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AGREEMENT ESTABLISHING THE WORLD TRADE ORGANIZATION

Done at Marrakesh this fifteenth day of April one thousand nine hundred and ninety-four, in a single copy, in the English, French and Spanish languages, each text being authentic.

Explanatory Notes:

The terms ‘country’ or ‘countries’ as used in this Agreement and the Multilateral Trade Agreements are to be understood to include any separate customs territory Member of the WTO.

In the case of a separate customs territory Member of the WTO, where an expression in this Agreement and the Multilateral Trade Agreements is qualified by the term ‘national’, such expression shall be read as pertaining to that customs territory, unless otherwise specified.

LIST OF ANNEXES

ANNEX 1
ANNEX 1A:	Multilateral Agreements on Trade in Goods
	General Agreement on Tariffs and Trade 1994
	Agreement on Agriculture
	Agreement on the Application of Sanitary and Phytosanitary Measures
	Agreement on Textiles and Clothing
	Agreement on Technical Barriers to Trade
	Agreement on Trade-Related Investment Measures
	Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994
	Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994
	Agreement on Preshipment Inspection
	Agreement on Rules of Origin
	Agreement on Import Licensing Procedures
	Agreement on Subsidies and Countervailing Measures
	Agreement on Fisheries Subsidies
	Agreement on Safeguards
ANNEX 1B:	General Agreement on Trade in Services and Annexes
ANNEX 1C:	Agreement on Trade-Related Aspects of Intellectual Property Rights
ANNEX 2	Understanding on Rules and Procedures Governing the Settlement of Disputes
ANNEX 3	Trade Policy Review Mechanism
ANNEX 4	Agreement on Government Procurement
	International Dairy Arrangement
	Arrangement regarding bovine meat

ANNEX 1

ANNEX 1A

MULTILATERAL AGREEMENTS ON TRADE IN GOODS

General interpretative note to Annex 1A:

In the event of conflict between a provision of the General Agreements on Tariffs and Trade 1994 and a provision of another agreement in Annex 1A to the Agreement Establishing the World Trade Organization (referred to in the agreements in Annex 1A as the ‘WTO Agreement’), the provision of the other agreement shall prevail to the extent of the conflict.

GENERAL AGREEMENT ON TARIFFS AND TRADE 1994

UNDERSTANDING ON THE INTERPRETATION OF ARTICLE II:1(b) OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994

MEMBERS HEREBY AGREEE AS FOLLOWS:

UNDERSTANDING ON THE INTERPRETATION OF ARTICLE XVII OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994

MEMBERS,

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;

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;

HEREBY AGREE AS FOLLOWS:

‘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.’

This notification requirement does not apply to imports of products for immediate or ultimate consumption in governmental use or in use by an enterprise as specified above and not otherwise for resale or use in the production of goods for sale.

UNDERSTANDING ON THE BALANCE-OF-PAYMENTS PROVISIONS OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994

MEMBERS,

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 ( 7 );

HEREBY AGREE AS FOLLOWS:

Application of Measures

Procedures for Balance-of-Payments Consultations

Notification and Documentation

Conclusions of Balance-of-Payments Consultations

UNDERSTANDING ON THE INTERPRETATION OF ARTICLE XXIV OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994

MEMBERS,

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;

HEREBY AGREE AS FOLLOWS:

Article XXIV: 5

Article XXIV: 6

Review of Customs Unions and Free-Trade Areas

Dispute Settlement

Article XXIV: 12

UNDERSTANDING IN RESPECT OF WAIVERS OF OBLIGATIONS UNDER THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994

MEMBERS HEREBY AGREE AS FOLLOWS:

may invoke the provisions of Article XXIII of GATT 1994 as elaborated and applied by the Dispute Settlement Understanding.

UNDERSTANDING ON THE INTERPRETATION OF ARTICLE XXVIII OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994

MEMBERS HEREBY AGREE AS FOLLOWS:

In no case shall a Member's liability for compensation exceed that which would be entailed by complete withdrawal of the concession.

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ANNEX TO THE AGREEMENT ON TRADE FACILITATION

NOTIFICATION OF CATEGORY A COMMITMENTS UNDER THE AGREEMENT ON TRADE FACILITATION

ALBANIA

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as ‘the Preparatory Committee’) shall, inter alia, receive from Members their notifications of category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as ‘the Agreement’).

With reference to the above, the Government of Albania has the honour to notify the Preparatory Committee that it hereby designates the following provisions of the Agreement under Category A, which will be implemented upon entry into force of the Agreement:

BOTSWANA

Pursuant to the Ministerial Decision of the 7 December 2013 (WT/MIN (13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (herein referred to as the ‘Preparatory Committee’) shall, inter alia, received Members' notifications of Category A commitments under the Agreement of Trade Facilitation (hereinafter referred to as the ‘Agreement’).

With reference to the above, the Government of the Republic of Botswana has the honour to notify the Preparatory Committee that the Republic of Botswana designates the following provisions contained in Section I of the Agree as Category A commitments, which will be implemented upon entry into force of the Agreement:

BRAZIL

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as ‘the Preparatory Committee’) shall, inter alia, receive Members' notifications of Category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as ‘the Agreement’).

With reference to the above, the Mission of Brazil has the honour to notify the Preparatory Committee on Trade Facilitation that it designates all the provisions in Section I of the Agreement as Category A commitments, except for the following:

BRUNEI DARUSSALAM

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911) and in accordance with Article 15 in Section II of the Agreement on Trade Facilitation (hereinafter referred to as ‘the Agreement’), the Preparatory Committee on Trade Facilitation established under the General Council (‘the Preparatory Committee’) shall, inter alia, receive Members' notification of Category A commitments under the Agreement.

With reference to the above, the Government of Brunei Darussalam has the honour to notify the Preparatory Committee that Brunei Darussalam hereby designates all the provisions in Articles 1 to 12 of the Agreement under Category A, except for the following:

CHILE

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36) and in accordance with Article 15 in Section II of the Agreement on Trade Facilitation (‘the Agreement’), Chile hereby advises that all the provisions in Section I of the Agreement have been designated as Category A commitments for implementation upon its entry into force, except for Article 7.7 on authorized operators.

CHINA

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as ‘the Preparatory Committee’) shall, inter alia, receive Members' notification of Category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as ‘the Agreement’).

With reference to the above, the Government of the People's Republic of China has the honour to notify the Preparatory Committee that the People's Republic of China hereby designates all the provisions in Section I of the Agreement as Category A commitments except for the following:

COLOMBIA

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36) and in accordance with Article 15 in Section II of the Agreement on Trade Facilitation (‘the Agreement’), Colombia hereby notifies that all the provisions in Section I of the Agreement have been designated as Category A commitments for implementation upon its entry into force, except for the following:

CONGO

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36) and Article 15 of Section II of the Agreement on Trade Facilitation, the Government of the Republic of the Congo has the honour to notify its Category A commitments, in accordance with the provisions listed below:

COSTA RICA

Pursuant to paragraphs 2 and 3 of the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36) and in accordance with Article 15 in Section II of the Agreement on Trade Facilitation (‘the Agreement’), Costa Rica hereby notifies that all the provisions in Section I of the Agreement have been designated as Category A commitments, except for the following:

CÔTE D'IVOIRE

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911) and Article 15 in Section II of the Agreement on Trade Facilitation, the Republic of Côte d'Ivoire hereby notifies its Category A commitments, in accordance with the provisions listed below:

DOMINICAN REPUBLIC

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as ‘the Preparatory Committee’) shall, inter alia, receive Members' notifications of Category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as ‘the Agreement’).

With reference to the above, the Government of the Dominican Republic has the honour to notify the Preparatory Committee of the provisions designated in Category A, corresponding to Section I of the Agreement.

ECUADOR

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36) and Article 15 of Section II of the Agreement on Trade Facilitation, the Republic of Ecuador hereby notifies its Category A commitments, in accordance with the provisions listed below:

EGYPT

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36) and Article 15 of Section II of the Agreement on Trade Facilitation, Egypt hereby notifies its Category ‘A’ commitments, in accordance with the provisions listed below:

EL SALVADOR

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36) and in accordance with Article 15 in Section II of the Agreement on Trade Facilitation (hereinafter referred to as ‘the Agreement’), El Salvador hereby notifies its Category A commitments, in accordance with the provisions listed below:

GABON

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911) and Article 15 in Section II of the Agreement on Trade Facilitation, the Gabonese Republic hereby notifies its Category A commitments, in accordance with the provisions listed below:

GUATEMALA

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter the ‘Preparatory Committee’) shall, inter alia, receive Members' notifications of Category A commitments under the Agreement on Trade Facilitation (hereinafter the ‘Agreement’).

With reference to the above, the Government of Guatemala wishes hereby to notify the Preparatory Committee that all the provisions in Section I of the Agreement have been designated as Category A commitments in accordance with WTO document WT/PCTF/W/27 of 7 July 2014, except for the following:

HONDURAS

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36) and Article 15 in Section II of the Agreement on Trade Facilitation (‘the Agreement’), Honduras hereby notifies its Category A commitments, in accordance with the provisions listed below:

HONG KONG, CHINA

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as ‘the Preparatory Committee’) shall, inter alia, receive from Members their notifications of Category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as ‘the Agreement’).

With reference to the above, the Government of Hong Kong, China has the honour to notify the Preparatory Committee that Hong Kong, China hereby designates all provisions contained in Articles 1 to 12 of the Agreement (annexed to the above Ministerial Decision) under Category A, which will be implemented upon entry into force of the Agreement.

INDONESIA

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as ‘the Preparatory Committee’) shall, inter alia, receive from Members their notifications of Category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as ‘the Agreement’).

With reference to the above, the Government of the Republic of Indonesia has the honour to notify the Preparatory Committee that Indonesia hereby designates the following provisions of the Agreement under Category A, which will be implemented upon entry into force of the Agreement:

ISRAEL

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council shall, inter alia, receive from Members their notifications of Category A commitments under the Trade Facilitation Agreement.

With reference to the above, the State of Israel has the honour to notify the Preparatory Committee on Trade Facilitation that the State of Israel hereby designates all of the provisions contained in Section I of the Agreement as Category A.

JORDAN

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as ‘the Preparatory Committee’) shall, inter alia, receive Members' notifications of category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as ‘the Agreement’).

With reference to the above, the Government of Jordan has the honour to notify the Preparatory Committee that it designates all of the provisions contained in Section I of the Agreement (annexed to the above-mentioned Ministerial Decision) under Category A for implementation in full upon the entry into force of the Agreement, except for the following:

KOREA

I have the honour to refer to the Ministerial Decision on 7 December 2013 (WT/MIN(13)/36, WT/L/911), under which the Preparatory Committee on Trade Facilitation was established under the General Council (herein referred to as ‘the Preparatory Committee’) shall, inter alia, receive from Members their notifications of Category A commitments under the Agreement on Trade Facilitation (herein referred to as ‘the Agreement’).

Further, I have the additional honour to notify the Preparatory Committee that the Government of the Republic of Korea has decided to designate all provisions contained in Articles 1 through 12 of the Agreement under Category A.

KUWAIT

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as the ‘Preparatory Committee’) shall, inter alia, receive from Members their notifications of Category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as the ‘Agreement’).

With reference to the above, the State of Kuwait has the honour to notify the Preparatory Committee that the State of Kuwait hereby designates the provisions contained in Annex I under Category A, except for the following:

KYRGYZ REPUBLIC

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as ‘the Preparatory Committee’) shall, inter alia, receive from Members their notifications of Category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as ‘the Agreement’).

With reference to the above, on behalf of the Ministry of Economy of the Kyrgyz Republic we are pleased to notify the Preparatory Committee that the Kyrgyz Republic designates the following provisions contained in Section I of the Agreement (annexed to the above mentioned Ministerial Decision) as Category A commitments, which will be implemented upon entry into force of the Agreement:

MACAO CHINA

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN (13)/36), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as the ‘Preparatory Committee’) shall, inter alia, receive Members' notifications of Category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as ‘the Agreement’).

With reference to the above, the Government of Macao, China has the honour to notify the Preparatory Committee that Macao, China hereby designates all the provisions contained in Articles 1 to 12 of the Agreement under Category A, which will be implemented upon entry into force of the Agreement, except for the following:

MALAYSIA

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as the ‘Preparatory Committee’) shall, inter alia, receive Members' notifications of Category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as the ‘Agreement’).

With reference to the above, the Government of Malaysia has the honour to notify the Preparatory Committee that Malaysia hereby designates all provisions contained in Articles 1 to 12 of the Agreement (annexed to the above Ministerial Decision) under Category A, except for the following:

MAURITIUS

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as ‘the Preparatory Committee’) shall, inter alia, receive from Members their notifications of Category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as ‘the Agreement’).

With reference to the above, the Government of the Republic of Mauritius has the honour to notify the Preparatory Committee that the Republic of Mauritius hereby designates the following provisions of the Agreement (annexed to the above Ministerial Decision) under Category A, which will be implemented upon entry into force of the Agreement:

MEXICO

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as the ‘Preparatory Committee’) shall, inter alia, receive Members' notifications of Category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as the ‘Agreement’).

With reference to the above, the Government of Mexico has the honour to notify the Preparatory Committee that it designates all of the provisions contained in Section I of the Agreement (annexed to the above-mentioned Ministerial Decision) under Category A for implementation in full upon the entry into force of the Agreement.

MOLDOVA

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as ‘the Preparatory Committee’) shall, inter alia, receive Members' notifications of category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as ‘the Agreement’).

With reference to the above, the Government of the Republic of Moldova has the honour to notify the Preparatory Committee that the Republic of Moldova designates the following provisions contained in Section I of the Agreement (annexed to the above-mentioned Ministerial Decision) as Category A commitments, which will be implemented upon entry into force of the Agreement:

MONGOLIA

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as the ‘Preparatory Committee’) shall, inter alia, receive Members' notifications of Category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as the ‘Agreement’).

With reference to the above, the Government of Mongolia has the honour to notify the Preparatory Committee that Mongolia hereby designates the following provisions contained in Section I of the Agreement (annexed to the above-mentioned Ministerial Decision) as Category A commitments which will be implemented upon entry into force of the Agreement:

MONTENEGRO

Pursuant to the Ministerial Decision of 7 December 2013 (wt/min(13)/36, wt/l/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as the ‘Preparatory Committee’) shall, inter alia, receive Members' notifications of Category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as the ‘Agreement’).

With reference to the above, the Government of Montenegro has the honour to notify the Preparatory Committee that Montenegro hereby designates the following provisions contained in Section I of the Agreement under Category A, which will be implemented upon entry into force of the agreement:

KINGDOM OF MOROCCO

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36 — WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as the ‘Preparatory Committee’) shall, inter alia, receive Members' notifications of Category A commitments under the Agreement on Trade Facilitation.

With reference to the above, the Kingdom of Morocco has the honour to notify the Preparatory Committee that it designates the following provisions under Category A.

NICARAGUA

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as the ‘Preparatory Committee’) shall, inter alia, receive Members' notifications of Category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as the ‘Agreement’).

With reference to the above, the Government of Nicaragua has the honour to notify the Preparatory Committee of the provisions designated in Category A, corresponding to Section I of the Agreement.

