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UPDATE: Basic Primary and Secondary Information Online Sources for the North American Free Trade Agreement (NAFTA) and the United States Central American Free Trade Agreement-Dominican Republic (CAFTA-DR) Research.[[1]]

By Francisco A. Avalos and Maureen Garmon

Update by Francisco A. Avalos

 

Francisco A. Avalos joined the James E. Rogers College of Law in 1982 as the Foreign and International Law Librarian. His area of expertise is Latin American legal research with an emphasis on Mexico. He has written extensively and made many presentations in this area of the law. Mr. Avalos has served as Secretary-Treasurer and Chairperson of the Foreign, Comparative, and International Law SIS of the American Association of Law Libraries, and served on the Index to Foreign Legal Periodicals Advisory Committee. His current research interests include legal translation and the pre-Columbian legal systems of the Americas. Mr. Avalos retired in 2009 and now dedicates himself to writing and doing consultant work.  

Maureen Garmon is Faculty Services Librarian at the Law Library, Rogers College of Law at the University of Arizona.  She has participated in first year and intermediate legal research instruction at the College and is an active member of the American Association of Law Libraries. Before joining the Law Library in 1997, Ms. Garmon worked as a law firm librarian. She holds an MLS from the University of Arizona.

The objective of this article is to serve as a one-stop research guide to the North American Free Trade Agreement and the United States Central American Free Trade Agreement-Dominican Republic.  The major documents and institutions directly related to NAFTA and CAFTA-DR are identified and a citation to the particular item is given.  The websites cited were chosen for the authority and reputation of the sponsor of the website and the completeness of information provided.  The updating policy and the ease of navigation of the websites were also taken into account for inclusion into this article.  Also, free websites were favored over pay websites.  Websites with little information on the website itself and consisting mainly of links to other websites for the actual desired information were avoided.  The vast majority of the citations found in this article are annotated as to content and research value of the website.  The citations that are not annotated are the ones where the title of the website made the content obvious.             

Published October 2012
(Previously updated by authors on April 2010)

See the Archive Version!

 

Table of Contents

I.      Introductions, North American Free Trade Agreement (NAFTA)

II.    North American Free Trade Agreement Text

III.  North American Free Trade Agreement; Side Agreements, Supplement Agreements and Annexes Texts

A.    North American Agreement on Environmental Cooperation (NAAEC) Text

B.    North American Agreement on Labor Cooperation (NAALC) Text

C.     Understanding Between the Parties to NAFTA Concerning Chapter Eight-Emergency Action Text

D.    Border Environment Cooperation Agreement Between the United States and Mexico (BECA) Text

E.    Annexes Texts

IV.  North American Free Trade Agreement Major Institutions

A.    Secretariat

B.    Free Trade Commission

C.     Commission for Environmental Cooperation                                                              

D.    Commission for Labor Cooperation

E.    Committee on Trade Good

F.     Committee on Trade in Worn Clothing

G.    Committee on Agricultural Trade (COA)

H.    Committee on Sanitary and Phytosanitary Measures

I.      Committee on Small Business

J.     Financial Services Committee

K.    Dispute Settlement and Investor-State Arbitrations under NAFTA

V.    Internet Resources for the North American Free Trade Agreement

A.    Government websites: United States; Mexico; Canada

B.    International Organizations Websites

C.     Research Guides Websites, Academic

D.    Research Guides Websites, Proprietary

E.    Online Newsletters &Journals-NAFTA Websites

F.     Useful Reports and Assessment Websites

G.    Forms, Glossaries and Statistics

VI.  Implementation Legislation and Legislative History

A.    United States

B.    Mexico

C.     Canada

CAFTA-DR: Table of Contents

I.      Introduction, Central American Free Trade Agreement-Dominican Republic (CAFTA-DR)

II.    Central American Free Trade Agreement-Dominican Republic Text

III.  Central American Free Trade Agreement- Dominican Republic Side Agreements, Supplement                                          Agreements and Annexes Texts

A.    Environmental Cooperation Agreement (ECA), Text

B.    Understanding establishing a secretariat, Text

C.     Working Procedures, for Submissions on Environmental Law Enforcement Matters under               Chapter 17 of the Central American Free Trade Agreement- Dominican Republic Text

D.    Annexes Text

IV.  Central American Free Trade- Dominican Republic Agreement Major Institutions

A.    Secretariat for Environmental Matters

B.    Environmental Affairs Council (EAC)

C.     Environmental Cooperation Commission (ECC)

D.    Free Trade Commission

E.    Free Trade Agreement Coordinators

F.     Committee on Trade Capacity Building             

G.    Dispute Settlement under CAFTA-DR

V.    Internet Resources for the Central American Free Trade-Dominican Republic Agreement

A.    Government websites

B.    International Organizations Websites

C.     Research Guides Websites, Academic

D.    Research Guides Websites, Proprietary

E.    Online Newsletters & Journals-NAFTA
F.     Useful Reports and Assessment Websites

VI.  Implementation legislation

 

I.   Introductions, North American Free Trade Agreement

The North American Free Trade Agreement (NAFTA) was signed by the leaders of all three countries in December of 1992 and it took effect on January 1, 1994.  The mission of the agreement is stated in article 102 of said agreement and states as follows:  “ a) eliminate barriers to trade in, and facilitate the cross-border movement of, goods and services between the territories of the Parties; b) promote conditions of fair competition in the free trade area; c) increase substantially investment opportunities in the territories of the Parties; d) provide adequate and effective protection and enforcement of intellectual property rights in each Party's territory; e) create effective procedures for the implementation and application of this Agreement, for its joint administration and for the resolution of disputes; and f) establish a framework for further trilateral, regional and multilateral cooperation to expand and enhance the benefits of this Agreement.”[[2]] There are three additional side agreements that form part of NAFTA.  These agreements are: the North American Agreement on Labor Cooperation ((NAALC); the North American Agreement on Environmental Cooperation (NAAEC) and the United States and Mexico, the Border Environmental Cooperation Agreement ((BECA).  The last agreement mentioned above is a bilateral treaty between the United States and Mexico.  Also, part of NAFTA are many annexes and institutions that are vital to the fulfillment of the NAFTA mission.

II.  North American Free Trade Agreement Text

Office of the United States Trade Representative, Executive Office of the President.  This website not only presents the NAFTA text, but also much information on making NAFTA work from a United States perspective for companies and individuals. I highly recommend this website

General Secretariat, Organization of American States.  This website is one of the most complete websites on NAFTA primary materials. The complete NAFTA text and all of the annexes, appendixes, sections and schedules related to NAFTA are found at this site.  I highly recommend this website.

NAFTA Secretariat (English text, Spanish text, French text).  The website of the Secretariat not only has the NAFTA text, but many other relevant documents such as the: Rules of Procedures, Code of Conduct, Procedural Forms, Alternative Dispute Resolution and others.

Organization of American States, Foreign Trade System. The complete NAFTA text and all of the annexes, appendixes, sections and schedules related to NAFTA are found at this site. I highly recommend this website.  

