Copyright 1995 NLCIFT
Title:Understanding in respect of waivers of obligations
UNDERSTANDING IN RESPECT OF WAIVERS OF OBLIGATIONS UNDER
THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994
1. It is agreed that a request for a waiver or for an extension
of an existing waiver shall describe the measures which the
Member proposes to take, the specific policy objectives
which the Member seeks to pursue and the reasons which
prevent the Member from achieving its policy objectives by
measures consistent with its obligations under the
GATT 1994.
2. Any waiver in effect on the date of entry into force of the
Agreement Establishing the MTO shall terminate, unless
extended in accordance with the procedures above and those
of Article IX of the Agreement Establishing the MTO, on the
date of its expiry or two years from the date of entry into
force of the Agreement Establishing the MTO, whichever is
earlier.
3. Any Member considering that a benefit accruing to it under
the GATT 1994 is being nullified or impaired as a result of
(a) the failure of the Member to whom a waiver was granted
to observe the terms or conditions of the waiver, or
(b) the application of a measure consistent with the terms
and conditions of the waiver
may invoke the provisions of Article XXIII of the GATT 1994
as elaborated and applied by the Understanding on Rules and
Procedures Governing the Settlement of Disputes.