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United States–Mexico–Canada Agreement

The Agreement between the United States of America, the United Mexican States, and Canada (USMCA)[1][Note 1] is a free trade agreement between Canada, Mexico, and the United States. It replaced the North American Free Trade Agreement (NAFTA) implemented in 1994,[2][3][4] and is sometimes characterized as "NAFTA 2.0",[5][6][7] or "New NAFTA",[8][9] since it largely maintains or updates the provisions of its predecessor.[10] USMCA created one of the world's largest free trade zones,[11] spanning roughly 500 million people and totaling over $26 trillion in GDP (PPP).

Agreement between the United States of America, the United Mexican States, and Canada
  • United States–Mexico–Canada Agreement (USMCA) (American English)
  • Canada–United States–Mexico Agreement (CUSMA) (Canadian English)
  • Tratado entre México, Estados Unidos y Canadá (T-MEC) (Spanish)
  • Accord Canada–États-Unis–Mexique (ACEUM) (French)
TypeFree trade agreement
Drafted30 September 2018
Signed30 November 2018
10 December 2019
(revised version)
LocationMexico City, Mexico
Effective1 July 2020
Condition3 months after notification of each state that all internal procedures have been completed
ExpirationUpon end of 16-year term (renewable)
Ratifiers
Languages

USMCA resulted from renegotiations between the NAFTA member states beginning in 2017; characterized as "tumultuous",[12] these centered primarily on "auto exports, steel and aluminum tariffs, and the dairy, egg, and poultry markets".[13] All sides came to a formal agreement on October 1, 2018,[14] and U.S. President Donald Trump proposed USMCA during the G20 Summit the following month, where it was signed by himself, Mexican President Enrique Peña Nieto, and Canadian Prime Minister Justin Trudeau. A revised version reflecting additional consultations was signed on December 10, 2019 and ratified by all three countries, with Canada being the last to ratify on March 13, 2020. Following notification by all three governments that the provisions were ready for domestic implementation, the agreement came into effect on July 1, 2020.[15][16][17][18][19]

USMCA is primarily a modernization of NAFTA, namely with respect to intellectual property and digital trade,[20][21] and borrows language from the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), of which Canada and Mexico are signatories. Key changes from its predecessor include increased environmental and working regulations; greater incentives for automobile production in the U.S. (with quotas for Canadian and Mexican automotive production); more access to Canada's dairy market; and an increased duty-free limit for Canadians who buy U.S. goods online.[21][22][Note 2]

Background and nomenclature Edit

The United States–Mexico–Canada Agreement is based substantially on the North American Free Trade Agreement (NAFTA), which came into effect on January 1, 1994. The present agreement was the result of more than a year of negotiations including possible tariffs by the United States against Canada in addition to the possibility of separate bilateral deals instead.[23]

During the 2016 U.S. presidential election, Donald Trump's campaign included the promise to renegotiate NAFTA, or cancel it if re-negotiations were to fail.[24] Upon election, Trump proceeded to make a number of changes affecting trade relations with other countries[25] — withdrawing from the Paris Agreement, ceasing to be part of negotiations for the Trans-Pacific Partnership, and significantly increasing tariffs with China — reinforcing that he was serious about seeking changes to NAFTA, while drawing wide criticism as well.[26] One journal article noted that much of the debate surrounding the virtues and faults of the USMCA is similar to that surrounding all free trade agreements (FTAs); for instance, the nature of FTAs as public goods, potential infringements of national sovereignty, and the role of business, labor, environmental, and consumer interests in shaping the language of trade deals.[27]

The agreement is referred to differently by each signatory—in the United States, it is called the United States–Mexico–Canada Agreement (USMCA);[1][28] in Canada, it is officially known as the Canada–United States–Mexico Agreement (CUSMA) in English[29] and the Accord Canada–États-Unis–Mexique (ACEUM) in French;[30] and in Mexico, it is called Tratado entre México, Estados Unidos y Canadá (T-MEC).[31][32] The agreement is sometimes referred to as "New NAFTA"[33][34] in reference to the previous trilateral agreement it is meant to supersede, the North American Free Trade Agreement (NAFTA).

Negotiations Edit

 
A visualization of the timeline for the USMCA ratification process in the US, as prescribed by Trade Promotion Authority

The formal negotiation process began on May 18, 2017, when the US Trade Representative (USTR), Robert Lighthizer, notified Congress that he intended to renegotiate NAFTA starting in 90 days.[35] In accordance with Trade Promotion Authority statutes, the USTR released its key negotiating objectives document on July 7, 2017. Negotiations began on August 16, 2017, and continued with eight formal rounds of talks until April 8, 2018. Lacking any resolution, Lighthizer stated on May 2, 2018, that if by the end of the month no deal was reached, negotiations would be halted until 2019. This statement was motivated by the pending change of government in Mexico, in which the then-incoming president, Andrés Manuel López Obrador, disagreed with much of the negotiated language and might be unwilling to sign the deal.

Separately, on May 11, 2018, Speaker of the House Paul Ryan set May 17 as a deadline for Congressional action. This deadline was disregarded, and the deal with Mexico was not reached until August 27, 2018.[35] At this time Canada had not agreed to the presented deal. Because Mexico's outgoing president, Enrique Peña Nieto, left office on December 1, 2018, and 60 days are required as a review period, the deadline for providing the agreed text was the end of September 30, 2018, which was reached precisely on September 30. Negotiators worked around the clock and completed the agreement less than an hour before midnight of that date on a draft text. The next day on October 1, 2018, the USMCA text was published as an agreed-to document. Lighthizer credited Jared Kushner with architecting the deal and rescuing it several times from collapse.[36]

The agreed text of the agreement was signed by leaders of all three countries on November 30, 2018, as a side event to the 2018 G20 summit in Buenos Aires, Argentina.[37] The English, Spanish, and French versions would be equally authentic, and the agreement would take effect after ratification from all three states through the passage of enabling legislation.[38]

 
Canadian Prime Minister Justin Trudeau greets U.S. Ambassador Kelly Craft in 2019.

U.S. Ambassador to Canada Kelly Craft played a leadership role in trade negotiations between the US and Canada, resulting in the signing of the new trade agreement.[39] Her work in hammering out the trilateral agreement raised her stock with the Trump administration.[40] It was later revealed in a memoir published by Stephen Schwarzman, the CEO and founder of American LBO specialist The Blackstone Group, that he had incited Justin Trudeau to concede the protected dairy market in the USMCA negotiations. According to Schwarzman, Trudeau feared that a recession would affect his government's prospects during the 2019 Canadian federal election. The executive, who had been retained by Trump, also was invited in January 2017 to address the Liberal Cabinet at a Calgary retreat when the Cabinet would be unprotected by its Privy Council Office civil servants. Then, as the negotiations reached their end on October 1, 2018 at a last-minute behind-the-scenes meeting at the United Nations in New York City, Trudeau sacrificed the dairy industry to save the media industry and the automotive exemption. Chrystia Freeland, the Foreign Affairs minister from Trinity-Spadina riding in downtown Toronto whose constituents include many staff of the CBC and The Globe and Mail and the Toronto Star and the Toronto Sun, maps "Canadian culture" directly onto the media industry. Robert Fife in an election cycle article failed to obtain any comment from other than the Liberal party.[41]

Fox News reported on December 9, 2019, that negotiators from the three countries reached an agreement on enforcement, paving the way for a final deal within 24 hours and ratification by all three parties before the end of the year. Mexico agreed to the enforcement of a minimum wage of US$16/hour for Mexican automotive workers by a "neutral" third party. Mexico, which imports all of its aluminum, also expressed opposition to provisions regarding American steel and aluminum contents in automobile components.[42]

Provisions Edit

Provisions of the agreement cover a wide range, including agricultural produce, homelessness, manufactured products, labor conditions, digital trade, among others. Some of the more prominent aspects of the agreement include giving US dairy farmers greater access to the Canadian market, guidelines to have a higher proportion of automobiles manufactured amongst the three nations rather than imported from elsewhere, and retention of the dispute resolution system similar to that included in NAFTA.[38][43]

