United States - Mexico - Canada Agreement (USMCA) (2018)
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1. Each Party recognizes that enhancing the compatibility of its sanitary and phytosanitary measures with the measures of another Party may facilitate trade while maintaining each Party's right to determine its appropriate level of protection.

2. To reduce unnecessary obstacles to trade, each Party shall endeavor to enhance the compatibility of its sanitary and phytosanitary measures with the sanitary and phytosanitary measures of the other Parties, provided that doing so does not reduce each Party's appropriate level of protection. In so doing, each Party:

(a) is encouraged to consider relevant actual or proposed sanitary or phytosanitary measures of the other Parties in the development, modification, or adoption of their sanitary or phytosanitary measures; and

(b) shall have the objective, among others, of making its sanitary and phytosanitary measures equivalent or, if appropriate, identical to those of the other Parties, but only to the extent that doing either does not reduce the Party€'s appropriate level of protection.

Article 9.8. Adaptation to Regional Conditions, Including Pest- or Disease-Free Areas and Areas of Low Pest or Disease Prevalence

1. The Parties recognize that adaptation to regional conditions, including regionalization, zoning, and compartmentalization, is an important means to facilitate trade.

2. The Parties shall endeavour to cooperate on the recognition of pest- or disease-free areas, and areas of low pest or disease prevalence with the objective of acquiring confidence in the procedures followed by each Party for the recognition of pest- or disease-free areas, and areas of low pest or disease prevalence.

3. In making a determination regarding regional conditions, each Party shall take into account the relevant guidance of the WTO SPS Committee and relevant international standards, guidelines, and recommendations.

4. If an importing Party receives from an exporting Party a request for a determination of regional conditions and determines that the exporting Party has provided sufficient information, the importing Party shall initiate an assessment without undue delay. For this purpose, each exporting Party shall provide reasonable access in its territory to the importing Party for inspection, testing, and other relevant procedures.

5. The importing Party shall inform the exporting Party of receipt of information provided by the exporting Party under paragraph 4. The importing Party shall evaluate the information provided by the exporting Party and shall inform the exporting Party whether the information is sufficient to evaluate a request for adaptation to regional conditions. The importing Party may request additional relevant information or an on-site verification, if justified, based on the results of the ongoing evaluation.

6. When an importing Party initiates an evaluation of a request for a determination of regional conditions under paragraph 4, that Party shall explain, on request of the exporting Party, its process for making the determination of regional conditions without undue delay.

7. On request from the exporting Party, the importing Party's competent authority shall consider whether a streamlined process may be used for the determination of regional conditions.

8. If the importing and exporting Parties' competent authorities decide that a request for a determination of regional conditions is a priority, and the importing Party has received sufficient information, as referenced in paragraph 4, the competent authorities involved shall establish reasonable timeframes based on the circumstances and may establish a work plan under which the importing Party, under normal circumstances (2), may finalize the determination. The determination may be positive or negative.

9. On request of the exporting Party, the importing Party shall inform the exporting Party of the status of the evaluation of the exporting Party's request for a determination of regional conditions.

10. The importing Party shall finalize the evaluation and all necessary stages involved for the determination of regional conditions of the exporting Party without undue delay once the importing Party's competent authority determines that it has received sufficient information from the exporting Party.

11. If the evaluation results in the recognition of specific regional conditions of an exporting Party, the importing Party shall communicate this determination to the exporting Party in writing and shall apply this recognition without undue delay.

12. If the evaluation of the evidence provided by the exporting Party does not result in a determination to recognize pest- or disease-free areas or areas of low pest and disease prevalence, the importing Party shall provide in writing to the exporting Party with the rationale for its determination.

13. The importing and exporting Parties involved in a particular determination of regional conditions may also decide in advance the risk management measures that will apply to trade between them in the event of a change in the status.

14. If there is an incident that results in a change of status, the exporting Party shall inform the importing Party. If the importing Party modifies or revokes the determination recognizing regional conditions as a result of the change in status, on request of the exporting Party, the Parties involved shall cooperate to assess whether the determination can be reinstated.

15. The Parties involved in a determination recognizing regional conditions shall, if mutually decided, report the outcome to the SPS Committee.