NIGERIA

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN (13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (herein referred to as the ‘Preparatory Committee’) shall, inter alia, receive Members' notifications of Category A commitments under the Agreement of Trade Facilitation (hereinafter referred to as the ‘Agreement’).

With reference to the above, the Government of the Federal Republic of Nigeria has the honour to notify the Preparatory Committee that Nigeria hereby designates the following provisions contained in Section I of the Agreement under Category A, which will be implemented upon entry into force of the Agreement:

OMAN

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as ‘the Preparatory Committee’) shall, inter alia, receive from Members their notifications of category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as ‘the Agreement’).

With reference to the above, the Government of the Sultanate of Oman has the honour to notify the Preparatory Committee that Oman hereby designates the following provisions of the Agreement under Category A, which will be implemented upon entry into force of the Agreement:

PANAMA

Pursuant to paragraphs 2 and 3 of the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911) and in accordance with Article 15 in Section II of the Agreement on Trade Facilitation (hereinafter referred to as ‘the Agreement’), Panama hereby notifies that the following provisions in Section I of the Agreement have been designated as Category A commitments for implementation upon its entry into force:

PARAGUAY

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36) and Article 15 of Section II of the Agreement on Trade Facilitation, the Republic of Paraguay hereby notifies its Category A commitments, in accordance with the provisions listed below:

PERU

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36) and in accordance with Article 15 in Section II of the Agreement on Trade Facilitation (‘the Agreement’), Peru hereby notifies that all the provisions in Section I of the Agreement have been designated as Category A commitments for implementation upon its entry into force, except for the following:

PHILIPPINES

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as the ‘Preparatory Committee’) shall, inter alia, receive Members' notifications of Category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as the ‘Agreement’).

With reference to the above, the Government of the Philippines has the honour to notify the Preparatory Committee that it designates the following provisions contained in Section I of the Agreement (annexed to the above-mentioned Ministerial Decision) under Category A:

QATAR

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as ‘the Preparatory Committee’) shall, inter alia, receive Members' notification of Category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as ‘the Agreement’).

With reference to the above, the Government of the State of Qatar has the privilege to notify the Preparatory Committee that the State of Qatar hereby designates all the provisions in Section I of the Agreement as Category A commitments except for the following:

KINGDOM OF SAUDI ARABIA

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as the ‘Preparatory Committee’) shall, inter alia, receive Members' notifications of Category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as the ‘Agreement’).

With reference to the above, the Government of Kingdom of Saudi Arabia has the honour to notify the Preparatory Committee that it designates all of the provisions contained in Section I of the Agreement (annexed to the above-mentioned Ministerial Decision) under Category A for implementation in full upon the entry into force of the Agreement, except for the following:

SENEGAL

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36) on the Agreement on Trade Facilitation, Senegal hereby notifies its Category A commitments, in accordance with the provisions listed below:

SINGAPORE

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as ‘the Preparatory Committee’) shall, inter alia, receive from Members their notifications of Category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as ‘the Agreement’).

With reference to the above, the Government of the Republic of Singapore has the honour to notify the Preparatory Committee that the Republic of Singapore hereby designates all provisions contained in Articles 1 to 12 of the Agreement (annexed to the above Ministerial Decision) under Category A, which will be implemented upon entry into force of the Agreement.

SRI LANKA

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as the ‘Preparatory Committee’) shall, inter alia, receive from Members their notifications of Category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as the ‘Agreement’).

With reference to the above, the Government of the Democratic Socialist Republic of Sri Lanka has the honour to notify the Preparatory Committee that Sri Lanka designates the following provisions of the Agreement (annexed to the above Ministerial Decision) under Category A, which will be implemented upon entry into force of the Agreement:

SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as ‘the Preparatory Committee’) shall, inter alia, receive from Members their notifications of Category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as ‘the Agreement’).

With reference to the above, the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu has the honour to notify the Preparatory Committee that it designates all provisions contained in Articles 1 to 12 of the Agreement (annexed to the above-mentioned Ministerial Decision) under Category A for full implementation upon the entry into force of the Agreement.

TAJIKISTAN

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council is authorized, inter alia, to receive Members' notifications of Category A commitments under the Agreement on Trade Facilitation.

With reference to the above, the Government of Tajikistan has the honour to notify the Preparatory Committee that it designates the following provisions of Section I of the Agreement (annexed to the above-mentioned Ministerial Decision) under Category A for implementation in full upon the entry into force of the Agreement:

THAILAND

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as ‘the Preparatory Committee’) shall, inter alia, receive from Members their notifications of Category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as ‘the Agreement’).

With reference to the above, the Royal Thai Government has the honour to notify the Preparatory Committee that Thailand hereby designates all of the provisions contained in Section I of the Agreement under Category A, which will be implemented upon entry into force of the Agreement, except for the following:

TUNISIA

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911) and Article 15 in Section II of the Agreement on Trade Facilitation, the Government of the Tunisian Republic hereby notifies the following provisions of that Agreement under Category A:

TURKEY

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as the ‘Preparatory Committee’) shall, inter alia, receive Members' notifications of Category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as the ‘Agreement’).

With reference to the above, the Government of Turkey has the honour to notify the Preparatory Committee that it designates all of the provisions contained in Section I of the Agreement (annexed to the above-mentioned Ministerial Decision) under Category A for implementation in full upon the entry into force of the Agreement, except for the following:

UKRAINE

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as the ‘Preparatory Committee’) shall, inter alia, receive Members' notifications of Category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as the ‘Agreement’).

With reference to the above, the Government of Ukraine has the honour to notify the Preparatory Committee that Ukraine hereby designates the following provisions contained in Section I of the Agreement under Category A, which will be implemented upon entry into force of the Agreement:

URUGUAY

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36) and in accordance with Article 15 in Section II of the Agreement on Trade Facilitation (‘the Agreement’), the Oriental Republic of Uruguay shall designate all the provisions in Section I of the Agreement as Category A commitments upon its entry into force, with the exception of Article 7.3, ‘Separation of Release from Final Determination of Customs Duties, Taxes, Fees and Charges’, which shall be designated as Category B commitments.

VIET NAM

Pursuant to the Ministerial Decision of 7 December 2013 (WT/MIN(13)/36, WT/L/911), the Preparatory Committee on Trade Facilitation established under the General Council (hereinafter referred to as the ‘Preparatory Committee’) shall, inter alia, receive Members' notifications of Category A commitments under the Agreement on Trade Facilitation (hereinafter referred to as the ‘Agreement’).

With reference to the above, the Government of the Socialist Republic of Viet Nam has the honour to notify the Preparatory Committee that Viet Nam hereby designates the following provisions contained in Section I of the Agreement under Category A, which will be implemented upon entry into force of the Agreement:

▼B

MARRAKESH PROTOCOL

to the General Agreement on Tariffs and Trade 1994

MEMBERS,

Having carried out negotiations within the framework of GATT 1947, pursuant to the Ministerial Declaration on the Uruguay Round,

HEREBY AGREE AS FOLLOWS:

[The agreed schedules of participants will be annexed to the Marrakesh Protocol in the treaty copy of the WTO Agreement.]

AGREEMENT ON AGRICULTURE

PART I

Article 1

Definition of Terms

In this Agreement, unless the context otherwise requires:

Article 2

Product Coverage

This Agreement applies to the products listed in Annex 1 to this Agreement, hereinafter referred to as agricultural products.

PART II

Article 3

Incorporation of Concessions and Commitments

PART III

Article 4

Market Access

Article 5

Special Safeguard Provisions

In all cases the additional duty may be imposed in any year where the absolute volume of imports of the product concerned entering the customs territory of the Member granting the concession exceeds the sum of (x) the base trigger level set out above multiplied by the average quantity of imports during the three preceding years for which data are available and (y) the absolute volume change in domestic consumption of the product concerned in the most recent year for which data are available compared to the preceding year, provided that the trigger level shall not be less than 105 per cent of the average quantity of imports in (x) above.

PART IV

Article 6

Domestic Support Commitments

Article 7

General Disciplines on Domestic Support

PART V

Article 8

Export Competition Commitments

Each Member undertakes not to provide export subsidies otherwise than in conformity with this Agreement and with the commitments as specified in that Member's Schedule.

Article 9

Export subsidy Commitments

Article 10

Prevention of Circumvention of Export Subsidy Commitments

Article 11

Incorporated Products

In no case may the per-unit subsidy paid on an incorporated agricultural primary product exceed the per-unit export subsidy that would be payable on exports of the primary product as such.

PART VI

Article 12

Disciplines on Export Prohibitions and Restrictions

PART VII

Article 13

Due Restraint

During the implementation period, notwithstanding the provisions of GATT 1994 and the Agreement on Subsidies and Countervailing Measures (referred to in this Article as the ‘Subsidies Agreement’):

PART VIII

Article 14

Sanitary and Phytosanitary Measures

Members agree to give effect to the Agreement on the Application of Sanitary and Phytosanitary Measures.

PART IX

Article 15

Special and Differential Treatment

PART X

Article 16

Least-Developed and Net Food-Importing Developing Countries

PART XI

Article 17

Committee on Agriculture

A Committee on Agriculture is hereby established.

Article 18

Review of the Implementation of Commitments

Article 19

Consultation and Dispute Settlement

The provisions of Articles XXII and XXIII of GATT 1994, as elaborated and applied by the Dispute Settlement Understanding, shall apply to consultations and the settlement of disputes under this Agreement.

PART XII

Article 20

Continuation of the Reform Process

Recognizing that the long-term objective of substantial progressive reductions in support and protection resulting in fundamental reform is an on-going process, Members agree that negotiations for continuing the process will be initiated one year before the end of the implementation period, taking into account:

PART XIII

Article 21

Final Provisions

ANNEX 1

PRODUCT COVERAGE

ANNEX 2

DOMESTIC SUPPORT: THE BASIS FOR EXEMPTION FROM THE REDUCTION COMMITMENTS

Government Service Programmes

2.    General services

Policies in this category involve expenditures (or revenue foregone) in relation to programmes which provide services or benefits to agriculture or the rural community. They shall not involve direct payments to producers or processors. Such programmes, which include but are not restricted to the following list, shall meet the general criteria in paragraph 1 above and policy-specific conditions where set out below:

3.    Public stock-holding for food security purposes ( 12 )

Expenditures (or revenue foregone) in relation to the accumulation and holding of stocks of products which form an integral part of a food security programme identified in national legislation. This may include government aid to private storage of products as part of such a programme.

The volume and accumulation of such stocks shall correspond to pre-determined targets related solely to food security. The process of stock accumulation and disposal shall be financially transparent. Food purchases by the government shall be made at current market prices and sales from food security stocks shall be made at no less than the current domestic market price for the product and quality in question.

4.    Domestic food aid ( 13 )

Expenditures (or revenue foregone) in relation to the provision of domestic food aid to sections of the population in need.

Eligibility to receive the food aid shall be subject to clearly-defined criteria related to nutritional objectives. Such aid shall be in the form of direct provision of food to those concerned or the provision of means to allow eligible recipients to buy food either at market or at subsidized prices. Food purchases by the government shall be made at current market prices and the financing and administration of the aid shall be transparent.

5.    Direct payments to producers

Support provided through direct payments (or revenue foregone, including payments in kind) to producers for which exemption from reduction commitments is claimed shall meet the basic criteria set out in paragraph 1 above, plus specific criteria applying to individual types of direct payment as set out in paragraphs 6 through 13 below. Where exemption from reduction is claimed for any existing or new type of direct payment other than those specified in paragraphs 6 through 13, it shall conform to criteria (b) through (e) in paragraph 6, in addition to the general criteria set out in paragraph 1.

6.    De-coupled income support

7.    Government financial participation in income insurance and income safety-net programmes

8.    Payments (made either directly or by way of government financial participation in crop insurance schemes) for relief from natural disasters

9.    Structural adjustment assistance provided through producer retirement programmes

10.    Structural adjustment assistance provided through resource retirement programmes

11.    Structural adjustment assistance provided through investment aids

12.    Payments under environmental programmes

13.    Payments under regional assistance programmes

ANNEX 3

DOMESTIC SUPPORT: CALCULATION OF AGGREGATE MEASUREMENT OF SUPPORT

ANNEX 4

DOMESTIC SUPPORT: CALCULATION OF EQUIVALENT MEASUREMENT OF SUPPORT

ANNEX 5

SPECIAL TREATMENT WITH RESPECT TO PARAGRAPH 2 OF ARTICLE 4

Section A

Section B

Attachment to Annex 5

Guidelines for the Calculation of Tariff Equivalents for the Specific Purpose Specified in paragraphs 6 and 10 of this Annex

AGREEMENT ON THE APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES

Article 1

General Provisions

Article 2

Basic Rights and Obligations

Article 3

Harmonization

Article 4

Equivalence

Article 5

Assessment of Risk and Determination of the Appropriate Level of Sanitary or Phytosanitary Protection

Article 6

Adaptation to Regional Conditions, Including Pest- or Disease-Free Areas and Areas of Low Pest or Disease Prevalence

Article 7

Transparency

Members shall notify changes in their sanitary or phytosanitary measures and shall provide information on their sanitary or phytosanitary measures in accordance with the provisions of Annex B.

Article 8

Control, Inspection and Approval Procedures

Members shall observe the provisions of Annex C in the operation of control, inspection and approval procedures, including national systems for approving the use of additives or for establishing tolerances for contaminants in foods, beverages or feedstuffs, and otherwise ensure that their procedures are not inconsistent with the provisions of this Agreement.

Article 9

Technical Assistance

Article 10

Special and Differential Treatment

Article 11

Consultations and Dispute Settlement

Article 12

Administration

Article 13

Implementation

Members are fully responsible under this Agreement for the observance of all obligations set forth herein. Members shall formulate and implement positive measures and mechanisms in support of the observance of the provisions of this Agreement by other than central government bodies. Members shall take such reasonable measures as may be available to them to ensure that non-governmental entities within their territories, as well as regional bodies in which relevant entities within their territories are members, comply with the relevant provisions of this Agreement. In addition, Members shall not take measures which have the effect of, directly or indirectly, requiring or encouraging such regional or non-governmental entities, or local governmental bodies, to act in a manner inconsistent with the provisions of this Agreement. Members shall ensure that they rely on the services of non-governmental entities for implementing sanitary or phytosanitary measures only if these entities comply with the provisions of this Agreement.

Article 14

Final Provisions

The least-developed country Members may delay application of the provisions of this Agreement for a period of five years following the date of entry into force of the WTO Agreement with respect to their sanitary or phytosanitary measures affecting importation or imported products. Other developing country Members may delay application of the provisions of this Agreement, other than paragraph 8 of Article 5 and Article 7, for two years following the date of entry into force of the WTO Agreement with respect to their existing sanitary or phytosanitary measures affecting importation or imported products, where such application is prevented by a lack of technical expertise, technical infrastructure or resources.

ANNEX A

DEFINITIONS ( 17 )

ANNEX B

TRANSPARENCY OF SANITARY AND PHYTOSANITARY REGULATIONS

Publication of regulations

Enquiry points

Notification procedures

General reservations

ANNEX C

CONTROL, INSPECTION AND APPROVAL PROCEDURES ( 20 )

Where an importing Member operates a system for the approval of the use of food additives or for the establishment of tolerances for contaminants in food, beverages or feedstuffs which prohibits or restricts access to its domestic markets for products based on the absence of an approval, the importing Member shall consider the use of a relevant international standard as the basis for access until a final determination is made.

