Since the first round of the NAFTA renegotiation process ended earlier this month, we have all wondered why we have not seen any draft text or, for that matter, any word about the elements of agreement or conflict. Now we have the explanation: At the end of July, Donald Trump forced Mexico and Canada to sign a secret “Confidentiality Agreement”, a copy of which is now in the hands of the authors. This document, the full text of which appears at the end of this bulletin, contains provisions and prohibitions of a truly revolting, un-democratic nature:
The negotiating parties must deposit their documents and texts on a U.S. Government server, they are prohibited from revealing any aspects of the talks to anyone, except government officials and domestic internal advisors. Strictly forbidden is the revelation by one country of the positions of the other two countries – and this prohibition is to continue for 4 years after the end of negotiations – this applies even if the negotiation process should end in failure. Well, Trump could not resist, and in violation of his own prohibition he tweeted on Monday: “We are in the NAFTA (worst trade deal ever made) renegotiation process with Mexico & Canada. Both being very difficult, may have to terminate?” This is a clear demonstration of violation of the confidentiality agreement. So, the rules apply only to us and Canada but never to Trump. Let us not forget, that prior to this indignity, Trump forced us into this renegotiation process, he dictated its starting date, and even more incredible: the order in which the negotiating issues must be discussed! While our government has quietly and faithfully observed the prohibitions and impositions, Canada’s government has now risen up in a revolt against the agreement’s nefarious intents and has revealed the key points of disagreement with the U.S.: On auto-parts, U.S. demands for high content “Made in America” rules of origin were categorically rejected, as were demands for a 12 year patent-style protection for U.S. pharmaceuticals. Rather than engage in the potentially dangerous discussion of harmonizing Mexico’s minimum wage with that of the United States, Canada defended us by demanding that the U.S. ratify all labor treaties of the International Labor Organizations. Something the U.S. has always rejected and continues to reject. Briefly stated: the first round of the negotiations has not been productive and with the building turmoil, the authors are convinced that the second round must be postponed from the 1st of September to a much later date so that Canada and Mexico can re-examine the irrationality of the Tweet-style tactics of the U.S. Mexico can do that because we will be the host-country of the second round in Mexico-City.
But the most surprising thing is that Mexico has officially responded to the tweet-attacks that made Donald Trump lowering ourselves again to the threats of the president of the USA, who desperately attempts to draw attention in different angles because of the international conjuncture.
Here now is the text of the Agreement which violates every concept of democratic transparency:
Agreement on Confidentiality
In preparation for the beginning of negotiations on the modernization of the North American Free Trade Agreement, Canada, Mexico and the United States of America (the ”negotiating parties”) have agreed on the following approach regarding the handling of documents to be exchanged during the negotiations.
First, the negotiating parties agree that the negotiating texts, proposals of each government, accompanying explanatory material, e-mails related to the substance of the negotiations, and other information exchanged in the context of the negotiations, are provided and withheld in confidence by the recipients, unless each negotiating party whose positions are referred to in a communication agrees to its release. This means that the documents may be provided only to: 1) government officials or, 2) persons outside government who participate in that government’s domestic consultation process and who have a need to review or be advised of the information in these documents. Anyone given access to these documents will be informed that they cannot share the documents with people not authorized to see them. The negotiating parties have agreed to hold these documents in confidence for four years after the entry into force of the results of this negotiation, or if no agreement enters into force, for four years after the last round of negotiations. However, these restrictions will not apply to negotiating parties regarding their own position. The negotiating parties will be free to disclose that information on condition that absent consent of the applicable other negotiating parties, any reference to positions of other parties, or agreed text, is not to be included in that disclosure.
Second, while the negotiating documents are confidential, each negotiating party may mail, e-mail, fax or discuss any discussions over secured lines with groups of people mentioned above (i.e. government officials and persons who participate in the domestic consultation process) The negotiating parties also may store these documents in a locked file cabinet or within a secured building: that is, the documents do not need to be stored in safes. The negotiating parties also can create and store these documents on unclassified computer systems.
Third, to the maximum extent possible, the negotiating parties will exchange documents through the MAX,gov website (of the U.S. Government)
Lastly, the negotiating parties will mark the documents they create in a manner that makes clear that the documents will be held in confidence. To that end, the negotiating parties will mark documents as “NAFTA Confidential Information – Modified Handling Authorized”. The policy underlying this approach is to assure the confidentiality if documents, while at the same time allowing the negotiating parties to develop their negotiating positions, communicate internally with each other, and engage with their public as they consider appropriate in developing and communicating their own positions.
In Witness Whereof, Signing on behalf of the negotiating parties,
Sig. Steven Verheul, Chief Negotiator, Canada, July 25, 2017
Sig. Juan Carlos Baker, Chief Negotiator, Mexico Aug. 1, 2017, Sig. John Melle, U:S:A
Under the violation of the confidentiality agreement by the USA, should Canada and Mexico leave the negotiating rounds to come? Arguing that you cannot negotiate with a country that violates the agreements even though these are not by mutual agreement?