(2) For the purposes of this paragraph, "normal circumstances" do not include any extraordinary or unanticipated situations, such as unanticipated risks to human, animal, or plant life or health, or resource or regulatory constraints.

Article 9.9. Equivalence

1. The Parties recognize that a positive determination of equivalence of sanitary and phytosanitary measures is an important means to facilitate trade.

2. Further to Article 4 of the SPS Agreement, the Parties shall apply a recognition of equivalence to a specific sanitary or phytosanitary measure, or to the extent feasible and appropriate, to a group of measures or on a systems-wide basis. In determining the equivalence of a specific sanitary or phytosanitary measure, group of measures, or measures on a systems-wide basis, each Party shall take into account the relevant guidance of the WTO SPS Committee and relevant international standards, guidelines, and recommendations.

3. On request of the exporting Party, the importing Party shall explain the objective and rationale of its sanitary or phytosanitary measure and identify the risk the sanitary or phytosanitary measure is intended to address.

4. When an importing Party receives a request for a determination of equivalence from an exporting Party and determines that the exporting Party has provided sufficient information, the importing Party shall initiate an assessment without undue delay.

5. When an importing Party initiates an equivalence assessment, the importing Party shall explain, on request of the exporting Party, and without undue delay, its process for making the determination of equivalence, and, if the determination results in recognition, its plan for enabling trade.

6. On request of the exporting Party, the importing Party's competent authority shall consider whether a streamlined process may be used to determine equivalence.

7. If the importing and exporting Parties' competent authorities decide that a request for a determination of equivalence is a priority, and the importing Party has received sufficient information, as referenced in paragraph 4, the competent authorities involved shall establish reasonable timeframes based on the circumstances and may establish a work plan under which the importing Party, under normal circumstances (3), may finalize the determination. The determination may be positive or negative.

8. On request of the exporting Party, the importing Party shall inform the exporting Party of the status of the equivalence assessment.

9. Once the importing Party determines that the information provided by the exporting Party is sufficient to finalize the assessment, the importing Party shall finalize the assessment and communicate the results of the assessment to the exporting Party without undue delay.

10. In determining equivalence, an importing Party shall take into account available knowledge, information, and relevant experience, including knowledge acquired through experience with the exporting Party's relevant competent authority.

11. An importing Party shall recognize the equivalence of a sanitary or phytosanitary measure, group of measures, or system, even if the measure, group of measures, or system differs from its own, if the exporting Party objectively demonstrates to the importing Party that the exporting Party's measure achieves the importing Party's appropriate level of protection, taking into account outcomes that the exporting Party's measure, group of measures, or system achieves.

12. €˜If an importing Party adopts a measure that recognizes the equivalence of an exporting Party's specific sanitary or phytosanitary measure, group of measures, or measures on a systems-wide basis, the importing Party shall communicate that measure to the exporting Party in writing and implement the measure without undue delay.

13. The Parties involved in an equivalence determination that results in recognition shall, if mutually decided, report the outcome to the SPS Committee.

14. If an assessment does not result in the recognition of equivalence, the importing Party shall communicate that determination and its rationale to the exporting Party without undue delay.

15. If a Party plans to adopt, modify, or repeal a measure that is the subject of a sanitary or phytosanitary equivalence recognition, the following applies:

(a) The Party shall notify the other Party involved in the recognition of its plan. The notification should take place at an early appropriate stage where any comments submitted by the other Party can be taken into account, including by revising its plan. Upon request of a Party involved in the recognition, the Parties involved shall discuss whether the adoption, modification, or repeal of the measure may affect the equivalence recognition.

(b) The Party shall, upon request of the other Party, provide information and rationale concerning its planned adoption, modification, or repeal. The other Party shall review any information provided to it and submit any comments to the Party that plans to adopt, modify, or repeal the measure, without undue delay.

(c) The importing Party shall not revoke its recognition of equivalence on the basis that an adoption, modification, or repeal of the measure is pending.

