Usmca Agreement Chapter 27admin
While the three signatory countries have a responsibility to promote anti-corruption policy, both in their private and public sectors, Mexico has the longest way to bet on the implementation of ethical codes and anti-corruption policies within its public and private institutions. Canada and the United States already have internal laws consistent with the USMCA`s anti-corruption chapter: the Foreign Corrupt Practices Act (FCPA) in the United States and, in Canada, the Canadian Corruption of Foreign Public Officials Act (CFPOA). To combat corruption, Mexico must amend its federal laws to implement the provisions at the national level, in order to submit its contractual obligations. So why should we believe that CHAPTER 27 of the USMCA will have a real impact on corruption in Mexico? The United States and Canada already have laws on the books that meet the legal requirements of USMCA Chapter 27, as well as government policies and procedures that meet many of the chapter`s administrative and advertising obligations. In particular, Chapter 27 appears to have been drafted with the United States Corruption Practices Act (FCPA) and the Canadian Corruption of Foreign Public Official Act (CFPOA) in mind. For example, the USMCA reflects both the FCPA and CFPOA prohibitions on payments to foreign officials/officials, as well as the book and registration provisions. Second, the text recognizes that it takes two (or maybe three or more) for tango. For the first time, a trade agreement recognizes the role of the private sector, civil society, non-governmental organizations and community organizations in preventing and combating corruption and, in the case of the private sector, its potential complicity. In Mexico, non-governmental organizations and civil society groups have taken matters into their own hands to address the structural causes of corruption and find ways to prevent, combat and punish corrupt practices. A particular example worth mentioning is the creation of the National Anti-Corruption System (NAS), which was eventually passed by the Mexican Congress because a coalition of civil society groups, academics and activists came. The USMCA can help strengthen the platform of these groups and give them legitimacy by continuing to raise awareness and examine government and business in the same way. The most important thing is that this can lead to other initiatives in the field of the SIN which, for lack of political will, do not yet have to be implemented in their entirety.
The main objective of Chapter 27 is to „prevent and combat corruption and corruption in international trade and investment.“ The novelty of dedicating a full chapter to strengthen the trilateral commitment to fight corruption is a victory in itself, but the key element of the inclusion of preventive measures can really make a difference in turning paper into law and action. This is particularly true in Mexico, where significant gaps remain in the implementation of the anti-corruption regulation. This new anti-corruption chapter is an official commitment by the United States, Mexico and Canada to support each nation`s efforts to fight corruption and corruption. While President Trump has implemented the USMCA, Canada still has to ratify the agreement and the three countries must implement the terms of the agreement. In particular, they must align their national rules with the conditions of the anti-corruption chapter and with the USMCA as a whole.