HomeWebcastUSMCA Trade Deal: The Good, The Bad, and The Ugly
Online CLE USMCA Trade CLE

USMCA Trade Deal: The Good, The Bad, and The Ugly

Live Webcast Date: Monday, November 04, 2019 from 12:00 pm to 1:30 pm (ET)
International Trade Law (CLE)Recording

Online CLE USMCA Trade

Join us for this Knowledge Group Online CLE USMCA Trade Webinar. In November 2018, the United States–Mexico–Canada Agreement (USMCA), was officially signed. Seeking to improve the countries’ trilateral trade deal, North American Free Trade Agreement (NAFTA), the USMCA is up for the approval of the legislators in all three countries. Although this new trade deal is relatively promising, it poses a myriad of legal issues that companies must still be wary of.  As the future of the USMCA is still uncertain, companies must be thorough in analyzing its key provisions to ensure compliance and avoid pitfalls. 

Join a panel of key thought leaders and professionals assembled by The Knowledge Group as they bring the audience to a road beyond the basics of the USMCA trade deal. Speakers will provide the audience with an in-depth discussion of key provisions and will offer practical tips in maximizing opportunities while mitigating risks in this rapidly evolving legal climate.

This Webcast will discuss the following key provisions:

  • The USMCA Trade Deal: An Overview
  • Key Provisions
  • Potentials and Pitfalls
  • Practical Tips and Strategies
  • What Lies Ahead

Agenda

Bill Kitay, B.A.(Hons.), M.Sc., J.D., Senior Counsel
Pallett Valo LLP
  • Broad consensus in Canada for support of the USMCA and for free trade in general (as evidenced by participation in CPTPP, CETA, etc.);
  • But Canadian wariness of US domination leads to non-tariff barriers with respect to certain industries (such as banking, agriculture, publishing and media);
  • In the USMCA negotiations Canada made some minor concessions in some of these industries, but was able to keep protective policies in place in other industries;
  • A focus of negotiations for the Canadian team was the dispute settlement procedure and, in this area, Canada was, for the most part, successful; and
  • Ratification of the USMCA is not in doubt in Canada.

Francisco de Rosenzweig, Partner
White & Case LLP

Initial remarks

  • Why renegotiate NAFTA?.
  • What were the most controversial Renegotiation Issues?
  • Is the USMCA a better Agreement than NAFTA?

The Good (positive changes):

  • Stronger provisions on:
  • Intellectual Property Protection,
  • Labor, and
  • Environment,
  • Mexico Energy Sector added to the trade initiative
  • De Minimis

The Bad issues…:

  • Reduced Investor Protections
  • Bilateral provisions and limited scope of activities protected
  • State-to-state Dispute Settlement
  • Government Procurement
  • Steel and Aluminum Tariffs

The Ugly

  • Sixteen-year Sunset Clause
  • Automotive Rules of Origin and Related Restrictions
  • Prohibition of Mexico or Canada from Concluding an FTA with a Nonmarket Economy (e.g., China).

Arthur W. Bodek, Esq., Partner
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
  • Practical experiences of working under the NAFTA
    • Understanding the rules for determining “originating status”
    • Working one’s way through NAFTA Verifications
    • Current trade agreement enforcement environment.
  • Why migrate from NAFTA to USMCA?  What’s in it for the U.S.?
  • Political landscape for U.S. passage.

Who Should Attend

  • Business Owners
  • Business Executives
  • Top Level Management
  • Trade Practicing Lawyers
  • Trade Secret Specialists
  • Trade Counsel
  • IP Attorneys and Related
  • Investors
  • In-house Counsel
  • Automotive Manufacturing Companies
  • Dairy Market
  • Public and Private Companies
  • Other related/interested Professionals and Organizations

Online CLE USMCA Trade

Bill Kitay, B.A.(Hons.), M.Sc., J.D., Senior Counsel
Pallett Valo LLP
  • Broad consensus in Canada for support of the USMCA and for free trade in general (as evidenced by participation in CPTPP, CETA, etc.);
  • But Canadian wariness of US domination leads to non-tariff barriers with respect to certain industries (such as banking, agriculture, publishing and media);
  • In the USMCA negotiations Canada made some minor concessions in some of these industries, but was able to keep protective policies in place in other industries;
  • A focus of negotiations for the Canadian team was the dispute settlement procedure and, in this area, Canada was, for the most part, successful; and
  • Ratification of the USMCA is not in doubt in Canada.

