Canadian companies that engage in cross-border business pursuits both with the United States and internationally should be mindful of several cross-border trade initiatives that may have a profound impact on their business objectives, including the North American Free Trade Agreement (NAFTA), the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) and the Trans-Pacific Partnership (TPP).
Perhaps most notably, Canadian businesses are on alert after U.S. President Donald Trump’s administration sent a letter to Congress on May 18, 2017, officially notifying them of his intent to renegotiate NAFTA. The U.S. can start renegotiating the agreement 90 days from the notification to Congress. The letter, sent by recently sworn in U.S. Trade Representative Robert Lighthizer, called for a “modernized” version of NAFTA. This announcement leaves the future of NAFTA — a trilateral free-trade agreement between Canada, the U.S. and Mexico which came into effect January 1, 1994 — and Canada’s role in the pact shrouded with uncertainty. Earlier, Trump threatened to pull out of NAFTA entirely, but reportedly decided against doing so after conversations with Canadian Prime Minister Justin Trudeau and Mexican President Enrique Pena Nieto. The extent of Trump’s proposed changes to NAFTA has yet to officially be determined and Canadian businesses have been left with many questions as a result. Any such alterations to NAFTA could have a profound impact on Canadian companies and investors with ties to cross-border trade between Canada, Mexico and the U.S.
Significant changes to NAFTA’s current structure — in which there are no tariffs on all covered goods between the countries — or rules of origin could have a widespread ripple effect on multiple industries ranging from the auto sector to the agricultural sector, which could vastly impact North American and even global supply chains. While the scope of Trump’s proposed changes is still uncertain, Canadian companies should be mindful of how the cross-border economic landscape may evolve and be ready to integrate these investment rules into their business strategies to remain competitive.
Other key cross-border trade initiatives Canadian businesses need to be cognizant of include CETA, which has been cleared by the EU parliament and is pending approval in Canada. CETA would not only reduce and ultimately eliminate tariffs between Canada and the EU, but for example open up vast new opportunities for Canadian businesses in the EU government procurement sector.
Trump also recently pulled the U.S. out of the TPP — the 12-country Pacific Rim trade agreement — which leaves the original deal dead and the remaining signatories scrambling to see whether something else could take its place.
Osler’s team of international trade experts is well-equipped to answer your questions surrounding the potential economic and legal impact of updates to agreements that govern cross-border commerce. Here we provide a working framework using timely insight to help you understand more about trade issues. As new potential trade initiatives take shape, we will continue to provide updated reports so continue to visit this page for useful information.
Receive informative international trade updates by email.
Canada dives deep into data to make case to U.S. on NAFTA, says Freeland
CBC News - May 23, 2017
The Canadian federal government is drawing on digital data to outline what it says are the benefits to the U.S. in trading with Canada, according to Foreign Affairs Minister Chrystia Freeland. Read more.
Chambers of Commerce looking for feedback on NAFTA renegotiation
Global News - May 23, 2017
U.S. President Donald Trump’s commitment to renegotiating NAFTA has left Chambers of Commerce across Canada scrambling to figure out the potential implications of any changes to the current deal. Read more.
U.S. carmaker lobby wants rules of origin left intact in NAFTA talks
Reuters - May 23, 2017
A U.S.-based automakers group says it favours keeping NAFTA’s rules of origin intact. Read more.
Canada, 10 other countries to move forward on new TPP after U.S. withdrawal
CTV News - May 21, 2017
Canada, along with 10 other countries, agreed to re-evaluate the Trans-Pacific Partnership, which had hit a major roadblock after the U.S. pulled out of the pact in January. Read more.
90 days and counting: What triggering the NAFTA talks means for Canada
National Post - May 18, 2017
Osler partner Riyaz Dattu speaks to the National Post, offering insight and analysis regarding five things you need to know about the 90-day NAFTA renegotiation countdown. Read more.
Trump administration writes Congress to officially trigger NAFTA renegotiation
CBC News - May 18, 2017
Canada’s Foreign Affairs Minister Chrystia Freeland responded to the Trump administration’s official calls to renegotiate NAFTA by saying Canada needs to “integrate progressive, free and fair approaches to trade and investment.” Read more.
Trump administration sends NAFTA renegotiation letter to Congress
CNBC - May 18, 2017
The Trump administration has sent a letter to Congress identifying its intent to begin the process of renegotiating the North American Free Trade Agreement. Read more.