16. If a Party adopts, modifies, or repeals a measure that is the subject of a sanitary or phytosanitary recognition of equivalence, the importing Party shall maintain its recognition of equivalence provided that the exporting Party's measures concerning the good continue to achieve the appropriate level of protection of the importing Party. Upon request of a Party, the Parties involved in the recognition shall promptly discuss the determination made by the importing Party.

17. If a Party adopts, modifies, or repeals a measure that is the subject of a sanitary or phytosanitary recognition of equivalence, the importing Party shall:

(a) continue to accept the recognition of equivalence until it has communicated to the exporting Party whether other requirements must be met to maintain equivalence; and

(b) if other requirements under subparagraph (a) must be met, upon request, discuss those requirements with the exporting Party.

(3) For the purposes of this paragraph, "normal circumstances" do not include any extraordinary or unanticipated situations, such as unanticipated risks to human, animal or plant life or health, or resource or regulatory constraints.

Article 9.10. Audits  (4)

1. To determine an exporting Party's ability to comply with the importing Party's sanitary or phytosanitary requirements or to verify an exporting Party's compliance with its sanitary or phytosanitary requirements that the importing Party has determined to be equivalent, the importing Party shall have the right to audit the exporting Party's competent authorities, including associated or designated inspection systems in accordance with this Article. That audit may include an assessment of the competent authorities' control programs, including, if appropriate and feasible, the inspection programs, audit programs, or on-site inspections of facilities or other agriculture production areas.

2. An audit must be systems-based and designed to check the effectiveness of the regulatory controls of the competent authorities of the exporting Party.

3. In undertaking an audit, a Party shall take into account relevant guidance of the WTO SPS Committee and relevant international standards, guidelines, and recommendations.

4. Prior to the commencement of an audit, the auditing and audited Parties shall discuss: the rationale, objectives, and scope of the audit; and the criteria or requirements against which the audited Party will be assessed. Also at that time, the auditing and audited Parties shall decide the itinerary and procedures for conducting the audit.

5. Unless the auditing and audited Parties decide otherwise, the auditing Party shall hold an exit meeting at the end of the audit that includes an opportunity for the competent authority of the audited Party to raise questions or seek clarification on the preliminary findings and observations provided at the meeting.

6. The auditing Party shall provide the audited Party the draft written audit report, including its initial findings. The auditing Party shall provide the audited Party the opportunity to comment on the accuracy of the draft audit report and shall take any such comments into account before the auditing Party finalizes its report. The auditing Party shall provide a final audit report setting out its conclusions in writing to the audited Party within a reasonable period of time.

7. In undertaking an audit in cases in which an importing Party has recognized equivalence on a system-wide basis, the importing Party shall:

(a) conduct the audit to verify that the audited Party's system achieves an equivalent outcome to the sanitary or phytosanitary appropriate level of protection of the importing Party; and

(b) audit against the exporting Party's implementation of the equivalent oversight and control system.

8. If a Party has recognized another Party's system as equivalent, the competent authorities of the Parties involved in the recognition may discuss schedules of the audits of that system.

9. A decision or action taken by the auditing Party as a result of the audit must be supported by objective evidence and data that can be verified, taking into account the auditing Party's knowledge of, relevant experience with, and confidence in, the audited Party's regulatory controls. The auditing Party shall, on request of the audited Party, provide this objective evidence and data.

10. €˜The costs incurred by the auditing Party shall be borne by the auditing Party, unless the auditing and audited Parties decide otherwise.

11. The auditing Party and audited Party shall each ensure that procedures are in place to prevent the disclosure of confidential information that is acquired during the audit process.

12. If the auditing Party makes a final audit report publicly available, the final audit report must incorporate, or be accompanied by, the comments or written response to the draft report provided by the competent authority of the audited Party.

13. The Parties may decide, if possible, to:

(a) collaborate on audits of non-Parties; or

(b) share the results of audits of non-Parties.

(4) For greater certainty, the Parties recognize that an inspection of a facility and other premises relevant to the inspection in a Party's territory in order to verify compliance with applicable sanitary or phytosanitary measures is a distinct activity from an audit and the provisions of this Article do not apply to that inspection.

