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Congressional Research Service
Inforn ir g t e I ~gi Iativ. debate sinc 1914


Updated June 14, 2018


North American Free Trade Agreement (NAFTA)


Overview
NAFTA   is a free trade agreement (FTA) among the United
States, Canada, and Mexico that entered into force on
January 1, 1994 (P.L. 103-182). At the time it was
negotiated, NAFTA was unusual because it was the first
time that a U.S. FTA linked two advanced economies with
a lower income country. For this reason, the agreement
sparked debate among policymakers, industries, labor
unions, and other stakeholders about its potential benefits
and costs. NAFTA-implementing legislation included
revisions to the U.S. trade adjustment assistance program to
address production shifts and assist dislocated workers.

On May  18, 2017, the Trump Administration sent a 90-day
notification to Congress of its intent to renegotiate NAFTA,
as required by the 2015 Trade Promotion Authority (TPA).
Negotiations began on August 16, 2017, and eight formal
rounds of negotiations had taken place as of April 2018. In
May, the parties continued a permanent round of talks to
resolve contentious issues related to U.S. proposals on
automotive rules of origin, seasonal produce, dispute
settlement, and a sunset clause to reevaluate the agreement
every five years and to negotiate other issues such as labor
and intellectual property rights (IPR). The 115th Congress
may continue oversight of and its role in the negotiations,
consider whether the Administration is following
consultation requirements and negotiating objectives under
TPA, and evaluate economic implications of a new
agreement or nossible NAFTA withdrawal.


and other parts of the world, influencing negotiations in
areas such as market access, rules of origin, IPR, foreign
investment, dispute resolution, worker rights, and the
environment. NAFTA  addressed new trade policy issues
and served as a catalyst for future FTAs and concluding
multilateral negotiations. The United States now has 14
FTAs  with 20 countries.

What  Are Supporting Views?  Past and present proponents
of NAFTA  view the agreement as an opportunity for
generating economic growth, creating jobs, increasing
productivity, reducing income disparity, and strengthening
trilateral relations. They ask that the Trump Administration
do no harm in the NAFTA renegotiations.

What  Are Opposing  Views? Opponents argue that the
agreement has caused job losses in the United States as
companies moved  production to Mexico to lower costs, put
downward  pressure on U.S. wages, increased income
disparity, and has been an infringement on U.S.
sovereignty. Some labor groups ask that the NAFTA
renegotiations include stronger protection of worker rights.

Key   NAFTA Provisions
Market  Opening. An important aspect of NAFTA relates
to national treatment and market access for goods and
services. The agreement eliminated tariffs over 10 years (15
years for sensitive products) and most nontariff barriers on
North American goods, as long as they meet specific rules
of origin. Trade barriers on sensitive items, such as sugar
and corn, received the longest phase-out periods.

IPR Protection. NAFTA  was the first trade agreement to
include a chapter on IPR. It set minimum standards of
protection and enforcement for patents, copyrights,
trademarks, and other forms of IPR. It also served as a
template for the World Trade Organization's (WTO) Trade-
Related Aspects of Intellectual Property Rights Agreement.

Foreign Investment. NAFTA   removed significant
investment barriers, especially in Mexico, ensured basic
protections for NAFTA investors, and provided a
mechanism  for dispute settlement. It includes country-
specific liberalization commitments and exemptions such as
Mexico's energy sector and cultural industries in Canada.

Labor  and Environmental  Provisions. The original text
of the agreement did not include enforceable labor or
environmental provisions. Due to congressional concerns at
the time, the three countries negotiated and signed separate
side agreements. NAFTA was the first U.S. FTA with labor
and environmental commitments and dispute settlement
provisions, but these do not go as far as more recent FTAs.


Why  Is NAFTA   Important? NAFTA   initiated a new
generation of trade agreements in the Western Hemisphere

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