In the document presented by this Law Firm at the open consultation conducted by the Trade Representative of the United States, they stated that in the cases of companies involved in the Rapid Response Labor Mechanism, they were not given clarity on the specific matters under review.
The Law Firm pointed out that this makes it practically impossible to address concerns in a timely manner, affecting both companies and their employees and generating reputational and commercial risks without due process of law.
In light of this, they proposed amending Article 31-A.4 of the USMCA in order to improve transparency and due process.
Suggestions include notice of the initiation of the procedure, specifying the alleged denial of rights, providing the legal basis for the accusation, providing the company with the supporting evidence and allowing the company to be heard before the complaint is formally filed.
They also recommended the clear definition of the means through which the labor attachés or representatives may conduct the investigation, as well as the types of information and documentation that the company may provide in its defense.
The Law Firm warned that, should these amendments not be implemented, the RRLM could lead to arbitrary proceedings.