Article 9.11. Import Checks

1. An importing Party may use import checks to assess compliance with its sanitary and phytosanitary measures and to obtain information to assess risk or to determine the need for, develop, or periodically review a risk-based import check.

2. Each Party shall ensure that its import checks are based on the risks associated with importations, and that its import checks are carried out without undue delay.

3. A Party shall make available to another Party, on request, information on its import procedures and its basis for determining the nature and frequency of import checks, including the factors it considers to determine the risks associated with importations.

4. A Party may change the frequency of its import checks as a result of experience gained through import checks or as a result of actions or discussions provided for in this Chapter.

5. An importing Party shall provide to another Party, on request, information regarding the analytical methods, quality controls, sampling procedures, and facilities that the importing Party uses to testa good. The importing Party shall ensure that any testing is conducted using appropriate and validated methods under a quality assurance program that is consistent with international laboratory standards. The importing Party shall maintain physical or electronic documentation regarding the identification, collection, sampling, transportation and storage of the test sample, and the analytical methods used on the test sample.

6. Each Party, with respect to any import check that it conducts, shall:

(a) limit any requirements regarding individual specimens or samples of an import to those that are reasonable and necessary;

(b) ensure that any fees imposed for the procedures on imported products are equitable in relation to any fees charged on like domestic products or products originating in any other Party or non-Party and should be no higher than the actual cost of the service;

(c) use criteria for selecting facilities at which an import check is conducted:

(i) so that the location does not cause unnecessary inconvenience to an applicant or its agent, and

(ii) so that the integrity of the good is preserved, except for the individual specimens or samples obtained pursuant to the requirements referred to in subparagraph (a).

7. An importing Party shall ensure that its final decision in response to a finding of non-conformity with the importing Party's sanitary or phytosanitary measure is limited to what is reasonable and necessary in response to the non-conformity.

8. If an importing Party prohibits or restricts the importation of a good of another Party on the basis of an adverse result of an import check, the importing Party shall provide a notification, if practicable by electronic means, about the adverse result to at least one of the following: the importer or its agent; the exporter; or the manufacturer.

9. When the importing Party provides a notification pursuant to paragraph 8, the Party shall:

(a) include in its notification:

(i) the reason for the prohibition or restriction,

(ii) the legal basis or authorization for the action, and

(iii) information on the status of the affected goods including, if applicable:

(A) relevant laboratory results and laboratory methodologies, if requested and possible to include;

(B) in the case of pest interceptions, an identification of the pests at the species level, if available; and

(C) information on the disposition of goods, if appropriate; and

(b) transmit the notification as soon as possible, and, in any event, under normal circumstances no later than five days after the date of the decision to prohibit or restrict, unless the good is seized by a customs administration or subject to ongoing law enforcement action.

10. An importing Party that prohibits or restricts the importation of a good of another Party on the basis of an adverse result of an import check shall provide an opportunity for a review of the decision and consider any relevant information submitted to assist in the review. (5) The review request and information should be submitted to the importing Party within a reasonable period of time.

11. Paragraph 9 does not prevent an importing Party from disposing of goods which are found to have an infectious pathogen or pest that, if urgent action is not taken, can spread and cause damage to human, animal, or plant life or health in the Party's territory.

12. If an importing Party determines that there is a significant, sustained or recurring pattern of non-conformity with a sanitary or phytosanitary measure, the importing Party shall notify the exporting Party of the pattern of non-conformity.

13. On request, an importing Party shall provide to the exporting Party available information on goods of the exporting Party that were found not to conform to a sanitary or phytosanitary measure of the importing Party.

(5) For greater certainty, a Party shall provide an opportunity for review to at least one of the following: the importer or its agent, the exporter, or the manufacturer of the good, and the review shall be conducted by the customs administration or the relevant competent authority.

Article 9.12. Certification

1. The Parties recognize that assurances with respect to sanitary or phytosanitary requirements may be provided through means other than certificates.

2. Each Party shall ensure that at least one of the following conditions is satisfied before imposing a sanitary or phytosanitary certification requirement:

(a) the certification requirement is based on the relevant international standards; or

(b) the certification requirement is appropriate to the circumstances of risks to human, animal, or plant life or health at issue. (6)

3. If an importing Party requires certification for trade in a good, that Party shall ensure that the certification requirement is applied only to the extent necessary to meet its appropriate level of protection.

