United States - Mexico - Canada Agreement (USMCA) (2018)
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(b) its relevant authorities, private sector, non-governmental organizations, and other interested persons involved in the development of criteria used to evaluate environmental performance, with respect to these voluntary mechanisms, to continue to develop and improve such criteria.

3. Further, if private sector entities or non-governmental organizations develop voluntary mechanisms for the promotion of products based on their environmental qualities, each Party should encourage those entities and organizations to develop voluntary mechanisms that, among other things:

(a) are truthful, are not misleading, and take into account relevant scientific and technical information;

(b) are based on relevant international standards, recommendations, guidelines, or best practices, as appropriate;

(c) promote competition and innovation; and

(d) do not treat a product less favorably on the basis of origin.

Article 24.15. Trade and Biodiversity

1. The Parties recognize the importance of conservation and sustainable use of biological diversity, as well as the ecosystem services it provides, and their key role in achieving sustainable development.

2. Accordingly, each Party shall promote and encourage the conservation and sustainable use of biological diversity, in accordance with its law or policy.

3. The Parties recognize the importance of respecting, preserving, and maintaining knowledge and practices of indigenous peoples and local communities embodying traditional lifestyles that contribute to the conservation and sustainable use of biological diversity.

4. The Parties recognize the importance of facilitating access to genetic resources within their respective national jurisdictions, consistent with each Party's international obligations. The Parties further recognize that some Parties may require, through national measures, prior informed consent to access such genetic resources in accordance with national measures and, if access is granted, the establishment of mutually agreed terms, including with respect to sharing of benefits from the use of such genetic resources, between users and providers.

5. The Parties also recognize the importance of public participation and consultation, in accordance with their respective law or policy, in the development and implementation of measures concerning the conservation and sustainable use of biological diversity. Each Party shall make publicly available information about its programs and activities, including cooperative programs, related to the conservation and sustainable use of biological diversity.

6. Consistent with Article 24.25 (Environmental Cooperation), the Parties shall cooperate to address matters of mutual interest. Cooperation may include exchanging information and experiences in areas related to:

(a) the conservation and sustainable use of biological diversity;

(b) mainstreaming conservation and sustainable use of biological diversity across relevant sectors;

(c) the protection and maintenance of ecosystems and ecosystem services; and

(d) access to genetic resources and the sharing of benefits arising from their utilization.

Article 24.16. Invasive Alien Species

1. The Parties recognize that the movement of terrestrial and aquatic invasive alien species across borders through trade-related pathways can adversely affect the environment, economic activities and development, and human health. The Parties also recognize that the prevention, detection, control and, when possible, eradication, of invasive alien species are critical strategies for managing those adverse impacts.

2. Accordingly, the Environment Committee established under Article 24.26.2 (Environment Committee and Contact Points) shall coordinate with the Committee on Sanitary and Phytosanitary Measures established under Article 9.17 (Committee on Sanitary and Phytosanitary Measures) to identify cooperative opportunities to share information and management experiences on the movement, prevention, detection, control, and eradication of invasive alien species, with a view to enhancing efforts to assess and address the risks and adverse impacts of invasive alien species.

Article 24.17. Marine Wild Capture Fisheries™  (17)

1. The Parties acknowledge their role as major consumers, producers, and traders of fisheries products and the importance of the marine fisheries sectors to their development and to the livelihoods of fishing communities, including those engaged in artisanal, small scale, and indigenous fisheries. The Parties also recognize the need for individual and collective action within international fora to address the urgent resource problems resulting from overfishing and unsustainable utilization of fisheries resources.

2. Accordingly, the Parties recognize the importance of taking measures aimed at the conservation and the sustainable management of fisheries and the contribution of those measures to providing environmental, economic and social opportunities for present and future generations. The Parties also recognize the importance of promoting and facilitating trade in sustainably managed and legally harvested fish and fish products, while ensuring that trade in these products is not subject to unnecessary or unjustifiable barriers to trade, given the negative effect that such barriers can have on the well-being of their communities who depend upon the fishing industry for their livelihood.

