Canada, U.S. reach new NAFTA deal

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Prime Minister Justin Trudeau leaves the Office of the Prime Minister and Privy Council after an agreement was reached in the NAFTA negotiations in Ottawa on Sunday. “It’s a good day for Canada,” Trudeau said.
Prime Minister Justin Trudeau leaves the Office of the Prime Minister and Privy Council after an agreement was reached in the NAFTA negotiations in Ottawa on Sunday. “It’s a good day for Canada,” Trudeau said.  (JUSTIN TANG / THE CANADIAN PRESS)

WASHINGTON—Canada and the U.S. have agreed on a new North American free trade agreement, concluding an acrimonious 13-month negotiation that had hindered the Canadian economy and damaged relations between the two countries.

They released the full text of the deal after 11 p.m., leaving experts little time on Sunday to pore over the specifics on which the deal will ultimately be judged. The news that they have struck any kind of deal, though, means Prime Minister Justin Trudeau has achieved a long-sought goal: convincing U.S. President Donald Trump to preserve a trade accord Trump has repeatedly threatened to terminate.

“It’s a good day for Canada,” Trudeau said as he left a late-night cabinet meeting in Ottawa, declining to take questions. On Twitter, he said, “A good day for Canada & our closest trading partners. More tomorrow…”

Trump, meanwhile, began touting the deal as a fulfilment of his campaign promise to secure a better arrangement for American workers.

“It’s a great win for the president and a validation of his strategy in the area of international trade,” said a senior Trump administration official, saying it includes a “host of provisions that will rebalance our trade relationship with Mexico and Canada.”

On Twitter on Monday morning, Trump called the deal “wonderful” and a “historic transaction.”

“It is a great deal for all three countries, solves the many deficiencies and mistakes in NAFTA, greatly opens markets to our Farmers and Manufacturers, reduces Trade Barriers to the U.S. and will bring all three Great Nations together in competition with the rest of the world,” he said.

Canadian sources said the deal would include significant protection for Canada against the auto tariffs Trump has repeatedly threatened to impose. A Canadian official said the first 2.6 million Canadian car exports to the U.S., significantly higher than the current 1.8 million, would be shielded from tariffs. Trump could hypothetically impose tariffs on cars above that number, but the threshold is so high that the Canadian official said Canada had been effectively exempted.

Both sides said there would be no changes to the “Chapter 19” dispute-resolution system or the cultural exemption Trudeau had made his “red lines” in the last weeks of the negotiations.

“We’ve had a great result for our dairy farmers,” the Trump official said.

Both sides said there had not been a resolution on the issue of the steel and aluminum tariffs Trump imposed on Canada or the retaliatory tariffs Trudeau imposed on various U.S. products.

There were no changes related to “TN” visas for professional workers. Canada had wanted the list of eligible occupations expanded, while the U.S. had wanted it reduced; they settled on leaving it the same.

Difficult NAFTA negotiations have been a significant source of tension between U.S. President Donald Trump and Prime Minister Justin Trudeau, seen here at the G7 meeting in Quebec in June.
Difficult NAFTA negotiations have been a significant source of tension between U.S. President Donald Trump and Prime Minister Justin Trudeau, seen here at the G7 meeting in Quebec in June.  (EVAN VUCCI/ASSOCIATED PRESS FILE PHOTO)

The Trump official said the two sides had agreed to phase out the investor-state dispute settlement system, “Chapter 11,” that allows corporations to sue governments. Both the Trump administration and Trudeau disliked the system, though Trudeau had not said so publicly.

Canada gave ground on intellectual property, agreeing to a U.S. demand to extend copyright terms from the previous standard — the life of the author plus 50 additional years — to the life of the author plus 70 years. Canada also agreed, according to the Canadian official, to extent certain protections for pharmaceutical patent data from eight years to 10 years, a change opposed by generic drug makers.

Canada agreed to raise its low threshold for applying duties on U.S. goods purchased by Canadian online shoppers.

The deal includes a kind of “sunset clause,” which the U.S. had wanted, but far from the five-year termination clause the U.S. had initially proposed, which Trudeau said he could not accept. Instead, the agreement is set to last for at least 16 years. After six years, the three countries would conduct a joint review and then could agree to extend the agreement for an additional 16 year. If they did not agree to a 16-year extension at the six-year mark, they would meet again every year to see if they could hash out their differences and figure out how to agree to the extension.

In a joint statement issued Sunday night, U.S. Trade Representative Robert Lighthizer and Canadian Foreign Affairs Minister Chrystia Freeland said the agreement “will result in freer markets, fairer trade and robust economic growth in our region.”

“It will strengthen the middle class, and create good, well-paying jobs and new opportunities for the nearly half billion people who call North America home,” they said. They said the agreement would be called the United States-Mexico-Canada Agreement, or USMCA.

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Word of the agreement came after 9:30 p.m. Sunday night, just before the deadline the Trump administration had set for publicly publishing the text of its preliminary agreement with Mexico. That would have started a 60-day countdown to the possibility of Trump and Mexican President Enrique Pena Nieto signing a deal that did not include Canada.

The current NAFTA will stay in effect until the end of the process of finalizing the merged three-country agreement, which is still far from over. Most critically, the legislatures of Canada, the U.S. and Mexico, which previously struck its own preliminary agreement with the U.S., must now vote in favour of the final three-country deal.

While that will not be a problem in Canada or Mexico, the U.S. Congress, which has sometimes taken years to approve trade deals struck by presidents, may prove more difficult. If Congress delays, Trump could renew his threats to terminate the current NAFTA to try to pressure Congress into accepting the new one.

Nonetheless, the agreement between Trump and Trudeau appears to put to rest, at least for now, a primary source of bilateral tension. Trump had grown increasingly critical toward Trudeau and Canada as the difficult negotiations dragged on, and he had warned that he could “ruin” the Canadian economy with car tariffs if there was no deal.

The Trump official said the deal puts “our trade relationships and hopefully our overall relationships on a better and stronger footing.”

The Sunday deal followed a weekend scramble in Ottawa and Washington. Trudeau’s top officials huddled in his office into the night on Saturday and Sunday. Trudeau arrived on Sunday night and later convened a meeting of his cabinet around 10 p.m.

Read more:

In 12 steps, how troubled NAFTA 2.0 talks unfolded

Opinion | Trudeau will benefit on NAFTA regardless of outcome

NAFTA governs more than $1 trillion in annual trade between the three countries. It guarantees tariff-free trade of most products, facilitates the movement of investment capital and professional workers across the two borders, sets rules governing hundreds of kinds of businesses and provides a system for resolving continental trade disputes.

Economists had predicted serious though not catastrophic damage to the Canadian economy if the 24-year-old NAFTA had vanished, with the losses concentrated in Ontario.

The final stage of the negotiations had focused on a small number of issues on which both sides had dug in their heels.

Canada insisted on preserving the “Chapter 19” system that allows Canada to challenge U.S. trade duties at an independent tribunal rather than in U.S. courts. The U.S. had wanted to eliminate it. Trump budged in the end.