Dairy Edit

The dairy provisions give the U.S. tariff-free access to 3.6%, up from 3.25% under the never-ratified Trans-Pacific Partnership, of the $15.2 billion (as of 2016) Canadian dairy market.[44][45] Canada agreed to eliminate Class 7 pricing provisions on certain dairy products, while Canada's domestic supply management system remains in place.[46] Canada agreed to raise the duty-free limit on purchases from the U.S. to $150 from the previous $20 level, allowing Canadian consumers to have greater duty-free access to the U.S market.[47]

Automobiles Edit

Automobile rules of origin (ROO) requirements mandate that a certain portion of an automobile's value must come from within the governed region. In NAFTA, the required portion was 62.5 percent. The USMCA increases this requirement by 12.5 percentage points, to 75 percent of the automobile's value. The initial proposal from the Trump administration was an increase to 85 percent, and an added stipulation that 50 percent of the automotive content be made by United States auto manufacturers.[35] While the deal's text did not include the more demanding version of this provision, there is concern that the increased domestic sourcing, aimed at promoting US employment, will come with higher input costs and disruptions to existing supply chains.[48]

De minimis Edit

To facilitate greater cross-border trade, the United States has reached an agreement with Mexico and Canada to raise its de minimis shipment value levels. Canada will raise its de minimis level for the first time in decades, from C$20 (US$16) to C$40 (US$32) for taxes. Canada will also provide for duty-free shipments up to C$150 (US$120). Mexico will continue to provide US$50 tax-free de minimis and also provide duty-free shipments up to the equivalent level of US$117. Shipment values up to these levels would enter with minimal formal entry procedures, making it easier for more businesses, especially small- and medium-sized ones, to be a part of cross-border trade. Canada will also allow 90 days after entry for the importer to make payment of taxes.

Labor Edit

 
US Vice President Mike Pence speaks about the USMCA at a Uline distribution center in Pleasant Prairie, Wisconsin in October 2019

USMCA Annex 23-A requires Mexico to pass legislation that improves the collective bargaining capabilities of labor unions.[49] The specific standards Mexico is required to comply with are detailed in the International Labour Organization's Convention 98 on freedom of association and collective bargaining. The administration of Mexico's president, Andrés Manuel López Obrador, introduced legislation in late 2018 which pursues compliance with these international standards.

Other labor-related measures include a minimum wage requirement in the automotive industry. Specifically, 40 to 45 percent of the automobiles manufactured in North America must be made in a factory that pays a minimum of $16 per hour.[48] This measure will be phased in during the first five years after USMCA ratification.

Intellectual property Edit

The USMCA extends the copyright length in Canada to life plus 70 years, and 75 years for sound recordings.[50] Furthermore, biotechnological firms would have at least 10 years exclusivity period for agricultural chemicals (double the current 5), and industrial designs' period would "jump" from current 10 to 15 years. Compared to NAFTA, USMCA would require criminal penalties and civil remedies be available for both satellite and cable theft, reaffirm the Doha Declaration on the TRIPS Agreement and Public Health, contain the strongest due process and transparency requirements for Geographic Indicator protection systems in any FTA, require criminal procedures and penalties for recording copyrighted movies in movie theaters, and require ex officio authority for customs officials to stop suspected counterfeit goods.[51]

Pharmaceuticals Edit

USMCA provides for a patent term extension where there is an “unreasonable curtailment” of a pharmaceutical's patent term stemming from delays in the regulatory or marketing approval process.[52]

USMCA accounts for data exclusivity of new pharmaceutical products. New pharmaceutical products are those which do not contain a chemical entity that has been previously approved in that Party.[1] Generic manufacturers are prohibited from relying on the innovator's previously undisclosed safety / efficacy testing for at least five years from the date marketing approval was first granted.[53] Mexico agreed to extend its data protection of new pharmaceutical products.[54] Canada's data protection regime already offered an eight-year exclusivity period for innovative drugs and thus was not required to make changes.[55]

Initially, the parties contemplated creating an exclusivity period for new products containing biologics for at least ten years from the approval date. Biologics are defined as a product that is “produced using biotechnology processes and that is, or, alternatively, contains, a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product, protein, or analogous product, for use in human beings for the prevention, treatment, or cure of a disease or condition.”[1] This period would have been longer than the exclusivity periods of both Canada and Mexico, but shorter than that of the United States. This provision was heavily criticized for its potential to limit access to biologic medications and make them unaffordable.[53][56] Thus, biologics were covered in the definition of “new pharmaceutical products” and are instead eligible for a minimum five-year protection period.[57]

Elimination of foreign office and local presence requirements Edit

The USMCA sunset clause would eliminate the need for companies to establish headquarters in any other USMCA country. It will encourage cross-border business by excluding US companies from the need to localize data, open a Canadian or Mexican HQ. For example, McDonald's Canada or Apple Canada could both cease to exist and the surviving entities would be a North American McDonald's or Apple.

Dispute settlement mechanisms Edit

There are three primary dispute settlement mechanisms contained in NAFTA. Chapter 20 is the country-to-country resolution mechanism. It is often regarded as the least contentious of the three mechanisms, and it was sustained in its original NAFTA form in USMCA. Such cases would involve complaints between USMCA member states that a term of the agreement had been violated.[58] Chapter 19 disputes manage the justifications of anti-dumping or countervailing duties. Without Chapter 19, the legal recourse for managing these policies would be through the domestic legal system. Chapter 19 specifies that a USMCA Panel will hear the case and act as an International Trade Court in arbitrating the dispute.[58] The Trump administration attempted to remove Chapter 19 from the new USMCA text, though it has thus far endured in the agreement.

Chapter 11 is the third mechanism, known as investor-state dispute settlement, wherein multinational corporations are enabled to sue participating governments over allegedly discriminatory policies. Chapter 11 is broadly considered the most controversial of the settlement mechanisms.[59] The Canadian negotiators effectively removed themselves from Chapter 11 in the USMCA version of this measure, Chapter 14.[60] Canada will have a full exemption from ISDS three years after NAFTA has been terminated.[59][60]

Beyond the Border accord Edit

In addition to building on the existing NAFTA fused with elements from the Trans-Pacific Partnership, the USMCA also incorporates elements from the "Beyond the Border" accord signed by Prime Minister Stephen Harper and former president Barack Obama, most notably the "single window" initiative and folding the "Regulatory Cooperation Council" into the "Good Regulatory Governance" chapter 28 of the new accord.[61]

Sunset clause Edit

Additionally, there is a stipulation that the agreement itself must be reviewed by the three nations every six years, with a 16-year sunset clause. The agreement can be extended for additional 16-year terms during the six-year reviews.[62] The introduction of the sunset clause places more control in shaping the future of the USMCA in the hands of domestic governments. However, there is concern that this can create greater uncertainty. Sectors such as automotive manufacturing require significant investment in cross-border supply chains.[63] Given the dominance of the United States consumer market, this will likely pressure firms to locate more production in the US, with a greater likelihood of increased production costs for those vehicles.[64]

Currency Edit

A new addition in the USMCA is the inclusion of Chapter 33 which covers Macroeconomic Policies and Exchange Rate Matters. This is considered significant because it could set a precedent for future trade agreements.[65] Chapter 33 establishes requirements for currency and macroeconomic transparency which, if violated, would constitute grounds for a Chapter 20 dispute appeal.[65] The US, Canada, and Mexico are all currently in compliance with these transparency requirements in addition to the substantive policy requirements which align with the International Monetary Fund Articles of Agreement.[66]

Article 32.10 Edit

The USMCA will affect how member countries negotiate future free trade deals. Article 32.10 requires USMCA countries to notify USMCA members three months in advance if they intend to begin free trade negotiations with non-market economies. Article 32.10 permits USMCA countries the ability to review any new free trade deals members agree to go forward. Article 32.10 is widely speculated to be targeting China in intent.[67] In fact, a senior White House official said in connection to the USMCA deal that "We have been very concerned about the efforts of China to essentially undermine the US position by entering into arrangements with others."[68]

Against exchange rate manipulation Edit

The USMCA countries are to abide IMF standards aimed to prevent the manipulation of exchange rates. The agreement calls for public disclosure of market interventions. The IMF can be summoned to act as a referee if the parties dispute.[68]

Against state-owned enterprises Edit

State-owned enterprises, which are favored by China as levers for exercising its dominance, are prevented from receiving unfair subsidies when compared to private enterprise.[68]

Status Edit

 
Outgoing Mexican President Enrique Peña Nieto, U.S. President Donald Trump, and Canadian Prime Minister Justin Trudeau sign the agreement during the G20 summit in Buenos Aires, Argentina, on November 30, 2018.

