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GATT Library | xh431xw9044 | Customs Union between France and Italy : Note by the Executive Secretary | General Agreement on Tariffs and Trade, September 9, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 09/09/1949 | official documents | GATT/CP/17/Add.1 and GATT/CP/17+Add.1 | https://exhibits.stanford.edu/gatt/catalog/xh431xw9044 | xh431xw9044_90070153.xml | GATT_142 | 379 | 2,408 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
ACCORD GENERAL SUR
LES TARIFS DOUANIERS
ET LE COMMERCE
RESTRICTED
LIMITED B
GATT/CP/17/Add .1
9 September 1949
ENGLISH
ORIGINAL: FRENCH
Contracting Parties
CUSTOMS UNION BETWEEN FRANCE AND ITALY
Note the Executive secretary
The Executive Secretary has the honour to transmit to the
Contracting Parties the following letter sent to him on 5 September
1949 by the Ministry of Foreign Affairs of the French Republic:
"Further to the letter addressed to you on 2 May 1949 by the
Minister for Foreign Affairs, and under instructions from
my Government, I have the honour to transmit to you herewith
the text of an Additional Protocol, dated 29 July 1949, to
the Treaty of Customs Union between France and Italy of
26 March 1949". GATT/CP/17/Add. 1
page 2
ADDITIONAL PROTOCOL TO THE TREATY OF CUSTOMS UNION
BETWEEN FRANCE AND ITALY.
Signed on 26 March 1949
France and Italy.
- Considering that they concluded on 26 March 1949 a Treaty of
Customs Union under which customs barriers between the two countries
were to be abolished during an initial period while quota provisions
would not be repealed until some later date;
Considering the resolutions concerning the liberalization of trade
between its members which have since been adopted by the Organization
for European Economic Co-operation and the proposed method of achieving
that end, namely that of abolishing the quota provisions at present in
force without modifying the customs protection;
- Affirming their desire to carry through the Franco-Italian
Customs Union;
Have agreed to adopt the following provisions:
Article 1
With a view to co-ordinating the methods proposed in the Treaty of
Customs Union signed at Paris on 26 March 1949 with those advocated by
the Organization far European Economic Co-operation, the Customs Union
Council provided for under Article 9 of the said Treaty shall spread the
application of the measures provided for in Articles 2, 3, 4 and 5 of the
Treaty over a period to be fixed by the Council in accordance with
requirements.
Article 2
The implermentation of the Franco-Italian Customs Union shall be
pursued within the more general framework of European Economic
Co-operation which both Governments are striving to promote and which the
Franco-Italian Customs Union should help to strengthen.
Done at Paris, on 29 July 1949. |
GATT Library | dr637fm1218 | Customs union between the union of South Africa and Southern Rhodesia : Statement by the Government of Czechoslovakia on the inclusion of South West Africa | General Agreement on Tariffs and Trade, September 13, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 13/09/1949 | official documents | GATT/CP/35 and GATT/CP/35+Add.1 | https://exhibits.stanford.edu/gatt/catalog/dr637fm1218 | dr637fm1218_90300123.xml | GATT_142 | 305 | 2,011 | GENERAL AGREEMENT ACCORD GENERAL SUR RESTRICTED
LIMITED B
ON TARIFFS AND LES TARIFS DOUANIERS GATT/CP/35
13 September
TRADE ET LE COMMERCE 1949
ORIGINAL: ENGLISH
CONTRACTING PARTIES
CUSTOMS UNION BETWEEN THE UNION OF SOUTH AFRICA
AND SOUTHERN RHODESIA
Statement by the Government of Czechoslovakia on the
inclusion of South West Africa
"The Czechoslovak Government wishes to draw the attention
of the contracting parties to the General Agreement on Tariffs
and Trade to the fact that, in accordance with the provisions
of Article 103 of the Charter of the United Nations, in the
event of conflict between the obligations of the members of the
United Nations under the Charter and their obligations under
any other international agreement their obligations under the
Charter shall prevail.
"Acoording to the report of Working Party 4 (GATT/CP3/24),
the Union of South Africa has included South West Africa as a
part of the territory of the Union. In accordance with Articles
77 and 79 of the Charter of the Unitea Nations, however, the
trusteeship system should be applied to the above mentioned
territory, and in this connection we would like to recall the
resolutions of the General Assembly, No. 65 of 14 December 1946,
No. 141 of 1 November 1947 and No. 227 of 26 November 1948.
"In the view of the Czechoslovak Government, no agreement or
decision of the Contracting Parties can derogate from the
provisions of the United Nations Charter, and the Contracting
Parties cannot implicitly give consent to the unilateral
incorporation of South West Africa in the Union contrary to the
relevant provisions of the Charter of the United Nations."
The Czechoslovak Government states that, with the exception
of this reservation, it has no objection to the proposed customs
union between the Union of South Africa and Southern Rhodesia as
considered by the Contracting Parties at their Third Session. |
GATT Library | xs598dn2848 | Czechoslovak proposal for the scale of contributions of the Contracting Parties for 1950 | Contracting Parties, August 12, 1949 | Contracting Parties | 12/08/1949 | official documents | BUDGET/5 and GATT/CP.3/WP.9/BUDGET/1-6 BUDGET/3/Rev.1/BUDGET/3/Rev.1/Add.1, BUDGET/4/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/xs598dn2848 | xs598dn2848_91870577.xml | GATT_142 | 655 | 4,052 | RESTRICTED
BUDGET/5
12 August 1949
ORIGINAL : ENGLISH
Contracting Parties
Third Session
CZECHOSLOVAK PROPOSAL FOR THE SCALE
OF CONTRIBUTIONS OF THE CONTRACTING PARTIES FOR 1950
The report is based on the correct supposition that the
contributions should be fixed on the basis of the volume of the
foreign trade. However, the method chosen for the calculation is
not consistent; four contracting parties with the largest volume
of foreign trade, representing 60.22% of the whole volume ef
foreign trade of all member countries to the GATT, would pay
$ 137,822.36.as their contributions, i.e. 45.61% of the whole
budget, while the other 30 contracting parties would pay 54.39%
of contributions for only 39.78% of the whole volume of foreign
trade.
This discrepancy is still more obvious if we compare one
country with the highest volume of foreign-trade with one country
with the lowest volume. Thus, for instance, the USA would pay a
contribution of*$ 53,008.60, the total volume of the US foreign
trade being $ 10,634 millions, which means that per each $ 1,000,000
of foreign trade a contribution of $ 4.98 would be paid by the USA.
On the contrary, Liberia with the total volume of $ 10,500,000 of
foreign trade pou4p i contribution of $ 2,650.43, i.e. per each.
$ 1,000,000 a contribution of $ 252.42; therefore a contribution
relatively more than fifty times higher than that of the USA.
We admit that there is a certain amount of services and work
done by the Secretariat for the benefit of each member country,
whether with large or small volume of external trade (circulating
of reports, etc¢).
Therefore., it would be recommendable to fix for each country
a certain basic minimum contribution and to assess the rest of the
NOTE: The above paper was circulated at the meeting of the
Contracting Parties on 8 August, It was agreed that
it would be kept in the records of the Session for
consideration if and when the question of contributions
were again raised in the Contracting Perties. BUDGET/5
page 2
budget according to the shares of the member countries in the
total external trade. If, for instance, this basic contribution
of each member country is fixed at $ 500 and if the division into
categories according to the suggestion of Working Party 9 is
maintained the scale of contributions would be as follows:
Category Share in Contributions Contri- Number Total
total based on the butions of coun- contri-
external share in the plus $ 500 tries butions
trade total external
trade
1 2A% or mpre $ 65,349 $..65,849 2 $ 131,b698
2 10 - 20% - -
3 7 - 10% 21,545 22,045 1 22.,045
4 5- 7% 19,466 19,966 1 19,966
5 2 - 5% 8,438 8,938 80 , "44
6 1 - 2% 4,042 4,542 5 22 ,71}
7 less than 1% 1,080 1,580 16 25,p86
302,149
The method of the computation of contributions Af different
categories is very simple, if we introduce the following formulate
V - total volume of foreign trade,
v.- volume of foreign trade of a category
N - number of all member countries
n - number of countries in one category
B the total Budget
m - basic contribution of each country.
Then the formula for the contribution of a country in any category
is the following:
C = B - Mm vt # m
V n
the coefficient B _ Nm being the same for the computation of
V
*
contributions in any category.
If this method is used, the Chairman would not have the rather
disagreeable duty mentioned in the par. 6 of the Repcrt - to fix
the increase ef the contribution per unit in case that any of
acceding countries does not become a contracting party, since the
above method can be used for any-number of member countries with
any volume of foreign trade.
* This formula was suggested as an alternative, eliminating
categories, during the meeting. |
GATT Library | kf042rg4062 | Dbmande Presentee par Ceylan en Application de L'Article XVIII | General Agreement on Tariffs and Trade, July 4, 1949 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 04/07/1949 | official documents | GATT/CP.3/54 and GATT/CP.3/54 | https://exhibits.stanford.edu/gatt/catalog/kf042rg4062 | kf042rg4062_90320249.xml | GATT_142 | 963 | 6,117 | RESTRICTED LIMITED C
GENERAL AGREEMENT ACCORD GENERAL SUR
GATT/CP.3/54
ON TARIFFS AND LES TARIFS DOUANIERS 4 July 1949
TRADE ET LE COMMERCE FRENCH
ORIGINAL: ENGLISH
Parties Contractantes
Troisieme Session
DBMANDE PRESENTEE PAR CEYLAN
EN APPLICATION DE L'ARTICLE XVIII
1. Le Groupe de Travail 2 (Article XVIII) qui etudie actuellement la
demande presentee par Ceylan et qui fait l'objet du document GATT/CP.3/20,
a reçu de la Delegation de Ceylan la liste detaillee des produits sur
lesquels porte cette demande. Cette liste detaillee est distribute ci-
apres. Le Gouvernement de Ceylan a amende sa demanded originate en en
supprimant les positions suivantes: strychnine, quinine, produits en
fibre de coco, savon, allumettes et client, et par l'additior des posi-
tions suivantes: poudre de pyrethre (insecticide), dentelles, objets de
cuivre et encre.
2. Pour eviter toute perte de temps, le Groupe de Travail a decide
d'examinerr cette demande sans attendre la conclusion des nouvelles nego-
ciations auxquelles procede la delegation de Ceylan. Son rapport prepara
pour base la Liste VI de Ceylan, talle qu'elle se presentera a la cloture
des negociations. GATT/CP.3/54
page 2
LISTE DETAILLEE
La liste des produits a l'egard desquels Ceylan a presente une de-
mande d'autorisation, conformement aux disposition de l'Article XVIII,
figure a la colonne I. L'importation de ces produits ne sera sujette a
une reglementation que dans les cas ou il exste une production locale
de biens analogues de qualite comparable, A la colonne II figurent les
positions tarifaires qui englobent les produits qui peuvent faire l'ob-
jet d'une reglementation.
Description des produits pouvant Position tarifaire
etre regis par "L'Industrial dana laquelle entrent
Products Act". les produits
(1) Bois contre-plaque
(a) Caisses en bois contre-plaque
destinees a l'emballage du the
et d'rautres produits cingha-
lais
(a) Ex III U 492 - Caisses et boi-
tes destinees a
l'emballage de
produits in-
shalais, y com-
pris les fu-
tailles en botte
et le materiel
d' assemblages
n.d.
(b) Panneaux de contre-plaque et
autres bois contre-plaques
d'ornamentation
(b) Ex III H 336
- Produits manu-
factures en
bois, n.d.
(2) Verrerie
Verre souffle, notamment gobe-
lets, verres de lampe et bou-
teilles
Ex III B 235 - Verres et verre-
rie, n.d.
(3) Ceramicue
Porcelaine et faience vernis-
sees de toutes sortes, notam-
ment tasses, soucoupes et au-
tres poteries de menage, va-
ses et articles d'ornementa-
tion
Ex III B 231 - Porcelaine et
faience, n.d.
(4) Articles en cuir
(a ) Bottets, soulies et san-
dales
(a) III N 384 (ii) - Bottes et
souliers autres
que souliers de
toile a semelles
de caoutchous GATT/CP.3/54
page 3
Description des produits
pouvant otre regis par
"L'Industrial Products
Act".
(b) Objets divers en cuir, notam-
ment valises, portefeuilles et
sacs a msin.
(c) Volley-balls
Position tarifaire
dans laquelle entrent
les produits.
(b) III 0 430 - produits manufac-
tures en cuir n.d.
(c) Ex III U 536 (ii) - Autre
materiel de sport
(5) Acide acetioue s us-produits de la distillation des coques de noix de coco.
(a) Acide acetqjue
(b) Enduits protecteurs pour le
bois en tant que sous-produits.
(a) III 0 391 (i) Acide acetique
(b) Ex III 0 398 Produits chimi-
ques, n.d.
(6) Medicaments
(a) Huile de foie de requin
(b) Poudre de pyrethre
(insecticide)
(h) Ex III 0 403 Droguos, medicaments
specialites pharmaceutiques, n.d.
(b) Ex III 0 400 - Desinfectants,
insecticides et tue-horbes.
Produits de for et d'acier
(a) Barras et tiges d'acier lamine
(a) Ex III C 246 (ii) - Barres, tiges
et brames,
comprenant
acier pou
pour refauier
et acier pour
outillage, non
fabriquees,
(b) Faeuillard et for en rubans
(c) Pointes de Paris
(d) Fil trefile
(e) Boulons et ecrous
(b) III C 259
(c) III C 276
(d) III C 275
(e) III C 247
FeuilLard y compris
le fil de fer ainsi
que le for et l'acier
specialement pre-
pares pour le corelage
de paquets.
(ii) - Pointes de
Paris n.d.
(ii) (b) - fil, nair
ou galvanise, n.d.
non fabrique.
- Boulens At der us
noirs ou galvanises.
Gueuses
"Merchant sections"
divers-grillages,bar-
rieres, axes et leviers.
(f) III C 262 - Gueuses
(g-h) Ex III C 260 - Produits manu-
factures de fer
et d'acier n.d.
(7)
(f)
(g)
(h) GATT/CP?3/54
page 4
Descripticn des produits
pouvont Otra r6gis par
"LlIndustrial Prolucts Act,
(8) Tissus da cotton
(a) Sarongs, camboys, shirtings
et tissus de cnlf',ction
(b) Saris, soxrviattes de toi-
lotte, draps de lit et autre
linger de nonage
.(9)
Position tarifaire
dans laquelle entrMnt
les produits
(a) Zc III I 344 - Articles de co-
tonmade, except
la dentell D et
10 fillet$ misy
conpris la gaz
. moustiquaire
et r. ideaux,
(h) Mc III I 339 - Cotonrn-m.3)s no.d
Articles, an caoutchcuc
(a) Serolles at talbns de caout--
chouc, gc,-c-vs . effac=r, sa-
bots de. frmins, accessories
C. I ox'.tcm :bilc s, tuyaux d I ar-
r-sag&, tuyaux en caoutchouc,
bazi llottds, Jc-:ts,
(b) Pneus de poUsse-pousso
(10) .Papier
(a), Papiar dlirapribaerie
(b) Papiur v kcrire
Wt I? 476 Artieles en caout-
(b) B III T 479(ii) - Bandages,
autres quo
pour Whicules a moteurs,
(a) III R 451 - Papier dsimnrimerie
ordinaire
(b) III R 454 (i) - Papier > 6crire
nod. ordinaire
Dentelle, garniture, napperons
pour plateau, desscus de ;-i.its,
nap-.prons, crochet 'art at
friv.rlites,
(12) Objets de cUivre
Serrures, gpnds, oign~es de
porte, articles en cuivre fa-
* qonn6s
(13) Zncres
Encris >L 6crire et 1. styles
III I 343 - Dentelle et filet
( de c -,. t n) 'a Vexc-
clusion de la gaze
b noustiqucire.
E3x III D 284 - Articles nriuf c..-
tur6s de cuivre.,
n.d.
Ex III U 539 - Pcpeterie, autre
quo le napicar et
articles en fLr et
acier, nd., y
co.i:pris V'ncre L
6crire.
(3.1) Dentellp- Sde- el::;tr;n) |
GATT Library | qj051vx9071 | Déclaration de la Délégation Colombienne au sujet de la formation dune Union douanière entre la Colombie, le Venezuela, l'Equateur et le Panama | General Agreement on Tariffs and Trade, April 20, 1949 | General Agreement on Tariffs and Trade (Organization) | 20/04/1949 | official documents | GATT/CP/16, GATT/TN.1/11, and GATT/CP/16 GATT/TN.1/11 | https://exhibits.stanford.edu/gatt/catalog/qj051vx9071 | qj051vx9071_90070151.xml | GATT_142 | 144 | 962 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
ACCORD GENERAL SUR
LES TARIFS DOUANIERS
ET LE COMMERCE
RESTRICTED
LIMITED B
GATT/CP/16
GATT/TN. 1/11
20 avril 1949
FRENCH
OriginaL: ENGLISH
DTclaration de la dTlTgation colombienne
au sujet de la formation dune Union douaniFre
entre la Colombie, le Venezuela,
l'Equateur et le Panama.
En execution des instructions de son gouvernement, la dTlTga-
tion colombienne aux nTgociations tarifaires a Annecy, a l'honneur de
faire connaître aux Parties Contractantes & l'Accord gTnTral sur les
tarifs douaniers et le commerce, que la Colombie a pris- ainsique le Vene-
zuela, l'Equateur et le Panama - les premiFres mesures en vue de la
formation d'une Union douaniFre, et qu'elle se propose de poursuivre
les nTgociations jusqu'au moment où l'Union douaniFre sera solidement
Ttablie.
Le gouvernement de la Colombie a estimT qu'il convenait de por-
ter ce fait a la connaissance des Parties Contractantes. |
GATT Library | dh857pg5507 | Declaration de la Delegation Cubaine Faite a la Seeance des Parties Contractantes tenure le lundi ler wat 1949,a 10 h | General Agreement on Tariffs and Trade, August 11, 1949 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 11/08/1949 | official documents | GATT/CP.3/78 and GATT/CP.3/78 | https://exhibits.stanford.edu/gatt/catalog/dh857pg5507 | dh857pg5507_90320319.xml | GATT_142 | 2,227 | 14,924 | GENERAL AGREEMENT ACCORD GENERAL SUR RESTRICTED
Limited B
ON TARIFFS AND LES TARIFS DOUANIERS GATT/CP.3/78
TRADE ET LE COMMERCE FRENCH
ORIGINAL:ENGLISH
Parties contractantes
Troisieme session
DECLARATION DE LA DELEGATION CUBAINE
FAITE A LA SEEANCE DES PARTIES C0NTRACTANTES
tenure le lundi ler wat 1949,a 10 h.
Monsieur le Pr6sident,
Un pays, tel que Cuba,. qui a recours a un systeme ue marges
preferentielles et a participe a l'activite de cette organisation
international des les premiers travaux preparatoires, ne peut slempe-
cher de. ressentir une extreme surprise lorsqu'il voit interpreter
l'Accord general dans un sens visant a lui refuser toute garantie
en ce qui concerne les concessions de nature preferentielle qui ont
requ l'approbation des differentes parties contractantes lors des
negociations de Geneve en 1947.
Des la premiere session du Comite preparatoire, a Londres, en
fevrier 1946, la question des merges preferentielles a.souleve de
serieuves controverses. Les Etets-Unis etaient alors fortement en
faveur d'une liberation complete du commerce et, par consequent, de
l'elimination des systemes tarifaires preferentiels dars le cadre de
la nouvelle structus du commerce, telle qu'on la concevait alors et
a laquelle l'on desirait donner un czractere nettement multilateral.
To-tefois, la ferme attitude de plusieurs delegations qui
avaient interet a maintenir le systeme des merges preferentielles, eut
pour resultat que ces systemes furent respects et incorpores au project
de Charte que lon elaborait alore, et ulterieuremnert a l'Accord general
sur les tarifs et le commerce au course de la second session du Comite
preparatoire a Geneve. C'est la. la reason pour laquelle l'Article I
de l'Accord contient le paragraphs 2 en vertu duquel l'existence de
systbmes preferentiels entre les differentes parties contractantes a
ete reconnue et ces syst~mes preferentiels sont enu-eiers aux diffe-
rents alineas dudit paragraph. C'est 6galement pour 1a mrme raison
que, lors de l'adoption de la former a donner aux Listes par lesquelles GATT/CP.3/78
Page 2
les parties contractantes maintiennent en vigueur.leurs systemes
preferentiels, il a ete decide que ass Listes seraient divisees en deux'
parties: l'une comprenant le taux de la nation la plus favorisee appli-
cable en general aux autres parties contractantes, et la seconde dans
laquelle se trouvent exposes les taux de droit preferentiels applicables
exclusivement a certaines parties contractcntes.
Il est inconcevable, donc. qu'ap-rs les polemiques qui ont eu
lieu lors de la premiere session du Comite preparatoire - session au
cours de laquelle l2 ferme attitude des pays desireux de maintenir en
vigueur les systernes preferentiels a periais le maintien de ceux-ci- -
lton puisse affirmer maintenant que les dispositions de accord general
ne garantissent en aucune maniere la stability des marges de preference.
II est hors de doute que,, si tel etait le cas, les pays qui, comme Cuba,
ont manifeste des les debuts de notre orgLnisation, leur intention ine-
branlable de maintenir en vigueur un traitement preferentiel a l'egard
de certaines parties contractantes, n'auraient pas accept d'adhirer a.
l'Accord general, s'il leur etait apparu que les dispositions de celui-
ci ne permettaient pas de garantir existence et la stability du ses
systemes.
La structure des Listes de concessions relatives aux pays qui
appliquent les systemes preferentiels est l'un des arguments les plus
forts et les plus solides que l'on puisse mettre en avant pour prouver
le manque de fondement de opinion qui pretend refuser aux merges de
preference toute garantie ou toute stability dans le cadre de l'Accord.
general.
Les pays qui ont recours a des systepes preferentiels ont
conduit leurs negociations a Geneve sur la base d'un tel traite-ment
preferentiel. Fideles en cela aux principes traditionnels de leur poys
en matiere commerciale, les representants de Cuba aux negociations
4- iIfni.res de Geneve en 1947 ont accepted de mener avec les representants
des Etats-Unis d'Amerique des negociations bilaterales sur la base des
traitements preferentiels. Quand furent tenmines les travaux de coordi-
nation des differentes concessions preferentielles en fonction de leurs
voleurs respective, et qu'un juste equilibre des concessions accordees
par les deux pays eft ete atteint, les Etats-Unis et Cub- presenterent
leurs Listes respectives a l'approbation des Parties Contractantes. Ces Lis-
tes avaient ete divisdes en deux parties distinctes: la premiere partie
contenait les concessions generales de la nation la. plus favorisee, GATT/CP.3/78
Page 3
tandis qu'a la deuxieime partie nc figuraient que les concessious de
nature preferentielle que les deux pays s'accordaient a titre exclusif.
Ces lists ont recu l'approbation des Parties Contractantes et ont ete
incorporees a l'accord generel signs a Gerneve en 1947, en meme temps
que celles d'utres pays.
Si l'on examine cts fits A la 1uluiere des dispositions de
article XXVIII de 1lAccord gin6ral, il est impossible de comprondre
coiwment l'on peut affirmer que 11'tccord g6n6ral nu contivrnt aucune
gcrantie de l'existence des marges de pr~fMrences, et. quc- :us Fiarg(s
peuvent !tre appelees A dispra Stre a un momtnt quelconquc si les ta-ux
de la nation la plus favorisee viennent a etre reduits, Nous- ne cesse-
rons de repeter que les dispositions de l'Article XXVIIl garantissent le
maintien de toutes les concessions reconnues A Guneve, cu'il s'agisse de
concessions relatives aux taux de la; nation la plus favorisee cu aux
teux preeterntiels, pendant un minimum du trois ans, clest-a-dire
jusqu'au ler janvier 1951.
Si l'on examine soigneusement le texts de l'article en question,
I'on se rendra compte qu'il n'est fait aucune distinction untre traite-
ment preferentiel et traitement de la nation la plus favorisde, car il
y est dit de facon explicite qu'uniquement a partir du ler janvier 1951
les parties contractantes pourront cesser d'appliquer ou modifier le
traiteraent qu'elles ava-ent consunti A un produit :,erris d--,ns 1:. liste
correspondent jointe A l^ccord.
Dtautre part, comment sercit-il possible dc Mainturni. 1c
noindre stability cdns l'ccord gener~.l si lcs margcs de pr6fercnce
pouv.iient disparaltre A l suite d uno decision unilatdrale r6auisalt,
A un moment quelconque, les taux qui figurent au torif de kL nation lo
plus favorisee ? Une mesure prise dann ce sens aurait pour cons6qucnce
de causer un desequilibre grave dans les Listes des pays qui appliquent
les tarifs preferentiels et les exposerait continruellement a la porte
de tout equilibre en ce qui regarde les negociations a la suite desquel-
les les concessions on question avaient ete accordees,
II est evident que si une partie contractnnte ctait autoris'e
a retirer apres lavoir accordee, une concession, (preferentielle ou
nation la plus favorisee) l'esprit, aussi bien que la lettre, de l'Ar-
ticle XVIII seraient violes et, en meme 'temps, il deviendrait ainsi
possible de ro.-pre arbitrairement a un moment quelconque l'equibre
des Listes des pays qui ont recours a des systemes preferentials.
L'on ne saurait admettre, car ce serait contrair-a tout les
principes de la logique et a la nature meme des relations commerciales,,
que des pays comme Cuba auraient adhere a l'Accord general, s ils avaient GATT/CP.3/78
Page 4
pu supposer qu'ils se trouvereient mis face a face avec unt telle
situation qui nie l'existence de la noindre base pour le maintien et
la stabilite des principes fondementaux qui ont toujours inspire leur
politique commerciale. II est impossible de concevoir qu'un pays pour
lequel les problemes commerciaux internationaux revetent une telle
importance puisse accepter d'entrer dans un organisme qui n'a rien a
lui offrir d'autre que la desagregation de son commerce exterieur et lui
propose uniquenent de payer de faqon plut8t onereuse les concessions
de nature preferentielle qutil se voit accorder, pour lobliger ulte-
rieurernent,au coazrs de nouvelles n6gociations, a accepter elimination
arbitrc.ire et capricieuse desdites concessions.
Non seulement l3interprftation que donnent de ce problene
certaines parties contrxctz-.ntes va a l'encontre des principes de
ltAccord gen6'ral, mais encore elle suppose 1a negation de toute id~e
d'un commerce organisg sur des bases multilaterales et rend illusoire
en mene temps 1'affirmation que les Parties contractantes peuvent
maintenir, dans les n6gociations qu'elles peuvent conduire entre elles,
le principe que ces n6gociations sont toujours men6es pour 1'a.vantacge
mutuel des parties interessees.
Une telle conception detruit egalement tout sens d'equite
dans 1" conduite de transactions intern-tionales, ;.r elle -met l'un des
pays dans une position d'inferiorite evidente, en ne lui garantissant
pas, no serait-ce que pour un laps de temps minimum, cormme le dispose
I'Article XXVIII de l'Accord general, les concessions qu'il a approu-
vees a titre provisoire et pour lesquelles il a offert des compensations.
Le paragraphe (c) de l'Article II stipule:
"Les produits repris a la deuxieme Partie de la. liste relative
a l'une des parties contractantes et qui sont les produits de
territoires admis, conformement a l'article prer-uer, au benefice
d'un traitement preferentiel a l'importation dans le territoire
auquel cette liste se rapports, etc..."
Solon ce paragraphe, il est reconnu que les produits repris a
la deuxieme partie dune liste quelconque ont droit A se voir accorder
un traitement preferentiel lorsqulils sont importes sur le territoire
auquel correspond une Liste. Si tel est le cas, - et les dispositions
du paragraphe (c) de l'Article II sont completees par les dispositions
de l'Article XXVIII de l'Accord general, lequel fixe, com. il a deja.
ete indi-ue, au ler janvier 1951 la duree du traitement prevu par GATT/CP.3/78
Page 5
une liste donne' - il est difficile de comprendre comment l'on peut
_dnettre qu'a un moment quelconque les Parties contractantes sont
autorisees a reduire les taux de la nation la plus favorisee, quand
une telle reduction cause l'elimination des marges de preference qui
ont ete accordees a une :.utre partie contractante.
Si les produits repris a la deuxieme partie dune liste quel-
conque ont droit a un traitement preferentiel et si le traitement de
la nation la plus favorisee. ou le traiteraent preferentiel doit rester
en application jusqu'ou premier janvier 1951 come il a ete convenu,
conformerment aux dispositions de article XXVIII, il est evident que
l'on ne saurait reconnaitre aux p..rties contractantes le droit de
prendre aucune decision tendant a eliminer ou a raodifier de Loqon
quelconque le traitemlent preferentiel accord a certains produits. Il
est egailement evident que.l'Article XXVIII represente un element per-
mettant l'ajustenent souple des concessions torifaires, mais qu'il
nest susceptible d'application qu'apres l'expirction du delai initial
qui se terrine au ler janvier 1951. II nest pas necessaire de faire
de grinds efforts de deduction pour comprendre que, svil est possible
d'affecter le traitement preferentiel correspondent aux articles repris
dans la deuxieme partie par le moyen de reductions, de telles r6duc-
tions ne sauraient avoir lieu.
