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AGREEMENT ESTABLISHING THE
MULTILATERAL TRADE ORGANIZATION
The Parties to this Agreement,
Recognizing that their relations in the field of trade and economic
endeavour should be conducted with a view to raising standards of living,
ensuring full employment and a large and steadily growing volume of real
income and effective demand, and expanding the production and trade in goods
and services, while allowing for the optimal use of the world's resources in
accordance with the objective of sustainable development, seeking both to
protect and preserve the environment and enhance the means for doing so in a
manner consistent with their respective needs and concerns at different
levels of economic development,
Recognizing further that there is need for positive efforts designed
to ensure that developing countries, and especially the least developed
among them, secure a share in the growth in international trade commensurate
with the needs of their economic development,
Being desirous of contributing to these objectives by entering into
reciprocal and mutually advantageous arrangements directed to the
substantial reduction of tariffs and other barriers to trade and to the
elimination of discriminatory treatment in international trade relations,
Resolved, therefore, to develop an integrated, more viable and durable
multilateral trading system encompassing the General Agreement on Tariffs
and Trade, the results of past trade liberalization efforts, and all of the
results of the Uruguay Round of multilateral trade negotiations,
Determined to preserve the basic principles and to further the
objectives underlying this multilateral trading system,
Agree as follows:
Article I
Establishment of the Organization
The Multilateral Trade Organization (hereinafter referred to as "the
MTO") is hereby established.
Article II
Scope of the MTO
1. The MTO shall provide the common institutional framework for the
conduct of trade relations among its Members in matters related to the
agreements and associated legal instruments included in the Annexes to this
Agreement.
2. The agreements and associated legal instruments included in Annexes 1,
2 and 3 (hereinafter referred to as "Multilateral Trade Agreements") are
integral parts of this Agreement, binding on all Members.
3. The agreements and associated legal instruments included in Annex 4
(hereinafter referred to as "Plurilateral Trade Agreements") are also part
of this Agreement for those Members that have accepted them, and are binding
on those Members. The Plurilateral Trade Agreements do not create either
obligations or rights for Members that have not accepted them.
4. The General Agreement on Tariffs and Trade in Annex 1A (hereinafter
referred to as "GATT 1994") is legally distinct from the General Agreement
on Tariffs and Trade, dated 30 October 1947, as subsequently rectified,
amended or modified (hereinafter referred to as "GATT 1947").
Article III
Functions of the MTO
1. The MTO shall facilitate the implementation, administration,
operation, and further the objectives, of this Agreement and of the
Multilateral Trade Agreements, and shall also provide the framework for the
implementation, administration and operation of the Plurilateral Trade
Agreements.
2. The MTO shall provide the forum for negotiations among its Members
concerning their multilateral trade relations in matters dealt with under
the agreements in the annexes to this Agreement. The MTO may also provide a
forum for further negotiations among its Members concerning their
multilateral trade relations, and a framework for the implementation of the
results of such negotiations, as may be decided by the Ministerial
Conference.
3. The MTO shall administer the Understanding on Rules and Procedures
Governing the Settlement of Disputes in Annex 2 to this Agreement.
4. The MTO shall administer the Trade Policy Review Mechanism provided
for in Annex 3 to this Agreement.
5. With a view to achieving greater coherence in global economic
policy-making, the MTO shall cooperate, as appropriate, with the
International Monetary Fund and with the International Bank for
Reconstruction and Development and its affiliated agencies.
Article IV
Structure of the MTO
1. There shall be a Ministerial Conference composed of representatives of
all the Members, which shall meet at least once every two years. The
Ministerial Conference shall carry out the functions of the MTO, and take
actions necessary to this effect. The Ministerial Conference shall have the
authority to take decisions on all matters under any of the Multilateral
Trade Agreements, if so requested by a Member, in accordance with the
specific requirements for decision-making in this Agreement and in any
Multilateral Trade Agreement.
2. There shall be a General Council composed of representatives of all
the Members, which shall meet as appropriate. In the intervals between
meetings of the Ministerial Conference, its functions shall be conducted by
the General Council. The General Council shall also carry out the functions
assigned to it by this Agreement. The General Council shall establish its
rules of procedure and approve the rules of procedure for the Committees
provided for in paragraph 7.
