News & Analysis as of

North American Free Trade Agreement

Bennett Jones LLP

Canada Seeks Business Input on CUSMA Ahead of 2026 Joint Review

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On August 17, 2024, the Government of Canada initiated a public consultation on the operation of the Canada–United States–Mexico Agreement (CUSMA or the Agreement). The Government is seeking views on what is working well with...more

Blake, Cassels & Graydon LLP

La Cour d’appel de l’Ontario confirme la portée limitée du contrôle judiciaire des sentences arbitrales

Dans l’affaire Clayton v. Canada (Attorney General), la Cour d’appel de l’Ontario (la « CAO ») a rejeté une tentative de faire annuler une sentence arbitrale pour des motifs liés à la compétence du tribunal arbitral et à...more

Blake, Cassels & Graydon LLP

Court of Appeal Confirms Limited Scope of Judicial Oversight of Arbitral Awards

In Clayton v. Canada (Attorney General), the Ontario Court of Appeal dismissed an attempt to set aside an arbitral award on jurisdictional and public policy grounds, confirming that the grounds on which arbitral awards may be...more

Bennett Jones LLP

Amendments to Canada’s Export Control List: Addition of Quantum Computing and Advanced Semiconductors

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On July 20, 2024, an Order Amending Canada’s Export Control List (ECL) (SOR/2024-112, or the Order) came into effect. This amendment adds five new controls under Item 5506 of the ECL, extending Canada's export regulation of...more

Bennett Jones LLP

Economic Outlook: Saving, Investment and Productivity Growth - 2024 Mid-Year

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Discussions with investors in Asia, Europe and the United States provide valuable insight into the state of Canada’s economy. Views reflect reality and perception. Both matter. Investors universally envy our potential, our...more

Akin Gump Strauss Hauer & Feld LLP

Implications of US Department of Energy Decision to ‘Pause’ Authorizations of Liquefied Natural Gas Exports May Extend Beyond...

On January 26, 2024, the Biden-Harris Administration announced that it would place a temporary “pause” on pending decisions to export liquefied natural gas (LNG) to countries with which the United States has not entered into...more

Cooley LLP

US Investors Can Take Advantage of International Treaties to Structure Foreign Investments

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Investors typically consider structuring their foreign investments through jurisdictions that maximize their tax benefits. But US investors also should consider corporate structures that take advantage of investment treaties...more

Constangy, Brooks, Smith & Prophete, LLP

FY 2025 H-1B cap season has begun: What you need to know

The annual H-1B cap season has begun for Fiscal Year 2025. Once again, there will be a two-step process – the registration step and then, if the registration is selected in the H-1B cap lottery, the petition step. Now is the...more

International Lawyers Network

Establishing a Business Entity in Canada (Updated)

INTRODUCTION - Bilingual and Bi-Juridical - Canada is a bilingual, bi-juridical, and multi-cultural country, composed of 10 provinces and 3 territories. English and French are federally mandated official languages...more

Dickinson Wright

Trade Nafta (TN) Visa Holders Are NOT Free Agents – Spotting the Unauthorized Nonimmigrant for Form I-9 Compliance

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Employers continue to face compliance challenges in determining whether a new hire is work authorized for Form I-9 purposes, given the dynamic changes in immigration policy and regulation. For instance, this year alone, U.S....more

Dinsmore & Shohl LLP

Nearshoring: Mexico Aims to be the New “El Dorado” for Doing Business Abroad

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Mexico has just announced significant tax incentives for companies in certain key industries to relocate operations to Mexico. A government decree issued on October 11, 2023 seeks to boost the nearshoring trend targeting ten...more

Fisher Phillips

Viva Mexico: Why U.S. Employers are Now Spreading Their Wings in Mexico

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Mexico has gone through such sweeping labor reforms in the past few years that it now ranks as one of the best places for outsourcing and expansion. You may still be dissuaded from cross-border operations due to old...more