L'examen d'un passage quelconque dune disposition legale
isolee de son contexte n'a strictement aucune valeur en tant que
methode d'interpretation juridique. Affirmer que l'accord general
prevoit uniquenent l'engagerant de ne pas Lugraenter les tarifs, parce
que tel est le libelle de l'article II, est fire fi de la structure
de llAccord et rompre l'harmonie qui existe entre les differentes dis-
positions de ce document. Il est impossible de comprendre l1Article II
de faqon correcte, si on ne l'etudie pas conjointement avec l'Article
XXX. Certes, le premier de ces articles n'envisage que la question e
l'augmentation des tarifs, mais le second interdit en des termes tres
generaux toute modification des Listes, garantissant ainsi le stability
complete des concessions, meme contre le danger dune reduction inconsi-
deree des droits. Si tel n'etait pas le cas, l'Article XXX n'aurait
jamais ete libelle dans des termes aussi generaux.. Au lieu de parler
de modifications, sans qu'aucun qualificatif soit joint a ce mot, comme
e'est en fait le cas, l'on aurait precise qu'il s'agissait d'augmenta-
tions de droits. GATT/CP.3/78
P ge 6
Notre interpretation de l'Article XXX ne se fonde pas sur des
speculations theoriques. Elle a so base dans l'etude de l'Accord lui-
meme et de la structure de celui-ci, dans le principe de stabilite que
l'on a incorpore a ce docuaent, sinsi que dans la preuve que cette stc-
bilite est rompue tant par l'accroissement que par la reduction des tars
Il faut bien admettre que l'Accord general est, en tant que
texte juridique, reltivement incomplet. Il pourrait difficilement en
etre autrement, car cet accord multilateral constitue une experience
entierement neuve pour le monde, une experience dans le dor~mine des
relations cotierci.les uultilat6rales. Il est incontestable que 1-
jurisprudence co-i-erciale international a 6t6 enrichie pLr cet effort
colossal qui, pour 1a preniere fois dans lthistoire des relations
commerciales internationales, tient compte des principles du multilatera-
lisne lors de la. conclusion de semblables accords. L'on peut dire que,
grace a cet effort des Parties contractantes a l'Accord general, un
nouveau type de loi a ete cree qui tend a grouper et a regler des
problemes que jusqulici les differents pays n'avaient pas meme songe
a resoudre. Il ne saurait done paraitre etrange.qu'un tel texte juri-
dique contienne des imperfections et des omissions qui presentent de
graves difficultes d'interpretation. Mais l'on ne saurait nier quail
est possible de proceder a cette interpretation avec une certitude et
une clarte suffisantes quand, au-dessus des minuties techniques en
matiere juridique, nous 'considerons les raisons profondes qui ont servi
de base a la creation de cette organisation originate. De ce point
de vue, il est indubitable que l'interpretation de ces problemes,
telle que la propose Cuba, est en harmonie avec la realite des choses
et la nature profonde des problenes que souleve le commerce international ^:
L'on ne saurait nier non plus le fait qu'en depit des imperfections
dont nous avons parle, l'Accord contient des dispositions qui recon-
naissent, de faqon cussi claire que direate, les principes fondamentaux
de cette conception de lVccord gereral, lesquels garantissent la
stability des concessions et l'existence de systemes preferentiels. |
GATT Library | dz855gb4988 | Déclaration de la délégation tchécoslovaque au sujet de l'Allemagne occidentale et dtautres regions soumises à l'occupation militaire | August 22, 1949 | 22/08/1949 | official documents | GATT/CP.3/W.10/5 and GATT/CP.3/WP.10/1,3-7 WP.10/4/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/dz855gb4988 | dz855gb4988_91870592.xml | GATT_142 | 587 | 4,040 | RESTRICTED
GATT/CP.3/W.10/5
22 August 1949
FRENCH
Original : ENGLISH
Déclaration de la délégation tchécoslovaque au sujet
de l'Allemagne occidentale et dtautres regions
soumises à l'occupation militaire.
Conformément à l'article 71 de la Charte de la Havane et A
l'article correspondent de l'Accord général sur les tariffs douaniers
et le commerce (article XXVI), peuvent devenir membres de l'Organi-
sation et Parties Contractantes respectivement:
1) des Etats
2) des territoires douaniers distinets proposes par l'Etat Membre
competent qui les représente sur le plan international, et
jouissant d'una entire autonomic dans la conduite de leurs
relations commerciales exterieures,
La Chcrte de la Havane et l'Aeord génral .sur les tarifs
dQuaniers et le commerce étant des traits internationtux, les
parties A ces instruraents doivent être capables .de slengager juri-
diquement par contract, sinon, tous les contrats pasés par ces
Etats ou territoires et excdant leur capacite juridique sont nuls
et non avenus.
L'Allemagne occidentale nest pas un Etat, mais simplement
une partie d'un Etat qui existe toujouns juridiquement mais dont
les droits souverains sont suspendus et qui ne peut être consider
comme un territoire douanier distinct represerté sur le pl.an inter-
national par l'un des membres de l'Organisatioft.
La note interpretative relative A l'artiele XXVI de l'Accord
général stipule que "les territoires que les Parties Contractantes
representent sur le plan international ne comprennent pas les
regions soumises à l'occipction militaire".
Au paragraphe 4 du rapport du Groupe de travail No6 charge
d'examiner la proposition des Etats-Unis relative à l'Allemagne
occidentcle , rapport revise par les Pcrties Contractantes le 6 sep-
tembre 1948 lors de leur dix-neuvième reunion (GATT/CP.2/32/Rev.1),
on trouve le passage suivant: GATT/CP.3/W.10/5
Page 2
"Le représentant de l'Australie a déclaré que, selon lui,
puisqu'il est généralement admis que l'Accord propose sera tout à
fait distinct de l'Acconl général et que le règlement de toutes les
difficultés qui pourraient surgir entre les signataires devrait inter-
venir entre ces signataires, la question est en dehors de la compétence
et de l'autorité des PARTIES CONTRACTANTES. Compte tenu de ces consi-
dérations et de certaines autres dont il a été fait état, le représen-
tant de l'Australie a jugé inopportun et déplacd que la reunion des
Parties Contractantes formule des recommandations concernant la forme
de l'accord propose. Le reprdéentant de la Nouvelle-Zélande a déclaré
qua l'accord propoad par lea Etats-Unis devrait faire lobjet de n6-
gociations bilatérales avee les gouvernements intéreesds plutot que
d'êtere ecamind lors des reunions des Parties Contractantes".
Pour toutes ces raisins, les Parties Contractantes ont décidé
que 1 accord relatif à l'Allemagne occidentale ne devait pas être
fomellement approuvdé, du fait que la question Atait en dehors de la
competence des Parties Contractantes.
Coime l'a declar4 le représentant de l'Australie, au cours de la
dix-neuvireme stance de la deuxième session des Parties Contractantes
(GATT/C 2/5SR.19) "Toute decision qui pourrait être prise crierait
un précédent propre A causer-de llembprras au Gouvernement australien,
dès lors qu'il stagirait d'un arrangement analogue quelconque propose
au sujet du Japon; d'autres gouvernements pourraient aussi rencontrer
des difficult du mnme genre stils se trouvaient avoir un intérat
dans la meme question".
Le project dfaccord relatif à l'llaemagne occidentale n'a done
pas été joint à l'Accord général et a été totalement omis dans toutes
les rééditions de cet Accord et dans lea documents qui sly rapportent.
De la sort, les Parties Contractantes ont donc status sur la
position juridique do l'Allemagne occidentale et ne peuvent inviter
ce territoire qui eat soumis à l'occupation militaire à participer à
1'avenir aux négociations tarifaires et à devenir lui-même Paztie
Contractante. |
|
GATT Library | rj280dy9402 | Déclaration du chef de la delegation tchécoslovaque, M. Zdenek Augenthaler, a propos du point 14 de l'ordre du jour (GATT/CP.3/2/Rev.2) | General Agreement on Tariffs and Trade, May 30, 1949 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 30/05/1949 | official documents | GATT/CP.3/33 and GATT/CP.3/33 | https://exhibits.stanford.edu/gatt/catalog/rj280dy9402 | rj280dy9402_90320184.xml | GATT_142 | 3,949 | 26,353 | GENERAL AGREEMENT ACCORD GENERAL SUR RESTRICTED Limited C
ON TARIFFS AND LES TARIFS DOUANIERS GATT/CP.3/33
30 May 1949
TRADE ET LE COMMERCE FRENCH
ORIGINAL: ENGLISH
Parties Contractantos
Troisieme Session
D6claration du chef de la delegation tchecoslovaque,
M. Zdenek AUGENTHALER, a propos du point 14 de l'ordre du jour
(GATT/CP . 3/2/Rev. 2)
"Demande du Gouvernement de Tchecoslovaquie en vue d'obtenir une decision,
on vertu de l'article XXIII, sur le point de savoir si le Gouvernement des
Etats-Unis a manque a ses engagements aux ternes de l'Accord par le jeu
administration des delivrances de licences d'exportation."
Monsieur le President, mos chers colleagues,
Dans votre discours d'ouverture de la presente session, vous avez
dit Monsieur le President, que notre ordre du jour comportait des articles
dont la discussion pourrait facilement s'ecarter des faits et des chiffres
du donaine economique pour degenerer on debat d'ordre politique et vous
nous avoz tous adjures de no pao nous laisser ontralner dans ce sens.
J'imagine, Monsieur le President, que vous pensiez tout particulie-
rement au point que nous discutons aujourd'hui et Je me conformerai a votre
voeu, bien que ce ne soit pas la tache facile.
Ce ntest pas facile parce que le "Second Decontrol Act" des Etats-
Unis de 1947, dans ses conclusions et ses directives generales, declare
expressement, sous le point 4, que le controle des oxportations aux Etats-
Unis a pour objectif general "de faciliter l'application de la politique
extericure des Etats-Unis", ce qui revient a dire que des motifs d'ordre po-
litique ont le pas sur les engagements assumes aux termes de l'Article 92 GATT/CP .3/33
Page 2
de la Charte de La Havane, lequel proclame "quo les Etats membres n'auront
recours a aucune mesure econonmique unilaterale qui sera contraire aux dis-
positions de la presente Charte".
Jo no me propose pas d'examiner pour le moment dans quelle mesure les
Etats-Unis pouvent, aux termes des dispositions de l'Accord general sur les
tarifs douaniers et le conmerce, maintenir le controle des exportations sur
les marchanidises dont il ny a pas du tout penurie et qui ne constituent pas
du materiel de guerre, et je passorai tout de suite a la question du fonc-
tionnement du conrtrole des exportations.
L'Article I de l'Accord general contient la regle importante entre
toutos du traitmnent general de Ia nation la plus favorisee et stipule
qu'en matiere de reglementation et de formalites afferentes aux exporta-
tions, tous avantages, favours, Privileges ou immunites accordes par une
Partie Contractante a un produit a destination de tout autre pays soront,
immediatement ot sans condition, etendus a' tout produit simlaire a desti-
nation du territoiro de touts les autres Parties Contractantes.
L'Articlc XIII de l'Accord general proclamo de facon non equivoque
qu'aucurne prohibition ou restriction no sora appliquee par une Partic
Contractante a l'oxportation d'un produit destine au territoire d'une autre
Partie Contractante, a moins que l'exportation du produit similaire a des-
tination de tout pays tiers no fasse omblement l'objet d'tune prohibition
ou d'une restriction. Le paragraphe 2 du meme Articlel pose on principe que,
dans l'application de restrictions, les Parties Contractantes s'efforceront
do parvenir a une repartition du comnorce do ce produit se rapprochant dans
touto la mesure du possible de celle que, on l'absence do ces restrictions,
les diverses Parties Contractantes seraient on droit d'attendre, et le
paragraphe 3 dispose que la Partie Contractante qui applique les restric-
tions fournira, sur demande de toute Partie Contractante intteressee au com-
morcec du produit vise, tous renseignemnents utils sur l'applicantion de ces
restrictions, etc.... GATT/CP.3/33
Page 3
L'Article XIV admet dos exceptions a la regle de non discri-
min tion on cas de difficulte dans la balance des paemets, ce qui
n'est certes pas le cas des Stats-Unis, etent dorne surtout que
touts les marchandises que les autres pays importent des Etats-Unis
sont payees en dollars.
Considerons maintunant les Articles XX et XXI.
La paragraphe II de l'Article XX, on liaison avee le pream-
bule dudit Article, proclame, que, sous reserve que ces mesures ne
seient pas appliquees de facon a constituer un moyen do discrimina-
tion arbitraire ou injustifie entre les pays ou les mames conditions
existent, une Partie Contractante pourra prendre des mesures esson-
tiellos a l'acquisition et a la repartition de produits pour lesquels
so fait sontir une penurie general ou locale, pourvu que lesdites
mesures soient compatibles avee les accords multilateraux destines
a assurer une repartition internationale equitable de ces produits
ou avec le principe selon lequel toutes les Parties Contractantes ont
droit a une part equitable de l'approvisionnment international de
ces produits, ou bion des mesures essentielles au fonctionnement du
controle des prix etablis par une Partie Contractante qui, a la suite
de la guerre, souffre d'une penurie de produits, mais ces mesures
dovront etre supprimees aussitot que les circonstances qui les ont
motivees auront cesse d'exister
L'Article XXI, paragraphe b) (ii) autorise une Partie contrac-
tante a prendre telle decision qu'elle estime reeessaire a la protec-
tion des interets essentiels de sa securite se repportant au trafic
des armes, munitions et materiel guerre et a tout commerce d'autres
articles et materiel destines directenent ou indirectement a assurer
l'approvisionnement des forces armees. GATT/CP.3/33
Page 4
Jo vous dois des excuses, Monsieur le President, ainsi qu'a
tous mes collegues pour eveir cormence ma declration an analysant
los dispositions pertinentes de l'Accord general, qui sont bien connues
de vous mais j'ai pense qu'il etait bon d'agir ainsi pour poser notre
probleme sous son veritable jour.
Voyons maintenant ce qu'est le controle des exportations pra-
tique par les Etats-Unis et comment il s'exerce, Pour cela, Je vou-
drais d'abord mentienner la publication officielle du Department
du Commerce des Etats-Unis intitulee "Comprehensible expert schedule"
No 26, publiee le ler octobre 1948. Vous lirez a la page 18 de ce
document qu'aux fins de controle des exportations, toutes les desti-
nations etrangeres sent rangess dans les groupes suivants :
1) toutes les exportations e destination du Canada sont libres
et aueune licence n'est necessaire. Voila, a notre avis, une premiere
discrimination a l'egard de teutes les autres parties contractantes,
discrimination contraire aux principes fondamentaux de l'article I
et de l'article XIII, paragraphe l;
2) le groupe de pays "R", qui englobe presque tous les pays
eurepeens et leurs possessions immediates;
3) le groupe de pays "O", qui comprend toutes les destinations
etrangeres autres quo le Canada et les pays du groupe "R".
Toutes les marchandises qui peuvent etre exportees sous une
licence generale a destination du groupe "O" peuvent etre reexporecs
d'un pays de ee groupe ou du Canada a destination de n'importe quel
autre pays du groupe, mais la reexportation partir d'un pays du
groupe "R" a destination d;autres pays de ee groupe est interdite, a
moins qu'lune licence ne soit delivree ou modifiee en consequence.
Voila une deuxieme discrimination a l'egard cette fois des pays du
groupe "R", qui ne sont pas traites de la meme que les autres
pays. GATT/CP.3/33
Page 5
4) Mais il existe une autre discrimination entre les pays du
groupe "O" et caux du groupe "R". Toutes les marchadises, qu'elles
figurent dans la liste dite "positive" ou non ont besoin d'une li-
cence d'exportaion, lersqu'elles sent envoyees a des pays de groupe
"R", sauf lorsqu'il s'agit d'expeditiens cormprises dans les limites
de la valeur en dollars prevue par une licence generale. Pour les
exportations a destination du groupe "O", touteifois, certaines mar-
chandises rangees dans la liste "positive" n'ont pas besoin d'une
licence validee pour etre exportees a destination de certains pays
du groupe "O" et, si la marchandiso ne figure pas dans la liste
"'Positive", ume licence d'exportation n'est pas requise pour les
expeditions a destination d'un pays du groupe "O".
5) Je voudrais maintenant consacrer une attention speciale
au malheureux groupe "R", a savoir l'Europe, Nous trouvons la une
nouvelle division qui ne ressort pas des listes publiees mais qui
existe, comme je le montrerai, et qui est d'une extrame importance
pour mon pays. Le 4 novembre 1948, l'Honorable Willard L. Therp
declarait a la deuxieme Commission de l'Assemblee generale a Paris
ce qui suit :
"Depuis le ler mars 1948, on a renferce le controle de l'ex-
portation des produits peu abondants, au moyen d'un regime de licen-
ces d'exportation, qui s'etend a la quasi totalite des expeditions
a destination de l'Europe. Deux objectifs sent ainsi vises s'assu-
rer que les besoins des pays participent au programme de relevement
europeon sont satisfaits, dans la mesure du possible, en accord avec
los objectifs et les buts de la loi dite "loi de 1948 sur l'aide a GA/TT/CP.3/33
Page 6
l'etranger"; et completer le controle tres ancien des exportatins
d'armes, de munitions et d'engins de guerre en examinant tres atten-
tivement les expeditions a destination de l'Eurepe orientale d'autres
Produits presentant un interet du point de vue militaire.
En fait, on a deliberement accored los lieoneos aux oxedi--
tionsdestineese aux apys prticiapant auP.R.E., dans lamesure uo
il en 'sagissait aps edproduits pe u abodants,n alors qeu els xpee-
ditions estinees eaux pays non participants ontete tesr attentiva-
ment exomieesn afinl;) de garantir un rapport conevnabel demarchan -
diess enecssaiers au ereeevemntecono miqeu eds apys articipantsp et
2) 'empechers qeu en; soeinte fefcteeus vers els pays de lEurope'
oriontale eds livraisons sueesptibels ed contribeur de fcona impor-
taneta ernforcerle ppoetnteil miliaeire e cos pdays."
Jo teinsa souligenr qeuM./ Tehrpdansd sondDs scours a parel de
marchlandiess qui erforceraientc le potentiel militaire.l"
Comem vous el savez tous, la ention de" potential militaier"
ou de "potanteil ed geurer" ost unc notion oxtemementrelastique.
Elle compernd els eservesr humaiens, els ersoeurecse conomiqeus 'dun
pays etle egree ed militarisation eds uense t eds auters; ellee nglo-
be aussi lelement '"empst", 'estsata-deio none oementut la possibi-
leite de edvloeppra l puissancmilitaireemaisn aussie l deegr de
eprparation proementpditer e, e ellngeeleb nfine ls forces morales
at ientellcteoellse da populationll.
Il'est pse rsequ en riquie n puisse denir evuelen mente d
otentiel1oegurrc"e mis, si nous adoltptons eonnes,il nous
faudra 6eiminoe c0importants soetoers d'industrioe qui sont oesee-
tielloe au tueps de paix, r6tetree le d,)omaide s recherches impor-
tantoe, changer lft'aspc doel. civilisation modoene oe roedre GATT/CP.3/ 33
Page 7
impossible teute cooperation pacifique. Le "potentiel de guderr"
ne se limite pas aux orgnisations proprement militaires, mais
s'etend a l'ensemble de la nation, jusqu'a ce que, comme l'a dit
M. Salvador de Madariaga "la jeune mere qui allaite pacifiquement son
nourrisson cesso d'etre un symbol idyllique de maternite pour deve-
nir une sembre amazonc qui insuffle l'esprit guerrier a un jeune soldat
pret a empoigner un fusil a lu vingeieme annee des hostiites". Mais
l'accord general parle seulement "des forces armees", qui sont quel-
aqe chose de teut a fait different et c'est pourquoi, a notre, avis,
le "potentiel de guerre" n'entre pas on ligne de compte dans nos
consideratins.
M, Thomas C., Blaisdell, Secretaire adjoint par interim du
Departement du Commerce, a fait, le 31 janvier, une declaration
analogue, en deposant davant la Commission parlementaire d'enquete
le projet de loi prorogeant le controle du Departement du Comnerce
sur les exportations de marchandises dont il y a penurie. Il
rossort de catte declration qu:
1) les Etats-Unis considerent que la necessite du con-
trole est plus grande que jamais;
2) la penuric proprement dite est de moins en moins la
raison du refus des licences;
3) les expeditions a dstination de l'Europe orientale
sont arretees pour des raisons de politique extericure. Ainsi
quo l'a dit M. Blaisdell : "Exception faite des marchandises
dont il y a penurie, les licences d'exportatins pour les ex-
peditions a destination de l'Europe occidentale sont deliverees rATT/CP.3/33
Page a
avec une grande facility, rai3i les expeditions A destination de
1'3urope oriental ornt 6V6 soigneusermnt liit6eS".
J'inagine quo ces declarations sont en rapport 6troit avec les
£anleuseoatstas secretes A ot B, dont nul nta ni6 ltexistenre. Je
serais fort obligd aux d6l6gu6s des Etats-Unis de nous fournir, en
application du paragraph 3 de 11rXticle XIII, tous rens4ignements
utiles sur application des restrictions et s'ur la d6livrance des
liconcos.
Pour le moment, je nlen tiendrai aux declarations que J'ai cities
tout a lhoure. Il en resort ques
1) les restrictions en vigueur ont Wt6 intcnsifi6es depuis le
ler mars 1948, clest-&-dire depuis llontr6e en vigueur de l'Accord
general sur les tariffs douaniers et le coerce;
2) dens la plupart des cas, la raison de cette intensification
des restrictions niftait pas ha p6nurie;
3) lea deux reasons principahes invoqu6es pour J% tifier cotton
discrimination ont 6t6t
a) dos raisons de s6curit6,
b) lo fait quiun pays participait ou ne participant pas au
prograrame de relhvermont europ6en,
Je rcviendrai tout & 11heure sur la question de ha s6curit6 et je
vais parlor maintenant du second point.
La loi dits "Loi d1assistance A 1 stranger de 19480, dans son
chapitre 169, see. 112 g., dispose quaucune oxportation dun produit
quelconque provenant des Etats-Unis ne sera autoris6e A destination diun
pays situd entie'remont ou partiellement: en Europe qui nest pas un pays
participant, si le D6partomernt, ho service, etcj, dtablit que los
quantit6s disponibles de cette mnarchandise sont insuffisantes, ou GATT/CP. 3/33
Page 9
deviendraient si cette exportation etait autorisee, insuffisantes
pour faire face aux besoins des pays participants dans ce domaine,
Cotte loi a ete voteele 2 avril 1948 at signee par le President des
Etats-Unis le 3 avril 1948, c'est-a-dire pesterieurement a l'entree
en vigueur de l'accord general; elle ne devrait done pas, a notre
avis, contenir des dispositions qui sont evidemment incompatibles
avoc l'Accord general.
J'en reviens a la question de la securite national. L'Accord
general definit cette notion dans son Article XXI. Pour ce qui nous
concerne, il nous suffira de faire etat de l'alinea b (ii) "se
rapportant au trafic des armes, munitions et materiel de guerre et e tout
commerce d'autres articles et materiel destines directement ou indirecto-
ment a assurer l'approvisionnement des forees armees". Mais M. Thorp
parlait de "potentiel militaire" ce qui est, a notre avis, quelque
chose de tout different.
Pour conclure cette partie de ma declaration, je tiens a souligner
que le controle des exportations exerce par les Etats-Unis
1) est contraire aux principles fondamentaux de l'Article I, en
ce sens qu'il axige des licences d'exportation pour certaines
destinations et pas pour d'autres;
2) que le systeme de delivrance de ces licences contrevient aux
dispositions de l'Article XIII.
Jusqu'a present, je n'ai parle que de textes et de paragraphes.
Voyons maintenant quelles sont les consequences des mesures prises
par les Etats-Unis d'am"erique sur le developpement du commerce inter-
national, La Tchecoslovaquie a commande a des usines americaines
differents materiels et articles d'oquipements dont aucun ne peut, a
notre avis, servir aux forces arnees. II y a, par exeple, de GATT/CP.3/33
Page 10
l'outillage pour la production de lait on poudre, des electrodes,
dos fillaments de lampes electriques, des fauilles d'aluminium pour
92 dollars, des tubes a rayons X, du fil de cuivre emaille, des
jeux d'instruments emailles pour les fabriques de produits pharma-
ceutiques, differets equipements pour les mines, un equipement pour
la fusion des metax , destine a la Monnaie d'Etat tchecoslovaque,
etc..., Nous avons du payer d'avance pour la plupart des marchan-
dises commandees qui sont maintenant inmobilisees dans des usines
ou dos entrepots americains et quelque 27 millions de dollars sont
ainsi bloques. Nous savons aussi que les Etats-Unis ont remis a
d'autres pays lours listes secretes de marchandises prohibees, qu'
entre temps le Royaume-Uni a introduit des restrictions similaires
pour les exportations et qu'a l'Assemblee nationale francaise, le
depute republicain, M. Chambeiron, a declare6 eo qui suit, le1' maii
1949, dans son interpellations
ve ler avril dernier, un haut fonctionnaire du Quai d'Orsay
a declare, lors d'une conference de presse, que le Gouvernement
francais se proposait, a l'exemple des Etats-Unis et de la Grande-
Bretagne, de limiter nos exportations en interdisant la sortie de
certains produits. Deux listes seraient deja dressees..... Nous
apprenons maintenant que le Gouvernement songe a interdire l'exportatio
des machines-outils".....
Monsieur le President, mes chers collegues, nous avons signe
l'Accord general avec la conviction qu'il introduirait, dans les
relations commerciales internationales, une certaine notion de la
securite et de la legalite, susceptible de developper les changes
de marchandises et d'assurer le plein emploi. Au liou de cela, nous
nous trouvons on preseneo de l'insecurite la plus grande et de
mesures qui aboutiront a une diminution inevitable de nos ehanges GATT/CP.3/33
Page 11
commerciaux avoec certains pays, Comment peut-on attendre de nos entre-
prises qu'elles passent des commandes a des usines de pays ou, soit aa&
la suite de l'intervention dl'LeEtat, soit en raison de la possibiloit
d~ne telle intervention, des millions edonotre argent restent ou
peuvent rester geols?
Vous savez tous que le cohmage augmente rapidement dans ecrtains
pay.s Es-tcela qla bonan fcaon ed lutter ocntre lui, ecla ne veut-il
pas dire eeu les Etat-Usnis fe'remnt eux-emmes leurs marcehs d'exporta-
tion?
Pour toutes ecs raisons, nous attendons de votre part un decision
qui soit juse et e quitablee t qui fasse erniatre uen confience ters
6ranle6, a5deeaut de quoi chaqueopays sertit libre d'agir eovers les
autres presque selon son bon plaisir. Les travaux que nous avons
accomplis jusqu'a present seraient reduits a neant et un grand point
d'interrogation serait place au-dessus de cette O.IC. qui est encore
a creer.
Des qu'on admet qu'un pays peut soumettre les exportations a
destination de certains pays a des restrictions et des formalites
speciales, sans y soumettre egalement les exportations a destination
d'autres pays, le traitement de la nation la plus favorisee cesse
d'exister et on se trouve plonge dans une guerre econornique sans merci
au lieu de collaborer pacifiqement.
Monsieur le President, nes chers collbgues, nous vous a vons
saisis de cette question parce que., conformement a l'article XXIII,
paragraphe 1, nous nous sommes deja adresses au Departement d'Etat des
Etats-Unis par note verbale le 2 decembre 1948 et que, jusqu'a present,
nous n 'avons recu aucune reponse. GATT/CP.3/33
Page 12
PLAN GENERAL D'EMPORTATION No 26
Troisieme partie. Groups de pays
Pour lo controle des exportations, toutes les destinations etran-
geres, a l'exception du Canada, sont classees par l'Office dn Commerce
international, en deax groupes de pays: Groupe O et Groupe R. (Une li-
cence d'exportation n'est pas necessaire pour les exportations a desti-
nation des territoires et possessions des Etats-Unis, par exemple l'Alaska,
les Iles Hawaii, Rorto-Rico, les Iles Vierges, la zone du Canal, Guam etc.,
ainsi que le territoire sous tutelle des Iles du Pacifique).
Groupe de Pays. O
Touts les destinations etraigeres autres que le Canada et cells qui
font partie du Groupe R sont comprises dans le Groupe 0.
Groupe de Pays R
Les destinations suivantes font partie du Groupe R:
Iles de la mer Egee (y compris
les Iles du Dodecanese)
Albania
Andorree
Autriche.
Belgique
Bulgarie
Tchecoslovaquie
Danemark (non compris le
Groenland)
Estenie
Finlande
France (y compris la Corse)
Afrique du nord francaise
(y compris l'Algerie, la
Tunisie et le Maroe francans)
Norvege
Pologne et Dantzig
Portugal (y compris les Iles
Acores et Hadere)
Roumanie
St. Marin
Espagne et ses posscssiens (y
cormpris les Iles Baleares,
les Iles Canaries, le Maroe
espagnol, Ceuta, Melilla,
Ifni, le Rio de Oro, la Guinee
espagnole, y compris Rio
Muni et Fernando Po, et les
Iles Annobon, Corisco et
Elobey,
Suede
Canada.
Allemagne
Gibraltar
Grece (et les Iles de la Mediterrane6e
qui lui appartienennt)
Hongrie
Islaned
Irlande
Italie (et els Iles de la eMditerraene
qui lui apparteonnent)
Lettonie
Liechtenstein
'ithuanie
Lueume7urg
lles de Malte, de ozzzoett de Chypre
Monaco
Pays-Bas
Suiseo
Tanger (y compris la zone internationae)
Trieste, torritcire libre de
Turquie (d'Asie et d'Europe)
Unien des Republiques sovietiques so-
cialistes (d'Europe et d'Asie)
Royaurme-Uni de Grande-Bretagne et
d'Irlande du nord
Cite du Vatican
Yougoslavie
Une licence n'est pas necessaire paur l'exportation d'objets, de materiel,
d'approvisionnement ou de renseignemments techniques a destination du Canada. GATT/CP.3/33
Page 13
LE PROBLEME DE LA DISCRIMINATION DANS COMMERCE INTERNATIONAL
Expose de Willard L. Thorp *
"Depuis le ler mars 1948, on a renforce le controle de l'expor-
tation des produits peu abondants, au :noyen d'un regime de licences
d'exportation, qui s'etend a la quasi totalite des expeditions a des-
tination de l'Europe Deux objectifs sont ainsi vises: s'assurer que
les besoins des pays participant au programme de relevement europeen
sont satisfaits, dans la mesure du possible, en accord avec les ob-
jectifs et. les buts de la loi dite "loi de 1948 sur 1'aide a l'etran-
ger"; et completer le controle tres ancien des exportations d'armes,
de munitions et d'engins de guerre en examinant tres attentivernent
les expeditions a destination de l'Europe orientale d'autres produits
presentant un interet du point de vue militaire.
En fait, on a deliberement accorde les licences aux expedi-
tions destinees aux pays participant au P.R.E., dans la mesure ou
il ne s'agissait pas de produits peu abondants, alors que les expe-
ditions destinees aux pays non participants ont ete tres attentive-
ment examlinees afin 1) de garantir un apport convenable de marchandises
necessaires au relevnerment economique des pays participants et 2) d'em-
pecher que ne soient effectuees vers les pays de l'Europe oriental
des livraisons susceptibles de contribuer de facon importante a
renforcer le potential militaire de ces pays."