3. The General Council shall convene as appropriate to discharge the
responsibilities of the Dispute Settlement Body provided for in the
Understanding on Rules and Procedures Governing the Settlement of Disputes
in Annex 2. The Dispute Settlement Body may have its own chairman and shall
establish such rules of procedure as it deems necessary for the fulfilment
of those responsibilities.
4. The General Council shall convene as appropriate to discharge the
responsibilities of the Trade Policy Review Body provided for in the Trade
Policy Review Mechanism in Annex 3. The Trade Policy Review Body may have
its own chairman and shall establish such rules of procedure as it deems
necessary for the fulfilment of those responsibilities.
5. There shall be a Council for Trade in Goods, a Council for Trade in
Services and a Council for Trade-Related Aspects of Intellectual Property
Rights (TRIPS), which shall operate under the general guidance of the
General Council. The Council for Trade in Goods shall oversee the
functioning of the Multilateral Trade Agreements in Annex 1A, the Council
for Trade in Services shall oversee the functioning of the Multilateral
Trade Agreement in Annex 1B, and the Council for Trade-Related Aspects of
Intellectual Property Rights shall oversee the functioning of the
Multilateral Trade Agreement in Annex 1C. These Councils shall carry out
the functions assigned to them by their respective agreements and by the
General Council. They shall establish their respective rules of procedure
subject to the approval of the General Council. Membership in these
Councils shall be open to representatives of all Members. These Councils
shall meet as necessary to carry out their functions.
6. The Council for Trade in Goods, the Council for Trade in Services and
the Council for Trade-Related Aspects of Intellectual Property Rights shall
establish subsidiary bodies as required. These subsidiary bodies shall
establish their respective rules of procedure subject to the approval of
their respective Councils.
7. The Ministerial Conference shall establish a Committee on Trade and
Development, a Committee on Balance-of-Payments Restrictions and a Committee
on Budget, Finance and Administration, which shall carry out the functions
assigned to them by this Agreement and by the Multilateral Trade Agreements,
and any additional functions assigned to them by the General Council, and
may establish such additional Committees with such functions as it may deem
appropriate. As part of its functions, the Committee on Trade and
Development shall periodically review the special provisions in the
Multilateral Trade Agreements in favour of the least-developed countries
Members and report to the General Council for appropriate action.
Membership in these Committees shall be open to representatives of all
Members.
8. The bodies provided for under the Plurilateral Trade Agreements shall
carry out the functions assigned to them under those Agreements and shall
operate within the institutional framework of the MTO. These bodies shall
keep the General Council informed of their activities on a regular basis.
Article V
Relations with other Organizations
1. The General Council shall make appropriate arrangements for effective
cooperation with other intergovernmental organizations that have
responsibilities related to those of the MTO.
2. The General Council may make appropriate arrangements for consultation
and cooperation with non-governmental organizations concerned with matters
related to those of the MTO.
Article VI
The Secretariat
1. There is established a Secretariat of the MTO headed by a
Director-General.
2. The Ministerial Conference shall appoint the Director-General and
adopt regulations setting out the powers, duties, conditions of service and
terms of office of the Director-General.
3. The Director-General shall appoint the members of the staff of the
Secretariat and determine their duties and conditions of service in
accordance with regulations adopted by the Ministerial Conference.
4. The responsibilities of the Director-General and the staff of the
Secretariat shall be exclusively international in character. In the
discharge of their duties, the Director-General and the staff of the
Secretariat shall not seek or accept instructions from any government or any
other authority external to the MTO. They shall refrain from any action
which might adversely reflect on their position as international officials.
The Members of the MTO shall respect the international character of the
responsibilities of the Director-General and the staff of the Secretariat
and shall not seek to influence them in the discharge of their duties.
Article VII
Budget and Contributions
1. The Director-General shall present to the Committee on Budget, Finance
and Administration the annual budget estimate and financial statement of the
MTO. The Committee on Budget, Finance and Administration shall review the
annual budget estimate and the financial statement presented by the
Director-General and make recommendations thereon to the General Council.
The annual budget estimates shall be subject to approval by the General
Council.
2. The Committee on Budget, Finance and Administration shall propose to
the General Council financial regulations which shall include provisions
setting out:
(a) the scale of contributions apportioning the expenses of the MTO
among its Members; and
(b) the measures to be taken in respect of Members in arrears.