AGREEMENT ON TEXTILES AND CLOTHING

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Such actions shall be without prejudice to the rights and obligations of Members under GATT 1994.

Article 8

Article 9

This Agreement and all restrictions thereunder shall stand terminated on the first day of the 121st month that the WTO Agreement is in effect, on which date the textiles and clothing sector shall be fully integrated into GATT 1994. There shall be no extension of this Agreement.

ANNEX

LIST OF PRODUCTS COVERED BY THIS AGREEMENT

For such products, the provisions of Article XIX of GATT 1994, as interpreted by the Agreement on Safeguards, shall be applicable.

AGREEMENT ON TECHNICAL BARRIERS TO TRADE

Article 1

General Provisions

TECHNICAL REGULATIONS AND STANDARDS

Article 2

Preparation, Adoption and Application of Technical Regulations by Central Government Bodies

With respect to their central government bodies:

Article 3

Preparation, Adoption and Application of Technical Regulations by Local Government Bodies and Non-Governmental Bodies

With respect to their local government and nongovernmental bodies within their territories:

Article 4

Preparation, Adoption and Application of Standards

CONFORMITY WITH TECHNICAL REGULATIONS AND STANDARDS

Article 5

Procedures for Assessment of Conformity by Central Government Bodies

Article 6

Recognition of Conformity Assessment by Central Government Bodies

With respect to their central government bodies;

Article 7

Procedures for Assessment of Conformity by Local Government Bodies

With respect to their local government bodies within their territories:

Article 8

Procedures for Assessment of Conformity by Non-Governmental Bodies

Article 9

International and Regional Systems

INFORMATION AND ASSISTANCE

Article 10

Information About Technical Regulations, Standards and Conformity Assessment Procedures

Article 11

Technical Assistance to Other Members

Article 12

Special and Differential Treatment of Developing Country Members

INSTITUTIONS, CONSULTATION AND DISPUTE SETTLEMENT

Article 13

The Committee on Technical Barriers to Trade

Article 14

Consultation and Dispute Settlement

FINAL PROVISIONS

Article 15

Final Provisions

Reservations

Review

Annexes

ANNEX 1

TERMS AND THEIR DEFINITIONS FOR THE PURPOSE OF THIS AGREEMENT

The terms presented in the sixth edition of the ISO/IEC Guide 2: 1991, General Terms and Their Definitions Concerning Standardization and Related Activities, shall, when used in this Agreement, have the same meaning as given in the definitions in the said Guide taking into account that services are excluded from the coverage of this Agreement.

For the purpose of this Agreement, however, the following definitions shall apply:

1.    Technical regulation

Document which lays down product characteristics or their related processes and production methods, including the applicable administrative provisions, with which compliance is mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a product, process or production method.

Explanatory note

The definition in ISO/IEC Guide 2 is not self-contained, but based on the so-called ‘building block’ system.

2.    Standard

Document approved by a recognized body, that provides, for common and repeated use, rules, guidelines or characteristics for products or related processes and production methods, with which compliance is not mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a product, process or production method.

Explanatory note

The terms as defined in ISO/IEC Guide 2 cover products, processes and services. This Agreement deals only with technical regulations, standards and conformity assessment procedures related to products or processes and production methods. Standards as defined by ISO/IEC Guide 2 may be mandatory or voluntary. For the purpose of this Agreement standards are defined as voluntary and technical regulations as mandatory documents. Standards prepared by the international standardization community are based on consensus. This Agreement covers also documents that are not based on consensus.

3.    Conformity assessment procedures

Any procedure used, directly or indirectly, to determine that relevant requirements in technical regulations or standards are fulfilled.

Explanatory note

Conformity assessment procedures include inter alia procedures for sampling, testing and inspection; evaluation, verification and assurance of conformity; registration, accreditation and approval as well as their combinations.

4.    International body or system

Body or system whose membership is open to the relevant bodies of at least all Members.

5.    Regional body or system

Body or system whose membership is open to the relevant bodies of only some of the Members.

6.    Central government body

Central government, its ministries and departments or any body subject to the control of the central government in respect of the activity in question.

Explanatory note:

In the case of the European Communities the provisions governing central government bodies apply. However, regional bodies or conformity assessment systems may be established within the European Communities, and in such cases would be subject to the provisions of this Agreement on regional bodies or conformity assessment systems.

7.    Local government body

Government other than a central government (e.g. States, provinces, Lander, cantons, municipalities, etc.), its ministries or departments or any body subject to the control of such a government in respect of the activity in question.

8.    Non-governmental body

Body other than a central government body or a local government body, including a non-governmental body which has legal power to enforce a technical regulation.

ANNEX 2

TECHNICAL EXPERT GROUPS

The following procedures shall apply to technical expert groups established in accordance with the provisions of Article 14.

ANNEX 3

CODE OF GOOD PRACTICE FOR THE PREPARATION, ADOPTION AND APPLICATION OF STANDARDS

General Provisions

Substantive Provisions

The work programme shall for each standard indicate, in accordance with any Isonet rules, the classification relevant to the subject matter, the stage attained in the standard's development, and the references of any international standards taken as a basis. No later than at the time of publication of its work programme, the standardizing body shall notify the existence thereof to the ISO/IEC Information Centre in Geneva.

The notification shall contain the name and address of the standardizing body, the name and issue of the publication in which the work programme is published, the period to which the work programme applies, its price (if any), and how and where it can be obtained. The notification may be sent directly to the ISO/IEC Information Centre, or, preferably, through the relevant national member or international affiliate of ISONET, as appropriate.

AGREEMENT ON TRADE-RELATED INVESTMENT MEASURES

Article 1

Coverage

This Agreement applies to investment measures related to trade in goods only (referred to in this Agreement as ‘TRIMs’).

Article 2

National Treatment and Quantitative Restrictions

Article 3

Exceptions

All exceptions under GATT 1994 shall apply, as appropriate, to the provisions of this Agreement.

Article 4

Developing Country Members

A developing country Member shall be free to deviate temporarily from the provisions of Article 2 to the extent and in such a manner as Article XVIII of GATT 1994, the Understanding on the Balance-of-Payments Provisions of GATT 1994, and the Declaration on Trade Measures Taken for Balance-of-Payments Purposes adopted on 28 November 1979 (BISD 26S/205—209) permit the Member to deviate from the provisions of Articles III and XI of GATT 1994.

Article 5

Notification and Transitional Arrangements

Article 6

Transparency

Article 7

Committee on Trade-Related Investment Measures

Article 8

Consultation and Dispute Settlement

The provisions of Articles XXII and XXIII of GATT 1994, as elaborated and applied by the Dispute Settlement Understanding, shall apply to consultations. and the settlement of disputes under this Agreement.

Article 9

Review by the Council for Trade in Goods

Not later than five years after the date of entry into force of the WTO Agreement, the Council for Trade in Goods shall review the operation of this Agreement and, as appropriate, propose to the Ministerial Conference amendments to its text. In the course of this review, the Council for Trade in Goods shall consider whether the Agreement should be complemented with provisions on investment policy and competition policy.

ANNEX

ILLUSTRATIVE LIST

AGREEMENT ON IMPLEMENTATION OF ARTICLE VI OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994

MEMBERS HEREBY AGREE AS FOLLOWS:

PART I

Article 1

Principles

An anti-dumping measure shall be applied only under the circumstances provided for in Article VI of GATT 1994 and pursuant to investigations initiated ( 29 ) and conducted in accordance with the provisions of this Agreement. The following provisions govern the application of Article VI of GATT 1994 in so far as action is taken under anti-dumping legislation or regulations.

Article 2

Determination of Dumping

Article 3

Determination of Injury  ( 37 )

No one of these factors by itself can necessarily give decisive guidance but the totality of the factors considered must lead to the conclusion that further dumped exports are imminent and that, unless protective action is taken, material injury would occur.

Article 4

Definition of Domestic Industry

Article 5

Initiation and Subsequent Investigation

Article 6

Evidence

This list shall not preclude Members from allowing domestic or foreign parties other than those mentioned above to be included as interested parties.

Article 7

Provisional Measures

Article 8

Price Undertakings

Article 9

Imposition and Collection of Anti-Dumping Duties

provided that the authorities shall disregard for the purpose of this paragraph any zero and de minimis margins and margins established under the circumstances referred to in paragraph 8 of Article 6. The authorities shall apply individual duties or normal values to imports from any exporter or producer not included in the examination who has provided the necessary information during the course of the investigation, as provided for in subparagraph 10.2 of Article 6.

Article 10

Retroactivity

Article 11

Duration and Review of Anti-Dumping Duties and Price Undertakings

Article 12

Public Notice and Explanation of Determinations

Article 13

Judicial Review

Each Member whose national legislation contains provisions on anti-dumping measures shall maintain judicial, arbitral or administrative tribunals or procedures for the purpose inter alia of the prompt review of administrative actions to final determinations and reviews of determinations within the meaning of Article 11. Such tribunals or procedures shall be independent of the authorities responsible for the determination or review in question.

Article 14

Anti-Dumping Action on Behalf of a Third Country

Article 15

Developing Country Members

It is recognized that special regard must be given by developed country Members to the special situation of developing country Members when considering the application of anti-dumping measures under this Agreement. Possibilities of constructive remedies provided for by this Agreement shall be explored before applying anti-dumping duties where they would affect the essential interests of developing country Members.

PART II

Article 16

Committee on Anti-Dumping Practices

Article 17

Consultation and Dispute Settlement

PART III

Article 18

Final Provisions

ANNEX I

PROCEDURES FOR ON-THE-SPOT INVESTIGATIONS PURSUANT TO PARAGRAPH 7 OF ARTICLE 6

ANNEX II

BEST INFORMATION AVAILABLE IN TERMS OF PARAGRAPH 8 OF ARTICLE 6

AGREEMENT ON IMPLEMENTATION OF ARTICLE VII OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994

GENERAL INTRODUCTORY COMMENTARY

PART I

RULES ON CUSTOMS VALUATION

Article 1

Article 2

Article 3

Article 4

If the customs value of the imported goods cannot be determined under the provisions of Articles 1, 2 and 3, the customs value shall be determined under the provisions of Article 5 or, when the customs value cannot be determined under that Article, under the provisions of Article 6 except that, at the request of the importer, the order of application of Articles 5 and 6 shall be reversed.

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

All information which is by nature confidential or which is provided on a confidential basis for the purposes of customs valuation shall be treated as strictly confidential by the authorities concerned who shall not disclose it without the specific permission of the person or government providing such information, except to the extent that it may be required to be disclosed in the context of judicial proceedings.

Article 11

Article 12

Laws, regulations, judicial decisions and administrative rulings of general application giving effect to this Agreement shall be published in conformity with Article X of GATT 1994 by the country of importation concerned.

Article 13

If, in the course of determining the customs value of imported goods, it becomes necessary to delay the final determination of such customs value, the importer of the goods shall nevertheless be able to withdraw them from customs if, where so required, the importer provides sufficient guarantee in the form of a surety, a deposit or some other appropriate instrument, covering the ultimate payment of customs duties for which the goods may be liable. The legislation of each Member shall make provisions for such circumstances.

Article 14

The notes at Annex I to this Agreement form an integral part of this Agreement and the Articles of this Agreement are to be read and applied in conjunction with their respective notes. Annexes II and III also form an integral part of this Agreement.

Article 15

Article 16

Upon written request, the importer shall have the right to an explanation in writing from the customs administration of the country of importation as to how the customs value of the importer's goods was determined.

Article 17

Nothing in this Agreement shall be construed as restricting or calling into question the rights of customs administrations to satisfy themselves as to the truth or accuracy of any statement, document or declaration presented for customs valuation purposes.

PART II

ADMINISTRATION, CONSULTATIONS AND DISPUTE SETTLEMENT

Article 18

Institutions

Article 19

Consultations and Dispute Settlement

PART III

SPECIAL AND DIFFERENTIAL TREATMENT

Article 20

PART IV

FINAL PROVISIONS

Article 21

Reservations

Reservations may not be entered in respect of any of the provisions of this Agreement without the consent of the other Members.

Article 22

National Legislation

Article 23

Review

The Committee shall review annually the implementation and operation of this Agreement taking into account the objectives thereof. The Committee shall annually inform the Council for Trade in Goods of developments during the period covered by such reviews.

Article 24

Secretariat

This Agreement shall be serviced by the WTO Secretariat except in regard to those responsibilities specifically assigned to the Technical Committee, which will be serviced by the CCC Secretariat.

ANNEX I

INTERPRETATIVE NOTES

General Note

Sequential application of Valuation Methods

Use of Generally Accepted Accounting Principles

Note to Article 1

Price Actually Paid or Payable

Paragraph 1(a)(iii)

Among restrictions which would not render a price actually paid or payable unacceptable are restrictions which do not substantially affect the value of the goods. An example of such restrictions would be the case where a seller requires a buyer of automobiles not to sell or exhibit them prior to a fixed date which represents the beginning of a model year.

Paragraph l(b)

Paragraph 2

Paragraph 2(b)

A number of factors must be taken into consideration in determining whether one value ‘closely approximates’ to another value. These factors include the nature of the imported goods, the nature of the industry itself, the season in which the goods are imported, and, whether the difference in values is commercially significant. Since these factors may vary from case to case, it would be impossible to apply a uniform standard such as a fixed percentage, in each case. For example, a small difference in value in a case involving one type of goods could be unacceptable while a large difference in a case involving another type of goods might be acceptable in determining whether the transaction value closely approximates to the ‘test’ values set forth in paragraph 2(b) of Article 1.

Note to Article 2

Note to Article 3

Note to Article 5

The greatest number of units sold at a price is 80; therefore, the unit price in the greatest aggregate quantity is 90.

Note to Article 6

Note to Article 7

Note to Article 8

Paragraph l(a)(i)

The term ‘buying commissions’ means fees paid by an importer to the importer's agent for the service of representing the importer abroad in the purchase of the goods being valued.

Paragraph l(b)(ii)

Paragraph 1(b)(iv)

Paragraph 1(c)

Paragraph 3

Where objective and quantifiable data do not exist with regard to the additions required to be made under the provisions of Article 8, the transaction value cannot be determined under the provisions of Article 1. As an illustration of this, a royalty is paid on the basis of the price in a sale in the importing country of a litre of a particular product that was imported by the kilogram and made up into a solution after importation. If the royalty is based partially on the imported goods and partially on other factors which have nothing to do with the imported goods (such as when the imported goods are mixed with domestic ingredients and are no longer separately identifiable, or when the royalty cannot be distinguished from special financial arrangements between the buyer and the seller), it would be inappropriate to attempt to make an addition for the royalty. However, if the amount of this royalty is based only on the imported goods and can be readily quantified, an addition to the price actually paid or payable can be made.

Note to Article 9

For the purposes of Article 9, ‘time of importation’ may include the time of entry for customs purposes.

Note to Article 11

Note to Article 15

Paragraph 4

For the purposes of Article 15, the term ‘persons’ includes a legal person, where appropriate.

