Ahead of the July 2026 “joint review” of the U.S.-Mexico-Canada Agreement (“USMCA”), the United States, Mexico, and Canada have each launched public consultation processes to solicit input from stakeholders on the operation of the USMCA, and possible changes those governments should seek to the Agreement as part of the review. In the United States, the Office of the U.S. Trade Representative (“USTR”) will accept written comments and requests to testify through November 3, and will hold a hearing on November 17. In Mexico, the Ministry of the Economy (“Economía”) will also accept written comments through November 16. Global Affairs Canada will accept comments through November 3.
Companies doing business in North America or reliant on cross-border supply chains in the region may want to consider participating in these public consultations, which will help shape government negotiating positions as the United States, Mexico, and Canada consider updates and revisions to the USMCA as part of the 2026 review.
Article 34.7 of the USMCA provides that the United States, Canada, and Mexico (the “USMCA Parties”) must hold a “joint review” of the trade agreement in July 2026. This provision establishes a process under which the three countries may recommend action regarding the USMCA, including potential revisions and amendments to the Agreement. The so-called “sunset clause” of Article 34.7—the first of its kind in a free trade agreement—also establishes that the USMCA shall terminate in 2036 after an initial 16-year term unless the USMCA Parties agree to an extension as part of the joint review process. The 2026 joint review will be the first opportunity for the USMCA Parties to agree to such an extension, though the Agreement’s text provides that in the absence of such an agreement, reviews will continue annually with corresponding opportunities to agree to extend the USMCA until 2036.
The three USMCA countries have each launched domestic consultation processes to solicit public input on the Agreement ahead of the 2026 review. These processes present an opportunity for companies and other stakeholders to help inform government negotiating positions leading into the review.
U.S. Consultation Process
Under U.S. legislation implementing the USMCA, Congress established a requirement that USTR initiate a public consultation process in advance of the review, to allow businesses and other stakeholders to present their views. The legislation also requires that at least 180 days before the review—that is, by early January 2026—USTR must report to Congress with its plans for the review, including the actions the Trump administration is planning to take as part of the review, and its decision on whether to extend the USMCA beyond 2036.
USTR took the first step required under this consultation process when it issued on September 17 a notice in the Federal Register soliciting comments on the review. The key aspects of this consultation process, as set out in the notice, are as follows:
- Written Comments Due November 3: The notice sets the deadline of November 3 for receipt of written comments, as well as any requests to testify at the hearing. Comments should be submitted via a portal on USTR’s website. Any request to appear at the hearing must be accompanied by a summary of testimony.
- Public Hearing Scheduled for November 17: USTR will hold a public hearing on November 17 at the International Trade Commission. The hearing may last up to two days, if required to accommodate all of the requests to testify. Testimony will be limited to five minutes per witness, with additional time for questions.
- Rebuttal Comments Due Seven Days After the Hearing: The notice allows for submission of rebuttal comments, which must be limited to responding to issues raised in written comments or hearing testimony. The deadline for submitting rebuttal comments is seven days after the hearing (November 24 or 25, depending on the length of the hearing).
- Submission of Confidential Information: USTR will allow parties to submit comments containing business confidential information (“BCI”) that will be withheld from any public version of the comments, where certified in writing that such information would not customarily be released to the public.
- Substance of Comments: While USTR welcomes comments on “any aspects of the operation of the USMCA,” the notice also identifies the following as issues of particular interest:
- Any issues of compliance with the Agreement.
- Recommendations for specific actions that USTR should propose to promote balanced trade, new market access, and alignment on economic security with Mexico and Canada.
- Factors affecting the investment climate in North America and the effectiveness of the USMCA in promoting investment that strengthens U.S. competitiveness, productivity, and technological leadership.
- Strategies for strengthening North American economic security and competitiveness, including collaborative work under the Competitiveness Committee, and cooperation on issues related to non-market policies and practices of other countries.
Mexican Consultation Process
On September 17, Mexico also published a notice soliciting comments from interested parties on the upcoming joint review. Specifically, the notice requested submission of information, comments, and recommendations regarding the operation of the USMCA, setting November 16 as the deadline for submission of such comments. Comments may be submitted electronically through Economía’s website, or in hard copy to the Directorate General for North America in the International Trade Negotiations Unit of the Undersecretary of Foreign Trade.
Canadian Consultation Process
Following the announcements of the U.S. and Mexican consultation processes, Global Affairs Canada announced it would also launch a similar process, formally doing so on September 19. As part of its public consultations process, Global Affairs Canada is requesting views and information on stakeholder experiences on areas of the USMCA that are working well and on potential areas for improvement. The consultation period opened on September 20, and comments will be accepted through November 3. Comments may be submitted electronically via email or in hard copy by mail. This current request for comments closely resembles a similar consultation process Canada previously held between August and October 2024.
A significant element of the joint review is ongoing bilateral negotiations the United States has been engaged in with both Mexico and Canada regarding U.S. tariffs imposed by President Donald Trump earlier this year. These negotiations have been ongoing for several months, and seek to address so-called “border security” tariffs imposed by President Trump in March under the International Economic Emergency Powers Act (“IEEPA”), as well as sectoral tariffs imposed under Section 232 of the Trade Expansion Act of 1962 (“Section 232”). While bilateral negotiations regarding these tariffs are conceptually distinct from the joint review process, many commercial issues that were expected to be a focus of the USMCA review have been swept into these ongoing tariff discussions. As a consequence, governmental negotiations relevant to the USMCA review are already taking place. To date, negotiations have not produced any agreements on either thorny bilateral trade issues, or non-commercial issues related to border security that have also been a focus of the bilateral discussions.
Covington regularly advises clients on issues relating to the USMCA, and is available to assist companies interested in submitting comments or testifying as part of the public consultation processes being carried out by the USMCA Parties. Covington’s diverse team of trade and policy experts—which includes former U.S. and Mexican government officials specializing on trade and commercial issues in North America—is uniquely positioned to provide thoughtful strategic advice to clients on these issues and related developments. If you have any questions concerning the materials discussed in this update, please contact the members of our team.
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