The financial regulations shall be based, as far as practicable, on the
regulations and practices of the GATT 1947.
3. The General Council shall adopt the financial regulations and the
annual budget estimates by a two-thirds majority comprising more than half
of the Members of the MTO.
4. Each Member shall promptly contribute to the MTO its share in the
expenses of the MTO in accordance with the financial regulations adopted by
the General Council.
Article VIII
Status of the MTO
1. The MTO shall have legal personality, and shall be accorded by each of
its Members such legal capacity as may be necessary for the exercise of its
functions.
2. The MTO shall be accorded by each of its Members such privileges and
immunities as are necessary for the exercise of its functions.
3. The officials of the MTO and the representatives of the Members shall
similarly be accorded by each of its Members such privileges and immunities
as are necessary for the independent exercise of their functions in
connection with the MTO.
4. The privileges and immunities to be accorded by a Member to the MTO,
its officials, and the representatives of its Members shall be similar to
the privileges and immunities stipulated in the Convention on the Privileges
and Immunities of the Specialized Agencies, approved by the General Assembly
of the United Nations on 21 November 1947.
5. The MTO may conclude a headquarters agreement.
Article IX
Decision-Making
1. The MTO shall continue the practice of decision-making by consensus
followed under the GATT 1947.[1] Except as otherwise provided, where a
decision cannot be arrived at by consensus, the matter at issue shall be
decided by voting. At meetings of the Ministerial Conference and the
General Council, each Member of the MTO shall have one vote. Where the
European Communities exercise their right to vote, they shall have a number
of votes equal to the number of their Member States[2] which are Members of
the MTO. Decisions of the Ministerial Conference and the General Council
shall be taken by a majority of the votes cast, unless otherwise provided in
this Agreement or the Multilateral Trade Agreements.[3]
2. The Ministerial Conference and the General Council shall have the
exclusive authority to adopt interpretations of this Agreement and of the
Multilateral Trade Agreements. In the case of an interpretation of a
Multilateral Trade Agreement in Annex 1, they shall exercise their authority
on the basis of a recommendation by the Council overseeing the functioning
of that Agreement. The decision to adopt an interpretation shall be taken
by a three-fourths majority of the Members. This paragraph shall not be
used in a manner that would undermine the amendment provisions in Article X.
3. In exceptional circumstances, the Ministerial Conference[4] may decide
to waive an obligation imposed on a Member by this Agreement or any of the
Multilateral Trade Agreements; provided that any such decision shall be
approved by three-fourths[5] of the Members.
(i) A request for a waiver concerning this Agreement shall be
submitted to the Ministerial Conference for consideration pursuant to the
practice of decision-making by consensus. The Ministerial Conference shall
establish a time-period which shall not exceed ninety days to consider the
request. If consensus is not reached during the time-period, any decision
to grant a waiver shall be taken by three-fourths5 of the Members.
(ii) A request for a waiver concerning the Multilateral Trade
Agreements in Annexes 1A or 1B or 1C and their annexes, shall be submitted
initially to the Councils for Trade in Goods, the Council for Trade in
Services or the Council for TRIPs, respectively, for consideration during a
time-period which shall not exceed ninety days. At the end of the
time-period, the relevant Council shall submit a report to the Ministerial
Conference.
4. A decision by the Ministerial Conference granting a waiver shall state
the exceptional circumstances justifying the decision, the terms and
conditions governing the application of the waiver, and the date on which
the waiver shall terminate. Any waiver granted for a period of more than
one year shall be reviewed by the Ministerial Conference not later than one
year after it is granted, and thereafter annually until the waiver
terminates. In each review, the Ministerial Conference shall examine
whether the exceptional circumstances justifying the waiver still exist and
whether the terms and conditions attached to the waiver have been met. The
Ministerial Conference, on the basis of the annual review, may extend,
modify or terminate the waiver.
5. Decisions under a Plurilateral Trade Agreement, including any
decisions on interpretations and waivers, shall be governed by the
provisions of that Agreement.
