A group of bipartisan U.S. senators has urged U.S. Trade Representative Katherine Tai to halt undisclosed negotiations with Mexico, Canada, and Colombia that could weaken investor protections in certain U.S. free trade agreements during the final days of the Biden administration. Led by Senate Finance Committee Chairman Mike Crapo and ranking Democrat Ron Wyden, the senators expressed concern that binding agreements on legal interpretations of investment protections were being pursued without congressional notification. These negotiations, affecting dispute resolution mechanisms in agreements like the USMCA, U.S.-Colombia Trade Promotion Agreement, and CAFTA-DR, were criticized for lack of transparency and consultation with Congress. The senators called for robust consultations with Congress and emphasized the need to leverage any changes for trade concessions with partner countries. The USTR officials were unavailable for immediate comment, and concerns arose over potential changes sought by Tai, particularly regarding investor-state dispute settlement provisions. Both Democratic and Republican lawmakers have voiced opposition to weakening investment protections, citing potential detrimental impacts on American companies and jobs. Additionally, there were concerns that alterations could impact specific cases, such as U.S. firm Vulcan Materials’ dispute with Mexico over a nature preserve affecting its quarry in the Yucatan peninsula. Republican Senator Bill Hagerty accused the Biden administration of potentially favoring Mexico in the dispute.
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