Blogs

Blogs

The changes, although significant in some cases, will not substantially alter trade flows between the three countries.

The new Free Trade Agreement between the United States, Canada and Mexico is now ready for implementation, following ratification by the congresses of the three countries. The revision of the previous treaty, which came into force in 1994, was called for by Donald Trump on his arrival at the White House, citing the trade deficit generated for the US in relation to Canada and especially Mexico. Although some significant corrections have been introduced, following the main American approaches, it does not seem that the revised agreement will substantially modify trade flows between the three countries.

Presidents Peña Nieto, Trump and Trudeau sign the agreement free trade agreement in November 2019 [US Gov.]

▲ Presidents Peña Nieto, Trump and Trudeau sign the free trade agreement in November 2019 [US Gov.]

article / Marcelina Kropiwnicka

On 1 January 1994, the North American Free Trade Agreement (NAFTA) entered into force. More than twenty years later and under the administration of President Donald Trump, the three partner countries opened a review process of agreement, now called the Free Trade Agreement between the United States, Canada and Mexico (to which each country has given a different acronym: the Mexicans call it T-MEC or TMEC, the Americans USMCA and the Canadians CUSMA).

The text of the TMEC finally ratified by the three countries is broadly consistent with the old NAFTA. However, there are particular distinctions. Thus, it includes stricter rules of origin in the automotive and textile sectors, an updated labour value content requirement in the automotive sector, increased US access to Canadian supply-managed markets, novel provisions related to financial services, and a specification on the establishment of free trade agreements with non-market economies. The joint goal is to encourage production in North America.

New developments negotiated in 2017-2018

The three parties began negotiations in the summer of 2017 and after just over a year they concluded a agreement, signed by the presidents of the three countries in November 2018. The main novelties introduced until then were the following:

1) The agreement revises the regional value content (RVC) percentage for the automotive industry. Under NAFTA, at least 62.5% of an automobile had to be made from North American parts. The TMEC raises the percentage to 75% with the intention of strengthening the countries' manufacturing capacity and increasing the strength of work in the automotive industry.

2) Along the same lines, to support employment in North America, the agreement contains new trade rules of origin to boost higher wages by mandating that 40-45% of auto manufacturing be done by workers earning at least $16 per hour on average by 2023; that's roughly three times the pay a Mexican worker normally receives today.

3) Apart from the automotive industry, the dairy market will be opened to ensure greater access for US dairy products , a demand core topic for Washington. Currently, Canada has a system of domestic quotas that were put in place to protect its farmers from foreign skill ; however, under the new TMEC agreement , changes will allow the US to export up to 3.6% of Canada's dairymarket ,an increase of 2.6% from the original NAFTA provision. Another achievement core topic for Trump was the negotiation of Canada's elimination of what are known as itsmilk classes 6 and 7.

4) Another new aspect is the sunset clause. NAFTA had an automatic sunset clause or a pre-determined end date for the agreement, which meant that any of the three parties could withdraw from the agreement, after a six-month notice of withdrawal notice ; if this did not occur, the agreement remained indefinite. However, the TMEC foresees a duration of 16 years, with the option to meet, negotiate and revise the document after six years, as well as the possibility to renew the agreement after 16 years.

5) The three-country pact also includes a chapter on work that anchors labour obligations at the core of agreement , making enforcement more demanding.

Reforms in Mexico

Precisely to make that last point more credible, US and Canadian negotiators demanded that Mexico make changes to its labour laws to speed up the process of approval and ratification of the TMEC by lawmakers in Washington and Ottawa. US House leaders had doubted Mexico's ability to comply specifically with the labour rights points of agreement. One of President Trump's main objectives in the renegotiation was to reassure US workers that the status of skill would be overcome.

Mexican President Andrés Manuel López Obrador sent a letter to the US congress guaranteeing the implementation of a four-year plan to ensure the achievement of adequate labour rights. López Obrador committed to an outlay of $900 million over the next four years to change the labour justice system and ensure that disputes between workers and employers are resolved in a timely manner. Mexico has also invested in the construction of a Federal Centre for Labour Conciliation and Registration, where labour disputes will be addressed prior to a court hearing.

Obrador showed his commitment to labour reforms by ensuring at least a 2% increase in theminimum wage in Mexico. Most importantly B is that the requirement for direct voting of union leaders will change the way workers' organisations function. With direct elections, decisions on collective agreements will be more transparent. Mexico's plan to improve the working environment will start in 2020.