Unites States Department of Commerce's International Trade Administration, Trade Compliance Center offers the text of NAFTA. “The Trade Compliance Center, the TCC, in the U.S. Department of Commerce's International Trade Administration, is the U.S. Government's focal point for monitoring foreign compliance with trade agreements to see that U.S. firms and workers get the maximum benefits from these agreements. The TCC  is your one-stop shop for getting U.S. government assistance in resolving the trade barriers or unfair situations you encounter in foreign markets.”[[3]

III.            North American Free Trade Agreement: Side Agreements and Supplement Agreements Texts

A.  North American Agreement on Environmental Cooperation (NAAEC)

The objectives of  NAAEC are stated as follows, “ to: (a) foster the protection and improvement of the environment in the territories of the Parties for the well-being of present and future generations; (b) promote sustainable development based on cooperation and mutually supportive environmental and economic policies; (c)  increase cooperation between the Parties to better conserve, protect, and enhance the environment, including wild flora and fauna; (d) support the environmental goals and objectives of the NAFTA; (e) avoid creating trade distortions or new trade barriers; (f) strengthen cooperation on the development and improvement of environmental laws, regulations, procedures, policies and practices;  (g) enhance compliance with, and enforcement of, environmental laws and regulations; (h) promote transparency and public participation in the development of environmental laws, regulations and policies; (i)  promote economically efficient and effective environmental measures; and (j) promote pollution prevention policies and practices.”[[4]]

This is the official website of the Commission for Environmental Cooperation. The text of NAAEC and other information documents relating to the environment are found at this site.  I highly recommend this website.

Organization of American States, Foreign Trade System.  The text of NAAEC is found at this site.

B.  North American Agreement on Labor Cooperation (NAALC)

The objectives of  NAALC are stated in article 1 and are as follows, “Improve working conditions and living standards in each Party's territory; Promote, to the maximum extent possible, the labor principles set out in Annex 1; Encourage cooperation to promote innovation and rising levels of productivity and quality;  Encourage publication and exchange of information, data development and coordination, and joint studies to enhance mutually beneficial understanding of the laws and institutions governing labor in each Party's territory; Pursue cooperative labor-related activities on the basis of mutual benefit;  Promote compliance with, and effective enforcement by each Party of, its labor law; and foster transparency in the administration of labor law.”[[5]]

Secretariat of the Commission for North American Agreement on Labor Cooperation. This is the official website of the Commission for North American Agreement on Labor Cooperation.  I recommend this site for all NAFTA labor related issues.

United States Department of Labor, Bureau of International Labor Affairs (ILAB).  I recommend this site for all NAFTA labor related issues.

Department of Labor Canada, Human Resources and Skills Development. The text of NAALC in English, Spanish and French can be found at this site, along with other pertinent information.

C.   Understanding Between the Parties to NAFTA Concerning Chapter Eight-Emergency Action

Article 1 of the Understanding Between the Parties to NAFTA Concerning Chapter Eight-Emergency Action states the objective of the agreement as follows, “The objectives of this Understanding are to establish additional procedures to facilitate the effective use of Chapter Eight of the North American Free Trade Agreement (NAFTA).”[[6]] Chapter 8, article 801 states that, “during the transition period only, if a good originating in the territory of a Party, as a result of the reduction or elimination of a duty provided for in this Agreement, is being imported into the territory of another Party in such increased quantities, in absolute terms, and under such conditions that the imports of the good from that Party alone constitute a substantial cause of serious injury, or threat thereof, to a domestic industry producing a like or directly competitive good, the Party into whose territory the good is being imported may, to the minimum extent necessary to remedy or prevent the injury.”[[7]]

Organization of American States, Foreign Trade System.  The text of the Understanding Between the Parties to NAFTA Concerning Chapter Eight-Emergency Action can be found here .

D.    Border Environment Cooperation Agreement Between the United States and Mexico (BECA)

The purpose of BECA is, “to address environmental concerns in the context of the NAFTA negotiations, the US and Mexico established the US-Mexico Border Environment Cooperation Agreement, formally executed as the Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank, signed November 16 and 18, 1993 and subsequently amended through Protocol of Amendment signed November 25 and 26, 2002, which entered into effect on August 6, 2004. This international agreement created the Border Environmental Cooperation Commission (BECC) and the North American Development Bank (NADB), to certify and fund environmental infrastructure projects in border-area communities. In addition, both Administrations made commitments to provide funding for infrastructure development in the region. Thus, the US-Mexico Border Program was formalized under the management of the EPA.”[[8]]

E.   Annexes, Appendixes, Schedules, Sections

General Secretariat, Organization of American States.  This website is one of the most complete websites on NAFTA primary materials. The complete NAFTA text and all of the annexes, appendixes, sections and schedules related to NAFTA are found at this site.  I highly recommend this website.

Organization of American States, Foreign Trade Information System. This website provides all of the annexes and other materials associated with NAFTA.

IV. North American Free Trade Agreement Primary Institutions

A.  NAFTA Secretariat; See NAFTA, Article 2002

The Secretariat was established under article 2002 of NAFTA.  The Secretariat administers the mechanisms specified under the NAFTA to resolve trade disputes between national industries and or governments.  NAFTA also requires each country to establish a national section of the Secretariat.  The national sections are headed by a Secretary appointed by their respective government. The Parties are responsible for the costs of operating their national section of the Secretariat.  The national sections administer the dispute settlement provisions of that Agreement.  For an overview of the Secretariat and its dispute resolution provisions, rules of procedure, and a roster of current panelists from each country, see the Secretariat’s website cited below.  The website also provides access to the full text of the treaty, side agreements and panel decisions. 

NAFTA Secretariat Website. This is the official NAFTA Secretariat website. 

B.  Free Trade Commission; See NAFTA, Article 2001

One of the key institutions created by NAFTA is the Free Trade Commission (FTC) that consists of Cabinet-level ministers, or their designees, from all three countries. It is the responsibility of the FTC to provide direction to and oversight of the many working groups, committees and other bodies involved in direct implementation of NAFTA.  Detailed information on FTC ministers and their specific functions under NAFTA can be found on their country-specific websites.

Office of the United States Trade Representative, Executive Office of the President; Office of the US Trade Representative .

Secretaría de Economía, México.

Canada, Minister of International Trade/Department of Foreign Affairs and International Trade; Department of Foreign Affairs and International Trade.  

C.   Commission for Environmental Cooperation; See NAAEC, Article 8

The mission of the Commission for Environmental Cooperation as stated at their website is to, “facilitate collaboration and public participation to foster conservation, protection and enhancement of the North American environment for the benefit of present and future generations, in the context of increasing economic, trade, and social links among Canada, Mexico, and the United States.”[[9]]

Commission for Environmental Cooperation of North America.