Article X
Amendments
1. Any Member of the MTO may initiate a proposal to amend the provisions
of this Agreement or the Multilateral Trade Agreements in Annex 1 by
submitting such proposal to the Ministerial Conference.[6] The Councils
listed in Article IV may also submit to the Ministerial Conference proposals
to amend the provisions of the corresponding Multilateral Trade Agreements
in Annex 1 whose functioning they oversee. For a period of ninety days
after the proposal has been tabled formally at the Ministerial Conference,
unless the Ministerial Conference decides on a longer period, any decision
by the Ministerial Conference to submit the proposed amendment to the
Members for acceptance shall be taken by consensus. Unless the provisions
of paragraphs 2, 5 or 6 apply, that decision shall specify whether the
provisions of paragraphs 3 or 4 shall apply. If consensus is reached, the
Ministerial Conference shall forthwith submit the proposed amendment to the
Members for acceptance. If consensus is not reached at a meeting of the
Ministerial Conference within the established period, the Ministerial
Conference shall decide by a two-thirds majority of the Members whether to
submit the proposed amendment to the Members for acceptance. Except as
provided in paragraphs 2, 5 and 6, the provisions of paragraph 3 shall apply
to the proposed amendment, unless the Ministerial Conference decides by a
three-fourths majority of the Members that the provisions of paragraph 4
shall apply.
2. Amendments to the provisions of this Article and to the provisions of
the following enumerated Articles shall take effect only upon acceptance by
all Members:
Article IX of this Agreement;
Articles I and II of the GATT 1994, in Annex 1A;
Article II:1 of the General Agreement on Trade in Services, in Annex
1B;
Article 4 of the Agreement on Trade-Related Aspects of Intellectual
Property Rights, including
Trade in Counterfeit Goods, in Annex 1C.
3. Amendments to provisions of this Agreement, or the Multilateral Trade
Agreements in Annexes 1A and 1C, other than those listed in paragraphs 2 and
6, of a nature that would alter the rights and obligations of the Members,
shall take effect for the Members that have accepted them upon acceptance by
two-thirds of the Members and thereafter for each other Member upon
acceptance by it. The Ministerial Conference may decide by a three-fourths
majority of the Members that any amendment made effective under this
paragraph is of such a nature that any Member which has not accepted it
within a period specified by the Ministerial Conference in each case, shall
be free to withdraw from the MTO or to remain a Member with the consent of
the Ministerial Conference.
4. Amendments to provisions of this Agreement or the Multilateral Trade
Agreements in Annexes 1A and 1C, other than those listed in paragraphs 2 and
6, of a nature that would not alter the rights and obligations of the
Members, shall take effect for all Members upon acceptance by two-thirds of
the Members.
5. Except as provided in paragraph 2 above, amendments to Parts I, II and
III of the General Agreement on Trade in Services, in Annex 1B, and the
respective annexes shall take effect for the Members that have accepted them
upon acceptance by two-thirds of the Members and thereafter for each Member
upon acceptance by it. The Ministerial Conference may decide by a
three-fourths majority of the Members that any amendment made effective
under the preceding provision is of such a nature that any Member which has
not accepted it within a period specified by the Ministerial Conference in
each case shall be free to withdraw from the MTO or to remain a Member with
the consent of the Ministerial Conference. Amendments to Parts IV, V and VI
of the General Agreement on Trade in Services, in Annex 1B, and the
respective annexes shall take effect for all Members upon acceptance by
two-thirds of the Members.
6. Notwithstanding the other provisions of this Article, amendments to
the Agreement on Trade-Related Aspects of Intellectual Property Rights,
including Trade in Counterfeit Goods, in Annex 1C, meeting the requirements
of Article 71, paragraph 2, of that Agreement may be adopted by the
Ministerial Conference without further formal acceptance process.
7. Any Member accepting an amendment to this Agreement or a Multilateral
Trade Agreement in Annex 1 shall deposit an instrument of acceptance with
the Director-General of the MTO within the period of acceptance specified by
the Ministerial Conference.
8. Any Member of the MTO may initiate a proposal to amend the provisions
of the Multilateral Trade Agreements in Annexes 2 and 3 by submitting such
proposal to the Ministerial Conference. The decision to approve amendments
to the Multilateral Trade Agreement in Annex 2 shall be made by consensus
and these amendments shall take effect for all Members upon approval by the
Ministerial Conference. Decisions to approve amendments to the Multilateral
Trade Agreement in Annex 3 shall take effect for all Members upon approval
by the Ministerial Conference.