Paragraph 4(e)

For the purpose of this Agreement, one person shall be deemed to control another when the former is legally or operationally in a position to exercise restraint or direction over the latter.

ANNEX II

TECHNICAL COMMITTEE ON CUSTOMS VALUATION

General

Representation

Technical Committee Meetings

Agenda

Officers and Conduct of Business

Quorum and Voting

Languages and Records

ANNEX III

‘The Government of ...... reserves the right to provide that the relevant provision of Article 4 of the Agreement shall apply only when the customs authorities agree to the request to reverse the order of Articles 5 and 6.’

If developing countries make such a reservation, the Members shall consent to it under Article 21 of the Agreement.

‘The Government of .... reserves the right to provide that paragraph 2 of Article 5 of the Agreement shall be applied in accordance with the provisions of the relevant note thereto whether or not the importer so requests.’

If developing countries make such a reservation, the Members shall consent to it under Article 21 of the Agreement.

AGREEMENT ON PRESHIPMENT INSPECTION

Article 1

Coverage — Definitions

Article 2

Obligations of User Members

Non-discrimination

Governmental Requirements

Site of Inspection

Standards

Transparency

Protection of Confidential Business Information

Conflicts of Interest

Delays

Price Verification

Appeals Procedures

User Members shall ensure that the procedures are developed and maintained in accordance with the following guidelines:

Derogation

Article 3

Obligations of Exporter Members

Non-discriminaton

Transparency

Technical Assistance

Article 4

Independent Review Procedures

Members shall encourage preshipment inspection entities and exporters mutually to resolve their disputes. However, two working days after submission of the grievance in accordance with the provisions of paragraph 21 of Article 2, either party may refer the dispute to independent review. Members shall take such reasonable measures as may be available to them to ensure that the following procedures are established and maintained to this end:

Article 5

Notification

Members shall submit to the Secretariat copies of the laws and regulations by which they put this Agreement into force, as well as copies of any other laws and regulations relating to preshipment inspection, when the WTO Agreement enters into force with respect to the Member concerned. No changes in the laws and regulations relating to preshipment inspection shall be enforced before such changes have been officially published. They shall be notified to the Secretariat immediately after their publication. The Secretariat shall inform the Members of the availability of this information.

Article 6

Review

At the end of the second year from the date of entry into force of the WTO Agreement and every three years thereafter, the Ministerial Conference shall review the provisions, implementation and operation of this Agreement, taking into account the objectives thereof and experience gained in its operation. As a result of such review, the Ministerial Conference may amend the provisions of the Agreement.

Article 7

Consultation

Members shall consult with other Members upon request with respect to any matter affecting the operation of this Agreement. In such cases, the provisions of Article XXII of GATT 1994, as elaborated and applied by the Dispute Settlement Understanding, are applicable to this Agreement.

Article 8

Dispute Settlement

Any disputes among Members regarding the operation of this Agreement shall be subject to the provisions of Article XXIII of GATT 1994, as elaborated and applied by the Dispute Settlement Understanding.

Article 9

Final Provisions

AGREEMENT ON RULES OF ORIGIN

PART I

DEFINITIONS AND COVERAGE

Article 1

Rules of Origin

PART II

DISCIPLINES TO GOVERN THE APPLICATION OF RULES OF ORIGIN

Article 2

Disciplines During the Transition Period

Until the work programme for the harmonization of rules of origin set out in Part IV is completed, Members shall ensure that:

Article 3

Disciplines after the Transition Period

Taking into account the aim of all Members to achieve, as a result of the harmonization work programme set out in Part IV, the establishment of harmonized rules of origin, Members shall ensure, upon the implementation of the results of the harmonization work programme, that:

PART III

PROCEDURAL ARRANGEMENTS ON NOTIFICATION, REVIEW, CONSULTATION AND DISPUTE SETTLEMENT

Article 4

Institutions

Article 5

Information and Procedures for Modification and Introduction of New Rules of Origin

Article 6

Review

Article 7

Consultation

The provisions of Article XXII of GATT 1994, as elaborated and applied by the Dispute Settlement Understanding, are applicable to this Agreement.

Article 8

Dispute Settlement

The provisions of Article XXIII of GATT 1994, as elaborated and applied by the Dispute Settlement Understanding, are applicable to this Agreement.

PART IV

HARMONIZATION OF RULES OF ORIGIN

Article 9

Objectives and Principles

Work Programme

Role of the Committee

Results of the Harmonization Work Programme and Subsequent Work

ANNEX I

TECHNICAL COMMITTEE ON RULES OF ORIGIN

Responsibilities

Representation

Meetings

Procedures

ANNEX II

COMMON DECLARATION WITH REGARD TO PREFERENTIAL RULES OF ORIGIN

AGREMEENT ON IMPORT LICENSING PROCEDURES

Article 1

General Provisions

Article 2

Automatic Import Licensing ( 68 )

Article 3

Non-Automatic Import Licensing

Article 4

Institutions

There is hereby established a Committee on Import Licensing composed of representatives from each of the Members. The Committee shall elect its own Chairman and Vice-Chairman and shall meet as necessary for the purpose of affording Members the opportunity of consulting on any matters relating to the operation of this Agreement or the furtherance of its objectives.

Article 5

Notification

Article 6

Consultation and Dispute Settlement

Consultations and the settlement of disputes with respect to any matter affecting the operation of this Agreement shall be subject to the provisions of Articles XXII and XXIII of GATT 1994, as elaborated and applied by the Dispute Settlement Understanding.

Article 7

Review

Article 8

Final Provisions

Reservations

Domestic Legislation

AGREEMENT ON SUBSIDIES AND COUNTERVAILING MEASURES

MEMBERS HEREBY AGREE AS FOLLOWS:

PART I

GENERAL PROVISIONS

Article 1

Definition of a Subsidy

Article 2

Specificity

PART II

PROHIBITED SUBSIDIES

Article 3

Prohibition

Article 4

Remedies

PART III

ACTIONABLE SUBSIDIES

Article 5

Adverse Effects

No Member should cause, through the use of any subsidy referred to in paragraphs 1 and 2 of Article 1, adverse effects to the interests of other Members, i.e.:

This Article does not apply to subsidies maintained on agricultural products as provided in Article 13 of the Agreement on Agriculture.

Article 6

Serious Prejudice

Article 7

Remedies

PART IV

NON-ACTIONABLE SUBSIDIES

Article 8

Identification of Non-Actionable Subsidies

Article 9

Consultations and Authorized Remedies

PART V

COUNTERVAILING MEASURES

Article 10

Application of Article VI of GATT 1994  ( 105 )

Members shall take all necessary steps to ensure that the imposition of a countervailing duty ( 106 ) on any product of the territory of any Member imported into the territory of another Member is in accordance with the provisions of Article VI of GATT 1994 and the terms of this Agreement. Countervailing duties may only be imposed pursuant to investigations initiated ( 107 ) and conducted in accordance with the provisions of this Agreement and the Agreement on Agriculture.

Article 11

Initiation and Subsequent Investigation

Article 12

Evidence

This list shall not preclude Members from allowing domestic or foreign parties other than those mentioned above to be included as interested parties.

Article 13

Consultations

Article 14

Calculation of the Amount of a Subsidy in Terms of the Benefit to the Recipient

For the purpose of Part V, any method used by the investigating authority to calculate the benefit to the recipient conferred pursuant to paragraph 1 of Article 1 shall be provided for in the national legislation or implementing regulations of the Member concerned and its application to each particular case shall be transparent and adequately explained. Furthermore, any such method shall be consistent with the following guidelines:

Article 15

Determination of Injury  ( 115 )

No one of these factors by itself can necessarily give decisive guidance but the totality of the factors considered must lead to the conclusion that further subsidized exports are imminent and that, unless protective action is taken, material injury would occur.

Article 16

Definition of Domestic Industry

Article 17

Provisional Measures

Article 18

Undertakings

Article 19

Imposition and Collection of Countervailing Duties

Article 20

Retroactivity

Article 21

Duration and Review of Countervailing Duties and Undertakings

Article 22

Public Notice and Explanation of Determinations

Article 23

Judicial Review

Each Member whose national legislation contains provisions on countervailing duty measures shall maintain judicial, arbitral or administrative tribunals or procedures for the purpose inter alia of the prompt review of administrative actions relating to final determinations and reviews of determinations within the meaning of Article 21. Such tribunals or procedures shall be independent of the authorities responsible for the determination or review in question, and shall provide all interested parties who participated in the administrative proceeding and are directly and individually affected by the administrative actions with access to review.

PART VI

INSTITUTIONS

Article 24

Committee on Subsidies and Countervailing Measures and Subsidiary Bodies

PART VII

NOTIFICATION AND SURVEILLANCE

Article 25

Notifications

Article 26

Surveillance

PART VIII

DEVELOPING COUNTRY MEMBERS

Article 27

Special and Differential Treatment of Developing Country Members

PART IX

TRANSITIONAL ARRANGEMENTS

Article 28

Existing Programmes

Article 29

Transformation into a Market Economy

PART X

DISPUTE SETTLEMENT

Article 30

The provisions of Articles XXII and XXIII of GATT 1994 as elaborated and applied by the Dispute Settlement Understanding, shall apply to consultations and the settlement of disputes under this Agreement, except as otherwise specifically provided herein.

PART XI

FINAL PROVISIONS

Article 31

Provisional Application

The provisions of paragraph 1 of Article 6 and the provisions of Article 8 and Article 9 shall apply for a period of five years, beginning with the date of entry into force of the WTO Agreement. Not later than 180 days before the end of this period, the Committee shall review the operation of those provisions, with a view to determining whether to extend their application, either as presently drafted or in a modified form, for a further period.

Article 32

Other Final Provisions

ANNEX I

ILLUSTRATIVE LIST OF EXPORT SUBSIDIES

ANNEX II

GUIDELINES ON CONSUMPTION OF INPUTS IN THE PRODUCTION PROCESS ( 131 )

I   

II   

In examining whether inputs are consumed in the production of the exported product, as part of a countervailing duty investigation pursuant to this Agreement, investigating authorities should proceed on the following basis:

ANNEX III

GUIDELINES IN THE DETERMINATION OF SUBSTITUTION DRAWBACK SYSTEMS AS EXPORT SUBSIDIES

I   

Drawback systems can allow for the refund or drawback of import charges on inputs which are consumed in the production process of another product and where the export of this latter product contains domestic inputs having the same quality and characteristics as those substituted for the imported inputs. Pursuant to paragraph (i) of the Illustrative List of Export Subsidies in Annex I, substitution drawback systems can constitute an export subsidy to the extent that they result in an excess drawback of the import charges levied initially on the imported inputs for which drawback is being claimed.

II   

In examining any substitution drawback system as part of a countervailing duty investigation pursuant to this Agreement, investigating authorities should proceed on the following basis:

ANNEX IV

CALCULATION OF THE TOTAL AD VALOREM SUBSIDIZATION (PARAGRAPH 1(A) OF ARTICLE 6) ( 132 )

ANNEX V

PROCEDURES FOR DEVELOPING INFORMATION CONCERNING SERIOUS PREJUDICE

ANNEX VI

PROCEDURES FOR ON-THE-SPOT INVESTIGATIONS PURSUANT TO PARAGRAPH 6 OF ARTICLE 12

ANNEX VII

DEVELOPING COUNTRY MEMBERS REFERRED TO IN PARAGRAPH 2(A) OF ARTICLE 27

The developing country Members not subject to the provisions of paragraph l(a) of Article 3 under the terms of paragraph 2(a) of Article 27 are:

▼M2

Agreement on Fisheries Subsidies

Article 1

Scope

This Agreement applies to subsidies, within the meaning of Article 1.1 of the Agreement on Subsidies and Countervailing Measures (SCM Agreement) that are specific within the meaning of Article 2 of that Agreement, to marine wild capture fishing and fishing related activities at sea. ( 139 ), ( 140 ), ( 141 )

Article 2

Definitions

For the purpose of this Agreement:

Article 3

Subsidies contributing to illegal, unreported and unregulated fishing ( 142 )

Article 4

Subsidies regarding overfished stocks

Article 5

Other subsidies

Article 6

Specific provisions for LDC Members

A Member shall exercise due restraint in raising matters involving an LDC Member and solutions explored shall take into consideration the specific situation of the LDC Member involved, if any.

Article 7

Technical assistance and capacity building

Targeted technical assistance and capacity building assistance to developing country Members, including LDC Members, shall be provided for the purpose of implementation of the disciplines under this Agreement. In support of this assistance, a voluntary WTO funding mechanism shall be established in cooperation with relevant international organizations such as the Food and Agriculture Organization of the United Nations (FAO) and International Fund for Agricultural Development. The contributions of WTO Members to the mechanism shall be exclusively on a voluntary basis and shall not utilize regular budget resources.

Article 8

Notification and transparency

Article 9

Institutional arrangements

Article 10

Dispute settlement

Article 11

Final provisions

Article 12

Termination of Agreement if comprehensive disciplines are not adopted

If comprehensive disciplines are not adopted within four years of the entry into force of this Agreement, and unless otherwise decided by the General Council, this Agreement shall stand immediately terminated.

▼B

AGREEMENT ON SAFEGUARDS

Article 1

General Provision

This Agreement establishes rules for the application of safeguard measures which shall be understood to mean those measures provided for in Article XIX of GATT 1994.

Article 2

Conditions

Article 3

Investigation

Article 4

Determination of Serious Injury or Threat Thereof

Article 5

Application of Safeguard Measures

Article 6

Provisional Safeguard Measures

In critical circumstances where delay would cause damage which it would be difficult to repair, a Member may take a provisional safeguard measure pursuant to a preliminary determination that there is clear evidence that increased imports have caused or are threatening to cause serious injury. The duration of the provisional measure shall not exceed 200 days, during which period the pertinent requirements of Articles 2 through 7 and 12 shall be met. Such measures should take the form of tariff increases to be promptly refunded if the subsequent investigation referred to in paragraph 2 of Article 4 does not determine that increased imports have caused or threatened to cause serious injury to a domestic industry. The duration of any such provisional measure shall be counted as a part of the initial period and any extension referred to in paragraphs 1, 2 and 3 of Article 7.

Article 7

Duration and Review of Safeguard Measures

Article 8

Level of Concessions and Other Obligations

Article 9

Developing Country Members

Article 10

Pre-existing Article XIX Measures

Members shall terminate all safeguard measures taken pursuant to Article XIX of GATT 1947 that were in existence on the date of entry into force of the WTO Agreement not later than eight years after the date on which they were first applied or five years after the date of entry into force of the WTO Agreement, whichever comes later.

Article 11

Prohibition and Elimination of Certain Measures

Article 12

Notification and Consultation

Article 13

Surveillance

Article 14

Dispute Settlement

The provisions of Articles XXII and XXIII of GATT 1994 as elaborated and applied by the Dispute Settlement Understanding shall apply to consultations and the settlement of disputes arising under this Agreement.