D.  Commission for Labor Cooperation; See NAALC, Article 8

According to the website of the Commission for Labor Cooperation, “The Commission for Labor Cooperation is an international organization created under the North American Agreement on Labor Cooperation (NAALC). The Commission is formed of a Council of Ministers, a cabinet-level body in charge of policy-setting and decision-making consisting of the three labor ministers or their representatives; and a trinational Secretariat that provides support to the Council and to the independent Evaluation Committees of Experts and Arbitral Panels the Council may establish under the provisions of the Agreement. The Commission works in close cooperation with the National Administrative Offices (NAOs), created by each government within their own labor ministry to implement the NAALC.”[[10]] The function of the NAOs is also to serve as points of contact with governmental agencies within a Party, other NAOs and the Secretariat. NAOs are required to provide information regarding the NAALC and labor law matters in the three countries to the Secretariat, other NAOs or ECEs, and the public at large. The work of the NAO is divided into three basic areas: receiving and reviewing of public submissions; coordinating tripartite cooperative activities and providing information to the public.

Commission for Labor Cooperation website.

E.   Committee on Trade in Goods; See NAFTA, Article 316

The mission of the Committee on Trade in Goods is stated in article 316, section 2 and 3 of NAFTA as, “2. The Committee shall meet on the request of any Party or the Commission to consider any matter arising under this Chapter. 3. The Parties shall convene at least once each year a meeting of their officials responsible for customs, immigration, inspection of food and agricultural products, border inspection facilities, and regulation of transportation for the purpose of addressing issues related to movement of goods through the Parties' ports of entry.”[[11]]  

United States Department of Commerce's International Trade Administration, the Trade Compliance Center.

F.   Committee on Trade in Worn Clothing; See NAFTA, Article 316, Annex 300-B, Introduction

“In Section 9 of Annex 300-B, the Parties established the Committee on Trade in Worn Clothing, comprising representatives of each Party. This Committee shall: include or consult with a broadly representative group drawn from the manufacturing and retailing sectors in each Party; and act in a transparent manner and, if no member of the Committee formally objects, make recommendations to the Commission.

The Committee shall assess the potential benefits and risks that may result from the elimination of existing restrictions on trade between the Parties in worn clothing and other worn articles, as defined in heading 63.09 of the HS, including the effects on business and employment opportunities, and on the market for textile and apparel goods in each Party.” [[12]]  

NAFTA Secretariat, Annex 300-B: Textile and Apparel Goods.

G.  Committee on Agricultural Trade (COA); See NAFTA, Article 706

Article 706 creates the COA defines the functions of the committee, “a) monitoring and promoting cooperation on the implementation and administration of this Section; b) providing a forum for the Parties to consult on issues related to this Section at least semi-annually and as the Parties may otherwise agree; and c) reporting annually to the Commission on the implementation of this Section.”[[13]

United States Department of Agriculture Foreign Agricultural Service                 North American Free Trade Agreement.

H.  Committee on Sanitary and Phytosanitary Measures; See NAFTA, Article 722

Article 722 of NAFTA creates the Committee on Sanitary and Phytosanitary Measures and states its mission as to, “(a) the enhancement of food safety and improvement of sanitary and phytosanitary conditions in the territories of the Parties; (b) activities of the Parties pursuant to Articles 713 and 714; (c) technical cooperation between the Parties, including cooperation in the development, application and enforcement of sanitary or phytosanitary measures; and (d) consultations on specific matters relating to sanitary or phytosanitary measures.  3. The Committee: (a) shall, to the extent possible, in carrying out its functions, seek the assistance of relevant international and North American standardizing organizations to obtain available scientific and technical advice and minimize duplication of effort; (b) may draw on such experts and expert bodies as it considers appropriate; (c) shall report annually to the Commission on the implementation of this Section; (d) shall meet on the request of any Party and, unless the Parties otherwise agree, at least once each year; and (e) may, as it considers appropriate, establish and determine the scope and mandate of working groups.”[[14]]

United States Department of Agriculture Foreign Agricultural Service North American Free Trade Agreement.

I.   Committee on Small Business, See NAFTA, Article 1021

The purpose of the Committee on Small Business is, “ to facilitate the following activities of the Parties: (a) identification of available opportunities for the training of small business personnel in government procurement procedures; (b) identification of small businesses interested in becoming trading partners of small businesses in the territory of another Party; (c) development of data bases of small businesses in the territory of each Party for use by entities of another Party wishing to procure from small businesses; (d) consultations regarding the factors that each Party uses in establishing its criteria for eligibility for any small business programs; and (e) activities to address any related matter.”[[15]]

Office of the United States Trade Representative, Executive Office of the President. Making NAFTA Work for U.S. Small- and Medium-Sized Business.

J.   Financial Services Committee; See NAFTA, Article 1412

The major charges of the Financial Services Committee are as follows, “1. The Parties hereby establish the Financial Services Committee. The principal representative of each Party shall be an official of the Party's authority responsible for financial services set out in Annex 1412.1. 2. Subject to Article 2001(2)(d) (Free Trade Commission), the Committee shall: (a) supervise the implementation of this Chapter and its further elaboration; (b) consider issues regarding financial services that are referred to it by a Party; and (c) participate in the dispute settlement procedures in accordance with Article 1415. 3. The Committee shall meet annually to assess the functioning of this Agreement as it applies to financial services. The Committee shall inform the Commission of the results of each annual meeting.”[[16]]

The Financial Sector in NAFTA: Two Plus One Equals Restructuring by John F. Chant, Simon Fraser University.

K.  Dispute Settlement and Investor-State Arbitrations under NAFTA; See Chapters 11, 19, 20

Dispute Settlement, “Article 1904 establishes a mechanism to provide an alternative to judicial review by domestic courts of final determinations in antidumping and countervailing duty cases, with review by independent binational panels. A Panel is established when a Request for Panel Review is filed with the NAFTA Secretariat by an industry asking for a review of an investigating authority's decision involving imports from a NAFTA country.”[[17]] Panels decisions can be found here.

Pepperdine Law Review.  The Evolution of Investment-State Dispute Resolution in NAFTA and CAFTA: Wild West to World Order, Jeffrey T. Cook.

Investor-State Arbitrations, “Chapter Eleven of the North American Free Trade Agreement (the "NAFTA") contains provisions designed to protect cross-border investors and facilitate the settlement of investment disputes.  For example, each NAFTA Party must accord investors from the other NAFTA Parties national (i.e. non-discriminatory) treatment and may not expropriate investments of those investors except in accordance with international law. Chapter Eleven permits an investor of one NAFTA Party to seek money damages for measures of one of the other NAFTA Parties that allegedly violate those and other provisions of Chapter Eleven.”[[18]] Decisions and rules can be found here.

NAFTA Claims. This is a website operated by attorney Todd Weiler. The following information can be obtained found at the site; “information about NAFTA investor-state dispute settlement; copies of recent NAFTA legal documents; and contact someone to learn more about bringing or defending a NAFTA investor-state claim.”[[19]]

V.  Internet Resources for the North American Free Trade Agreement

A.  Government websites

United States Government:

The Office of the United States Trade Representative, Executive Office of the President.  This website not only offers all of the primary materials associated with NAFTA, but also offers many valuable and practical secondary materials. The website is geared more towards the businessperson than the scholar.

United States Department of Agriculture, Foreign Agricultural Service.  This website deals with agricultural matters and animal as they relate to NAFTA.