The USMCA was signed on November 30, 2018, by all three parties at the G20 summit in Buenos Aires, as had been planned the preceding months.[69][70] However, continue disputes over labor rights, steel, and aluminum prevented ratification of this version of the agreement.[71][72] Consequently, Canadian Deputy Prime Minister Chrystia Freeland, U.S. Trade Representative Robert Lightizer and Mexican Undersecretary for North America Jesus Seade formally signed a revised agreement on December 10, 2019, which was ratified by all three countries by March 13, 2020.

United States Edit

United States-Mexico-Canada Agreement Implementation Act
 
Long titleTo implement the Agreement between the United States of America, the United Mexican States, and Canada attached as an Annex to the Protocol Replacing the North American Free Trade Agreement.
Acronyms (colloquial)USMCA
Enacted bythe 116th United States Congress
Citations
Public lawPub. L.Tooltip Public Law (United States) 116–113 (text) (PDF)
Legislative history

Domestic procedures for ratification of the agreement are governed by the Trade Promotion Authority legislation, otherwise known as "fast track" authority.

Growing objections within the member states about U.S. trade policy and various aspects of the USMCA affected the signing and ratification process. Mexico stated they would not sign the USMCA if steel and aluminum tariffs remained.[73] There was speculation after the results of the November 6, 2018 U.S. midterm elections that the Democrats' increased power in the House of Representatives might interfere with the passage of the USMCA agreement.[74][75] Senior Democrat Bill Pascrell argued for changes to the USMCA to enable it to pass Congress.[76] Republicans opposed USMCA provisions requiring labor rights for LGBTQ and pregnant workers.[77] Forty Congressional Republicans urged Trump against signing a deal that contained "the unprecedented inclusion of sexual orientation and gender identity language"; as a result, Trump ultimately signed a revised version that committed each nation only to "policies that it considers appropriate to protect workers against employment discrimination" and clarified that the United States would not be required to introduce any additional nondiscrimination laws.[78] The Canadian government expressed concern about the changes evolving within the USMCA agreement.[79]

On December 2, 2018, Trump announced he would begin the six-month process to withdraw from NAFTA, adding that Congress needed either to ratify the USMCA or else revert to pre-NAFTA trading rules. Academics had debated whether the president can unilaterally withdraw from the pact without Congressional approval.[80]

On March 1, 2019, organizations representing the U.S. agricultural sector announced their support for the USMCA and urged Congress to ratify the agreement. They also urged the Trump administration to continue upholding NAFTA until the new trade agreement is ratified.[81] However, on March 4, House Ways and Means Chairman Richard Neal predicted a "very hard" path through Congress for the deal.[82] Starting March 7, senior White House officials met with House Ways and Means members, as well as moderate caucuses from both parties, such as the Problem Solvers Caucus, the Tuesday Group, and the Blue Dog Coalition in their efforts to gain support for ratification. The Trump administration has also backed down from the threat of withdrawing from NAFTA as the negotiations with Congress continued.[83]

On May 30, 2019, USTR Lighthizer submitted to Congress a draft statement on administrative measures concerning the implementation of the U.S.-Mexico-Canada Agreement (USMCA and the new NAFTA) in accordance with the Presidential Trade Promotion Authority (TPA) Act 2015 (Statement of Administrative Action). The draft would allow USMCA implementation legislation to be submitted to Congress after 30 days, thus on or after June 29. In a letter[84] sent to Nancy Pelosi, Speaker of the House of Representatives, and Kevin McCarthy, House Minority Leader, Lighthizer said that the USMCA is the gold standard in U.S. trade policy, modernizing U.S. competitive digital trade, intellectual property, and services provisions and creating a level playing field for U.S. companies, workers and farmers, an agreement that represents a fundamental rebalancing of trade relations between Mexico and Canada.

With the draft statement on administrative measures submitted, Speaker Pelosi issued a statement that U.S. Trade Representative Lighthizer should confirm that the draft wording of the USMCA would benefit U.S. workers and farmers and that although she agreed on the need to revise NAFTA, stricter enforcement of labor and environmental protection standards was needed.[85]

President Donald Trump warned on September 25, 2019 that an impeachment inquiry against him could derail congressional approval of USMCA, dragging down Mexico's peso and stock market as investors fled riskier assets.[86]

The U.S. House of Representatives was proceeding with work on USMCA, U.S. House Speaker Nancy Pelosi said on September 26, 2019.[87]

Bloomberg News reported on October 29, 2019, that the Trump administration planned to include in the legislation approving the pact a provision that would allow the USTR to directly control how and where cars and parts are made by global automakers.[88]

On December 19, 2019, the United States House of Representatives passed the USMCA with bipartisan support by a vote of 385 (Democratic 193, Republican 192) to 41 (Democratic 38, Republican 2, Independent 1).[89][90] On January 16, 2020, the United States Senate passed the trade agreement by a vote of 89 (Democratic 38, Republican 51) to 10 (Democratic 8, Republican 1, Independent 1)[91] and the bill was forwarded to the White House for Trump's signature.[92] On January 29, 2020, Trump signed the agreement into law (Public Law No: 116–113).[93] It officially amended NAFTA[94] but not the 1989 Canada–United States Free Trade Agreement which is only "suspended," so in case parties fail to extend or renew it in 6 years, FTA would become the law.[95][96]

On April 24, 2020, Lighthizer gave official notice to Congress that the new trade deal was set to come to force on July 1, 2020, and notified Canada and Mexico to that effect.[97][98] On June 1, 2020, the USTR released the "Uniform Regulations",[99] which help interpret the different chapters of the USMCA, primarily chapters 4–7, paving the way for the Agreement to take effect domestically; NAFTA was consequently replaced the following month, on July 1, 2020.[100]

Mexico Edit

Treaty between Mexico, the United States and Canada
 
Congress of the Union
  • Modifying Protocol to the Agreement between the United Mexican States, the United States of America, and Canada, an instrument that modifies the Protocol that replaces the North American Free Trade Agreement with the Agreement between the United Mexican States, the United States of America and Canada.
Passed bySenate of the Republic
Passed12 December 2019 (107-1)
Legislative history
Introduced byFederal Executive Power
Introduced10 December 2019
Status: In force

On November 27, 2018, the government of Mexico said it would give to Jared Kushner its highest civilian honor, the Order of the Aztec Eagle, for his work in negotiating the USMCA.[101]

On June 19, 2019, the Senate of Mexico passed the treaty's ratification bill on first reading in a 114–4 vote, with three abstentions.[102] The treaty was passed on its second and final reading by the Senate on December 12, 2019, by a vote of 107–1.[103]

On April 3, 2020, Mexico announced it was ready to implement the agreement, joining Canada,[19] though it requested that its automotive industry be given extra time to comply.[104]

Manufacturing in Mexico accounts for 17% of GDP.[105] However, Andrés Manuel López Obrador, the Mexican president believes that this trade deal will be a net positive for the Mexican economy by growing foreign investments, creating jobs, and expanding trade.[106]

Canada Edit

Canada–United States–Mexico Agreement Implementation Act
 
Parliament of Canada
  • An Act to implement the Agreement between Canada, the United States of America and the United Mexican States
Passed byHouse of Commons
Passed13 March 2020
Passed bySenate
Passed13 March 2020
Royal assent13 March 2020
Legislative history
First chamber: House of Commons
Bill titleC-4
Introduced byChrystia Freeland, Minister of Intergovernmental Affairs
Status: In force

On May 29, 2019, prime minister Justin Trudeau introduced a CUSMA implementation bill[107] in the House of Commons.[108] On June 20, it passed second reading in the House of Commons and was referred to the Standing Committee on International Trade.[109]

Governor General of Canada Julie Payette declared the dissolution of the 42nd Canadian Parliament on September 11, 2019, and formally issued the writs of election for the 2019 Canadian federal election.[110] All pending legislation is scrapped upon any dissolution of Parliament, meaning that the CUSMA implementation bill needed to be re-introduced in the 43rd Canadian Parliament which began on December 5, 2019.[111][112]

On December 10, 2019, a revised CUSMA agreement was reached by the three countries. On January 29, 2020, deputy prime minister and Minister of Intergovernmental Affairs Chrystia Freeland introduced CUSMA implementation bill C-4[107] in the House of Commons and it passed first reading without a recorded vote. On February 6, the bill passed second reading in the House of Commons on a vote of 275 to 28, with the Bloc Québécois voting against and all other parties voting in favor, and it was referred to the Standing Committee on International Trade.[113][114][115] On February 27, 2020, the committee voted to send the bill to the full House for third reading, without amendments.

