Copyright 1995 NLCIFT
Title:Agreement establishing the multilateral trade organization
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 respon-
sibilities 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. 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 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.
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
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 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. 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 thir-
tieth 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 cer-
tified 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; 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)