ANNEX

EXCEPTION REFERRED TO IN PARAGRAPH 2 OF ARTICLE 11

ANNEX 1 B

GENERAL AGREEMENT ON TRADE IN SERVICES

PART I	SCOPE AND DEFINITION
Article I	Scope and Definition
PART II	GENERAL OBLIGATIONS AND DISCIPLINES
Article II	Most-Favoured-Nation Treatment
Article III	Transparency
Article III bis	Disclosure of Confidential Information
Article IV	Increasing Participation of Developing Countries
Article V	Economic Integration
Article V bis	Labour Markets Integration Agreements
Article VI	Domestic Regulation
Article VII	Recognition
Article VIII	Monopolies and Exclusive Service Suppliers
Article IX	Business Practices
Article X	Emergency Safeguard Measures
Article XI	Payments and Transfers
Article XII	Restrictions to Safeguard the Balance of Payments
Article XIII	Government Procurement
Article XIV	General Exceptions
Article XV bis	Security Exceptions
Article XV	Subsidies
PART III	SPECIFIC COMMITMENTS
Article XVI	Market Access
Article XVII	National Treatment
Article XVIII	Additional Commitments
PART IV	PROGRESSIVE LIBERALIZATION
Article XIX	Negotiation of Specific Commitments
Article XX	Schedules of Specific Commitments
Article XXI	Modification of Schedules
PART V	INSTITUTIONAL PROVISIONS
Article XXII	Consultation
Article XXIII	Dispute Settlement and Enforcement
Article XXIV	Council for Trade in Services
Article XXV	Technical Cooperation
Article XXVI	Relationship with Other International Organizations
PART VI	FINAL PROVISIONS
Article XXVII	Denial of Benefits
Article XXVIII	Definitions
Article XXIX	Annexes
	Annex on Article II Exemptions
	Annex on Movement of Natural Persons Supplying Services under the Agreement
	Annex on Air Transport Services
	Annex on Financial Services
	Second Annex on Financial Services
	Annex on Negotiations on Maritime Transport Services
	Annex on Telecommunications
	Annex on Negotiations on Basic Telecommunications

GENERAL AGREEMENT ON TRADE IN SERVICES

PART I

SCOPE AND DEFINITION

Article I

Scope and Definition

PART II

GENERAL OBLIGATIONS AND DISCIPLINES

Article II

Most-Favoured-Nation Treatment

Article III

Transparency

Article III bis

Disclosure of Confidential Information

Nothing in this Agreement shall require any Member to provide confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice legitimate commercial interests of particular enterprises, public or private.

Article IV

Increasing Participation of Developing Countries

Article V

Economic Integration

Article V bis

Labour Markets Integration Agreements

This Agreement shall not prevent any of its Members from being a party to an agreement establishing full integration ( 166 ) of the labour markets between or among the parties to such an agreement, provided that such an agreement:

Article VI

Domestic Regulation

Article VII

Recognition

Article VIII

Monopolies and Exclusive Service Suppliers

Article IX

Business Practices

Article X

Emergency Safeguard Measures

Article XI

Payments and Transfers

Article XII

Restrictions to Safeguard the Balance of Payments

Article XIII

Government Procurement

Article XIV

General Exceptions

Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on trade in services, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Member of measures:

Article XIV bis

Security Exceptions

Article XV

Subsidies

PART III

SPECIFIC COMMITMENTS

Article XVI

Market Access

Article XVII

National Treatment

Article XVIII

Additional Commitments

Members may negotiate commitments with respect to measures affecting trade in services not subject to scheduling under Articles XVI or XVII, including those regarding qualifications, standards or licensing matters. Such commitments shall be inscribed in a Member's Schedule.

PART IV

PROGRESSIVE LIBERALIZATION

Article XIX

Negotiation of Specific Commitments

Article XX

Schedules of Specific Commitments

Article XXI

Modification of Schedules

PART V

INSTITUTIONAL PROVISIONS

Article XXII

Consultation

Article XXIII

Dispute Settlement and Enforcement

Article XXIV

Council for Trade in Services

Article XXV

Technical Cooperation

Article XXVI

Relationship with Other International Organizations

The General Council shall make appropriate arrangements for consultation and cooperation with the United Nations and its specialized agencies as well as with other inter-governmental organizations concerned with services.

PART VI

FINAL PROVISIONS

Article XXVII

Denial of Benefits

A Member may deny the benefits of this Agreement:

Article XXVIII

Definitions

For the purpose of this Agreement:

Article XXIX

Annexes

The Annexes to this Agreement are an integral part of this Agreement.

Annex on Article II Exemptions

SCOPE

Review

Termination

Lists of Article II Exemptions

[The agreed lists of exemptions under paragraph 2 of Article II will be annexed here in the treaty copy of the WTO Agreement.]

Annex on Movement of Natural Persons supplying Services under the Agreement

Annex on Air Transport Services

Annex on Financial Services

1.    Scope and Definition

2.    Domestic Regulation

3.    Recognition

4.    Dispute Settlement

Panels for disputes on prudential issues and other financial matters shall have the necessary expertise relevant to the specific financial service under dispute.

5.   Definitions

For the purposes of this Annex:

Second Annex on Financial Services

Annex on Negotiatons on Maritime Transport Services

Annex on Telecommunications

1.    Objectives

Recognizing the specificities of the telecommunications services sector and, in particular, its dual role as a distinct sector of economic activity and as the underlying transport means for other economic activities, the Members have agreed to the following Annex with the objective of elaborating upon the provisions of the Agreement with the respect to measures affecting access to and use of public telecommunications transport networks and services. Accordingly, this Annex provides notes and supplementary provisions to the Agreement.

2.    Scope

3.    Definitions

For the purposes of this Annex:

4.    Transparency

In the application of Article III of the Agreement, each Member shall ensure that relevant information on conditions affecting access to and use of public telecommunications transport networks and services is publicly available, including: tariffs and other terms and conditions of service; specifications of technical interfaces with such networks and services; information on bodies responsible or the preparation and adoption of standards affecting such access and use; conditions applying to attachment of terminal or other equipment; and notifications, registration or licensing requirements, if any.

5.    Access to and use of Public Telecommunications Transport Networks and Services

6.    Technical Cooperation

7.    Relation to International Organizations and Agreements

Annex on Negotiations on Basic Telecommunications

ANNEX 1 C

AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS

PART I	GENERAL PROVISIONS AND BASIC PRINCIPLES
PART II	STANDARDS CONCERNING THE AVAILABILITY, SCOPE AND USE OF INTELLECTUAL PROPERTY RIGHTS
1.	Copyright and Related Rights
2.	Trademarks
3.	Geographical Indications
4.	Industrial Designs
5.	Patents
6.	Layout-Designs (Topographies) of Integrated Circuits
7.	Protection of Undisclosed Information
8.	Control of Anti-Competitive Practices in Contractual Licences
PART III	ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
1	General Obligations
2	Civil and Administrative Procedures and Remedies
3	Provisional Measures
4	Special Requirements Related to Border Measures
5	Criminal Procedures
PART IV	ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS AND RELATED INTER-PARTES PROCEDURES
PART V	DISPUTE PREVENTION AND SETTLEMENT
PART VI	TRANSITIONAL ARRANGEMENTS
PART VII	INSTITUTIONAL ARRANGEMENTS; FINAL PROVISIONS

AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS

PART I

GENERAL PROVISIONS AND BASIC PRINCIPLES

Article 1

Nature and Scope of Obligations

Article 2

Intellectual Property Conventions

Article 3

National Treatment

Article 4

Most-Favoured-Nation Treatment

With regard to the protection of intellectual property, any advantage, favour, privilege or immunity granted by a Member to the nationals of any other country shall be accorded immediately and unconditionally to the nationals of all other Members. Exempted from this obligation are any advantage, favour, privilege or immunity accorded by a Member:

Article 5

Multilateral Agreements on Acquisition or Maintenance of Protection

The obligations under Articles 3 and 4 do not apply to procedures provided in multilateral agreements concluded under the auspices of WIPO relating to the acquisition or maintenance of intellectual property rights.

Article 6

Exhaustion

For the purposes of dispute settlement under this Agreement, subject to the provisions of Articles 3 and 4 nothing in this Agreement shall be used to address the issue of the exhaustion of intellectual property rights.

Article 7

Objectives

The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conductive to social and economic welfare, and to a balance of rights and obligations.

Article 8

Principles

PART II

STANDARDS CONCERNING THE AVAILABILITY, SCOPE AND USE OF INTELLECTUAL PROPERTY RIGHTS

Section 1

Copyright and Related Rights

Article 9

Relation to the Berne Convention

Article 10

Computer Programs and Compilations of Data

Article 11

Rental Rights

In respect of at least computer programs and cinematographic works, a Member shall provide authors and their successors in title the right to authorize or to prohibit the commercial rental to the public of originals or copies of their copyright works. A Member shall be excepted from this obligation in respect of cinematographic works unless such rental has led to widespread copying of such works which is materially impairing the exclusive right of reproduction conferred in that Member on authors and their successors in title. In respect of computer programs, this obligation does not apply to rentals where the program itself is not the essential object of the rental.

Article 12

Term of Protection

Whenever the term of protection of a work, other than a photographic work or a work of applied art, is calculated on a basis other than the life of a natural person, such term shall be no less than 50 years from the end of the calendar year of authorized publication, or, failing such authorized publication within 50 years from the making of the work, 50 years from the end of the calendar year of making.

Article 13

Limitations and Exceptions

Members shall confine limitatons or exceptions to exclusive rights to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder.

Article 14

Protection of Performers, Producers of Phonograms (Sound Recordings) and Broadcasting Organizations

Section 2

Trademarks

Article 15

Protectable Subject Matter

Article 16

Rights Conferred

Article 17

Exceptions

Members may provide limited exceptions to the rights conferred by a trademark, such as fair use of descriptive terms, provided that such exceptions take account of the legitimate interests of the owner of the trademark and of third parties.

Article 18

Term of Protection

Initial registration, and each renewal of registration, of a trademark shall be for a term of no less than seven years. The registration of a trademark shall be renewable indefinitely.

Article 19

Requirement of Use

Article 20

Other Requirements

The use of a trademark in the course of trade shall not be justifiably encumbered by special requirements, such as use with another trademark, use in a special form or use in a manner detrimental to its capability to distinguish the goods or services of one undertaking from those of other undertakings. This will not preclude a requirement prescribing the use of the trademark identifying the undertaking producing the goods or services along with, but without linking it to, the trademark distinguishing the specific goods or services in question of that undertaking.

Article 21

Licensing and Assignment

Members may determine conditions on the licensing and assignment of trademarks, it being understood that the compulsory licensing of trademarks shall not be permitted and that the owner of a registered trademark shall have the right to assign the trademark with or without the transfer of the business to which the trademark belongs.

Section 3

Geographical Indications

Article 22

Protection of Geographical Indications

Article 23

Additional Protection for Geographical Indications for Wines and Spirits

Article 24

International Negotiations; Exceptions

Section 4

Industrial Designs

Article 25

Requirements for Protection

Article 26

Protection

Section 5

Patents

Article 27

Patentable Subject Matter

Article 28

Rights Conferred

Article 29

Conditions on Patent Applicants

Article 30

Exceptions to Rights Conferred

Members may provide limited exceptions to the exclusive rights conferred by a patent, provided that such exceptions do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner, taking account of the legitimate interests of third parties.

Article 31

Other Use Without Authorization of the Right Holder

Where the law of a Member allows for other use ( 186 ) of the subject matter of a patent without the authorization of the right holder, including use by the government or third parties authorized by the government, the following provisions shall be respected:

Article 32

Revocation/Forfeiture

An opportunity for judicial review of any decision to revoke or forfeit a patent shall be available.

Article 33

Term of Protection

The term of protection available shall not end before the expiration of a period of twenty years counted from the filing date ( 187 ).

Article 34

Process Patents: Burden of Proof

Section 6

Layout-Designs (Topographies) of Integrated Circuits

Article 35

Relation to the IPIC Treaty

Members agree to provide protection into the layout-designs (topographies) of integrated circuits (referred to in this Agreement as ‘layout-designs’) in accordance with Articles 2 through 7 (other than paragraph 3 of Article 6), Article 12 and paragraph 3 of Article 16 of the Treaty on Intellectual Property in Respect of Integrated Circuits and, in addition, to comply with the following provisions.

Article 36

Scope of the Protection

Subject to the provisions of paragraph 1 of Article 37, Members shall consider unlawful the following acts if performed without the authorization of the right holder: ( 188 ) imporating, selling, or otherwise distributing for commercial purposes a protected layout-design, an integrated circuit in which protected layout-design is incorporated, or an article incorporating such an integrated circuit only in so far as it continues to contain an unlawfully reproduced layout-design.

Article 37

Acts Not Requiring the Authorization of the Right Holder

Article 38

Term of Protection

Section 7

Protection of Undisclosed Information

Article 39

Section 8

Control of Anti-Competitive Practices in Contractual Licences

Article 40

PART III

ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

Section 1

General Obligations

Article 41

Section 2

Civil and Administrative Procedures and Remedies

Article 42

Fair and Equitable Procedures

Members shall make available to right holders ( 190 ) civil judicial procedures concerning the enforcement of any intellectual property right covered by this Agreement. Defendants shall have the right to written notice which is timely and contains sufficient detail, including the basis of the claims. Parties shall be allowed to be represented by independent legal counsel, and procedures shall not impose overly burdensome requirements concerning mandatory personal appearances. All parties to such procedures shall be duly entitled to substantiate their claims and to present all relevant evidence. The procedure shall provide a means to identify and protect confidential information, unless this would be contrary to existing constitutional requirements.

Article 43

Evidence

Article 44

Injunctions

Article 45

Damages

Article 46

Other Remedies

In order to create an effective deterrent to infringement, the judicial authorities shall have the authority to order that goods that they have found to be infringing be, without compensation of any sort, disposed of outside the channels of commerce in such a manner as to avoid any harm caused to the right holder, or, unless this would be contrary to existing constitutional requirements, destroyed. The judicial authorities shall also have the authority to order that materials and implements the predominant use of which has been in the creation of the infringing goods be, without compensation of any sort, disposed of outside the channels of commerce in such a manner as to minimize the risks of further infringements. In considering such requests, the need for proportionality between the seriousness of the infringement and the remedies ordered as well as the interests of third parties shall be taken into account. In regard to counterfeit trademark goods, the simple removal of the trademark unlawfully affixed shall not be sufficient, other than in exceptional cases, to permit release of the goods into the channels of commerce.

Article 47

Right of Information

Members may provide that the judicial authorities shall have the authority, unless this would be out of proportion to the seriousness of the infringement, to order the infringer to inform the right holder of the identity of third persons involved in the production and distribution of the infringing goods or services and of their channels of distribution.

Article 48

Indemnification of the Defendant

Article 49

Administrative Procedures

To the extent that any civil remedy can be ordered as a result of administrative procedures on the merits of a case, such procedures shall conform to principles equivalent in substance to those set forth in this Section.

Section 3

Provisional Measures

Article 50

Section 4

Special Requirements Related to Border Measures  ( 191 )

Article 51

Suspension of Release by Customs Authorities

Members shall, in conformity with the provisions set below, adopt procedures ( 192 ) to enable a right holder, who has valid grounds for suspecting that the importation of counterfeit trademark or pirated copyright goods ( 193 ) may take place, to lodge an application in writing with competent authorities, administrative or judicial, for the suspension by the customs authorities of the release into free circulation of such goods. Members may enable such an application to be made in respect of goods which involve other infringements of intellectual property rights, provided that the requirements of this Section are met. Members may also provide for corresponding procedures concerning the suspension by the customs authorities of the release of infringing goods destined for exportation from their territories.

