Delegation of Authority Under Section 103(a) of the North American Free Trade Agreement Implementation Act and Section 115 of the Uruguay Round Agreements Act

This memorandum delegates procedural authority to the U.S. Trade Representative to carry out consultation and layover requirements under NAFTA and Uruguay Round trade agreements, including obtaining advice from advisory committees and the ITC, submitting reports to congressional committees, and consulting during a 60-day period. The President explicitly retains sole authority to implement actions by proclamation after these procedural steps are completed.

Federal Register Open PDF 60 FR 52061

Impact dates

Date TBD
60-day consultation period with congressional committees after advisory/ITC advice and report submission

Key directives

Delegate to USTR authority under NAFTA Act section 103(a) and Uruguay Round Act section 115
USTR to obtain advice from appropriate advisory committees and U.S. International Trade Commission
USTR to submit report to House Ways and Means and Senate Finance Committees
USTR to consult with such committees during 60-day period after (1) and (2) completed
President retains sole authority to implement actions by proclamation after requirements met
Publish memorandum in Federal Register

Who is ordered

United States Trade Representative · USTR

Timeline

Immediate

Delegation of authority to USTR takes effect

Near term (90d)

USTR may begin exercising delegated functions for any pending trade actions

Long term

Ongoing procedural framework for future NAFTA and Uruguay Round implementation actions

Risks & tensions

Text does not specify signing date relative to any particular trade action, so 60-day period is triggered by future events, not fixed
Retention of presidential proclamation authority creates tension if USTR and Congress disagree during consultation