USMCA –Key Changes to NAFTA and Preparing for Implementation

preparing for changes to nafta

The United-States-Mexico-Canada Agreement (“USMCA”) is currently slated to take effect beginning on July 1, 2020. A review of the text of the USMCA reveals that USMCA retains many elements of the North American Trade Agreement (“NAFTA”), while displacing others with new or enhanced rules.

COVID-19 and the Impact on the Asian Apparel Industry

covid asian apparel industry

At the time of this writing, it’s not exactly another day in paradise, over 103,000 Americans are no longer with us, there are an estimated 1,500,000 confirmed U.S. cases of the coronavirus, and I am also ballparking at 40,000,000+ unemployment claims filed at the time of this writing, because just two weeks ago it was at 36,500,000.

Obtaining a USMCA Alternative Staging Regime (RTA) for automotive producers in Mexico

usmca alternative staging regime rta automotive producers

USMCA (T-MEC as it is formally called in Mexico) will enter into force on July 1, 2020. At least this is what the government of the Party members, the United States, Mexico and Canada have announced. In this case, operations occurring after this date will no longer be covered by NAFTA as this treaty will be terminated and consequently replaced by the USMCA.

Are You Gonna Sign That Thing? Getting Certified Under USMCA

get certified under usmca

One of the major changes to come out of this trade agreement is elimination of the NAFTA Certificate of Origin. Instead, the USMCA replaces the Certificate of Origin with a certification. In this regard, the USMCA will more closely resemble other free trade agreements, such as the Korean and Australian, which also utilize a certification.

Solving Trade Problems Under the New USMCA

solving trade problems usmca

This article outlines the various mechanisms available to companies that encounter problems with the implementation and operation of the United States-Mexico-Canada Agreement (USMCA) that officially replaces NAFTA on July 1, 2020. While the new agreement provides many of the same mechanisms as NAFTA, there have been significant changes.

Time to Revisit How We Define “Act of War” in Force Majeure Provisions

force majeure provisions

On May 4th, 2020, the Department of Homeland Security (“DHS”) intelligence service issued an unclassified four page report which stated in part:

[DHS Intelligence Service] assess the Chinese Government [“Peoples Republic of China” (“PRC”)] intentionally concealed the severity of COVID-19 from the International community in early January while it stockpiled medical supplies by both increasing imports and decreasing exports,” the May 1 DHS report states. (emphasis added).[1]

COVID-19 Regulatory Changes Impacting Importers and Exporters

covid 19 regulatory changes

The ongoing COVID-19 crisis has presented unique challenges for the U.S. supply chain, and for the U.S. economy as a whole. Front and center is the shortage of critical medical equipment and personal protective equipment (“PPE”), including ventilators, respirators, masks, gloves, swabs and other related equipment.