The Office of the U.S. Trade Representative has published final procedural guidelines for submissions of information by the public with respect to potential failures of Canada or Mexico to implement their labor obligations under the U.S.-Mexico-Canada Agreement.
USTR states that these guidelines include the following revisions that respond to comments received in response to a June 30, 2020, notice, as well as minor technical clarifications.
- petitions may be filed anonymously
- petitioners no longer need to provide information regarding (1) whether relief has been sought under domestic laws or procedures or (2) whether any matter referenced in the petition has been addressed by, or is pending before, any international body
- section D.7 regarding considerations by the Interagency Labor Committee for Monitoring and Enforcement in making a determination is deleted
- entities and individuals with whom the committee may consult, or whose views it may consider, now include employer organizations and the employer, or the owner or operator, of a facility
- committee notice and response to a petitioner is now mandatory
- clarifies how petitioners should send petitions and accompanying information to the committee, the acceptable languages for petitions, and forms of acceptable contact information
- clarifies the definition of “labor organization” and that the definition of “denial of rights” matches that used in the USMCA text
- clarifies that the committee recommends, but does not require, that specified subjects be addressed in a petition
- provides that information submitted, particularly identity information, will be treated as exempt from public inspection
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