United States - Mexico - Canada Agreement (USMCA) (2018)
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1. If the consulting Parties fail to resolve the matter within:

(a) 30 days after a Party has delivered a request for consultations under Article 31.4 (Consultations) in a matter regarding perishable goods;

(b) 75 days after a Party has delivered a request for consultations under Article 31.4 (Consultations); or

(c) another period as the consulting Parties may decide,

a consulting Party may request the establishment of a panel by means of a written notice delivered to the responding Party through its Section of the Secretariat.

2. The complaining Party shall circulate the written notice concurrently to the other Parties through their respective Sections of the Secretariat.

3. The complaining Party shall include in the request to establish a panel an identification of the measure or other matter at issue and a brief summary of the legal basis of the complaint sufficient to present the issue clearly.

4. On delivery of the request, the panel is established.

5. A third Party that considers it has a substantial interest in the matter is entitled to join as a complaining Party on delivery of written notice of its intention to participate to the disputing Parties through their respective Sections of the Secretariat, including a copy to its Section. The third Party shall deliver the notice no later than seven days after the date of delivery of a request by a Party for the establishment of a panel.

6. Unless the disputing Parties decide otherwise, the panel shall be established and perform its functions in a manner consistent with this Chapter and the Rules of Procedure.

7. If a panel has been established regarding a matter and another Party requests the establishment of a panel regarding the same matter, a single panel should be established to examine those complaints whenever feasible.

Article 31.7. Terms of Reference

1. Unless the disputing Parties decide otherwise no later than 20 days after the date of delivery of the request for the establishment of a panel, the terms of reference shall be to:

(a) examine, in the light of the relevant provisions of this Agreement, the matter referred to in the request for the establishment of a panel under Article 31.6 (Establishment of a Panel); and

(b) make findings and determinations, and any jointly requested recommendations, together with its reasons therefor, as provided for in Article 31.17 (Panel Report).

2. If, in its request for the establishment of a panel, a complaining Party claims that a measure nullifies or impairs a benefit within the meaning of Article 31.2 (Scope), the terms of reference shall so indicate.

3. If a disputing Party wishes the panel to make findings as to the degree of adverse trade effects on a Party of a measure found not to conform with an obligation of this Agreement or to have caused nullification or impairment in the sense of Article 31.2(c) (Scope), the terms of reference shall so indicate.

Article 31.8. Roster and Qualifications of Panelists

1. The Parties shall establish, by the date of entry into force of this Agreement, and maintain a roster of up to 30 individuals who are willing to serve as panelists. Each Party shall designate up to 10 individuals. The Parties shall endeavor to achieve consensus on the appointments. If the Parties are unable to achieve consensus by one month after the date of entry into force of this Agreement, the roster shall be comprised of the designated individuals. The roster shall remain in effect for a minimum of three years or until the Parties constitute a new roster. If a Party fails to designate its individuals to the roster, the Parties may still request the establishment of panels under Article 31.6 (Establishment of a Panel). The Rules of Procedure, which shall be established by the date of entry into force of this Agreement, shall provide for how to compose a panel in such circumstances. Members of the roster may be reappointed. In the event that an individual is no longer able or willing to serve as a panelist, the relevant Party shall designate a replacement. The Parties shall endeavor to achieve consensus on the appointment. If the Parties are unable to achieve consensus by one month after the date the replacement is designated, the individual shall be added to the roster.

2. Each roster member and panelist shall:

(a) have expertise or experience in international law, international trade, other matters covered by this Agreement, or the resolution of disputes arising under international trade agreements;

(b) be selected on the basis of objectivity, reliability, and sound judgment;

(c) be independent of, and not be affiliated with or take instructions from, a Party; and

(d) comply with the Code of Conduct established by the Commission.

3. For a dispute arising under Chapter 23 (Labor) and Chapter 24 (Environment), each disputing Party shall select a panelist in accordance with the following requirements, in addition to those set out in paragraph 1:

(a) in a dispute arising under Chapter 23 (Labor), panelists other than the chair shall have expertise or experience in labor law or practice; and

(b) in a dispute arising under Chapter 24 (Environment), panelists other than the chair shall have expertise or experience in environmental law or practice.

4. In disputes regarding specialized areas of law not set out in paragraph 3, the disputing Parties should select panelists to ensure that the necessary expertise is available on the panel.