* Parlant a la Commission 2 de l'Assemblee des Nations Unies A Paris,
le 4 novembre 1948. GC.TT/CP.3/33
Page 14
Departement du commerce des Etats-Unis
Office du commerce international
T6l6phone STerling 9200 OIT-318A
Exct. 3681
Le Secr~taire au commerce Charles Sawyer a annonc6 dans la
soir6e d'hier qu'a dater de ce jour, une licencef en regle ne sera
plus n6cessaire pour VLexportation des graisses (y compris le 2Lard
et le beurre) des huiles et des graines ol6agineuses & destina-
tion des pays d'flEurope et des regions voisines qui ne font pas
partie du Grnupv "R". Des fonctionnaires du DUpartement du commerce 9
ont souligne qulune licence en reglc est toujours n6cessaire pour
les expeditions a destination des pays du Groupe "R".
La decision de ce jour est la derniere dune serie de me-
sures assouplissant les contr8les sur les graisses et lee huiles.
Le contr8le de.s exportations des graisses et des huiles non comes-
tibles a 6t6 leve le 7 f6vrier, 9. la suite d'une 6tude entreprise
sur la demande de K. Sawyer. En mgme temps, les contingents de
lard et d'huiles de soya At de graines'de coton ont ete augments
de 1Q5.000.000 livres (anglaises) (47.000 tonnes mntriques environ).
Cet apres-irridi, le Comit6 international de la crise alimen-
taire, dont les E3tats-Unis font partie, a d¢.cidU qu'il nly avait
plus lieu de comprendre les graisses et les huiles dans un systbme
de r6partition mondiale. Au debut de la journ6e, le Secr6taire
Sawyer aveit retard sa decision en attendant cette decision du
Comit6 intvrne-tional.
La decision du Comit6 international a donned' une port6e pratique
A la decision du DUartement du commerce qui au',orise l'expedition de
de toutes les graisses et huiles dans toutes les parties du monde,
A exception des pays du Groupe "R", sans qu'il soit n6cessaire
dlobtenir une licence en regle.
On trouvera ci-apres une liste des. graisses et huiles qui ont
6te raydes aujourd'hui de la liste positive des merchandises soumises
aU contr8le des exportations: .. ........ s
Suit la liste des mrarchandises. GJ.TT/CP. 3/33
Page 15
Importations de, la TCHLCOSLOVSLIQUT-
Pourc-.nt.ge du total d'.~s iniportations
Origine tch-tecoslovw ques
reduction de 1948
1(:47 1948 par rapport a 1947
Etats-Unis dtj'mriquf 10,2 4,8 53 /v
Royaume-Uni 11,7 10,1 - 14 O
France 3,5 2,5 - 29 >
Pays-Bas 5,8 5,4 - 7
Belgique 4,6 3,1 - 33 ,
Norvrge 2,3 1,2 - 8
Danumark 2,8 1,3 - 54 '
Italie 4,0 2,4 - 40 0
Grace 0,9 09 0
Suede 6,9 5,3 - 23 X
Pays participants &
1'ERP qui siegent 42,5 32,2 - 24 /O
ai Annecy |
GATT Library | cn482wr6338 | Declaration faite par la delegation de Cuba a la reunion des Parties Contractantes, tenue le mardi,9 août 1949, à 10 h | General Agreement on Tariffs and Trade, August 11, 1949 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 11/08/1949 | official documents | GATT/CP.3/79 and GATT/CP.3/79 | https://exhibits.stanford.edu/gatt/catalog/cn482wr6338 | cn482wr6338_90320321.xml | GATT_142 | 1,674 | 11,093 | GENERAL AGREEMENT ACCORD GENERAL SUR RESTRICTED
Limited B
ON TARIFFS AND LES TARIFS DOUANIERS GATT/CP.3/79
11 August 1949
TRADE ET LE COMMERCE FRENCH
ORIGINAL:ENGLISH.
Parties Contractantes
Troisibme session
Declaration faite par la delegation de Cuba a la
reunion des Parties Contractantes,
tenue le mardi,9 aoIt 1949,a 10 h.
Monsieur le residentt,
Maintenant que les PARTIES CONTRACTANTE se sont prononc6es contre
la these juridique soutenue par Cuba au sujet des garanties et de la
stability des regines preferentiels dans le cadre de l.'Accord general.,
la delegation de Cuba estime devoir se retirer de la presente session des
PARTIES CONTRACTANTES,, afin d'en referer a. son Gouvernament.
C'est au Gouvernement de Cuba et non pas a la delegation cubaine
qu'il incombe de decider, apres une etude approfondie de la situation
devant laquelle il se trouve plac6 au sein des PARTIES CONTRACTANTES,
quelles doivent etre a l'avenir son attitude et sa politique.
La these juridique de la delegation cubaine dans laquelle s'expri-
ment les droits fondamentaux de notre pays, ayant ete repoussee, cetto
deligation estime inutile de rechorcher le moycn de trouper une forniule
qui pourrait tontar d'att6nuer dans une certaine mesure le prejudice
r6sultant de cetto decision. Ce prdjudice ne peut ftre 6valu4 en consid6-
rant soulement la perte de certaines preferences tarifaires; en effet,
come nous l1avons dciclar6 Z. maintes re-rises, la gravity de cette d6ci-
sion r6side dans le fait que, ind6pendamnent de la perte de curtains avan--
tags preferentiels, elle a pour effet de cornpromettre entierement le syst'.
des preferences tarifaires lui-meme, en subordonnant le maintien des
preferances dont beneficie Cuba a la decision des autres PARTIES CONTRAC-
TANTES et non pas de Cuba.
A propos de la declaration faite par la delegation des Etats-Unis,
la delegation de Cuba tient a. exprimer sa satisfaction, de ce que l'offre
de concession relative au sucre quiavait ete faite a-. la Republique Domi-
nicaine, ait ete retire, car elle attache une grande importance a. cette GATT/CP.3/79
page 2
question. Toutefois, puisque les Etats-Unis so sont reserve le droit
do decider librament au cours des negociations futures du sort des
preferences tarifaires y compris cllas qui concerment le sucre, nous
regrettons de ne pas pouvoir modifier notre point de vue sur ensemble
de la question.
La delegation de Cuba tient a declarer - et elle desire que ces
declarations figurent dans le compte rendu official - qu'elle n'accepte
pas la decision des PARTIES CONTRACTANTES et qu'en so rotirant do la
prosento session des PARTIES CONTRACTANTES sur les instructions de son
Gouvernoment, elle reserve pour Cuba tous los droits qu'il pout ou
pourrait avoir aux termes des dispositions de l'.Accord gereral. et, evon-
tuellement, de la . Charte de la Havane, de domander et -.2r 1
mosurc ainsi adont6o soit roctifi~e ou encore qu . d'nutros -nesures
socint ndopt6os on vuo de r6tablir . sa satisfaction l'6quilibr(e cans
lcs nkgocirations pourl-uiviis par notr, ljays dans lc cadre de 11'Accord
general, 6quilibre qui se trouve gravcment conprordis d=.s los circons-
tances actuolls.
En meme temps, la delegation reserve pour Cuba tous les droits
qu'il pourrait avoir de contester, le cas echeant, Ia validite de nego-
ciations tarifaires rnenees par une Partic contractante, qui toucheraient
aux avantages preferontiols dont benefice Cuba, sans que lo consente-
ment prealable de notre Gouvernemont ait ete obtenu a cot effet au cours
de negeociations appropriees menees librement.
La delegation de Cuba tient aussi a fair observer que dans ces
moments de graves difficulties que traverse son pays, elle no se sent
animee d'aucun esprit de recrimination on so rotirant de la troisieme
session des PARTIES CONTRACTANTES. La delegation de Cuba a trop le souci
de sa propro dignity ot de la conduit a observer dans leo rapports in-
ternationaux, pour perdre malgre las graves difficulties devant lesquelles
elle so trouvo place, lo sens de Ia moderation dont clle a fait prouve
aussi bien devant ce probleme que dovant les autres graves problemes
qui se sont poses pour elle a propos de l'Accord general, Mais 'a delega-
tion de Cuba ne pout se retirer de la presonte session sans faire certaines
declarations qu'olle juge necessaires; car, dans certaines conditions,\
des ritiques fussent-elles severes, peuvant, si ells sont, fondees, avoir
une influence positive sur l'evolution d'une organisation internationale. GATT/CP.3/79
page 3
Le delegation de Cuba qui a participe a la deuxieme session des
PARTIES CONTRACTANTES, tonue a Geneve en 1948, a pu observer, au cours
de cette session, comment la delegation des Etats-Unis a obtenu des
PARTIES CONTRACTANTES une decision an vertu de laquelle le Gouvornement
des Etats-Unis a ete autorise a tctablir un nouvoau system de pr6f6ronccs
au b6n6fice de certaincs tlos du Pacifiquc.
Une ann6e plus tard, & la prdsonto session des PARTlZS CONTRCT.NT3S
la ddl~gation de Cuba c. ..nnecy a pu observer comment les Etats-Unis,
pr6tende8t que laur politique fondamenta.le consistait & hliminer les
pr6fdrences, a soutenu une those - et comcnt les PARTIES CONTR.CT..NT.2S,
acceptant la these am~ricaine, bien quo la structure traditionnelle de
l'6conomio cubainc sten trouve 6branl6e jusqulon sos fondements, ont
adopt une decision - qui a pour effet de ditruire en fait tout le sys-
tbme des preferences tarifaires de Cuba, qui n'existait pas seulement
en vertu dune toleranco, maais qui faisait expressement partie de l'Ac-
cord general. II est difficile de justifier cette inegalite d'attitude
ot de traitement. La delegation de Cuba ne pout comprendre ces contra-
dictions graves de la politique economique des Etats-Unis ot des PARTIES
CONTRACTANTES.
Cuba a demontre que, dans le present differend, aucune interpre-
tation generale de l'Accord no peut aboutir 'a une solution equitable
tenant compte des principles eleves de la reciprocite des avantages et
de prosperite collective, preconises dans l'Accord general. Dans cette
situation, Cuba a tente de trouver un compromis qui, tout en ouvrant
une voie vers la solution d'un problem tres grave pour lui, tienne
compte des problems At des difficulties devant lesquels so trouveraient
places les autres parties. lais les PARTIES CONTRACTANTES ont abouti a
une decision qui, si elle resout les problemes qui se posent pour d'autres,
ne r6sout pas notre problem: en offet, lo geste que llon a esquisse en
notre faveur en nous offrant les consolations de l'Article XXIII de l'.'c-
cord pour nous dedornager eventuellement de la suppression obligatoire
de quelques-uns de nos avantages preferentiels, ne resout pas le fond
du probleme, come nous l'avons deja expose. De l'avis de la Delgation
de Cuba, il slagit la d'un precedent extremement grave, qui aura des
repercussions regrettables sur les rapport internationaux et, on parti-
culier, sur l'avenir de cette Organisation. GATT/CP.3/79
page 4
Cette difficulte n'a pas ete la seule que Cuba ait eprouves----
au cours de la Troisibme Session des PARTIES CONTACTANTES . En depit
des efforts surieux de notro delegation, les tentatives faites pour
parvenir a un redressement de la. situation critique dans laquelle se
trouve l'ndustrio toxtilo cubninc n'ont donne aucun resultat. Les
PARTIES CONTRACTANTES pourrcnt se rendre compte de l'insucces des of-
forts du Groupe de travail charge' de trouvor une solution a ce probleme
lorsqu'elles prondront connaissance de son rapport et des renseignemonts
suppl.rnontaires que notre D616atibn lour soumattra, malgr6 son retreat
de la Session.
Par ailleurs, Cuba a attendu on vain un results: positif des
nouvelles negociations tarifaires avec les Etats-Unis dont elle avait
demands l'ouverture en Mars 1948 et dont los PARTIES CONTRACTANTES
avaient approuve. le principe en septembre de la meme annes ces ne-
gociations sont toujours en suspens, ce qui Ontratne des pertes serieuses
pour les industries intrerssees. Les PARTIES CONTRACTANTES prendro-nt ega-
lement connaissance d'un rapport sur cette question, avant la fin de la
Session.
Cuba est entree dans cette Organisation scans experience prealable
puisqu'il stagissait d'inatgurer un nouveau systeme. Mais s'il ne posse-
dait pas cotta experience, il y ost entre cependant anime du meilleur
esprit de collaboration, et avec une antiere confiance dans les advantages
mutuellement satisfaisants que ce systeme devait procurer a ses membres.
Il constate mraintenant non seulement que les dispositions de l'Accord
gine'ral ne sont d'aucun scours pour resoudre, voire simplament pour
attenuer, les difficulties nouvelles auxquelles il doit faire face, mais
encore quo la stability economique du pays se trouve menacee par l'adoption
d'une decision on vertu de laquelle, sans son consentoment, ast sanction-
nee la perte des :tvantagcs pref6rontials dont il b~n~ficiait sTir le mar-
che americain.
Le monde vit des moments difficiles. Les problemes dont on avait
prevu qu'ls se poserajent dans la period d'anres-guerre et qu'ils ren-
draient difficile la creation d' une economie de paix, creent de graves
soucis 'a tous les pays, l.Mais c'est precisement dans de tels moments qu'il
est indispensable rtr *nf'orcer les liens de la collaboration international
at que le devoir s 'impose de suivre une politique impartiale animee de la G.ATT/CP.3/-79
page 5
plus strict justice international, afin quo des organizations telles
que cell qui a ete creee en vertu de l'Accord general, puissant
repondre aux espoirs mis en elles, C'est dans ces moments que les
cas come celui de Cuba,, sont encore plus decourageants. La Delegation
de Cuba ne regrette pas ce qui est survenu soulement parce que c'est
son pays qui doit en subir les consequences, Ella le regrette encore
parce qu'elle est pleinement consciente des devoirs at responsabilites
eleves que comporte la conduite des relations intornationales et parce
quIelle sait que ces relations se trouvent compromises lorsqu'on suit
une politique comme celle qui viont d'etre adoptee.
Aussi, en se ratirant de la presente session des PARTIES CONTR..C-
TANTES, la delegation de Cuba tient-elle " exprimer le voeu fervent
que les difficulties du genre de celles-ci puissent etre Sunnibtees
et qu'il soit possible a l'avenir d'eviter des decisi-ns qui sont si
inopportunes precisement parce qu'elles portent une atteinte grave .
l'esprit de collaboration internati.;nale et ebranlent cett* foi que
doivent necessairement inspirer les institutions internatinales.
Qu'il nous scit permis en terminant de vous exprimer, a vous,
Monsieur le President, et aux representants des PARTIES CONTRACTANTES,
nes sinceres remerciements pour les nombreuses marques d'attention dont
les membres de notre delegation ont ete personnellament l'objet au
cours de la presente session. |
GATT Library | xg457mh2841 | Declaration Faite par la Delegation de Cuda Lors de la Seance des Parties Contractantes du Mardi 2 Aout 1949 | General Agreement on Tariffs and Trade, August 2, 1949 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 02/08/1949 | official documents | GATT/CP.3/63 and GATT/CP.3/63 | https://exhibits.stanford.edu/gatt/catalog/xg457mh2841 | xg457mh2841_90320285.xml | GATT_142 | 2,203 | 14,353 | GENERAL AGREEMENT SUN. RESTRICTED
LIMITED B
ON TARIFFS AND LES TAFIFS DOUANIERS. GATT/CP.3/63
; 2 August 1949
TRADE r ET LE COMMERCE FRENCH
TRADE ORIGINAL : ENGLISH
PARTIES CONTRACTANTES
Troisieme Session
DECLARATION FAITE PAR. LA DELEGATION DE CUDA
LORS DE LA SEANCE DES PARTIES CONTRACTANTES
DU MARDI 2 AOUT 1949
Au C des debats auxquels a donne lieu le cas de Cuba,
il a ete mis en avant que,lors le l'etude Je questions d'ordre
juridique, il n'etait pas possible de perdre des yeux les faits
qui sont a l'origine de cetter meme question. Nous estimons qu'il
est indispensable que le Group- de travail charge d'examiner
notre uas l'etudie dans toute son ampleur et dans tous les
details qu'il peut presenter, tant sur l'e plan pratique que sur
le plan juridicue. C'est la le seul moyen pour le Groupe de
travail de presenter aux PARTIES CONTRACTAITES une recommendation
ayant une valour constructive quelconque. Nous ne pensons pas
qu'il soit pratique de soumettre aux PARTIES CONTRACTANTES tous
les details de fait que la situation peut comporter car a notre
avis, o'est la une tache qu. ..' w,,. ; 1;v!;rd au Groupe
de travail de mener a bien; toutefois, etant donned le danger
qui existed a l'heure actuelle pour noursqu'une tentative soil
faite en vue de scinder la probleme afin de le resoudre, nous
estimons qu:il convient de soumettre aux PARTIES CONTRACTANTES
des considerations supplemoutaires afin de les convaincre que
le Groupe de travail doit etre saisi de la question dans son
integrite.
Dans la declaration que rs avons adressee aux PARTIES
CONTRACTANTES, nous avous maintenu que Ia conservation de
l'equilibre des negocitions anterieures est l'un de s principes
fondamentaux de l'Accord general, et que cet equilibre ne pout
etre rompu: de facon unilaterale par une partie contractants au -2- prejudice d'une autre.
Cuba et las Etats-Unis ont negocie a Geneve o;n 1947
certaines positions qui affectaient le systeme de prefefrences
incorpore a la seconde partie des Listes de Cuba et des Etats-
Unis. En meme temps et a la suite de negociations multilaterales.
on a, incorpore a la premiere partie de ces Listes les taux de
la nation la plus favorisce qua chacun des deux pays devait
appliquer aux autres parties contractantes. Le resultat pour
Cuba de ces negociations bilaterales a ete un equilibre qui
fut alors a-nsidere comme satisf-ais-int, mdme si ult~rieurement
il a 6te n~cessaire en pritique de reviser ce jugement. I1
nest pas 6tonnant quo ceci soit arrive 'a Cub . au d6but d'une
tentative sans pr6c~dent dans lhistoire de 1'6conomie mondiiLe.
Si 1'oxperience a prouv6 que lea negociations de Geneve et leur
r6sultat n'ont pas 6t6 aussi sstisfaisants qu'on l'esperait, on
peut s'imaginer quelle repercussion aurnit pour l 'economie
cubaine le fait d'admettre que ia situation cr66e psr !es nego-
ciations de G-nbve pout 6tre modified unilat~ralement par un
autre pays, dans le c!s pr6sent les Etats-Unis- ce qui causerait
ainsi a Cuba un tort considerable sans que Cuba ait donn6 son
ccnsentement a do telles modifications.
Les Etats-Unis pretendent que ls merges de preference
qui ont ete maintenues en faveur de Cuba a la suite des nego-
ciations de Geneve peuvent the reduites ou eliminees do facon
unilaterale sans qu'il soit necessaire d'obtenir au prealable,
le consentement de Cuba. Partant de cette maniere de vcir, ils
ont offert a Annecy la reduction ou l'elimination des merges
de prdefrence cubaines sans avoir obtenu au prealable le
consentement de Cuba. A notre connaissance, il n'a ete acheve
jusqu'ici qu'une seule negociation affectant ces marges de
preference cubaines, celle qui a ete conduite avec Halti; - 3 -
mais lors de negociations menles avec les gouvernments adherents,
les Etats-Unis ont offert des reductions ou des eliminations
portent sur une vingtaine de merges de preference dont Jouit
Cuba sur le marche americain, entre autres la reduction de ls
marge relative au sucre cubain pour le maintien de laquelle
Cuba avait consent a des sacrifices.
Afin de montrer nux PARTIES CONTRACTANTES quelles cons6-
quences l'acceptation de la. these americaine entrainerait pour
Cube, nous allons signaler, a titre d'exemple, deux c:s qui ont
ete affects par les negotiations menees avec Halti; celui du
rhum et celui des ananas.
Voyons en premier lieu le cas du rhum:
Lurs des negociations de Ganeve en 1947, Cuba avait prie
les Etats-Unis de reduire les taux de droits frappant le rhum
de $2.00 & $1.00 et de maintenir ls merge de pr~f±rence. Les
n6gociteurs am~ricains avaignt offert a l> Grinde-Bretagne
le preference relative au rhum cubain; quand la delgation
oubaine protests contre ls perte de notre preference, les
Au6ricains acceptbrent de retirer cette elimination de l marge
de pr~frrence si Cuba acceptait un taux de $l.75 au lieu du
taux de 41.00 qu'elle av~it demand'. Il convient de prendre
note du fnit qu'au cours de zette neBgai-ition particuliere,a
Gkneve, Cuba fit le sacrifice d'une nouvelle reduction du taux
pour pouvoir maintenir ia marge relative a ce produit.
Prenons maintenant le cas des ananas:
Au nombre des efforts entrepris par Cuba on vue de
diversifier sa production et d'industrialiser celle-ci en
tirent parti nu maximum de ses possibilities climatiques et
agronomiques, il etait logique que figurat une tentative visant a
developer la culture de l'ananas et ses industries connexes. - 4 -
Cette culture et son industrialisation n'ont cesse de prosperer
tant sur le march interieur que sur le march deportation
qui offre des possibilities fort interessantes. Lors des n'g-
ciations de Geneve, Cuba a Jalousement veille au maintain de
ses differentes mares de preference relatives a ce produit,
estimant qu'il s'agissait la d'un facteur important de l'indus-
trialisation du pays.
Considerons maintenant les effets que l'adoption de la
these americaine aurait sur los deux cas affectes par les
negociations menees avec Haiti que nous avons cites en exemple.
Las Etats-Unis estiment qu'ils ont le droit de reduire ou
d'eliminer unilateralement les merges de preference maintenues
par Cuba lors das negocintions de 1947 et, per consequent, au
cours des negociations qu'ils viennent de conclure a Annecy
avec Haiti, ils ont propose d'eliminer la marge concede pour
le rhum et de reduire de fagon considerable cette marge en ce
qui concerned certain protuis figurant sur la liste relative
aux ananas. Ils ont egalement intention, come nous l'avons
deja signal, de reduire ou d'eliminer certaines autres marges
au moyen de diverses negociations.
Admettre la these americaine aurait une portee beaucoup
plus grande encore, ear les consequences d'une telle fagon de
fire no se feraient pas sentir uniquement sur les negoci'tions
d'Annecy, mais encore V'on consacrerait ainsi le droit des Etats-
Unie de proceder unilateralement a la reduction ou a l'elimi-
natiors a leur convenance, de touts les autres marges de
preference dont jouit Cube,lors do negociations qu'ils pourraient
moner a l'avenir. -5 -
Dans le cas du rhurm, pour lequel, lors des negociations de
Geneve, nous avons accept un taux de droits plus eleve afin de
garder notre merge de preference, nous perdons la preference et
continuons a payer le taux le plus eleve. Dens le oss des ananas,
le marge de preference maintenue a Geneve qui est un facteur
important du programme d'industrialisation oubain, va desormais
Atre reduitc sensiblemant en ce qui conoerne certains articles
de la liste et sera peut-etre entierement elimine a l'egard de
certains autres a un moment quelconque dans l'avenir, ce qui
compromettrait les possibilities de developement industrial de
ces products.
Portee a ses consequences extremes, cette theorie signifierait
que les Et its-Unis peuvent retirer h Cuba unilateralement, sans
lui accorder de compensation, toutes les preferences que Cuba
a payees aux Etats-Unis en leur laissent plusieurs centaines de
preferences dans les tarifs cubains.
Paut-etre dira-t-on que pour Cuba, la solution du probleme
reside dans le retrait des preferences dont les Etats-Unis
Jouissent sur le marche cubain, mais si l'cn va au fond des
chexes, l'on se rendra aisement compte que c'est la une conception
erronee. Tout d'abord et avant tout, un prejudice cause aux
exportateurs americains sur le mairche cubain ne saurait constituer
un avantage pour Cuba; une telle maniere de faire ne peut done
etre consideree comme constituent une compensation pour l'economie
cubaine.
En deuxieme lieu, l'elimination des preferences americaines
par le moyen de la reduction des taux de la nation la plus
favorisee au meme niveau que celui qui est actuellement applique
aux preferences, entrainerait une reduction important des
tarifs cubains et, en outre, une perte de revenues pour Cuba. - 6 -
L'on ne saurait pretendre qu'en fin de compte, Cuba
beneficiera d'avantages queloonques a la suite dune reduction
generale des tarifs de toutes les parties contractantes operee,
en vertu du principe multilateral qui gouverne l'Accord, car il
est evident que les pays qui ne peuvent exporter qu'un nombre
limit de produits no tirent aucun benefice des avantages qu'il
est en theorie possible d'obtenir relativement a des produits
qu'ils n'exportent pas. I1 faut done bien arriver a la conclusion
que le principe de la multilateralite ne pout so reveler avanta-
geux qu'aux pays susceptibles d'exporter des produits dont la
varete est teller ot la quantity si eleve qu'il leur eat possible,
en tant que nation, de se dedommagcr de la perte qu'ils peuvont
subir sur un produit donn& par les avsanteges qu'iis peuvent
obtanir d'un Rutra c~t6. Tel nest malhliurcusement pas le oas
de Cuba.
Il convient egalement de tenir compte de la position
difficile de Cubs par rapport a le concurrence, etant donne
son haut standard de vie at les salaires beaucoup plus eleves
que ceux des pays concurrents qui ont cours dans ndre pays;
l'on comprendra alors quelles repercussions desastrouses aurait
l'elimination soudaine de ces marges de preference.
Que l'on nous permette de faire remarquer a ce propos. que
le maintien d'un haut standard de vie ainsi que l'octroi aux
travaillaurs de salaires eleves sont egalement des objectifs
de notre organisation international; mais dans le cas qui nous
occupe, ce scnt la des facteurs qui ne contribuent qu'a. aggraver
la situation de Cuba.
Nous crcyons que les presentes considerations fournissent
amplement la preuve des preJudices que causerait a Cuba sur le .plan economique, I'acceptation par les PARTIES CONTRACTANTES
de la these dont se reclament les Etats-Unis.
Nous astimons egalemant qu'une telle decision entrainerait
la destruction totale du prinoipe de l'Accord general qui cherche
le bien-etre collectif au moyen de negotiations mutuellement
avantageuses pour les PARTIES CONTRACTANTES. Oe serait certai-
nement se moquer de ce principe que d'admettre que des negociations
qui avaient ete consideres comme mutuellement satisfaisantes au
moment de leur conclusion peuvent etre modifies ulterieurement
par des mesures unilaterales prices per une seule parties
contractente.
L'on ne saurait reconraitre aux Etats-Unis le droit
d'obtenir, ne serait-ce qu'en partie, les avantages qu'ils
peuvent obtenir pour leurs pro-duits sur d'autres marches on
accordant des benerices que Cuba a deja obtenus et pour lesquels
ce pays a donne des compensations lors de negociations prealables.
II est done absoument necessaire que les PARTIES CONTRACTANTES
precisent o' concept, car si l'Accord general doit etre sauve
pour le benefice du monde entier et pour etre accept d'une
fagon generale par les PARTIES CONTRACTANTES, il est indispensable
qu'il puisse offrir a ces memes parties contractantes des
benefices collectifs sans que oes benefices soient Jamais
accordes aux depends et au detriment de l'une.d'elles.
Le probleme Juridique dont sont actuellement daisies les
PARTIES CONTRACTANTES est fort* complique . Sa solution comporte,
comme il a deja ete dit, de graves consequenoes. L'on affirme
d'un cote que l'un ies objectifs de l'Accord consiste a reduire
ou a eliminer les preferences parce qu'elles constituent des
entraves au commerce. Le fait que pour arriver a ce resultat,
il pout etre necessaire de tourner le text clair et precis
- 7 - - 8 -
de l'Article X en relation avec le paragraph 7 de l'Article II,-
semble indiquer que ceci est considers comme etant d'une
importance secondaire pourvu que l'on puisse arriver a la
reduction ou 'a elimination des preferances.
Par ailleurs, on pretend que l'objectif final de l'organi-
sation est d'ameliorer les changes de tous les pays au moyen
de negociations mutuellemant satisfaisantes pour toutes les partie*.
et que la reduction ou l'elimination de preferences san le
consentement de la parties affectee pout produire un desequilibre
des negociations et done rompre l'un das principes d'equite qui
justifiqtl'existence de notre organisation ot en permettent le
maintien. Centre cet argument fondamental, on invoque alors le8
piragraphes 1 (b) et (c) de l'Article II pour pr~tendre qu'ils
interdisent uniquemcnt d'6lever les droits et que done, contrario
sensu, ln reduction des tasm nest pas d6fendue. Dans le premier
cas, il semble que 1ron pr~tende que pour sauvogarder 1'obJectif,
1'on doive 6tre dispos6 a violer le texte lit6ral de lf'aecord;
en second lieu, il semble quton doive 6tre pr~t a sacrifier le
principe pour r~aliser une telle reduction en pretendant que le
texte de l'Vccord n'interdit -ps la reduction d'un taux de drcits.
N-us, voycns alors quels problmes de base pr6sente
I'interpretation Juridique de l 'Accord. Nous reiterons done notre
demanded que les PARTIES CONTRACTANTES faisant appel au sens de
leur responsabilite chargent un gropupe de trevail constitue dans
ce but d'examiner, dans son ensemble, le probleme presente afin
de donner a Cuba et aux Etats-Unis la possibility de presenter
leurs arguments sans aucune restriction et sans aucune alterationa |
GATT Library | zj206tj0819 | Declaration Faite Par Ladelegation de Cuba Au Sujet des Marges de Preference a Annecy -- Troposition Formulle Par la Delegation de la Norvege | Accord General sur les Tarifs Douaniers et le Commerce, August 6, 1949 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 06/08/1949 | official documents | GATT/CP.3/71 and GATT/CP.3/71 | https://exhibits.stanford.edu/gatt/catalog/zj206tj0819 | zj206tj0819_90320301.xml | GATT_142 | 256 | 1,794 | ACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCE
RESTRICTED
Parties Contractantes LIMITED B
Troisieme Session GATT/CP.3/71
6 August 1949
ORIGINAL: ENGLISH
FRENCH
DECLARATION FAITE PAR LADELEGATION DE CUBA AU SUJET
DES MARGES DE PREFERENCE A ANNECY --
TROPOSITION FORMULLE PAR LA DELEGATION DE LA
La Delegation de la Nerve e propose que les PARTIES
CONTRACTANTES prennent la Decision ci-apres concernant les points
d'ordre Juridique souleves par la declaration de la Delegation
de Cuba relative aux marges de preference negociees a Annecy
LES PARTIES CONTRACTANTES Gecident :
1. Qu'elles ne sont pas competantes pour determiner les droits
et les obligations des gouvernements aux termes d'un
accord bilateral: *
2. Que le reduction d'un droit applique a un produit repris
dans une des Listes de l'Accord general, par rapport au
taux qui y est fixe, ne necessite pas l'accord unanime des
PARTIES CONTRACTANTES, aux terme de l'Article XXX des
l'Accord;
3. Qu'une marge de preference afferente a une position reprise
dans une partie ou dans les deux parties d'une liste n'est pas
garantie contre une reduction par les dispositions de l'Accord
general.
