Each Member shall conduct a review of its policy with regard to the submission of notifications on state trading enterprises to the Council for Trade in Goods, taking account of the provisions of this Understanding. The authentic text of GATT 1994 in the Spanish language shall be the text In carrying out such a review, each Member should have regard to the need to ensure the maximum transparency possible in its notifications so as to permit a clear appreciation of the manner of operation of the enterprises notified and the effect of their operations on international trade. . 1 GATT 1994. 0000056016 00000 n 1. All restrictions applied for balance-of-payments purposes shall be subject to periodic review in the Committee under paragraph 4(b) of Article XII or under paragraph 12(b) of Article XVIII, subject to the possibility of altering the periodicity of consultations in agreement with the consulting Member or pursuant to any specific review procedure that may be recommended by the General Council. Developed contracting parties shall therefore not seek, neither shall less-developed contracting parties be required to make, concessions that are inconsistent with the latter's development, financial and trade needs. These negotiations will be entered into in good faith with a view to achieving mutually satisfactory compensatory adjustment. party" shall be deemed to read "developing country Member" and "developed country Member". . 0000374032 00000 n GATT 1947, that prohibits the use, sale or lease of foreign-built or foreign-reconstructed vessels in 0000147222 00000 n The legal standard under Articles I:1 and III:4 of the GATT 1994 and Article 2.1 of the TBT Agreement with respect to their non-discrimination obligations is fundamentally the same 339. The determination of principal supplying and substantial interests and the calculation of compensation shall take into account, inter alia, production capacity and investment in the affected product in the exporting Member and estimates of export growth, as well as forecasts of demand for the product in the importing Member. . relevant vessels as well as additional information on the use, sale, lease or repair of relevant vessels In no case shall a Member's liability for compensation exceed that which would be entailed by complete withdrawal of the concession. Members confirm their commitment to give preference to those measures which have the least disruptive effect on trade. The words "developing countries" as used in this text are to be understood to refer also to developing territories. . Each Member is fully responsible under GATT 1994 for the observance of all provisions of GATT 1994, and shall take such reasonable measures as may be available to it to ensure such observance by regional and local governments and authorities within its territory. . In the administration of quantitative restrictions, a Member shall use discretionary licensing only when unavoidable and shall phase it out progressively. 2. taken in time of war or other emergency in international relations[. specified prior to the date of entry into force of the WTO Agreement. GATS Article 11:1 is the equivalent of GATT Article 1:1 relating to trade in services. instrument. . 0000073745 00000 n Differential and more favourable treatment with respect to the provisions of the General Agreement concerning non-tariff measures governed by the provisions of instruments multilaterally negotiated under the auspices of the GATT; Regional or global arrangements entered into amongst less-developed contracting parties for the mutual reduction or elimination of tariffs and, in accordance with criteria or conditions which may be prescribed by the CONTRACTING PARTIES, for the mutual reduction or elimination of non-tariff measures, on products imported from one another; Special treatment on the least developed among the developing countries in the context of any general or specific measures in favour of developing countries. Procedures for Balance-of-Payments Consultations. . It shall report annually to the Council for Trade in Goods.[1]. In those cases in which a Member applies quantitative restrictions, it shall provide justification as to the reasons why price-based measures are not an adequate instrument to deal with the balance-of-payments situation. Consultations may be held under the simplified procedures approved on 19 December 1972 (BISD 20S/47-49, referred to in this Understanding as "simplified consultation procedures") in the case of least-developed country Members or in the case of developing country Members which are pursuing liberalization efforts in conformity with the schedule presented to the Committee in previous consultations. In order to ensure transparency of the legal rights and obligations deriving from paragraph 1(b) . . In the determination of which Members have a principal supplying interest (whether as provided for in paragraph 1 above or in paragraph 1 of Article XXVIII) or substantial interest, only trade in the affected product which has taken place on an MFN basis shall be taken into consideration. charge" recorded at a level lower than that prevailing on the applicable date shall not be restored to a product for which three years' trade statistics are not available) the Member possessing initial negotiating rights on the tariff line where the product is or was formerly classified shall be deemed to have an initial negotiating right in the concession in question. 