United States Trade Compliance Center.  The purpose of this website  is to deal with matters of compliance regarding NAFTA and its application to U.S. companies, businessmen and workers. 

Department of Commerce. This website has extensive information and statistics dealing with NAFTA. 

Department of Homeland Security, Customs and Border Protection.  This website deals with all customs matters related to NAFTA.  The site provides key information from intellectual property rights to proper packaging to certificate of origin matters.  This is a key website for the U.S. businesspersons. 

Department of State, Bureau of Consular Affairs.  This website deals with all immigration matters relating to NAFTA. The website offers vital primary and secondary information from temporary visas requirements to required fees to appeals procedures. This is a key website for the U.S. businesspersons.  

United States International Trade Commission. The purpose of the Commission is to, “(1) administer U.S. trade remedy laws within its mandate in a fair and objective manner; (2) provide the President, the United States Trade Representative (USTR), and Congress with independent, quality analysis, information, and support on matters relating to tariffs and international trade and competitiveness; and (3) maintain the Harmonized Tariff Schedule of the United States.”[[20]

The Commission publishes two trade and economics journals online: The International Economic Review and The Industry Trade and Technology Review, both of which offer online content for download. This is a key website  for the U.S. businesspersons.

Department of Commerce, Market Access and Compliance (MAC). This office overseas all 250+ trade agreements to which the US is a party and works to ensure access to foreign markets for US businesses.  “Keeping foreign markets open to American businesses and workers is our top priority.  MAC looks for exporting problems caused by foreign governments and uses every possible tool to achieve equal treatment for U.S. companies and workers.”[[21]] US Department of Commerce, International Trade Administration, Market Access and Compliance.

United States Department of Transportation, Pipelines and Hazardous Materials Safety Administration.  This is the web page for NAFTA and the transportation of hazardous materials. Included are administrative decisions, table of standards, special permits, certification requirements, letters of interpretation, guidelines and norms.

United States Environmental Protection Agency.  This website deals with environmental issues associated with NAFTA.

International Trade Administration, U.S. Department of Commerce. “The International Trade Administration (ITA) strengthens the competitiveness of U.S. industry, promotes trade and investment, and ensures fair trade through the rigorous enforcement of our trade laws and agreements.  ITA works to improve the global business environment and helps U.S. organizations compete at home and abroad.”[[22]]

Mexican Government:

Secretaría de Economía (Ministry of the Economy). This is the official website of the Secretaría de Economía; Secretaría de Economía . The site appears in both Spanish and English.  NAFTA site includes documents in both languages, much of it from the Diario Oficial, the official publication for all legislation passed by the Mexican parliament.  The Secretaría de Economía also has a website dedicated to NAFTA matters at; web presence in Canada and the US. The text of NAFTA in Spanish can be found here.

Canadian Government:

Foreign Affairs and International Trade Canada. This website is dedicated to facilitating international trade from a Canadian perspective and a foreign national entity or foreign government entity perspective.  The particular webpage that deals with NAFTA and Canada can be found here.  

 Canadian International Trade Tribunal-The mission of the Canadian International Trade Tribunal is stated as, “to render sound, transparent and timely decisions in trade, customs and procurement cases for Canadian and international businesses and to provide the Government with sound, transparent and timely advice in tariff, trade, commercial and economic matters.”[[23]]

This is the official website of the Border Services Agency of Canada.  The site contains information for importers and exporters as well as border security information that may affect cross-border traffic and trade; Canada Border Services Agency.  The Border Services Agency’s webpage particular to NAFTA can be found here.

NAFTANOW.ORG; North American Free Trade Agreement.  This website is sponsored jointly by the United States, Mexico and Canada. The mission of the site is, “to provide Canadians, Americans, and Mexicans with information about how NAFTA works and the many ways in which it has improved the lives of North Americans.”[[24]]

B.  International Organizations Websites

Organization of American States, Foreign Trade Information System. This is the trade database of the Organization of American States and contains primary documents relating to all treaties and agreements among the nations of the Americas. The treaties are available in English, French, Spanish and Portuguese; The specific NAFTA webpage is located here.

North American Development Bank (NADB).  The mission of the NADB is, “To serve as a binational partner and catalyst in communities along the U.S.-Mexico border in order to enhance the affordability, financing, long-term development and effective operation of infrastructure that promotes a clean, healthy environment for the citizens of the region."[[25]] The website contains all of the primary and secondary information required to fulfill their stated mission. 

United Nations Commission on International Trade Law (UNCITRAL). “UNCITRAL's business is the modernization and harmonization of rules on international business. Trade means faster growth, higher living standards, and new opportunities through commerce. In order to increase these opportunities worldwide, UNCITRAL is formulating modern, fair, and harmonized rules on commercial transactions. These include: Conventions, model laws and rules which are acceptable worldwide; Legal and legislative guides and recommendations of great practical value; Updated information on case law and enactments of uniform commercial law; Technical assistance in law reform projects; Regional and national seminars on uniform commercial law.”[[26]]

Commission for Environmental Cooperation (CEC). The mission of the CEC is,” to support cooperation among the NAFTA partners to address environmental issues of continental concern, including the environmental challenges and opportunities presented by continent-wide free trade.”[[27]] The website contains all of the primary and secondary information required to fulfill their stated mission.

Commission for Labor Cooperation.  The Commission is charged with handling all labor issues associated with the North American Agreement on Labor Cooperation (NAALC) that is part of NAFTA.  The website contains all the primary and secondary information associated with NAFTA and the labor issues associated with the agreement.

Latin American Network Information Center, University of Texas at Austin (Lanic).  The Lanic website is an excellent and complete resource for general information on Latin American and the United States and specific information on Latin American and the United States regarding regional trade.

World Trade Organization (WTO). The mission of the WTO is to deal, “with the rules of trade between nations. At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations and ratified in their parliaments. The goal is to help producers of goods and services, exporters, and importers conduct their business.”[[28]] This site is a must for researching NAFTA and all issues associated with free trade in the Americas.

 Consejo Empresarial Mexicano de Comercio Exterior, Inversion y Tecnologia, A.C.  (Mexican Entrepreneurial Council for Foreign Trade, Investment and Technology).  This website is dedicated to foreign trade and investment in Mexico. The site has more than NAFTA materials. It has materials dealing with all of the free trade agreements to which Mexico is a party. This is a comprehensive NAFTA site and is an excellent resource for the Spanish version of NAFTA materials.

United States-Mexico Chamber of Commerce.  “The United States-Mexico Chamber of Commerce is the leading binational business organization working to build mutually beneficial trade and investment relationships in the Americas. The organization's mission is to promote business between the United States and Mexico.”[[29]]   This is a membership website with extensive information on doing business in Mexico for United States citizens and corporations.