Cette Decision n'exelut pas la possibility d'invoquer
les dispositions de l'Article XXIII de l'Accord.
* Il ressort clairerment du libelle de la presente Decisionqu'
elle ne s'applique qu'a la determination des droits et des obigations
des parties a l'accord bilateral qui decoulent do act accord;
les PARTIES CONTRACTANTES sont cependant competentes pour apprecier
si une masure prise aux termcs d'un accord bilateral de cette
nature est ou non compatible avec les dispositions de l'Accord
general. |
GATT Library | cx855jx4277 | Déclarations des Délégations du Danemark, de la Norvège et de la Suéde concernant l'éventualité de la constitution d'une Union Douanière | General Agreement on Tariffs and Trade, April 12, 1949 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, Contracting Parties, Négociations Tarifaires, and Tariff Negotiations | 12/04/1949 | official documents | GATT/CP/15, GATT/TN.1/9, and GATT/CP/15 GATT/TN.1/9 | https://exhibits.stanford.edu/gatt/catalog/cx855jx4277 | cx855jx4277_90070149.xml | GATT_142 | 206 | 1,538 | RESTRICTED
LIMITED B
GENERAL AGREEMENT ACCORD GENERAL SUR GATT/CP/15
ON TARIFFS AND LES TARIFS DOUANIERS 12 avril1949
TRADE ET LE COMMERCE FRENCH
OriginaL: ENGLISH
Parties contractantes
Negotiations tarifaires
DTclarations des DTlTgations du Danemark,
de la Norvège et de la SuTde concernant l'TventualitT
de la constitution d'une Union douanière.
Les DTlTgations du Danemark, de la Norvè?ge et de la Sèbde parti-
cipant aux Tngociations tarifaires d'Annec,y se conformant aux instruc-
tions de leurs Gouvernement,s ont 'lhonneur de faire connfatre aux
Parties Contractantesà l'Accord TgTnral sur lea tarifs douaniers et
le commerce, que leurs pays examinent actuellement la possibiliTt
dT?'tablir un tarff douanier scandinave coumon, afin de constituer une
Union douaènire scandinave qui pourraiTt ventluelement englober
Ilande.
A la suite de ces examens, il pourrait devenir nTcessaire à l'ave-
nir d'entreprendre, conformTment aux dispositions de l'Accord gTnTral
aur les tarifs douaniers et le commerce, des nTgociations en vue
d'apporter des amTnagements aux obligations que les pays indiquTs ci-
dessus pourraient accepter du fait des nTgociations tarifaires conduites
en application de I'Accord gTnTral sur les tarifs douaniers et le
commerce.
Le Gouvernenment du Danemark, le Gouvernement de la Norvège et le
Gouvernement de la Suède ont estimT qu'il convenait de porter ces
faits à la connaissance des Parties Contractantes. |
GATT Library | wy195kj1881 | Delegation of Cuba margins of preference negotiated in annecy : (4th Supplementary Statement) | General Agreement on Tariffs and Trade, August 18, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 18/08/1949 | official documents | GATT/CP.3/89 and GATT/CP.3/89 | https://exhibits.stanford.edu/gatt/catalog/wy195kj1881 | wy195kj1881_90320344.xml | GATT_142 | 149 | 1,125 | GENERAL AGREEMENT ACCORD GENERAL SUR RESTRICTED
ON TARIFFS AND LES TARIFS DOUANIERS GATT/CP.3/89
18 August 1949
TRADE ET LE COMMERCE ORIGINAL:
ENGLISH
CONTRACTING PARTIES
Third Session
DELEGATION OF CUBA
MARGINS OF PREFERENCE NEGOTIATED IN ANNECY
(4th Supplementary Statement)
This document, which was distributed to all
Delegations at the meeting of the CONTRACTING PARTIES on
8th August, 1949, and which is referred to in Summary
Record GATT/CP.3/SR.37, should bear the symbol of the
present document. A few extra copies of this Statement
are obtainable from the Secretariat.
PARTIES CONTRACTANTES
Troisieme Session
DELEGATION DE CUBA
MARGES DE PREFERENCE NEGOCIEES A ANNECY
(4eme Declaration Complementaire)
Ce document, distribute a toutes les Deleggations
lors de la seance des PARTIES CONTRACTANTES du 8 aout
1949, et qui est mentionne dans le Compto londu GATT/
CP.3/SR.37, doit porter le symbol du present dociment.
On peut obtenir quelques copies supplemontaires de cette
Declaration au Secretariat a |
GATT Library | nh738km8409 | Delegation of Cuba margins of preference negotiated in annecy : (4th Supplementary Statement) | August 8, 1949 | 08/08/1949 | official documents | GATT/CP.3/89 and GATT/CP.3/89 | https://exhibits.stanford.edu/gatt/catalog/nh738km8409 | nh738km8409_90320345.xml | GATT_142 | 9,899 | 60,556 | August 8 l49
DELEGATION OF CUBA
MARGINS OF PREFERENCE NEGOTIATED IN ANNEGY
(4th Supplementary Statement)
TO THE CONTRACTING PARTIES:
1) With full cognizance of the great difficulties which con-
front the C01qTRI.CTIG 2RTIIhS in their endeavor.to succeed in
this great experiment which is being attempted through the
maintenance of an international body to regulate and adjust
the problems of international trade; with the absolute oonvio-
tion that every one of the contracting parties, while having
to defend its own particular interest,. has, nevertheless, a
vital concern that international trade ba carried out in such
a manner es to promote the welfare of ths world Rs a whole;
snd with the full realization thnt these %ims cvn only be
E.chieved by the Fpplic>.tion of msesures of equity whenever
the cold application of E. technicslity produces en unjust
situ tion, the existence of which is duly recognized; we here-
by address the CONTRACTING ?ARTIES in en endeavor to reconcile
the difficulties which msy srise from the solution of the oase
presented for their study by the Cuban Delegetion.
2) In the Havrna Charter th3 parties hive pledgod themselves
to facilitate, through the promotion of mutual understanding,
consultation, and cooperation, the solution of problems relat-
ing to intornetion'l trade. Throughout tho Charter it is em-
phnsized that the elimination of world trade barriers has to
be mede on beses rociproo.lly and mutually advant.-goous to
the parties concerned, as it is stEtd in parrgrs.ph 4 of Arti-
cle 1 of the Cherter. Even w.rticle 17 which establishes
the procedure for th- reduction of tariffs and elimination of
prefcrenceas pjarr.grf.ph 2 (b) consacrFites the requirement that
the concessions gr! nted 'nd received in tho nogntiationa must -2-
balance because no member shell be required to grant them uni-
laterally.
3) As we have reiterated throughout the presentation of our
case to the CONTRACTING PARTIES, in the examination of a prob-
lem it is impossible to divert the cognizance of the facts
from an application of law, and, as in this case the discrep-
ancy arises from antagonistic points of view presented by the
Cuban and tne United States Delegations, we shall first relate
briefly the factual aspects of the case affecting the rela-
tions of these contracting parties within the GATT.
4) As the relsations of Cuba and the United States are not only
governed by the General Agreemnt but also by the Exclusive
Agreementm, which is a complementary disposition thereof, we
shall have to refer also to this Exclusive Agreement, not be-
cause it is subject to any decision of the CONTRACTING PARTIES,
but because it throws a clear light on the interpretation of
the General Agreemant by both parties which certainly should
be considered and analyzed by the CONTRACTING PARTIES in order
to reach a decision as to the obligations and rights derived
by each of the two parties from the said General agreement.
I
RIGHTS AND OBLIGATIONS OF CUBA AND THE UNITED STATES IN THE
LIGHT OF THE GENERAL AGREEMENT AS CLARIFIED BY THE EXCLUSIVE
AGREEMENT:
5) When in 1946 the Government of Cuba was invited by the
Government of the United States to attend the First Session
of the Preperetory Committee for the creation of ITO and re-
ceived the draft originally prepared by the United States
the Government of Cuba accepted that invitation with great
reluctance. In affect, the idea of changing Cubs's bilateral -3-
preferential relations with the United States, which our
country had enjoyed since the inception of the Republic of
Cuba, for a multilateral agreement, had to be carefully con-
sidered, as the proposed draft of the Charter showed a ten-
dency to eliminate preferential systems.
6) During the First Session of the Sreparatory Committee in
London, the Cuban Delegation was very careful to protect the
principle that prior international commitments could not be
changed except with the consent of the interested parties or
by their termination in accordance with their terms. This
principle was embodied in Article 24 of the London Draft and
later on in Article 17 of the Geneva Draft. Cuba, as well as
every other party to this Agreement, was led to negotiate at
Geneva in 1947 by the assurance that this world experiment
was started rith the specific objective to better and amelie-
rate the conditions of international trade, but only through
negotiations which had to be reciprocally and mutually advan-
tagsous to every one of the parties.
7) After joinirng the General Agreement on Tariffs and Trade,
in which Cuba was certain that its margins of preference were
securely bound, the United States and Cuba considered it ad-
visnble to subscribe to an Exclusive Agreement which would
cover certain points remaining outside of the multilateral
negotiations end which affected the trade of the two countries.
This agreement, therefore, came to supplement the negotiations
agreed to between Cub and the United States in the multi-
lateral stage. We are enclosing as Exhibit A a copy of the
said bilateral agreement between the two countries.
8) When this agreement is examined, the conclusion must be
reached that the Delegations of both countries et the time of
its signature undderstood that the provisions of the General -4-
Agreement on Tariffs and Trade fully guaranteed the stability
of the preferential concessions which had been incorporated
into Part II of Schedules IX and XX.
9) In the first place, sub-paragraph (a) of paragraph 2 of
the Exclusive Agreement reiterates the concept that the pro-
visions of Part II of Schadules IX and XX shall be exclusively
applied between Cuba and the United States, thus making clear
reference to the intention of maintaining a preferential situ-
ation with respect to the products enumerated in the said Part
II, for otherwise the exclusive application of those provi-
sions "cannot be conceived.
10). On the other hand, in sub-paragraphs (c) (i) and (a) (ii)
of paragraph II of the Exclusive Agreement, it is provided
that any product not included in the respective Schedules of
Cube and the United States annexed to the General Agreement,
but which was effectively imported into either country during
any one of the years 1937, 1939, 1944, and 1945, is entitled
to a margin of preference equal to that existing April 10,
1947, for th' t product. It should be pointed out here that
the Exclusive Agreement thus reiterated the existence of
margins of preference also with regard to articles not nego-
tiated in the multilateral Agreement with the sole proviso
that they had in fact, been imported into the respective
country during any one of the said yeers. Only products
which were not negotiated which were not imported pre-
viously into either country in any one of those yours were
therefore exclude_ from the preferential system. Thus, the
fundamental objective of this Exclusive Agreement, of cover-
ing the cases that had been emitted in the multilateral nego-
tiations, was accomplished. -5-
11) The two provisions of the Exclusive bilateral Agreement
between Cuba and the United States upon which we have com-
mented demonstrate without any doubt that the policy of the
United States at the moment of signing this agreement was
certainly not to deprive the preferential system of the guer-
.ntec of its stability. On the contrary, even in the case of
those products which, because of their relative unimportance.
were left out of the GATT negotiations, but which, neverthe-
less, were imported to soma extent into one or the other
country during certain years chosen as epresentative, the
perties took care to specify in the agreement that such prod-
ucts would continue to enjoyed margin of preference subject
to the provisions of Article 17 of the Havane Charter, that
is, among others, sub-paragraph (e) of paregraph 2 of this
Article which requires the consent of the parties concerned
in order to modify previous obligations. And if that was the
attitude of the Government of the United States with respect
to products of minor importance in the trade of the two coun-
tries, how can it be possible to think that that policy was
to be different in the caso of products which because of their
higher trade importance were included in the GATT negotiations.
12) Furthermore, the good faith of the Government of Cuba
with respect t the interpretation of the provisions of GATT
which it has presented to the CONTRACTING PARTIES is conclu-
sivoly demonstrated by the contants of paragraph I of the
Exclusive Agreement by which it was agreed to suspend the
application of the Reciprocal Trade Trety of 1903 and the
Reciprocal Trade Agreements of 1934, 1939, and 1941, between
Cuba and the United States, while the two countries should
continue to be contracting parties to the GATT.
13) It is impossible to conceive that Cubs would leave with- cut effect treaties protecting its preferences for the main-
tenance of which it had fought so tenaciously in the London
and New York sessions, were it not for the fact that during
the life of the agreement those prefererences were guaranteed
and consecrated by the Areement itself. It was only for
this reason that Cuba accepted the suspension of the effects
of the Reciprocal Trade Treaty and the Trade Agreements which
had guaranteed Cuban preferences up to the time of the entry
into force of the General Agreement. It was also noted by
Cuba that in accordance with the text of the Agreement, the
Schedules could not be changed except with the unanimous
consent of the pertias.
14) If there had been any doubts (but there ware none) in the
minds of the Cuban negotiators about the fact that the Cuben
preferences were, perfectly guarenteod during the term of the
General Agreement, they would have been dispelled by a letter
sent to Minister Clerk, Head of the Cuban Delegation, by the
Herid of the United States Delgation at Geneva and dated
October 27, 1947, that is, three days before the Gonerel
Agreement and the Exclusive Agreement were authenticated and
signed. We are enclosing a copy of the said letter es Ehibit
B to this statement. In paragraph 2 of the said letter, ex-
plaining why the formula of the key years was employed in the
Exclusive Agreement, the following wes expressed:
"If the key-year formula is dropped but the other language
of paragraph (c) is retained, this would continue presant
margins of preference (subject to the principles set forth in
Article 17 of the Draft Charter for en International Trade
Organization recommended by the Praperatory Committee of the
U.N. Conference on Trdae And Employment, as specified in para-
graph (c) of the Exclusive Agreement) on all items not now in
Pert I and Part II of the United States end Cuban Schadules.
This would even continue margins on products not produced in
Cuba at all, for example, watches. It would continue margins
on products of no importance whatever to Cuba. It would tie
Cuba's hands in the same way regarding products of no impor-
tance whatever to the United States. What we .ro trying to do
in this Agreement, is to continue margins on products in which
some Experience his shown th ot Cuba and the United States are actually interested. We would consider the inclusion of any
year which Cuba thinks more fully representative of its inter-
est. But some standard is essential. It is n't in the inter-
est either of the United States or of Cube to have their rela-
tionships so arranged that each has its hands tied with respect
to future negotiations by a technical contractual obligation
affecting products in which the other is not really interested,
On such items Cuba and the United States should be free to re-
duce or eliminate the preference, precisely because it is mean-
ingless."
15) Out of this whole paragraph we would emphasize the following:
"It is not in the interest either of the United States or of
Cuba to have their relationships so arranged that each has its
hends tied with respect to future negotiations by a technical
contractual obligation affecting products in which the other
is not really interested. On such items Cube and the United
States should be free to reduce or eliminate the preference,
precisely because it is meeningless."
16) What would these phrases, coming from the Head of the
United States Delgation, mean except that the hands of the two
countries were only free to eliminate tha preferences thet were
meaningless, that is, those that affected products that were
never Laportad into either country during the; key years, but
that tho preferentials on rather products coverd by the Goneral
agreement , or by the Exclusive Agreement, could not be freely
reduced or eliminoted by the parties because each of them "has
its hands tied wit- respect to future negotiations by a tech-
nical contractual obligation".
17) It was long after Geneva that the Government of Cuba heard
for the first time that he interpretation by certain experts
of the United Strtes Government was that the United States was
free to decrease or eliminate the Cuban margins of preference
unilaterally without the consent of Cuba. It that time Cube
made it formally known to the United States that it could not
accept and it did not share this interpretation.
18) The position of Cuba, acknowledged by its preceding,
coetaneous, and ulterior actions in respect to the Geneva
negotiations, is and always has been that the margins of pref- -8-
erence which were determined and maintained in the Geneva
negotiations of 1947, had, within the General Agreement, and
the Exclusive Agreement, an identical guarantee as that which
they enjoyed by virtue of the Reciprocal Trade Treaty and
Agreements which had been suspended.
19) On December 14, 1948, the Cuban Government requested from
the United Strtes to be made a party to the negotiations for
the reduction and elimination of preference which the United
States had announced that it intended tc undertake with certain
nations at Annecy. A copy of the Cuban note is enclosed as
Exhibit C of this statement. The object of this communication
sent by Cube was that the negotiations .on certain products on
which Cuba enjoyed preferential rates should be undertaken
under sub-paragraph (c) (iii) of paragraph 2 of Article 17 of
the Havana Charter, so that the reduction in both the most-
favored-nation rate and the preferential rate would be that
agreed to by the parties to the negotiation. It is to be
note that the procedure suggested by Prefessor de Vries at
the last meting of the CONTRACTING PARTIES on the subject had
already been followed by the Government of Cuba since December,
1948.
20) On January 13, 1949, the Governrent of the United States
answered the Cuban request stating that the United States did
not plan to undertake negotiations with Cuba or ay other.
contracting party and that negotiations were only to be under-
taken with the acceding governments, so that the request from
Cuba could not be granted. We enclose as Exhibit D of this
statement a copy of the said note.
21) We could not then envisage that the negotiations contem-
plated could effect us as we were denied any right to intervene
in them. It is not possible to admit that B party just by - 9 -
choosing unilaterally a certain procedure may deprive another
of its right to intervene in a negotiation affecting it.
22) Cuba has never varied from her criterion that the margins
of Cuban-American preferentials were bound and guaranteed in
the General Agreement, and in the Exclusive Agreement, of 1947
at Geneva. And this was confirmed to the United Stetes of
America in a long memorandum dated May 13, 1949, explaining
our points of view and also the legal reasons for which Cuba
understood that this elimination or reduction of preferences
could only be made with Cuba's consent obtained through nego-
tiations.
23) Not until the 27th of July, 1949, was this memorandum
answered by the United States, and this is the reason that
the Cuban case was not brought to the attention of the CON-
TRACTING PARTIES at an earlier date in this Session, as the
Cuban Delegation was always hopeful of reaching a satisftc-
tory solution by deaalins .r ';. with the United States
representatives.
II
CONCLUSION TO BE DERIVED FROM THE PREVIOUS FACTUAL STATEMENT:
24) Before we reach any conclusion regarding these factual
Statements, we want to emphasize that the exposition of these
facts has only one objective: to help the CONTRACTING PARTIES
reach a correct interpretation of the mututal contractual
rights and obligations of Cuba End the Unitad Stetes under
the General Agreement.
25) Thera is no country in the world which has a higher
respect for the United States than Cuba. Together we fought
to obtaion our independence; the economy of Cuba has been -10 -
developed through bilateral economic relations which have been
maintained with the United States since the inception of the
Cuban Republic for a half a century; the United States has
taken in its shoulders at this moment the Cyclopean task of
the reconstruction if the world devastated by the Second World
War; and finally, it has promoted the Hevana Charter and this
world experiment. It is, therefore, to them, among all the
contracting parties, to which we address this appeal with full
confidence in their sense of justice so that the principles of
equity so clearly and well expressed in the Havana Charter be
applied to our case.
26) The conclusion which, in our opinion, must be drawn from
the factual exposition made in pert I of this statement is the
one that we have already expressed, namely, that Cube end the
United States understood at the moment of signing the General
Agreement, and the Exclusive Agreement, that the preferences
which were negotiated at Geneva and the ones that were subject
to the Exclusive Agreement could not be changed without the
consent of both parties, that is, that the contractual guar-
antees which the preferences enjoyed under the previous Recip-
recal Trade Treaty and Agreements were maintained in the
General Agreenment and in the Exclusive Agreement. On this
assumption, it not being necessary then to Maintain in force
these previous international obligations such agreements were.
suspeied while both countries were a party to the Geneva
Agreements.
27) Furthermore, it is our contention that in order to inter-
pret an agreement, it is not only necessary to read every one
of tho anrAs which are written therein, but that it is also
necessary and fundamental to attend to the intentions of the
parties. Men its literal reading is not in accordance with -11-
their intentions, the reading of the agreement should be inter-
preted to concur with the intentions of the parties, and not
vice verse.
28) It has to be borne in mind also that the negotiations,
which were completed at Geneva by Cuba and the United States
both under the General Agreement and under the Exclusive Agree-
ment, were carried out in the light of the provisions of the
said General Agreement and of the principles and provisions
of the draft charter, and these principles, as we have stated
before, require that the negotiations have to be mutually and
reciprocally advantageous to the parties . Therefore, the
rights and obligations arising for both of then perties heave
to be construed in the light of these principles, which means
that an interpretation of the agreements which would be con-
trary to those basic principles cannot be considered correct.
We, therefore, conclude that the interpretation of the Agree-
ment must be one which maintains its mutually and reciprocally
advantageous basis from its inception and throughout the life
of the Agreement.
III
DAMAGE PRODUCED TO CUBA IF OUR INTERPRETATION OF THE AGREEMENT
IS NOT ACCEPTED:
29) It has been expressed by the Delegation of the United States
that Cuba is only relatively affected by the reduction or elimi-
nation of prefererences which they have carried out as a result of
their negotiations with other acceding countries here in Annecy;
that in the case of the sugar preference it moans very little
to Cuba because the important thing is the quote enjoyed by
Cube in the United States market and that the other preferences
reduced or eliminated are of secondary importance. First or
all, the value of a preference for which a country had paid -12 -
should be evaluated by it and not by any other country.
Secondly, the vrlue of the sugar preference always been
very highly estimated by Cuba, and the proof of it lies in
the fact that in order to maintain this preference, Cuba had
made important concessions to tha United States, not only in
the original Reciprocal Trade Treaty of 1902, but later In
the 1934, 1939, and 1941 Trade Agreements. It is said that
the quota is the important thing, not the preference, and
that the disappearance of the quota system should not be
envisaged. But the quota is something the existence of which
depends legally upon the will of the United States Congress
to maintain it, while preference is a contractual obliga-
tion of both countries which should not be broken without the
consent of both p-,rties. Even if we admit that the possi-
bility of removing the sugar quota by the United States is
remote, nevertheless, we have to notice that in the same
offer which w-s made to the Dominican Republic for the reduc-
tion of the most-favored-nation rate on sugar, a note was ap-
pended in which the possibility was envisaged that the quota
system in the United Ststes be substantially modified or
eliminated. Thirdly, as to the other preferences, they con-
stitute a protection which is needed by Cuba at this moment
when our country enjoys a high standard of living and pays
higher wages th.n other possible competitors, Some of those
preferences offer an opportunity for the industrialization
of Cuba. This could hardly be carried out or even contem-
plated if the existence of the preferences is left entirely
in the hands of the United States.
30) In the paper which was road by our Delegation et the
last meeting of the CONTRACTING PARTIES in which the case of
Cuba was debated, we pointed out as examples the cases of - 13 -
the preferences on rum and on pineapple. Even if the United
States would hove. an opinion that the preference on rum does
not mean much to Cuba, it is clear from the Geneva negotia-
tions that this opinion is not shared by the Cuban Delega-
tion, as the Cuban negotietors wer_ willing then to accept
a higher rate of duty in order to preserve the preference.
31) An analysis of this situation shows that the acceptance
of the United Statcs thesis would affect Cuba in three dif-
ferent ways: First, it will leave in the hands of the United
States the disposition of the Cuban preferences, making im-
possible any industrial development based on preferences
which may be eliminated at any moment without our consent.
Second, it leaves the value of the preference to be appraised
by the United States and not by Cuba, which is the interested
party. And third, Cuba will have no right to intervene in
the negotiations in which such elimination or reduction may
result as the United States maintains that only consultation
and not negotiation is proper in the circunstances. La to the
consultation, we have soon what it means, as, notwithstanding
the position taken by Cubs in opposing the reduction of the
most-favored-nation rates unless a corresponding reduction
was made in the preferential rate or unless negotiations were
undertaken to componsate to Cuba's satisfaction the reduction
or elimination of the preference, the Unital States had pro-
ceeded to effect the said reductions and eliminations without
the previous consent of Cuba.
32) Outside of the actual loss brought about by the reduction
or elimination of certain preferences, the acceptance of the
United Stcts thesis creates an undertainty in the maintenancs
or existence of the said preferences which, just by this fact,
reduces fundamentally the value of those preferences to Cuba. - 14 -
IV
PROPOSED SOLUTION TO THE CUBAN CASE WITHOUT AFFECTING THE LEGAL
STATUS OF OTHER CONTRACTING PARTIES:
33) We have been told that certain parties to the Agreement
object to.the Cuban interpretation on the basis that it would
disrupt their own economies which have been based on.a differ-
ent interpretation of the Areement. They would then find
themselves in the situation Cubn would have to face it their
interpretation should prevail.
34) It is also the understanding of certain contracting
parties that the Cuben interpretation would make impossible
the accession of new member countries and the completion of
future negotiations.
35) We admit that to give to the Agreement an interpretation
favorable to Cuba, but that would create serious difficulties
to other countries, is unacceptable because, though the case
of Cuba would be solved, a situation might be created by
which other contracting parties would find that their nego-
tiations which wer: mutually and reciprocally advantagecus
when they were undertaken under a specific interpretation of
the Agreement, have ceased to be so in the light of such a
new end different interpretation.
36) But we find it equally unacceptable to have an Inter-
pretntion of the Agreement which, while satisfactory to
other contracting parties, if imposed on Cube would unques-
tionably crate a situation in which the equilibrium of the
previous negotiations entered into by Cuba at Goneve would be
totally disrupted.
37) It has also been said that other countries which had - 15 - preference systems protected them through bilateral agree-
ments against any possible elimination by the operation of
the General Areement. It might also be contended that Cuba
by suspending the effects of its previous obligations pro-
tecting the said preferences could not be considered as be.
longing to this category.
38) This is inadmissible, for we have already proven that
we took that action only because at the time of signing the
Geneva agreements we had the clear understanding that it was
not necessary to protect the preferences during the life of
the Geneva agreements because they were duly protected by the
agreements themselves, and that it hes always been the inten-
tion of Cuba to maintain this protection. We also had every
reason in the world to believe that the United States shared
this same opinion as evidenced, among other things, in the
latter written by the Head of the American Delegation to the
Head of the Cuben Delegation a few days before the signing
of the Geneva agreements.
39) As we shall prove hereinafter, in order to permit the
modification of the Schedules by a decision other than by
unanimous consent, it is necessary to bypass a clear provi-
sion of the General Agreement. This means that in order to
admit the opposing thesis, it is indispensable to infringe
the clear and litoral content of one of the most important
Articles of the Agreement that which establishes the require-
ment of unanimous consent for the modification of certain
parts of the Agreement.
40) Nevertheless, in suspending the affect of its previous
international agreements Cuba felt that the requisite of the
unanimous consent for the modification of Schedules safe- at Geneva, and, therefore, an interpretation which would ig-
nore this requisite would be as detrimental to the equilib-
rium of the Cuban negotiations as the Cuban interpretation
seems to be for the equilibrium of the negotiations undertaken
by other contracting parties.
41) After this analysis, an equitable solution of the prob-
lem presents itself. Let the General Agreemont be given, by
unanimous consent, the interpretation which seems to be neces-
sary to maintain the equilibrium in the negotiations of other
contracting parties, and recognize that in their case Cube
end the United States cannot modify their respective margins
of preference without each other's previous consent. This
could be accomplished by a special resolution of the CONTRACT-
ING PARTIES resolving in equity, within the scope of the
General Agreement, the case which has been submitted to them.
Such a decision would be in force as long as both countries
remain a party to the Generel Agreement and while the prior
international obligations of Cuba and the United States are
not eliminated by mutual consent or are terminated in accord
ance with their own terms. -17-
V
PROCEDURE FOR THE SOLUTION OF THE CUBA-UNITED STATES CASE:
42) In order that the CONTRACTING PARTIES may reach a deci-
sion as to the merits of the request made by Cuba in paragraph
41 of this document, it is necessary to analyze and study in
all its aspects the rights and obligations of Cuba and the
United States under the General agreement, and this is a task
which could hardly be undertaken in a general meeting of the
CONTRACTING PARTIES.
43) We believe that Article XXIII of the Agreement gives to
the CONTRACTING PARTIES the right and the procedure to study
the matter in all its aspects end that to this end a working
party should be designated. But, at the same time, it is
essential that the working party shall be able to analyze all
the said aspects of the case without restriction,
44) Ls the solution of the particular difficulties between
Cuba and the United States is envisaged in the preceding
section of this document, it is not necessary for the work-
ing party to make a recommendation on the general interprete-
tion of the Agreement by the Cuban Delegetion, but certainly
Cuba's thesis cannot be barred from the general discussion in
the consideration of the specific case of Cuba end the United
States as it is one of the element which have a bearing on
the situation. Likewise, the consideration of the rights and
obligations of Cuba and the United States under the Exclusive
Agreement must be examined by the working party as they also
have a bearing on the rights and obligations of Cuba and the
United States under the General agreement. That is why we
werl unable to accept the constitution of A Working party with
restricted terms of refers which would prohibit the discus-
sion or analysis of arguments which we consider fundamental in the general consideration of the case, at least to the extent
that they affect the case under discussion.
45) Article XXIII of the General Agreenent considers the pos-
sibility that a measure, whether or not in conflict with the
proVisions of the Agreement, may nullify or impair the bene-
fits accruing directly or indirectly to another party under the
said Agreement, but in either case the CONTRACTING PARTIES
should investigate the matter, make appropriate recomenda-
tions, and, finally, if necessary give an appropriate ruling.
46) we propose that the only limitation which should be im-
posed upon the working party in the consideration of this
problem. is that the working party should not consider a n-
eral interpretation of the Agreement on the specific legal
point raised by Cube, as this may have a bearing on the legal
status of other members, but that the working party should
consider specifically the rights and obligations of Cuba and
the United States under the General Agreement in order to give
a specific solution to this case, allowing Cuba at themsame
time to present without any limitation such arguments as it
may consider appropriate.
47) We suggest, therefore, that the terms of reference of
the working party should be:
"to study, without prejudice to the general legal
issues raised by Cuba, the action taken by the
Unit ed States in its negotiations with acceding
countries at Annecy, in the light of Article XXIII
in orde. to reach a decision as to whether such
action is justified in the present circumstances,
due consideration being given to the respective
rights and obligations of Cuba end the United
States and to the principles of economic coopera-
tion and of mutal and reciprocal advantages in
the negotiations which are the basis of GATT; and
to make appropriate recommendations in accordance
with its findings."
