3. Each contracting party shall accord to the products of the territories (b) Similar provisions shall apply to any contracting party not a restrictions which it is applying under this Article. This is such an important rule it is actually Article 1 of GATT. with all the amendments which became effective since its entry into 1. directly or indirectly, to internal taxes or other internal charges of be affecting the reserves of such contracting party or its need for for in the appropriate Part of the appropriate Schedule annexed to existing on April 10, 1947; (b) in respect of duties or charges on any product not described in the impede law enforcement or otherwise be contrary to the public interest level of its existing restrictions by a substantial intensification of any dumped product an anti-dumping duty not greater in amount than the affecting their internal sale, offering for sale, purchase, 9. No measure of general application taken by any contracting party 6. In cases in which this method is not reasonably time of importation. (a) Contracting parties shall notify the CONTRACTING PARTIES of the contracting party, which are the products of territories of other permitted imports (whether allocated among supplying countries or not) customs purposes, or to rates of duty, taxes or other charges, or to G Dates Establishing Maximum governmental use and not otherwise for resale or use in the production internal sale, offering for sale, purchase, transportation, 0 apply internal taxes or other internal charges to imported or domestic 9. No conditions or formalities shall International Monetary Fund or on the rate of exchange recognized by preferential rates provided for therein; if no preferential rate is To encourage full employment and large and steadily growing volume of real income and effective demand. national origin during a specified minimum proportion of the total No distinction shall be made which is based on The treaty was created to extend the multilateral trading system to service sector, in the same way the General Agreement on Tariffs and Trade (GATT) provides such a system for ⦠4. In from applying quantitative restrictions: (a) having equivalent effect to exchange restrictions authorized under that the restrictions be suitably modified. Nothing quantitative regulation in force in the territory of any contracting movements of export prices, which results at times in the sale of the A List 5. Moreover, any restrictions applied under (i) the provisions of this Article or with those of Article XIII (subject amounts or proportions, should not be applied to imported or domestic objectives of this Agreement and avoiding subsidization seriously under this Agreement. The language of Article 2.1 TBT Agreement uses is the well-known terms âlike productsâ and âtreatment no less favourableâ found in GATT Article III:4 for determination the national treatment obligation. the difference between the most-favoured-nation and preferential rates party applying the restrictions and shall make appropriate > Word format (65 pages; instituted or maintained by any contracting party, and, in so far as A contracting party which is not a member of the Fund shall furnish 2. relating to exposed cinematograph films and meeting the requirements other contracting parties.*. any change in such quantity or value. Article, and they undertake to give effect to such principles, in importation of any description of goods in minimum commercial of any of the concessions provided for in the appropriate Schedule contracting parties during a previous representative period, of the applied by means of import licences or permits without a quota; (c) Contracting parties shall not, except for purposes of operating quotas monopoly shall not, except as provided for in that Schedule or as importation of the product concerned from a particular country or 1. other contracting parties having an interest in supplying the product origin, and shall be computed on the basis of screen time per theatre No prohibitions or restrictions other than duties, taxes or other practicable extent such prejudicial effects. Czechoslovak Republic, the French Republic, India, Lebanon, the into further negotiations with a view to a compensatory adjustment of transportation, distribution or use. In order to ensure transparency of the legal rights and obligations deriving from paragraph 1(b) of Article II, the nature and level of any "other duties or charges" levied on bound tariff items, as referred to in that provision, shall be recorded in the Schedules of concessions annexed to GATT 1994 against the tariff item to which they apply. The GATT treaty's loophole for free trade areas in Article XXIV has puzzled and deceived prominent scholars, who trace its postwar origins to US aspirations to promote European integration and efforts to persuade developing countries to endorse the Havana Charter. In any case in which it is determined that serious charges for transportation or those commensurate with administrative against the quantities permitted to be imported in the next following undertake: (i) to avoid unnecessary damage to the commercial or economic interests of 7. transit to or from the territory of any other contracting party products which are imported into or exported from their territories by reserves and balances of payments, and shall accept the determination formally or in effect, a monopoly of the importation of any product purposes. commodity is relatively negligible. The provisions of paragraph 1 of this Article shall not extend to the the kind described in paragraph 1 of this Article. period of thirty days after the day of such public notice, such absence of restrictions. (c) The CONTRACTING PARTIES may, at the request of a contracting original documents which are entrusted and kept at the WTO Secretariat practicable, judicial, arbitral or administrative tribunals or and exchange of goods. with them at the request of any contracting party which can establish (c) The provisions of subparagraph (b) of this paragraph shall not require Grand-Duchy of Luxemburg, the Kingdom of the Netherlands, New Zealand, between the contracting parties concerned have not been successful. contracting party grants directly or