Robert Lighthizer sworn in as the U.S. Trade Representative — What’s ahead?
Osler, Hoskin & Harcourt LLP - May 18, 2017
On Monday, May 15, 2017, Robert Lighthizer was sworn in as U.S. Trade Representative, after the U.S. Senate confirmed his nomination by President Donald Trump, following a lengthy process. What does this mean for NAFTA renegotiations? Read more.
Chinese semiconductors may be the next target of a national security probe
Osler, Hoskin & Harcourt LLP - May 18, 2017
U.S. Commerce Secretary Wilbur Ross recently suggested that a national security review of the importation of Chinese semiconductors may be launched under section 232(b) of the Trade Expansion Act of 1962. How will this affect the global semiconductor industry and users? Read more.
Trade Case Alert: Canadian anti-dumping and countervailing investigation initiated for silicon metal from Brazil, Kazakhstan, Malaysia, Norway and Thailand
Osler, Hoskin & Harcourt LLP - May 18, 2017
On February 20, 2017, the Canada Border Services Agency initiated anti-dumping and countervailing investigations, pursuant to the Special Import Measures Act related to allegations of dumping of silicon metal originating in or exported from Brazil, Kazakhstan, Lao People’s Democratic Republic, Malaysia, Norway and Thailand. Read more.
Chrystia Freeland heading to Mexico to talk NAFTA next week
Global News - May 17, 2017
Chrystia Freeland, Canada’s Foreign Minister, said she would travel to Mexico next week to talk about renegotiating the North American Free Trade Agreement, in the wake of U.S. President Donald Trump’s calls for major changes to the pact. Read more.
U.S. considering currency clause for NAFTA, trade deals: Wyden
The Globe and Mail - May 17, 2017
The Trump administration is considering a trade currency clause in NAFTA renegotiations that could serve as a template for future trade deals, according to U.S. Senator Ron Wyden. Read more.
Canada to remain ‘firm’ as Donald Trump eyes massive NAFTA changes
Global News - May 14, 2017
Canada’s Trade Minister Francois-Philippe Champagne says Canada will remain “firm” in the face of U.S. President Donald Trump’s vow to renegotiate the North American Free Trade Agreement. Read more.
Freeland expects U.S. to trigger NAFTA consultation period soon
CTV News - May 13, 2017
Chrystia Freeland, Canada’s Foreign Affairs Minister, expects to meet with U.S. Trade Representative Robert Lighthizer “very soon,” and she also expects the NAFTA pre-negotiation process to begin quickly. Read more.
U.S. withdrawal from NAFTA is back on table: Wilbur Ross
The Globe and Mail - May 9, 2017
U.S. Commerce Secretary Wilbur Ross says the Trump administration may tear up NAFTA in favour of separate deals with Canada and Mexico. Read more.
Dispute settlement and key improvements in the CFTA government procurement rules
Osler, Hoskin & Harcourt LLP - May 8, 2017
One of the major benefits that Canadian businesses should expect from the Canadian Free Trade Agreement (CFTA) is expanded business opportunities to supply federal, provincial and territorial governments. Will internal trade barriers be brought down? Read more.
SCOTUS rejects expropriation claim: The alternative of using BITs for investment protection
Osler, Hoskin & Harcourt LLP - May 8, 2017
The U.S. Supreme Court unanimously dismissed at an initial stage an expropriation claim by plaintiffs alleging the Venezuelan government had unlawfully expropriated the subsidiary’s oil rigs. Canadian companies should heed this landmark case. Read more.
Boeing launches trade remedies petition against Bombardier
Osler, Hoskin & Harcourt LLP - May 8, 2017
Boeing has submitted a trade remedies petition to the U.S. Department of Commerce seeking the imposition of antidumping and countervailing duties against Bombardier. The context of this petition could have widespread ramifications for Canadian industries beyond civil aircraft. Read more.
Trump calls it a ‘disaster,’ but top experts are saying TPP might still happen without him
CNBC - May 8, 2017
The other 11 members of the Trans-Pacific Partnership (TPP) trade deal appear set to revive the pact without the U.S., experts at the Institute of International Finance said. Read more.