C.   Research Guides Websites, Academic

Harvard Law School Library, NAFTA Research.  The resource was created to help sort, “through the vast amount of material available. This guide will discuss a few major sources; suggest how to proceed for gathering more materials and concentrate in particular on the on-line materials that are available for keeping up to date.”[[30]]

Pace Law School Institute of International Commercial Law. “The Database is a collaborative effort between the Institute of International Commercial Law and the Pace Law Library. The Electronic Library now contains 9,000 bibliography citations, over 2,600 cases, and over 1,400 full texts of commentaries, monographs and books on the CISG and related subjects.”[[31]]

New York University School of Law.  This website offers a, “guide to NAFTA research materials in the NYU Law Library and on the Internet.”[[32]] Most all NAFTA research could be done from this one guide.

University of Texas at Dallas, Center for US-Mexico Studies.  This site covers more than NAFTA issues but the NAFTA resources are complete with materials offered in both English and Spanish. This site is excellent for academic research on NAFTA and related trade issues with Mexico.

University of Houston O’Quinn Law Library Timothy F. Mulligan.  This guide does not only offer research sources, but offers research approaches.  The materials are organized around 5 suggested research steps.  The research steps are: Marshall your primary sources; Establish a frame of reference (Get a clue!  International law); Use other people's research; Focus your research; Define a search within a broader context.  Each research step is followed by the resources that will help establish the particular research step.

University of Arizona James E. Rogers College of Law, Daniel F. Cracchiola Law Library.  This is a basic good research guide, but it needs to be updated.

D. Research Guides Websites, Proprietary

BNA International Trade Reporter - available in print and online by subscription, this title tracks current developments in international trade, including NAFTA updates and CAFTA developments.

Lexis  has the text of the NAFTA agreement and the side agreements. Go to International Law—Treaties and International Agreements—North American Free Trade Agreement. Or use International Trade as the starting point and follow the above. Legislative history is available from Federal Legal-US—Legislative Histories and Materials—US-CIS Legislative Histories.

Westlaw has a NAFTA database with the text of the agreement and sides as well as the implementation act, Congressional testimony and reports. The NAFTA-LH database contains legislative history documents; NAFTA-BIP contains the Bi-national Panel decisions; and the NAFTA-AWARDS database has the text of arbitration settlement awards.

National Law Center on Inter-American Free Trade offers the InterAm database, a collection of trade and finance related laws and regulations of several countries in the Americas.  While searching the database is free, resulting full text documents are available to subscribers only although non-subscribers may purchase individual search result documents. There are also a few journal/newsletter publications.

NaftaClaims.com (formerly NAFTALaw.org) is privately owned web site of attorney Todd Weiler. Contains a collection of full-text documents related to NAFTA claims listed by individual country and claimant. 

E. Online Newsletters & Journals-NAFTA Websites

Inside US Tradeis a subscription-based journal from World Trade Online. Also available on Lexis and Westlaw. Excellent source for keeping abreast of CAFTA and NAFTA developments. Weekly.

Investment Arbitration Reporter is a subscription-based web news source for cross-border arbitrations. Substantial NAFTA and CAFTA coverage. 

Latin American Weekly Report  is subscription based, but contains several topical newsletters, including Latin American Economy and Business (monthly), and Latin American Regional Reports

NAFTA News provide, “information about NAFTA investor-state dispute settlement...copies of recent NAFTA legal documents...contacts ...to learn more about bringing or defending a NAFTA investor-state claim.”[[33]]

F.   Useful Reports and Assessments Websites

The World Bank Institute (WBI), Data & Research.  The Data & Research website is a gold mine of reports and statistics on NAFTA and other international trade agreements. The information consists of, “High quality national and international statistics, and global statistical programs; Cross-country, cross-sector, thematic research outputs from the World Bank's main research unit.”[[34]]

CRS Report for Congress, NAFTA at Ten:  Lessons from Recent Studies (February 13, 2004) , by J.F. Hornbeck. The report summarizing the status of NAFTA in all three countries at the end of the ten-year period set by the agreement for complete implementation;

United States Department of Agriculture A Report from the Economic Research Service NAFTA at 15: Building on Free Trade by Steven Zahniser and Zachary Crago;

NAFTA’s Institutions: The Environmental Potential and Performance of the NAFTA Free Trade Commission and Related Bodies. Communications and Public Outreach Department of the CEC Secretariat;

Social Science Research Network (SSRN)- A search of the SSRN web site turns up two hundred seventy papers directly or indirectly related to NAFTA and fourteen for CAFTA. Authors include academics, researchers from various economic and trade-related institutes and organizations. Searching and downloading are free for the user.

Congressional Research Service. NAFTA and the Mexican Economy, M. Angeles Villarreal Specialist in International Trade and Finance, June 3, 2010;

G.  Forms, Glossaries and Statistics

Department of Homeland Security United States Customs and Border Protection, NAFTA Forms;

Department of Homeland Security United States Customs and Border Protection. North American Free Trade Agreement Certificate of Origin, 19 CFR 181.11, 181.22;

Department of Homeland Security United States Customs and Border Protection.  Certificate of Origin Glossary - NAFTA Definitions; Terms Specifically Defined in the NAFTA, Customs Regulations and/or the Uniform Rules of Origin Regulations, Definitions of  words and phrases NAFTA; 

World Trade Institute, NAFTA, Legal Instruments and Decisions; 

QuestaWeb, Inc., Customs Forms;

The World Trade Organization (WTO); NAFTA Glossary;

The World Trade Organization (WTO; International Trade Statistics 2011;

United States Department of Commerce, Census Bureau. Trade in Goods with NAFTA with Canada;

The Nafta Office of Mexico In Canada, Statistics;

United States Department of Transportation, Research and Innovative Technology Administration (RITA);

VI. Implementation Legislation      and Legislative History

A.  United States

Executive Order 12889, Implementation of the North American Free Trade Agreement;

North American Free Trade Agreement Implementation Act of 1993: 19 U.S.C.A. §§ 3314 et seq.; Public Law Number 103-182, 107 Stat. 2057;

North American Free Trade Agreement, Legislative History; 107 Stat 2057;

B.  Mexico

Not found.

C.   Canada

North American Free Trade Agreement Implementation Act of 1993; S, C. 1993, c 44 Assented to 6/23/1993; 

North American Free Trade Agreement Implementation Act, Updates;