5. An individual shall not serve as a panelist in the same dispute in which the individual has participated pursuant to Articles 31.4 (Consultations) or Article 31.5 (Good Offices, Conciliation, and Mediation).

Article 31.9. Panel Composition

1. If there are two disputing Parties, the following procedures shall apply:

(a) The panel shall comprise five members, unless the disputing Parties agree to a panel comprised of three members.

(b) The disputing Parties shall endeavor to decide on the chair of the panel within 15 days of the delivery of the request for the establishment of the panel. If the disputing Parties are unable to decide on the chair within this period, the disputing Party chosen by lot shall select within five days as chair an individual who is not a citizen of that Party.

(c) If the responding Party refuses to participate in or fails to appear for the choosing by lot procedure, the complaining Party shall select an individual from the roster who is not a citizen of that Party. The complaining Party shall notify the responding Party of the selection no later than the next working day.

(d) Within 15 days of selection of the chair, each disputing Party shall select two panelists who are citizens of the other disputing Party.

(e) If a disputing Party fails to select its panelists within that period, those panelists shall be selected by lot from among the roster members who are citizens of the other disputing Party.

(f) If the responding Party refuses to participate in or fails to appear for the choosing by lot procedure, the complaining Party shall select two individuals from the roster who are citizens of the complaining Party. The complaining Party shall notify the responding Party of the selections no later than the next working day.

2. If there are more than two disputing Parties, the following procedures apply:

(a) The panel shall comprise five members, unless the disputing Parties agree to a panel comprised of three members.

(b) The disputing Parties shall endeavor to decide on the chair of the panel within 15 days of the delivery of the request for the establishment of the panel and, if the disputing Parties are unable to decide on the chair within this period, the Party or Parties on the side of the dispute chosen by lot shall select within 10 days a chair who is not a citizen of that Party or those Parties.

(c) If the responding Party refuses to participate in or fails to appear for the choosing by lot procedure, the complaining Parties, or the complaining Party selected to represent them, shall select an individual from the roster who is not a citizen of either complaining Party. The complaining Parties shall notify the responding Party of the selection no later than the next working day.

(d) Within 15 days of selection of the chair, the responding Party shall select two panelists, one of whom is a citizen of a complaining Party, and the other of whom is a citizen of another complaining Party and the complaining Parties shall select two panelists who are citizens of the responding Party.

(e) If a disputing Party fails to select a panelist within that period, that panelist shall be selected by lot in accordance with the citizenship criteria of subparagraph (d).

(f) If the responding Party refuses to participate in or fails to appear for the choosing by lot procedure, the complaining Parties, or the complaining Party selected to represent them, shall select an individual from the roster who is a citizen of one of the complaining Parties. The complaining Parties shall notify the responding Party of the selection no later than the next working day.

3. A panelist shall normally be selected from the roster. A disputing Party may exercise a peremptory challenge against an individual not on the roster who is proposed as a panelist by a disputing Party within 15 days after the individual has been proposed, unless no qualified and available individual on the roster possesses necessary specialized expertise, including as required by Article 31.8.3 (Roster and Qualifications of Panelists), in which case a disputing Party may not exercise a peremptory challenge but may raise concerns that the panelist does not meet the requirements of Article 31.8.2 (Roster and Qualifications of Panelists).

4. If a disputing Party believes that a panelist is in violation of the Code of Conduct, the disputing Parties shall consult and if they concur the panelist shall be removed and a new panelist shall be selected in accordance with this Article.

Article 31.10. Replacement of Panelists

1. If a panelist resigns, is removed, or becomes unable to serve, the time frames applicable to that panel's proceeding shall be suspended until a replacement is appointed and shall be extended by the amount of time that the work was suspended.

2. If a panelist resigns, is removed, or becomes unable to serve on the panel, a replacement panelist shall be appointed within 15 days in accordance with the same method used to select the panelist in accordance with Article 31.9 (Panel Composition).

3. If a disputing Party believes that a panelist is in violation of the Code of Conduct, the disputing Parties shall consult. If they concur on removing the panelist, they shall be removed and a new panelist shall be selected in accordance with this Article.