0000091782 00000 n . 0000279178 00000 n Having regard to the special economic difficulties and the particular development, financial and trade needs of the least-developed countries, the developed countries shall exercise the utmost restraint in seeking any concessions or contributions for commitments made by them to reduce or remove tariffs and other barriers to the trade of such countries, and the least-developed countries shall not be expected to make concessions or contributions that are inconsistent with the recognition of their particular situation and problems. Except in the case of least-developed country Members, no more than two successive consultations may be held under simplified consultation procedures. 0000021017 00000 n Each Party reaffirms its commitments under Article VIII.1 of GATT 1994. Article I:1 of the GATT, 1994 (MFN PRINCIPLE)- With respect to customs duties and charges of any kind imposed on or in connection with importation or exportation or imposed on the international transfer of payments for imports or exports, and with respect to the method of levying such duties and charges, and with respect to all rules and formalities in connection with importation and exportation, and with … . 0000073721 00000 n 0000166988 00000 n 0000109616 00000 n In the absence of specific proposals for recommendations by the General Council, the Committee's conclusions should record the different views expressed in the Committee. The recording of "other duties or charges" in the Schedules is without prejudice to their Article XI of GATT 1994 prohibits the application of quantitative restrictions except when they are applied temporally to prevent or relieve the critical shortage. The term "essential products" shall be understood to mean products which meet basic consumption needs or which contribute to the Member's effort to improve its balance-of-payments situation, such as capital goods or inputs needed for production. . of Article II, the nature and level of any "other duties or charges" levied on bound tariff items, as referred into force before the date of entry into force of the WTO Agreement; the provisions of the legal instruments set forth below that have entered into force under For this purpose, the duties and charges to be taken into consideration shall be the applied rates of duty. 0000020993 00000 n Article VI:3 of the GATT 1994 … The provisions of Part II of GATT 1994 shall not apply to measures taken by a Member 0000090826 00000 n Nation obligation of GATT Article I:1, and (2) the meaning accorded to “like product” concept in the National Treatment obligations of paragraphs 2 and 4 of GATT Article III. A Member shall notify to the General Council the introduction of or any changes in the application of restrictive import measures taken for balance-of-payments purposes, as well as any modifications in time-schedules for the removal of such measures as announced under paragraph 1. The GATT was most recently negotiated between the members of the WTO in the so-called Uruguay Round of 1986-1994, [1] following previous negotiations. . Norway, 9-2 International investment and taxation, General Agreement on Tariffs and Trade 1994 (GATT 1994). Appropriate justification shall be provided as to the criteria used to determine allowable import quantities or values. challenge the existence of an "other duty or charge", on the ground that no such "other duty or charge" under this paragraph. Nepal initiated to become the member of the then GATT following the Indo-Nepal trade dispute of 1989, which could have been a subject of dispute under Article V of GATT 1994. In cases where Members parties to an interim agreement believe that 10 years would be insufficient they shall provide a full explanation to the Council for Trade in Goods of the need for a longer period. It was signed by 23 nations in Geneva on 30 October 1947, and was applied on a provisional basis 1 January 1948. Simplified consultation procedures may also be used when the Trade Policy Review of a developing country Member is scheduled for the same calendar year as the date fixed for the consultations. . The developed countries do not expect reciprocity for commitments made by them in trade negotiations to reduce or remove tariffs and other barriers to the trade of developing countries, i.e., the developed countries do not expect the developing countries, in the course of trade negotiations, to make contributions which are inconsistent with their individual development, financial and trade needs. 0000293849 00000 n Paragraph 4 of the above-mentioned "Procedures for Negotiations under Article XXVIII" shall apply in these cases. It is understood that such time-schedules may be modified as appropriate to take into account changes in the balance-of-payments situation. Should the compensatory adjustment remain unacceptable, negotiations should be continued. The contracting parties will collaborate in arrangements for review of the operation of these provisions, bearing in mind the need for individual and joint efforts by contracting parties to meet the development needs of developing countries and the objectives of the General Agreement. XV:8, XXXVIII and the Notes Ad Article XII and XVIII; and in the provisions on special exchange References may be made, when relevant, to the information provided in other notifications or reports made to the WTO. 0000004354 00000 n . The original GATT text (GATT 1947) is still in