9. The Ministerial Conference, upon the request of the Members parties to
a trade Agreement, may decide exclusively by consensus to add that Agreement
to Annex 4. The Ministerial Conference, upon the request of the Members
parties to a Plurilateral Trade Agreement in Annex 4, may decide to delete
that Agreement from Annex 4.
10. Amendments to a Plurilateral Trade Agreement in Annex 4 shall be
governed by the provisions of that Agreement.
Article XI
Original Membership
1. The contracting parties to the GATT 1947 as of the date of entry into
force of this Agreement and the European Communities which accept this
Agreement and the Multilateral Trade Agreements and for which Schedules of
Concessions and Commitments are annexed to the GATT 1994 and for which
Schedules of Specific Commitments are annexed to the General Agreement on
Trade in Services in Annex 1B shall become original Members of the MTO.
2. The least developed countries recognized as such by the United Nations
will only be required to undertake commitments and concessions to the extent
consistent with their individual development, financial and trade needs or
their administrative and institutional capabilities.
Article XII
Accession
1. Any state or separate customs territory possessing full autonomy in
the conduct of its external commercial relations and of the other matters
provided for in this Agreement and the Multilateral Trade Agreements may
accede to this Agreement, on terms to be agreed between it and the MTO.
Such accession shall apply to this Agreement and the Multilateral Trade
Agreements annexed thereto.
2. Decisions on accession shall be taken by the Ministerial Conference.
The Ministerial Conference shall approve the agreement on the terms of
accession by a two-thirds majority of the Members of the MTO.
3. Accession to a Plurilateral Trade Agreement shall be governed by the
provisions of that Agreement.
Article XIII
Non-Application of Multilateral Trade Agreements
between Particular Members
1. This Agreement and the Multilateral Trade Agreements in Annexes 1 and
2 shall not apply as between any Member and any other Member if either of
the Members, at the time either becomes a Member, does not consent to such
application.
2. Paragraph 1 may be invoked between original Members of the MTO who
were contracting parties to the General Agreement on Tariffs and Trade 1947
only where Article XXXV of that Agreement had been invoked earlier and was
effective as between those contracting parties at the time of entry into
force for them of this Agreement.
3. Paragraph 1 shall apply between a Member and another Member which
accedes under Article XII only if the Member not consenting to the
application has so notified the Ministerial Conference before the approval
of the agreement on the terms of accession by the Ministerial Conference.
4. The Ministerial Conference may review the operation of this Article in
particular cases at the request of any Member and make appropriate
recommendations.
5. Non-application of a Plurilateral Trade Agreement between parties to
that Agreement shall be governed by the provisions of that Agreement.
Article XIV
Acceptance, Entry into Force and Deposit
1. This Agreement shall be open for acceptance, by signature or
otherwise, by contracting parties to the GATT 1947 and the European
Communities which are eligible to become original Members of the MTO in
accordance with Article XI of this Agreement. Such acceptance shall apply
to this Agreement and the Multilateral Trade Agreements annexed thereto.
This Agreement and the Multilateral Trade Agreements annexed thereto shall
enter into force on the date determined by Ministers in accordance with
paragraph 3 of the Final Act Embodying the Results of the Uruguay Round of
Multilateral Trade Negotiations and shall remain open for acceptance for a
period of two years following that date unless the Ministers decide
otherwise. An acceptance following the entry into force of this Agreement
shall enter into force on the thirtieth day following the deposit of the
instrument of acceptance.
2. A Member which accepts this Agreement after its entry into force shall
implement those concessions and obligations in the Multilateral Trade
Agreements that are to be implemented over a period of time starting with
the entry into force of this Agreement as if it had accepted this Agreement
on the date of its entry into force.
3. Until the entry into force of this Agreement, the text of this
Agreement and the Multilateral Trade Agreements shall be deposited with the
Director-General to the CONTRACTING PARTIES to the GATT 1947. The
Director-General shall promptly furnish a certified true copy of this
Agreement and the Multilateral Trade Agreements, and a notification of each
acceptance thereof, to each signatory of this Agreement. This Agreement and
the Multilateral Trade Agreements, and any amendments thereto, shall, upon
the entry into force of this Agreement, be deposited with the
Director-General of the MTO.
4. The acceptance and entry into force of a Plurilateral Trade Agreement
shall be governed by the provisions of that Agreement. Such Agreements
shall be deposited with the Director-General of the MTO.