Article 31.11. Rules of Procedure for Panels

1. The Rules of Procedure, established under this Agreement in accordance with Article 30.2 (Functions of the Commission), shall ensure that:

(a) disputing Parties have the right to at least one hearing before the panel at which each may present views orally;

(b) subject to subparagraph (f), a hearing before the panel shall be open to the public, unless the disputing Parties decide otherwise;

(c) each disputing Party has an opportunity to provide an initial and a rebuttal written submission;

(d) subject to subparagraph (f), each disputing Party's written submissions, written version of an oral statement, and written response to a request or question from the panel, if any, are public as soon as possible after the documents are filed;

(e) the panel shall consider requests from non-governmental entities located in the territory of a disputing Party to provide written views regarding the dispute that may assist the panel in evaluating the submissions and arguments of the disputing Parties;

(f) confidential information is protected;

(g) written submissions and oral arguments shall be made in one of the languages of the Parties, unless the disputing Parties decide otherwise; and

(h) unless the disputing Parties decide otherwise, hearings shall be held in the capital of the responding Party.

2. The Rules of Procedure shall include rules of evidence, which shall ensure that:

(a) the disputing Parties have the right to submit testimony in person or via declaration, affidavit, report, teleconference, or videoconference, and the disputing Parties and the panel the right to test the veracity of such testimony;

(b) the disputing Parties have the right to submit anonymous testimony and redacted evidence, in appropriate circumstances;

(c) the panel may request, on its own initiative or at the request of a disputing Party, that a Party make available documents or other information relevant to the dispute, and may take a failure to comply with such request into account in its decision; and

(d) a panel shall accept the disputing Parties' stipulations in advance of the hearing.

Article 31.12. Electronic Document Filing

The disputing Parties shall file all documents relating to a dispute, including written submissions, written versions of oral statements, and written responses to panel questions, by electronic means through their respective Sections of the Secretariat.

Article 31.13. Function of Panels

1. A panel's function is to make an objective assessment of the matter before it and to present a report that contains:

(a) findings of fact;

(b) determinations as to whether: 

(i) the measure at issue is inconsistent with obligations in this Agreement,

(ii) a Party has otherwise failed to carry out its obligations in this Agreement,

(iii) the measure at issue is causing nullification or impairment within the meaning of Article 31.2 (Scope), or

(iv) any other determination requested in the terms of reference;

(c) recommendations, if the disputing Parties have jointly requested them, for the resolution of the dispute; and

(d) the reasons for the findings and determinations.

2. The findings, determinations and recommendations of the panel shall not add to or diminish the rights and obligations of the Parties under this Agreement.

3. Unless the disputing Parties decide otherwise, the panel shall perform its functions and conduct its proceeding in a manner consistent with this Chapter and the Rules of Procedure.

4. The panel shall interpret this Agreement in accordance with customary rules of interpretation of public international law, as reflected in Articles 31 and 32 of the Vienna Convention on the Law of Treaties, done at Vienna on May 23, 1969.

5. A panel shall take its decision by consensus, except that, if a panel is unable to reach consensus, it may take its decision by majority vote.

6. The panel shall base its report on the relevant provisions of this Agreement, the submissions and arguments of the disputing Parties, and on any information or advice put before it under Article 31.15 (Role of Experts).

7. The panel shall draft its reports without the presence of any Party.

8. Panelists may present separate views on matters not unanimously agreed and shall not disclose the identity of which panelists are associated with majority or minority views.

Article 31.14. Third Party Participation

A Party that is not a disputing Party shall, on delivery of a written notice to the disputing Parties through their respective Sections of the Secretariat, including a copy to its Section, be entitled to attend any hearing, to make written and oral submissions to the panel, and to receive written submissions of the disputing Parties. The Party shall provide written notice no later than 10 days after the date of delivery of the request for the establishment of the panel under Article 31.6 (Establishment of a Panel).

Article 31.15. Role of Experts

At the request of a disputing party, or on Its own initiative, a panel may seek information or technical advice from a person or body that it deems appropriate, provided that the disputing Parties agree and subject to any terms and conditions decided on by the disputing Parties. The disputing Parties shall have an opportunity to comment on information or advice obtained under this Article.

Article 31.16. Suspension or Termination of Proceedings

1. The panel may suspend its work at any time at the request of the complaining Party, for a period not to exceed 12 consecutive months. The panel shall suspend its work at any time if the disputing Parties request it to do so. In the event of a suspension, the time frames set out in this Chapter and in the Rules of Procedure shall be extended by the amount of time that the work was suspended. If the work of the panel is suspended for more than 12 consecutive months, the panel proceedings shall lapse unless the disputing Parties decide otherwise.