CAFTA-DR

I.   Introduction, Central American Free Trade- Dominican Republic Agreement (CAFTA-DR)

Central American Free Trade Agreement- Dominican Republic is a free trade agreement signed on August 5, 2004, by the United States and the following Central American nations: El Salvador December 17, 2004; Honduras March 3, 2005; Guatemala March 10, 2005; Dominican Republic September, 2005; Nicaragua October 11, 2005; Costa Rica October 07, 2007.  The Preamble of CAFTA-DR states the purpose of the agreement as follows: “  STRENGTHEN the special bonds of friendship and cooperation among their nations; and promote regional economic integration; CONTRIBUTE to the harmonious development and expansion of world trade and provide a catalyst to broader international cooperation; CREATE an expanded and secure market for the goods and services produced in their territories while recognizing the differences in their levels of development and the size of  their economies; AVOID distortions to their reciprocal trade; ESTABLISH clear and mutually advantageous rules governing their trade; ENSURE a predictable commercial framework for business planning and investment; BUILD on their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization and other multilateral and bilateral instruments of cooperation; SEEK to facilitate regional trade by promoting efficient and transparent customs procedures that reduce costs and ensure predictability for their importers and exporters; ENHANCE the competitiveness of their firms in global markets; FOSTER creativity and innovation, and promote trade in goods and services that are the subject of intellectual property rights; PROMOTE transparency and eliminate bribery and corruption in international trade and investment;  CREATE new opportunities for economic and social development in the region; PROTECT, enhance, and enforce basic workers’ rights and strengthen their cooperation on labor matters; CREATE new employment opportunities and improve working conditions and living standards in their respective territories; BUILD on their respective international commitments on labor matters; IMPLEMENT this Agreement in a manner consistent with environmental protection and conservation, promote sustainable development, and strengthen their cooperation on environmental matters; PROTECT and preserve the environment and enhance the means for doing so, including through the conservation of natural resources in their respective territories; PRESERVE their flexibility to safeguard the public welfare; RECOGNIZE the interest of the Central American Parties in strengthening and deepening their regional economic integration; and  CONTRIBUTE to hemispheric integration and provide an impetus toward establishing the Free Trade Area of the Americas; The purpose of the agreement is to eventually eliminate all tariffs, open new markets and promote transparency.”[[35]]

II. CAFTA Text

The Office of the United States Trade Representative, Executive Office of the President. This website, not only offers all of the primary materials associated with CAFTA-DR, but also offers many valuable and practical secondary materials. The website is geared more towards the businessperson than the scholar;  

United States Department of Commerce International Trade Administration, Trade Compliance Center.  This website offers more than the CAFTA-DR.  The website offers: Report a Barrier; Trade Agreements; Country Market Research; Bribery; News;

Organization of American States, Foreign Trade System. This website is one of the most complete websites on CAFTA-DR primary materials. The complete CAFTA-DR text and all of the annexes, appendixes, sections and schedules related to CAFTA-DR are found at this site.  I highly recommend this website.

III. Central American Free Trade Agreement Dominican Republic; Side Agreements, Supplement Agreements and Annexes

A.  Environmental Cooperation Agreement (ECA), Text

In February 2005, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua and the United States signed an Environmental Cooperation Agreement (ECA)... the ECA countries have evolved a program of cooperative action to advance their common development goals by building the capacities of government and civil society, including NGOs, the private sector and the general public to protect, improve and conserve the environment.  In terms of areas and modalities of operation, the ECA emphasizes capacity building; development of voluntary mechanisms, such as partnerships, market-based initiatives and economic incentives; adoption of best practices; and exchange of information.”[[36]

CAFTA-DR Environmental Cooperation Program’s website

B.  Understanding Establishing a Secretariat for Environmental Matters Text

“The Secretariat for Environmental Matters (SEM) considers public submissions on environmental law enforcement. Created under CAFTA-DR and operating under the sole direction and supervision of the Environmental Affairs Council (EAC), the SEM consists of a General Coordinator and his/her Technical Assistant, both of whom are appointed by the EAC for a two-year term, and other professional staff deemed appropriate by the EAC.”[[37]]

Secretariat for Environmental Affairs of the CAFTA-DR

Organization of American States, Foreign Trade System

C.   Working Procedures, for Submissions on Environmental Law Enforcement Matters under Chapter 17 of the Central America United States Free Trade Agreement- Dominican Republic Text

Articles 1 and 2 0f the agreement state, “1. The FTA Governments shall request the Secretariat for Central American Economic Integration (“SIECA”) to establish a new unit within SIECA to serve as the “secretariat or other appropriate body” referred to in Article 17.7.1 of the Agreement and to undertake the functions set out in Articles 17.7 and 17.8 of the Agreement. 2. On consent of SIECA to such a request, the FTA Governments, through an appropriate arrangement or agreement with SIECA, shall establish working arrangements, including, as appropriate, procedures and guidelines, under which the unit shall operate, 2 which shall provide, among other things, that:     (a) The Environmental Affairs Council (“the Council”) established under Article 17.5 of the Agreement shall appoint a General Coordinator and permanent professional staff of the unit. The unit shall be of appropriate size and comprise persons with relevant expertise in environmental law and its enforcement, including regional expertise, and having a demonstrated record of good judgment and objectivity;     (b) The unit shall function as an independent entity within SIECA and shall have appropriate environmental and regional expertise;     (c) The unit shall be under the sole direction and supervision of the Council, and shall perform only those functions set out in Articles 17.7 and 17.8 of the Agreement; (d) The Council shall establish a roster of environmental experts, comprising persons with a demonstrated record of good judgment, objectivity, and environmental expertise, including regional expertise, from which the unit shall select, as appropriate, according to procedures established by the Council, individuals to assist the unit, under its direction, with the preparation of factual records pursuant to Article 17.8 of the Agreement; (e) The General Coordinator and unit staff members shall not receive instructions from any government, or from any authority other than the Council, and will report solely to the Council; and (f) The Council shall establish appropriate provisions for the protection and non-disclosure of confidential information received from submitters and governments.[[38]]

United States Department of State. The text of the agreement can be found here

D.  Annexes Text

Organization of American States, Foreign Trade System

IV. Central American Free Trade Agreement Dominican Republic Major Institutions

A.  Secretariat for Environmental Matters, See CAFTA-DR Article 17.7

“The Secretariat for Environmental Matters (SEM) considers public submissions on environmental law enforcement. Created under CAFTA-DR and operating under the sole direction and supervision of the Environmental Affairs Council (EAC), the SEM consists of a General Coordinator and his/her Technical Assistant, both of whom are appointed by the EAC for a two-year term, and other professional staff deemed appropriate by the EAC.”[[39]

Secretariat for Environmental Matters Website;

B.  Environmental Affairs Council, See CAFTA-DR, Article 17.5

“1. The Parties hereby establish an Environmental Affairs Council comprising cabinet-level or equivalent representatives of the Parties, or their designees. Each Party shall designate an office in its appropriate ministry that shall serve as a contact point for carrying out the work of the Council. 2. The Council shall meet within the first year after the date of entry into force of this Agreement, and annually thereafter unless the Parties otherwise agree, to oversee the implementation of and review progress under this Chapter and to consider the status of cooperation activities developed under the Dominican Republic – Central America – United States – Environmental Cooperation Agreement (“ECA”). Unless the Parties otherwise agree, each meeting of the Council shall include a session in which members of the Council have an opportunity to meet with the public to discuss matters relating to the implementation of this Chapter. 3. The Council shall set its own agenda. In setting the agenda, each Party shall seek views from its public concerning possible issues for discussion. 4. In order to share innovative approaches for addressing environmental issues of interest to the public, the Council shall ensure a process for promoting public participation in its work, including by engaging in a dialogue with the public on those issues. 5. The Council shall seek appropriate opportunities for the public to participate in the development and implementation of cooperative environmental activities, including through the ECA. 6. All decisions of the Council shall be taken by consensus, except as provided in Article 17.8. All decisions of the Council shall be made public, unless otherwise provided in this Agreement, or unless the Council otherwise decides.”[[40]]

Secretariat for Environmental Matters, Environmental Affairs Council’s Webpage;

C.   Environmental Cooperation Commission, See CAFTA-DR, Article 17.7

“The Parties shall establish a Dominican Republic-Central American - United States Environmental Cooperation Commission, which shall be composed of government representatives, appointed by each Party. The Commission shall be responsible for: (a) establishing priorities for cooperative activities under the Agreement; (b) developing a work program as described in Article V below in accordance with those priorities; (c) examining and evaluating the cooperative activities under the Agreement; (d) making recommendations and providing guidance to the Parties on ways to improve future cooperation; and (e) undertaking such other activities on which the Parties may agree.”[[41]]  

Secretariat for Environmental Matters, Environmental Cooperation Commission’s Webpage.