3. If an importing Party is considering adopting trade restrictive measures for fish or fish products in order to protect or conserve fish or other marine species, the Parties recognize the importance that these measures be: (18)

(a) based on the best scientific evidence available, as applicable, that establish a connection between the products affected by the measure and the species being protected or conserved;

(b) tailored to the conservation objective; and

(c) implemented after the importing Party has:

(i) consulted with the exporting Party, in an effort to resolve the issue cooperatively; and

(ii) provided a reasonable opportunity for the exporting Party to take appropriate measures to address the issue.

4. The Parties shall cooperate with, and, if appropriate, in, Regional Fisheries Management Organizations (RFMOs) and Regional Fisheries Management Arrangements (RFMAs), in which the Parties are members, observers, or cooperating non-contracting parties, with the aim of achieving good governance, including by advocating for science-based decisions and compliance with those decisions in these organizations and arrangements.

(17) For greater certainty, Article 24.17 (Marine Wild Capture Fisheries), Article 24.18 (Sustainable Fisheries Management), Article 24.19 (Conservation of Marine Species), Article 24.20 (Fisheries Subsidies), and Article 24,21 (illegal, Unreported, and Unregulated (UU) Fishing) do not apply with respect to aquaculture.
(18) For greater certainty, this paragraph is without prejudice to any rights or obligations of the Parties relating to the adoption or application of trade restrictive measures for fish and fish products.

Article 24.18. Sustainable Fisheries Management

1. In furtherance of the objectives of conservation and sustainable management, each Party shall seek to operate a fisheries management system that regulates marine wild capture fishing and that is designed to:

(a) prevent overfishing and overcapacity through appropriate measures, such as limited entry, time, area, and other restrictions, and the setting and enforcement of catch or effort limits;

(b) reduce bycatch of non-target species and juveniles, including through the regulation of, and implementation of measures associated with, fishing gear and methods that result in bycatch and the regulation of fishing in areas where bycatch is likely to occur;

(c) promote the recovery of overfished stocks for all marine fisheries in which that Party's persons conduct fishing activities; and

(d) protect marine habitat by cooperating, as appropriate, to prevent or mitigate significant adverse impacts from fishing.

2. Further, each Party shall adopt or maintain measures:

(a) to prevent the use of poisons and explosives for the purpose of commercial fish harvesting; and

(b) designed to prohibit the practice of shark finning.

3. Each Party shall base its fisheries management system on the best scientific evidence available and on internationally recognized best practices for fisheries management and conservation as reflected in the relevant provisions of international instruments aimed at ensuring the sustainable use and conservation of marine species. (19)

(19) These instruments include, as they may apply, the United Nations Convention on Law of the Sea (UNCLOS), done at Montego Bay, December 10, 1982; the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, done at New York, December 4, 1995 (UN Fish Stocks Agreement); the FAO Code of Conduct for Responsible Fisheries; the 1993 FAO Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (Compliance Agreement), done at Rome, November 24, 1993; the 2001 FAO International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported, and Unregulated Fishing (UU IPOA), adopted at Rome, February 23, 2001; and the 2009 Agreement on Port State Measures to Prevent, Deter, and Eliminate IUU Fishing (Port State Measures Agreement), done at Rome, November 22, 2009.

Article 24.19. Conservation of Marine Species

1. Each Party shall promote the long-term conservation of sharks, sea turtles, seabirds, and marine mammals through the implementation and effective enforcement of conservation and management measures. Such measures shall include:

(a) studies and assessments of the impact of fisheries operations on non-target species and their marine habitats, including through collection of species-specific data for non-target species and estimates of their bycatch, as appropriate;

(b) gear-specific studies and data collection on impacts on non-target species and on the efficacy of management measures to reduce those adverse impacts, as appropriate;

(c) measures to avoid, mitigate, or reduce bycatch of non-target species in fisheries, including appropriate measures pertaining to the use of bycatch mitigation devices, modified gear, or other techniques to reduce the impact of fishing operations on these species; and

(d) cooperation on national and regional bycatch reduction measures, such as measures applicable to commercial fisheries pertaining to transboundary stocks of non-target species.