-18- VI
LEGAL ASPECTS OF THE CASE:
48) In the preceding chapter the Delegation of Cuba has made
en effort to present to the CONTRACTING PARTIES a solution to
dur problem which is characterized by its flexibility and
equitable spirit. But if this tentative solution is not aa-
oeptable to the CONTRACTING PARTIES, the Delegation of Cuba,
very much to its regret, would find itself in the necessity
of insisting on its legal thesis. We will present it in the
following parEraphs not as a were repetition of what has al-
ready been said in nur other statements, rather making an ef-
fort to refute the main arguments which have been presented
against our interpretation of the agreement.
49) During the negotiations affected at Geneva in 1947 the
United States agreed to grant to Cuba, in exchange for other
concessions, a series of preferential rates which were speci-
fied in Part II (preferential tariff) of Schedule XX annexed
to the Agreement. The rates of duty which were granted to
Cuban products included in Part II of the said list were not,
therefore, of an ordinary kind, but preferential rates of duty
which, as their name indicates, can only be enjoyed in an
exclusive manner by rir country.
50) The circumstances that the duties specified in Pert II
of Schedule XX should be applied exclusively to the products
of Cuba eliminates any doubt with respect to the fact that
said exclusive rates of duty imply the existence of a pref-
erential margin, for otherwise it w-iuld not be possible. to
conceive the idea of exclusiveness in the enjoyment of a
customs tariff rate. This reasoning demonstrates the false-
noes of the premise asserted that the concessions specified -20-
in Pert II of any Schedule are merely a rate of duty and not
a margin of preference.
51) Traditionally, whenever reference has been made to the
concession of a preferential rate, the ides of a margin of
preference has been considered implicit. Outside of these
reasons, however, the provisions of the Agreement confirm the
thesis which we maintain.
52) It is precisely in view of this fact that paragraph 3 of
Article I was drawn, establishing the limits to mergins of
preference allowed within the framework of the Agreement.
And it is for this reason also that, in an express manner,
paragraph (c) of Article II declares that the products de-
scribed in Part II of any Schedule are entitled to preferen-
tial treatment, the concept implied not a narrow and empty
concept of the rate of duty. but the ides that can be ex-
pressed from a situation of preference, that is the margin
of preference.
53) Preferential rates negotiated between Cuba and the
United States in 1947 with the margin of preference implied
are not preferential duties rely tolerated by the General
Agreement. These preferential rates have bean included in
Part II of Schedules IX and XX annexed to the Agreement, and
for this reason, by virtue of the provisions of paragraph 7
of Article II, they forman an integral part of Part I of the
said instrument. And this is the fect that makes it neces-
sary to apply to those preferential concessions the general
Provisions of the Agreement relating to the maintenance and
protection of the concessions exchanged between the contrect-
ing parties in Geneva in 1947, because they are not prefer-
ences established outside the orbit of this Areement, and
consequently preferences which are rarely tolerated, but rights which have been inserted in the framework-of the Agree-
meant.
54) In that case the provisions applicable to the preferential
concessions enjoyed by Cuba in the United States market are
those presented in the following paragraphs.
55) Article XXVIII of the General Agreement provides that the
CONTRACTING PARTIES cannot modify or cease to apply the treat-
ment granted by them to the products described in the corre-
sponding Schedules until January 1, 1951. It is clear that
before that date, changes could only be made in the Schedules
through the exceptional procedures provided in certain Arti-
cles of the Agreement.
56) Article XXX establishes in an express manner the require-
mont of the consent of all the contracting parties whenever it
is desired to introduce any modification to Pert I of the Agree-
ment. This is also applicable to preferentials, And, since
the reduction or elimination of some of the Cuban preferential
is carried out through the modification of the rates of duty
applicable to the most-favored-nation in Schedule XX, it is
unquestionable that it is not possible to make those changes
without the unanimous consent of all the contracting parties,
and, therefore, of Cuba.
57) Article 17 of the Havana Charter, incorporated into the
rules of procedure regulating the tariff negotiations now be-
ing carried on at Annecy (GATT /CP2/26), also protects and
guarantees the stability of tha preferentials enjoyed by Cuba
in the United States market.
58) The Delegation of Cuba considers that in the preceding
paragraphs it has been sufficiently demonstrated that obli.
gations existing between Cuba end the United States, entered into under the provisions of the General Agreement, guarantee
the permanence of the preferential concessions in force between
the two countries until January 1, 1951. Therefore, those
previous obligations, when they are in conflict with the re-
sults of the negotiations that are being carried on at Annecy,
as i: the case in the Haiti negotiations, cannot be modified
without the consent or the Government of Cuba, or in the ab-
sence of such consent, without the termination of those previ-
ous obligations in accordance with their terms, pursuant to
the provisions of sub-paragraph (e) of paragraph II of Arti-
cle 17 of the Havana Charter.
59) The Delogation of Cuba rejects as inconsistent' the argu-
ment that with respect to the tariff rates set forth in the
Schedules the only undertaking in which the CONTRACTING PARTIES
have entered is not to increase them, by virtue of the pro-
visions of Article II of the General Agreement, It has been
asserted before, tnd it is reiterated now, that this Article
cannot be considered in an isolated way, but in relation to
Article XXX which establishes in e General manner the rule of
unanimity for modifications of any kind that may be intro-
duced into the Schedules, without making any distinction be-
tween modifications that result in an increase and those that
result in a decrease in rates therein set forth.
60) The Delegation of Cubs rejects as well the contention
that the preferential rates may be eliminated at any moment
because the objectives of the Agreement tend to the complete
elimination of margins of preference. It is impossible to
t-dmit this because the General agreement sets a date (Janu-
ary 1, 1951) before which no modifications of the concessions
negotiated in 1947, among then preferential concessions, may
be made, except in special circumstances or with the consent -23-
61) On the other hand, the Delegation of Cuba considers that
it is an unsound tendency, from the economic point of view
and within the objectives of cooperation of the General Agree-
ment, to pretend that preferential systems can be eliminated
at any momaent in a unilateral manner without the least attui-
tion for the situation of the countries that suffer the con-
sequences of such severe measures. The economic philosophy
of the Agreement, while expressing the desirability of redue-
ing insofar as possible the existence of preferential systems,
accepts such systems in cases where practical realities demand
it. Furthermore, Article 15 of the Cherter sets forth a pro-
cedure for the establishment oI new preferentials because it
is admitted that under certain circumstances a system of pref-
erences may be necessary to stimulate the development or recon-
struction of a country. This was the criterion maintained by
the Delegation of the United States when, during the Second
Session of CONTRACTING PARTIES, held at Geneva in 1948, it
requested and obtained authority for the establishment of a
new system of preferences for the benefit of certain islands
of the Pacific.
VII
AUTHORITY OF THE CONTRACTING PARTIES TO TAKE A DECISION IN
THIS MATTER:
624 Article XXX of the Agreement dealing with amendments
states that "amendments to the provisions of Part I of this
Agreement shall become effective upon acceptance by all the
contracting parties". Paragraph 7 of Article II states:
"The Schodules annexed to this agreement are hereby made an
integral part of Part I of this Agreement.' Our contention
that in accordance with these to Articles the Schedules
annexed to the Agreement cannot be changed without the con- sent of all the parties concerned is not a matter of opinion
or interpretation. It is something that is written clearly
and it can only be read in the sense in which it is stated.
63) On the other hand, the text of Lrticle XXX is of great
amplitude, and it refers in general to amendments to Part I
of the Agreement without in any way limiting the concept of
those amendments and without raking any distinction which
would make permissible amendments resulting An a decrease
In the rates of duties set forth in the Schedules. This view
which we are explaining is not founded on speculative inter-
pretation either, but on the explicit text of Article XXX.
Accordingly, any intent to limit the concept of the amend-
ments or which Article XXX speaks in relation to Part I of
the Agreement would mean a modification of the text of this
Article, a modification which cannot be made without the unan-
imcus consent of all the contracting parties, since this is
the requirement which is established in that very Article for
amending its text.
64) In accordance with the very peculiar drafting of the
General Agreement, the CONTRACTING PARTIES when acting jointly
are designated in the Agreement with capital letters, and when
they are to be considered individually, they are designated
with small letters. Article XXV of the Agreement established
the procedure for the joint action of the CONTRACTING PARTIES.
and it states that its decisions are to be taken by a majority
of the votes cast, except when otherwise provided for in the
Agreement. The Agreement also provides for action to be
taken by the CONTRACTING PARTIES by a two-thirds majority,
and by unanimity, this latter being the vote required in oases
or amendments to Part I of the Agreement and to the text of
Article XXX. It is clear, therefore, that the legal question
submitted by Cuba for the consideration of the CONTRACTING -25-
PARTIES cannot be settled by a simple majority vote nor by a
two-thirds majority.
65) If the CONTRACTING PARTIES have no authority to modify
the parts of the Agreement hereinbefore mentioned without
unanimous consent, it is evident that they have no authority
to pass a resolution by which the said requisites be modified
or bypassed without the consent of Cuba. That is to say that
only a resolution receiving the unanimous consent of every
one of the contracting parties casn affect or modify the parts
of the Agreement which the CONTRACTING PARTIES cannot modify
except by unanimous consent.
66) On the basis of the preceding reasons, the Delegation of
Cuba regrets to be compelled to raise a question of competence,
for it considers that the CONTRACTING PARTIES are not empowered
to make a decision settling the legal problem presented and
that only the intervention of a neutral body with international
authority to hear juridical problems arising between states
could offer the possibility of a satisfactory solution,
VIII
APPEAL TO AN INTERNATIONAL JUDICIAL COURT:
67) Taking into consideration the technical legal points in-
volved in the Cuban claim, its far-reaching consequences, and
the leck of authority of the CONTRACTING PARTIES to solve this
problem, the Delegation of Cuba proposes that, unless the CON-
TRACTING PARTIES can find a solution in equity to be agreed to
by all parties concerned, as envisaged in paragraph 6 of irti-
cle 1 of the Havane Charter, the merits of the legal case pre-
sented by Cuba be submitted to the consideration and final de-
cision of an international judicial court, and to this effect
Cuba submits itself to the decision of the said court. The -26-
Delegation of Cuba wishes to make it clear that it accepts
this procedure provided that the application of the negotia-
tions effected at Annecy affecting margins of preference en-
joyed by Cuba in the United States market is suspended until
a decision is reached by an international court of justice
on this matter.
IX
CONCLUSION:
68) In accordance with what has been expressed in this memo-
randum:
a) The Delegation of Cube requests the appointment of a
working party in order to proceed to the study of the proposal
expressed in paragraph 41 of this memorandum, and with the
following terms of reference:
"to study, without prejudice to the general legal
issues raised by Cuba, the action taken by the
United States in its negotiations with acceding
countries at Annecy, in the light of Article XXIII
in order to reach a decision as to whether such
action is justified in the present circumstances,
due consideration being given to the respective
rights and obligations of Cuba and the United
States and to the principles of economic coopera-
tion and of mutual and rect procal advantages in
the negotiations which are the basis of GATT; and
to make appropriate recommendations in accordance
with its findings."
b) In case the foregoing petition is not approved, tak-
ing into consideration the reasons expressed in sections IV
and VII of this document, the Cuban Delegation proposes that
the CONTRACTING PARTIES submit the legal aspects of the case
presented by Cuba to an international court for its decision,
taking all the necessary steps to this and.
c) In case that the foregoing petition is not granted,
the Delegation of Cuba proposes that in accordance with the
legal arguments presented by Cube to the CONTRACTING PARTIES
and those contained in this memorandum, the CONTRACTING PARTIES -27-
cannot be affected or modified without the unanimous consent,
explicit or implied, of the contracting parties and that the
concessions obtained by any one of the contracting parties in
the previous negotiations, among which preferentials are in-
cluded, cannot be affected without the consent of the parties
concerned. EXCLUSIVE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA
AND THE REPUBLIC OF CUBA SUPPLEMENTARY TO THE GENERAL
AGREEMENT ON TARIFFS AND TRADE
The Governments of the United States of America and the
Republic of Cuba,
Having participated in the framing of a Genaral Agreement
on Tariffs and Trade, hereinafter referred to as the General
Agreement, and a Protocol of Provisional Application, the texts
of which have been authenticated by the Final Act adopted at
the conclusion of the Socond Session of the Preparatory Commit-
tee of the United Nations Conference on Trade and Employment,
signed this day,
Hereby agree as follows:
1. The Convention of Commercial Reciprocity between the
United States of America and the Republic of Cuba signed Decem-
ber 11, 1902, and the Reciprocal Trade Agreement between the
United States of America and the Republic of Cuba signed August
24, 1934, with its accompanying exchange of notes, as amended
by the supplementary trade agreement signed December 18, 1939,
with its accompanying protocol and exchange of notes, and by
the supplementary trade agreement signed December 23, 1941,
with its accompanying exchange of notes, shall be inoperative
for such time as the United States of America and the Republic
of Cube are both contrstracting parties to the General Agreement
fs defined in Article XXXII thereof.
2. For such time as the United States of America and the
Republic of Cuba are both contracting parties to the General
Agreement, the products of either country imported into the
other shall be accorded customs treatment as follows:
(a) The provisions of Part II of Schedule IX of the
General Agreement shall apply exclusively to products of the
United States of America, and the provisions of Part II of
Schedule XX of the General Agreement shall apply exclusively
to products of the R public of Cube.
(b) Products of the United States of Amrica de-
scribed in Part I, but n-t in Part II, of Schedule IX of the
General Agreement, imported into the Republic of Cubs, and
products of the Republic of Cuba described in Part I, but not
in Pert II, of Schedule XX of the General Agreement, imported
into the United States of America, shall be subject to the
customs treatment provided for in Part I of the applicable
Schedule .
(c) Subject to the principles set forth in Article
17 of the Draft Charter for an International Trade Organiza-
tion recommended by the Preparatory Committee of the United
Nations Conference on Trade and Employment---
(i) any product of the United States of
America not described. in either Part of Schedule IX of the
General Agrcsmant which would have been subject to ordinary
customs duty if imported into the Republic of Cuba on April
10, 1947, any temporary or conditional exemption from duty
to be disregarded, and which is of a kind which the Govern-
ment of Cubs shall determine to have been imported into its
territory as a product of the United States of America in
arly quantity during any of tha celander years 1937, 1939,
1944, and 1945, shall be entitled upon importation into the EXHIBIT A (CONT.):
-2-
Republic of Cuba to a margin of preference in the applicable
rate of duty equal to the absolute difference between the
iiost-favored-nation rate for the like product existing on
April 10, 1947, including any such rate temporarily suspended,
and the preferential rate likewise existing on that date in
respect of such product of the United States of America, and
(ii) any product of the Republic of Cuba not
described in either Part of Schedule XX of the General Agree-
mant, which would have been subject to ordinary customs duty
if imported into the United States of America on April 10,
1947, any temporary or conditional exemption from duty to be
disregarded, and which is of a kind which the Government of
the United States of America shall determine to have been im-
ported into its territory as a product of Cuba in any quantity
during any of the calendar years 1937, 1939, 1944, and 1945,
shall be entitled upon importation into the United States of
America to a margin of preferencee in ths applicable rate of
duty equal to the absolute difference between the most-fovored-
nation rate for the like product existing on April 10, 1947,
including any such rate temporarily suspended, and the prefer-
ential rate likewise existing on that date in respect of such
product of tho Reublic of Cuba.
(d) Any product of the United States of America or
of the Republic of Cuba for which customs treatment is not
prescribed '.bove shall be dutiable, when imported into the
other country, at the most-favored-nation rate of duty of the
importing country for the like product,
(e) Nothing in this Agreement shall require the
application to any product of the Ropublic of Cuba imported
Into the United States of America or a rata of ordinary cus-
toms duty higher than ona and one-half times the rate exist-
ing in respect of such product on January 1, 1945, any tempo-
rary or conditional exemption from duty to bo disregarded*
3. The term "most-favored-nation rate" in this Exclu-
sive Supplementary Agreement means the maximum rate which may
be, or could heve been, applied consistently with the prin-
ciples set forth in Articl3 I of the General Agreement to a
product of a country which is a contracting party to that
Agreement.
IN WITNESS WHEREOF the representatives of the Governments
of the United States of America and the Republic of Cuba, after
having exchanged their full powers, found to be in good and due
form, have signed this Exclusive Supplementary Agreement,
DONE in duplicate, in the English and Spanish languages,
both texts authentic, at Geneva, this thirtieth day of October,
one thousand nine hundred and forty-saven.
For the Government of the United States of America:
WINTHROP G. BROWN
For the Government of the Republic of Cuba:
S. I. CLARK EXIBIT B: C O P Y
U.S. DELEGATION
Second Session of the Preparatory
Committee of the U.N.Conference on
Trade and Employment ........ Geneva
October 279 1949
MEMORANDUM TO Minister Clark, Head of Cuban Delegation
FROM: Winthrop G. Brown
SUBJECT: Exclusive Agreenment
The object of the key-year formula in the Exclusive Agree-
ment as now written is to continue present margins of preference
on products of Cuba and of the United States not included in
Part I or Part II of the United States and Cuban Schodulas, but
in which Cuba and the United States have an actual interest.
We desire (and we are sure that Cuba would feel the same) to
identify these products and to make it clear in the proclamation
of our President establishing new rates, what these products
are, so that they may be assured if the preferential rate. If
we do not make this clear, questions are sure to arise on both
sides, and much trouble will be caused to our respective customs
authorities. To identify the Cuban products entitled to this
preference, it is necessary to examine in detail several thou-
sand statistical classifications, and for practical purposes,
we have suggested that such examination be limited to a few
representative years; hence only 1939 and 1944 were specified.
However, there is no objection to adding another year or to
using other years.
If the key-year formula is droppe but the other language
of paragraph (c) is retained, this would continue present
margins of preference (subject to the principles set forth in
Article 17 of the Draft Charter for an International Trade
Organization recommended by the Preparatory Committee of the
U.N.-Conference on Trade and Employment, as specified in paras
graph (c) of the Exclusive Agreement) on all items not now in
Pert I and Part II of the Unitad States and Cuban Schedules.
This would even continue margins on products not produced in
Cuba at all, for example, watches. It would continue margins
on products of no importance whatever to Cuba. It would tie
Cuba's hands in the same way regarding products of no impor-
tance whatever to the United States. What we are trying to do
in this agreement, is to continue margins on products in which
some experience has shown that Cuba and the United States are
actually interested. We would consider the Inclusion of any
year which Cuba thinks more fully representative of its inter-
est. But some standard is essential. It is not in the inter-
est either of the United States or of Cube to have their rela-
tionships so arrnged that each has its hands tied with respect
to future negotiations by a technical contractual obligation
affecting products in which the other is not really interested.
On such items Cuba end the United States should be free to re-
duoe or eliminate the preference, precisely besuse it is
meaningless.
The proposed naw section is superfluous as fer as duty
rates themselves are converned, because there is nothing in
the General Agreement to prevent Cuba or the United States
from lowering nr raising the duty on any product not in Part
I or Part II of Schodules IX and ZI. If this section is to
be inserted in place if paragraph (c), there would be no con- EXHIBIT B (CONT.) : C O P Y
tinuation of preferences on any Cuban products not in Part
II of Schedule XX and on any United States product not in
Part II of Schedule IX. We would be disposed to agree to
this. but we do not believe Cubs desires such a result.
/8/ Winthrop G. Brown TRANSLATION
EXHIBIT C:
Cuban Embassy 505
Washington 9, D.C. December 14, 1940
Excellency:
I have the honor of addressing myself to Your Excellency
with reference to the public notice dated November 5, 1948,
issued by the Department of State setting forth the lists of
tariff items on which the United States is prepared to con-
sider concessions at the coming negotiations agreed to by the
CONTRACTING PARTIES to the General Agreemnt on Tariffs and
Trade for the accession of new countries to the Agreement,
and among which are included Items 501 and 502 relative to
sugars and molasses.
Your Excellency will not fail to understand the deep
preoccupation of the Government and the people of Cuba in
the maintenance of the status of Cuban sugar in that market
in relation to other countries, due account being taken of
the existing situation and of the equilibrium between the
concession granted to Cuba by the United States on this basic
item of its economy and the numerous preferential concessions
made by Cuba in its turn to the United States.
In view of these considerations and of the provisions of
Article XXIX of the General Agreement on Tariffs and Trade and
of Article 17 of the Draft Charter for an International Trade
Organization, my Government takes this opportunity to express
its wish to participate, as an interested party, in the negoti-
ations which are to be held by the United States and Peru and
the Dominican Republic in regard to Items 501 and 502.
Accept, Excellency, the assurances of my highest considera-
tion.
/8/ G. Belt
Ambassador
To His Excellency, Robert A. Lovett
Acting Secrertary of State
Washington, D.C. EXHIBIT D: C O P Y
DEPARTMENT OF STATE
WASHINGTON
January 13, 1949
Excellency:
I have the honor to acknowledge the receipt of your
note of December 14, 1948 which refers to the interest of
the Government and people of Cuba in maintaining the tariff
preference which Cuba now enjoys on imports into the United
States of sugar and molasses and which expresses the wish
of the Cuban Government to participate as an inter sted
party in the negotiations which will be held by the United
States with Peru and the Dominican Republic with respect
to these products next April.
As Your Excellency is aware, the negotiations which
are to take place beginning next April at Annecy will be
held principally between thirteen new countries and the
existing Contracting Parties to the General Agreement on
Tariffs and Trade, which Include Cuba and the United States.
The United States therefore does not plan to undertake
negotiations with Cubs or any of the other Contracting
Parties in the sense that negotiations are being under-
taken with the thirteen countries, including Peru and the
Dominican Republic. However, in the event that consider-
ation is given by the United States to a reduction in the
most-favored-nation rate of duty on sugar or molasses, the
United States Delegation will be glad, during the course
of these negotiations, to give consideration to the infor-
mation contained in Your Excellency's note. Furthermore,
should ths Cuban Delegation at the conference wish to con-
sult with regard to this subject, the United States Dele-
gation would be glad to discuss the matter at any time
during the course of the negotiations.
Accept, Excellency, the ranewed assurances of my
highest consideration.
For the Secre tary of State:
(f) Willard L. Thorp
His Excellency
Senor Guillermo Belt,
Ambassador of Cuba. |
|
GATT Library | yx039mn4184 | Demande de dispense introduite par Ceylan en vertu du paragraphe 5 de l'article XVIII | General Agreement on Tariffs and Trade, August 4, 1949 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 04/08/1949 | official documents | GATT/CP.3/65 and GATT/CP.3/65 | https://exhibits.stanford.edu/gatt/catalog/yx039mn4184 | yx039mn4184_90320289.xml | GATT_142 | 309 | 2,285 | RESTRICTED
GENERAL AGREEMENT ACCCORD GENERAL SUR LIMITED B
GATT /CP.3 /65
ON TARIFFS AND LES TARIFS DOUANIERS 4 August 1949
TRADE ET LE COMMERCE FRENCH
ORIGINAL,! ENGLISH
PARTIES CONTRACTANTES
Troisieme session
Demande de dispense introduite par Ceylan
en vertu du paragraphe 5 de l'article XVIII.
Le Groupe de Travt' 2 aetudie le document GATT/CP.3/20/Add.1
par sequel la delegation de Ceylan informait, le ler aout 1949, le
President des PARTIES CONTRACTANTES, qu'a) la suite de l'achevement de
ses nouvalles negociations, les positions suivanteo demeureront dans
la liste de Ceylan :
Caisses en 'ois contreplaqu6 destinees
A llemballage du th6 et d'autres
produits cingalais Ex.III U 492
Verrerie Ex.III P. 235
CUramique 8x.III B 231
Articles en cuir It Q 430
Tissus de coton Ex.III I 339
Dans ce document, la d6l6gation de Ceylan a modifi6 les termes
de sa requ8te primitive relative 'a ces positions et a demand que
cette requ~te soit exandn6e en vertu du paragraph 5 de l'arti-
cle XVIII,
Aprbs consultation avec le Pr6sident des PARTIES CONTRACTANTES,
le Groupe de Travail, afin dtaccel6rer-les travaux de la pr6nente
session, precede donc , l'examen de la requ~te en vertu des
dispositions du paragraph 5 de l1article XVIIt.
Le sous-alinea 3 (b) vise au paragraph 5 dispose que les
PARTIES CQNTRACTANTES determineront la ou les partieB contractantes
que la mesure projetee affecterait de fagon appreciable et provoque-
ront des n6gociations entre elles et la partie contractante
requdrante.
Toute partie contractante qui estime Otre affected de faqon
appreciable par une position quelconque devra en informer le Pr6sident
des PARTIES CONTRMOTANTES le 8 aoft 1949 au plus tard, afin qu'une
recommandation puisse ftre imm6diatement fonmulee au sujet des parties
contractantes avec lesquelles il y aurait lieu de proc6der aux ndgo-
ciations vis6ees au sous-alin6a 3 (b) de l'article XVIII, au -as ot1
les measures seraient jugees conformes aux dispositions de ce
sous-alainda |
GATT Library | qv651dp0953 | Demande de la Delegation de Cuba Conceyant des Modificatims a Apporter a Certaines Positions du Tarif | General Agreement on Tariffs and Trade, June 17, 1949 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 17/06/1949 | official documents | GATT/CP.3/45 and GATT/CP.3/45 | https://exhibits.stanford.edu/gatt/catalog/qv651dp0953 | qv651dp0953_90320218.xml | GATT_142 | 161 | 1,165 | RESTRICTED
LIMITED B
GENERAL AGREEMENT ACCORD GENERAL SUR
GATT/CP.3/45
ON TARIFFS AND LES TARIFS DOUANIEKS 17 June 1949
TRADE ET LE COMMERCE FRECH
--____________________________________________________________ ORIGINAL : ENGLISH
Parties contractantes
Troisieme session
DEMANDE DE LA DELEGATION DE CUBA CONCEYANT
DES MODIFICATIMS A APPORTER A CERTAINES POSITIONS DU
TARIF
La lettre suiaunte du 17 juin a ete reque du chef de la
delegation de Cuba :
"La del'egation de Cuba desire demander aux Parties contrac--
tantes de l'autoriser, a propos du point 20 "Questions diverses"
de l'ordre du jour, A entrer en negociations avec les Etats-Unis et
le Canada, afin d'apporter certaines modifications aux positions
du tarif 26rx-B, 26r-C et 260-D dons les parties I ot II de la
Liste IX (Cuba) anrqexee a l'Accord general.
Les positions mentionnees ci-dessus ont ete primitivement
negociees avec les delegations des Etats-Unis et di Canada a
Geneve, en 1947 et concernent les pommes de terre de table im-
portees a Cuba pendant divers mois de l'annee". |
GATT Library | mw022qm6124 | Demande presente per le Gouvernement du Pakistan a l'effet d'obtenir une decision des Parties Contrac- tantes en execution de l 'Article XXIII | Accord General sur les Tarifs Douaniers et le Commerce, February 21, 1949 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 21/02/1949 | official documents | GATT/CP.3/6 and GATT/CP.3/6 | https://exhibits.stanford.edu/gatt/catalog/mw022qm6124 | mw022qm6124_90320104.xml | GATT_142 | 1,669 | 10,539 | RISTRICTED
LIMITED B
GATT/CP.3/ 6
21 February 1949
Original:ENGLISH
ACCORD GENERAL SUR LES TARIFS DOUANIERS
ET LE COMMERCE
Parties Contractantes
Troisieme session
Demande presente per le Gouvernement du
Pakistan a l'effet d'obtenir une decision des Parties Contrac-
tantes en execution de
l 'Article XXIII
Dens sa lettre en date du 12 fevrier 1949, le Gouver-
nement du Pakistan a demande qu'a lordre du jour de la troi-
sieme session des Parties Contractantes soit inscrite la ques-
tion du traitement discriminatoira exerce par le Gouvarnement
de l'Inde a propos de la diminution des droits d'accise
imposes a certains produits exportes da l'Inde.
Voici le texte de cette lettre :
"Objet Refus du Gouvernement de l'Inde d'accorder
au Pakistan le traitement da la nation la
plus favorisee.
"J'ai l'honneur de me referer a la decision prise
par le President des PARTIES CONTRACTAINTES et reproduite
dans le document GATT/CP.2/SR.ll, en date du 24 aout 1948,
relative a l'interpretation de la clause de la nation la
plus favorisee que demandait la delegation du Pakistan
(Article I, paragraphe 1 de l'Accord general sur les tariffs
dousniars et le commerce). Apres avoir rendu cette decision,
le President a exprime l'espoir que les represantents des
deux pays interesses discutereient entre eux da la question
et parviendreiant a un accord.
"2. Au cours de la session, la delegation du Pakistan
a fait savoir a son Gouvernement qu etant .donne la decision
mentionnee ci-dessus il semblait possible d'aborder a nouveau
la question par voie de communication ecrite adressee au
Gouvernement de l'Inde pour attirer l'attention-de celui-ci
sur le traitement discriminatoire dont le Pakistan etait
l'objet. En consequence, le Gouvernemrent du Pakistan s'est
adresse le 10 septembre 1948 au Gouvernement de l'Inde et
lui a demand d'autoriser une diminution des droits d'accisa
perqus a l'exportation des ciarchendises qui beneficient
de la meme diminution lorsqu'elles sont exportees vers
d'autres pays. Le Gouvernement de l'Inde a etudie cette
demande et a ulterieurement repondu que, puisqua la dele-
gation de l'Inde avait reserve sa position lors de la
deuxibme session des PARTIES CONTRACTANTES a Geneve, et
s'etait declaree incapable d'ensager le Gouvernemant de lInde
a propos de l'interpretation donnea per le President, ledit GATT/CP.3/ 6
Page 2
Gouvernement de l'Inde netait pas en mesure de faire droit
a la demande presentee par le Pakistan a l'effet d'obtenir
une diminution analogue a celle qui etait accordee a d'autres
pays. On trouvera en annexe le texte complet et de la lettre
du Gouvernement de l'Inde.
"3. Sans se laisser arreter par le refus categorique
qui lui etait ainsi opprnse par le Gouvernement de l'Inde, le
Gouvernement du Pakistan a poursuivi ses efforts en vue de
persuader le Gouvernement de lInde de se ranger a la decision
du Pr6sident et a repris la question lors de la Conference
des Dominions qui s'est tenue a Delhi en decembre 1948. De
nouveau, le Gouvernement de l'Inde refuse d'accorder au Pa-
kistan le droit d'obtenir une dminution du droit d'aocise.