On March 13, 2020, the House of Commons passed bill C-4 to implement CUSMA before suspending itself for 6 weeks due to the COVID-19 pandemic. Due to the "extraordinary circumstances", the third and final reading of the bill was deemed to be approved without a recorded vote, as part of an omnibus adjournment motion unanimously approved by all members present.[116] Prime Minister Justin Trudeau was not present, since he was in self-isolation at home after his wife Sophie Grégoire Trudeau tested positive for COVID-19 infection. On the same day, the Senate passed first, second, and third readings of the bill without recorded votes,[117] and Governor General Julie Payette granted royal assent and it became law, thus completing Canada's ratification of the legislation.[113][114][4]

On April 3, 2020, Canada notified the United States and Mexico that it completed its domestic ratification process of the agreement.[118]

Effects and analysis Edit

 
U.S. Vice President Mike Pence speaks in support of the USMCA in 2019
 Antigua and BarbudaArgentinaBahamasBarbadosBelizeBoliviaBrazilCanadaChileColombiaCosta RicaCubaDominicaDominican RepublicEcuadorEl SalvadorGrenadaGuatemalaGuyanaHaitiHondurasJamaicaMexicoMontserratNicaraguaPanamaParaguayPeruSaint Kitts and NevisSaint LuciaSaint Vincent and the GrenadinesSurinameTrinidad and TobagoUnited StatesUruguayVenezuelaInter-American Treaty of Reciprocal AssistanceCommunity of Latin American and Caribbean StatesLatin American Economic SystemUnion of South American NationsAmazon Cooperation Treaty OrganizationAndean CommunityMercosurCaribbean CommunityPacific AllianceALBACentral American Integration SystemCentral American ParliamentOrganisation of Eastern Caribbean StatesLatin American Integration AssociationCentral America-4 Border Control AgreementUnited States–Mexico–Canada AgreementForum for the Progress and Integration of South AmericaAssociation of Caribbean StatesOrganization of American StatesPetrocaribeCARICOM Single Market and Economy
A clickable Euler diagram showing the relationships between various multinational organisations in the Americas.vde

Similarities to NAFTA Edit

During his 2016 election campaign and presidency, Trump was highly critical of NAFTA (oftentimes describing it as "perhaps the worst trade deal ever made")[119] while extolling USMCA as "a terrific deal for all of us."[120] The USMCA is very similar to NAFTA, carrying over many of the same provisions and making only modest, mostly cosmetic changes,[121] and is expected to have only a minor economic effect.[122] Former U.S. Trade Representative Mickey Kantor, who oversaw the signing of NAFTA during the Bill Clinton administration, said, "It's really the original NAFTA."[123]

Response Edit

Representatives from the American Federation of Labor and Congress of Industrial Organizations (AFL–CIO) have criticized the labor standards in the USMCA as unenforceable and toothless.[124] Senator Elizabeth Warren of Massachusetts said "the new rules will make it harder to bring down drug prices for seniors and anyone else who needs access to life-saving medicine",[125] reflecting on the measure that expands the patent length for biological substances to 10 years, limiting access for new generic drugs to enter the market.

The Trump administration's Office of the U.S. Trade Representative has proposed the USMCA, citing new digital trade measures, the strengthening of protection for trade secrets, and the automobile rules-of-origin adjustments, as some of the benefits of the trade agreement.[126]

In 2018 Jim Balsillie, former chair of once-dominant handheld telephone firm Research In Motion, wrote that the "colonial supplicant attitude" of Canadian politicians was a wrong-headed approach to the data and IP provisions of the USMCA.[20]

A report published in summer 2018 was that the National Research Council of Canada feared that domestic firms run the risk of becoming "data cows" of foreign big data under the provisions of the USMCA.[20]

Economic effects Edit

USMCA is projected to have a very small effect on the economy.[122] An International Monetary Fund (IMF) working paper issued in late March 2019 found that the agreement would have "negligible" effects on the broad economy.[122][127] The IMF study projected that the USMCA "would adversely affect trade in the automotive, textiles and apparel sectors, while generating modest aggregate gains in terms of welfare, mostly driven by improved goods market access, with a negligible effect on real GDP."[127] The IMF study noted that the USMCA's economic benefits would be greatly enhanced if there were an end to the Trump trade war (i.e., if the U.S. eliminated tariffs on steel and aluminum imports from Canada and Mexico, and Canada and Mexico dropped retaliatory tariffs on imports from the U.S.)[127]

An April 2019 International Trade Commission analysis on the likely effect of the USMCA estimated that the agreement, when fully implemented (six years following ratification) would increase U.S. real GDP by 0.35% and would increase U.S. total employment by 0.12% (176,000 jobs).[128][129] The analysis cited by another study from the Congressional Research Service found the agreement would not have a measurable effect on jobs, wages, or overall economic growth.[128] In the summer of 2019, Trump's top economic advisor Larry Kudlow (the director of the National Economic Council in the Trump White House) made unsupported claims regarding the likely economic benefits of the agreement, overstating projections related to jobs and GDP growth.[128]

In December 2019, Thea M. Lee and Robert E. Scott of the Economic Policy Institute criticized USMCA as "weak tea, at best" because it would have "virtually no measurable impacts on wages or incomes for U.S. workers," noting that "The benefits are tiny, and it's highly uncertain whether the deal will be a net winner or loser, in the end."[130]

In June 2020, the Nikkei Asian Review reported that Japanese auto companies are opting to "triple Mexican pay rather than move to US" in order to avoid tariffs on automotive parts.[131]

See also Edit

Notes Edit

  1. ^ Commonly known as the United States–Mexico–Canada Agreement (USMCA) in the United States and the Canada–United States–Mexico Agreement (CUSMA) in Canada.
  2. ^ The full list of differences between USMCA and NAFTA is listed on the website of the United States Trade Representative (USTR): "UNITED STATES–MEXICO–CANADA TRADE FACT SHEET Modernizing NAFTA into a 21st Century Trade Agreement". ustr.gov. 2020. from the original on November 26, 2020. Retrieved February 18, 2020.

References Edit

  1. ^ a b c d "Agreement between the United States of America, the United Mexican States, and Canada 12/13/19 Text". ustr.gov. Office of the United States Trade Representative. December 13, 2019. from the original on June 8, 2020. Retrieved June 15, 2020.
  2. ^ "Mexico first to ratify USMCA trade deal, Trump presses U.S. Congress to do same". Reuters. June 19, 2019. from the original on November 26, 2020. Retrieved January 29, 2020.
  3. ^ "Trump Signs Trade Deal With Canada and Mexico". New York Times. January 29, 2020. from the original on June 29, 2020. Retrieved January 29, 2020.
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Further reading Edit

  • Beaulieu, Eugene, and Dylan Klemen. "You Say USMCA or T-MEC and I Say CUSMA: The New NAFTA-Let's Call the Whole Thing On." The School of Public Policy Publications (2020) online.