Article XV
Withdrawal
1. Any Member may withdraw from this Agreement. Such withdrawal shall
apply both to this Agreement and the Multilateral Trade Agreements and shall
take effect upon the expiration of six months from the date on which written
notice of withdrawal is received by the Director-General of the MTO.
2. Withdrawal from a Plurilateral Trade Agreement shall be governed by
the provisions of that Agreement.
Article XVI
Miscellaneous Provisions
1. Except as otherwise provided for under this Agreement or the
Multilateral Trade Agreements, the MTO shall be guided by the decisions,
procedures and customary practices followed by the CONTRACTING PARTIES of
the GATT 1947 and the bodies established in the framework of the GATT 1947.
2. To the extent practicable, the Secretariat of the GATT 1947 shall
become the Secretariat of the MTO, and the Director-General to the
CONTRACTING PARTIES to the GATT 1947, until such time as the Ministerial
Conference has appointed a Director-General in accordance with Article VI:2
of this Agreement, shall serve as Director-General of the MTO.
3. In the event of a conflict between the provisions of this Agreement
and the provisions of any of the Multilateral Trade Agreements, the
provisions of this Agreement shall prevail.
4. Each Member shall ensure the conformity of its laws, regulations and
administrative procedures with its obligations as provided in the annexed
Agreements.
5. No reservations may be made in respect of any provisions of this
Agreement. Reservations in respect of any of the provisions of the
Multilateral Trade Agreements may only be made in accordance with the
provisions set out in those Agreements. Reservations in respect of a
provision of a Plurilateral Trade Agreement shall be governed by the
provisions of that Agreement.
6. This Agreement shall be registered in accordance with the provisions
of Article 102 of the Charter of the United Nations.
Done at --- this -- day of --- one thousand nine hundred and
ninety---, 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 MTO.
In the case of a separate customs territory Member of the MTO, 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.
ANNEXES
Annex 1A
General interpretative note to Annex 1A:
In the event of conflict between a provision of the General Agreement
on Tariffs and Trade 1994 and a provision of another agreement in Annex 1A,
the provision of the other agreement shall take precedence to the extent of
the conflict.
1. General Agreement on Tariffs and Trade 1994
The General Agreement on Tariffs and Trade 1994 (hereinafter referred
to as GATT 1994) consisting of:
a. The provisions in the General Agreement on Tariffs and Trade
dated 30 October 1947 annexed to the Final Act of the second session
of the Preparatory Committee of the United Nations Conference on
Trade and Employment (excluding the Protocol of Provisional
Application), as rectified, amended or otherwise modified by the terms
of legal instruments which have entered into force before the date of
entry into force of the Agreement Establishing the Multilateral Trade
Organization Agreement are hereby made an integral part of this Annex.
b. The provisions of the legal instruments that have entered into
force under the GATT 1947 before the date of entry into force of the
Agreement Establishing the MTO, as set forth below:
i. protocols and certifications relating to tariff
concessions;
ii. protocols of accession (excluding the provisions (a)
concerning provisional application and withdrawal of
provisional application and (b) providing that Part II of
the GATT 1947 shall be applied provisionally to the fullest
extent not inconsistent with legislation existing on the
date of the Protocol);
iii. waivers granted under Article XXV of the GATT 1947 and
still in force on the date of entry into force of the
Agreement Establishing the MTO[7]; and
iv. other decisions of the CONTRACTING PARTIES to the GATT
1947.
c. The Understandings set out in sub-paragraphs i through vii below
shall be deemed to be an integral part of the GATT 1994.
i. Understanding on the Interpretation of Article II:l(b) of
the General Agreement on Tariffs and Trade (text)
ii. Understanding on the Interpretation of Article XVII of the
General Agreement on Tariffs and Trade (text)
iii. Understanding on Balance-of-Payments Provisions of the
General Agreement on Tariffs and Trade (text)
iv. Understanding on the Interpretation of Article XXIV of the
General Agreement on Tariffs and Trade (text)
v. Understanding in respect of waivers of obligations under
the General Agreement on Tariffs and Trade (text)
vi. Understanding on the Interpretation of Article XXVIII of
the General Agreement on Tariffs and Trade (text)
vii. Understanding on the Interpretation of Article XXXV of the
General Agreement on Tariffs and Trade (text).