Article 52

Application

Any right holder initiating the procedures under Article 51 shall be required to provide adequate evidence to satisfy the competent authorities that, under the laws of the country of importation, there is prima facie an infringement of the right holder's intellectual property right and to supply a sufficiently detailed description. of the goods to make them readily recognizable by the customs authorities. The competent authorities shall inform the applicant within a reasonable period whether they have accepted the application and, where determined by the competent authorities, the period for which the customs authorities will take action.

Article 53

Security or Equivalent Assurance

Article 54

Notice of Suspension

The importer and the applicant shall be promptly notified of the suspension of the release of goods according to Article 51.

Article 55

Duration of Suspension

If, within a period not exceeding 10 working days after the applicant has been served notice of the suspension, the customs authorities have not been informed that proceedings leading to a decision on the merits of the case have been initiated by a party other than the defendant, or that the duly empowered authority has taken provisional measures prolonging the suspension of the release of the goods, the goods shall be released, provided that all other conditions for importation or exportation have been complied with; in appropriate cases, this time-limit may be extended by another 10 working days. If proceedings leading to a decision on the merits of the case have been initiated, a review, including a right to be heard, shall take place upon request of the defendant with a view to deciding, within a reasonable period, whether these measures shall be modified, revoked or confirmed. Notwithstanding the above, where the suspension of the release of goods is carried out or continued in accordance with a provisional judicial measure, the provisions of paragraph 6 of Article 50 shall apply.

Article 56

Indemnification of the Importer and of the Owner of the Goods

Relevant authorities shall have the authority to order the applicant to pay the importer, the consignee and the owner of the goods appropriate compensation for any injury caused to them through the wrongful detention of goods or through the detention of goods released pursuant to Article 55.

Article 57

Right of Inspection and Information

Without prejudice to the protection of confidential information, Members shall provide the competent authorities the authority to give the right holder sufficient opportunity to have any goods detained by the customs authorities inspected in order to substantiate the right holder's claims. The competent authorities shall also have authority to give the importer an equivalent opportunity to have any such goods inspected. Where a positive determination has been made on the merits of a case, Members may provide the competent authorities the authority to inform the right holder of the names and addresses of the consignor, the importer and the consignee and of the quantity of the goods in question.

Article 58

Ex Officio Action

Where Members require competent authorities to act upon their own initiative and to suspend the release of goods in respect of which they have acquired prima facie evidence that an intellectual property right is being infringed:

Article 59

Remedies

Without prejudice to other rights of action open to the right holder and subject to the right of the defendant to seek review by a judicial authority, competent authorities shall have the authority to order the destruction or disposal of infringing goods in accordance with the principles set out in Article 46. In regard to counterfeit trademark goods, the authorities shall not allow the re-exportation of the infringing goods in an unaltered state or subject them to a different customs procedure, other than in exceptional circumstances.

Article 60

De Minimis Imports

Members may exclude from the application of the above provisions small quantities of goods of a non-commercial nature contained in travellers' personal luggage or sent in small consignments.

Section 5

Criminal Procedures

Article 61

Members shall provide for criminal procedures and penalties to be applied at least in cases of wilful trademark counterfeiting or copyright piracy on a commercial scale. Remedies available shall include imprisonment and/or monetary fines sufficient to provide a deterrent, consistently with the level of penalties applied for crimes of a corresponding gravity. In appropriate cases, remedies available shall also include the seizure, forfeiture and destruction of the infringing goods and of any materials and implements the predominant use of which has been in the commission of the offence. Members may provide for criminal procedures and penalties to be applied in other cases of infringement of intellectual property rights, in particular where they are committed wilfully and on a commercial scale.

PART IV

ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS AND RELATED INTER-PARTES PROCEDURES

Article 62

PART V

DISPUTE PREVENTION AND SETTLEMENT

Article 63

Transparency

Article 64

Dispute Settlement

PART VI

TRANSITIONAL ARRANGEMENTS

Article 65

Transitional Arrangements

Article 66

Least-Developed Country Members

Article 67

Technical Cooperation

In order to facilitate the implementation of this Agreement, developed country Members shall provide, on request and on mutually agreed terms and conditions, technical and financial cooperation in favour of developing and least-developed country Members. Such cooperation shall include assistance in the preparation of laws and regulations on the protection and enforcement of intellectual property rights as well as on the prevention of their abuse, and shall include support regarding the establishment or reinforcement of domestic offices and agencies relevant to these matters, including the training of personnel.

PART VII

INSTITUTIONAL ARRANGEMENTS; FINAL PROVISIONS

Article 68

Council for Trade-Related Aspects of Intellectual Property Rights

The Council for TRIPS shall monitor the operation of this Agreement and, in particular, Members' compliance with their obligations hereunder, and shall afford Members the opportunity of consulting on matters relating to the trade-related aspects of intellectual property rights. It shall carry out such other responsibilities as assigned to it by the Members, and it shall, in particular, provide any assistance requested by them in the context op dispute settlement procedures. In carrying out its functions, the Council for TRIPS may consult with and seek information from any source it deems appropriate. In consultation with WIPO, the Council shall seek to establish, within one year of its first meeting, appropriate arrangements for cooperation with bodies of that Organization.

Article 69

International Cooperation

Members agree to cooperate with each other with a view to eliminating international trade in goods infringing intellectual property rights. For this purpose, they shall establish and notify contact points in their administrations and be ready to exchange information on trade in infringing goods. They shall, in particular, promote the exchange of information and cooperation between customs authorities with regard to trade in counterfeit trademark goods and pirated copyright goods.

Article 70

Protection of Existing Subject Matter

Article 71

Review and Amendment

Article 72

Reservations

Reservations may not be entered in respect of any of the provisions of this Agreement without the consent of the other Members.

Article 73

Security Exceptions

Nothing in this Agreement shall be construed:

ANNEX 2

UNDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES

MEMBERS HEREBY AGREE AS FOLLOWS:

Article 1

Coverage and Application

Article 2

Administration

Article 3

General Provisions

Article 4

Consultations

Article 5

Good Offices, Conciliation and Mediation

Article 6

Establishment of Panels

Article 7

Terms of Reference of Panels

Article 8

Composition of Panels

Article 9

Procedures for Multiple Complainants

Article 10

Third Parties

Article 11

Function of Panels

The function of panels is to assist the DSB in discharging its responsibilities under this Understanding and the covered agreements. Accordingly, a panel should make an objective assessment of the matter before it, including an objective assessment of the facts of the case and the applicability of and conformity with the relevant covered agreements, and make such other findings as will assist the DSB in making the recommendations or in giving the rulings provided for in the covered agreements. Panels should consult regularly with the parties to the dispute and give them adequate opportunity to develop a mutually satisfactory solution.

Article 12

Panel Procedures

Article 13

Right to Seek Information

Article 14

Confidentiality

Article 15

Interim Review Stage

Article 16

Adoption of Panel Reports

Article 17

Appellate Review

Standing Appellate Body

Procedures for Appellate Review

Adoption of Appellate Body Reports

Article 18

Communications with the Panel or Appellate Body

Article 19

Panel and Appellate Body Recommendations

Article 20

Time-frame for DSB Decisions

Unless otherwise agreed to by the parties to the dispute, the period from the date of establishment of the panel by the DSB until the date the DSB considers the panel or appellate report for adoption shall as a general rule not exceed nine months where the panel report is not appealed or 12 months where the report is appealed. Where either the panel or the Appellate Body has acted, pursuant to paragraph 9 of Article 12 of paragraph 5 of Article 17, to extend the time for providing its report, the additional time taken shall be added to the above periods.

Article 21

Surveillance of Implementation of Recommendations and Rulings

Article 22

Compensation and the Suspension of Concessions

Article 23

Strengthening of the Multilateral System

Article 24

Special Procedures Involving Least-Developed Country Members

Article 25

Arbitration

Article 26

Where the provisions of paragraph l(b) of Article XXIII of GATT 1994 are applicable to a covered agreement, a panel or the Appellate Body may only make rulings and recommendations where a party to the dispute considers that any benefit accruing to it directly or indirectly under the relevant covered agreement is being nullified or impaired or the attainment of any objective of that Agreement is being impeded as a result of the application by a Member of any measure, whether or not it conflicts with the provisions of that Agreement. Where and to the extent that such party considers and a panel or the Appellate Body determines that a case concerns a measure that does not conflict with the provisions of a covered agreement to which the provisions of paragraph l(b) of Article XXIII of GATT 1994 are applicable, the procedures in this Understanding shall apply, subject to the following:

Where the provisions of paragraph l(c) of Article XXIII of GATT 1994 are applicable to a covered agreement, a panel may only make rulings and recommendations where a party considers that any benefit accruing to it directly or indirectly under the relevant covered agreement is being nullified or impaired or the attainment of any objective of that Agreement is being impeded as a result of the existence of any situation other than those to which the provisions of paragraphs l(a) and l(b) of Article XXIII of GATT 1994 are applicable. Where and to the extent that such party considers and a panel determines that the matter is covered by this paragraph, the procedures of this Understanding shall apply only up to and including the point in the proceedings where the panel report has been circulated to the Members. The dispute settlement rules and procedures contained in the Decision of 12 April 1989 (BISD 36S/61-67) shall apply to consideration for adoption, and surveillance and implementation of recommendations and rulings. The following shall also apply:

Article 27

Responsibilities of the Secretariat

APPENDIX 1

AGREEMENTS COVERED BY THE UNDERSTANDING

The applicability of this Understanding to the Plurilateral Trade Agreements shall be subject to the adoption of a decision by the parties to each agreement setting out the terms for the application of the Understanding to the individual agreement, including any special or additional rules or procedures for inclusion in Appendix 2, as notified to the DSB.

APPENDIX 2

SPECIAL OR ADDITIONAL RULES AND PROCEDURES CONTAINED IN THE COVERED AGREEMENTS

APPENDIX 3

WORKING PROCEDURES

The above calendar may be changed in the light of unforeseen developments. Additional meetings with the parties shall be scheduled if required.

APPENDIX 4

EXPERT REVIEW GROUPS

The following rules and procedures shall apply to expert review groups established in accordance with the provisions of paragraph 2 of Article 13.

ANNEX 3

TRADE POLICY REVIEW MECHANISM

MEMBERS HEREBY AGREE AS FOLLOWS:

A.    Objectives

B.    Domestic transparency

Members recognize the inherent value of domestic transparency of government decision-making on trade policy matters for both Members' economies and the multilateral trading system, and agree to encourage and promote greater transparency within their own systems, acknowledging that the implementation of domestic transparency must be on a voluntary basis and take account of each Member's legal and political systems.

C.    Procedures for review

D.    Reporting

In order to achieve the fullest possible degree of transparency, each Member shall report regularly to the TPRB. Full reports shall describe the trade policies and practices pursued by the Member or Members concerned, based on an agreed format to be decided upon by the TPRB. This format shall initially be based on the Outline Format for Country Reports established by the Decision of 19 July 1989 (BISD 36S/406—409), amended as necessary to extend the coverage of reports to all aspects of trade policies covered by the Multilateral Trade Agreements in Annex 1 and, where applicable, the Plurilateral Trade Agreements. This format may be revised by the TPRB in the light of experience. Between reviews, Members shall provide brief reports when there are any significant changes in their trade policies; an annual update of statistical information will be provided according to the agreed format. Particular account shall be taken of difficulties pesented to least-developed country Members in compiling their reports. The Secretariat shall make available technical assistance on request to developing country Members, and in particular to the least-developed country Members. Information contained in reports should to the greatest extent possible be coordinated with notifications made under provisions of the Multilateral Trade Agreements and, where applicable, the Plurilateral Trade Agreements.

E.    Relationship with the balance-of-payments provisions of GATT 1994 and GATS

Members recognize the need to minimize the burden for governments also subject to full consultations under the balance-of-payments provisions of GATT 1994 or GATS. To this end, the Chairman of the TPRB shall, in consultation with the Member or Members concerned, and with the Chairman of the Committee on Balance-of-Payments Restrictions, devise administrative arrangements that harmonize the normal rhythm of the trade policy review with the timetable for balance-of-payments consultations but do not postpone the trade policy review by more than 12 months.

F.    Appraisal of the Mechanism

The TPRB shall undertake an appraisal of the operation of the TPRB not more than five years after the entry into force of the Agreement Establishing the WTO. The results of the appraisal will be presented to the Ministerial Conference. It may subsequently undertake appraisals fo the TPRB at intervals to be determined by it or as requested by the Ministerial Conference.

G.    Overview of Development in the International Trading Environment

An annual overview of developments in the international trading environment which are having an impact on the multilateral trading system shall also be undertaken by the TPRB. The overview is to be assisted by an annual report by the Director-General setting out major activities of the WTO and highlighting significant policy issues affecting the trading system.

FINAL ACT

Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations

Marrakesh, 15 April 1994

Done at Marrakesh this fifteenth day of April one thousand nine hundred and ninety-four, in a single copy, in the English, French and Spanish languages, each text being authentic.

[List of signatures to be included in the treaty copy of the Final Act for signature]

DECISION ON MEASURES IN FAVOUR OF LEAST-DEVELOPED COUNTRIES

MINISTERS,

Recognizing the plight of the least-developed countries and the need to ensure their effective participation in the world trading system, and to take further measures to improve their trading opportunities;

Recognizing the specific needs of the least-developed countries in the area of market access where continued preferential access remains an essential means for improving their trading opportunities;

Reaffirming their commitment to implement fully the provisions concerning the least-developed countries contained in paragraphs 2(d), 6 and 8 of the Decision of 28 November 1979 on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries;

Having regard to the commitment of the participants as set out in Section B (vii) of Part I of the Punta del Este Ministerial Declaration;

DECLARATION ON THE CONTRIBUTION OF THE WORLD TRADE ORGANIZATION TO ACHIEVING GREATER COHERENCE IN GLOBAL ECONOMIC POLICY-MAKING

DECISION ON NOTIFICATION PROCEDURES

Ministers decide to recommend adoption by the Ministerial Conference of the decision on improvement and review of notification procedures set out below.

MEMBERS,

Desiring to improve the operation of notification procedures under the Agreement Establishing the World Trade Organization (hereinafter referred to as the ‘WTO Agreement’), and thereby to contribute to the transparency of Members' trade policies and to the effectiveness of surveillance arrangements established to that end;

Recalling obligations under the WTO Agreement to publish and notify, including obligations assumed under the terms of specific protocols of accession, waivers, and other agreements entered into by Members;

AGREE AS FOLLOWS:

I.    General obligation to notify

Members affirm their commitment to obligations under the Multilateral Trade Agreements and, where applicable, the Plurilateral Trade Agreements, regarding publication and notification.

Members recall their undertakings set out in the Understanding Regarding Notification, Consultation, Dispute Settlement and Surveillance adopted on 28 November 1979 (BISD 26S/210). With regard to their undertaking therein to notify, to the maximum extent possible, their adoption of trade measures affecting the operation of GATT 1994, such notification itself being without prejudice to views on the consistency of measures with or their relevance to rights and obligations under the Multilateral Trade Agreements and, where applicable, the Plurilateral Trade Agreements, Members agree to be guided, as appropriate, by the annexed list of measures. Members therefore agree that the introduction or modification of such measures is subject to the notification requirements of the 1979 Understanding.