2. Each Party shall prohibit the killing of great whales (20) for commercial purposes unless authorized in a multilateral treaty to which the Party is a party. (21)

(20) Great whales are the following 16 species: Balaena mysticetus, Eubalaena glacialis, Eubalaena japonica, Eubalaena australis, Eschrichtius robustus, Balaenoptera musculus, Balaenoptera physalus, Balaenoptera borealis, Balaenoptera edeni, Balaenoptera acutorostrata, Balaenoptera bonaerensis, Balaenoptera omurai, Megaptera novaeangliae, Caperea marginata, Physeter macrocephalus, and Hyperoodon ampullatus.
(21) For greater certainty, the Parties understand that paragraph 2 does not apply to whaling by indigenous peoples in accordance with a Party's law, including for Canada the legal obligations recognized and affirmed by section 35 of the Constitution Act, 1982 or those set out in self-government agreements between a central or regional level of government and indigenous peoples.

Article 24.20. Fisheries Subsidies

1. The Parties recognize that the implementation of a fisheries management system that is designed to prevent overfishing and overcapacity and to promote the recovery of overfished stocks must include the control, reduction, and eventual elimination of all subsidies that contribute to overfishing and overcapacity. To that end, no Party shall grant or maintain any of the following subsidies (22) within the meaning of Article 1.1 of the SCM Agreement that are specific within the meaning of Article 2 of the SCM Agreement:

(a) subsidies provided to a fishing vessel (23) or operator (24) while listed for TUU fishing (25) by the flag State, the subsidizing Party, or a relevant RFMO or RFMA in accordance with the rules and procedures of that organization or arrangement and in conformity with international law; and

(b) subsidies for fishing (26) that negatively affect (27) fish stocks that are in an overfished (28) condition.

2. Subsidy programs that are established by a Party before the date of entry into force of this Agreement and are subsidies referred to in paragraph 1(b) shall be brought into conformity with paragraph 1 as soon as possible and no later than three years after the date of entry into force of this Agreement.

3. In relation to subsidies that are not prohibited by paragraph 1, and taking into consideration a Party's social and developmental priorities, each Party shall make best efforts to refrain from introducing new, or extending or enhancing existing, subsidies within the meaning of Article 1.1 of the SCM Agreement, to the extent they are specific within the meaning of Article 2 of the SCM Agreement, that contribute to overfishing or overcapacity.

4. With a view to achieving the objective of eliminating subsidies that contribute to overfishing and overcapacity, the Parties shall review the disciplines in paragraph 1 at regular meetings of the Environment Committee.

5. Each Party shall notify the other Parties, within one year of the date of entry into force of this Agreement and every two years thereafter, of any subsidy within the meaning of Article 1.1 of the SCM Agreement that is specific within the meaning of Article 2 of the SCM Agreement, that the Party grants or maintains to persons engaged in fishing or fishing related activities.

6. These notifications shall cover subsidies provided within the previous two-year period and shall include the information required under Article 25.3 of the SCM Agreement and, to the extent possible, the following information: (29)

(a) program name;

(b) legal authority for the program;

(c) catch data by species in the fishery for which the subsidy is provided;

(d) status, whether overfished, fully fished, or underfished, of the fish stocks in the fishery for which the subsidy is provided;

(e) fleet capacity in the fishery for which the subsidy is provided;

(f) conservation and management measures in place for the relevant fish stock; and

(g) total imports and exports per species.

7. Each Party shall also provide, to the extent possible, information in relation to other subsidies that the Party grants or maintains to persons engaged in fishing or fishing related activities that are not covered by paragraph 1, in particular fuel subsidies.

8. A Party may request additional information from the notifying Party regarding the notifications provided under paragraphs 5 and 6. The notifying Party shall respond to that request as quickly as possible and in a comprehensive manner.

9. Each Party shall notify the other Parties on an annual basis of any list of vessels and operators identified as having engaged in IUU fishing.

10. The Parties shall work in the WTO towards strengthening international rules on the provision of subsidies to the fisheries sector and enhancing transparency of fisheries subsidies.

