The Mexican Mining Chamber (Camimex) has called for greater protection for mining investments in the United States-Mexico-Canada Agreement (USMCA).

In its opinion, mining investments should benefit from comprehensive investment protection and dispute resolution mechanisms. 

Mining investments in the USMCA

Currently, the mining sector is not listed as a “covered sector” in Annex 14-E (Investment Disputes between Mexico and the United States Related to Covered Government Contracts) of Chapter 14 (Investment) of the USMCA. 

As a result, it does not have full access to Investor-State Dispute Settlement (ISDS) procedures.

Data indicate that, in fiscal year 2025, 43% of new ISDS cases correspond to the oil, gas, and mining sectors; mining accounted for 19 cases, the highest number among all sectors. 

ICSID statistics confirm that 26% of all cases administered relate to oil, gas, and mining, the highest percentage of any industry. 

In a letter sent to the U.S. Trade Representative (USTR), Camimex stated that these figures underscore the “urgent need” to include mining as a fully protected sector under ISDS.

Furthermore, it considered that during the next joint review of the USMCA, specific provisions should be negotiated for the settlement of disputes between states on mining matters, which would ensure the rapid and effective resolution of disagreements on its implementation or interpretation.

Institutional Framework and Cooperation

The chapters of the USMCA include committees responsible for overseeing the implementation of the agreement. They also have the function of recommending amendments, promoting cooperation, and facilitating the exchange of information between member countries.

According to Camimex, expanding these functions to a committee specializing in mining would generate great benefits for the sector. This would strengthen ongoing dialogue, transparency, and the ability to adapt to regulatory changes.

The Chamber explained that such a committee could take on the essential task of formulating key proposals for consideration by the Commission. This would ensure the creation of specific provisions and high-impact recommendations. Among these are the following:

• Promote incentives that drive the expansion of mining operations and intermediate processing plants in North America, addressing current capacity constraints.
• Create strategic storage programs and joint purchasing initiatives that ensure sufficient reserves in the event of supply disruptions and maintain price stability.
• Design coordinated mechanisms to stabilize commodity markets, reducing volatility and offering greater predictability for long-term investments.
• Promote research projects focused on mineral processing, recycling, and low environmental impact technologies, with the aim of positioning North America as a leader in sustainable mining.
• Drive transnational investment through large-scale public-private collaborative projects throughout the region.