The United States, Mexico and Canada have agreed on the most advanced, comprehensive and modern environmental chapter of all trade agreements. Like the working chapter, the environment chapter places all environmental provisions at the heart of the agreement and makes them enforceable. NAFTA includes three main dispute settlement mechanisms. Chapter 20 is the resolution mechanism from one country to another. It is often considered the least controversial of the three mechanisms, and it has been maintained in its original NAFTA form in the USMCA. Such cases would include complaints between USMCA member states that a provision of the agreement has been violated. [48] In Chapter 19 disputes, anti-dumping or countervailing duties are imposed. Without Chapter 19, the legal process for managing these policies would be through the national legal system. Chapter 19 states that a USMCA committee will hear the case and act as an international trade tribunal to resolve the dispute. [48] The Trump administration attempted to remove Chapter 19 of the new TEXT of the USMCA, even though it had already endured in the agreement. The Environment Chapter contains the most comprehensive enforceable environmental commitments of any previous U.S. treaty, including commitments to combat illegal trade in wildlife, timber and fish; strengthen law enforcement networks to curb this human trafficking; and address pressing environmental issues such as air quality and marine litter. An April 2019 analysis by the International Trade Commission on the likely impact of the USMCA estimated that if fully implemented (six years after ratification), the agreement would increase U.S.
real GDP by 0.35% and increase U.S. real GDP. Total employment of 0.12% (176,000 jobs). [114] [115] The analysis, cited in another Congressional Research Service study, found that the agreement would have no measurable impact on jobs, wages, or overall economic growth. [114] In the summer of 2019, Trump`s top economic adviser, Larry Kudlow (director of the National Economic Council at Trump`s White House), made unsubstantiated claims about the likely economic impact of the deal and exaggerated projections in terms of jobs and GDP growth. [114] On December 12, 2019, the Mexican Senate adopted the revised treaty by 107 votes to 1. [89] On April 3, 2020, Mexico announced that it was ready to implement the agreement and accede to Canada,[15] although it had asked to give its automotive industry more time to comply with the agreement. [90] In addition, there is a provision that the agreement itself must be reviewed by all three countries every six years, with a 16-year sunset clause.
The agreement may be extended for a further 16 years during the semi-annual examinations. [51] The introduction of the sunset clause gives more control over the future of the USMCA in the hands of national governments. However, there is concern that this could lead to greater uncertainty. Industries such as automotive require significant investments in cross-border supply chains. [52] Given the dominant position of the U.S. consumer market, this may put pressure on companies to locate more production in the U.S., which will result in a greater likelihood of increased production costs for these vehicles. [53] The United States, Mexico and Canada have also agreed on new rules for trade in certain manufacturing sectors, including information and communication technologies, pharmaceuticals, medical devices, cosmetics and chemicals. Each of the annexes contains provisions that go beyond NAFTA 1.0 and the TPP and promote improved regulatory compatibility, best regulatory practices and increased trade between countries. To facilitate greater cross-border trade, the United States has entered into an agreement with Mexico and Canada to increase their de minimis shipping values. Canada will increase its de minimis level from $20 CAD to $40 CAD for taxes for the first time in decades. Canada will also offer duty-free shipments up to a maximum of $150 CAD.
Mexico will continue to provide $50 duty-free and will also offer duty-free shipments up to the equivalent of US$117. Shipping values up to these levels would be introduced with minimum formal entry procedures, making it easier for more businesses, especially small and medium-sized enterprises, to participate in cross-border trade. .