| NAFTA |
| North American FTA&EIA |
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| GOODS |
| Tariffs |
Tariffs on products covered by the Agreement were fully eliminated between the Parties as of 1 January 2008.
Accelerated elimination of tariffs was guided by Article 302 (3) of the Agreement.
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| Rules of Origin |
Defined in Chapter 4 of the Agreement. Products can qualify through Tariff Shift, Regional Value Content (RVC) or de minimis.
Product qualification for NAFTA preferential tariff treatments requires accurate HS classification with supporting documentation and official designation of the country of origin documented with NAFTA certificates
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| Contingency Measures |
| Anti - Dumping : Chapter 19 cover review and dispute settlement in antidumping and countervailing matters. |
| Countervailing Duties : Under Art 705 on Export subsidies each party retains its rights to apply countervailing duties on subsidized imports. Article 1904 provides for Review of Final Antidumping and Countervailing Duty Determinations |
| Safeguards : Chapter 8 refers to Emergencie actions: safeguards. |
Standards : |
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| SERVICES |
WTO Notification (GATS Art. V) : Notified
Date of notification 01/03/1995
Consideration Process :
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Liberalization Approach : Negative Lists
Modes Covered
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  Cross-border supply (Mode1)
Consumption abroad (Mode2)
Commercial presence (Mode3)
Presence of natural persons (Mode4)
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Specific Chapters on
Telecommunications
Professional services
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Specific Sectors Excluded
Financial services
Air transport
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Public Sectors carve-out :
Most Favoured Nation : Binding
National Treatment : Binding
Market Access : Binding
Domestic Regulation :
Subsidies covered by services disciplines : Not covered
Denial of benefits for commercial presence :
Same as for denial of benefits to investors (see below). Article 1211
Notes :
Link to schedules :
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| INVESTMENT |
Scheduling Approach : Negative Lists
Definition of investment : Covers portfolio investment
Most Favoured Nation : Binding
National Treatment : Binding
Fair and Equitable Treatment : Binding
Expropriation : Binding
Board of Directors and executive personnel : Binding
Invester - State arbitration :
Denial of Benefits :
Article 1113: if Party does not maintain diplomatic relations with the non-party owners of an enterprise, or adopts measures that prohibit transactions with the non-party owners
Additional BIT exists between the parties :
BIT list I :
Status:
BIT list II :
Status:
Notes :
Link to schedules :
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| TRADE FACILITATION |
| Customs procedures : Yes http://www.nafta-sec-alena.org/DefaultSite/index_e.aspx?DetailID=121; see also http://www.customs.ustreas.gov/xp/cgov/trade/trade_programs/international_agreements/free_trade/nafta/ |
| Customs valuation : Yes Customs Valuation Code means the Agreement on Implementation of Article VII of the GATT, including its interpretative notes |
| Trade regulations publication and administration (transparency) : No |
| E-Commerce / Paperless trade : No |
| Cooperation in trade facilitation : No |
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| OTHER AREAS |
| Government Procurement : Yes http://www.nafta-sec-alena.org/DefaultSite/index_e.aspx?DetailID=136 |
| Investment : Yes http://www.nafta-sec-alena.org/DefaultSite/index_e.aspx?DetailID=160 |
| Competition Policy : Yes http://www.international.gc.ca/trade-agreements-accords-commerciaux/agr-acc/nafta-alena/texte/chap15.aspx?lang=en |
| Intellectual Property : Yes http://www.nafta-sec-alena.org/DefaultSite/index_e.aspx?DetailID=168 |
| Dispute Settlement : Yes The NAFTA directs the governments concerned to seek to resolve their differences amicably through the NAFTA's Committees and Working Groups or other consultations. If no mutually acceptable solution is found, the NAFTA provides for expeditious and effective panel procedures. More details on http://www.nafta-sec-alena.org/DefaultSite/index_e.aspx?DetailID=175
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| Labor Mobility : No |
| Labor and Environmental Standards : Yes http://www.international.gc.ca/trade-agreements-accords-commerciaux/agr-acc/nafta-alena/side.aspx?lang=en&menu_id=36&menu=R
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| Technical cooperation : No |
| Institutional mechanism : No The Free Trade Commission, which consists of cabinet-level representatives from the three member countries, is the central institution of NAFTA. Mo9re details on http://www.international.gc.ca/trade-agreements-accords-commerciaux/agr-acc/nafta-alena/inst.aspx?lang=en |
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Notes:
http://www.nafta-sec-alena.org/DefaultSite/index.html |
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| RULES OF ORIGIN |
Cumulation
Regional cumulation, Article 404 of the Agreement. |
Specific Process
Annex 401 |
Heading Change
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De Minimis
Applies to foreign content that is less than 7% of the overall value of the product. Art 405. |
Minimum Content
Article 402 of the Agreement. Article 403 for the automotive goods. |
Drawback
Article 3003 refers to restrictions on Drawback and duty deferrals. |
Http Link
http://www.nafta-sec-alena.org/DefaultSite/index_e.aspx?DetailID=116
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Notes
basis for calculation of regional value content 50% net cost - 60% of transaction value |
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