External links Edit

  • Agreement between the United States of America, the United Mexican States, and Canada 12/13/19 Text, subject to legal review on the official website of the Office of the United States Trade Representative.

united, states, mexico, canada, agreement, usmca, redirects, here, geographic, code, locode, usmca, branch, united, states, marine, corps, united, states, marine, corps, aviation, agreement, between, united, states, america, united, mexican, states, canada, us. USMCA redirects here For the geographic code see UN LOCODE USMCA For the air branch of the United States Marine Corps see United States Marine Corps Aviation The Agreement between the United States of America the United Mexican States and Canada USMCA 1 Note 1 is a free trade agreement between Canada Mexico and the United States It replaced the North American Free Trade Agreement NAFTA implemented in 1994 2 3 4 and is sometimes characterized as NAFTA 2 0 5 6 7 or New NAFTA 8 9 since it largely maintains or updates the provisions of its predecessor 10 USMCA created one of the world s largest free trade zones 11 spanning roughly 500 million people and totaling over 26 trillion in GDP PPP Agreement between the United States of America the United Mexican States and CanadaUnited States Mexico Canada Agreement USMCA American English Canada United States Mexico Agreement CUSMA Canadian English Tratado entre Mexico Estados Unidos y Canada T MEC Spanish Accord Canada Etats Unis Mexique ACEUM French TypeFree trade agreementDrafted30 September 2018Signed30 November 2018 10 December 2019 revised version LocationMexico City MexicoEffective1 July 2020Condition3 months after notification of each state that all internal procedures have been completedExpirationUpon end of 16 year term renewable RatifiersCanada Mexico United StatesLanguagesEnglishFrenchSpanishWikisource has original text related to this article United States Mexico Canada Agreement USMCA resulted from renegotiations between the NAFTA member states beginning in 2017 characterized as tumultuous 12 these centered primarily on auto exports steel and aluminum tariffs and the dairy egg and poultry markets 13 All sides came to a formal agreement on October 1 2018 14 and U S President Donald Trump proposed USMCA during the G20 Summit the following month where it was signed by himself Mexican President Enrique Pena Nieto and Canadian Prime Minister Justin Trudeau A revised version reflecting additional consultations was signed on December 10 2019 and ratified by all three countries with Canada being the last to ratify on March 13 2020 Following notification by all three governments that the provisions were ready for domestic implementation the agreement came into effect on July 1 2020 15 16 17 18 19 USMCA is primarily a modernization of NAFTA namely with respect to intellectual property and digital trade 20 21 and borrows language from the Comprehensive and Progressive Agreement for Trans Pacific Partnership CPTPP of which Canada and Mexico are signatories Key changes from its predecessor include increased environmental and working regulations greater incentives for automobile production in the U S with quotas for Canadian and Mexican automotive production more access to Canada s dairy market and an increased duty free limit for Canadians who buy U S goods online 21 22 Note 2 Contents 1 Background and nomenclature 2 Negotiations 3 Provisions 3 1 Dairy 3 2 Automobiles 3 3 De minimis 3 4 Labor 3 5 Intellectual property 3 5 1 Pharmaceuticals 3 6 Elimination of foreign office and local presence requirements 3 7 Dispute settlement mechanisms 3 8 Beyond the Border accord 3 9 Sunset clause 3 10 Currency 3 11 Article 32 10 3 12 Against exchange rate manipulation 3 13 Against state owned enterprises 4 Status 4 1 United States 4 2 Mexico 4 3 Canada 5 Effects and analysis 5 1 Similarities to NAFTA 5 2 Response 5 3 Economic effects 6 See also 7 Notes 8 References 9 Further reading 10 External linksBackground and nomenclature EditMain articles Economy of the United States Economy of Mexico and Economy of Canada The United States Mexico Canada Agreement is based substantially on the North American Free Trade Agreement NAFTA which came into effect on January 1 1994 The present agreement was the result of more than a year of negotiations including possible tariffs by the United States against Canada in addition to the possibility of separate bilateral deals instead 23 During the 2016 U S presidential election Donald Trump s campaign included the promise to renegotiate NAFTA or cancel it if re negotiations were to fail 24 Upon election Trump proceeded to make a number of changes affecting trade relations with other countries 25 withdrawing from the Paris Agreement ceasing to be part of negotiations for the Trans Pacific Partnership and significantly increasing tariffs with China reinforcing that he was serious about seeking changes to NAFTA while drawing wide criticism as well 26 One journal article noted that much of the debate surrounding the virtues and faults of the USMCA is similar to that surrounding all free trade agreements FTAs for instance the nature of FTAs as public goods potential infringements of national sovereignty and the role of business labor environmental and consumer interests in shaping the language of trade deals 27 The agreement is referred to differently by each signatory in the United States it is called the United States Mexico Canada Agreement USMCA 1 28 in Canada it is officially known as the Canada United States Mexico Agreement CUSMA in English 29 and the Accord Canada Etats Unis Mexique ACEUM in French 30 and in Mexico it is called Tratado entre Mexico Estados Unidos y Canada T MEC 31 32 The agreement is sometimes referred to as New NAFTA 33 34 in reference to the previous trilateral agreement it is meant to supersede the North American Free Trade Agreement NAFTA Negotiations EditThis section may be confusing or unclear to readers Please help clarify the section There might be a discussion about this on the talk page April 2022 Learn how and when to remove this template message nbsp A visualization of the timeline for the USMCA ratification process in the US as prescribed by Trade Promotion AuthorityThe formal negotiation process began on May 18 2017 when the US Trade Representative USTR Robert Lighthizer notified Congress that he intended to renegotiate NAFTA starting in 90 days 35 In accordance with Trade Promotion Authority statutes the USTR released its key negotiating objectives document on July 7 2017 Negotiations began on August 16 2017 and continued with eight formal rounds of talks until April 8 2018 Lacking any resolution Lighthizer stated on May 2 2018 that if by the end of the month no deal was reached negotiations would be halted until 2019 This statement was motivated by the pending change of government in Mexico in which the then incoming president Andres Manuel Lopez Obrador disagreed with much of the negotiated language and might be unwilling to sign the deal Separately on May 11 2018 Speaker of the House Paul Ryan set May 17 as a deadline for Congressional action This deadline was disregarded and the deal with Mexico was not reached until August 27 2018 35 At this time Canada had not agreed to the presented deal Because Mexico s outgoing president Enrique Pena Nieto left office on December 1 2018 and 60 days are required as a review period the deadline for providing the agreed text was the end of September 30 2018 which was reached precisely on September 30 Negotiators worked around the clock and completed the agreement less than an hour before midnight of that date on a draft text The next day on October 1 2018 the USMCA text was published as an agreed to document Lighthizer credited Jared Kushner with architecting the deal and rescuing it several times from collapse 36 The agreed text of the agreement was signed by leaders of all three countries on November 30 2018 as a side event to the 2018 G20 summit in Buenos Aires Argentina 37 The English Spanish and French versions would be equally authentic and the agreement would take effect after ratification from all three states through the passage of enabling legislation 38 nbsp Canadian Prime Minister Justin Trudeau greets U S Ambassador Kelly Craft in 2019 U S Ambassador to Canada Kelly Craft played a leadership role in trade negotiations between the US and Canada resulting in the signing of the new trade agreement 39 Her work in hammering out the trilateral agreement raised her stock with the Trump administration 40 It was later revealed in a memoir published by Stephen Schwarzman the CEO and founder of American LBO specialist The Blackstone Group that he had incited Justin Trudeau to concede the protected dairy market in the USMCA negotiations According to Schwarzman Trudeau feared that a recession would affect his government s prospects during the 2019 Canadian federal election The executive who had been retained by Trump also was invited in January 2017 to address the Liberal Cabinet at a Calgary retreat when the Cabinet would be unprotected by its Privy Council Office civil servants Then as the negotiations reached their end on October 1 2018 at a last minute behind the scenes meeting at the United Nations in New York City Trudeau sacrificed the dairy industry to save the media industry and the automotive exemption Chrystia Freeland the Foreign Affairs minister from Trinity Spadina riding in downtown Toronto whose constituents include many staff of the CBC and The Globe and Mail and the Toronto Star and the Toronto Sun maps Canadian culture directly onto the media industry Robert Fife in an election cycle article failed to obtain any comment from other than the Liberal party 41 Fox News reported on December 9 2019 that negotiators from the three countries reached an agreement on enforcement paving the way for a final deal within 24 hours and ratification by all three parties before the end of the year Mexico agreed to the enforcement of a minimum wage of US 16 hour for Mexican automotive workers by a neutral third party Mexico which imports all of its aluminum also expressed opposition to provisions regarding American steel