2. The panel shall terminate its proceedings if the disputing Parties request it to do so.

Article 31.17. Panel Report

1. The panel shall present an initial report to the disputing Parties no later than 150 days after the date of the appointment of the last panelist. In cases of urgency related to perishable goods, the panel shall endeavour to present an initial report to the disputing Parties no later than 120 days after the date of the appointment of the last panelist.

2. In exceptional cases, if the panel considers that it cannot release its initial report within the time period specified in paragraph 1, it shall inform the disputing Parties in writing of the reasons for the delay together with an estimate of when it will issue its report. A delay shall not exceed an additional period of 30 days unless the disputing Parties decide otherwise.

3. A disputing Party may submit written comments to the panel on its initial report no later than 15 days after the presentation of the initial report or within another period as the disputing Parties may decide.

4. After considering those comments, the panel, on its own initiative or on the request of a disputing Party, may:

(a) request the views of a Party;

(b) reconsider its report; or

(c) make a further examination that it considers appropriate.

5. The panel shall present a final report including any separate opinions on matters not unanimously agreed to the disputing Parties no later than 30 days after presentation of the initial report, unless the disputing Parties decide otherwise.

6. After taking any steps to protect confidential information, and no later than 15 days after the presentation of the final report, the disputing Parties shall make the final report available to the public.

Article 31.18. Implementation of Final Report

1. Within 45 days from receipt of a final report that contains findings that:

(a) the measure at issue is inconsistent with a Party's obligations in this Agreement;

(b) a Party has otherwise failed to carry out its obligations in this Agreement; or

(c) the measure at issue is causing nullification or impairment within the meaning of Article 31.2 (Scope),

the disputing Parties shall endeavor to agree on the resolution of the dispute.

2. Resolution of the dispute can comprise elimination of the non-conformity or the nullification or impairment, if possible, the provision of mutually acceptable compensation, or another remedy the disputing Parties may agree.

Article 31.19. Non-Implementation - Suspension of Benefits

1. If the disputing Parties are unable to agree on a resolution to the dispute under Article 31.18 (Implementation of Final Report) within 45 days from receipt of the final report, the complaining Party may suspend the application to the responding Party of benefits of equivalent effect to the non-conformity or the nullification or impairment until the disputing Parties agree on a resolution to the dispute.

2. In considering what benefits to suspend pursuant to paragraph 1:

(a) a complaining Party should first seek to suspend benefits in the same sector as that affected by the measure or other matter that was the subject of the dispute; and

(b) a complaining Party that considers it is not practicable or effective to suspend benefits in the same sector, may suspend benefits in other sectors unless otherwise provided for elsewhere in this Agreement.

3. If the responding Party considers that:

(a) the level of benefits proposed to be suspended is manifestly excessive; or

(b) it has eliminated the non-conformity or the nullification or impairment that the panel has determined to exist,

it may request that the panel be reconvened to consider the matter. The responding Party shall deliver its request in writing to the complaining Party. The panel shall reconvene as soon as possible after the date of delivery of the request and shall present its determination to the disputing Parties no later than 90 days after it reconvenes to review a request under subparagraph (a) or (b), or 120 days after it reconvenes for a request under both subparagraphs (a) and (b). If the panel considers that the level of benefits the complaining Party proposes to suspend is manifestly excessive, it shall provide its views as to the level of benefits it considers to be of equivalent effect.

4. If the panel's views are that the responding Party has not eliminated the non-conformity or the nullification or impairment, the complaining Party may suspend benefits up to the level the panel has determined under paragraph 3.

Section B. Domestic Proceedings and Private Commercial Dispute Settlement

Article 31.20. Referrals of Matters from Judicial or Administrative Proceedings

1. If an issue of interpretation or application of this Agreement arises in a domestic judicial or administrative proceeding of a Party that a Party considers would merit its intervention, or if a court or administrative body solicits the views of a Party, that Party shall notify the other Parties and its Section of the Secretariat. The Commission shall endeavor to agree on an appropriate response as expeditiously as possible.

2. The Party in whose territory the court or administrative body is located shall submit an agreed interpretation of the Commission to the court or administrative body in accordance with the rules of that forum.

3. If the Commission is unable to agree, a Party may submit its own views to the court or administrative body in accordance with the rules of that forum.

Article 31.21. Private Rights

No Party shall provide for aright of action under its law against another Party on the ground that a measure of that other Party is inconsistent with this Agreement.

