The United States and Mexico both opened public comment periods on Sept. 17 regarding the operation of the Agreement between United States of America, the United Mexican States, and Canada (USMCA) ahead of the joint review meeting that will take place in July 2026.
The USMCA provides in Article 34.7 that six years after its entry into force, the Free Trade Commission must carry out a joint review of its operation. As part of this process, all countries have created public comment periods for relevant entities to submit comments and recommendations.
Canada completed its public comment period in October 2024.
US Comment Period
The U.S. Trade Representative (USTR) published a notice in the federal register initiating the public comment process. As directed by Congress, USTR is opening a 45-day window for public comments on the agreement’s operation and will hold a public hearing on Nov. 17. USTR will consider information obtained through the public consultation process as it develops positions and recommendations for the joint review.
While comments on any aspect of USMCA are welcome, USTR specifically called for comments regarding:
- Operation and implementation of the agreement;
- Compliance-related factors impacting the investment climate in North America;
- Strategies for strengthening economic security; and
- Recommendations to promote balanced trade, new market access, and alignment on economic security with Mexico and Canada.
Written comments and requests to participate in the public hearing must be submitted through USTR’s electronic portal by 11:59 p.m. ET on Nov. 3.
Mexico Comment Period
Mexico published its “Notice announcing the opportunity to submit comments on the operation of the Agreement between the United Mexican States, the United States of America and Canada” in the Official Gazette of the Federation (DOF).
This notice creates a mechanism to collect information, comments, and recommendations from interested sectors regarding the USMCA’s performance in preparation for the joint review. The Ministry of Economy established a period of 60 calendar days, ending on Nov. 16, to submit comments, information, and recommendations. Observations may be sent electronically to consultas.tmec@economia.gob.mx, through the official website, or physically to the Office of Parties of the Ministry of Economy in Mexico City.
Considerations and Next Steps
Companies impacted by the USMCA should consider participating in the comment process. Companies that determine they should participate in this process should analyze all aspects of the agreement that impact their operations to identify possible recommendations for updates.
*Special thanks to Law Clerk Valeria De Carce and Law Clerk/JD Hugh Smachlo˘ for contributing to this GT Alert.
˘ Not admitted to the practice of law.