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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.
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Article 34.3: Amendments
1. The Parties may agree, in writing, to amend this Agreement.
2. An amendment shall enter into force 60 days after the date on which the last Party has
provided written notice to the other Parties of the approval of the amendment in accordance with
its applicable legal procedures, or such other date as the Parties may agree.
Article 34.4: Amendment of the WTO Agreement
In the event of an amendment of the WTO Agreement that amends a provision that the
Parties have incorporated into this Agreement, the Parties shall, unless otherwise provided in this
Agreement, consult on whether to amend this Agreement.
Article 34.5: Entry into Force
This Agreement enters into force in accordance with paragraph 2 of the Protocol
Replacing the North American Free Trade Agreement with the Agreement between the United
States of America, the United Mexican States, and Canada.
Article 34.6: Withdrawal
A Party may withdraw from this Agreement by providing written notice of withdrawal to
the other Parties. A withdrawal shall take effect six months after a Party provides written notice
to the other Parties. If a Party withdraws, this Agreement shall remain in force for the remaining
Parties.
Article 34.7: Review and Term Extension
1. This Agreement shall terminate 16 years after the date of its entry into force, unless each
Party confirms it wishes to continue this Agreement for a new 16-year term, in accordance with
the procedures set forth in paragraphs 2 through 6.
2. On the sixth anniversary of the entry into force of this Agreement, the Commission shall
meet to conduct a “joint review” of the operation of this Agreement, review any
recommendations for action submitted by a Party, and decide on any appropriate actions. Each
Party may provide recommendations for the Commission to take action at least one month before
the Commission’s joint review meeting takes place.
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3. As part of the Commission’s joint review, each Party shall confirm, in writing, through
its head of government, if it wishes to extend the term of this Agreement for another 16-year
period. If each Party confirms its desire to extend this Agreement, the term of this Agreement
shall be automatically extended for another 16 years and the Commission shall conduct a joint
review and consider extension of this Agreement term no later than at the end of the next six-
year period.
4. If, as part of a six-year review, a Party does not confirm its wish to extend the term of this
Agreement for another 16-year period, the Commission shall meet to conduct a joint review
every year for the remainder of the term of this Agreement. If one or more Parties did not
confirm their desire to extend this Agreement for another 16-year term at the conclusion of a
given joint review, at any time between the conclusion of that review and expiry of this
Agreement, the Parties may automatically extend the term of this Agreement for another 16
years by confirming in writing, through their respective head of government, their wish to extend
this Agreement for another 16-year period.
5. At any point when the Parties decide to extend the term of this Agreement for another 16-
year period, the Commission shall conduct joint reviews every six years thereafter, and the
Parties shall have the ability to extend this Agreement after each joint review pursuant to the
procedures set forth in paragraphs 3 and 4.
6. At any point in which the Parties do not all confirm their wish to extend the term of this
Agreement, paragraph 4 shall apply.
Article 34.8: Authentic Texts
The English, French, and Spanish texts of this Agreement are equally authentic, unless
provided elsewhere in this Agreement.