and aluminum contents in automobile components 42 Provisions EditProvisions of the agreement cover a wide range including agricultural produce homelessness manufactured products labor conditions digital trade among others Some of the more prominent aspects of the agreement include giving US dairy farmers greater access to the Canadian market guidelines to have a higher proportion of automobiles manufactured amongst the three nations rather than imported from elsewhere and retention of the dispute resolution system similar to that included in NAFTA 38 43 Dairy Edit The dairy provisions give the U S tariff free access to 3 6 up from 3 25 under the never ratified Trans Pacific Partnership of the 15 2 billion as of 2016 Canadian dairy market 44 45 Canada agreed to eliminate Class 7 pricing provisions on certain dairy products while Canada s domestic supply management system remains in place 46 Canada agreed to raise the duty free limit on purchases from the U S to 150 from the previous 20 level allowing Canadian consumers to have greater duty free access to the U S market 47 Automobiles Edit Automobile rules of origin ROO requirements mandate that a certain portion of an automobile s value must come from within the governed region In NAFTA the required portion was 62 5 percent The USMCA increases this requirement by 12 5 percentage points to 75 percent of the automobile s value The initial proposal from the Trump administration was an increase to 85 percent and an added stipulation that 50 percent of the automotive content be made by United States auto manufacturers 35 While the deal s text did not include the more demanding version of this provision there is concern that the increased domestic sourcing aimed at promoting US employment will come with higher input costs and disruptions to existing supply chains 48 De minimis Edit To facilitate greater cross border trade the United States has reached an agreement with Mexico and Canada to raise its de minimis shipment value levels Canada will raise its de minimis level for the first time in decades from C 20 US 16 to C 40 US 32 for taxes Canada will also provide for duty free shipments up to C 150 US 120 Mexico will continue to provide US 50 tax free de minimis and also provide duty free shipments up to the equivalent level of US 117 Shipment values up to these levels would enter with minimal formal entry procedures making it easier for more businesses especially small and medium sized ones to be a part of cross border trade Canada will also allow 90 days after entry for the importer to make payment of taxes Labor Edit nbsp US Vice President Mike Pence speaks about the USMCA at a Uline distribution center in Pleasant Prairie Wisconsin in October 2019USMCA Annex 23 A requires Mexico to pass legislation that improves the collective bargaining capabilities of labor unions 49 The specific standards Mexico is required to comply with are detailed in the International Labour Organization s Convention 98 on freedom of association and collective bargaining The administration of Mexico s president Andres Manuel Lopez Obrador introduced legislation in late 2018 which pursues compliance with these international standards Other labor related measures include a minimum wage requirement in the automotive industry Specifically 40 to 45 percent of the automobiles manufactured in North America must be made in a factory that pays a minimum of 16 per hour 48 This measure will be phased in during the first five years after USMCA ratification Intellectual property Edit The USMCA extends the copyright length in Canada to life plus 70 years and 75 years for sound recordings 50 Furthermore biotechnological firms would have at least 10 years exclusivity period for agricultural chemicals double the current 5 and industrial designs period would jump from current 10 to 15 years Compared to NAFTA USMCA would require criminal penalties and civil remedies be available for both satellite and cable theft reaffirm the Doha Declaration on the TRIPS Agreement and Public Health contain the strongest due process and transparency requirements for Geographic Indicator protection systems in any FTA require criminal procedures and penalties for recording copyrighted movies in movie theaters and require ex officio authority for customs officials to stop suspected counterfeit goods 51 Pharmaceuticals Edit USMCA provides for a patent term extension where there is an unreasonable curtailment of a pharmaceutical s patent term stemming from delays in the regulatory or marketing approval process 52 USMCA accounts for data exclusivity of new pharmaceutical products New pharmaceutical products are those which do not contain a chemical entity that has been previously approved in that Party 1 Generic manufacturers are prohibited from relying on the innovator s previously undisclosed safety efficacy testing for at least five years from the date marketing approval was first granted 53 Mexico agreed to extend its data protection of new pharmaceutical products 54 Canada s data protection regime already offered an eight year exclusivity period for innovative drugs and thus was not required to make changes 55 Initially the parties contemplated creating an exclusivity period for new products containing biologics for at least ten years from the approval date Biologics are defined as a product that is produced using biotechnology processes and that is or alternatively contains a virus therapeutic serum toxin antitoxin vaccine blood blood component or derivative allergenic product protein or analogous product for use in human beings for the prevention treatment or cure of a disease or condition 1 This period would have been longer than the exclusivity periods of both Canada and Mexico but shorter than that of the United States This provision was heavily criticized for its potential to limit access to biologic medications and make them unaffordable 53 56 Thus biologics were covered in the definition of new pharmaceutical products and are instead eligible for a minimum five year protection period 57 Elimination of foreign office and local presence requirements Edit The USMCA sunset clause would eliminate the need for companies to establish headquarters in any other USMCA country It will encourage cross border business by excluding US companies from the need to localize data open a Canadian or Mexican HQ For example McDonald s Canada or Apple Canada could both cease to exist and the surviving entities would be a North American McDonald s or Apple Dispute settlement mechanisms Edit There are three primary dispute settlement mechanisms contained in NAFTA Chapter 20 is the country to country resolution mechanism It is often regarded as the least contentious of the three mechanisms and it was sustained in its original NAFTA form in USMCA Such cases would involve complaints between USMCA member states that a term of the agreement had been violated 58 Chapter 19 disputes manage the justifications of anti dumping or countervailing duties Without Chapter 19 the legal recourse for managing these policies would be through the domestic legal system Chapter 19 specifies that a USMCA Panel will hear the case and act as an International Trade Court in arbitrating the dispute 58 The Trump administration attempted to remove Chapter 19 from the new USMCA text though it has thus far endured in the agreement Chapter 11 is the third mechanism known as investor state dispute settlement wherein multinational corporations are enabled to sue participating governments over allegedly discriminatory policies Chapter 11 is broadly considered the most controversial of the settlement mechanisms 59 The Canadian negotiators effectively removed themselves from Chapter 11 in the USMCA version of this measure Chapter 14 60 Canada will have a full exemption from ISDS three years after NAFTA has been terminated 59 60 Beyond the Border accord Edit In addition to building on the existing NAFTA fused with elements from the Trans Pacific Partnership the USMCA also incorporates elements from the Beyond the Border accord signed by Prime Minister Stephen Harper and former president Barack Obama most notably the single window initiative and folding the Regulatory Cooperation Council into the Good Regulatory Governance chapter 28 of the new accord 61 Sunset clause Edit Additionally there is a stipulation that the agreement itself must be reviewed by the three nations every six years with a 16 year sunset clause The agreement can be extended for additional 16 year terms during the six year reviews 62 The introduction of the sunset clause places more control in shaping the future of the USMCA in the hands of domestic governments However there is concern that this can create greater uncertainty Sectors such as automotive manufacturing require significant investment in cross border supply chains 63 Given the dominance of the United States consumer market this will likely pressure firms to locate more production in the US with a greater likelihood of increased production costs for those vehicles 64 Currency Edit A new addition in the USMCA is the inclusion of Chapter 33 which covers Macroeconomic Policies and Exchange Rate Matters This is considered significant because it could set a precedent for future trade agreements 65 Chapter 33 establishes requirements for currency and macroeconomic transparency which if violated would constitute grounds for a Chapter 20 dispute appeal 65 The US Canada and Mexico are all currently in compliance with these transparency requirements in addition to the substantive policy requirements which align with the International Monetary Fund Articles of Agreement 66 Article 32 10 Edit The USMCA will affect how member countries negotiate future free trade deals Article 32 10 requires USMCA countries to notify USMCA members three months in advance if they intend to begin free trade negotiations with non market economies Article 32 10 permits USMCA countries the ability to review any new free trade deals members agree to go forward Article 32 10 is widely speculated to be targeting China in intent 67 In fact a senior White House official said in connection to the USMCA deal that We