Canada-United States-Mexico Agreement (CUSMA) – Annex I – Explanatory note

1. The Schedule of a Party to this Annex sets out, pursuant to Articles 14.12 (Non-Conforming Measures) and 15.7 (Non-Conforming Measures), a Party’s existing measures that are not subject to some or all of the obligations imposed by:

• (a) Article 14.4 (National Treatment) or 15.3 (National Treatment);
• (b) Article 14.5 (Most-Favored-Nation Treatment) or 15.4 (Most-Favored-Nation Treatment);
• (c) Article 14.10 (Performance Requirements);
• (d) Article 14.11 (Senior Management and Boards of Directors);
• (e) Article 15.5 (Market Access); or
• (f) Article 15.6 (Local Presence).

2. Each Schedule entry sets out the following elements:

• (a) Sector refers to the sector for which the entry is made;
• (b) Sub-Sector, where referenced, refers to the specific subsector for which the entry is made;
• (c) Obligations Concerned specifies the obligation(s) referred to in paragraph 1 that, pursuant to Articles 14.12.1(a) (Non-Conforming Measures) and 15.7.1(a) (Non-Conforming Measures), do not apply to the non-conforming aspects of the law, regulation, or other measure, as set out in paragraph 3;
• (d) Level of Government indicates the level of government maintaining the scheduled measure(s);
• (e) Measures identifies the laws, regulations, or other measures for which the entry is made. A measure cited in the Measures element:
  • (i) means the measure as amended, continued, or renewed as of the date of entry into force of this Agreement, and
  • (ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and
• (f) Description, as indicated in the introductory note for each Party’s Schedule, either sets out the non-conforming measure or provides a general non-binding description of the measure for which the entry is made.

3. Articles 15.6 (Local Presence) and 15.3 (National Treatment) are separate disciplines and a measure that is only inconsistent with Article 15.6 (Local Presence) need not be reserved against Article 15.3 (National Treatment).