(22) For the purposes of this Article, a subsidy shall be attributable to the Party granting or maintaining it, regardless of the flag of the vessel involved or the application of rules of origin to the fish involved.
(23) The term "fishing vessel" refers to any vessel, ship, or other type of boat used for, equipped to be used for, or intended to be used for fishing or fishing related activities.
(24) The term "operator" means the owner of the vessel, or any person onboard, who is in charge of or directs or controls the vessel at the time of the IUU infraction. For greater certainty, the prohibition on the provision of subsidies to operators engaged in IUU fishing applies only to subsidies for fishing or fishing related activities.
(25) "Legal, unreported, and unregulated fishing" is to be understood to have the same meaning as paragraph 3 of the IUU IPOA.
(26) For the purposes of this Article, "fishing" means searching for, attracting, locating, catching, taking, or harvesting fish, or any activity which can reasonably be expected to result in the attracting, locating, catching, taking, or harvesting of fish.
(27) The negative effect of such subsidies shall be determined based on the best scientific evidence available.
(28) For the purposes of this Article, a fish stock is overfished if the stock is at such a low level that mortality from fishing needs to be restricted to allow the stock to rebuild to a level that produces maximum sustainable yield or alternative reference points based on the best scientific evidence available. Fish stocks that are recognized as overfished by the national jurisdiction where the fishing is taking place or by a relevant RFMO or RFMA shall also be considered overfished for the purposes of this Article.
(29) Sharing information and data on existing fisheries subsidy programs does not prejudge their legal status, effects, or nature under the GATT 1994 or the SCM Agreement and is intended to complement WTO data reporting requirements.

Article 24.21. Ilegal, Unreported, and Unregulated (IUU) Fishing

1. The Parties recognize the importance of concerted international action to address IUU fishing as reflected in regional and international instruments (30) and shall endeavor to improve cooperation internationally in this regard, including with and through competent international organizations.

2. In support of international efforts to combat TUU fishing and to help deter trade in products from IUU fishing, each Party shall:

(a) implement port state measures, including through actions consistent with the Port State Measures Agreement; (31)

(b) support monitoring, control, surveillance, compliance, and enforcement schemes, including by adopting, maintaining, reviewing, or revising, as appropriate, measures to:

(i) deter vessels flying its flag and, to the extent provided for in each Party's law, its nationals, from engaging in IUU fishing; and

(ii) address the transshipment at sea of fish caught through IUU fishing or fish products derived from IUU fishing.

(c) maintain a vessel documentation scheme and promote the use of International Maritime Organization numbers, or comparable unique vessel identifiers, as appropriate, for vessels operating outside of its national jurisdiction, in order to enhance transparency of fleets and traceability of fishing vessels;

(d) strive to act consistently with relevant conservation and management measures adopted by RFMOs or RFMAs of which it is not a party so as not to undermine those measures;

(e) endeavor not to undermine catch or trade documentation schemes operated by RFMOs or RFMAs;

(f) develop and maintain publicly available and easily accessible registry data of fishing vessels flying its flag; promote efforts by non-Parties to develop and maintain publicly available and easily accessible registry data of such vessels flying its flag; and support efforts to complete a Global Record of Fishing Vessels, Refrigerated Transport Vessels, and Supply Vessels; and

(g) cooperate with other Parties through the exchange of information and best ptactices to combat trade in products derived from IUU fishing.

3. Consistent with Article 28.9 (Transparent Development of Regulations), a Party shall, to the extent possible, provide the other Parties the opportunity to comment on proposed measures that are designed to prevent trade in fisheries products derived from IUU fishing.

(30) Regional and international instruments include, among others, and as they may apply, the IUU IPOA, the 2005 Rome Declaration on IUU Fishing, adopted at Rome, March 12, 2005, the Port State Measures Agreement, as well as instruments established and adopted by RFMOs and RFMAs, as appropriate, that have the competence to establish conservation and management measures.
(31) For greater certainty, this paragraph is without prejudice to a Party's status under the 2009 Port State Measures Agreement.

Article 24. Conservation and Trade

1. The Parties affirm the importance of combatting the illegal take (32) of, and illegal trade in, wild fauna and flora, and acknowledge that this trade undermines efforts to conserve and sustainably manage those natural resources, has social consequences, distorts legal trade in wild fauna and flora, and reduces the economic and environmental value of these natural resources.