effect under the WTO framework, subject to the modificati… OSLO concession the applicable date for the tariff item in question shall become the date of the incorporation Following negotiations within the framework of the Multilateral Trade Negotiations, the CONTRACTING PARTIES decide as follows: Notwithstanding the provisions of Article I of the General Agreement, contracting parties may accord differential and more favourable treatment to developing countries[1], without according such treatment to other contracting parties. on Tariffs and Trade 1994; Understanding on the Interpretation of Article XXIV of the General Agreement Article I: General Most-Favoured-Nation Treatment. [1] Starting from its negotiation history, the security exception of the GATT was riddled with debates over the meaning of some words like ‘essential security interests’ or ‘it considers’. It shall also develop an illustrative list showing the kinds of relationships between governments and enterprises, and the kinds of activities, engaged in by these enterprises, which may be relevant for the purposes of Article XVII. annexed to the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee 329 Article 3 - Technical Barriers To Trade . This article seeks to outline the scope of the provisions of Article III of GATT 1994, and highlight noteworthy points of interpretation under Articles III:1 and III:2 in order to acquire a fundamental understanding of the concept of national treatment under the above provisions and its interpretation by various WTO panels and the Appellate Body. Article VI:2 of GATT 1994 and Article 9.1, 9.2 and 9.3 of the Anti-Dumping Agreement because, inter alia, China: has imposed anti-dumping duties where all requirements for their imposition have not been fulfilled; has not imposed anti-dumping duties in Being a WTO member both countries are obliged to respect provisions laid in Article V of GATT. . be 15 April 1994. In such negotiations, as required by paragraph 6 of Article XXIV, due account shall be taken of reductions of duties on the same tariff line made by other constituents of the customs union upon its formation. Both Article 2.1 of the TBT Agreement and Article III:4 of the GATT prohibit a WTO Member from treating imported products less favourably than ‘like’ domestic goods. 0000262700 00000 n to prior notification to the Ministerial Conference. . Such measures (referred to in this Understanding as "price-based measures") shall be understood to include import surcharges, import deposit requirements or other equivalent trade measures with an impact on the price of imported goods. the tariff item to which they apply. Article II: Schedules of Concessions OVERVIEW OF RULES National treatment (GATT Article III) stands alongside MFN treatment as one of the central principles of the WTO Agreement. consistency with rights and obligations under GATT 1994 other than those affected by paragraph 4. of paragraph 1(b) of Article II of GATT 1994 supersedes the decision regarding the applicable date . . The basis for the calculation of compensation should be the amount by which future trade prospects exceed the level of the quota. 0000003794 00000 n . Recognizing the provisions of Articles XII and XVIII:B of GATT 1994 and of the Declaration on Trade Measures Taken for Balance-of-Payments Purposes adopted on 28 November 1979 (BISD 26S/205-209, referred to in this Understanding as the "1979 Declaration") and in order to clarify such provisions; Members confirm their commitment to announce publicly, as soon as possible, time-schedules for the removal of restrictive import measures taken for balance-of-payments purposes. Furthermore, that Member shall indicate the amount by which the price-based measure exceeds the bound duty clearly and separately under the notification procedures of this Understanding. It is recognized that for the purpose of the overall assessment of the incidence of other regulations of commerce for which quantification and aggregation are difficult, the examination of individual measures, regulations, products covered and trade flows affected may be required. 0000149429 00000 n The activities of this working party shall be coordinated with those of the working group provided for in Section III of the Ministerial Decision on Notification Procedures adopted on 15 April 1994. 0000146148 00000 n Members which have reasons to believe that a restrictive import measure applied by another Member was taken for balance-of-payments purposes may bring the matter to the attention of the Committee. In result, the closely resembles wording of Article III:4 GATT 1994 suggested a similar interpretation of the term under Article 2.1 TBT Agreement. The Ministerial Conference shall review this exemption not later than five years after It is understood that the Secretariat will provide a general background paper for the working party on the operations of state trading enterprises as they relate to international trade. . at 16 (same measure under Article XX(g) of GATT 1994); id. Noting that Article XVII provides for obligations on Members in respect of the activities of the state trading enterprises referred to in paragraph 1 of Article XVII, which are required to be consistent with the general principles of non-discriminatory treatment prescribed in GATT 1994 for governmental measures affecting imports or exports by private traders; . Members confirm that restrictive import measures taken for balance-of-payments purposes may only be applied to control the general level of imports and may not exceed what is necessary to address the balance-of-payments situation. At each subsequent renegotiation of a concession or negotiation of a new GATT 1994, if that is a later date. Should such reductions not be sufficient to provide the necessary compensatory adjustment, the customs union would offer compensation, which may take the form of reductions of duties on other tariff lines. The membership of the Committee is open to all Members indicating their wish to serve on it. commercial applications between points in national waters or the waters of an exclusive economic zone. . 