have been very concerned about the efforts of China to essentially undermine the US position by entering into arrangements with others 68 Against exchange rate manipulation Edit The USMCA countries are to abide IMF standards aimed to prevent the manipulation of exchange rates The agreement calls for public disclosure of market interventions The IMF can be summoned to act as a referee if the parties dispute 68 Against state owned enterprises Edit State owned enterprises which are favored by China as levers for exercising its dominance are prevented from receiving unfair subsidies when compared to private enterprise 68 Status Edit nbsp Outgoing Mexican President Enrique Pena Nieto U S President Donald Trump and Canadian Prime Minister Justin Trudeau sign the agreement during the G20 summit in Buenos Aires Argentina on November 30 2018 The USMCA was signed on November 30 2018 by all three parties at the G20 summit in Buenos Aires as had been planned the preceding months 69 70 However continue disputes over labor rights steel and aluminum prevented ratification of this version of the agreement 71 72 Consequently Canadian Deputy Prime Minister Chrystia Freeland U S Trade Representative Robert Lightizer and Mexican Undersecretary for North America Jesus Seade formally signed a revised agreement on December 10 2019 which was ratified by all three countries by March 13 2020 United States Edit United States Mexico Canada Agreement Implementation Act nbsp Long titleTo implement the Agreement between the United States of America the United Mexican States and Canada attached as an Annex to the Protocol Replacing the North American Free Trade Agreement Acronyms colloquial USMCAEnacted bythe 116th United States CongressCitationsPublic lawPub L Tooltip Public Law United States 116 113 text PDF Legislative historyIntroduced in the House of Representatives as H R 5430 by Steny Hoyer D MD on December 13 2019Committee consideration by House Ways and Means House Education and Labor House Natural Resources House Foreign Affairs House Judiciary House Budget House Transportation House Financial Services House Agriculture House Energy and Commerce and House Oversight and ReformPassed the House of Representatives on December 19 2019 385 41 Passed the Senate on January 16 2020 89 10 Signed into law by President Donald Trump on January 29 2020Domestic procedures for ratification of the agreement are governed by the Trade Promotion Authority legislation otherwise known as fast track authority Growing objections within the member states about U S trade policy and various aspects of the USMCA affected the signing and ratification process Mexico stated they would not sign the USMCA if steel and aluminum tariffs remained 73 There was speculation after the results of the November 6 2018 U S midterm elections that the Democrats increased power in the House of Representatives might interfere with the passage of the USMCA agreement 74 75 Senior Democrat Bill Pascrell argued for changes to the USMCA to enable it to pass Congress 76 Republicans opposed USMCA provisions requiring labor rights for LGBTQ and pregnant workers 77 Forty Congressional Republicans urged Trump against signing a deal that contained the unprecedented inclusion of sexual orientation and gender identity language as a result Trump ultimately signed a revised version that committed each nation only to policies that it considers appropriate to protect workers against employment discrimination and clarified that the United States would not be required to introduce any additional nondiscrimination laws 78 The Canadian government expressed concern about the changes evolving within the USMCA agreement 79 On December 2 2018 Trump announced he would begin the six month process to withdraw from NAFTA adding that Congress needed either to ratify the USMCA or else revert to pre NAFTA trading rules Academics had debated whether the president can unilaterally withdraw from the pact without Congressional approval 80 On March 1 2019 organizations representing the U S agricultural sector announced their support for the USMCA and urged Congress to ratify the agreement They also urged the Trump administration to continue upholding NAFTA until the new trade agreement is ratified 81 However on March 4 House Ways and Means Chairman Richard Neal predicted a very hard path through Congress for the deal 82 Starting March 7 senior White House officials met with House Ways and Means members as well as moderate caucuses from both parties such as the Problem Solvers Caucus the Tuesday Group and the Blue Dog Coalition in their efforts to gain support for ratification The Trump administration has also backed down from the threat of withdrawing from NAFTA as the negotiations with Congress continued 83 On May 30 2019 USTR Lighthizer submitted to Congress a draft statement on administrative measures concerning the implementation of the U S Mexico Canada Agreement USMCA and the new NAFTA in accordance with the Presidential Trade Promotion Authority TPA Act 2015 Statement of Administrative Action The draft would allow USMCA implementation legislation to be submitted to Congress after 30 days thus on or after June 29 In a letter 84 sent to Nancy Pelosi Speaker of the House of Representatives and Kevin McCarthy House Minority Leader Lighthizer said that the USMCA is the gold standard in U S trade policy modernizing U S competitive digital trade intellectual property and services provisions and creating a level playing field for U S companies workers and farmers an agreement that represents a fundamental rebalancing of trade relations between Mexico and Canada With the draft statement on administrative measures submitted Speaker Pelosi issued a statement that U S Trade Representative Lighthizer should confirm that the draft wording of the USMCA would benefit U S workers and farmers and that although she agreed on the need to revise NAFTA stricter enforcement of labor and environmental protection standards was needed 85 President Donald Trump warned on September 25 2019 that an impeachment inquiry against him could derail congressional approval of USMCA dragging down Mexico s peso and stock market as investors fled riskier assets 86 The U S House of Representatives was proceeding with work on USMCA U S House Speaker Nancy Pelosi said on September 26 2019 87 Bloomberg News reported on October 29 2019 that the Trump administration planned to include in the legislation approving the pact a provision that would allow the USTR to directly control how and where cars and parts are made by global automakers 88 On December 19 2019 the United States House of Representatives passed the USMCA with bipartisan support by a vote of 385 Democratic 193 Republican 192 to 41 Democratic 38 Republican 2 Independent 1 89 90 On January 16 2020 the United States Senate passed the trade agreement by a vote of 89 Democratic 38 Republican 51 to 10 Democratic 8 Republican 1 Independent 1 91 and the bill was forwarded to the White House for Trump s signature 92 On January 29 2020 Trump signed the agreement into law Public Law No 116 113 93 It officially amended NAFTA 94 but not the 1989 Canada United States Free Trade Agreement which is only suspended so in case parties fail to extend or renew it in 6 years FTA would become the law 95 96 On April 24 2020 Lighthizer gave official notice to Congress that the new trade deal was set to come to force on July 1 2020 and notified Canada and Mexico to that effect 97 98 On June 1 2020 the USTR released the Uniform Regulations 99 which help interpret the different chapters of the USMCA primarily chapters 4 7 paving the way for the Agreement to take effect domestically NAFTA was consequently replaced the following month on July 1 2020 100 Mexico Edit Treaty between Mexico the United States and Canada nbsp Congress of the UnionLong title Modifying Protocol to the Agreement between the United Mexican States the United States of America and Canada an instrument that modifies the Protocol that replaces the North American Free Trade Agreement with the Agreement between the United Mexican States the United States of America and Canada Passed bySenate of the RepublicPassed12 December 2019 107 1 Legislative historyIntroduced byFederal Executive PowerIntroduced10 December 2019Status In forceOn November 27 2018 the government of Mexico said it would give to Jared Kushner its highest civilian honor the Order of the Aztec Eagle for his work in negotiating the USMCA 101 On June 19 2019 the Senate of Mexico passed the treaty s ratification bill on first reading in a 114 4 vote with three abstentions 102 The treaty was passed on its second and final reading by the Senate on December 12 2019 by a vote of 107 1 103 On April 3 2020 Mexico announced it was ready to implement the agreement joining Canada 19 though it requested that its automotive industry be given extra time to comply 104 Manufacturing in Mexico accounts for 17 of GDP 105 However Andres Manuel Lopez Obrador the Mexican president believes that this trade deal will be a net positive for the Mexican economy by growing foreign investments creating jobs and expanding trade 106 Canada Edit Canada United States Mexico Agreement Implementation Act nbsp Parliament of CanadaLong title An Act to implement the Agreement between Canada the United States of America and the United Mexican StatesPassed byHouse of CommonsPassed13 March 2020Passed bySenatePassed13 March 2020Royal assent13 March 2020Legislative historyFirst chamber House of CommonsBill titleC 4Introduced byChrystia Freeland Minister of Intergovernmental AffairsStatus In forceOn May 29 2019 prime minister Justin Trudeau introduced a CUSMA implementation bill 107 in the House of Commons 108 On June 20 it passed second reading in the House of Commons and was referred to the Standing Committee on International Trade 109 Governor General of Canada Julie Payette declared the dissolution of the 42nd Canadian Parliament on September 11 2019 and formally issued the writs of election for the 2019 Canadian federal election 110 All pending legislation is scrapped upon any dissolution of Parliament meaning that the CUSMA implementation bill needed