Les extraits pertinents du compte rendu analytique de la
declaration faite par le chef de la delegation do l'Inde a
la Conferance de Delhi, qui ont ete commauniques a la dele-
gation du Pakistan a le demande de son chef, sont reproduits
ci-apres :
'L'Honorable M.
N. Gopolaswami Ayyangar : 'Je voudrais d'abord declarer
qu'au cburs de ces deriars jours j'ei essaye d'etudier
tres a fond cette question; la premiers conclusion
de cette etude est que la soi-disent decision rendue
a Geneve ne saura`etre deflendue devant auoun tribunal
impartial. J'estime, et avec raison te le crois, que
si l ' on se founde sur l'Accord general conclu en matiere
de commerce et de tarifs douaniers et sur les disposi-
tions qui y figurant, l'interpretation donnee par le
President ne pouvait se justifier qu'a rasion des
mots qu'il a interpoles dans l'Article I, article qu'i.
etait oharge d'interpreter.'
"4. Aucune autre occassion ne se presenta de reprendre
cette question eu cours de le Conference des Dominions prevua
pour le mois de janvier 1949 a Karachi, et avant de soumettra
le cas aux PARTIES CONTRACTANTES, le chef de le delegation du
Pakistan a demande a la delegaetion de l'Inde d 'etudier a
nouveau son attitude. Apres un echange de vues qui s'est tenu
au cours de cette Conference, le chef de la delegation de
I'Inde, qu'aucun argument n'avait pu ebranler, resumait ainsi
qu'il suit la position de son Gouvernement :
'L'Honorable M.
N. Gopaleswai Ayyengar : 'Nous demeur ans certeinement
fideles a la position salon laqielle la clause de la
nation la plus favorisee ne s 'applique pas a genre
do droits d'accise, mais nous sommes enterenent dis-
poses a examiner la question des diminutions a consen-
tir, meme a de tels droits, dans le hadre d'un accord
d'ensomble interveant entre les deux Dominions. Telle
est notra position, et si vous avez l'intantion de
plaider l'application pure at simple de la clause de
la notion la plus favorisees a ce genre particulier
de droit, nous ne pouvons que vous rependre que nous
n 'acceptons pas.' GATT/CP.3/6
Page 3
"5. Devant l'echec des efforts repetes du Gouverne-
ment du Pakistan pour faire aboutir un accord satisfaisant
avec le Gouvernement de l'Inde sur cette question, je suis
charge de declarer que le Gouvernement du Pakistan se voit
contraint de renvoyer la cause devant les PARTIES CONTRAC-
TANTES en leur demandant de rendre une decision par applica-
tion de l'Article XXIII de l'Accord general sur les tariffs
douaniers et le commerce. De l avis dii Gouvernement du Pa-
kistan, le Gouvernement de l'Indre a manque aux obligations
que lui impose l'Accord general sur les tariffs douaniers et
le commerce, et a applique des resures incompatibles avec
les dispositions de l' article I de cot Accord et avec le
principe de non-discrimination sur lequel il repose. Un-e
demande a deja et adressee per tele gramnme au Secretaire
executif de la Commission interimaire de lt Organisation in-
ternationale du Commerce a l'effet d'inscrire cette question
a l'ordre du jour de la procheine session des PARTIES
CONTRACTANTES l'Accord general sur les tarie s douaniers
et le commerce. Jo suis charge de confiraer Ie tanaur de ce
teleqramme dont voici Ie texte:
'Nuiero. 351/105 stop Pribre vous referer decision du
President sur interpretation d'Article I de GATT/CP.2/
SR.ll en date 24 eout 1948 stop Conformment cetta de-
cision question a ete discutea evec Gouvernoment Inde
sous formne ecrite conformeent Article M III et egele-
ment debattue avec Inde a le Conference des Dominions
stop Gouvernement de l'Inde n'admet pas ja dis n'amet
pas que le diminution des droits d'accise consentie par
lui en favaur autres pays pour exportation de marchan-
dises mais refusee au Pakistan constitue violation de
clause nation plus favorisee stop Devcnt rafus de l'Inde
de se conformer decision du President at persistence a
refuser je dis refuser la diminution exergont per la
discrimination a lencontre Pekistan Gouvernement Pakis-
tan desire obtenir repnrction par bons offices
PARTIES CONTRACTANTES stop En consequence demandons
que plainte Pakistan contre viaolation l'Inde de
clause notion plus favorisee figure a l'ordre du jour
prochaine session des PARTIES CONTRACTANTES prevue pour
avril 1949.'
'Je suis charge da demander que l' pleinte ci-dassus
du Gouvanoment du Pakistan soit communique aux PARTIES
CONTRACTANTES ossez longtemps avent l'ouverture de ie ses-
sion.
"6. A cet regard, il peut etre utile de rappoler que
lorsque la presente question fut soulevea a Geneve psr la
delegation du Pakistan, celle-ci attira l'attention des
PARTIES CONCTRANTES sur le deficit annual permanent d'en-
viron soixente-dix millions de roupies subi par le Pakistan
et a cet egerd elle declare qua si la decision rendue devoit
etre on fazvoir du Pakistan, cette decision devrait prendre effet
a pertir de la date ou le Pakistan et li'Inde ont accede a
l 'Accord."
(Piece jointe)
"Copie
7/2-CX/48
GOUVEREMENT DE L'INDE
MINISTERE DES FINANCES
New Delhi le 24 novembre 1948." GATT/CP.3/6
Paeg 4
'DE : Le Secretaire du Gouvernement de l'Inde
A : Le Secretaire du Gouvernement du Pakistan,
Ministere des Finances, Karaohi.
Monsieur,
Objet: Demande de diminution des droits d'accise sur
les produits soumis a ces droits et exports
de l'Inde vers le Pakistan.
"Me referarnt a votre lettre no 169-Cus/47 en date
du 10 septembre 1948 relative a l'objet mentionne ci-dessus,
je suie charge' de vaous repondre que si le President de la
deuxieme session des Parties Contractantes a l'Accord gene-
ral sur las terifs douaniers at le commerce, qui s'est
tenue a Genbve, a donne, a la demande de la delegation du
Pakistian une interpretation du paragraph I de l'Article I
de J.'Accord, il a bien precise que la question soulevee
devant les Parties Contractantas ne constituait pas un
differend entre deux Par '"es Contractantes, mais simplement
une demand preseneed par une Partie Contractante a l'effet
d'obtanir une interpretation de l' une des dispositions de
l'Accord (of. GATT/CR-2/SR.11 en date du 24 aout 1948).
Il a lieu egalement de noter qu' a cette occasion la
delegation de l'Inde a reserve sa position et seat decla-
ree incapable de s'engager en aucune fagon sur l'interpre-
tation donned par le President. Compte tanu de ce qui pre-
cede, le Gouvornerant do l'Inds regrette de ne pouvoir
faire droit a la demande exposes dans votre lettre, aux
terms de laqualle le Pakistan aurait droit, an ce qui con-
cerne les diminutions at les axportations A l'entrepot, au
mome traitemant favorable que colui qui est accord a d'au-
tras pays an vertu des Articles 12 at 13 du Reglement central-
de l'acciss de 1944, at ceci dans la measure ou la demande
presantee par votre Gouvanement est fondee sur catta inter
prebation, Si toutefois la Gouvrnement du Pakistan estimait
qu'il y aurait interett a instituer un change de vuas rela-
tif a un reglementn d'ensemble tel que celui qui etait envi-
sage en cctobre 1947 ot qui naturellement portrait aussi
sur cette question partiouliera du Reglsiaant central de
l'accise, ou s'il dessireit presenter une autre proposition
equitabla, le Gouvornement de l'Inde serait tout dispose
a reprendre l'examen de la question.
Veuillez etc.........
(Signe) K.R.K. Menon" |
GATT Library | qx743dh5683 | Deposit of the Spanish text of the Havana Charter | Interim Commission for the International Trade Organization, November 2, 1949 | Interim Commission for the International Trade Organization (ICITO/GATT) | 02/11/1949 | official documents | ICITO/1/25 and ICITO/1/17-27 | https://exhibits.stanford.edu/gatt/catalog/qx743dh5683 | qx743dh5683_90180041.xml | GATT_142 | 435 | 2,968 | UNRESTRICTED
FOR THE INTERNATIONAL L'ORGANISATION INTERNATIONALE ICITO/1/25
TRADE ORGANIZATION DU COMMERCE ORIGINAL: ENGLISH
Deposit of the Spanish Text of the Havana Charter
The Spanish text of the Havana Charte was deposited with
the Secretary General of the United Nations as one of the
authentic texts on 27 October 1949,
The Interim Commission, at a special session held in July 1949,
appointed a Drafting Comittee and authorized it to decide upon
an authentic text to be imediately deposited with the Secretary
General of the Unitd Nations without further reference to
Governmients. All Spanish speaking Meners of the Interim
Conmuission, and Fr,ance,h te Uinite Kin dmo nad the United States
were invtied to oraticiopte in the Drafitig Comm-t tel;t he
folklowin countries atteeded the mretuings ofh te :cCommittee
Cuba, Philiippnes, Unti.ed Kingdom and United States. Panama was
represented tt onenmee;ing ard mBlivia nonuiated a representative
who was unable to attenm. The Co,mittee met from 15 September
to 14 Octcber, and approve d ## ## whdic ias edpos.ted and will
benprii-ted nd istributed
This completes the mandaee on ith Span hs te xt given to the
Imterim Conmission by the Havana Conferenee,. Tha following is a
brieflreiapituiat on tf the stzps in the proparhtoin cf tbe
Spanihs text priho t. th e establishment of thi s Draf tig
eomnmtte&**
I) Followiag the Hvaana Conference a translation of the
Charter oased upan a drcat prepared by the Ceban Gov-rnment was
distributed to governments inJune lc48 with n sattemebn that it
would be deposited witchhteS ercctar y Geneual in A-gust unless
comments were received
2) In view of several cominets on the text ,a Drafting
Comnmtete consist-ig o:fCo'lbima, France,Me xico.,United Kingdom
and United Stateis Gmt Ii en Geva to consider them in Sept1nb.e i919
The text ateged -o tby this Committee was circulated ameocudnnmt
ICITO/1/10 in October with a statement similar to the one previously
issued. ,giving December as the time for deposit
3) Farther comments were received on this text and a whole
new text was issued amdoscuEnme /We E.o.2A11/. 6 in 1MARrcgwhi949m, ch
underlined the proposed additions and put the proposed deletions
in square brackIs.e v Itas again stated thatthe ttt,e incorporating
the proposed c,nghes1wo,u ld be deposited in Apnlr iul.sns objections
wer.maede
ill Stll fuirther comments were received and it was finally
decided to set up the Drating Committee referred to above. These
comments were distributed as document//. onf.2A1l6/WCorr .and
served as the basic document of the Drmfnafg Conittmee.
Chilv*Bo, hm1e,rm. .,ba nm C,,tu oicaa.CiauvaDob.dbucaiRepub lic.
Eladcor, i Sl Eva earl uamtoGaia, Mlexic, Paona,c mPer,u.Ven,ezuela,
Philippines Ni,Uaraucr rm,gray
,ec***&so doacuunn Em/C.16/nf.bfA2orr .
Nfl:AR?" NTER
IREO'.
INTEIM ?%MM |
GATT Library | sr149nd4725 | Deremtriction of Third Session Documents : Note by the Executiuve Secretary | General Agreement on Tariffs and Trade, December 1, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 01/12/1949 | official documents | GATT/CP/47 and GATT/CP/47+Add.1-4 | https://exhibits.stanford.edu/gatt/catalog/sr149nd4725 | sr149nd4725_90300183.xml | GATT_142 | 190 | 1,455 | RESTRICTED.
GENERAL AGREEMENT ACCORD GENERAL SUR LIMITED B
ON TARIFFS AND LES TARIFS DOUANIERS GATT/CP/47
1 December 1949
TRADE ET LE COMMERCE ORIGINAL-ENGLISH FRENCH
CONTRACTING PARTIES
DEREMTRICTION OF THIRD SESSION DOCUMENTS
Note by the Executiuve Secretary
Effective 1 December, 1949, all Third Session documents
may be treated as unrestricted with the exception of the
following: (reference GATT/CP.3/AR.42 and GATT/CP/45)
All Summary Records (GATT/CP.3/SR.1-44)
GATT/CP.3/3 & Add.1 & Annex 1
GATT/CP.3/20 & Add.1
GATT/CP. 3/22
GATT/CP. 3/36
GATT/CP. 3/43
GATT/CP. 3/54
GATT/CP. 3/60 & Corr.1.& 2
GATT/CP. 3/60/Rev. 1
GATT/CP. 3/61
GATT/CP. 3/64
GATT/CP. 3/65
GATT/CP. 3/ 73/Rev.1 & Corr.1
GATT/CP. 3/85
DISTRIBUTION CENERALE DES DOCUMENTS DE LA TROISIEME SESSION Note du Seor6taire executif
A computer du ler decembre 1949, seront consideres comme
faisant l'objet d'une distribution generale tous lea documents
de la troisieme session a l'exception des documents enumeres
oi-apres (voir GATT/CP.3/SR.42 at GATT/CP./45):
Tous les comptes-rendus de seances (GATT/CP.3/SR.1-44)
CATT/CP.3/3/ & Add.1 & Annexe 1
GATT/CP.3/20 & Add.1
GATT/CP. 3/22
GATT/CP. 3/36 GATT/CP.3/43
GATT/CP. 3/54
GATT/CP.3/60 & Corr.1 & 2
GATT/CP. 3/60/Rev.1
GATT/CP. 3/61
GATT/CP. 3/64
GATT/CP. 3/65
GATT/CP.3/73/Rev.1 & Corr.1
GATT/CP. 3/85
- - - - - - |
GATT Library | nj568nb7878 | Derestriction of documents : Note by the Executive Secretary | General Agreement on Tariffs and Trade, November 2, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 02/11/1949 | official documents | GATT/CP/45 and GATT/CP/45 | https://exhibits.stanford.edu/gatt/catalog/nj568nb7878 | nj568nb7878_90300172.xml | GATT_142 | 219 | 1,679 | ACTION
GENERAL AGREEMENT ACCORD GENERAL SUR RESTRICTED
ON TARIFFS AND LES TARIFS DOUANIERS
GATT/CP/45
TRADE ET LE COMMERCE 2 November 1949
ORIGINAL: ENGLISH
CONTRACTING PARTIES
DERESTRICTION OF DOCUMENTS
Note by the Executive Secretary
On 12 August 1949 the Contracting Parties agreed to the
following formula for the derestriction of documents
(GATT/CP.3/SR.42).
"On December 1, 1949, all documents of the Third
Session shall be considered to be derestricted with
the exception of the following :
1. Documents originally classified as "secret";
2. Documents of working parties (but not including
reports of working parties issued as numbered
GATT documents); and
3. Documents which before that date any contracting
party requests the Executive Secretary to continue
to classify as restricted. The foregoing shall
also apply to any requests from acceding govern-
ments in respect of documents arising out of the
work of the Tariff Negotiations Committee."
Requests have been received for the continued restriction
of the following documents :
GATT/CP.3/3 & Add.1 & Annex 1
GkTT/CP.3/20 & Add.1
GATT/CP.3/22
GATT/CP.3/36
GATT/CP3/43
GATT/CP.3/54
GATT/CP.3/61
GATT/CP.3/64
GATT/CP.3/65
GATT/CP.3/73/Rev.1 & Corr.1
GATT/CP.3/85
GATT/CP. 3/SR.13
GATT/CP.3/SR.14
GATT/CP.3/SR.37
GATT/CP.3/SR.39
GATT/CP.3/SR.43
GATT/CP.3/SR.44
The attention of contracting parties is drawn to paragraph 3.
above. Any further requests to maintain the restricted classi-
fication of particular documents should be communicated to the
Executive Secretary before the end of November 1949. |
GATT Library | qk179zq5492 | Derestriction of documents. Note to Delegations | General Agreement on Tariffs and Trade, August 10, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 10/08/1949 | official documents | GATT/CP.3/76 and GATT/CP.3/76 | https://exhibits.stanford.edu/gatt/catalog/qk179zq5492 | qk179zq5492_90320312.xml | GATT_142 | 128 | 923 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
ACCORD GENERAL SUR
LES TAR!FS DOUANIERS
ET LE COMAAERCE
RESTRICT-ED
LIMITED B
SUR.
GATT/CP, 3/76
10 August 1949
ORIGINAL: ENGLISH/
FRENCH
Contracting Part
Third Session
DERESTRICTION OF DOCUMENTS
NOTE TO DELEGATIONS
The United States Delegation has requested that all
documents not classified as "Secret" be derestricted after the
close of the Annecy meeting,
It is suggested, therefore, that this matter be considered
by the Contracting Parties.
Parties Contractantes
Troisieme Session
Levee du secret concernant certains
documents
Circulaire aux delegations
La Delegation des Etats-Unis a demande que tous les
documents qui ne sont pas classes comme "documents secrets"
puissant etre rendus librement accessibles lorsque la session
tarifaire d'Annecy aura pris fin.
En consequence il est propose de soumettre la question
aux Parties contractanates. |
GATT Library | wx525sd5063 | Derestriction of Third Session documents : Note by the Executive Secretary | General Agreement on Tariffs and Trade, December 1, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 01/12/1949 | official documents | GATT/CP/47 and GATT/CP/47+Add.1-4 | https://exhibits.stanford.edu/gatt/catalog/wx525sd5063 | wx525sd5063_90300178.xml | GATT_142 | 196 | 1,483 | RESTRICTED
GENERAL AGREEMENT ACCORD GENERAL SUR LIMITED B
ON TARIFFS AND LES TARIFS DOUANIERS GATT/CP/47
1 December 1949
TRADE ET LE COMMERCE ORIGINAL: ENGLISH
El LE COMMERCE FRENCH
CONTRACTING PARTIES
DERESTRICTION OF THIRD SESSION DOCUMENTS
Note by the Executive Secretary
Effective 1 December, 1949, all Third Session documents
may be treated as unrestricted with the exemption of the
following: (reference GATT/CP.3/SR.42 and GATT/CP/45)
All Summary Racords (GATT/CP.3/SR.1-44)
GATT/CP.3/3 & Add.1 & Annex 1
GATT/CP.3/20 & Add.1
GATT/CP. 3/22
GATT/C P. 3/36
GATT/ CP. 3/43
GATT/CP. 3/54
GATT/CP.3/60 & Corr. 1 & 2
GATT/CP. 3/60/Rev. 1.
GATT/CP. 3/61
GATT/CP. 3/64
GATT/ CP. 3/65
GATT/CP. 3/73/Rev.1 & Corr.1
GATT/CP. 3/85
DISTRIBUTION GENERALE DES DOCUMENTS
DE LA TROISIEME SESSION
Note du Secrétaire exécutif
A computer du ler décembre 1949, seront considérés comme
faisant l'objet d' une distribution générale tous les documents
de la troisième session a l'exception des documents énumérés
ci-après (voir GATT/CP.3/SR.42 at GATT/CP/45)
Tous les oomptes-rendus de séanoes (GATT/CP.3/SR.1-44)
CATT/CP.3/3/ & Add.1 & Annexe I
GATT/CP.3/20 & Add.1
GATT/ CP. 3/22
GATT/CP. 3/36
GATT/CP. 3/43
GATT/CP. 3/54
GATT/CP.3/60 & Corr.1 & 2
GATT/CP. 3/60/Rev. 1
GATT/CP. 3/61
GATT/CP. 3/64
GATT/CP. 3/65
GATT/CP.3/73/Rev.1 & Corr.1
GATT/ CP. 3/85 |
GATT Library | xv001yw6281 | Dermand faite par la Norvége en vue d'obtenir une dérogation à l'obligation de notifier l'application des concessions d'Annecy avant le 30 avril 1950 | General Agreement on Tariffs and Trade, August 12, 1949 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 12/08/1949 | official documents | GATT/CP.3/84 and GATT/CP.3/84 | https://exhibits.stanford.edu/gatt/catalog/xv001yw6281 | xv001yw6281_90320333.xml | GATT_142 | 312 | 2,159 | GENERAL AGREEMENT ACCORD GENERAL SUR RESTRICTED
LLIITED B
ON TARIFFS AND LES TARIFS DOUANIERS G..TT/CP.3/84
12 August 1949
TRADE ET LE COMMERCE FRENCH
ORIGINAL :ENGLISH
PARTIES C0NTRACTANTES
Troisiéme session
Dermand faite par la Norvége en vue d'obtenir une
dérogation à l'obligation de notifier l'application
des concessions d'Annecy avant le 30 avril 1950.
La lettre suivante a été reçue du Chef de la délégation norvé-
gienne, concernant le retard apporté à l'application des concessions
d'Annecy:
"J'ai été chargé de vous faire connaftre que le inistre
des Affaires étrangéres de Norvége soumettra les concessions
ouaniéres proposés par la délégation norvégienne à Annecy
au nouveau Storting, qui se réunira en janvier 1950. Le
Storting sere prié de bien vouloir examiner la question aussi-
t6t que possible, en vue de permettre au Gouvernenent de notifier
au Secrétaire géntéral de l 'organisation des Nations Unies, avant
le 30 avril 1950, son intention d'appliquer ces concessions.
Etant donné toutefois que le nouveau Storting aura à examiner
un grand nombre de questions dont l'étude n'aura pu être achevée
cette année, le Gouvernement ne peut être absolument sûr qu'il
lui sera possible d'obtenir du Storting les pouvoirs nécessaires
avant le 30 avril 1950. II a donc été jugé opportun de demander
aux Parties Centractantes l'autorisation d'étendre le délai dans
lequel la notification de l'application par la Norvége des conces-
sions d'Annecy doit être faite au Secrétaire général de l'Organi-
sation des Nations Unies.
En conséquence, j'ai l'honneur de prier les Parties Contrac-
tantes d'accorder à la Norvège une dérogation à l'obligation de
notifier au Secrétaire général de l'Organisation des Nations Unies,
avant le 30 avril 1950, son intention d'appliquer ces concessions,
et d'accepter que la date avant laquelle la Norvége sera tenue de
faire cette notification soit repoussée au 30 juin 1950."
Note: La présente demande sera étudiée au cours de la réunion des
Parties Contractantes du samedi 13 août. |
GATT Library | yv649zk2011 | Deuxieme Rapport du Groupe de Travail No 2 Pour, L'Article XVIII : Prolongation des delais fixes pour la presentation des exposes et des objections | General Agreement on Tariffs and Trade, May 20, 1949 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 20/05/1949 | official documents | GATT/CP.3/29 and GATT/CP.3/29 + Corr.1 | https://exhibits.stanford.edu/gatt/catalog/yv649zk2011 | yv649zk2011_90320166.xml | GATT_142 | 705 | 4,609 | RESTRICTED GENERAL AGREEMENT ACCORD GENERAL SURLimited C
ON TARIFFS AND LES TARIFS DOUANIERS May 1949
TRDE ET LE COMMERCE FRENCH
ORIGINAL: ENGLISH
PARTIES CONTRACTANTES
Troisieme session
DEUXIEME RAPPORT DU GROUPE DE TRAVAIL No 2
POUR, L'ARTICLE XVIII (*)
Prolongation des delais fixes pour la presentation
des exposes et des objections.
1. Au cours de leur deuxieme session, les PARTIES CONTRACTANTES ont
adopted un program pour la presentation des exposes mentionnes au para-
graphe 12 de l'article XVIII, a l'appui des mesures prises ou des objections
elevees contre les measures prises par les Parties contractantes dont les
interets sont leses de façon appreciable. (Voir GATT/CP.2/38/Rev.l,Annexe E).
2, Lorsqu'il apparut, a l'issue de cette session, que pertains des ex-
poses n'etaient pas parvenus dans les delais requis, les Parties coitrac-
tantes en ont ete informees par le document GATT/CP.3/8, ct il a ete propo-
se que la date limited pour la presentation des objections fat repousse au
8 avril 1949.
3. Le Groupe de travail a pris note de co que les raisons doanees du re-
tard apporte a la presentation des exposes etaient les difficulties adminis-
tratives et autres que les gouvernements interesses ont eprouvees a reunir
les renseignements detailles necessaires a l'elaboration des expoes.
Le Groupe de travail a estime que ces exposes devraient etre pris en
consideration et a poursuivi ses travaux en prenant pour acquis que les
PARTIES CONTRACTANTES n'eleveraient pas d'objection a ce sujet.
4. Le Groupe de travail estime que certains exposes ayant ete presentes
tardivement, la date lirite a laquelle les Parties contractantes dont les
interets sont leses de façon appreciable devront presenter des objections
(*) Dans le presnt rapport, les references renvoient aux numeros des pa-
ragraphes de la version anendee de l'Article XVIII. GATT/CP.3/29
page 2
contre le maintien des measures en question, devrait egalemrnt etre repoussee.
5, Le Groupe de travail s'etait d'abord propose de terminer l'examen de
la question de savoir si chacune de ces mesures peut etre notifiee en vertu
du paragraph ll de l'Article XVIII, avant d'examiner la date limite a laquelle
les objections pourront etre presentees,
6. Toutefois, l'examen de la question de savoir si une mesure peut Itre no-
tifiee nest pas encore termine et en consequence, pour des reasons de comme-
dite, afin d'accelerer les debats, le Groupe de travail a decide de recomman-
der aux PARTIES CONTRACTANTZS qu'en attendant qu'une decision soit prise sur
la question de savoir si la mesure peut etre notifiee et avant l'examen qui
doit etre fait ulterieurement du point de savoir si les mesures sont consid6-
rees comme relevant des dispositions du paragraph 7 ou du paragraph 8 de
l'Article XVIII, les raisons invoquees contre le maintien des measures puissent
etre presentees comme si cellas-ci faisaiant l'objet d'un examen en vertu du
paragraph 8 (b) dudit article.
7 Ces objections ne seront pas examines avant l'examen ulterieur sus-
mentionne et la presentation des objections ne prejugera en rien la decision
que prendront les PARTIZS CONTRACTANTES en ce qui concerne la question de savoir
si les mesures pouvent etre notifiees et si le paragraph 7 de l'Article XVIII
s'applique.
8. Parmi les mesuras dont il est fait etat a l'Annexe B du document GATT/CP.
2/38/Rev.l, cellos qui ont ete notifies par les gouvernements du Chili et des
Pays-Bas ont maintenant ete retirees par ces gouvernements du nombre de cells
qui doivent etre examinees au titre de l'Article XVIII,
9. Les mesures restant a l'etude sont donc cells qui ont ete notifies par:
(a) Cuba
(b) ltInde
(c) le Liban et la Syrie
(d) Le Royaume-Uni, au nom de lIle Maurice et de la Rhodesie du Nord. GATT/CP.3/29
page 3
En consequence, le Groupe de travail racommande que ls PARTIES
CONTPACTANTES decident qua les parties contractantes qui voudront elever
des objections contre les mesures notifiees par les gouvernements men-
tionnes au paragraphe 9 ci-dessus devront presenter les objections, par
ecrit, conformement aux dispositions du paragraph 8 (b) de l'Article
XVIII le 28 mai 1949 au plus tard.
11. Les observations fondees sur le paragraph 7 a (2) de l'Article
XVIII pourront egalement etre presmntees a cette date ou ulterieurement
s'il est rocommande aux Parties Contractantos d'autoriser telle de ces
mesures en vertu du paragraphs 7 dudit Article. |
GATT Library | zj779zz6191 | Discours prononce par M. Dane Wilgress, President des Parties Contractantes a la eaence de cloture de la troisieme session | General Agreement on Tariffs and Trade, August 24, 1949 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 24/08/1949 | official documents | GATT/CP.3/90 and GATT/CP.3/90 | https://exhibits.stanford.edu/gatt/catalog/zj779zz6191 | zj779zz6191_90320347.xml | GATT_142 | 2,449 | 16,109 | RESTRICTED
GENERAL AGREEMENT ACCORD GENERAL SUR GATT/CP.3/90
ON TARIFFS AND LES TARIFS DOUANIERS 24 August 1949
FRENCH
TRADE ET LE COMMERCE ORIGINAL: ENGLISH
PARTIES CONTRACTANTES
TROISIEME SESSION
Discours prononce par M. Dane WILGRESS, President des
PARTIES CONTRACTANTES
a la eaence de cloture de la troisieme session
Messieurs les representants des PARTIES CONTRACTANTES
Nous voici arrives a la fin de nos travaux Il y a plus de
quatre taois, a l'cuverture de cette troisieme session, l'ordre du
jour qui nous etait soumis etait extrnement charge, mais je suis
certain que pas un d'entre vous ne pensait, a ce moment-la, qu'il
nous faudrait plus de quatre mois pour achever l'examen des vingt
questions qu'il comportait. Il convient donc que, notre travail
maintenant termine, nous nous arretions quelques instants en nous
damandant pourquoi il nous a fallu aussi longtemps pour venir a bout
de l'ordre du jour de cette troisieme session. C'est la un point
important car, si les sessions ordinaires devaient dorenavant so
prolonger ainsi, les gouvernements seraient inevitablannent amenes a
modifier la composition des delegations qu'ils envoient aux reunions
des P.'.TIES CONTRACTANTES. Or, il e st extremement souhaitable que
la qualite de cette representation soit maintenue. Nous devons nous
effercer de faire en sorte que, dans chaque delegation, il y ait un
Judicioux equilibre entre les representmnts dont les vues font
autorite dans leur pays et ceux qui connaissent a fond les disposi-
tions de l'Accord general. Nous n'entendons pas que nos reunions so
transforment en une sorte de societe esoterique dont les debbats ne
seraient inteligibles qu'aux rares inities pour qui les dispositions
les plus complexes de l'Accord general n'ont plus de secrets. Nous
Voulons qu'a nos reunions assistant ceux dont la presence ajoutera du
poids a nos deliberations, et qui pourront veiller a ce que les leçons
qu'ils tireront de leurs contacts avec d'autres Parties contractantes
se tradaisent dans la ligne de conduit suivie par leurs pays respectifs. GATT/CP.3/90
Page.2
L'un des facteurs iraportants gui ont contribute A prolonger nos
deliberations au dela du delai qu'elles auraient du normalement
atteindre est sans nul doute le fait que cettw session a cofncide
avec les negociations, tarifaires. Les delegations devant domuurer a
Annocy pendant toute la, duree de cos negociations, clles no se sont
pas sontios tenuos de traiter avec toute la celerite possible los
divorsos questions inscrites a l'ordrc du jour. On trouve unc autre
cause do retard dans lo fait que qualques delegations comprennent
encore le personnel indisponsable qui est tres au courant des clauses
de l'Accord, Il est donc naturel qu'elles aient souhaite voir cos
personnalites pcrticulierement coripetontos prondre part a la discus-
sion du plus grand nombre possible de questions. Mais lorsque co
souci a pour resultat de prolonger exegerement nos deliberations, il
ne pout qu'avoir dcs consequences fachouscs sur la quality de la re-
presentation que d'autres gouvornements onverront aux PARTIES CONTRAC-
TANTES. Nous dovons reconnaitre que les peys ne peuvont so passer
des sorviees de ministres ou de fonctionnaires influents pour les
onvoyer aux reunions des PRRTIES CONTRACTANTES qu'a la condition que
cellos-ci ne so prolongent pas indument. Je voudrais donc prier instcm-
ment toutes les delegations de veiller a ce que lours maibres soient
en nomabre suffisant pour qu'elles puissont otre representees a toutes
les seanccs, meme lorsqu'on ost dans l'obligation do discuter en meme
temps deux sujets importants, J'espere que ces romarques ne seront pas
interpretecs commo une critique a l'adresse daucune delegation on par-
ticulier, mais simplement comme une indication concernant les principes
a suivre, a l'avonir, si nous devons continuer d'assurer aux reunions
des P;RTIES CONTRACTANTES le succes qu'elles ont eu jusqu'ici.