Sheppard Mullin Richter & Hampton LLP

Gone but Not Forgotten: The Continuing Importance of NAFTA Compliance

The North American Free Trade Agreement (NAFTA) may have been replaced effective July 1, 2020 by the United States-Mexico-Canada Agreement (USMCA), but the rules of NAFTA remain alive and well in the halls of the enforcement...more

Kelley Drye & Warren LLP

USITC Releases First Biennial Report on Economic Impact and Operation of USMCA Automotive Rules of Origin

On June 30, 2023, the U.S. International Trade Commission (ITC) released its first report on the economic impact of the United States-Mexico-Canada (USMCA) automotive rules of origin. Rules of origin (ROOs) are used to...more

Dickinson Wright

Plugged In: An EV Newsletter Vol 1 No 6

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This is the sixth edition of Plugged-In, our monthly EV newsletter. In the last six months, we have covered multiple topics such as the United States’ decoupling agenda from China (and how that may not work in the...more

Jackson Lewis P.C.

Visa Options for Foreign National Workers in the Life Sciences Industry

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As demand for talent surges in the fast-growing life sciences industry, U.S. employers continue to face challenges in their search for immigration options to retain their high-skilled foreign workers....more

Torres Trade Law, PLLC

Update on USMCA Dispute Panel Activity

The United States-Mexico-Canada-Agreement (“USMCA” or the “Agreement”) was formed to promote growth in North American trade in a way that is beneficial to each of the state parties to the Agreement. However, as with any...more

Hicks Johnson

The Sun Has Finally Set on NAFTA: Investor-State Arbitration Under the USMCA

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On July 1, 2020, the United States-Mexico-Canada Agreement (USMCA) took effect, replacing the 1994 North American Free Trade Agreement (NAFTA). The USMCA provides a three-year sunset period for investors to submit arbitration...more

Hogan Lovells

Why Mexico is attracting foreign investors considering nearshoring in the Americas

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Mexico is uniquely positioned to benefit foreign investors considering nearshoring. Not only Mexico’s geographical location in North America allures investors, but also its attractive maquila and other trade programs, labor...more

Bracewell LLP

Preserving NAFTA Legacy Rights Requires Immediate Action

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Investors from the United States, Mexico or Canada in the territory of one of the other two investment hosting states, who may have been adversely affected by the host government’s measures, need to act by the end of March...more

ArentFox Schiff

NAFTA Chapter 11 (Investments): Time to bring “Legacy Investment” Claims Running Out Soon

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The entitlement to bring claims for breaches of the investment standards and protections contained in Section A of Chapter 11 of the North American Free Trade Agreement will soon end. NAFTA countries agreed to withdraw their...more

Sheppard Mullin Richter & Hampton LLP

A Closer Look at the Recent USMCA Automobile Disputes Panel Decision

The North American and global automotive sector is watching closely to see how the United States ultimately responds to the decision of December 14, 2022, made public on January 10, 2023, which upheld Canada’s and Mexico’s...more

ArentFox Schiff

ICSID Releases 2022 Caseload Statistics: An Analytical Review and Prognosis of Investment Disputes Post-COVID-19

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On January 30, 2023, the International Centre for Settlement of Investment Disputes (ICSID) published its Caseload Statistics for the 2022 calendar year. The Caseload Statistics can be found here, and ICSID’s accompanying...more

ArentFox Schiff

The USMCA – More than A Trade Agreement, A Competitive Strategy: Four Big Questions

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In July 2020, the US-Mexico-Canada Agreement (USMCA) marked a turning point for North American cross-border trade, creating new rules and opportunities. This has been especially true for participants in the electric vehicle...more

International Lawyers Network

Establishing A Business Entity In Canada (Updated)

Bilingual and Bi-Juridical - Canada is a bilingual, bi-juridical, and multicultural country, composed of 10 provinces and 3 territories. English and French are federally mandated official languages pursuant to the...more

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