1. The United States of America hereby makes this submission pursuant to Article 1128 of the North American Free Trade Agreement ("NAFTA"), which authorizes non-disputing Parties to make submissions to a Tribunal on a question of interpretation of the NAFT A. The United States does not, through this submission, take a position on how the following interpretation applies to the facts of this case. No inference should be drawn from the absence of comment on any issue not addressed below.

Article 1120 (Submission of a Claim to Arbitration)

2. NAFT A Article 1121, entitled "Conditions Precedent to Submission of a Claim to Arbitration," provides in part that "[a] disputing investor may submit a claim under Article 1116 to arbitration only if: (a) the investor consents to arbitration in accordance with the procedures set out in this Agreement ... . " NAFTA Article 1122, entitled "Consent to Arbitration," further provides in part that "[e]ach Party consents to the submission of a claim to arbitration in accordance with the procedures set out in this Agreement." No Chapter Eleven claim may be submitted unless these procedures have been satisfied.