Un autre facteur - et probablement d'ailleurs le plus important -
qui a contribute a prolonger la duree de la presente session en parti-
culier, c'est le caractere complexe do quelgues-uns dos problemas
que nous avions a regler. A l'ouverture de la session, J'ai dit que
los doux sessions antericures s'etaient occupies principalement de
questions dforganis-tion. Cette fois, il nous fallait surtout adapter
les dispositions de l'Accord general aux modifications apportees a
la Charte de la Havanc par rapport au project de charter qui avait et6
6tabli A Goneve dt sur lequol roposait lo texto priimitif de l;.ccord
gdn6ral sur los tarifs douz'.niers et le coimrierco. Au cours de la presence
session, nous avons du appliquer dans la prntiquo les dispositions de
ll.ccord g6n6ral, y comlpris cortaines des p.rtics les plus compliqu6cs GATT/CP.3/90
Page 3
de la Charte de la Havane. Il nous a fallu, notamment, entreprendre,
pour la prcmiere fois, dos consultations au sujet dus restrictions im-
posees a l'importation cornfomement aux dispositions de l'Article
XII, Nous avons du egalomcnt examiner tres minuticusumwet les mesures
notifiecs on application de l'Article XVIII. Ni l'une ni lautre de
ces deux series de dispositions compliquees de la Charte de la Havrne
n'etait parfaitamcnt adaptee a un instrument dont application n'est
quo provisoire, comme c'est le cas actuellement pour l'Accord general.
Lorsqu'elles ont ete redigees, clles devaient fire partic de la
Charte de la Havane et il etait prevu que leur application serait
assuree par l'Organisation international du comerce qui devait
beneficier des services d'un secretariat important et qualified. Nous
avons fait de notre mieux pour franchir ces obstacles, et Je voudrais
signaler quc cost en grande parties grace a la competence, au tact
ct a la porseverancc de M. PERRY, de la delegation canadienne, et de
M. HEWITT, de la delegation austrtalienne, Presidents dos deux Groupos
de travail interosses, grace aussi au Secretariat, que les PARTIES
CONTRACTANTES ont reussi a surmonter ces difficulties enormes. Le
travail des deux groupes on question avait necessairement un caractere
d'essai, puisqu'il slagissait de tracer une route dans l'ocean inox-
plore de la cooperation internationale. Les loçons que nous avens
tirees des efforts tents par ces doux Groupes de travail nous seront
precieuses a l'avenir et contribueront grandement a faciliter l'exa-
men de problems analogues a l'avanir. J'ai le fcrme espoir que,
desormais, il ne faudra plus, en aucune sessions, consacrer un aussi
grand nombre do seances a l'etude des problemes que pevent susciter
lcs dispositions de ll.-ccord relatives a l balance des paicmanes ct
au developpement economique.
Il nous a fallu, pour ces doux groups do dispositions de
l'Accord general, etablir une procedure en vue du reglement des
problemes qui se poseraient dans l'intervalle des sessions. Jo vou-
drais rnaintenant exprimer le voeu que l'on n'ait a recourir a cette
procedure qu'en de rares occasions seuloment. Elle doit 8tre consi-
deree come une methode revetant un caractere exceptionnel et a laquelle
il ne faut rocourir que lorsque les circonstances l'exigent ou lorsque
l'urgence de la question no permet pas d'en renvoycr l'examen a la
session ordinaire suivante. Tous les gouvernononts que now representons
pre'freraient beaucoup, Jo crois, n'avoir a envoyer de d&l6gu6s quiaux
sessions ordinairos dos P..RTIES CONTR.CTAJNUS. GATT/CP.3/90
page 4
Nous devons nous rappeler que tous les gouvernemnts sont a court de
personnel qualifie at qu'ils soront peu disposes, par consequent,
a envoyer des representants aux reunions des PARTIES CONTRACTANTES
plus souvent que tous les cinq ou six mois.
Si, au cours de la presente session, ce sont los dispositions
relatives au developprment economique qui ont denande plus de tamps
que los dispositions relatives a la balance des paioments, je crois
pouvoir dire qu't l'avenir, l'invcrse se produira et que les dispo-
sitions relatives a la balance des patients seront probablement, de
toutes les clauses de l'Accord general, cones dont l'exanin oxigera
le plus de temps, Come nous avons deja pu nous on rendre compte, les
PARTIES CONRACTANTES devront bientot ontror en consultation avec le
Gouvernement du Royaume-Uni au sujet du renforcement sut - .n-ntel des
restrictions imposees aux importations, Mais le Gouvernement du Royame-
Uni ne sera vraisemblablement pas la soul a se trouver dans cette si-
tuation. On pout prevoir que, d'ici peu, des circonstances analogues
existeront pour un grand nombre d'autres Parties Contractantes. Je no
crois pas faire prouve dfun trop profond pessimisme en disant qu'avant
longtemps pros de la moitie des Parties Contractantes renforceront d une
maniere substantielle les restrictions aux importations et devront,
par consequent, etre invitees a entror en consultation avre les PARTIES
CONTRACTANTES agissant collectivement, dans un delai de trente jours,
conformement aux dispositions du paragraphe 4 (b) de l'Article XII,
Il semble qu au paragraphe 5 de l'Article XII on envisage des circcns-
tances de cette nature : on y trouve esquissees les mesures que les
PARTIES CONTRACTANTES agissant colloctivement devront prendre en cas
d'application durable et etendue de restrictions a l'importation appor-
tees en vertu de l'Article XII.
Pluot quo de recourir dams l'intervalle des sessions, A unc pro-
ce'dure cpi consisterait i entrer en consultation successivement avoc
dix ou onze Parties Contractantes diff~rentes, il semblerait plus simple
d'utiliser la m6thodo envisag6e au paragraph 5 de lIArticle XII qui
est pr6vue pour ces cas 1 et que lVon pout consid6rer comme susceptible
do so substituer 6ventuollement A la procedure envisag6e au paragraph
4 (b) de llArticle XIIP GATT/CP.3/90
page 5
Il va sans dire qu'en presentant ces observations, je no soumets
aucune proposition a l'exmen des PARTIES CONTRACTANTES; je no contante
de faire certaines reflexions quo les represontants des PARTIES CONTRAC-
TIMES devront avoir presontes a l'esprit lorsque, dens l'intervalle
qui separe la session actuelle de la suiverante, des questions ayant trait
aux dispositions de l'Accord general relatives a la balance des paiements
auront a etre etudiees par leurs gouvernements.
Il y a un autre aspect de nos debats qui ra'a frappe assez vivement,
a plusiours reprises. J'ai au l'impression que les delegues, an soute-
nant la these du pays qu'ils representent, n'ont pas toujours au a
llesprit le souci des inter8ts generaux plus eleves de l'Accord general.
Nous comprenons ot nous respectons, bien ontendu, l'attitude de ces
delegues qui prennent habilement et vigoureusement la defense des
interets de leurs pays, mais nous voudrions esperor qu'a aucun moment,
ils ne perdront de vue les principaux objectifs de l'Accord general.
Les PARTIES CONTRACTANTES no sort pas une Orgaisa.tion, mais elles cons-
tituent tout de meme la seule assemblee internationale ou puissent
etre discutees les questions qui ont trait a l'echange international
des biens. Une occasion exceptionnelle s'offre ainsi aux pays du monde
dont le commerce exterieur est le plus actif, de so rencontrer et, par
une collaboration s'exerçant dens un esprit de bonne volonte, de pour-
suivre des travaux qui ameneront l'expansion du commerce mendial, En
prenant la defense de mmures qui vont a l'encontre des objectifs
de l'Accord general, les delegues devraient donc se rappeler qu'il
y a une limite au dela de laquelle ils ne devraient pas insister
en faveur de tel ou tel point de vue particulier de lours pays
si ce point de vue s'ecarte des buts ou meme des dispositions de
I'Accord general. Les PARTIES CONTRACTANTES so sont montrees,
maintes fois protes a tenir compte des circonstances speciales dans
lesquelles se trouve le commerce de tell ou telle partie contrctante,
mais il ne slensuit pas que touto partie contractante doive meettrc
a profit cet esprit dfaccommode-rient pour soutunir trop 1prorment ses
propres revendications.
Je pense on avoir dit assoz pour dcnnor A rntendro qao je ne aonsi-
dere pas que cette troisiflmc scs-oli ait rCriport6 le succbs sans reserve
qui a caract6ris6 la prcrniere et la douxi.&rO E>ss:iL)ns dus P;RTIES
CONTR&CTANTES, neanraoins, je ne pers ps.s GATT/CP.3/90
Page 6
confiance dans l'avenir; j'estime que nous avons acquis unc precicuse
experience au cours de cette troisiueme session et, fortifies comme nous
le serons desormais par infusion d'un sang nouveau que nous apporte
lladhesion de nouveaux gouvernements, Je suis certain que les PRTIES
CONTRACTANTES croitrent en forces et en vigueur et Justifieront la grande
experience faite a Geneve en 1947 lorsque nous avons entame la negocia-
tion de li'ccord general sur los tarifs douaniers et le commerce,
Je ne puis terminer sans adresser encore une fois des eloges a
ceux sur qui nos deliberations prolongees des quatre derniers mois ont
pese le plus lourdement. Je voux parlor, bien entendu des Presidents.
des Groupes de travail, a qui nous devons une grande reconnaissance
pour la contribution remarquable qu'ils ont tous apportee au succes de
nos travaux. Enfin, j'ai le grand plaisir d'exprimer, une fois de plus,
mes felicitations sans reserve a M. Wyndham White, Secretaire executif
et a M. Royer, Secretaire executif adjoint pour l'oeuvre remarquable
qu'ils ont accomplie. A l'un comme a l'autre, les PARTIES CONTRACTANTES
doivent beaucoup pour la façon dont ils les ont aidees, surtout pour
le role qu'ils ont joue dans le succs de nos travaux. A M. Wyndham White,
en particulier, je desire dire : vous avez reuni autour de vous une
equipe reduite mais devouee; vous l'avez animee, ce qui est plus impor-
tant quo tout, d'un esprit de corps, dont Jo ne pense pas que vous trouvier
l'equivalent dans le secretariat d'aucune autre organisation international(
I'etait exaltant pour moi de voir comment, dans les conditions de tra-
vail difficiles d'Annecy, tous les membres du Secretariat s'acquittaient
allegrament de leur tache. Le fait que les delegues aient eu si rarement
a critiquer la documentation fournie aux seances apporte a lui seul un
tenoignage eloquent de l'efficacite avec laquelle cette equipe vive
et devouee nous a aides dans nos discussions. C'est pourquoi, parlant
au nom de tous les representants des parties contractantes, je vous
adresse, a vous meme et a tous les membres du Secretariat, nos remercie-
ments lea plus chaleureux pour l'appui que vous nous avez apporte dans
des circonstences tres penibles, J'espere que cette expression de notre
gratitude vous encouragera A nous continue votre collaboration avec la
m~me competence. GATT/CP.3/90
Page 7
Ju regretto que la prolongation de nos discussions ait entti±ne
ledepart successif de nombre de nos intcrpretes, car j'aurais voulu que
tous ceux d'cntre eux quii ont particie a nos reunions eussent pu m'en-
tendre leur exprimer tout particulierement ma reconnaissance pour la
façon efficaco dont ils so sont acquittcs du travail si eprouvant qui
consist a traduire nos discussions en seanco. Je demanded a ceux des
interpretes qui sont encore parmi nous d'accepter cette expression do
reconnaissance. Elle leur prouvera que les conditions difficiles dans
lesquelles ils ont tranvaille sont pleinerment appreciees des representants
des PARTIES CONTRACTANTES qui ne peuvent qu'admirer la haute competence
dont ils ont si inlassablement fait preuve.
En terminant, je voudrais exprimer encore nos felicitations et notre
gratitude au Gouverneent français, aux autorites du departement de la
Haute-Sacvoie et, en particulier, a cellos de l vile d'Annrcy pour tout
ce qulelles ont fait en vue de rendre agreable notre sejour. Je suis
certain qu'aucun de nous n'oubliera les aimables relations que nous avons
cues avec la population d'Annecy et les agrements de cotte ville placee
dans un site ravissant. |
GATT Library | bm341bh9253 | Discriminatory administration of restrictions to safeguard the balance od payments : Questionnaire to Contracting Parties | General Agreement on Tariffs and Trade, October 7, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 07/10/1949 | official documents | GATT/CP/ 39 and GATT/CP/39 | https://exhibits.stanford.edu/gatt/catalog/bm341bh9253 | bm341bh9253_90300134.xml | GATT_142 | 795 | 5,319 | URGENT ACTION
GENERAL AGREEMENT ACCORD GENERAL SUR LIMITED C
GATT/CP/ 39
N TARIFFS AND LES TARIFS DOUANIERS 7 October, 1949.
DE ET LE COMMERCE ORIGINAL: ENGLISH
CONTRACTING PARTIES
DISCRIMINATORY ADMINISTRATION OF RESTRICTIONS.
TO SAFEGUARD THE BALANCE PF PAYMENTS.
Questionnaire to Contracting Parties (1)
Attached is a questionnaire designed to obtain the
necessary information to enable the preparation of the report
required under Article XIV (1) (g) of the GATT on action
being taken by contracting parties under paragraphs 1 (b)
and 1 (c) of Article XIV or under Annex J.
Replies to the questionnaire should be submitted to the
Executive Secretary of ICITO as soon as possible but in no
circumstances later than January 1, 1950, and should as far
as possible refer to the import restrictions which are expected
to be in operation on that date. Each contracting party
should also forward to the Executive Secretary by November
15, 1949, copies of the trade and payments agreements, laws,
regulations, decrees, etc. which have a bearing on the
operation of its import restrictions and should supplement
its original submission thereafter by any necessary amendments,
until the Fourth Session of the Contracting Partiese
Such information as a contracting party submits in
response to this questionnaire and requests be kept confid-
ential, shall be so treated provided, of course, that such
information is not of a character required to be made public
under various provisions of the GATT, such as those referred
to in Article X.
It is hoped to distribute a draft of the report early in
February for consideration during the Fourth Session commencing
on 23rd February 1950.
(1) As the object of the report is to present a comprehensive
study of discriminatory import restrictions in existence,
it would be appreciated if the acceding governments could
also forward information on their import restrictions
along the lines of the annexed questionnaire QUESTIONNAIRE
1. Do you restrict the importation of merchandise in
order to safeguard your balance of payments under the
provisions of Article XII?
Us In replying to this question, as well
as to others indicated below, contracting parties
should bear in mind that import restrictions include
those made effective either directly or indirectly
through state trading operations or otherwise. The
expression "state-trading operations" is meant to
include the operation of enterprises, wherever located,
to which the contracting party has granted, formally
or in effect, exclusive or special privileges. The
answer to this question as well as to the others
indicated below, should also take into account res-
trictions operated by means of exchange controls if
those controls are used as a substitute for, or a
supplement to import restrictions;'
2. If so, describe the general system of import restric-
tions to safeguard your balance of payments which is now
in effects
NOTE: This description should be sufficiently
detailed to give an accurate general picture of the
nature of the controls used and the criteria by which
the use of such controls is governed. Among other
things, the description should indicate the specific
techniques used, e.g., global quatas, quotas allocated
by specific countries or groups of countries, or other
techniques. Where your system of import 'controls
differs for different classes of commodities or dis-
tinguishes among groups of countries, the nature of such
differences and of such distirnctiors should be - 2 -
adequately described. Where your description
indicates deviations from the rule of nondiscrimination
indicate whether such deviation is pursuant to Article
XIV 1 (b) or 1 (c) or to Annex J.
3. Describe the main changes introduced since January 1,
1948 in the system outlined in your reply to question 2
above, particularly those which hare had the effects of
either intensifying or alleviating the discriminatory
effects of your restrictions.
4. For an adequate number of individual commodities
representing a cross section of products subject to import
restrictions describe in detail the provisions, policies,
and practices followed with respect to import .restrictions
in each commodity. Supplement such description with
specific statistical and other information designed to
describe the effects which existing import restrictions have
had upon the distribution among sources of supply from which
such imports are obtainable
Note: The commodities selected should be of
sufficient number to provide an adequate cross section
of commodities affected by existing import restrictions.
It is believed that such illustrations would probably
not be representative unless in total they represented
at least 30 percent of the import trade of the reporting
country and covered at least 10 commodities. In
determining the effects of such restrictions upon
sources of supply, comparable data on prices existing
in alternative sources would be extremely helpful;
5, Describe-the effects which you believe decriminatory
import restrictions imposed by you or by other countries
have had upon the volume and pattern of your export trade' |
GATT Library | vp336kj2922 | Dispositions Relatives a la Publication des Listes et des Protocoles D'annecy | Accord General sur les Tarifs Douaniers et le Commerce, September 13, 1949 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 13/09/1949 | official documents | GATT/CP/29 and GATT/CP/29 | https://exhibits.stanford.edu/gatt/catalog/vp336kj2922 | vp336kj2922_90300106.xml | GATT_142 | 196 | 1,343 | RESTRICTED
LIMITED B
GATT/CP/29
13 septembre 1949
ACCORD GENERAL SUR LES TARIFS FRENCH
DOUANIERS ET LE COMMERCE Original: ENGLISH
PARTIES CONTRACTANTES
Dispositions relatives a la publication des Listes et des
Protocoles d'Annecy.
Les listes et les protocoles d'Annecy seront rendus publics le
10 octobre 1949 a 00 h.30 GATT, c'est-a-dire le jour ou le Protocole
d'adhesion sera ouvert a la signature, On trouvera des exemplaires du
Protocole d'adhesion au Siege de la C.I.C.I.C au Palais des Nations,
A Geneve.
Le Secretariat verra a ce que la presse, a Lake Success, came
a Geneve, soit convenablement inrforme et qu'une anahyse des proto-
coles et des resultats des negociations lui soit fournie. Comme le
10 octobre est un lundi, ces communiques de presse seront probable-
ment diffuses le 8, mais il sera expressement interdit de les publier
avat le 10 octobre 00h30 GATT.
L'on prevoit que tous les gouvernements,qui ont participe a
la session tarifaire d'Annecyprendront chacun en ce qui le concern,
des dispositions pour que les informations publiees par la press
et la radio soient confomes aux dispositions sus-indiquees. En
aucun cas, les renseignements en question ne doivernt etre publies
avant le 10 octdbre A OOh3C GATT |
GATT Library | xk357rd1845 | Distribution Generale de Certains Documents : Note du Secretaire executif | Accord General sur les Tarifs Douaniers et le Commerce, November 2, 1949 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 02/11/1949 | official documents | GATT/CP/45 and GATT/CP/45 | https://exhibits.stanford.edu/gatt/catalog/xk357rd1845 | xk357rd1845_90300173.xml | GATT_142 | 234 | 1,858 | ACTION
RESTRICTED
LIMITED B
GATT/CP/45
ACCORD GENERAL SUR LES TARIFS 2 November 1949
FRENCH
DOUANIERS ET LE COMMERCE Original: ENGLISH
PARTIES CONTRACTANTES
DISTRIBUTION GENERALE DE CERTAINS DOCUMENTS
Note du Secretaire executif
Le 12 aout 1949, les Parties Contractantes ont adope
la formule suivante concernant la mise en distribution
generale de certains documents (GATT/CP.3/SR.42).
" Au ler decembre 1949 tous les documents de la
troisieme session seront consideres comme librement
accessibles a l'exception des documents suivents :
1) Documents consideres a l'origine come "documents
secrets";
2) Documents des groups de travail (non compris les
rapports des groups de travail publies comme
documents du GATT numerotes); et
3) Documents que les PARTIES CONTRACTANTES ont
demand, avant cette date, au Secretaire executif
de continuer a considered comme "documents a
distribution limitee".
La disposition ci-dessus s'appliquera egalement
a toute demand emanant des gouvernements adherents,
concernant les documents decoulant des travaux
du Comite des negociations tarifaires."
Des demandes ont ete reques en vue de maintenir la
distribution limitee des documents enumeres ci-apres
GATT/CP.3/3 & Add.1 & Annex 1
GATT/CP.3/20 & Add.1
GATT/CP.3/22
GATT/CP.3/36
GATT/CP.3/43
GATT/CP.3/54
GATT/CP.3/61
GATT/CP.3/64
GATT/CP.3/65
GATT/CP.3/73/Rev.1 & Corr.1
GATT/CP.3/85
GATT/CP.3/SR.13
GATT/CP.3/SR.14
GATT/CP.3/SR.37
GATT/CP.3/SR.39
GATT/OP.3/SR.43
GATT/CP.3/SR.44 GATT/CP/
page 2
II convient d'appeler l'attention des parties
oontraotantes sur la paragraphe 3 oi-dessus. Toute
nouvelle demands tenant a maintenir la distribution
limitee de certains documents devra etre reque par
Ie Secretaire executif le 30 novembre 1949 au plus
tard. |
GATT Library | my908nq0256 | Draft Annecy protocol of accession to the General Agreement on Tariffs and Trade | Contracting Parties, May 5, 1949 | Contracting Parties | 05/05/1949 | official documents | GATT/CP.3/WP.1/8 and GATT/CP.3/WP.1/1-10/Add.1 WP.1/5/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/my908nq0256 | my908nq0256_91870522.xml | GATT_143 | 1,314 | 8,403 | RESTRICTED
GATT/CP. 3/WP.1/8
5 May, 1949
ORIGINAL: ENGLISH
Contracting Parties
Tird Sossion
DRAFT ANNECY PROTOCOl OF ACCESSION TO THE
GENNERAL AGRE AGREEMENT ON TARIFFS AND TRADE
The Governments of ..........................which
are the present contracting parties to the General Agreement on
Tariffs and Trade (hereinafter called "the present contracting
parties" and the General Agreement" respectively), and the
Governments of . . . . . .. (hareinafter
callsd "the acceding governments"),
HAVING carried out negotiations directed towards the accession
of the acceding governments to the General Agreement in accordance
with the provisions of article XXXIII thereof,
HAVING agreed upon the terms on which the acceding governments
may so accede, which terms have boon approved by a decision taken
by the CONTRACTING PARTIES at their Third Session and are embodied
in this Protocol,
HEREBY AGREE AS FOLLO.S:
1. Subject to the provisions of this Protocol, each of the
acceding governments shall upon the entry into force of this
Protocol with respect to it apply provisionally;
(i) Parts I and III of the General Agreement, and
(ii) Part II of the General Agreement to the fullest
extent not inconsitent with its legislation
existing on the days of this Protocol.
2. (a) The schedules which are appropriate for the purposes of
the General Agreement in respect of the acceding govern-
ments shall be those contained in Annex A to this Protocol. (b) Upon the entry into force of this Protocol with respect
to each acceding government, that government shall become
a contracting party as defined in Article XXXII of the
General Agreement.
3. From the entry into force of this Protocol or from the thirtieth
day following the date of signature of this Protocol by any
present contracting party, whichever is the later, the
concessions provided for in the appropriate Schedule contained
in Annex B to this Protocol shall enter into force and there-
upon that Schodule shall be regarded as a Schedule to the
Genral Agreement relating to that contracting party.
4. Any government which signs this Protocol shall be free to
withhold or to withdraw in whole or in party any concession,
provided for in the appropriate schedule contained in Annex A
or B to this protocol, in respect of which such government
determines that it vwas initially negotiated with a present
contracting party or an acceding government which has not
signed this Protocol; Provided that the government with-
holding or withdrawing in whole or in party any such con-
cession shall give notice to all other present contracting
parties and acceding governments within thirty days after
the date of such withholding or withdrawing and, upon request,
shall consult with the contracting parties which havo a
substantial interest in the product concerned; and Provided
further that, without prejudice to the provisions of
Article XXXV of the General Agreement any concession so
withhold or withr shall be applied from the thirtieth
day following the date upon which the present contracting
party or acceding government with which it was initially
negotiated signs this Protocol. 5. (Text to be inserted)
6. The provisions of the General A-reement to be applied by an
acceding government shall be those contained in the text
annexed to the Final Act of the Second Session of the Pre-
paratory Co: ittee of the United Nations Conformnce on
T and Employment as rectified, amended, or otherwise
modified on the date of signature of this Protocol by such
acceding government. Signature of this Protocol by an
accding government, to be effective, shall be accompanied
by appropriate action action any such rectification,
amendment, or other medification which has not become effec-
tivc by the date of signature of this Protocol by that acced-
ing government.
7. Any : Wi: ^-Government which has signed this Protocol shall
be free to withdraw its provisional application of the Gcn-
rl A r-.: . nt and Such withdrawal shall take effect on the
sixtieth day following the day on which written notice of
such withdrawal is recesived the Sacretary-General of the
United Nations.
8. (a) Any government which has signed this Protocol
and has not given notice of withdrawal under paragraph 7,
may on after the date on which the General Agraru -nt
enters into force, pursuant to Article XXVI therc¢f accede
to that Ag ,t up"'n the terms of this Protocol by deposit
of an instrument of an accession with the Seoret ry-General of - 4 -
the United Nations. Such accession shall take effect on the
date on which the General Agreement enters into force, or on
the thirtieth day following the deposit of the instrument of
accession, whichever shall be the later.
(b) At any time after the entry into force of the General
Agrement, those contracting parties which have accepted. the
General Agrement pursuant to paragraph 3 of Article XXVI of the
General Agreement or deposited an instrument of -accession may
deeide that any acceding government which has not deposited
such inastrument shall coase to be a contracting party.
9. (a) Each government signing this protocol or depositing an
instrament of accession under parapr 8(a) does so in respect
of its metropolitan torritery and of the other territories for
which it has internationl responsibility, except such separate
customs tcrritries as it shall notify to the Scretary-Gneral
of theUnited Nations at the time of such signature or deposit.
Any government so notifying the Secretary-General may give
notice to the Secretary-Geenera of its intention to make
effective such application application or accession in respect
of any such separate customs territories. Thirty days following
the-date on which such notice is received by the Sacretary-
General that government shall make effective such provisional
application or accession in respect of any such customs territories.
(b) If any of the customs territories, in respect of which an
accoding government has made the General Agreement offective,
possosscs or acquires full autonmy in the conduct of its external
commorcial relations and of the other matters provided for in
the General Agreement, such territory shall, upon sponsorship
through a deelaration by the responsible acceding government estab-
lishing the above-mentioned fact, be deemed to be a contracting
party.
10. (a) This Protocol shall be open for signature by the present - 5 -
contracting parties and by the acceding governments at Anneoy
until _ It shall thereafter be deposited with the Secre-
tary-General of the United Nations and shall remain open for sig-
nature by the present contracting parties and by the acceding
governments at the headquarters of the United nations until June
30, 1955] [a date subsequently to be detorminod by the CONTRACTING
PARTIES].
(b) the Socrotary-General of the United Nations shall promptly
furnish . certified copy of this Protocol, and a notification of
cach signature thereto, of each instrument of accession under para-
graph 8(a), and of each notice under parragrnph 9(a) and of with-
drawal under paragraph 7, to each Member of the United Nations and
to cach other government which participated in the United Nations
Conference on Trade and Employment .
(c) The Secretary-General is authorized to register this Protocol
in accordance with Article 102 of the Charter of the United Nations
upon its cntry into force.
11. Subject to the provisions of paragraph 3, this Protocol shall first
enter into force upon the sixtieth da.y following the date of this
Protocol or upon the thirtieth day following the date upon which
it will have been signed by present contracting [party]
and by any acceding government, whichever may be the
later. For each acceding government which has not signed this
Protocol thirty days before it enters into force, it shall enter
into force upon the thirtieth day following signature of the
Protocol by that government.
DCNE at Annecy, in a single copy, in the English and French
languages; both texts authentic except qs othorwise specified with
respect to Addenda to Schedules and Schedules annexed hereto, this
...........day of ...........One thousand nine hundred and forty-nine. |
GATT Library | hh921tm7899 | Draft Annecy protocol of terms of accession to the General Agrement on Tariffs and Trade | General Agreement on Tariffs and Trade, May 27, 1949 | General Agreement on Tariffs and Trade (Organization) | 27/05/1949 | official documents | GATT/CP.3/WP.1/12 and GATT/CP.3/WP.1/11,12, WP.1/12/Annex WP.1/12/Add.1,2 | https://exhibits.stanford.edu/gatt/catalog/hh921tm7899 | hh921tm7899_91870528.xml | GATT_143 | 1,748 | 11,196 | RESTRICTED
LIMITED
GENERAL AGREEMENT ACCORD GENERAL SUR GATT/CP.3/WP. 1/12
'
:N TARIFFS AND LES TARIFS DOUANIERS Annexe
TRADE ET LE COMMERCE
DRAFT lNNECY PROTOCOL OF TERIS OF ACCESSION
TO THE GENERAL AGREMENT ON TARIFFS AND TRADE
The Governments of . which are
the present contracting parties to the General Agreement on
Tariffs and Trade (hereinafter called "he present contracting
parties" 'and "thc General Areemont" respectively), and tho
Governments of . ...r...*. ........... * ......... (ereinafter
called 'the acceding governments"),
HAVING carried out negotiations directed towards the accession
of the acceding governments to thc General Agreement in accor-
dance with the provisions of Article XXXIII thereof,
HERE BY AGREE -pon the terms on which the acceding govern-
ments may so accede, which terms are embodied in this Protocol.
1. (a) Subject to the provisions of this Protocol, each of the
acceding governments shall, upon the entry into force
of this Pritocol with respect to it, apply provisionally:
(i) Parts I had III of the General Agreement, and
(ii) Part II of the Gcneral Agreement -to the fullest
extent not inconsistent with its legislation
existing on the date of this Protocol.
