This side letter between the United States and Mexico discusses vehicle safety measures.

The Honorable Robert E. Lighthizer United States Trade Representative Washington, D.C.

Dear Ambassador Lighthizer:

Mexico and the United States reaffirm their commitment to strengthen the North American automotive sector, and to actively promote and facilitate fair and reciprocal trade between both countries.  To that effect, I have the honor to confirm the following agreement reached between the Government of the United Mexican States (herein referred to as “Mexico”) and the Government of the United States of America (herein referred to as “United States”):

Mexico affirms that its measure, NOM-194-SCFI-2015, incorporates Federal Motor Vehicle Safety Standards (FMVSS).  Mexico shall continue to recognize and accept FMVSS maintained by the United States as satisfying the relevant specifications for essential safety devices set forth under NOM-194-SCFI-2015, or any amendment or successor instrument to NOM-194-SCFI-

2015, unless, due to unforeseen developments, Mexico determines through a regulatory process consistent with relevant provisions in this Agreement, including those in Chapter 11 (Technical Barriers to Trade), that a Federal Motor Vehicle Safety Standard achieves a lower level of safety than another standard Mexico intends to adopt for a particular specification1 or would be inconsistent with Mexico’s legitimate objective.

I have the honor to propose that this letter and your letter in reply, both equally authentic in the English and Spanish languages, shall constitute an integral part of the Agreement and be subject to Chapter 31 (Dispute Settlement).

Sincerely

[SGN/]

[Minister of Economy]

1 For greater certainty, nothing in this letter limits Mexico’s ability to incorporate, recognize, or accept other automotive safety standards, in addition to FMVSS, in NOM-194-SCFI-2015 or any amendment or successor instrument thereto.

The Honorable Ildefonso Guajardo Villarreal

Secretary of the Economy

México, D.F., México

Dear Secretary Guajardo:

[Date]

I have the honor to acknowledge the receipt of you letter of this date, which reads as follows:

“Mexico and the United States reaffirm their commitment to strengthen the North American automotive sector, and to actively promote and facilitate fair and reciprocal trade between both countries.  To that effect, I have the honor to confirm the following agreement reached between the Government of the United Mexican States (herein referred to as “Mexico”) and the Government of the United States of America (herein referred to as “United States”):

Mexico affirms that its measure, NOM-194-SCFI-2015, incorporates Federal Motor Vehicle Safety Standards (FMVSS).  Mexico shall continue to recognize and accept FMVSS maintained by the United States as satisfying the relevant specifications for essential safety devices set forth under NOM-194-SCFI-2015, or any amendment or successor instrument to NOM-194-SCFI-2015, unless, due to unforeseen developments, Mexico determines through a regulatory process consistent with relevant provisions in this Agreement, including those in Chapter 11 (Technical Barriers to Trade), that a Federal Motor Vehicle Safety Standard achieves a lower level of safety than another standard Mexico intends to adopt for a particular specification1 or would be inconsistent with Mexico’s legitimate objective.

I have the honor to propose that this letter and your letter in reply, both equally authentic in the English and Spanish languages, shall constitute an integral part of the Agreement and be subject to Chapter 31 (Dispute Settlement).

1 For greater certainty, nothing in this letter limits Mexico’s ability to incorporate, recognize, or accept other automotive safety standards, in addition to FMVSS, in NOM-194-SCFI-2015 or any amendment or successor instrument thereto.”

I have the further honor of confirming that my Government shares this understanding and that your letter and this letter in reply, equally valid in the English and Spanish languages, shall constitute an integral part of the Agreement.

Sincerely,

Ambassador Robert E. Lighthizer