Ambassador Lighthizer Notifies Congress of the Administration’s Intent to Enter into NAFTA Renegotiations

May 19, 2017

Reading Time : 1 min

Today’s letter offers the administration greater flexibility in the renegotiations than the previously leaked draft letter of March 2017. Importantly, the notification also tempers the language that the administration has used to describe its negotiation plans. For example, the letter mirrors language used by pro-free trade members of Congress who recognize the importance of NAFTA to the U.S. economy while understanding the need to update the agreement to reflect modern trade efficiencies and address new trade barriers.

We expect that the NAFTA renegotiations will maintain the trilateral model of the current NAFTA and cover a variety of topics, including cybersecurity, rules of origin, Chapter 19 dispute settlement proceedings, labor and environmental standards, intellectual property rights protection, good governance (i.e., anticorruption), state-owned enterprises and agricultural issues. The recently nominated Commissioner of U.S. Customs and Border Protection (CBP), for instance, announced that he hopes to address customs cooperation issues, and he has requested that the CBP be allowed to actively participate in the negotiations. We also understand that the administration is amenable to borrowing language directly from the previously agreed-to Trans-Pacific Partnership and the Trans-Atlantic Trade and Investment Partnership agreements. Finally, we understand that there is no agreement yet on whether NAFTA renegotiation efforts would include the United States’ softwood lumber trade issues with Canada. Under TPA, USTR is required to provide more details regarding its negotiating objectives at least thirty days before it starts negotiations.

The administration and the other NAFTA parties continue to signal that they hope to conclude the renegotiations by the end of this year. However, this proposed timetable is very aggressive; thus, it would not be surprising if the renegotiations were to actually continue into next year.

Share This Insight

Previous Entries

Trade Law

2023-01-26

At the end of last year, World Trade Organization (WTO) members agreed that the 13th Ministerial Conference (MC13) of the WTO will take place in Abu Dhabi, the capital of the United Arab Emirates (UAE), in February 2024. There is no doubt that the WTO is facing headwinds and is in need of a vigorous push forward. The UAE’s success in transforming itself into a global trade and digital hub and a leader in services trade could serve to drive a successful outcome at MC13.

...

Read More

Trade Law

2023-01-17

On December 21, 2022, the appeal arbitrators in the Colombia – Frozen Fries (DS591) World Trade Organization (WTO) dispute circulated their award (the “Award”). This was the second appeal conducted under Article 25 of the WTO’s Dispute Settlement Understanding (DSU) and the first appeal under the Multi-Party Interim Appeal Arbitration Arrangement (MPIA), a framework created by a group of WTO members to overcome the challenges posed by the non-operational Appellate Body.

...

Read More

Trade Law

2022-02-10

The United Kingdom just issued a new statutory instrument, effective immediately, which extends the authority to designate persons and entities under the U.K. sanctions against Russia.

...

Read More

Trade Law

2020-06-10

We are pleased to share a recording of Akin Gump’s webinar, “Protecting the Crown Jewels - New U.K. National Security Rules for Foreign Investment in a Post-COVID-19, Post-Brexit World.

...

Read More

Trade Law

2020-05-07

The clock is ticking down to the entry into force of the United States-Mexico-Canada Agreement (USMCA) on July 1, 2020.  Leading up to that date, businesses have a unique advocacy opportunity to influence the implementing regulations and associated processes, such as legislative changes to Mexico’s domestic laws. Additionally, the Office of the U.S. Trade Representative (USTR) and U.S. Customs and Border Protection (CBP), along with their Mexican and Canadian counterparts, have begun issuing guidance for the trade community seeking to obtain the benefits of the agreement. At this time, these guidance documents include a petition process for automakers to request alternative staging for the automotive rules of origin as well as general interim implementation instructions for USMCA entries. Still to come are regulations regarding the automotive labor value content requirements and Uniform Regulations regarding the customs provisions. Akin Gump and our partners at Dorantes Advisors in Mexico City have jointly developed brief summaries of these guidance documents and a timeline of key actions still to take place prior to entry into force. The materials are available here in both English and Spanish.

...

Read More

Trade Law

2020-03-02

Last week, in a highly anticipated decision, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) concluded that Section 232 of the Trade Expansion Act of 1962 does not offend the non-delegation doctrine. To most observers, the ruling does not come as a surprise, but the story on Section 232 and the non-delegation doctrine is not yet over.

...

Read More

© 2024 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.