We now know the dated that the Canada-United States- Mexico Agreement (CUSMA) (or USMCA under US terminology) will enter into effect to replace the North America Free Trade Agreement (NAFTA): July 1, 2020. This does not mean that the governments are ready to enforce CUSMA – Canada, United States and Mexico must now negotiate and
What Should Canadian Companies Due Between NAFTA Modernization Rounds?
In the week of August 16, 2017, Canada’s NAFTA modernization team met in Washington D.C. with the United States Trade Representative’s NAFTA renegotiation team and Mexico’s NAFTA modernization team. At the end of the meeting, they issued a Trilateral Statement on the Conclusion of NAFTA Round One and indicated that Round Two will be held
Canada Releases List of NAFTA Modernization “Core Objectives”
On August 14, 2017, Canada’s Foreign Affairs Minister, Chrystia Freeland delivered Canada’s list of NAFTA Modernization (note, not “renegotiation”) “core objectives”. Minister Freeland stresses that Canada’s mission is a modern and progressive free trade agreement. She stressed that “Trade is about people” and jobs in Canada and Canada’s NAFTA partners. Canada’s approach will be to
What Is On Your NAFTA Renegotiation Wish List?
U.S.A.
President Trump has said that he wants to renegotiate NAFTA. Rather than taking a negative view of change, ask yourself “What is on my NAFTA Renegotation Wish List?”. What changes to NAFTA could benefit your business? What improvements to NAFTA can save your business money? What adjustments will improve your business’ supply chain? What
NAFTA Rules of Origin Renegotiation – Make Trump An Offer He Cannot Refuse
The Trump Administration has signaled that one of first areas of interest for North American Free Trade Agreement (“NAFTA”) renegotiation is the rules of origin. Rules of origin are boring, technical rules in Annex 401, which are permit goods to receive preferential duty-free treatment. Only goods that originate in a NAFTA country are entitled to
What Should Canadians Listen For While Watching the U.S. Presidential Debate
U.S.A.
Tonight is the first U.S. Presidential Debate. Every 4 years, Canadian bureaucrats and those interested in politics watch the debates looking for clues as to what good and bad may be coming. I thought it would be useful to make a list, from the perspective of a Canadian trade lawyer, of what Canadians should
Timber! Resolute Forest Products Files NAFTA Chapter 11 Notice of Intent Against Government of Canada
On December 30, 2015, Resolute Forest Products (“Resolute”) (TSX: RFP) issued a press release stating that it has filed a Notice of Arbitration under Chapter 11 of the North American Free Trade Agreement (“NAFTA”). The NAFTA Chapter 11 claim relates to measures taken by the former provincial NDP Government in Nova Scotia and the former
Proper Internal Controls: A Must
Originally published in the October 2014 Journal of Commerce on-line
When have you done enough? Based on a recent exchange in a LinkedIn discussion group, there is real disagreement. Despite that lack of concurrence, two court cases decided in the last few months again drive home the point that proper internal controls are a must.
Canada Has Not Yet Ratified the ICSID Convention
Canada signed the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID) on December 15, 2006 and investors and trade lawyers have been patiently waiting ever since for the Government of Canada to ratify the ICSID . We have been waiting and waiting.
In 2008, the Government of Canada