D.  Free Trade Commission; See CAFTA-DR, Article 19.1

The Free Trade Commission is composed of cabinet level representatives from the various countries that signed the agreement.  “The Commission shall: (a) supervise the implementation of this Agreement; (b) oversee the further elaboration of this Agreement; (c) seek to resolve disputes that may arise regarding the interpretation or application of this Agreement; (d) supervise the work of all committees and working groups established under this Agreement; and (e) consider any other matter that may affect the operation of this Agreement. The article goes on to state that the Commission may: “(a) establish and delegate responsibilities to committees and working groups; (b) modify in fulfillment of the Agreement’s objectives: (i) the Schedules attached to Annex 3.3 (Tariff Elimination), by accelerating tariff elimination; (ii) the rules of origin established in Annex 4.1 (Specific Rules of Origin); (iii) the Common Guidelines referenced in Article 4.21 (Common Guidelines); and (iv) Annexes 9.1.2(b)(i), 9.1.2(b)(ii), and 9.1.2(b)(iii) (Government Procurement); (c) issue interpretations of the provisions of this Agreement; (d) seek the advice of non-governmental persons or groups; and 19-2 (e) take such other action in the exercise of its functions as the Parties may agree.” [[42]]

USAID provided technical assistance to all six beneficiary countries of the Central American Free Trade Agreement (CAFTA-DR) to comply with procedures on Rules-of-Origin, Customs and Trade Facilitation and Sanitary and Phytosanitary Standards.”[[43]]

The websites below provides access to the full text of Free Trade Commission decisions;

E.   Free Trade Agreement Coordinators; See CAFTA-DR, Article 19.2 & Annex 19.2

Free Trade Agreement Coordinators were created to carry out administrative duties for the Free Trade Commission.  They are charged with working jointly, “to develop agendas and make other preparations for Commission meetings and shall follow-up on Commission decisions, as appropriate.”[[44]] Each member of the agreement is to appoint coordinator according to the guidelines set out in Annex 19.2.

The website offers chapter 19 and the associated annexes;

F.   Committee on Trade Capacity Building; See CAFTA-DR, Article 19.4     

The committee is charged with, “(a) seek the prioritization of trade capacity building projects at the national or regional level, or both; (b) invite appropriate international donor institutions, private sector entities, and nongovernmental organizations to assist in the development and implementation of trade capacity building projects in accordance with the priorities set out in each national trade capacity building strategy; (c) work with other committees or working groups established under this Agreement, including through joint meetings, in support of the development and implementation of trade capacity building projects in accordance with the priorities set out in each national trade capacity building strategy; (d) monitor and assess progress in implementing trade capacity building projects; and (e) provide a report annually to the Commission describing the Committee’s activities, unless the Committee otherwise decides.”[[45]]  

The websites cited below offer commentary on Committee on Trade Capacity Building; http://www.ustr.gov/trade-topics/trade-development/trade-capacity-building/cafta-dr-tcb

http://www.ustr.gov/trade-topics/trade-development/trade-capacity-building/overview-us-trade-capacity-building-tcb

http://www.ustr.gov/archive/assets/Trade_Agreements/Regional/CAFTA/Briefing_Book/asset_upload_file891_7353.pdf

 

G.  Dispute Settlement Under CAFTA-DR; See Chapter 20

Chapter 20 of article 20.1 CAFTA-DR states that, “The Parties shall at all times endeavor to agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation and consultations to arrive at a mutually satisfactory resolution of any matter that might affect its operation.” “Dispute settlement involves three stages: (1) Lower level consultations between the disputing CAFTA-DR Parties to try to arrive at a mutually satisfactory resolution of the matter; (2) cabinet-level consultations between the disputing CAFTA-DR Parties; and, (3) resort to a neutral panel to make a determination regarding the matter at issue between the disputing CAFTA-DR Parties. The panel is composed of three individuals chosen by the disputing CAFTA-DR Parties.”[[46]]

Boston College International and Comparative Law Review.  Settlement of Disputes Under the Central America Dominican Republic-United States Free Trade Agreement, David A. Gantz;

FEDERAL REGISTER: The Daily Journal of the United States Government. Free Trade Agreements; Invitation for Applications for Inclusion on Dispute Settlement Rosters for the U.S.-Chile Free Trade Agreement (“FTA”), the Dominican Republic-Central America-United States FTA, the North American FTA, and the U.S.-Peru Trade Promotion Agreement;

Organization of American States, Foreign Trade System . A Comparative Guide to the Chile-United States Free Trade Agreement and the Dominican Republic-Central America-United States Free Trade Agreement, A Study by the Tripartite Committee;

Pepperdine Law Review.  The Evolution of Investment-State Dispute Resolution in NAFTA and CAFTA: Wild West to World Order, Jeffrey T. Cook; Practical Law Publishing Limited and Practical Law Company.

ICSID Tribunal Accepts Evolutionary Minimum Standard Of Treatment (DR-CAFTA);

V.  Internet Resources for the Central American Free Trade Agreement- Dominican Republic

A.  Government Websites

United States Government

United States Environmental Protection Agency.  This website   covers the role of the EPA concerning international agreements;

Department of Homeland Security, Customs and Border Protection.  This website deals with all customs matters related to DR-CAFTA.  The site provides key information from intellectual property rights to proper packaging to certificate of origin matters.  This is a key website for the U.S. businesspersons;  

The Office of the United States Trade Representative, Executive Office of the President; This website not only offers all of the primary materials associated with CFTA-DR, but also offers many valuable and practical secondary materials. The website is geared more towards the businessperson than the scholar;

Library of Congress, Thomas.  At this site will be found all of the U.S. documents related to the creation and implementation of CAFTA-DR;

CRS Report for Congress, The Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), J. F. Hornbeck;

Export.Gov. Helping U.S. Companies Export; This website  contains key practical information for the exporter concerning CAFTA-DR; 

Costa Rica Government

Ministerio de Comercio Exterior de Costa Rica (Ministry of Foreign Trade of Costa Rica)This website contains information dealing with CAFTA-DR from a Costa Rican perspective.   The information is in Spanish; 

El Salvador Government

Ministerio de Economía de El Salvador (Ministry of Economy of El Salvador).  This website contains information dealing with CAFTA-DR from a Salvadorian perspective.   The information is in Spanish;

Dominican Republic Government

Secretaría de Industria y Comercio, República Dominicana (Ministry of Industry and Commerce, Dominican Republic.  This website has links to the various parts of CAFTA-DR.  The texts are in Spanish;

Honduras Government

Mexico

Secretaría De Economía (Ministry of the Economy). This website  contains information dealing with CAFTA-DR from a Mexican perspective.   The information is in Spanish;

Nicaragua Government

Ministerio de Fomento, Industria y Comercio, Nicaragua (Ministry of Development, Industry and Trade, Nicaragua). This website contains information dealing with CAFTA-DR from a Nicaraguan perspective.   The information is in Spanish;

B.  International Organizations Websites

Organization of American States, Foreign Trade System.  This website is one of the most complete websites on NAFTA primary materials. The complete NAFTA text and all of the annexes, appendixes, sections and schedules related to NAFTA are found at this site.  I highly recommend this website.