2. The Parties commit to promote conservation and to combat the illegal take of, and illegal trade in, wild fauna and flora. To that end, the Parties shall:

(a) exchange information and experiences on issues of mutual interest related to combatting the illegal take of, and illegal trade in, wild fauna and flora, including combatting illegal logging and associated illegal trade, and promoting the legal trade in associated products;

(b) undertake, as appropriate, joint activities on conservation issues of mutual interest, including through relevant regional and international fora; and

(c) endeavor to implement, as appropriate, CITES resolutions that aim to protect and conserve species whose survival is threatened by international trade.

3. Each Party further commits to:

(a) take appropriate measures to protect and conserve wild fauna and flora that it has identified to be at risk within its territory, including measures to conserve the ecological integrity of specially protected natural areas, for example grasslands and wetlands;

(b) maintain or strengthen government capacity and institutional frameworks to promote the conservation of wild fauna and flora, and endeavor to enhance public participation and transparency in these institutional frameworks; and

(c) endeavor to develop and strengthen cooperation and consultation with interested non-governmental entities and other stakeholders in order to enhance implementation of measures to combat the illegal take of, and illegal trade in, wild fauna and flora.

4. In a further effort to address the illegal take of, and illegal trade in, wild fauna and flora, including parts and products thereof, each Party shall take measures to combat, and cooperate to prevent, the trade of wild fauna and flora that, based on credible evidence, (33) were taken or traded in violation of that Party's law or another applicable law, (34) the primary purpose of which is to conserve, protect, or manage wild fauna or flora. These measures shall include sanctions, penalties, or other effective measures, including administrative measures, that can act as a deterrent to such trade. In addition, each Party shall endeavor to take measures to combat the trade of wild fauna and flora transhipped through its territory that, based on credible evidence, were illegally taken or traded.

5. The Parties recognize that each Party retains the right to exercise administrative, investigatory, and enforcement discretion in its implementation of paragraph 5, including by taking into account in relation to each situation the strength of the available evidence and the seriousness of the suspected violation. In addition, the Parties recognize that in implementing paragraph 5, each Party retains the right to make decisions regarding the allocation of administrative, investigatory, and enforcement resources.

6. Further, each Party shall:

(a) take measures to enhance the effectiveness of inspections of shipments containing wild fauna and flora, including parts and products thereof, at ports of entry, such as improving targeting; and

(b) treat intentional transnational trafficking of wildlife protected under its laws, (35) as a serious crime as defined in the United Nations Convention on Transnational Organized Crime. (36)

7. In order to promote the widest measure of law enforcement cooperation and information sharing between the Parties to combat the illegal take of, and illegal trade in, wild fauna and flora, the Parties shall endeavor to identify opportunities, consistent with their respective law and in accordance with applicable international agreements, to enhance law enforcement cooperation and information sharing, for example by enhancing participation in law enforcement networks, and, as appropriate, establishing new networks with the objective of developing a strong and effective worldwide network.

(32) For the purposes of this Article, the term "take" means captured, killed, or collected and with respect to a plant, also means harvested, cut, logged or removed.
(33) For greater certainty, for the purposes of this paragraph, each Party retains the right to determine what constitutes "credible evidence".
(34) For greater certainty, "another applicable law" means a law of the jurisdiction where the take or trade occurred and is only relevant to the question of whether the wild fauna and flora has been taken or traded in violation of that law.
(35) For greater certainty, the term "wildlife" is understood to include all species of wild fauna and flora, including animals, timber, and marine species, and their related parts and products. Further, for purposes of this Article, the term "protected" means a CITES-listed species or a species that is listed under a Party's law as endangered, as threatened, or as being at risk within its territory.
(36) The term "serious crime" is to be understood to have the same meaning as paragraph 2(b) of the United Nations Convention on Transnational Organized Crime, done at New York, on November 15, 2000.

Article 24.23. Sustainable Forest Management and Trade

1. The Parties acknowledge their role as major consumers, producers, and traders of forest products and the importance of a healthy forest sector to provide livelihoods and job opportunities, including for indigenous peoples.

2. The Parties acknowledge the importance of:

(a) the conservation and sustainable management of forests for providing environmental economic, and social benefits for present and future generations;

(b) the critical role of forests in providing numerous ecosystem services, including carbon storage, maintaining water quantity and quality, stabilizing soils, and providing habitat for wild fauna and flora; and

(c) combatting illegal logging and associated trade.