Trudeau says he will work closely with French president-elect Macron to implement CETA
The Council of Canadians - May 7, 2017
Canadian Prime Minister Justin Trudeau says he will work closely with French President-elect Emmanuel Macron to implement the Canada-European Union Comprehensive Economic and Trade Agreement (CETA). Read more.
Trump’s NAFTA threats push Mexico to play catchup on innovation
Bloomberg Politics - May 4, 2017
U.S. President Donald Trump’s threats to pull his country out of the North American Free Trade Agreement are giving Mexico an incentive to build businesses that create value through research and design. Read more.
Watchdog calls CETA economic boon to Canada
Baystreet.ca - May 3, 2017
Canada’s budget watchdog says the Canada-European Union Comprehensive Economic and Trade Agreement will produce “modest” economic gains for the country. Read more.
Canada has less leverage than Mexico in a possible NAFTA renegotiation, experts warn
National Post - May 2, 2017
Canada’s position going into U.S. President Donald Trump’s proposed NAFTA renegotiations is less advantageous than that of Mexico, according to experts. Read more.
Trans-Pacific Partnership salvage talks face a tall order as its 11 nations converge on Canada
Financial Post - May 2, 2017
Senior trade officials and negotiators from 11 Pacific Rim nations converged in Toronto to discuss the possibility of salvaging the Trans-Pacific Partnership in the wake of the U.S. pulling out of the proposed deal. Read more.
Canada goods exports to jump by 6% this year, agency says, downplaying threat to NAFTA
Financial Post - May 2, 2017
Strong commodity prices mean the value of Canadian goods exports will jump 6% in 2017 after a drop last year, Canada’s export credit agency said on Tuesday, playing down possible disruption to NAFTA. Read more.
Donald Trump’s trade war kicks off fresh doubts over the future of NAFTA
The Telegraph - May 1, 2017
After the U.S. Department of Commerce announced softwood lumber tariffs on Canadian companies last week, speculation is mounting about the future of the North American Free Trade Agreement. Read more.
International trade brief: The impact of softwood lumber tariffs on Canadian companies
Osler, Hoskin & Harcourt LLP - April 28, 2017
In this brief, we discuss the U.S. Department of Commerce announcing the imposition of preliminary countervailing duties on allegedly subsidized softwood lumber imports from Canada. Read more.
The Trump administration’s investigation of the impact of steel imports on U.S. national security grounds
Osler, Hoskin & Harcourt LLP - April 28, 2017
We talk about U.S. President Donald Trump signing an executive memorandum directing the Secretary of Commerce, Wilbur Ross, to use a rarely invoked U.S. trade law provision to investigate whether steel imports pose a threat to U.S. national security. Read more.
Trump rules out swift NAFTA exit in favour of renegotiation
Bloomberg - April 27, 2017
U.S. President Donald Trump said he won’t pull the United States out of the North American Free Trade Agreement at this time, and instead talked about ways to renegotiate the deal. Read more.
Donald Trump may be considering pulling out of NAFTA: reports
Toronto Star - April 26, 2017
According to media reports, U.S. President Donald Trump is considering pulling out of the North American Free Trade Agreement entirely. Read more.
Trump’s ‘Buy American, Hire American’ has trade lawyers and clients contemplating next move
Legal Feeds - April 25, 2017
U.S. President Donald Trump’s “Buy American, Hire American” executive order is leaving many Canadian companies with cross-border business ties questioning what’s next. Osler partner Riyaz Dattu comments. Read more.
Trump team signals broader renegotiation of NAFTA
Toronto Sun - April 25, 2017
U.S. President Donald Trump’s complaints against Canada’s dairy and lumber industries over the past several days could signal a wider NAFTA renegotiation is on the horizon. Read more.
Canada braces for ‘tough times’ in U.S. lumber dispute
Toronto Star - April 25, 2017
Canada’s Natural Resources Minister Jim Carr said that Canadian job losses are likely in the wake of the U.S. administration’s announcement it will impose significant duties of up to 24% on lumber imports. The federal government says it will support workers in the lumber industry as the latest flare-up in the trade skirmish with the U.S. escalates. Read more.
'Another bad act on the part of the Canadians’: Trump administration launches punitive tariffs on Canadian lumber
The Washington Post - April 25, 2017
U.S. President Donald Trump’s administration announced it will impose a 20% tariff on Canadian softwood lumber, in the administration’s first major trade action against Canada. Read more.
