34-1
CHAPTER 34
FINAL PROVISIONS
Article 34.1: Transitional Provision from NAFTA 1994
1. The Parties recognize the importance of a smooth transition from NAFTA 1994 to this
Agreement.
2. Issues under consideration, including documents or other work under development, by
the Commission or a subsidiary body of NAFTA 1994 may be continued under any equivalent
body in this Agreement, subject to any decision by the Parties on whether and in what manner
that continuation is to occur.
3. Membership of the Committee established under Article 2022 of NAFTA 1994 may be
maintained for the Committee under Article 31.22.4 (Alternative Dispute Resolution).
4. Chapter Nineteen of NAFTA 1994 shall continue to apply to binational panel reviews
related to final determinations published by a Party before the entry into force of this Agreement.
5. With respect to the matters set out in paragraph 4, the Secretariat established under
Article 30.6 of this Agreement shall perform the functions assigned to the NAFTA 1994
Secretariat under Chapter Nineteen of the NAFTA 1994 and under, for Chapter Nineteen, the
domestic implementation procedures adopted by the Parties in connection therewith, until the
binational panel has rendered a decision and a Notice of Completion of Panel Review has been
issued by the Secretariat pursuant to the Rules of Procedure for Article 1904 Binational Panel
Reviews.
6. With respect to claims for preferential tariff treatment made under NAFTA 1994, the
Parties shall make appropriate arrangements to grant these claims in accordance with NAFTA
1994 after entry into force of this Agreement. The provisions of Chapter Five of NAFTA 1994
will continue to apply through those arrangements, but only to goods for which preferential tariff
treatment was claimed in accordance with NAFTA 1994, and will remain applicable for the
period provided for in Article 505 (Records) of that Agreement.
Article 34.2: Annexes, Appendices, and Footnotes
The annexes, appendices, and footnotes to this Agreement constitute an integral part of
this Agreement.