[Federal Register Volume 85, Number 125 (Monday, June 29, 2020)]
[Page 39037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13864]



Determination Regarding Waiver of Discriminatory Purchasing 
Requirements With Respects to Goods and Services Covered by Chapter 
Thirteen of the USMCA

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.


DATES: Applicable as of July 1, 2020.

Procurement Negotiator, [email protected] or 202-395-9581, 
or J. Daniel Stirk, Senior Associate General Counsel, 
[email protected] or 202-395-3150.

SUPPLEMENTARY INFORMATION: On June 12, 2017 (82 FR 23699), the 
President announced his intention to commence negotiations with Canada 
and Mexico to modernize the North American Free Trade Agreement 
(NAFTA). On November 30, 2018, the Governments of the United States, 
Mexico, and Canada (the Parties) signed the protocol replacing NAFTA 
with the United States-Mexico-Canada Agreement (USMCA). On December 10, 
2019, the Parties signed the protocol of amendment to the USMCA. On 
January 29, 2020, the President signed into law the United States-
Mexico-Canada Agreement Implementation Act (Pub. L. 116-113), through 
which Congress approved the USMCA. On July 1, 2020, the USMCA will 
enter in force.
    Chapter 13 of the USMCA sets forth certain obligations between the 
United States and Mexico with respect to government procurement of 
goods and services, as specified in Annex 13-A of the USMCA. Chapter 13 
of the USMCA applies only between Mexico and the United States and does 
not cover Canada.
    Section 1-201 of Executive Order 12260 of December 31, 1980 (46 FR 
1653) delegates the functions of the President under Sections 301 and 
302 of the Trade Agreements Act of 1979 (Trade Agreements Act) (19 
U.S.C. 2511-2512) to the U.S. Trade Representative.
    In conformity with Sections 301 and 302 of the Trade Agreements Act 
and Executive Order 12260, and in order to carry out U.S. obligations 
under Chapter 13 of the USMCA, the U.S. Trade Representative has 
determined that:
    1. Mexico is a country that has become a party to the USMCA and 
will provide appropriate reciprocal competitive government procurement 
opportunities to United States products and suppliers of such products. 
In accordance with Section 301(b)(1) of the Trade Agreements Act, 
Mexico is so designated for purposes of Section 301(a) of the Trade 
Agreements Act.
    2. With respect to eligible products of Mexico (i.e., goods and 
services covered by the Schedule of the United States in Annex 13-A of 
the USMCA) and suppliers of such products, the application of any law, 
regulation, procedure, or practice regarding government procurement 
that would, if applied to such products and suppliers, result in 
treatment less favorable than accorded:
    a. To United States products and suppliers of such products; or
    b. To eligible products of another foreign country or 
instrumentality which is a party to the Agreement on Government 
Procurement referred to in section 101(d)(17) of the Uruguay Round 
Agreements Act (19 U.S.C. 3511(d)(17)) and suppliers of such products, 
shall be waived.
    With respect to Mexico, this waiver shall be applied by all 
entities listed in the Schedule of the United States in Annex 13-A of 
    3. The designation in paragraph 1 and the waiver in paragraph 2 are 
subject to modification or withdrawal by the U.S. Trade Representative.

Daniel Watson,
Acting Assistant U.S. Trade Representative for Western Hemisphere, 
Office of the United States Trade Representative.
[FR Doc. 2020-13864 Filed 6-26-20; 8:45 am]