SCONRES 5119th CongressIn Committee

A concurrent resolution expressing the sense of Congress that the proposed "joint interpretation" of Annex 14-C of the United States-Mexico-Canada Agreement prepared by United States Trade Representative Katherine Tai is of no legal effect with respect to the United States or any United States person unless it is approved by Congress.

Introduced: Jan 15, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

This concurrent resolution expresses the sense of Congress that the proposed “joint interpretation” of Annex 14-C of the United States–Mexico–Canada Agreement (USMCA) prepared by United States Trade Representative Katherine Tai has no legal effect in the United States or for any U.S. person unless Congress specifically approves it. It argues that Congress retains constitutional authority over international trade and must approve any binding interprets or interpretations that could affect U.S. rights under USMCA. The resolution also asserts that USTR, the State Department, or other agencies should not invoke or rely on the proposed joint interpretation in any legal proceeding until Congress formally approves it. Although it states Congress’ position, the resolution is non-binding and does not itself create or alter law; it signals congressional opposition to the executive branch’s proposed interpretation and reinforces legislative oversight over trade matters.

Key Points

1It states that the proposed joint interpretation of Annex 14-C by USTR Katherine Tai is of no legal effect for the United States or U.S. persons unless Congress approves it.
2It emphasizes that Congress has constitutional authority over international trade and that executive agreements or interpretations cannot bind the United States without congressional approval.
3It notes that the USMCA was approved by Congress and that Annex 14-C provides certain protections for investments (and related rights) for U.S. investors in Canada and Mexico.
4It alleges that Ambassador Tai has not consulted Congress adequately and may have pursued procedures that limit congressional review or access to the text of the proposed interpretation.
5It directs that, until Congress formally approves the interpretation, the U.S. government cannot invoke the joint interpretation in legal proceedings or claim it has legal effect for any claims by a U.S. person.

Impact Areas

Primary group/area affected- U.S. investors and businesses with investments in Canada or Mexico who rely on Annex 14-C protections (e.g., protection against arbitrary or discriminatory treatment or expropriation).Secondary group/area affected- United States Trade Representative, the State Department, and other federal agencies involved in trade policy and enforcement, who would be prevented from citing or relying on the joint interpretation in litigation or official actions absent congressional approval; intergovernmental relations with Canada and Mexico may be affected.Additional impacts- Signals a strong legislative oversight stance over executive interpretations of trade agreements, potentially influencing future negotiations and how such interpretations are framed or reviewed.- Although non-binding, the resolution could affect the leverage and expectations in ongoing or future discussions with trade partners and in domestic litigation strategies involving USMCA rights.- Could create ambiguity in ongoing matters if a joint interpretation is already in use; the resolution asserts it has no legal effect until Congress approves, which may affect existing disputes or claims rooted in Annex 14-C.

Generated by gpt-5-nano on Nov 18, 2025