3. also continue to be recorded in column 6 of the Loose-Leaf Schedules. 0000129205 00000 n This assessment shall be based on import statistics for a previous representative period to be supplied by the customs union, on a tariff-line basis and in values and quantities, broken down by WTO country of origin. 0000182723 00000 n . The concessions and contributions made and the obligations assumed by developed and less-developed contracting parties under the provisions of the General Agreement should promote the basic objectives of the Agreement, including those embodied in the Preamble and in Article XXXVI. Noting further that Members are subject to their GATT 1994 obligations in respect of those governmental measures affecting state trading enterprises; Recognizing that this Understanding is without prejudice to the substantive disciplines prescribed in Article XVII; On a yearly basis, each Member shall make available to the Secretariat a consolidated notification, including all changes in laws, regulations, policy statements or public notices, for examination by Members. The Committee shall follow the procedures for consultations on balance-of-payments restrictions approved on 28 April 1970 (BISD 18S/48-53, referred to in this Understanding as "full consultation procedures"), subject to the provisions set out below. The date as of which "other duties or charges" are bound, for the purposes of Article II, shall 0000004330 00000 n For the purposes of this paragraph, "new product" is understood to include a tariff item created by means of a breakout from an existing tariff line. The contracting parties recognize the validity of the general principles of valuation set forth in the following paragraphs of this Article, and they undertake to … When an unlimited tariff concession is replaced by a tariff rate quota, the amount of compensation provided should exceed the amount of the trade actually affected by the modification of the concession. "Governmental and non-governmental enterprises, including marketing boards, which have been granted exclusive or special rights or privileges, including statutory or constitutional powers, in the exercise of which they influence through their purchases or sales the level or direction of imports or exports." . The text of GATT 1994 in the French language shall be subject to the . The decision in paragraph 2 regarding the date applicable to each concession for the purposes agreements (RTAs) under Article XXIV:5 of GATT 1994. The provisions of paragraph 1 apply to the following:[2], Preferential tariff treatment accorded by developed contracting parties to products originating in developing countries in accordance with the Generalized System of Preferences,[3]. Where a tariff item has previously been the subject of a concession, the level of "other duties 330 All Members retain the right to challenge, at any time, the consistency of any "other duty or charge" Such an offer shall be taken into consideration by the Members having negotiating rights in the binding being modified or withdrawn. Having regard to the provisions of Article XXIV of GATT 1994; Recognizing that customs unions and free trade areas have greatly increased in number and importance since the establishment of GATT 1947 and today cover a significant proportion of world trade; Recognizing the contribution to the expansion of world trade that may be made by closer integration between the economies of the parties to such agreements; Recognizing also that such contribution is increased if the elimination between the constituent territories of duties and other restrictive regulations of commerce extends to all trade, and diminished if any major sector of trade is excluded; Reaffirming that the purpose of such agreements should be to facilitate trade between the constituent territories and not to raise barriers to the trade of other Members with such territories; and that in their formation or enlargement the parties to them should to the greatest possible extent avoid creating adverse effects on the trade of other Members; Convinced also of the need to reinforce the effectiveness of the role of the Council for Trade in Goods in reviewing agreements notified under Article XXIV, by clarifying the criteria and procedures for the assessment of new or enlarged agreements, and improving the transparency of all Article XXIV agreements; Recognizing the need for a common understanding of the obligations of Members under paragraph 12 of Article XXIV; Customs unions, free-trade areas, and interim agreements leading to the formation of a customs union or free-trade area, to be consistent with Article XXIV, must satisfy, inter alia, the provisions of paragraphs 5, 6, 7 and 8 of that Article.
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