Article 31.22. Alternative Dispute Resolution

1. Each Party shall, to the extent possible, encourage, facilitate, and promote through education, the use of arbitration, mediation, online dispute resolution and other procedures for the prevention and resolution of international commercial disputes between private parties in the free trade area.

2. To this end, each Party shall provide appropriate procedures to ensure observance of agreements to arbitrate and for the recognition and enforcement of arbitral awards and settlement agreements in those disputes, and to facilitate and encourage mediation procedures.

3. A Party shall be deemed to be in compliance with paragraph 2 if it is a party to and is in compliance with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York on June 10 1958, or the Inter-American Convention on International Commercial Arbitration, done at Panama on January 30, 1975.

4. The Commission shall establish and maintain an Advisory Committee on Private Commercial Disputes comprising persons with expertise or experience in the resolution of private international commercial disputes. The Committee shall, to the extent possible, encourage, facilitate, and promote through education, the use of arbitration, mediation, online dispute resolution and other procedures for the prevention and resolution of international commercial disputes between private parties in the free trade area. The Committee shall report and provide recommendations to the Commission on general issues respecting the availability, use, and effectiveness of arbitration, mediation, online dispute settlement resolution, and other dispute resolution procedures for the prevention and resolution of those disputes in the free trade area.

ANNEX 31-A. FACILITY-SPECIFIC RAPID RESPONSE LABOR MECHANISM

Article 31-A.1. Scope and Purpose

1. The United States and Mexico are agreeing to this annex pursuant to Article 31.5.1 (Good Offices, Conciliation, and Mediation).

2. The purpose of the Facility-Specific, Rapid Response Labor Mechanism (the "Mechanism"), including the ability to impose remedies, is to ensure remediation of a Denial of Rights, as defined in Article 31-A.2, for workers at a Covered Facility, not to restrict trade. Furthermore, the Parties have designed this Mechanism to ensure that remedies are lifted immediately once a Denial of Rights is remediated.

3. The Parties shall make every attempt to cooperate and arrive at a mutually acceptable solution with respect to matters that can be raised through the Mechanism.

4. This Annex applies only as between Mexico and the United States.

Article 31-A.2. Denial of Rights

The Mechanism shall apply whenever a Party (the "complainant Party") has a good faith basis belief that workers at a Covered Facility are being denied the right of free association and collective bargaining under laws necessary to fulfill the obligations of the other Party (the "respondent Party") under this Agreement (a "Denial of Rights"). (2)

(2) With respect to the United States, a claim can be brought only with respect to an alleged Denial of Rights owed to workers at a covered facility under an enforced order of the National Labor Relations Board. With respect to Mexico, a claim can be brought only with respect to an alleged Denial of Rights under legislation that complies with Annex 23-A (Worker Representation in Collective Bargaining in Mexico).

Article 31-A.3. Lists of Rapid Response Labor Panelists

1. The Parties shall establish and maintain three lists of Rapid Response Labor Panelists who are willing to commit to being generally available to serve as Labor Panelists for the Mechanism.

2. By the date of entry into force of this Agreement, each Party shall appoint three individuals to one list each and appoint, by consensus, three individuals to a joint list. The individuals in the joint list shall be non-nationals of either Mexico or the United States. If a Party fails to designate its individuals, the Parties may still request the establishment of panels under Article 31-A.5 (Requests for Establishment of Rapid Response Labor Panel). The Rules of Procedure shall provide for how to compose a panel in such circumstances. Thereafter, at most six months from the date of entry into force of this Agreement, the Parties shall expand each list to at least five individuals each.

3. The Labor Panelists shall be appointed for a minimum of four years or until the Parties constitute new lists. Labor Panelists may be reappointed.

4. Each Labor Panelist shall have:

(a) expertise and experience in labor law and practice, and with the application of standards and rights as recognized by the International Labor Organization;

(b) be selected on the basis of objectivity, reliability, and sound judgment;

(c) be independent of, and not affiliated with or take instructions from, a Party; and

(d) comply with the Code of Conduct established by the Commission for dispute settlement under this chapter.

5. If a list falls below five individuals within the four-year term, the relevant Party shall promptly appoint replacements. With respect to the joint list, the Parties shall appoint replacements by consensus within 30 days from the date the list has fallen below the required number.

6. At the conclusion of the first four year term, and every four years thereafter, the Labor Panelists shall submit a report to the Parties commenting on the functioning of the Mechanism. The Parties shall make the report public.

  • 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