USMCA Chapter 27 on Anticorruption: Is it enough? [1.2871]

Abstract

The purpose of this article is to discuss USMCA Chapter 27 on “Anticorruption”, and to assess whether it represents a real impact in the fight against such practices.  Chapter 27 confirms the trend that has been developing towards an effective implementation of anticorruption policies among its State parties through this type of agreement.  This trend has been the result of a relevant cultural and political evolution that shows the willingness to work effectively and efficiently for a healthy international trade, which in our opinion represents a real impact in the fight against such practices. Notwithstanding the above, it is also possible to conclude that, despite the existence of a strong message and the manifestation of a clear intention in the implementation of these measures, there are gaps that are mainly related to the lack of regulation in the submission of these matters to arbitration procedures and the lack of administrative measures that, in practice, allow an adequate incorporation.  This should be the focus and objective of future negotiations.