4. In applying certification requirements, an importing Party shall take into account relevant guidance of the WTO SPS Committee and relevant international standards, guidelines, and recommendations.

5. An importing Party shall limit attestations and information it requires on the certificates to essential information that is necessary to provide assurances to the importing Party that its appropriate level of protection has been met.

6. An importing Party shall provide to another Party, on request, the rationale for any attestations or information that the importing Party requires to be included on a certificate.

7. The Parties may decide to work cooperatively to develop model certificates to accompany specific goods traded between the Parties, taking into account relevant guidance of the WTO SPS Committee and relevant international standards, guidelines, and recommendations.

8. The Parties shall promote the implementation of electronic certification and other technologies to facilitate trade.

(6) For greater certainty, a certification requirement concerning non-sanitary or phytosanitary requirements, including the quality of a product or information relating to consumer preferences, does not constitute a certification requirement appropriate to the circumstances of a risk to human, animal, or plant life or health.

Article 9.13. Transparency

1. This Article applies to sanitary or phytosanitary measures that constitute sanitary or phytosanitary regulations for the purposes of Annex B of the SPS Agreement.

2. The Parties recognize the value of sharing information about their sanitary and phytosanitary measures on an ongoing basis, and of providing other Parties and persons of the Parties with the opportunity to comment on their proposed sanitary or phytosanitary measures.

3. In implementing this Article, each Party shall take into account relevant guidance of the WTO SPS Committee and relevant international standards, guidelines, and recommendations.

4. A Party shall notify a proposed sanitary or phytosanitary measure that may have an effect on the trade of another Party, including any that conforms to international standards, guidelines, or recommendations, by using the WTO SPS notification submission system as a means of notifying the other Parties.

5. Unless urgent problems of human, animal, or plant life or health protection arise or threaten to arise requiring the adoption of an emergency measure, or the measure is of a trade-facilitating nature, a Party shall normally allow at least 60 days for the other Parties or persons of the Parties to provide written comments on the proposed measure, other than proposed legislation, after it makes the notification under paragraph 4. The Party shall consider any reasonable request from another Party or persons of the Parties to extend the comment period. On request of another Party, the Party shall respond to the written comments of the other Party in an appropriate manner.

6. The Party shall make available on a free, publicly available website or official journal, the proposed sanitary or phytosanitary measure notified under paragraph 4, the legal basis for the measure, and the written comments or a summary of the written comments that the Party has received from the public on the proposed measure.

7. If a Party proposes a sanitary or phytosanitary measure that does not conform to a relevant international standard, guideline, or recommendation, the Party shall provide to another Party, on request, the relevant documentation that the Party considered in developing the proposed measure, including documented and objective scientific evidence related to the measure, such as risk assessments, relevant studies, and expert opinions.

8. A Party that proposes to adopt a sanitary or phytosanitary measure shall discuss with another Party, on request and when appropriate during its regulatory process, any scientific or trade concerns that the other Party may raise regarding the proposed measure and the availability of alternative, less trade-restrictive approaches for achieving the Party’s appropriate level of protection.

9. Each Party shall publish, preferably by electronic means, notices of final sanitary or phytosanitary measures in an official journal or website.

10. Each Party shall notify the other Parties of final sanitary or phytosanitary measures through the WTO SPS notification submission system. Each Party shall ensure that the text or the notice of a final sanitary or phytosanitary measure specifies the date on which the measure takes effect and the legal basis for the measure. A Party shall also make available to another Party, on request, and to the extent permitted by the confidentiality and privacy requirements of the Party's law, significant written comments and relevant documentation considered to support the measure that were received during the comment period.

11. €˜If a final sanitary or phytosanitary measure is substantively altered from the proposed measure, a Party shall also include in the notice of the final sanitary or phytosanitary measure that it publishes, an explanation of:

(a) the objective and rationale of the measure and how the measure advances that objective and rationale; and

(b) any substantive revisions that it made to the proposed measure.

