouraged to implement the APEC Mutual Recognition Arrangement for Conformity Assessment of Telecommunications Equipment of May 8, 1998 (MRA-TEL) and, with respect to each other, the APEC Mutual Recognition Arrangement for Equivalence of Technical Requirements of October 31, 2010 (MRA-ETR), and to consider other arrangements to facilitate trade in telecommunications equipment.

3. In accordance with the Mutual Recognition Agreement between the Government of the United States and the Government of the United Mexican States for the Conformity Assessment of Telecommunications Equipment, done on May 26, 2011 at Paris, France the United States and Mexico shall accept test reports provided by a recognized testing laboratory designated by the other Party under terms and conditions no less favorable than those it accords to test reports produced by testing laboratories in its territory, and without regard to the nationality of the supplier or manufacturer of the telecommunications equipment, or the country of origin of the equipment for which a test report has been produced.

4. In accordance with the Mutual Recognition Agreement between the Government of Canada and the Government of the United Mexican States for the Conformity Assessment of Telecommunications Equipment, done at Honolulu on 12 November 2011, Canada and Mexico shall accept test reports provided by a recognized testing laboratory designated by the other Party under terms and conditions no less favorable than those it accords to test reports produced by testing laboratories in its territory, and without regard to the nationality of the supplier or manufacturer of the telecommunications equipment, or the country of origin of the equipment for which a test report has been produced.

5. If a Party requires equipment subject to electromagnetic compatibility and radio frequency requirements to include a label containing compliance information about the equipment, it shall permit this information to be provided through an electronic label. The Parties shall exchange information, as appropriate, about their respective electronic labeling requirements with a view to facilitate compatible approaches to electronic labeling.

Article 12.C.5. Terminal Equipment

1. This Article applies to terminal equipment.

2. Each Party shall ensure that its technical regulations, standards, and conformity assessment procedures relating to the attachment of terminal equipment to the public telecommunications networks, including those measures relating to the use of testing and measuring equipment for conformity assessment procedures, are adopted or maintained only to the extent necessary to:

(a) prevent damage to public telecommunications networks;

(b) prevent degradation of public telecommunications services;

(c) prevent electromagnetic interference, and ensure compatibility, with other uses of the electromagnetic spectrum;

(d) prevent billing equipment malfunction; or

(e) ensure safety of and access to public telecommunications or services, including for the hearing impaired or other disabled persons.

3. Each Party shall ensure that the network termination points for its public telecommunications networks are established on a reasonable and transparent basis.

4. Each Party shall permit any recognized (5) conformity assessment body to perform the testing required under the Party's conformity assessment procedures for terminal equipment to be attached to the public telecommunications network, subject to the Party’s right to review the accuracy and completeness of the test results.

(5) "Recognized" means recognized pursuant to an act by a regulatory authority under which a conformity assessment body is approved to perform conformity assessment.

Chapter 13. GOVERNMENT PROCUREMENT

Article 13.1. Definitions

For the purposes of this Chapter:

build-operate-transfer contract and public works concession contract means a contractual arrangement the primary purpose of which is to provide for the construction or rehabilitation of physical infrastructure, plants, buildings, facilities, or other government-owned works and under which, as consideration for a supplier's execution of a contractual arrangement, a procuring entity grants to the supplier, for a specified period of time, temporary ownership or a right to control and operate, and demand payment for the use of those works for the duration of the contract;

commercial goods or services means goods or services of a type generally sold or offered for sale in the commercial marketplace to, and customarily purchased by, non-governmental buyers for non-governmental purposes;

construction service means a service that has as its objective the realization by whatever means of civil or building works, based on Division 51 of the United Nations Provisional Central Product Classification (CPC);

  • 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