USDA/USAID: CADTA-DR Trade Projects. “USAID provided technical assistance to all six beneficiary countries of the Central American Free Trade Agreement (CAFTA-DR) to comply with procedures on Rules-of-Origin, Customs and Trade Facilitation and Sanitary and Phytosanitary Standards. After almost four years of successful implementation of three regional programs and one bilateral program in El Salvador, the region is better prepared to benefit from the CAFTA-DR trade opportunities.”[[47]]

Business for Social Responsibility, DR+CAFTA. Business for Social Responsibility states at their website that they work, “with its global network of more than 250 member companies to develop sustainable business strategies and solutions through consulting, research, and cross-sector collaboration.

World Bank, Central America Department, and Office of the Chief Economist, Latin America and Caribbean Region.  At this site,  the World Bank has a report titled, “DR-CAFTA: Challenges and Opportunities for Central America”;

Organization of American States .  The OAS presents its annual (2011) report title, “Monitoring Progress of the Environmental Cooperation Agenda in the CAFTA-DR Countries;

A Comparative Guide to the Chile-United States Free Trade Agreement and the Dominican Republic-Central America-United States Free Trade Agreement, A Study By The Tripartite Committee, OAS;

C. Research Guides Websites, Academic       

Notre Dame University; CAFTA-DR: An Examination into the History and Effects of the Free Trade Agreement on the Nations Involved;

Michigan State University, CAFTA-DR: Resources.  This site features an overview of CAFTA, opportunities by industry, a brief country profile for each member and several resources.

Central America and the Dominican Republic in the Context of the Free Trade Agreement (DR-CAFTA) with the United States, Congressional Research Service , K. Larry Storrs;

Social Science Research Network (SSRN) - This is an extensive subscription website is that provides abstracts of the articles for free but not the full article. Authors include academics, researchers from various economic and trade-related institutes and organizations. 

American Society of International Law, International Economic Law, Jean M. Wenger, Guide to Electronic Resources for International Law.

Naval Postgraduate School, Dominican Republic – Central American Free Trade Agreement (Dr-Cafta): Understanding The Reasons Why The Dominican Republic (Dr) Joined The Cafta Negotiations, Danny J. García Rojas;

D.  Research Guides Websites, Proprietary

BNA International Trade Reporter - available in print and online by subscription, this title tracks current developments in international trade, including NAFTA updates and CAFTA developments.

Lexis  has the text of the NAFTA agreement and the side agreements. Go to International Law—Treaties and International Agreements—North American Free Trade Agreement. Or use International Trade as the starting point and follow the above. Legislative history is available from Federal Legal-US—Legislative Histories and Materials—US-CIS Legislative Histories.

Westlaw has a NAFTA database with the text of the agreement and sides as well as the implementation act, Congressional testimony and reports. The NAFTA-LH database contains legislative history documents; NAFTA-BIP contains the Bi-national Panel decisions; and the NAFTA-AWARDS database has the text of arbitration settlement awards.

The National Law Center on Inter-American Free Trade offers the InterAm database, a collection of trade and finance related laws and regulations of several countries in the Americas.  While searching the database is free, resulting full text documents are available to subscribers only although non-subscribers may purchase individual search result documents. There are also a few journal/newsletter publications National.

Central America Data: Business to Business.  This is a website dedicated to Central American Trade. Information can be found on the following topics listed at the website: “CAFTA-DR; International Commerce; CAFTA-DR implications; Exports & imports; CAFTA ratification; Government; exports; Business and Investment Central America Integration; Ministerio de Comercio Exterior de Costa Rica; Tariffs; textile export; Economics; Local Law; free trade agreement”.  The information at the site is extensive and all encompassing concerning Central American trade;

E.   Online Newsletters & Journals-CAFTA-DR

F.   Useful Reports and Assessment Websites

United States Agency for International Development; Evaluation of the Regional and Bilateral Programs to Support Trade Compliance Under Cafta-Dr, Final Report, August 2011. 

World Bank: Central America Department and Office of the Chief Economist Latin America and Caribbean Region. DR-CAFTA: Challenges and Opportunities for Central America, by C. Felipe Jaramillo, ET AL.

CRS Report for Congress The Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA).  By J. F. Hornbeck Specialist in International Trade and Finance Foreign Affairs, Defense, and Trade Division;

The Office of the United States Trade Representative, Executive Office of the President; CAFTA-DR: White Paper and Verification Reports;

United States Department of Agriculture, Foreign Agricultural Service: Today's CAFTA–DR News; Exporting Under CAFTA–DR; Background, Fact Sheet; State Fact Sheets, Commodity Fact Sheets; USTR Page on CAFTA, Country Information. 

Carnegie Endowment for International Peace. CAFTA Resources page contains several reports by Carnegie’s CAFTA experts. Also has links to other international institutions with CAFTA information.  Carnegie Endowment for International Peace.

Emerging Textiles.  This a subscription website dedicated textiles matters with reports such as the following: Central America Gaining Market Share Over China (Country Report);  US Apparel Imports from Central America in 1st Quarter 2011 (Statistical Report); CAFTA Countries Back on US Apparel Market (Country Report); 

USDA/USAID PAPA; Initiative for Improved and Harmonized Agricultural Statistics and Sanitary-Phytosanitary Regulatory Infrastructure in Central America; Progress Report Final Papa Report 2005-2011;

World Bank, Central America Department and Office of the Chief Economist, Latin America and Caribbean Region.  “Challenges and Opportunities for Central America”;

WORLD BANK. The website offers many reports and studies on CAFTA-DR that I think would be useful to anyone researching CAFTA-DR matters. specific country reports.

VI. Implementation legislation

A.  United States

Pub. L. 109-53, 119 Stat. 462, 19 U.S.C. 4001 et seq. (August 2, 2005); Dominican Republic-Central America-United States Free Trade Agreement Implementation Act.

The full-text of the legislation and house report can be found at; House Report 109- 182.

 

B.  Mexico
Not found.



[[1]] The CAFTA-DR Agreement is variously referred to as DR-CAFTA or CAFTA-DR or US-DR-CAFTA. For simplification, it will be referred to as CAFTA-DR throughout this document.