Executive Order 12889: Implementation of the North American Free Trade Agreement

President: Bill Clinton

Implemented NAFTA secretariat, panels, safeguards, regulatory notice and procurement treatment; the USMCA later replaced NAFTA and displaced the order’s agreement-specific framework.

Status: Superseded. Is Executive Order 12889 still in effect? No. Executive Order 12889 was superseded. See Federal Register record.

What does Executive Order 12889 do?

EO 12889 implemented the North American Free Trade Agreement and its 1993 statute. It created the U.S. section of the NAFTA Secretariat, accepted specified binational panel decisions, delegated textile safeguards, set notice rules for technical and sanitary measures, waived certain procurement restrictions for Canadian and Mexican products, and allocated further statutory functions. NAFTA ended when the United States-Mexico-Canada Agreement entered into force on July 1, 2020. The USMCA statute and current agreement institutions now govern these subjects.

Administration position: The order implemented the administration’s commitment to NAFTA; it did not establish that every trade or employment effect predicted for the agreement would occur.
SignedDecember 27, 1993
Agreement implementedNAFTA
Principal departmentsCommerce, Treasury and USTR

Before and after

Before the order

The NAFTA Implementation Act required executive arrangements before the agreement entered into force.

After the order

The U.S. Secretariat, panel, safeguard, notice and procurement procedures operated for NAFTA until the successor agreement took effect.

Who had to do what

Agency / officeActionTiming / position
CommerceOperate the U.S. section of the NAFTA SecretariatDuring NAFTA
Textile committee and CustomsImplement bilateral textile safeguardsAs required
Federal agenciesUse the specified notice periods for covered measuresSubject to urgent exceptions
USTR and procurement agenciesAdminister delegated and waived treatmentUnder the statute and agreement

What happened next

EO 12889 was signed.

NAFTA entered into force.

USMCA entered into force and replaced NAFTA.