to be re introduced in the 43rd Canadian Parliament which began on December 5 2019 111 112 On December 10 2019 a revised CUSMA agreement was reached by the three countries On January 29 2020 deputy prime minister and Minister of Intergovernmental Affairs Chrystia Freeland introduced CUSMA implementation bill C 4 107 in the House of Commons and it passed first reading without a recorded vote On February 6 the bill passed second reading in the House of Commons on a vote of 275 to 28 with the Bloc Quebecois voting against and all other parties voting in favor and it was referred to the Standing Committee on International Trade 113 114 115 On February 27 2020 the committee voted to send the bill to the full House for third reading without amendments On March 13 2020 the House of Commons passed bill C 4 to implement CUSMA before suspending itself for 6 weeks due to the COVID 19 pandemic Due to the extraordinary circumstances the third and final reading of the bill was deemed to be approved without a recorded vote as part of an omnibus adjournment motion unanimously approved by all members present 116 Prime Minister Justin Trudeau was not present since he was in self isolation at home after his wife Sophie Gregoire Trudeau tested positive for COVID 19 infection On the same day the Senate passed first second and third readings of the bill without recorded votes 117 and Governor General Julie Payette granted royal assent and it became law thus completing Canada s ratification of the legislation 113 114 4 On April 3 2020 Canada notified the United States and Mexico that it completed its domestic ratification process of the agreement 118 Effects and analysis Edit nbsp U S Vice President Mike Pence speaks in support of the USMCA in 2019 nbsp A clickable Euler diagram showing the relationships between various multinational organisations in the Americas v d eSimilarities to NAFTA Edit During his 2016 election campaign and presidency Trump was highly critical of NAFTA oftentimes describing it as perhaps the worst trade deal ever made 119 while extolling USMCA as a terrific deal for all of us 120 The USMCA is very similar to NAFTA carrying over many of the same provisions and making only modest mostly cosmetic changes 121 and is expected to have only a minor economic effect 122 Former U S Trade Representative Mickey Kantor who oversaw the signing of NAFTA during the Bill Clinton administration said It s really the original NAFTA 123 Response Edit Representatives from the American Federation of Labor and Congress of Industrial Organizations AFL CIO have criticized the labor standards in the USMCA as unenforceable and toothless 124 Senator Elizabeth Warren of Massachusetts said the new rules will make it harder to bring down drug prices for seniors and anyone else who needs access to life saving medicine 125 reflecting on the measure that expands the patent length for biological substances to 10 years limiting access for new generic drugs to enter the market The Trump administration s Office of the U S Trade Representative has proposed the USMCA citing new digital trade measures the strengthening of protection for trade secrets and the automobile rules of origin adjustments as some of the benefits of the trade agreement 126 In 2018 Jim Balsillie former chair of once dominant handheld telephone firm Research In Motion wrote that the colonial supplicant attitude of Canadian politicians was a wrong headed approach to the data and IP provisions of the USMCA 20 A report published in summer 2018 was that the National Research Council of Canada feared that domestic firms run the risk of becoming data cows of foreign big data under the provisions of the USMCA 20 Economic effects Edit USMCA is projected to have a very small effect on the economy 122 An International Monetary Fund IMF working paper issued in late March 2019 found that the agreement would have negligible effects on the broad economy 122 127 The IMF study projected that the USMCA would adversely affect trade in the automotive textiles and apparel sectors while generating modest aggregate gains in terms of welfare mostly driven by improved goods market access with a negligible effect on real GDP 127 The IMF study noted that the USMCA s economic benefits would be greatly enhanced if there were an end to the Trump trade war i e if the U S eliminated tariffs on steel and aluminum imports from Canada and Mexico and Canada and Mexico dropped retaliatory tariffs on imports from the U S 127 An April 2019 International Trade Commission analysis on the likely effect of the USMCA estimated that the agreement when fully implemented six years following ratification would increase U S real GDP by 0 35 and would increase U S total employment by 0 12 176 000 jobs 128 129 The analysis cited by another study from the Congressional Research Service found the agreement would not have a measurable effect on jobs wages or overall economic growth 128 In the summer of 2019 Trump s top economic advisor Larry Kudlow the director of the National Economic Council in the Trump White House made unsupported claims regarding the likely economic benefits of the agreement overstating projections related to jobs and GDP growth 128 In December 2019 Thea M Lee and Robert E Scott of the Economic Policy Institute criticized USMCA as weak tea at best because it would have virtually no measurable impacts on wages or incomes for U S workers noting that The benefits are tiny and it s highly uncertain whether the deal will be a net winner or loser in the end 130 In June 2020 the Nikkei Asian Review reported that Japanese auto companies are opting to triple Mexican pay rather than move to US in order to avoid tariffs on automotive parts 131 See also Edit nbsp Economics portal nbsp North America portal nbsp Canada portal nbsp Mexico portal nbsp United States portal nbsp Wikisource has original text related to this article President Biden and President Lopez Obrador Joint Statement North American integration Comprehensive and Progressive Agreement for Trans Pacific Partnership CPTPP North American Free Trade Agreement NAFTA North American Leaders Summit NALS Trans Pacific Partnership TPP US public opinion on the North American Free Trade Agreement China United States trade warNotes Edit Commonly known as the United States Mexico Canada Agreement USMCA in the United States and the Canada United States Mexico Agreement CUSMA in Canada The full list of differences between USMCA and NAFTA is listed on the website of the United States Trade Representative USTR UNITED STATES MEXICO CANADA TRADE FACT SHEET Modernizing NAFTA into a 21st Century Trade Agreement ustr gov 2020 Archived from the original on November 26 2020 Retrieved February 18 2020 References Edit a b c d Agreement between the United States of America the United Mexican States and Canada 12 13 19 Text ustr gov Office of the United States Trade Representative December 13 2019 Archived from the original on June 8 2020 Retrieved June 15 2020 Mexico first to ratify USMCA trade deal Trump presses U S Congress to do same Reuters June 19 2019 Archived from the original on November 26 2020 Retrieved January 29 2020 Trump Signs Trade Deal With Canada and Mexico New York Times January 29 2020 Archived from the original on June 29 2020 Retrieved January 29 2020 a b Canadian Parliament rushes through ratification of USMCA trade pact Reuters March 13 2020 Archived from the original on November 26 2020 Retrieved March 14 2020 Long Heather The USMCA is finally done Here s what is in it Washington Post Archived from the original on November 26 2020 Retrieved February 18 2020 Lea Brittany De November 30 2018 NAFTA 2 0 What to know FOXBusiness Archived from the original on November 26 2020 Retrieved February 18 2020 Montes Juan February 13 2019 Strikes at Low Wage Plants Signal Revival of Labor Demands in Mexico Wall Street Journal Archived from the original on November 26 2020 Retrieved February 18 2020 via www wsj com Swanson Ana Tankersley Jim January 29 2020 Trump Just Signed the U S M C A Here s What s in the New NAFTA The New York Times ISSN 0362 4331 Archived from the original on November 26 2020 Retrieved July 2 2020 Under USMCA Canada rolls with new NAFTA FreightWaves July 1 2020 Archived from the original on November 26 2020 Retrieved July 2 2020 Swanson Ana Tankersley Jim January 29 2020 Trump Just Signed the U S M C A Here s What s in the New NAFTA Published 2020 The New York Times ISSN 0362 4331 Retrieved March 12 2021 Canada Global Affairs April 21 2022 The Canada United States Mexico Agreement GAC Retrieved October 13 2022 Swanson Ana Cochrane Emily January 29 2020 Trump Signs Trade Deal 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Machine International Monetary Fund Working Paper No 19 73 March 26 2019 a b c Gore D Angelo August 21 2019 Kudlow s Unsupported USMCA Jobs Claim FactCheck org Archived from the original on August 22 2019 Retrieved August 27 2019 United States Mexico Canada Agreement Likely Impact on the U S Economy and Specific Industry Sectors Archived February 14 2021 at the Wayback Machine with errata United States International Trade Commission Publication No 4889 Investigation No TPA 105 003 April 2019 Thea M Lee amp Robert E Scott Statement U S Mexico Canada Agreement Weak tea at best Archived February 14 2021 at the Wayback Machine Economic Policy Institution December 10 2019 Nakayama Shuji Asayama Ryo June 28 2020 Japan auto companies triple Mexican pay rather than move to US nikkei com Archived from the original on February 14 2021 Retrieved July 1 2020 Further reading EditBeaulieu Eugene and Dylan Klemen You Say USMCA or T MEC and I Say CUSMA The New NAFTA Let s Call the Whole Thing On The School of Public Policy Publications 2020 online External links EditAgreement between the United States of America the United Mexican States and Canada 12 13 19 Text subject to legal review on the official website of the Office of the United States Trade Representative Retrieved from https en wikipedia org w index php title United States Mexico Canada Agreement amp oldid 1177469701, wikipedia, wiki, book, books, library,

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