d. Explanatory Notes:
i. The references to "contracting party" in the provisions of
the GATT 1994 shall be deemed to read "Member". The references
to "less-developed contracting party" and "developed contracting
party" shall be deemed to read "developing country Member" and
"developed country Member". The references to "Executive
Secretary" shall be deemed to read "Director-General of the MTO".
ii. The references to the CONTRACTING PARTIES acting jointly in
Articles XV:1, XV:2, XV:8, XXXVIII and the Notes Ad Article XII
and XVIII; and in the provisions on special exchange agreements
in Articles XV:2, XV:3, XV:6, XV:7 and XV:9 of the GATT 1994
shall be deemed to be references to the MTO. The other functions
that the provisions of the GATT 1994 assign to the CONTRACTING
PARTIES acting jointly shall be allocated by the Ministerial
Conference.
e. i. The provisions of Part II of the GATT 1994 shall not apply
to measures taken by a Member under specific mandatory
legislation, enacted by that Member before it became a
contracting party to the GATT 1947, that prohibits the use, sale
or lease of foreign-built or foreign-reconstructed vessels in
commercial applications between points in national waters or the
waters of an exclusive economic zone. This exemption applies to:
(a) the continuation or prompt renewal of a non-conforming
provision of such legislation; and (b) the amendment to a
non-conforming provision of such legislation to the extent that
the amendment does not decrease the conformity of the provision
with Part II of the GATT 1947. This exemption is limited to
measures taken under legislation described above that is notified
and specified prior to the entry into force of the Agreement
Establishing the MTO. If such legislation is subsequently
modified to decrease its conformity with Part II of the GATT
1994, it will no longer qualify for coverage under this
paragraph.
ii. The Ministerial Conference shall review this exemption not
later than five years after the entry into force of the Agreement
Establishing the MTO and thereafter every two years for as long
as the exemption is in force for the purpose of examining whether
the conditions which created the need for the exemption still
prevail.
iii. A Member whose measures are covered by this exemption shall
annually submit a detailed statistical notification consisting of
a five-year moving average of actual and expected deliveries of
relevant vessels as well as additional information on the use,
sale, lease or repair of relevant vessels covered by this
exemption.
iv. A Member that considers that this exemption operates in
such a manner as to justify a reciprocal and proportionate
limitation on the use, sale, lease or repair of vessels
constructed in the territory of the Member invoking the exemption
shall be free to introduce such a limitation subject to prior
notification to the Ministerial Conference.
v. This exemption is without prejudice to solutions concerning
specific aspects of the legislation covered by this exemption
negotiated in sectoral agreements or in other fora.
2. The Uruguay Round Protocol to the General Agreement on Tariffs and
Trade 1994 shall also be deemed to be an integral part of the GATT
1994 (text)
3. Agreement on Agriculture (text)
4. Agreement on Sanitary and Phytosanitary Measures (text)
5. Agreement on Textiles and Clothing (text)
6. Agreement on Technical Barriers to Trade (text)
7. Agreement on Trade-Related Aspects of Investment Measures (text)
8. Agreement on Implementation of Article VI of the General Agreement on
Tariffs and Trade (text)
9. Agreement on Implementation of Article VII of the General Agreement on
Tariffs and Trade
(text)
10. Agreement on Preshipment Inspection (text)
11. Agreement on Rules of Origin (text)
12. Agreement on Import Licensing Procedures (text)
13. Agreement on Subsidies and Countervailing Measures (text)
14. Agreement on Safeguards (text)
Annex 1B
General Agreement on Trade in Services (text)
Annex 1C
Agreement on Trade-Related Aspects of Intellectual Property Rights,
Including Trade in Counterfeit Goods (text)
Annex 2
Understanding on Rules and Procedures Governing the Settlement of
Disputes (text)
Annex 3
Trade Policy Review Mechanism (text)
Annex 4
Agreement on Trade in Civil Aircraft (text)
Agreement on Government Procurement (text)
International Dairy Arrangement (text)
Arrangement Regarding Bovine Meat (text)
1. The body concerned shall be deemed to have decided by consensus on a
matter submitted for its consideration, if no Member, present at the meeting
where the decision is taken, formally objects to the proposed decision.
2. The number of votes of the European Communities and their Member States
shall in no case exceed the number of the Member States of the European
Communities.