Donald Trump says what Canada has ‘done to our dairy farmers is a disgrace’
The Toronto Star - April 20, 2017
U.S. President Donald Trump said Canada was “taking advantage” of U.S. workers, and denounced the North American Free Trade Agreement as a “disaster.” Read more.
International trade brief: Trump’s "Buy American, Hire American" Executive Order, the transition towards CFTA and more
Osler, Hoskin & Harcourt LLP - April 20, 2017
In this brief, we discuss the CFTA’s forward-looking initiatives, U.S. President Donald Trump’s “Buy American, Hire American” Executive Order, and more. Read more.
Trump’s latest Buy American order mostly rhetoric but could harm Canadian businesses: experts
National Post - April 18, 2017
U.S. President Donald Trump’s new Buy American policies could hurt Canadian businesses, according to some experts. Read more.
Donald Trump signs ‘Buy American, Hire American’ order
Financial Times - April 18, 2017
U.S. President Donald Trump signed an executive order aimed at forcing U.S. government agencies to buy more domestically produced products. Read more.
Trump targets ‘unfair’ Canadian dairy rules in fiery trade speech
CBC - April 18, 2017
While promoting his “Buy American, Hire American” policies, U.S. President Donald Trump took aim at Canadian dairy regulations, saying that NAFTA trade rules between the U.S. and Canada are a “total disaster” for the U.S. Read more.
International trade brief: The Canadian Free Trade Agreement, the U.S.-China 100-day plan and more
Osler, Hoskin & Harcourt LLP - April 17, 2017
In this brief, we discuss the new Canadian Free Trade Agreement, comprehensive trade dialogue between the U.S. and China, and how the now defunct TPP provisions could find their way into the NAFTA renegotiations. Read more.
Canada open to digital trade adds in NAFTA renegotiation
Bloomberg - April 14, 2017
Canada is open to adding digital commerce to NAFTA and using data provisions already negotiated as a starting point. Read more.
Meeting with U.S. NAFTA point man Ross ‘reassuring’: Ambrose
The Globe and Mail - April 11, 2017
Canada’s Opposition leader Rona Ambrose says she is feeling reassured after discussing the Canada-U.S. business relationship with U.S. President Donald Trump’s trade point man and Commerce Secretary Wilbur Ross. Read more.
Trump team frustrated by go-slow approach on NAFTA by U.S. Congress
CTV News - April 9, 2017
U.S. Commerce Secretary Wilbur Ross says he wants U.S. lawmakers to pick up the pace in launching the NAFTA renegotiation process. Read more.
International trade brief: Trump administration takes aim at Chapter 19 of NAFTA, U.S. wish list for NAFTA renegotiations and more
Osler, Hoskin & Harcourt LLP - April 6, 2017
In this week’s brief, we look at the U.S. administration’s wish list for NAFTA renegotiations — along with the draft notice and its parallels to the Trans-Pacific Partnership — the Trump administration taking aim at Chapter 19 of NAFTA, the U.S. border tax proposal, as well as the NAFTA Rules of Origin. Read more.
International trade brief: President Trump’s trade enforcement budget, Lighthizer’s confirmation hearing as U.S. Trade Representative and more
Osler, Hoskin & Harcourt LLP - March 29, 2017
We look at President Trump’s trade enforcement budget, how Robert Lighthizer’s confirmation as U.S. Trade Representative will impact cross-border trade, and Canada’s NAFTA chapter 11 win. Read more.
Liberal green light for Chinese takeover deal a turning point for Canada: experts
The Globe and Mail - Mar 28, 2017
Peter Glossop, a partner in Osler’s competition and foreign investment group, tells The Globe and Mail that Prime Minister Justin Trudeau’s government appears willing to consider investments by firms with ties to China. Read more.
OFAC fines China-based ZTE $1.2 billion: Implications for Canadian companies
Osler, Hoskin & Harcourt LLP - March 27, 2017
On March 7, 2017, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced a record-breaking fine against Chinese telecommunications giant ZTE Corp. and its subsidiaries as part of a settlement following a five-year joint investigation by the Departments of Treasury, Commerce, and Justice. Canadian companies, whether in the financial sector or other sectors that have links to the U.S., that incorporate U.S. components or technology in their products, or use U.S. currency in their transactions, can be subject to investigation and possibly enforcement action under several U.S. trade and anti-terrorism laws. Read more.