3. The Parties recognize that forest products, when sourced from sustainably managed forests, contribute to fulfilling global environmental objectives, including sustainable development, conservation and sustainable use of resources, and green growth.

4. Accordingly, each Party commits to:

(a) maintain or strengthen government capacity and institutional frameworks to promote sustainable forest management; and

(b) promote trade in legally harvested forest products.

5. The Parties shall exchange information and cooperate, as appropriate, on initiatives to promote sustainable forest management, including initiatives designed to combat illegal logging and associated trade.

Article 24.24. Environmental Goods and Services

1. The Parties recognize the importance of trade and investment in environmental goods and services, including clean technologies, as a means of improving environmental and economic performance, contributing to green growth and jobs, and encouraging sustainable development, while addressing global environmental challenges.

2. Accordingly, the Parties shall strive to facilitate and promote trade and investment in environmental goods and services.

3. The Environment Committee shall consider issues identified by a Party related to trade in environmental goods and services, including issues identified as potential non-tariff barriers to that trade. The Parties shall endeavor to address any potential barriers to trade in environmental goods and services that may be identified by a Party, including by working through the Environment Committee and in conjunction with other relevant committees established under this Agreement, as appropriate.

4. The Parties shall cooperate in international fora on ways to further facilitate and liberalize global trade in environmental goods and services, and may develop cooperative projects on environmental goods and services to address current and future global environmental challenges.

Article 24.25. Environmental Cooperation

1. The Parties recognize the importance of cooperation as a mechanism to implement this Chapter, to enhance its benefits, and to strengthen the Parties' joint and individual capacities to protect the environment, and to promote sustainable development as they strengthen their trade and investment relations.

2. The Parties are committed to expanding their cooperative relationship on environmental matters, recognizing it will help them achieve their shared environmental goals and objectives, including the development and improvement of environmental protection, practices, and technologies.

3. The Parties are committed to undertaking cooperative environmental activities pursuant to the Agreement on Environmental Cooperation among the Governments of Canada, the United Mexican States, and the United States of America (ECA) signed by the Parties, including activities related to implementation of this Chapter. Activities that the Parties undertake pursuant to the Environmental Cooperation Agreement will be coordinated and reviewed by the Commission for Environmental Cooperation as provided for in the ECA. (37)

(37) The Parties established the Commission for Environmental Cooperation (CEC) under Part Three of the North American Agreement on Environmental Cooperation (NAAEC).

Article 24.26. Environment Committee and Contact Points

1. Each Party shall designate and notify a contact point from its relevant authorities within 90 days of the date of entry into force of this Agreement, in order to facilitate communication between the Parties in the implementation of this Chapter. Each Party shall promptly notify, in writing, the other Parties in the event of any change of its contact point.

2. The Parties establish an Environment Committee composed of senior government representatives, or their designees, of the relevant trade and environment central level of government authorities of each Party responsible for the implementation of this Chapter.

3. The purpose of the Environment Committee is to oversee the implementation of this Chapter, and its functions are to:

(a) provide a forum to discuss and review the implementation of this Chapter;

(b) periodically inform the Commission and the Council for the Commission for Environmental Cooperation (Council) established under Article 3 (Council Structures and Procedures) of the Environmental Cooperation Agreement regarding the implementation of this Chapter;

(c) consider and endeavor to resolve matters referred to it under Article 24.30 (Senior Representative Consultations);

(d) provide input, as appropriate, for consideration by the Council, relating to submissions on enforcement matters under this Chapter.

(e) coordinate with other committees established under this Agreement as appropriate; and

(f) perform any other functions as the Parties may decide.

4. The Environment Committee shall meet within one year of the date of entry into force of this Agreement. Thereafter, the Environment Committee shall meet every two years unless the Environment Committee agrees otherwise. The Chair of the Environment Committee and the venue of its meetings shall rotate among each of the Parties in English alphabetical order, unless the Environment Committee decides otherwise.

5. All decisions and reports of the Environment Committee shall be made by consensus, unless the Committee decides otherwise or unless otherwise provided in this Chapter.

6. All decisions and reports of the Environment Committee shall be made available to the public, unless the Environment Committee decides otherwise.

  • 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 CancellationÂť  (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"Âť 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