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USMCA Sunset/Review Clause

25 posts

Senator Toomey on the USMCA Sunset Clause

This is from the Q & A at a recent AEI event with Senator Pat Toomey, hosted by Derek Scissors: Derek Scissors: ... Let’s not talk about what we agree on. Let’s talk about what we might disagree on, or at least disagree partly on. And I’ll start

USMCA Implementing Legislation Provisions on the Sunset Clause

This is from the relevant section of the USMCA implementing legislation submitted to the House on Friday: Subtitle B—Joint Reviews Regarding Extension of USMCA SEC. 611. PARTICIPATION IN JOINT REVIEWS WITH CANADA AND MEXICO REGARDING EXTENSION OF THE TERM OF THE USMCA AND OTHER ACTION REGARDING THE USMCA. (a)

Congressional / Executive Power over Trade and the USMCA Sunset Clause

This is from Jennifer Hillman: Before it is too late, Congress should insist on including a number of items in the implementing legislation or on essential changes to the May 30, 2019, draft Statement of Administrative Action (SAA). Indeed, U.S. Trade Representative Robert Lighthizer’s transmittal letter for the

The USMCA Sunset Clause Will Not Help Much with Enforcement

A couple months ago, I pushed back on the idea that the USMCA sunset clause will help with enforcement. Now I see it popping up again. This is from Inside US Trade: ... [Tom] Vilsack also argued that the review function in the new agreement -- a watered-down version of a

Good Questions on the Sunset Clause

This is a good set of questions, as a follow-up to a recent Senate Finance Committee hearing, from Senator Toomey to U.S. Trade Representative Lighthizer on the USMCA sunset clause: The renegotiated NAFTA agreement contains a new mechanism called “Review and Term Extension,” i.e. a sunset provision,

Congress Asks Lighthizer About the Sunset Clause

I have been suggesting that Congress should clarify its role in the decision required under the USMCA's sunset clause on whether to extend the agreement, and Congressman Steven Horsford came through for me at yesterday's House Ways and Means Committee hearing (starts at 3:37:50)

Does Congress Care about Delegating More Power Over Trade to the Executive Branch Through the USMCA Sunset Clause?

Inside US Trade has a copy of the draft Statement of Administration Action for the USMCA here. One thing that jumped out at me was that there was no mention of the sunset clause, i.e., Article 34.7: Review and Term Extension. That provision states in part: 1. This

The USMCA Sunset Clause as a "Check on Bad Behavior"

This is from testimony by Beth Baltzan at a House Ways and Means Committee hearing yesterday on "Enforcement in the New NAFTA": The Ultimate Check on Bad Behavior: The Sunset Clause The history of U.S. trade policy exposes particular challenges with Europe and Japan, who have had

The Sunset Clause and Written Confirmation by the "Head of Government"

Recall that para. 3 of the new NAFTA's sunset clause says: "each Party shall confirm, in writing, through its head of government, if it wishes to extend the term of this Agreement for another 16-year period." Over on Twitter, Joel points to another Congressional/Executive

The Sunset Clause and the Congressional/Executive Balance of Power

Recall that the sunset clause in the new NAFTA says, "each Party shall confirm, in writing, through its head of government, if it wishes to extend the term of this Agreement for another 16-year period." While the written confirmation comes from the "head of government,"