Canada’s NAFTA arbitration victory is a win for sovereignty and fair trade
Osler, Hoskin & Harcourt LLP - March 23, 2017
Proponents of sovereignty and fair trade can finally breathe a sigh of relief. Last week, the Canadian Government emerged victorious in its five-year battle with Lilly. With over $15 million in legal bills between the parties, a NAFTA tribunal found no merit to Lilly’s claims and awarded approximately $5 million in costs to Canada. The good news is that we no longer need to worry that trade tribunals will become supranational courts of appeal over domestic property law disputes. Read more.
International trade brief: Timing for NAFTA renegotiations, the TPP summit in Chile and the U.S. border tax
Osler, Hoskin & Harcourt LLP - March 22, 2017
We look at the Canadian government’s response to NAFTA renegotiations, how TPP provisions could shape NAFTA renegotiations, and the issues with the proposed U.S. border tax. Read more.
With CETA, Canada and the EU face protectionism as strategic partners
The Globe and Mail - March 19, 2017
The Comprehensive Economic and Trade Agreement is an ambitious deal that helps Canada and the EU face the threat of rising protectionism in global trade pacts. Read more.
International trade brief: President Trump’s trade policy agenda, “tweaking” Canada-U.S. bilateral relationship and more
Osler, Hoskin & Harcourt LLP - March 16, 2017
We look at the Trump administration’s recently released trade policy agenda document, the administration’s indication that it will ignore international trade rules and rulings it disagrees with, and the next steps for “tweaking” the Canada-U.S. bilateral relationship in the NAFTA renegotiations. Read more.
Trans-Pacific Partnership members look for ‘progressive’ way forward
The Globe and Mail - March 15, 2017
The remaining members of the TPP are seeking ways to move forward on the trade pact in the wake of the U.S. pulling out of the deal. Read more.
NAFTA renegotiations: Key issues to consider
Osler, Hoskin & Harcourt LLP - March 14, 2017
There are several key issues Canadian businesses who engage in cross-border commerce need to consider with respect to potential amendments to NAFTA. The following is a list of some of these issues. Read more.
The Canada-Europe Free Trade Agreement: Advantages for Canadian and European businesses
Osler, Hoskin & Harcourt LLP - Feb 27, 2017
After some difficult last minute negotiations, the Canada-European Union Comprehensive Economic and Trade Agreement (CETA or the Agreement) is now awaiting final implementation. CETA presents important business opportunities for Canadian and EU businesses. CETA will confer significant tariff and non-tariff trading advantages over competitors in countries who are not entitled to the benefits of CETA. In addition, CETA can also potentially benefit EU and non-EU companies who invest in Canada and then use Canada as a “gateway” to conduct business on a free trade basis in both North America (using the North American Free Trade Agreement or NAFTA) and the EU (using CETA). Read more.
Freeland’s statement standing by Mexico on NAFTA suggests politeness not policy, says Trade expert
Financial Post - February 22, 2017
Chrystia Freeland, Canada’s Foreign Affairs Minister, said that Canada won’t negotiate with U.S. President Donald Trump on NAFTA without Mexico, but some experts say that may just be posturing. Read more.
Without TPP, Canada looks for new Asian trade deal
Global News - February 22, 2017
Canada is looking for a new “coalition of the willing” for trade links in Asia after U.S. President Donald Trump decided to kill the Trans-Pacific Partnership. Read more.
CETA to cost average working Canadian $2,460 in lost income: report
The Huffington Post - February 21, 2017
A new report says the Comprehensive Economic and Trade Agreement (CETA) was made on the basis of unrealistically optimistic economic models. Read more.
Against all odds, CETA, Canada’s trade deal with Europe, moves forward. Now what?
The Globe and Mail - February 15, 2017
The Comprehensive Economic and Trade Agreement (CETA) passed its last major hurdle and was approved by the European Parliament. Read more.
CETA: EU approves trade deal with Canada
Global News - February 15, 2017
The European Union’s parliament approved the Canada-European Union Comprehensive Economic and Trade Agreement (CETA), and the free-trade pact is now pending approval in Canada. CETA would reduce and ultimately eliminate tariffs between Canada and the EU. Read more.