II.    Central registry of notifications

A central registry of notifications shall be established under the responsibility of the Secretariat. While Members will continue to follow existing notification procedures, the Secretariat shall ensure that the central registry records such elements of the information provided on the measure by the Member concerned as its purpose, its trade coverage, and the requirement under which it has been notified. The central registry shall cross-reference its records of notifications by Member and obligation.

The central registry shall inform each Member annually of the regular notification obligations to which that Member will be expected to respond in the course of the following year.

The central registry shall draw the attention of individual Members to regular notification requirements which remain unfulfilled.

Information in the central registry regarding individual notifications shall be made available on request to any Member entitled to receive the notification concerned.

III.    Review of notification obligations and procedures

The Council for Trade in Goods will undertake a review of notification obligations and procedures under the Agreements in Annex 1A of the WTO Agreement. The review will be carried out by a working group, membership in which will be open to all Members. The group will be established immediately after the date of entry into force of the WTO Agreement.

The terms of reference of the working group will be:

ANNEX

INDICATIVE LIST ( 210 ) OF NOTIFIABLE MEASURES

Tariffs (including range and scope of bindings, GSP provisions, rates applied to members of free-trade areas/customs unions, other preferences)

Tariff quotas and surcharges

Quantitative restrictions, including voluntary export restraints and orderly marketing arrangements affecting imports

Other non-tariff measures such as licensing and mixing requirements; variable levies

Customs valuation

Rules of origin

Government procurement

Technical barriers

Safeguard actions

Anti-dumping actions

Countervailing actions

Export taxes

Export subsidies, tax exemptions and concessionary export financing

Free-trade zones, including in-bond manufacturing

Export restrictions, including voluntary export restraints and orderly marketing arrangements

Other government assistance, including subsidies, tax exemptions

Role of State-trading enterprises

Foreign exchange controls related to imports and exports

Government-mandated counter-trade

Any other measure covered by the Multilateral Trade Agreements in Annex 1A to the WTO Agreement

DECLARATION ON THE RELATIONSHIP OF THE WORLD TRADE ORGANIZATION WITH THE INTERNATIONAL MONETARY FUND

MINISTERS,

Noting the close relationship between the CONTRACTING PARTIES to the GATT 1947 and the International Monetary Fund, and the provisions of the GATT 1947 governing that relationship, in particular Article XV of the GATT 1947;

Recognizing the desire of participants to base the relationship of the World Trade Organization with the International Monetary Fund, with regard to the areas covered by the Multilateral Trade Agreements in Annex 1A of the WTO Agreement, on the provisions that have governed the relationship of the CONTRACTING PARTIES to the GATT 1947 with the International Monetary Fund;

Hereby reaffirm that, unless otherwise provided for in the Final Act, the relationship of the WTO with the International Monetary Fund, with regard to the areas covered by the Multilateral Trade Agreements in Annex 1A of the WTO Agreement, will be based on the provisions that have governed the relationship of the CONTRACTING PARTIES to the GATT 1947 with the International Monetary Fund.

DECISION ON MEASURES CONCERNING THE POSSIBLE NEGATIVE EFFECTS OF THE REFORM PROGRAMME ON LEAST-DEVELOPED AND NET FOOD-IMPORTING DEVELOPING COUNTRIES

DECISION ON NOTIFICATION OF FIRST INTEGRATOIN UNDER ARTICLE 2.6 OF THE AGREEMENT ON TEXTILES AND CLOTHING

Ministers agree that the participants maintaining restrictions falling under paragraph 1 of Article 2 of the Agreement on Textiles and Clothing shall notify full details of the actions to be taken pursuant to paragraph 6 of Article 2 of that Agreement to the GATT Secretariat not later than 1 October 1994. The GATT Secretariat shall promptly circulate these notifications to the other participants for information. These notifications will be made available to the Textiles Monitoring Body, when established, for the purposes of paragraph 21 of Article 2 of the Agreement on Textiles and Clothing.

DECISION ON PROPOSED UNDERSTANDING IN WTO-ISO STANDARDS INFORMATION SYSTEM

Ministers decide to recommend that the Secretariat of the World Trade Organization reach an understanding with the International Organization for Standardization (‘ISO’) to establish an information system under which:

DECISION ON REVIEW OF THE ISO/IEC INFORMATION CENTRE PUBLICATION

Ministers decide that in conformity with paragraph 1 of Article 13 of the Agreement on Technical Barriers to Trade in Annex 1A of the Agreement Establishing the World Trade Organization, the Committee on Technical Barriers to Trade established thereunder shall, without prejudice to provisions on consultation and dispute settlement, at least once a year review the publication provided by the ISO/IEC Information Centre on information received according to the Code of Good Practice for the Preparation, Adoption and Application of Standards in Annex 3 of the Agreement, for the purpose of affording Members opportunity of discussing any matters relating to the operation of that Code.

In order to facilitate this discussion, the Secretariat shall provide a list by Member of all standardizing bodies that have accepted the Code, as well as a list of those standardizing bodies that have accepted or withdrawn from the Code since the previous review.

The Secretariat shall also distribute promptly to the Members copies of the notifications it receives from the ISO/IEC Information Centre.

DECISION ON ANTI-CIRCUMVENTION

MINISTERS,

Noting that while the problem of circumvention of anti-dumping duty measures formed part of the negotiations which preceded the Agreement on Implementation of Article VI of GATT 1994, negotiators were unable to agree on specific text,

Mindful of the desirability of the applicability of uniform rules in this area as soon as possible,

decide to refer this matter to the Committee on Anti-Dumping Practices established under that Agreement for resolution.

DECISION ON REVIEW OF ARTICLE 17.6 OF THE AGREEMENT ON IMPLEMENTATION OF ARTICLE VI OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994

Ministers decide as follows:

The standard of review in paragraph 6 of Article 17 of the Agreement on Implementation of Article VI of GATT 1994 shall be reviewed after a period of three years with a view to considering the question of whether it is capable of general application.

DECLARATION ON DISPUTE SETTLEMENT PURSUANT TO THE AGREEMENT ON IMPLEMENTATION OF ARTICLE VI OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994 OR PART V OF THE AGREEMENT ON SUBSIDIES AND COUNTERVAILING MEASURES

Ministers recognize, with respect to dispute settlement pursuant to the Agreement on Implementation of Article VI of GATT 1994 or Part V of the Agreement on Subsidies and Countervailing Measures, the need for the consistent resolution of disputes arising from anti-dumping and countervailing duty measures.

DECISION REGARDING CASES WHERE CUSTOMS ADMINISTRATIONS HAVE REASONS TO DOUBT THE TRUTH OR ACCURACY OF THE DECLARED VALUE

Ministers invite the Committee on Customs Valuation established under the Agreement on Implementation of Article VII of GATT 1994 to take the following decision:

THE COMMITTEE ON CUSTOMS VALUATION,

Reaffirming that the transaction value is the primary basis of valuation under the Agreement on Implementation of Article VII of GATT 1994 (hereinafter referred to as the ‘Agreement’);

Recognizing that the customs administration may have to address cases where it has reason to doubt the truth or accuracy of the particulars or of documents produced by traders in support of a declared value;

Emphasizing that in so doing the customs administration should not prejudice the legitimate commercial interests of traders;

Taking into account Article 17 of the Agreement, paragraph 6 of Annex III to the Agreement, and the relevant decisions of the Technical Committee on Customs Valuation;

DECIDES AS FOLLOWS:

DECISION ON TEXTS RELATING TO MINIMUM VALUES AND IMPORTS BY SOLE AGENTS, SOLE DISTRIBUTORS AND SOLE CONCESSIONAIRES

Ministers decide to refer the following texts to the Committee on Customs Valuation established under the Agreement on Implementation of Article VII of GATT 1994, for adoption.

I

Where a developing country makes a reservation to retain officially established minimum values within the terms of paragraph 2 of Annex III and shows good cause, the Committee shall give the request for the reservation sympathetic consideration.

Where a reservation is consented to, the terms and conditions referred to in paragraph 2 of Annex III shall take full account of the development, financial and trade needs of the developing country concerned.

II

DECISION ON INSTITUTIONAL ARRANGEMENTS FOR THE GENERAL AGREEMENT ON TRADE IN SERVICES

Ministers decide to recommend that the Council for Trade in Services at its first meeting adopt the decision on subsidiary bodies set out below.

THE COUNCIL FOR TRADE IN SERVICES,

Acting pursuant to Article XXIV with a view to facilitating the operation and furthering the objectives of the General Agreement on Trade in Services,

DECIDES AS FOLLOWS:

DECISION ON CERTAIN DISPUTE SETTLEMENT PROCEDURES FOR THE GENERAL AGREEMENT ON TRADE IN SERVICES

Ministers decide to recommend that the Council for Trade in Services at its first meeting adopt the decision set out below.

THE COUNCIL FOR TRADE IN SERVICES,

Taking into account the specific nature of the obligations and specific commitments of the Agreement, and of trade in services, with respect to dispute settlement under Articles XXII and XXIII,

DECIDES AS FOLLOWS:

DECISION ON TRADE IN SERVICES AND THE ENVIRONMENT

Ministers decide to recommend that the Council for Trade in Services at its first meeting adopt the decision set out below.

THE COUNCIL FOR TRADE IN SERVICES,

Acknowledging that measures necessary to protect the environment may conflict with the provisions of the Agreement; and

Noting that since measures necessary to protect the environment typically have as their objective the protection of human, animal or plant life or health, it is not clear that there is a need to provide for more than is contained in paragraph (b) of Article XIV;

DECIDES AS FOLLOWS:

DECISION ON NEGOTIATIONS ON MOVEMENT OF NATURAL PERSONS

MINISTERS,

Noting the commitments resulting from the Uruguay Round negotiations on the movement of natural persons for the purpose of supplying services;

Mindful of the objectives of the General Agreement on Trade in Services, including the increasing participation of developing countries in trade in services and the expansion of their service exports;

Recognizing the importance of achieving higher levels of commitments on the movement of natural persons, in order to provide for a balance of benefits under the General Agreement on Trade in Services;

DECIDE AS FOLLOWS:

DECISION ON FINANCIAL SERVICES

MINISTERS,

Noting that commitments scheduled by participants on financial services at the conclusion of the Uruguay Round shall enter into force on an MFN basis at the same time as the Agreement Establishing the World Trade Organization (hereinafter referred to as the ‘WTO Agreement’),

DECIDE AS FOLLOWS:

DECISION ON NEGOTIATIONS ON MARITIME TRANSPORT SERVICES

MINISTERS,

Noting that commitments scheduled by participants on maritime transport services at the conclusion of the Uruguay Round shall enter into force on an MFN basis at the same time as the Agreement Establishing the World Trade Organization (hereinafter referred to as the ‘WTO Agreement’),

DECIDE AS FOLLOWS:

Argentina, Canada, European Communities and their Member States, Finland, Hong Kong, Iceland, Indonesia, Korea, Malaysia, Mexico, New Zealand, Norway, Philippines, Poland, Romania, Singapore, Sweden, Switzerland, Thailand, Turkey, United States.

Further notifications of intention to participate shall be addressed to the depositary of the WTO Agreement.

DECISION ON NEGOTIATIONS ON BASIC TELECOMMUNICATIONS

MINISTERS DECIDE AS FOLLOWS:

Australia, Austria, Canada, Chile, Cyprus, European Communities and their Member States, Finland, Hong Kong, Hungary, Japan, Korea, Mexico, New Zealand, Norway, Slovak Republic, Sweden, Switzerland, Turkey, United States.

Further notifications of intention to participate shall be addressed to the depositary of the Agreement Establishing the World Trade Organization.

DECISION ON PROFESSIONAL SERVICES

Ministers decide to recommend that the Council for Trade in Services at its first meeting adopt the decision set out below.

THE COUNCIL FOR TRADE IN SERVICES,

Recognizing the impact of regulatory measures relating to professional qualifications, technical standards and licensing on the expansion of trade in professional services;

Desiring to establish multilateral disciplines with a view to ensuring that, when specific commitments are undertaken, such regulatory measures do not constitute unnecessary barriers to the supply of professional services;

DECIDES AS FOLLOWS:

In elaborating these disciplines, the Working Party shall take account of the importance of the governmental and non-governmental bodies regulating professional services.

DECISION ON THE APPLICATION AND REVIEW OF THE UNDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES

MINISTERS,

RECALLING the Decision of 22 February 1994 that existing rules and procedures of GATT 1947 in the field of dispute settlement shall remain in effect until the date of entry into force of the Agreement Establishing the World Trade Organization,

INVITE the relevant Councils and Committees to decide that they shall remain in operation for the purpose of dealing with any dispute for which the request for consultation was made before that date;

INVITE the Ministerial Conference to complete a full review of dispute settlement rules and procedures under the World Trade Organization within four years after the entry into force of the Agreement Establishing the World Trade Organization, and to take a decision on the occasion of its first meeting after the completion of the review, whether to continue, modify or terminate such dispute settlement rules and procedures.

UNDERSTANDING ON COMMITMENTS IN FINANCIAL SERVICES

Participants in the Uruguay Round have been enabled to take on specific commitments with respect to financial services under the General Agreement on Trade in Services (hereinafter referred to as the ‘Agreement’) on the basis of an alternative approach to that covered by the provisions of Part III of the Agreement. It was agreed that this approach could be applied subject to the following understanding:

Interested Members, on the basis of negotiations, and subject to conditions and qualifications where specified, have inscribed in their schedule specific commitments conforming to the approach set out below.

A.    Standstill

Any conditions, limitations and qualifications to the commitments noted below shall be limited to existing non-conforming measures.

B.    Market Access

Monopoly Rights

Each Member shall list in its schedule pertaining to financial services existing monopoly rights and shall endeavour to eliminate them or reduce their scope. Notwithstanding subparagraph l(b) of the Annex on Financial Services, this paragraph applies to the activities referred to in subparagraph l(b)(iii) of the Annex.

Financial Services purchased by Public Entities

Cross-border Trade

Commercial Presence

New Financial Services

Transfers of Information and Processing of Information

Temporary Entry of Personnel

Non-discriminatory Measures

provided that any action taken under this paragraph would not unfairly discriminate against financial service suppliers of the Member taking such action.

C.    National Treatment

D.    Definitions

For the purposes of this approach:

ANNEX 4

AGREEMENT ON GOVERNMENT PROCUREMENT

Article I

Scope and Coverage

Article II

Valuation of Contracts

If there is any doubt, the second basis for valuation, namely (b), is to be used.

