Procurement Rules

Letter From the United States to Canada and Mexico

4 February, 2016

The Honorable Chrystia Freeland
Minister of International Trade
Canada

The Honorable Ildefonso Guajardo Villarreal
Secretary of the Economy
México, D.F., México

Dear Minister Freeland and Secretary Guajardo:

I am pleased to acknowledge your letter of 4 February, 2016, which reads as follows:

• “In connection with the signing on this date of the Trans-Pacific Partnership Agreement (TPP Agreement), I have the honour to confirm the following agreement reached between representatives of the Government of Canada (Canada), the Government of the United Mexican States (Mexico) and the Government of the United States of America (United States).
• Seeking to facilitate effective government procurement systems in our three countries, with respect to Chapter 10 (Government Procurement) of the North American Free Trade Agreement (NAFTA), Canada, Mexico and the United States agree to apply Chapter 15 (Government Procurement) of the TPP Agreement to procurement covered by Article 1001 of Chapter 10 (Government Procurement) of NAFTA in place of the provisions of Chapter 10 (Government Procurement) of NAFTA. This Agreement shall enter into effect on the date the TPP Agreement has entered into force as between Canada, Mexico and the United States.
• I have the further honour to propose that this letter and your letters of confirmation in reply, which are equally valid in English, French and Spanish, shall constitute an agreement between Canada, Mexico and the United States, subject to dispute settlement under Chapter 28 (Dispute Settlement) of the TPP Agreement, which shall enter into force on the date of entry into force of the TPP Agreement as between Canada, Mexico and the United States.”

I have the honor to confirm that my Government shares this understanding, and that this letter and your letters in reply, which are equally valid in English, French and Spanish, shall constitute an agreement between the United States, Canada and Mexico, subject to dispute settlement under Chapter 28 (Dispute Settlement) of the TPP Agreement, which shall enter into force on the date of entry into force of the TPP Agreement as between the United States, Canada and Mexico.

Sincerely,

Ambassador Michael B.G. Froman