12. An exporting Party shall notify the importing Party through the contact points referred to in Article 9.5 (Competent Authorities and Contact Points) in a timely and appropriate manner:

(a) if it has knowledge of a significant sanitary or phytosanitary risk related to the export of a good from its territory;

(b) of urgent situations where a change in animal or plant health status in the territory of the exporting Party may affect current trade;

(c) of significant changes in the status of a regionalized pest or disease;

(d) of new scientific findings of importance which affect the regulatory response with respect to food safety, pests, or diseases; and

(e) of significant changes in food safety, pest, or disease management, control or eradication policies or practices that may affect trade.

13. If feasible and appropriate, a Party shall normally provide an interval of not less than six months between the date it publishes a final sanitary or phytosanitary measure and the date on which the measure takes effect, unless the measure is intended to address an urgent problem of human, animal, or plant life or health protection or the measure facilitates trade.

14. A Party shall make available to another Party, on request, all sanitary or phytosanitary measures related to the importation of a good into that Party's territory.

Article 9.14. Emergency Measures

1. If an importing Party adopts an emergency measure to address an urgent problem of human, animal or plant life or health that arises or threatens to arise, and applies it to the exports of another Party the importing Party shall promptly notify in writing each affected Party of that measure through the normal channels. The importing Party shall take into consideration any information provided by an affected Party in response to the notification.

2. If an importing Party adopts an emergency measure under paragraph 1, it shall review the scientific basis of that measure within six months and make available the results of the review to any Party on request. If the emergency measure is maintained after the review, because the reason for its adoption remains, the Party should review the measure periodically.

Article 9.15. Information Exchange

A Party may request information from another Party on a matter arising under this Chapter. A Party that receives a request for information shall endeavor to provide available information to the requesting Party within a reasonable period of time, and if possible, by electronic means.

Article 9.16. Cooperation

1. The Parties shall explore opportunities for further cooperation, collaboration, and information exchange between the Parties on sanitary and phytosanitary matters of mutual interest, consistent with this Chapter. Those opportunities may include trade facilitation initiatives and technical assistance. The Parties shall cooperate to facilitate the implementation of this Chapter.

2. The Parties shall cooperate and may work, as mutually decided, on sanitary and phytosanitary matters, including to develop as appropriate, common principles, guidelines, and approaches on matters covered by this Chapter, with the goal of eliminating unecessary obstacles to trade between the Parties.

3. If mutually decided, the Parties shall share information on their respective approaches to risk management with the objective of enhancing the compatibility of their risk management approaches.

4. The Parties are encouraged to create and develop initiatives to facilitate and promote the compatibility of their sanitary or phytosanitary measures.

5. If there is mutual interest and with the objective of establishing a common scientific foundation for each Party's risk management approach, the competent authorities of the Parties are encouraged to:

(a) share best practices on their respective approaches to risk analysis;

(b) cooperate on joint scientific data collection;

(c) if feasible and appropriate, undertake science-based joint risk assessments;

(d) if applicable and in accordance with the procedures, policies, resources, laws, and regulations of each Party, provide access to their respective completed risk assessments and the data used to develop risk assessments; or

(e) if appropriate, cooperate on aligning data requirements for risk assessments.

Article 9.17. Committee on Sanitary and Phytosanitary Measures

1. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Committee on Sanitary and Phytosanitary Measures, composed of government representatives of each Party responsible for sanitary and phytosanitary matters.

2. The SPS Committee shall serve as a forum:

(a) to consider any matter related to this Chapter, including relating to its implementation;

(b) to improve the Parties' understanding of sanitary or phytosanitary issues that relate to the implementation of the SPS Agreement or this Chapter;

(c) to enhance mutual understanding of each Party's sanitary or phytosanitary measures or the regulatory processes that relate to those measures;

(d) to enhance communication and cooperation among the Parties related to sanitary or phytosanitary matters;

(e) to identify and discuss, at an early appropriate stage, proposed sanitary or phytosanitary measures or revisions to existing sanitary or phytosanitary measures that may have a significant effect on trade in North America including for the purposes of issue avoidance and facilitating greater alignment of sanitary or phytosanitary measures; and

  • 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