Article III

National Treatment and Non-discrimination

Article IV

Rules of Origin

Article V

Special and Differential Treatment for Developing Countries

Objectives

Coverage

Agreed Exclusions

Technical Assistance for Developing Country Parties

Information Centres

Special Treatment for Least-Developed Countries

Review

Article VI

Technical Specifications

Article VII

Tendering Procedures

Article VIII

Qualification of Suppliers

In the process of qualifying suppliers, entities shall not discriminate among suppliers of other Parties or between domestic suppliers and suppliers of other Parties. Qualification procedures shall be consistent with the following:

Article IX

Invitation to Participate Regarding Intended Procurement

When such a notice is used as an invitation to participate in accordance with paragraph 3, the notice shall, in addition, include the following information:

However, when the duration of the qualification system is three years or less, and if the duration of the system is made clear in the notice and it is also made clear that further notices will not be published, it shall be sufficient to publish the notice once only, at the beginning of the system. Such a system shall not be used in a manner which circumvents the provisions of this Agreement.

Article X

Selection Procedures

Article XI

Time-limits for Tendering and Delivery

General

Deadlines

Article XII

Tender Documentation

Forwarding of Tender Documentation by the Entities

Article XIII

Submission, Receipt and Opening of Tenders and Awarding of Contracts

Receipt of Tenders

Opening of Tenders

Award of Contracts

Option Clauses

Article XIV

Negotiation

Article XV

Limited Tendering

Article XVI

Offsets

Article XVII

Transparency

Article XVIII

Information and Review as Regards Obligations of Entities

Article XIX

Information and Review as Regards Obligations of Parties

To the extent that such information is available, each Party shall provide statistics on the country of origin of products and services purchased by its entities. With a view to ensuring that such statistics are comparable, the Committee shall provide guidance on methods to be used. With a view to ensuring effective monitoring of procurement covered by this Agreement, the Committee may decide unanimously to modify the requirements of subparagraphs (a) through (d) as regards the nature and the extent of statistical information to be provided and the breakdowns and classifications to be used.

Article XX

Challenge Procedures

Consultations

Challenge

Article XXI

Institutions

Article XXII

Consultations and Dispute Settlement

In the case of a dispute in which provisions both of this Agreement and of one or more other Agreements listed in Appendix 1 of the Dispute Settlement Understanding are invoked by one of the parties to the dispute, paragraph 3 shall apply only to those parts of the panel report concerning the interpretation and application of this Agreement.

Article XXIII

Exceptions to the Agreement

Article XXIV

Final Provisions

1.   Acceptance and Entry into Force

This Agreement shall enter into force on 1 January 1996 for those governments ( 218 ) whose agreed coverage is contained in Annexes 1 through 5 of Appendix I of this Agreement and which have, by signature, accepted the Agreement on 15 April 1994 or have, by that date, signed the Agreement subject to ratification and subsequently ratified the Agreement before 1 January 1996.

2.   Accession

Any government which is a Member of the WTO, or prior to the date of entry into force of the WTO Agreement which is a contracting party to GATT 1947, and which is not a Party to this Agreement may accede to this Agreement on terms to be agreed between that government and the Parties. Accession shall take place by deposit with the Director-General of the WTO of an instrument of accession which states the terms so agreed. The Agreement shall enter into force for an acceding government on the 30th day following the date of its accession to the Agreement.

3.   Transitional Arrangements

4.   Reservations

Reservations may not be entered in respect of any of the provisions of this Agreement.

5.   National Legislation

6.   Rectifications or Modifications

7.   Reviews, Negotiations and Future Work

8.   Information Technology

With a view to ensuring that the Agreement does not constitute an unnecessary obstacle to technical progress, Parties shall consult regularly in the Committee regarding developments in the use of information technology in government procurement and shall, if necessary, negotiate modifications to the Agreement. These consultations shall in particular aim to ensure that the use of information technology promotes the aims of open, non-discriminatory and efficient government procurement through transparent procedures, that contracts covered under the Agreement are clearly identified and that all available information relating to a particular contract can be identified. When a Party intends to innovate, it shall endeavour to take into account the views expressed by other Parties regarding any potential problems.

9.   Amendments

Parties may amend this Agreement having regard inter alia to the experience gained in its implementation. Such an amendment, once the Parties have concurred in accordance with the procedures established by the Committee, shall not enter into force for any Party until it has been accepted by such Party.

10.   Withdrawal

11.   Non-application of this Agreement between Particular Parties

This Agreement shall not apply as between any two Parties if either of the Parties, at the time either accepts or accedes to this Agreement, does not consent to such application.

12.   Notes, Appendices and Annexes

The Notes, Appendices and Annexes to this Agreement constitute an integral part thereof.

13.   Secretariat

This Agreement shall be serviced by the WTO Secretariat.

14.   Deposit

This Agreement shall be deposited with the Director-General of the WTO, who shall promptly furnish to each Party a certified true copy of this Agreement, of each rectification or modification thereto pursuant to paragraph 6 and of each amendment thereto pursuant to paragraph 9, and a notification of each acceptance thereof or accession thereto pursuant to paragraphs 1 and 2 and of each withdrawal therefrom pursuant to paragraph 10 of this Article.

15.   Registration

This Agreement shall be registered in accordance with the provisions of Article 102 of the Charter of the United Nations.

Done at Marrakesh this fifteenth day of April one thousand nine hundred and ninety-four in a single copy, in the English, French and Spanish languages, each text being authentic, except as otherwise specified with respect to the Appendices hereto.

NOTES

The Terms ‘country’ or ‘countries’ as used in this Agreement, including the Appendices, are to be understood to include any separate customs territory Party to this Agreement.

In the case of a separate customs territory Party to this Agreement, where an expression in this Agreement is qualified by the term ‘national’, such expression shall be read as pertaining to that customs territory, unless otherwise specified.

Article 1, paragraph 1

Having regard to general policy considerations relating to tied aid, including the objective of developing countries with respect to the untying of such aid, this Agreement does not apply to procurement made in furtherance of tied aid to developing countries so long as it is practised by Parties.

INTERNATIONAL DAIRY ARRANGEMENT

PART ONE

GENERAL PROVISIONS

Article I

Objectives

The objectives of this Arrangement shall be, in accordance with the principles and objectives agreed upon in the Tokyo Declaration of Ministers dated 14 September 1973 concerning the Multilateral Trade Negotiations,

Article II

Products Coverage

Article III

Information

Article IV

Functions of the International Dairy Products Council and Cooperation between the Participants to this Arrangement

Article V

Food Aid and Transactions other than Normal Commercial Transactions

PART TWO

SPECIFIC PROVISIONS

Article VI

Protocols

PART THREE

Article VII

Administration of the Arrangement

1.   International Dairy Products Council

(a)   An International Dairy Products Council shall be established within the framework of the GATT. The Council shall comprise representatives of all participants to the Arrangement and shall carry out all the functions which are necessary to implement the provisions of the Arrangement. The Council shall be serviced by the GATT secretariat. The Council shall establish its own rules of procedure.

(b)   Regular and special meetings

The Council shall normally meet at least twice each year. However, the Chairman may call a special meeting of the Council either on his own initiative, at the request of the Committees established under paragraph 2 (a) of this Article, or at the request of a participant to this Arrangement.

(c)   Decisions

The Council shall reach its decisions by consensus. The Council shall be deemed to have decided on a matter submitted for its consideration if no member of the Council formally objects to the acceptance of a proposal.

(d)   Cooperation with other organizations

The Council shall make whatever arrangements are appropriate for consultation or cooperation with inter-governmental and non-governmental organizations.

(e)   Admission of observers

2.   Committees

(a)   The Council shall establish a Committee to carry out all the functions which are necessary to implement the provisions of the Protocol Regarding Certain Milk Powders, a Committee to carry out all the functions which are necessary to implement the provisions of the Protocol Regarding Milk Fat and a Committee to carry out all the functions which are necessary to implement the provisions of the Protocol Regarding Certain Cheeses. Each of these Committees shall comprise representatives of all participants to the relevant Protocol. The Committees shall be serviced by the GATT secretariat. They shall report to the Council on the exercise of their functions.

(b)   Examination of the market situation

The Council shall make the necessary arrangements, determining the modalities for the information to be furnished under Article III of this Arrangement, so that

(c)   Regular and special meetings

Each Committee shall normally meet at least once each quarter. However, the Chairman of each Committee may call a special meeting of the Committee on his own initiative or at the request of any participant.

(d)   Decisions

Each Committee shall reach its decisions by consensus. A committee shall be deemed to have decided on a matter submitted for its consideration if no member of the Committee formally objects to the acceptance of a proposal.

PART FOUR

Article VIII

Final Provisions

1.   Acceptance ( 223 )

2.   Provisional application

Any government may deposit with the Director-General to the CONTRACTING PARTIES to the GATT a declaration of provisional application of this Arrangement. Any government depositing such a declaration shall provisionally apply this Arrangement and be provisionally regarded as participating in this Arrangement.

3.   Entry into force

4.   Validity

This Arrangement shall remain in force for three years. The duration of this Arrangement shall be extended for further periods of three years at a time, unless the Council at least eighty days prior to each date of expiry, decides otherwise.

5.   Amendment

Except where provision for modification is made elsewhere in this Arrangement the Council may recommend an amendment to the provisions of this Arrangement. The proposed amendment shall enter into force upon acceptance by the governments of all participants.

6.   Relationship between the Arrangement and the Annexes

The following shall be deemed to be an integral part of this Arrangement, subject to the provisions of paragraph l(b) of this Article:

7.   Relationship between the Arrangement and the GATT

Nothing in this Arrangement shall affect the rights and obligations of participants under the GATT ( 225 ).

8.   Withdrawal

Done at Geneva this twelfth day of April nineteen hundred and seventy-nine.

ANNEX I

PROTOCOL REGARDING CERTAIN MILK POWDERS

PART ONE

Article 1

Product Coverage

PART TWO

Article 2

Pilot Products

Packaging: in packages normally used in the trade, of a net content by weight of not less than 25 kg, or 50 Ibs, as appropriate

Terms of sale: f.o.b. ocean-going vessels from the exporting country or free-at-frontier exporting country.

By derogation from this provision, reference points are designated for the countries listed in Annex I (a) ( 227 ). The Committee established in pursuance of Article VII: 2 (a) of the Arrangement (hereinafter referred to as the Committee) may amend the contents of that Annex.

Prompt payment against documents.

Article 3

Minimum Prices

Level and observance of minimum prices

Adjustment of minimum prices

Exports and imports of skimmed-milk powder and buttermilk powder for purposes of animal feed

Special conditons of sales

Field of application

Transactions other than normal commercial transactions

Article 4

Provision of Information

Article 5

Obligations of Exporting Participants

Article 6

Cooperation of Importing Participants

PART THREE

Article 7

Derogations

Article 8

Emergency Action

ANNEX II

PROTOCOL REGARDING MILK FAT

PART ONE

Article 1

Product Coverage

PART TWO

Article 2

Pilot Products

Prompt payment against documents.

Article 3

Minimum Prices

Level and observance of minimum prices

Adjustment of minimum prices

Special conditions of sales

Field of application

Transactions other than normal commercial transactions

Article 4

Provision of Information

Article 5

Obligations of Exporting Participants

Article 6

Cooperation of Importing Participants

PART THREE

Article 7

Derogations

Article 8

Emergency Action

ANNEX III

PROTOCOL REGARDING CERTAIN CHEESES

PART ONE

Article 1

Product Coverage

PART TWO

Article 2

Pilot Product

By derogation from this provision, reference points are designated for the countries listed in Annex III(a) ( 239 ). The Committee established in pursuance of Article VII:2(a) of the Arrangement (hereinafter referred to as the Committee) may amend the contents of that Annex.

Prompt payment against documents.

Article 3

Minimum Price

Level and observance of minimum price

Adjustment of minimum price

Special conditions of sale

Field of application

Transactions other than normal commercial transactions

Article 4

Provision of Information

Article 5

Obligations of Exporting Participants

Article 6

Cooperation of Importing Participants

PART THREE

Article 7

Derogations

Article 8

Emergency Action

ARRANGEMENT REGARDING BOVINE MEAT

PART ONE

GENERAL PROVISIONS

Article I

Objectives

The objectives of this Arrangement shall be:

Article II

Product Coverage

This Arrangement applies to bovine meat. For the purpose of this Arrangement, the term ‘bovine meat’ is considered to include:

and any other product that may be added by the International Meat Council, as established under the terms of Article V of this Arrangement, in order to accomplish the objectives and provisions of this Arrangement.

Article III

Information and Market Monitoring

Article IV

Functions of the International Meat Council and Cooperation between the Participants to this Arrangement

PART TWO

Article V

Administration of the Arrangement

1.   International Meat Council

An International Meat Council shall be established within the framework of the GATT. The Council shall comprise representatives of all participants to the Arrangement and shall carry out all the functions which are necessary to implement the provisions of the Arrangement. The Council shall be serviced by the GATT secretariat. The Council shall establish its own rules of procedure, in particular the modalities for consultations provided for in Article IV.

2.   Regular and special meetings

The Council shall normally meet at least twice each year. However the Chairman may call a special meeting of the Council either on his own initiative, or at the request of a participant to this Arrangement.

3.   Decisions

The Council shall reach its decisions by consensus. The Council shall be deemed to have decided on a matter submitted for its consideration if no member of the Council formally objects to the acceptance of a proposal.

4.   Cooperation whith other organizations

The Council shall make whatever arrangements are appropriate for consultation or cooperation with intergovernmental and non-governmental organizations.

5.   Admission of observers

PART THREE

Article VI

Final Provisions

1.   Acceptance ( 244 )

2.   Provisional application

Any government may deposit with the Director-General to the CONTRACTING PARTIES to the GATT a declaration of provisional application of this Arrangement. Any government depositing such a declaration shall provisonally apply this Arrangement and be provisonally regarded as participating in this Arrangement.

3.   Entry into force

This Arrangement shall enter into force, for those participants having accepted it, on 1 January 1980. For participants accepting this Arrangement after that date, it shall be effective from the date of their acceptance.

4.   Validity

This Arrangement shall remain in force for three years. The duration of this Arrangement shall be extended for further periods of three years at a time, unless the Council, at least eighty days prior to each date of expiry, decides otherwise.

5.   Amendment

Except where provision for modification is made elsewhere in this Arrangement the Council may recommend an amendment to the provisions of this Arrangement. The proposed amendment shall enter into force upon acceptance by the governments of all participants.

6.   Relationship between the Arrangement and the GATT

Nothing in this Arrangement shall affect the rights and obligations of participants under the GATT ( 246 ).

7.   Withdrawal

Any participant may withdraw from this Arrangement. Such withdrawal shall take effect upon the expiration of sixty days from the date on which written notice of withdrawal is received by the Director-General to the CONTRACTING PARTIES to the GATT.

ANNEX 1

DRAFT EXCHANGE OF LETTERS BETWEEN URUGUAY AND THE EUROPEAN COMMUNITY

The European Community agrees to include in its final offer on market access under the Uruguay Round an additional quantity of two thousand metric tonnes of high-quality beef (0201.30.00 — 0206.10.85 meat of bovine animals, fresh or chilled: 0202.30.90 — 206 29.91 meat of bovine animals, frozen) from Uruguay.

The European Community and Uruguay agree that the provision contained in the Tokyo Round agreement according to which the European Community was prepared to envisage the possibility of Uruguay being able to export additional annual quantities of high-quality beef if the overall quota for such cuts was not fully used by other beneficiary countries shall cease to apply.

The abovementioned provision shall cease to apply on the same date that the additional quantity of two thousand metric tonnes is implemented.