What's new in 2019 to facilitate ratification

Faced with demands on the US congress , especially from the Democratic majority, to ratify the treaty, negotiators proceeded with two major revisions to NAFTA. One of them aimed primarily at revising a large number of provisions relating to intellectual property, pharmaceuticals and the digital economy:

6) The intellectual property rights chapter seeks to address US concerns to spur innovation, generate economic growth and support jobs work. For the first time, according to the US Trade Representative, the additions include: strict rules against circumvention of technological protection measures for music, movies and digital books; strong protections for pharmaceutical and agricultural innovation; broad protections against theft of trade secrets; and authority for officials to stop suspected counterfeit or pirated goods from official document .

7) A new chapter on digital trade has also been included that contains stricter controls than any other international agreement , strengthening the foundation for the expansion of trade and investment in areas where the US has a competitive advantage.

8) The final draft removes a 10-year guarantee of intellectual property protection for biological medicines, which are some of the most expensive medicines on the market. It also removes granting an additional three years of IP exclusivity for medicines for which a new use is found.

A second group of last minute changes makes reference letter for greater environmental and labour protections:

9) Environment covers 30 pages, outlining obligations to combat trafficking in wildlife, timber and fish; strengthen law enforcement to stop such trafficking; and address critical environmental issues such as air quality and marine litter. New obligations include: protection of various marine species, implementation of appropriate methods for environmental impact assessments, and alignment with obligations under seven multilateral environmental agreements. In particular, Mexico is agreement to improve surveillance to stop illegal fishing, and the three countries agree to stop subsidize fishing for overfished species. To increase environmental accountability, Democrats in the US House of Representatives called for the creation of an inter-agency oversight committee. However, the treaty does not address climate change issues.

10) To ensure that Mexico delivers on its labour promises, House Democrats forced the creation of an interagency committee to monitor the implementation of Mexico's labour reform and compliance with labour obligations. Despite the new and unique 'LVC' requirement, a labour value content rule, it will still be difficult to impose a minimum wage on Mexican automakers. However, US Democrats hope that the condition will force automakers to buy more supplies from Canada or the US, or cause automakers' wages in Mexico to rise.

The finally ratified agreement will replace the one that has been in force for 25 years. Overall, the move from NAFTA to the TMEC should not have a drastic effect on the three countries. It is a progressive agreement that will entail slight changes: certain industries will be affected, such as the automotive and dairy industries, but only to a small extent. In the long run deadline, given the changes introduced, wages should increase in Mexico, which would reduce Mexican migration to the US. Businesses will be affected in the long run deadline, but with back-up plans and new redesigns, the transition process will hopefully be smooth and mutually beneficial.

More blog entries

Publicador de contenidos

Carrera por los recursos espaciales: de la minería al control de rutas

▲ proposal of lunar base for obtaining helium, taken from ExplainingTheFuture.com [Christopher Barnatt]. GLOBAL AFFAIRS JOURNAL / Emili J. Blasco [8-page document.... ReadmoreAboutRace for space resources: from mining to route control "

Ecuador desaprovecha su salida de la OPEP y pierde producción petrolera

The country left the cartel in order to expand its pumping, but the Covid-19 crisis has cut extraction volumes by 10.8%. Construction of a variant of the pipeline that crosses the... ReadmoreAboutEcuador misses out on OPEC exit and loses oil production "

Argentina ve en Vaca Muerta una tabla de salvación, pero falta más capital para su desarrollo

The hydrocarbon field is the central axis of the Gas 2020-2023 Plan of President Alberto Fernández, which subsidizes part of the investment Activity of YPF, Argentina's state-owned oil and gas... ReadmoreAboutArgentina sees Vaca Muerta as a lifeline, but more capital is needed for its development "

El gas natural licuado cambia el juego en el hemisferio americano

U.S. LNG sales to its neighbors and exports from Latin American and Caribbean countries to Europe and Asia open new perspectives Not to depend on gas pipelines, but to be able to buy or sell... ReadmoreAboutLiquefied natural gas is a game changer in the American hemisphere "