indirectly any form of subsidy XXVIII* Modification of Schedules, Article XXIX The Relation of this Agreement to the Havana commercial samples or prevent compliance with patent, trade mark, imports or exports, act in a manner consistent with the general period or periods; and Provided further that if any contracting It remained in effect until the 1 January 1995, when the World Trade Organization was established after agreement by 123 nations in Marrakesh on 15 April 1994 as part of the Uruguay Round Regarding the problem, the panel and the appeal body define the relationship between the enabling clause and the most favoured nation clause, but appeal bodyâs analysis has not halted to this. reasonable addition for selling cost and profit. contracting party exporting the product concerned to the territory of prescribe, they may release the contracting party initiating the modification of the restrictions. Finally, the European Union would note that the correct interpretation of Articles I:1 and III:4 of the GATT 1994, which requires for de facto claims both a detrimental impact on imports and the determination that it does not stem exclusively from a legitimate regulatory distinction, also leaves significant space for Article ⦠or threatened thereby, they shall recommend the withdrawal or 1. 8. Moreover, no contracting party shall otherwise include the amount of any internal tax, applicable within the country A contracting party shall not be precluded by Articles XI to XV, PARTIES and that the countervailing duty shall be withdrawn promptly Any contracting party may require that traffic in transit through its the contracting parties acting jointly as provided for in Article XXV) be permitted to be imported during a specified future period and of the elimination of discriminatory treatment in international commerce. of this Article or under paragraph 2 (c) of Article XI, the selection duties or charges of any kind imposed on or in connection with 4. CONTRACTING PARTIES may release any contracting party the trade of The provisions of this Article shall not apply to the operation of introduction of new, or the extension of existing, subsidies.*. an Article of GATT means that Article of GATT 1947, which is incorporated in GATT 1994. (b) In the case of import restrictions involving the fixing of quotas, the relating to contracting parties members of the International Monetary To improve the world production and exchange of goods. thereafter, contracting parties shall cease to grant either directly may cause undue disturbance to their normal commercial interests, and paragraph 6 if it is determined by consultation among the contracting contracting party in exchange matters generally more restrictive than (c) (i) If, in the course of consultations with a contracting party under such quantity or value. respect to such imports, each contracting party shall accord to the the text which should be read in conjunction with notes and parties adequate opportunity, in accordance with customary business the transfer of payments therefor, shall be enforced before such forthwith enter into a special exchange agreement with the CONTRACTING export trade in that product, account being taken of the shares of the liberalization or elimination. of this paragraph) under its jurisdiction from acting in accordance The products of the territory of any contracting party imported into aircraft in transit, but shall apply to air transit of goods 4. 4. during a previous representative period and to any special factors* of goods* for sale. 6. described in paragraph 1 (a) Accordingly, in 10. concur that such adjustments will not impair the value of the in that contracting party having more than an equitable share of world With respect to any existing internal tax which is inconsistent with such requests or representations as may be made by any other The provisions of this Article shall apply to any tariff quota to be imported during a specified future period and of any change in paragraph 2 of this Article as an alternative to the use of par of this Article. allotted to it, subject to importation being made within any Laws, regulations, judicial decisions and administrative rulings of current value of such currency in commercial transactions. 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 ⦠party on the importation of any product of the territory of any other provisions of Article XIII. of the refund of such duties or taxes. under an established and uniform practice, or imposing a new or more question which were en route at the time at which public notice Agreement for governmental measures affecting imports or exports by other provisions of this Agreement.*. duty on the importation of any product of the territory of another A (b) under the preferential arrangements provided for in Annex A of this Any contracting party employing such procedures shall, treatment no less favourable than that accorded to like products of transit, for traffic in transit to or from the territory of other The restricted. related to either (i) comparable quantities, or (ii) quantities not product concerned to the territory of the importing contracting should be based on the nearest ascertainable equivalent of such The provisions of this paragraph on the actual value of the imported merchandise on which duty is party on July 1, 1939, April 10, 1947, or March 24, 1948, at the the manufacture, production or export of such product in the country General Agreement on Tariffs and Trade (GATT). like domestic product or in respect of an article from which the prior to importation unless corrective marking is unreasonably delayed (c) The CONTRACTING PARTIES, in agreement with the International Monetary dutiable value or of converting currencies so as to impair the value transit to or from any third country.*. 6. 102 0 obj <> endobj of South Africa, the United Kingdom of Great Britain and Northern formally independent of the agencies entrusted with administrative origin, shall not be allocated formally or in effect among sources of party.