Trump says NAFTA deal with Canada will only be 'tweaked'
CTV News - February 13, 2017
After his first official meeting with Canadian Prime Minister Justin Trudeau in February, U.S. President Donald Trump said he would only “tweak” NAFTA with Canada but that he had more extensive changes to make with Mexico. Read more.
Trump withdraws from TPP, but offers Canada hope on NAFTA
The Globe and Mail - January 23, 2017
U.S. President Donald Trump made good on his campaign promise, officially pulling the United States out of the 12-country Trans Pacific Partnership in January. Read more.
‘We want an open market’: Why it’s time for Canada to tear down its (dry)walls
Osler, Hoskin & Harcourt LLP - January 20, 2017
Having anti-dumping measures in place between Canada and the United States is “one of the failures of” the North American Free Trade Agreement (NAFTA), Osler international trade law expert Riyaz Dattu tells Financial Post. Read more.
Auto sector gears up for potential changes to NAFTA’s rules of origin
Osler, Hoskin & Harcourt LLP - January 18, 2017
Changes to the rules of origin under the North American Free Trade Agreement (NAFTA) could “wreak havoc on supply chains,” especially in the auto sector, Osler international trade law expert Riyaz Dattu tells The Globe and Mail. Read more.
Trump names China critic Lighthizer as U.S. trade representative
Reuters - January 3, 2017
U.S. President Donald Trump named Robert Lighthizer, who is a critic of China’s trade practices, as the chief trade representative for the U.S. Read more.
A note on the impact of the Trump presidency on cross-border businesses
Osler, Hoskin & Harcourt LLP - November 10, 2016
The election of Donald Trump as U.S. President could have a profound impact on both U.S. and domestic foreign policy. One of the areas where we anticipate profound and early refocusing is tax policy. With republicans controlling the House of Representatives and the Senate, as well as the White House, the prospects for meaningful domestic and international tax reform are strong. Here we analyze the impact on Trump’s presidency on cross-border business. Read more.
Trumpism doesn't play in Canada, which just eased foreign takeover rules — Bloomberg
Osler, Hoskin & Harcourt LLP - November 4, 2016
Prime Minister Justin Trudeau’s plan to ease foreign takeover rules signals Canada is opening its doors to more foreign direct investment, according to an article in Bloomberg. Osler partner Peter Glossop comments on the implications for Canadian business. Read more.
Investment court plan gets mixed reviews
Osler, Hoskin & Harcourt LLP - April 12, 2016
A recent article by Luis Millan in The Lawyers Weekly examines the pros and cons of the new court-like system that has been introduced for settling disputes between investors and states under the European Union-Canada Comprehensive Economic and Trade Agreement (CETA). Osler’s Riyaz Dattu offers his insight. Read more.
TPP and CETA: Landmark trade deals that Canadian businesses need to understand
Osler, Hoskin & Harcourt LLP - December 9, 2015
The Canada-EU Comprehensive Economic and Trade Agreement (CETA), which was entered into in 2014, is part of the previous federal government’s Global Market Action Plan to diversify Canada’s international trade and investment relationships. Osler’s Riyaz Dattu and Nathaniel Lipkus offer in-depth analysis. Read more.
Osler IP expert discusses the intellectual property provisions of TPP
Osler, Hoskin & Harcourt LLP - November 17, 2015
Osler partner Nathaniel Lipkus provides commentary on the intellectual property provisions of the Trans-Pacific Partnership, a multilateral agreement covering 40 % of the global economy. Read more.
Analysis of the Canada-EU Comprehensive Economic and Trade Agreement: A call for revising strategic business plans
Osler, Hoskin & Harcourt LLP - November 2013
Businesses looking to fully and effectively compete in the global marketplace need to monitor ever-changing trade rules and incorporate these rules into their strategic business plans. Few, if any, major Canadian businesses can avoid being buffeted by the rising and shifting tides of global trade, including NAFTA and CETA. Read more.
Landmark Canada/EU trade agreement could have major implications for miners
Osler, Hoskin & Harcourt LLP - October 23, 2013
A major trade agreement between Canada and Europe could provide significant protection from expropriation, among other things, to Canadian companies investing in Europe and vice versa. Probably the most significant development in the Comprehensive Economic and Trade Agreement (CETA) for miners on both sides of the Atlantic is the inclusion of an investor-state provision that, in practice, ensures foreign companies a process to recoup damages in cases of expropriation or instances where political process is grossly discriminatory against a foreign company. Read more.