Francisco de Rosenzweig, Partner
White & Case LLP

Initial remarks

  • Why renegotiate NAFTA?.
  • What were the most controversial Renegotiation Issues?
  • Is the USMCA a better Agreement than NAFTA?

The Good (positive changes):

  • Stronger provisions on:
  • Intellectual Property Protection,
  • Labor, and
  • Environment,
  • Mexico Energy Sector added to the trade initiative
  • De Minimis

The Bad issues…:

  • Reduced Investor Protections
  • Bilateral provisions and limited scope of activities protected
  • State-to-state Dispute Settlement
  • Government Procurement
  • Steel and Aluminum Tariffs

The Ugly

  • Sixteen-year Sunset Clause
  • Automotive Rules of Origin and Related Restrictions
  • Prohibition of Mexico or Canada from Concluding an FTA with a Nonmarket Economy (e.g., China).

Arthur W. Bodek, Esq., Partner
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
  • Practical experiences of working under the NAFTA
    • Understanding the rules for determining “originating status”
    • Working one’s way through NAFTA Verifications
    • Current trade agreement enforcement environment.
  • Why migrate from NAFTA to USMCA?  What’s in it for the U.S.?
  • Political landscape for U.S. passage.

Online CLE USMCA Trade

Online CLE USMCA Trade

Bill Kitay, B.A.(Hons.), M.Sc., J.D.Senior CounselPallett Valo LLP

Bill Kitay is a Member of Pallett Valo’s Business Law Practice and the Cross Border Services Practice.

Bill specializes in providing legal counsel on cross-border business issues, representing both Canadian entities that would like to expand into the United States and U.S. entities that would like to invest in Canada. He is the cross-border legal specialist for businesses in the GTA.

Bill is one of the few lawyers in the Province of Ontario who is called to the bar in the U.S. (in New York, Connecticut and DC) and in Ontario.

Bill was responsible for the negotiation and finalization of a Memorandum of Agreement detailing the Strategic Partnership between AmCham Canada and the U.S. Department of Commerce International Trade Administration.  This was the first time that this governmental agency entered into a Memorandum of Agreement with any Canadian enterprise.

Online CLE USMCA Trade

Francisco de RosenzweigPartnerWhite & Case LLP

Francisco de Rosenzweig is an international trade partner at White & Case in Mexico City. Francisco served as the deputy minister of foreign trade at the Ministry of the Economy from 2011-2016, where he led Mexico’s international trade negotiations including the Trans-Pacific Partnership, the Pacific Alliance, and FTA´s with Panama; Peru and with Central American countries. Francisco also represented Mexico’s interests before the World Trade Organization.

Francisco advised the Mexican top Business Council in the negotiation for the USMCA and the modernization of the Free Trade Agreement with the European Union.

Online CLE USMCA Trade

Arthur W. Bodek, Esq.PartnerGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

Arthur W. Bodek (abodek@gdlsk.com) is a partner in GDLSK’s New York office (www.gdlsk.com).  His practice is focused on import and export trade law (regulatory law impacting the international trade in goods).  Much of his work centers around developing strategies to maximize financial benefits under the Customs value and tariff classification laws, with a particular emphasis on leveraging benefits under Free Trade Agreements and other duty-free / reduced duty programs.  In addition to day-to-day counseling, Arthur regularly assists clients in connection with Customs audits, investigations and enforcement actions.

A personal career highlight was being invited to be an attorney representative on a government-sponsored trade mission to Botswana and Lesotho where he had the opportunity to meet with manufacturers, local businesses and government officials to educate them in how they could access benefits under U.S. trade laws.


Click Here to Read Additional Material

Online CLE USMCA Trade

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   General knowledge of international trade

Course Code:
   147899

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credits:
    1.5 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

Pallett Valo LLP is the largest and one of the most respected law firms in Peel Region, and has been recognized by their peers as a Top 10 Ontario Regional Law Firm in consecutive biannual surveys by Canadian Lawyer magazine in 2011, 2013, 2015, 2017 and 2019.