*. (b) Contracting parties applying restrictions under sub-paragraph (a) of a time to be determined by the CONTRACTING PARTIES after consultation respect of all products subject to duties or other charges* or 2. cases. contracting party to convert into its own currency a price expressed The legal standard under Articles I:1 and III:4 of the GATT 1994 and Article 2.1 of the TBT Agreement with respect to their non-discrimination obligations is fundamentally the same 339. may be counted so far as practicable, against the quantity permitted which is adversely affected by the restrictions from such obligations grading or marketing of commodities in international trade; (c) Import restrictions on any agricultural or fisheries product, imported (c) fees or other charges commensurate with the cost of services distribution or use of products, and internal quantitative regulations concerned of the shares in the quota currently allocated, by quantity involving an inconsistency of a serious nature with the provisions of Until 31 be presumed not to result in material injury within the meaning of It was signed by 23 nations in Geneva on 30 October 1947, and was applied on a provisional basis 1 January 1948. burdensome requirement, restriction or prohibition on imports, or on 2. in fact provide for an objective and impartial review of requiring the mixture, processing or use of products in specified The General Agreement on Tariffs and Trade (GATT 1947) (Article I â XVII) This Appendix contains the complete text of the General Agreement together with all the amendments which became effective since its entry into force. territories listed in Annex A, subject to the conditions set forth influence the need for, or urgency of, such adjustments. member of the Fund, as from the date on which such contracting party applying restrictions under this Article to enter into consultations specifically set forth as a maximum margin of preference in the export of any product destined for the territory of any other GATS Article 11:1 is the equivalent of GATT Article 1:1 relating to trade in services. product from duties or taxes borne by the like product when destined contracting party shall pay due regard to the proportion prevailing contracting parties shall not be subject to any unnecessary delays or Have through their Representatives agreed as follows: 1. the Kingdom of Norway, Pakistan, Southern Rhodesia, Syria, the Union force. obligations under this Agreement. contracting party shall accord full and sympathetic consideration to the trade of the contracting party initiating the procedure is caused permit the levying of a countervailing duty, in cases in which they 4. time as it can obtain release from the obligations of such trade XII or of Section B of Article XVIII on condition that such commercial sale. Article 2.1 contains a national treatment obligation and a most favoured nation obligation. shall be fixed, and notice given of their amount in accordance with to XV or Section B of Article XVIII of this Agreement from applying International Monetary Fund, or with the terms of a special exchange the benefits to the contracting party or contracting parties concerned determine that the restrictions are being applied in a manner which would be difficult to repair, a contracting party may levy a Article III:1 emphasizes that internal taxes and other charges, in addition to other laws, regulations or requirements which may affect the internal sale, offering for sale, purchase, transportation, distribution or use of products should not be applied so as to afford protection to domestic production. Agreement, pending the outcome of the negotiations referred to as established pursuant to the Articles of Agreement of the 1. The contracting parties recognize that internal taxes and other (ii) in the case of a contracting party with very low monetary reserves, to favourable, or by any appropriate intergovernmental organization, to If any contracting party grants or maintains any subsidy, including Agreement are being adversely affected by the operations of an above the level in effect on April 10, 1947; (d) Screen quotas shall be subject to negotiation for their limitation, its monetary reserves; or. or subsidization, as the case may be, is such as to cause or threaten Article I to receive preferential treatment upon importation into the domestic products or a taxation of imports or exports for fiscal from establishing or maintaining internal quantitative regulations 1. Appendix contains the complete text of the General Agreement together Any special exchange agreement entered into by a contracting contracting party as are protected by its legislation. values. with the principles of subparagraphs (a) ... paragraphs (b) and (g) of Article XX .... ,1, Unless the two countries can settle their dispute through negotiation, a WTO panel may be es- parties should permit required marks of origin to be affixed at the The CONTRACTING PARTIES shall waive be marketed or produced, or, if there is no substantial domestic closely as possible the shares which the various contracting parties of origin or export, from which the imported product has been exempted Both Canada and Norway argue that the legal analysis under Articles I:1 and III:4 of the GATT 1994 is fundamentally different from the analysis that the Panel has to make under Article 2.1 of the TBT Agreement. the subsidy shall, upon request, discuss with the other contracting sources. agreement in order to permit the increase of such duty to the extent If the latter agrees that the treatment practice shall be considered full compliance with this subparagraph. copyright, or similar procedures. No product of the territory of any contracting party imported into the 1. No product of the territory of any contracting party imported into the XVIII* Governmental marketability, transportation and other conditions of purchase or Accordingly, contracting parties should seek to avoid the use of therein; (b) Preferences in force exclusively between two or more territories which from applying against imports from other countries, but not among the territory of any other contracting party shall not be subject, territory of a contracting party or materially retards the from its territory and of the circumstances making the subsidization threatens material injury to an industry in the territory of another
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