3. Decisions by the General Council when convened as the Dispute Settlement
Body shall be made only in accordance with the provisions of paragraph 2.4
of the Understanding on Rules and Procedures Governing the Settlement of
Disputes.
4. References to the Ministerial Conference include the General Council.
5. A decision to grant a waiver in respect of any obligation subject to a
transition period or a period for staged implementation that the requesting
Member has not performed by the end of the relevant period, shall be made
only by consensus.
6. References to the Ministerial Conference include the General Council.
7. Waivers covered by this provision are the following: 1. Argentina
(Establishment of a new Schedule LXIV, L/7271, 31.12.93); 2. Australia
(Base dates under Article I:4, BISD 9S/46, no time-limit); 3. Australia
(Treatment of Products of Papua New Guinea, BISD 8S/28, no time-limit); 4.
Australia (Tariff preference for less developed countries, BISD 14S/23, no
time-limit); 5. Bangladesh (Establishment of a new Schedule LXX, L/7272,
31.12.93); 6. Bolivia (Renegotiation of Schedule LXXXIV, L/7151, 31.12.93);
7. Brazil (Establishment of a new Schedule III, L/7273, 31.12.93); 8.
Canada (CARIBCAN, BISD 33S/97, 15.6.98); 9. Chile (Establishment of a new
Schedule VII, L/7274, 31.12.93); 10. Cuba (Provisions of Article XV:6 BISD
13S/23, no time-limit); 11. Egypt (Renegotiation of Schedule LXIII; L/7281,
31.12.93); 12. European Coal and Steel Community (Waiver granted in
connection with the ECSC, BISD 1S/17, no time-limit); 13. European
Communities (Transitional measures to take account of the external economic
impact of German unification, L/7246, 31.12.93); 14. France (Trading
Arrangements with Morocco, BISD 9S/39, no time-limit); 15. Israel
(Establishment of a new Schedule XLII, L/7275, 31.12.93); 16. Jamaica
(Margins of preference, BISD 18S/33, no time-limit); 17. Jamaica
(Establishment of a new Schedule LXVI, L/7291, 31.7.94); 18. Malawi (Base
dates under Article I:4, BISD 9S/46, no time-limit); 19. Malawi
(Renegotiation of Schedule LVIII, L/7152, 31.12.93); 20. Mexico
(Establishment of a new Schedule LXXVII, L/7276, 31.12.93); 21. Morocco
(Establishment of a new Schedule LXXXI, L/7277, 31.12.93); 22. Pakistan
(Establishment of a new Schedule XV, L/7278, 31.12.93); 23. Peru
(Establishment of a new Schedule XXXV, L/7245, 31.12.93); 24. Senegal
(Renegotiation of Schedule XLIX, L/7282, 31.12.93); 25. South Africa (Base
dates under Article I:4, BISD 9S/46, no time-limit; 26. Sri Lanka
(Establishment of a new Schedule VI, L/7279, 31.12.93); 27. Trinidad and
Tobago (Establishment of a new Schedule LXVII, L/7290, 31.7.94); 28. United
Kingdom (Items traditionally admitted free of duty from countries of the
Commonwealth, BISD 3S/25, no time-limit); 29. United Kingdom (Special
problems of dependent overseas territories, BISD 3S/21, no time-limit); 30.
United States (Waiver in respect of products of the Trust Territory of
Pacific Islands, BISD Vol.II, page 9, no time-limit); 31. United States
(Imports of Automotive Products, BISD 14S/37, no time-limit); 32. United
States (Caribbean Basin Economic Recovery Act, BISD31S/20, 30.9.95); 33.
United States (Andean Trade Preference Act, L/6961, 4.12.2001); 34.
Uruguay (Renegotiation of Schedule XXXI, L/7280, 31.12.93); 35. Venezuela
(Establishment of a new Schedule LXXXVI, L/7316, 30.6.94); 36. Zaire
(Renegotiation of Schedule LXVIII, L/7283, 31.12.93); 37. Zambia
(Renegotiation of Schedule LXXVIII, L/7329, 30.11.95); 38. Zimbabwe
(Customs treatment for products of United Kingdom territories, BISD 9S/47,
no time-limit); 39. Zimbabwe (Base dates under Article I:4, BISD 9S/46, no
time-limit). This list will be modified to take into account waivers
granted under the GATT 1947 up to the date of entry into force of this
Agreement and waivers hereby listed which will have expired by that time.