They provide professional services in the following areas:

  • Business Law
  • Commercial Litigation
  • Commercial Real Estate
  • Construction Law
  • Employment & Labour Law
  • Insolvency & Corporate Restructuring
  • Wills, Estates & Trusts

They have built their reputation by both protecting and growing the business assets of their clients and by offering a refreshingly distinct Right-sized Thinking® approach to service. They take the time to understand your business and industry environment and then apply their expertise, experience and entrepreneurial spirit to make the difference. They measure their success by the success of their clients.

Website: http://www.pallettvalo.com/

White & Case is truly a global law firm. The Firm’s 2,000 lawyers in 44 offices around the world are accustomed to translating creative solutions from one region or market to the realities of other regions or markets. Our International Trade group helps clients manage the risks and maximize the opportunities associated with the increasing regulation of international trade in goods and services. Our practice provides a range of services designed to match the scope of global trade regulation and to answer the needs of our clients wherever and whenever they arise.

Like our clients, we deliver our services across borders, often with teams that speak the local language and are culturally sensitive. Our trade professionals are located in the main trade regulatory centers—including Washington, Mexico City, Geneva, Brussels, and Tokyo—and they work together in integrated teams whenever necessary to help our clients.

Website: http://www.whitecase.com/

Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP is one of the nation’s largest law firms devoted exclusively to international trade and customs matters.

Its clients range from privately held companies to Fortune 100 corporations engaged in the manufacture and distribution of a host of consumer and industrial products. Its clients include domestic and foreign manufacturers, importers, exporters, trading companies, customs brokers and trade associations.

The firm’s lawyers have substantial experience practicing before the government agencies responsible for the enforcement of our international trade and customs laws such as U.S. Customs & Border Protection, the Department of Commerce, the International Trade Commission, the Court of International Trade and Department of Justice.

As a result of our many years of experience with the ever-changing international trade landscape, we are often in a unique position to anticipate problems before they arise and to resolve issues once they are identified.

Website: https://www.gdlsk.com/

Bill Kitay is a Member of Pallett Valo’s Business Law Practice and the Cross Border Services Practice.

Bill specializes in providing legal counsel on cross-border business issues, representing both Canadian entities that would like to expand into the United States and U.S. entities that would like to invest in Canada. He is the cross-border legal specialist for businesses in the GTA.

Bill is one of the few lawyers in the Province of Ontario who is called to the bar in the U.S. (in New York, Connecticut and DC) and in Ontario.

Bill was responsible for the negotiation and finalization of a Memorandum of Agreement detailing the Strategic Partnership between AmCham Canada and the U.S. Department of Commerce International Trade Administration.  This was the first time that this governmental agency entered into a Memorandum of Agreement with any Canadian enterprise.

Francisco de Rosenzweig is an international trade partner at White & Case in Mexico City. Francisco served as the deputy minister of foreign trade at the Ministry of the Economy from 2011-2016, where he led Mexico’s international trade negotiations including the Trans-Pacific Partnership, the Pacific Alliance, and FTA´s with Panama; Peru and with Central American countries. Francisco also represented Mexico’s interests before the World Trade Organization.

Francisco advised the Mexican top Business Council in the negotiation for the USMCA and the modernization of the Free Trade Agreement with the European Union.

Arthur W. Bodek (abodek@gdlsk.com) is a partner in GDLSK’s New York office (www.gdlsk.com).  His practice is focused on import and export trade law (regulatory law impacting the international trade in goods).  Much of his work centers around developing strategies to maximize financial benefits under the Customs value and tariff classification laws, with a particular emphasis on leveraging benefits under Free Trade Agreements and other duty-free / reduced duty programs.  In addition to day-to-day counseling, Arthur regularly assists clients in connection with Customs audits, investigations and enforcement actions.

A personal career highlight was being invited to be an attorney representative on a government-sponsored trade mission to Botswana and Lesotho where he had the opportunity to meet with manufacturers, local businesses and government officials to educate them in how they could access benefits under U.S. trade laws.

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