Surinam sigue a Guyana en el ‘milagro’ petrolero

The finding of a "significant" amount of oil in off-shore wells places the former Dutch colony in the footsteps of neighboring Guyana. The intuition has proved to be right and the... ReadmoreAboutSuriname follows Guyana in the oil 'miracle' "

La minería ilegal, la otra destrucción de la Amazonía

Gold mining and oil transport pollute Amazonian rivers It is not only the fires that are negatively affecting the Amazon, which is undergoing an accelerated reduction of... ReadmoreAboutIllegal mining, the other destruction of the Amazon "

Centroamérica aprovecha sus volcanes para generación eléctrica

Geothermal energy already accounts for 7.5% of the Central American electricity mix, with installed capacity still far below the estimated potential. Volcanic activity and tectonic movement... ReadmoreAboutCentral America harnesses its volcanoes for power generation "

Jordan River Basin: Hydropolitics as an arena for regional cooperation

▲Satellite imagery of the Jordan River [NASA]. ANALYSIS / Marina Díaz Escudero Water is an essential natural resource, not only for individual survival on Earth, but also for nation-states... Read moreAboutJordan River Basin: Hydropolitics as an arena for regional cooperation "

Qué hará Bolivia con su gas natural cuando Brasil y Argentina ya no lo necesiten

The upcoming gas self-sufficiency of its two major gas-buying neighbors forces the Bolivian government to seek alternative markets Yacimientos Pretrolíferos Fiscales gas plant in... ReadmoreAboutWhat Bolivia will do with its natural gas when Brazil and Argentina no longer need it "

La nueva Guyana petrolera y su proyección internacional

One of the poorest countries in the Americas may become the world's largest oil producer per capita, disrupting the relationship with its neighbors. The promising oil discoveries... ReadmoreAboutThe new oil Guyana and its international projection "

Acuífero Guaraní: mejor que otros, pero pervivencia no asegurada

Geopolitical misgivings about perceived foreign interests should not distract beneficiary countries from implementing sustainable use. The Guarani Aquifer has given rise to a... ReadmoreAboutAquifer Guarani: better than others, but survival not assured "

El 'boom' de la quinoa

Global interest in this fashionable grain has brought additional income to Andean communities. The localization of quinoa production, especially in Peru and Bolivia (together they account for... ReadmoreAboutThe quinoa boom "

Impulso a la conexión gasística de los países de la Iniciativa de los Tres Mares

Poland-Germany struggle for influence in the European region between the Baltic, the Adriatic and the Black Sea The latest summit of the Three Seas Initiative (TMI) was attended by the... ReadmoreAboutBoosting the gas connection of the Three Seas Initiative countries "

'Guerras del agua' en Asia Central

Central Asian republics dispute scarce water resources in the Aral Sea Basin The lack of effective cooperation between the republics through which the two main water resources of the... Read moreAbout'Water Wars' in Central Asia "

The Nord Stream 2 divides the EU

The EU has backed down on the project, but Germany still gives support to the Russian initiative The project of a second set of gas pipelines through the Baltic Sea, in order to transport Russian... ReadmoreAboutThe Nord Stream 2 divides the EU "

Horizonte del consumo petrolero de América Latina

Domestic demand will increase, in contrast to more advanced regions In the coming decades, oil consumption in Latin America will continue to grow, in contrast to a trend towards... Read moreAboutLatin America's oil consumption horizon "

La batería del planeta: el litio de los salares andinos

Nearly two-thirds of the world's identified lithium reserves are located in Bolivia, Chile and Argentina. The explosion of electric vehicles using lithium-ion batteries has led to the... ReadmoreAboutThe planet's battery: lithium from the Andean salt flats "

China como potencia de recursos minerales

It generates many of the raw materials needed for global technology production. China not only has significant reserves of mineral resources, but also leads the world in the production... ReadmoreAbout China as a mineral resource powerhouse "

The 'why' of renewable energies in America

ESSAY / Martín Villegas Jordán The concept of humanity is a contemporary idea that took shape just recently. Many say that it took place after the conference of Yalta in 1945[1]. In other... ReadmoreAboutThe 'why' of renewable energies in America "

Pulso entre EE.UU. y Venezuela por el suministro de energía al Caribe

Washington's Antillean energy diversification initiative moves forward In view of the success of Venezuela's oil diplomacy in the Caribbean countries (the islands account for 13 of the 35... Read moreAboutU.S.-Venezuela energy supply pulse in the Caribbean "