(b) The obligations incorporated in paragraph 1 of Article I
of the General Agre.ment by reference to Article III,
thereof and those incorporated in paragraph 2 (b) of
Article II by reference to article VI shall be considered
as falling within Part II of the General Agreement for
the purpose of this paragraph.
2. (a) For tho purposes of the General Agreement, the Schedules
contained in Annex to this Protoccl shall be regarded
as Schedules to the General agreement relating to
acceding governments Page 2
(b) Upon the entry into force of this Protocol with respect
to each acceding g vernment, that government shall
become a ccntracting party as defined in articlee XXXII
.of the General agreement .
3. For each present contracting party the concessions
provided for in the schedule appropriate to that
contracting party contained in annex B the this Protcol
shall center into force on the , date cn which this
.
Protocol enters into force with recspect too any
acceding government, or on the ii-Irtfieth day following
the date upon which notification of the application
of those c-ncessicns is received by the Secretary-
General of the United Nations from the, c ntracting
party, whichever is the late- Each notification to
be effective sn:.ll be received by th.e Secretary-
General n,;t later that 30 April; 1950? Upon the
entry in to fcrce of concessions that schedule
shall be regarded as a schedule to the General agreement
relating to that contracting party -
4. any acceding government which signs this Prctocol or
any present contracting party which has given the
notificationsreferred to in paragrapg 3, shall be free
to withhold cr to withdrdw in whole or in part any
concession, provideed for an the appricatee Schedule
contained in J.nnex J. or B to this Protocol, in respect
of which such gov_--t^er.t or co:.tract ing party determine
that it was initially negotiations with a present con-
tracting partly which :given has not such notification oi
an acceding government not has not signed this
Protocol; Provid.d th;at tht a cccd'.g government or
present contractinG party withholding.or withdrawing
whole or in part any each concession shall give notice Page 3
to all other present contracting parties an~d acceding
governments within thirty days after the dateV.of such
withholding or withdrawal and, upon request, shall con-
sult with the contracting parties which have a substantial
interest in the product concerned; and Provided further
that, without prejudice to the provisions of article XHV
cf the General Agreement, any concession so withheld or
withdrawn shall be applied from the thirtieth day
following the date upon which the acceding government or
present contracting party with which it was initially
negotiated, respectively, signs this Protocol or gives
the notification referred to in paragraph 3.
5. (a) In each case in which article II of the General agreement
refers to the date Cf that agreement, the applicable date
in respect cif the Sohedules.annexed to this Protocol
shall be the date of this Protocol.
(b) In each case in which paragraph 6 of .Article V, of sub-
paragraph 4 (d) of Article VII and sub-paragraph 3 (c)
of Article I of the General Agreement refers to the date
of that agreement, the applicable date in respect of each
acceding government shall be March 24, 1948.
(a) In the case of the references in paragraph 11 of Article
XVIII of the General-Agreement to September 1, 1947 and
e a
October 10, 1947, the applicable dates in respect of each,
acceding government shall be May 14, 1949 and June 15,
1949, respectively.
60 The provisions of the General agreement to be applied by
an acceding government shall be th: se contained in the
text annexed to the Final -act of the Second Session of
the Preparatory Committee of the United Nations Conference
on Trade and Employment as rectified, amended, or otherwise Page 4
modified on the date of signature of this Protocol by
according governments Signature of this protocol by
an sooedinr government, to be effective, shall be
accompanied by appropriate action accepting any such r
tificaticn, amendment, or Other modification which has
been drawn up and formalized but which has not become
effective by the date of signature of this Protocol by
that acceding government .
7. Any acceding government which has signed this Prot-col
shall be free to withdraw its provisional application
of the General agreement and such withdrawal shall take
effect on the sixtieth day following the day on which
written notice cf such withdrawal is received by the
Secretary-General of the United Nations.
8. (a) any acceding government which has signed this Protocol
has not- given notice of withdrawal under paragraph 7,
on or after the date on which the General agreement
enters into force pursuant to -article XXVI thereof,
accede to that agreement upon the terms cf this Protocol
by deposit of an instrument of accession with the
Secretary-General of the United Nations. Such access
shall take effect on the date on which to_ G3neral
Agreement enters into force, or on the thirtieth day
following the deposit of the instrument of accession,
whichever shall be the later.
(b) At any time after the entry into force of t.heGeneral
Agreement, those contracting parties which I-ve accept
the General A.greement pursuant to paragraph 3 of Article
XXVI of the General agreement or deposited an instrument
of accession ray decide that any acceding government
which has not deposited such instrument shall cease tOl
be a contracting party. Page 5
9. (a) Each acceding government signing this Protocol or
depositing an instrument of accession under paragraph
8 (a), and each present contracting party giving the
notification referred to in paragraph 3, does so in
respect of its metropolitan territory and of the other
territories for which it has international responsibility,
except such separate customs territories as it shall
notify to. the Secretary-General of the United Nations at
the time of such signature, deposit, or notification
under paragraph 3.
(t) any acceding government Cr present contracting party which
has notified the Secretary-General under the exception
in sub-paragraph (a) of this paragraph, may at any tim
give notice to the Secretary-General that such signature,
accession , or nctific -tion under paragraph 3, shall be
effective in respect of any separate custors territory or
territories s.. excepted and such notice shall take effect
on the thirtieth day following the date on which it is
received by the Secretary-General*
(c) If any of the customs territories, in respect of which an
acceding government has made the General agreement
effective, possesses cr acquires full autonomy in the
conduct of its external commercial relations and of the
other matters provided fir in the General agreement ; 'such
territory shall, upon sponsArship through a declaration by
the responsible acceding government establishing the
above-ment ioned fact, be deemed to bo a contracting party.
10, (a) This Protoccl shall be open for signature at .L-nnecy
until . The original text of this
Protocol shall thereafter be deposited with. the Secretary-
General of the United Nations and shall remain Aspen for
signature at the headquarters of the United Nations by present Contracting Parties a.ntiI 31 October 1949 by
acceding governments until 30 April 1940.
(b) The Secretary-General of the United Nations shall promptly
furnish a certified. copy of this Protocol, and a notification
of each signature thereto, of each deposit of an instrument 02
accession under paragraph 8 (a), and of each notification or
niotioe under paragraphs 3, 7, 9 Ia.), 9 (b) cr 10 (a), to each
Member of the United Nations and to each other government which
participated in the United Nation.3 Conference on Trade and
Employment.
(c) The Secretary-General is Authorized to register this Protooof
in accordance with .Article 102 of the Charter of the United.
Nations.
11. SubJect to the provisions of paragraph 3, this Protocol shall
for each acceding government in respect of which it ha.s been
signed by two thirds of the present Contrcacting Parties by
October 31, 1949, enter into force on December 1, 1949 or on
thirtieth day following the date upon which it shall have bi
signed by such acceding government, whichever is the later.
12. upon signature of this Protocol in respect of an acceding
government by two-thirds of the present contracting patrti63
shall constitute P. decision taken under Article XIII of the
Gener-1 Agreemont agreeing to the accession of that government
Signnature of this Protocol by an acceding government shall
constitute agreement by such government, upon booomkng a
contracting party, tc each such decision taken or to be tam
pursuant to this paragraph.
DONE at Annecy, in a single copy, in tba Eglish "I
French languages, both texts Authentic except as otherwise
specified with respect to Schedules anexed hereto, this
......d.... y of ............. ona thousand nine
hundred and forty-nine. Page 7
CERTIFICATION BY THE CHAIRMA OF THE CONTRUCTING PARTIES
AUTHENTICATING THE TEXT OF THIS PROTOCOL:
I, L, Dana Wilgress, Chairman of the CONTRACTING PARTIES to the
General agreement on Tariffs and Trade, being duly authorised
thereto by the CONTRACTING PARTIES, hereby certify as authentic
the text of this Protoccl.
(date)
Chairman Page 8
Speciment Signature Page
Signatures in respect of the government of
For ._.
For ,_-_ -
I Here wc uld
be listed
) the present
contract ing
I arties .
For ,
Fcr
Here Would,
be named
the
acceding
government
referred
in the he
- |
GATT Library | xx445wv9151 | Draft final report of the Committee on special exchange Agreements | Contracting Parties, June 16, 1949 | Contracting Parties | 16/06/1949 | official documents | GATT/CEA.2/W.11 and GATT/CEA/1-9 GATT/CEA/W.1-6 GATT/CEA.2/W.1-11 GATT/CEA/N.1-4 | https://exhibits.stanford.edu/gatt/catalog/xx445wv9151 | xx445wv9151_90310171.xml | GATT_143 | 631 | 3,948 | -73- RESTRICTED
GATT/CEA. 2/W. 11
16 June 1949
CONTRACTING PARTIES
Third Session
DRAFT FINAL REPORT OF THE COMMITTEE
ON SPECIAL EXCHANGE AGREEMENTS
1. The Committee met at Annecy from April 12 to June 1949
to give a final reading to the text of a model special exchange
agreement consistent with the provisions of Articlo XV of tho
Genoral Agroomont.
2. The text of the draft special exchange agreement as wall as
of the two draft resolutions submitted to the CONTRACTING PARTIES
is annoxed to this roport.
3. The changes introduced in the draft agreement annexed to the
interim report of the Committee(GATT/CZA/7, 16 November, 1948) do
not modify the scopo or the substance of that draft, but the form
of the agreement has been altered. Instead of proposing a multi-
lateral agreement to which all contracting parties not members of
the International) Monctary Fund would be roquired to adhere, the
Committee is recommending the conclusion with each such contracting
party of a separate bilateral agreement in the torms of the modal
agreement annoxed to the resolution to be passed by the CONTRACTING
PARTIES.
4. The text of Articles II and VI of the draft agreement annexed
to resolution No. 1 will require adjustment if the signatory is to be
a contracting party which uses one or more non-metropolitan currencies,
in addition to the currency of its metropolitan territory, in the
territories in respoct of which it has accepted (or is provisionlly,
applying) the Gonoral Agreement. -74- GATR/CEA.2 /W. 11
Page 2
5. The Committee was also instructed in its terms of reference
to recommend the time within which those contracting parties which
are not members of the Fund must either Join the Fund or onter
into a special oxchange agreement with the CONTRACTING PARTIES.
In draft resolution No. 1 submitted by the Committee, it is sug-
gestod that each existing contracting party should deposit on
instrment of accoptance of the special oxchange agreement to bo
ontered into by it with the CONTRACTING PARTIES on or before the
first day after 1 November 1949 on whch the CONTRACTING PARTIES
are in session, if it is not then a member of the Fund. In view
of the special difficultics stressed by the reprosozitative of NoW
Zecaland, the Committee submits draft resolution No, 2 which would
give an opportunity to the Government of Now Zealand to suggest
variations in the text of tho special oxchange agreement at the
first session held by the CONTRACTING PARTIES after 1 Novembor 1949
As regards the acceding governments, the Committee suggesta that
cach such govenment should be required to accept a special oxchang
agreement within four months after it has become a contracting
party, or on or before the first day ,after I November 1949, on
which the CONTRACTING PALRTIES are in session (whiehever is the la
if such accoding government is not a member of the Fund.
6. The Comittee also proposes that the Chairman of the CONTRAC
TING PARTIES should. be authorized to sign the special axchange
agreements with the governments concerned and to take all necessary
action to execute the agreements and give offect to the Rosolutions
relating to the creation of special exexange agreements.
7. Finally, the Committee wishes to draw the attention of the
CONTRACTING PARTIES to the desirability of ombodying the substance
of tho sixth paragraph of draft resolution No. 1, annoxed. to this
report, in the Annocy Protocol of Terms of Accossion to the Gonoral
Agreement on Tariffs and Trade. -175- Document Language Title of document
Symbol
Symbol: GATT/CEA/N
1 E.
2
E.
3
4.
E.
E.
Notes on Discussions on 1st and 2nd
November 1948 (Second Meting-London)
Second Meeting - Notes on Discussions
5 November 1948
Notes on Discussions on 8 November 1948
Notes on Discussions on 9 November 1948 |
GATT Library | fj670dk7215 | Draft - First Report. On Procedure for Notification by Acceeding Governments of existing Non-discriminatory Measures | General Agreement on Tariffs and Trade, May 11, 1949 | General Agreement on Tariffs and Trade (Organization), Contracting Parties, and Working Party 2 on Article XVIII | 11/05/1949 | official documents | GATT/CP.3/WP.2/7 and GATT/CP.3/WP.2/1-9 | https://exhibits.stanford.edu/gatt/catalog/fj670dk7215 | fj670dk7215_91870537.xml | GATT_143 | 524 | 3,282 | GENERAL AGREEMENT ON TARIFFS AND TRADE RESTRICTED
GATT/CP.3/WP.2/7
11 May 1949
Original: ENGLISH
Contracting Parties
Third Session
WORKING PARTY 2 ON ARTICLE XVIII
Draft - First Report.
On Procedure for Notification by Acceeding Governments
of existing Non-discriminatory Measures.
The Contracting Parties will recall the discussion
at the third meeting of the present Session of the Contracting Parties
regarding the establishment of a procedure for the examination of
measures notified under paragraph 11 of Article XVIII by acce ding
governments. Working Party 2 was required by section (b) of its
terms of reference to consider this question and to report thereon
to the Contracting Parties.
In view of the approaching conclusion of the work
of Working Party 1 on Accession, in drafting an instrument of accession,
the Working Party, before considering the whole question of the
procedure, directed its attention to the dates specified in paragraph
11 of Article XVIII. It proceeded to consider appropriate dates to
be adopted by the Contracting Parties in respect of measures to be
notified by the acceding governments. The present report is submitted
to the Contracting Parties so that the proposals of the Working Party
can be considered with the proposed Protoco-. of Accossion submitted
by Working Party 1. 2.
The Working Party is of the opinion that suoh measures should
be notified by the acceding governments before the end of this
session so that contracting parties and acceding governments will
have knowledge of the particular items involved, and that in
order to facilitate such knowledge, the acceding governments
should give notification at as early a date as possible before
the conclusicn of the session. On the other hand, it is also the
view of the Working Party that sufficient time should bo provided, to
enable the acceding governments to prepare a list of the measures to
be notified.
The Working Party has therefore come to the conclusion that it
would be desirable that the date for the notification of such
measures should be 15 June 1949, in respect of the governments
acceding at the end of this session. It will be understood that the
proposal is made on the assumption that if the present session of
the CONTRACTING PARTIES is extended the proposed date could be
subject to alteration by the CONTRACTING PARTIES.
As regards the date on which any non-discriminatory protective
measures, to be eligible, must be actually in force, the Working
Party felt that it would be improcticable to fix a date which was
earlier than the present time. To require such notified measures
to be in force on an earlier date would give rise to circumstances
in which an acceding government might be required to withdraw
measures which it might have introduced since that date. The
Working Party therefore proposes that [14] May, 1949, i.e. the date
of the present Working Party report, should be adopted.
it is the view of the Working Party that the choice of this
date and of the period of a month for the lodging of notifications
would not impose any obligations on the acceding governments more
onerous than those which applied to the contracting parties at
Geneva in 1947. |
GATT Library | qd131pz8440 | Draft interim report of the Working Party on Budget | July 26, 1949 | 26/07/1949 | official documents | Budget W.2 and GATT/CP.3/WP.9/BUDGET/W/1-3 | https://exhibits.stanford.edu/gatt/catalog/qd131pz8440 | qd131pz8440_91870580.xml | GATT_143 | 2,165 | 13,827 | Budget
26 Ju1y. 949
DRAFT INTERIM REPORT OF THE WORKING PARTY ON BUDGET
1. The Working Party was requested :
(a) to report on the financial implications of the Third
Session of the Contracting Parties and of the Tariff
Negotiations beyond the end of July 1949;
(b) to prepare a budget estimate for 1950 and to recommend
ways and means for covering the expenditure contemplated
for 1950.
I. Financial Implications of the Extension of the Annece
2. The Working Party noted that the provisions for unforeseen
expenditure in the 1949 budgot would be largaly absorbed
by the expoerditure up to the and of July 1949, and that,
after providing for tho- secretariat services during the
period. 15 August until 31. Docember 1949, and the other
poutine expenses, there will remain an e stimated balance
of $ 3,000 to cover the secretariat and conference ser-
vices until the end of the Annecy meeting, the printing
of the Annocy Protocal and Schedules and inter-sesssions
meetings or inquiries until the and of the year,
3. The Working Party feels that it might be difficult for
certain gowernments to increase their contributions for
1949 after they have socured the necessary authority to
remit the contribution fixed at the last session. The
Working Party recommends therefore that the budget estimates
for the poriod 16 August 1948-31 December 1949 be increased
from $ 769000 to $ 91,350 and that thE contributions from the accedubg governments for 1949 be used to moot the in-
coeased expenditure for the current year. To that effect,
the ICITO would be asked to advance the necessary amounts
to cover such additional expenditure and the contributions
from the acceding governments would serve for the repayment
of that advance to the ICITO.
4. Annex 1 shows the ostimated expenditure and estimated income
for the poriod 1 August 1949-31 December 1949. The expen-
diture is based on the assumption that the Secretariat ser-
vices as from the 1st of August will be reduced to a minimum
and that the delegations will contribute to the cost of the
negotiations meeting rooms and arrange their courrier services
so as to provide free transport for the Secretariat and the
documents between Geneva and Anneey.
5. The Working Party was of opinion that it would be both ad-
visable and economical that the Annecy Protocols and Schedules
be printed by the Secrotariat for the use of the Contracting
Parties; as the printing of those documents would involve a
heavy burdon on the budget, it is recommonded that each govern-
mont should pay for the copies furnished to them by the Seore-
tariat. It is estimated that a revenue of $ 8, 500 will be
derived from that source against an estimated expenditure
of $ 10,000
-2- 6. Before preparing a budget estimate for 1950, the Working
Party :considered what basis should be adopted for the repayment
of secretariat services provided by the Interim Commission. It
noted that the percentages of 19% of the ICITO Personnel budget
for periods between sessions and of 50% during sessions did not
correspond to the expenditure actually incurred by the ICITO on
behalf of the Contracting Parties in 1949 and that it would be
impraotioablc to expect thc ICITO to continue to meet a substantial
part of the GATT expenditure out of its own budget.
MJ1'IoffjU;:: 0o J2_l'ma'tl ^jaiJIVr rt;s rJiW L.1: -d i>[JJ.OO n JrT m
7. The Working Party recommends therefore that the Contracting
Parties should undertake to repay to the ICITO all the charges
incurred on their behalf during the year 1950. Although it is
difficult to foresec at the present time how th work done by the
Scoretsriat for the Contracting Parties will compare with the
work done for ICITO, it would seem fair, on the basis of past
experience, to rask the contracting parties to contribute 50% Of
tho ICITO personnel charges during the period between sessions
and 90% during the sessions. The budget istunates submitted by
the Working Party are based on the assumption that the Contracting
Parties will aocept these porcenhtges, as the basis for repayment
in 1950, all the other items of expenditure being charged as
here tofore.
8. The Working party also recomends that the "pay as-you-go"
arangenebt adirwed at the last session be continued. As it is
necessary for the Contracting Parties to know in advance the amount
of their contribution for 1950 and for the Executiveo Sezrotary to
have authorityty tV approve cxpendiure up to a definite amount, the
C r-rncting Patties will be required to approve P. totVl budget
figuree for 1550 which will serve as a basis for the aompilation
of the con ributions and will represent the maximum amount of
exp Uditura to be Authorized without further reference to them, 9. As the ICITO cannot rely on any cash surplus at t the and of
1949 and has no working capital fund to meet expenditure pending
the receipt of current contributions it is importive that the
contracting parties should take necessary arrangements for sending
their 1950 contributions as carly as possible in 1950.. It. is
therefore recommended that the contributions should be paid if
possible in January 1950 and, in any case, not later than the
1st April, 1950. It has been pointed out, however, that it night
be difficult for some contracting parties to secure the neocessary
suthority before the 1st of April, 1950; in such case, it is
recommended that those contracting parties should send their
contributions as soon as they have obtained such authority, as in
1949 contributions would be sent to the Financial Officer at the
European Office of the United Nations for the nceount of the
Contracting Parties. Payment riry bui .indc in U.S. doll.:rs or SI-iss
francs .-t1 the} option of c-.t~ch contracting pr.rty.
10. The Working Party has examined the tentative estimates
contained in Annex I Of document Budget/l; it noted that estimates
for meetings .were based on the optimistic assumption that the
Fourth Session would last only one monih and t'ae Tariff NegotiatWns
four months and that the other items (inc uding unforeseen expen-
diture) did not afford suffizieint ulas icity to meet the additional
expenditure which would te incurred if the meetings were to last
longer than contemplatcd. It tas therefore inoreasud the provision
for the 4th Session from 1 22.500 to $ 33,750 to cover the expen-
diture of a session las-in<, six weeks. As --agards the TEriff
Negotiations, thu Woikinf Party was reluctant to incroea.so the
estimate but thoi,-ht it a.dvisable to rr.ise the unforeseen expen-
diturc from $ '4,868 to $ 39,405. (ie- from 10% to 15%) of the
budget). Mo"'ucver, tha Working Party hopos thnt if i', is found
iqpractic .ble to hold the Tariff Nugotictions in Genevc, arran-
goment, could be -&wde with an inviting government or authorityy 57
which would avoid charging the Contracting Parties budget. with the
cost of per diem allowances; if such a saving of about $ 23,000
could be effected, the Working Party feels that the financing of the
Tariff Negotiations would be reasonably secure.
11. As regards printing, the r.;orking Party feels that it would
be advisable to ask the Se6reter'it not only to print Schedule s
resulting from the third round of Negotiations, but also to publish
oonsolid:ted Schedules, embodying the Geneva Schodulos, thc rectifi-
cations thereof, the AUneoy Schcdulos and the Now Schedules. The not
oxpenditure would not be unduly large if the contracting parties
wore ready to pry for :.1l the copies delivered to them by the
Socretnrir-t. If this r.rrrngcnmunt is .cccpted, an amount of $ 7,500
would be sufficient to cover the cost of printing less the income
deprived from the sralcs to governments ' The estimates for tha dost
of printing are as follows:
a) printing of the Schodulos resulting from the 1950 Tariff
Nagotications $ 7,500
b) printing of the consolidated Schedules I f79 5OO
Total X2st
Less income derived from the sales to the
contracting parties /9i o
Nest FEpendituro $ 2f O'z<
12. The budget estimates contained in Ann= II provide for the
services of tw: consultants being emrloyod for four months. The
Contracting Pcarties may decide to prepare the report contemplated
in Article XIV of the GATT and to secure the sorvics of an expert
to prepare the consideration by the Sontracting Parties Q: the
applications under Art~ole XVIII. If the Contracting Parties were to
decide that this work should not be undertaken in 1950, a saving of
$ 10,000 will be effected on the item "experts and consultants" and
a saving of $ j,000 on the item "travel on official business", re-
ducing the total budget estimate to $ 287,054.64 . (See Annex IV). 6.
III. Scale of Contributions for 1950.
The Working Party will submit a further report on this
question. ANNEX I
a) Estimate of Expendituxre 1st Agust to 31st December 1949
(Contracting Parties
( Tariff Negotiations
Conference Services
Documentation
TOTAL
1st - 13th Augus t 1949
lst August - 10th September 1949
$
4,588
2,660
7 , 248
Inter-Session Secretariat Services: 15th August 1949 to
31st Deaember 1949.
Secretariat Services
Preparatory Documentation
Inter-Session Meetings
and Enquiries
Printing of Annecy Protocols
and Schedules
TOTAL
4,393
1,209
10,000
10,000
25,602
Total Esti-mated Expenditure for period
31st December 1949 -- , 32,850
1st August to
b) Estimated Income for the period lst August - 31st December 1949
Estina ted balance on 1.8.49.
Contributions from Acceding
Governments
Estimated Income derived
from sales of Annecy
Protocols and Schedules
TOTAL
9,000
15,350
8,500
32,850 Annex II
BUDGET ESTIIIH 3S FOR L950
Part I: Meetings
GATT 4th Session
Tariff Negot iat ions
Other Mbetings
TOTAL OF PART I
Part II: Secretariat
$
33,750
70,000
7'000
Ccmrnmon Staff Cos ts
MT TtbW' Sesso~io 18,,13375
Tariff NegoLiations 48,362,00
Remainder olf 1950 43,652289
Other Pay Iems
Experts and Gs1isaltant3 lOyOO0
Travel
Travel or official ousi-
ness 5,000
Corm ao icatio:us
Y 'inting
(c' st less income derived
from sales)
lQ, '750
10,000
5,000
2,500
7,500
1p500
Corr in services
UT-f;'ice Rooms
Documents Reprodz tion
Reimburoiement to UN for
AdminiLtrative and
FinanciE1. Services
Other Services
2,920
69075
2, 601
3,750
151,346
TOTAL OF PART 1I
Total of Parts I and & II
151j 9 9464
262,744,64
PART III: Unforoseen
15% of Toregoing
39,405,00
39,405&00
T 0 T A L 302,149,64
_ _ _ _ ~ ~ ~ 16
$
110, 750 PART 1 MEETINGS
BUDGET.RY JUSTIFICATIONS
See Aprendix II of Budget/1l
for CY .- s
The siimates are based on:
The other budget .ry justifica-
tions are contained iu Budget/1
pages 5, 7 and 8,
GATT th Section lestin 6 weaks
and held in Geneva
T;. in£ No .otictions lastine 4 months
and held away from G-eneva,
I T22L
Temporary
Assis t ance
(gross interna-
tion a salary
rate a)
Meeting Rooms
QG.rTT 4th SESSION
TARIFF 1E GIT IATIOM
- - I ? ? £
FBasis or Bstimate
Approx, 6 Ode.
2 Distribution
staff
4 Secretaries Gde.4
2 Precis WritUpers-
%Gde .10
Conference-60 Meet,
5ub-Commi ttee-
75 Meetin-s
Office - 56 Rooms
Ioet
5,Q069
39510
Basis or sstimate
5 Secretaries
Gde ,4
1 Documents Offi-
cer -Gde.V
1 Messenger Dis-
tribution CJe rk
-Gde ,2
1 Research .Assis~
tant Gdo,15J
2 PreL s Wjiters-.
Gdo. 20- -
4 Sub-Committee -
584 MeetingE (tc+
-Off oe - 40 Rm1s,
DOm-et a 00 pages ERg y 1 00 pages Engl1i 7)3.0900
Revod~uction 1 500 re ench 1 200 2Nes French
Translation 1, 500 pages F 7,50 1 O Pes E/F 6,000
interpretation -135 Meetings 2D902 ~ '90.ilng8
_(3 additinterpre t) 31 addit, Interpr t) 2 016
Per Diem - _ All roMilar staff 23,644
Travel ^' Can bo estimated pro
when it is known Mmom
where the Tariff ria
Iegotlatlon8 aro
to bG hold
Hiotel Rewer 72 DeJe gates
Ovations BasedORAnnecy
Stationery B~sed. on 1948 as o Aney
' cost Cost(Uz supplies
.___ ___ ___ __for _ ut 4 _ ontbs
rormmunicationa Nominal figure'- , BasdT oni .Axnncy 1P.230
Freight no estimate posfL - Cos t facr lat
ble 4 months..
Other xpon-' To covor mcoa-' 1 To OD Vor min
(Iit-ur neous oxponditurc neoos ox~pnditur
0 r I _ tur
TOTA; _70,000 z
7' 5£
14pC,77
-t9 4
!I)
,. __ t
IU05 - ANNEX IV
Budget Estimates for Contracting Parties 1950
assuming the services of acperts and Consul-
tants will not be required by the Contracting
Parties.
GATT 4th Session
Tariff Negotiations
Other Meetings
33,750
70,000
7,OOC
110,750
TOTAL 0F PART I
Part II: Secretariat
Common Staff Costs
GATT 4th Session
Tariff ITegotiations
Remainder of 1950
18,133.75
48,362.00
43,652.89
110,148.64
Travel
Travel on official
business
Commun icati ons
Prin ting
Fre ight
Common Services
Office Rooms
Documents TReproduction
Reimbursement to UJT for
Administrative and
Financial Services
Other Services
2,500
7,500
1,500
2,920
6,075
2,471
3, 7!5
TOTAL OF PART II
138,864.64
Total of Parts I and II
249,614.64
Part III: Unforeseen
15% of foregoir-
37,440.00
37,440.00
287,054.64
110,750
2,000
2,000
15,216
!art I: Meetings
r 4,0
T 0 T A L |
|
GATT Library | yz098py4764 | Draft memorandum on tariff negotiations : Third draft. To be held in [Geneva] commencing 28 September, 1950 | August 22, 1949 | 22/08/1949 | official documents | GATT/CP.3/WP.10/4 and GATT/CP.3/WP.10/1,3-7 WP.10/4/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/yz098py4764 | yz098py4764_91870584.xml | GATT_143 | 2,229 | 14,864 | RESTRICTED
GATT/CP.3/WP.10/4
THIRD DRAFT 22 August 1949
DRAFT MEMORANDUM ON TARIFF NEGOTIATIONS
To be held in [Geneva] commencing 28 September, 1950
I. Purpose of the Negotiations
The Contracting Parties to the General Agreement on Tariffs and
Trade will hold a third set of tariff negotiations commencing on
28 September 1950 at [Geneva, Switzerland]. These negotiations will
include three categories:
(a) Negotiations directed towards the accession of countries
not included among those which have or may become contracting parties
as a result of the 1947 and 1949 negotiations. In most cases these
countries are or will be enjoying the benefit of the tariff reductions
resulting from those negotiations, but even so they may welcome the
opportunity to obtain these benefits in their own right and to negotiate
for further concessions on the products of most interest to them.
Consequently, it is anticipated that an acceding government will be
prepared to negotiate with any contracting party and with any other
acceding government.
(b) Negotiations between contracting parties which participated
in the Geneva and Annecy conferences without concluding bilateral
negotiations and wish to enter into tariff negotiations during 1950.
(c) Negotiations between contracting parties which concluded
tariff negotiations at Geneva or Annecy and desire to enter into
negotiations for new or additional reciprocal tariff concession.*
* It is not contemplated that these negotiations will be the
occasion for upward adjustments in the rates of duty specified
in the schedules to the Agreement. However, the presence of
delegations of the contracting parties may provide the
opportunity for those countries which wish to do so, to undertake
consultations in accordance with the provisions of Article XXVIII
of the Agreement. GATT/CP.3/WP.10/4
page 2
With regard to (a), telegrams were despatched on [ ]
September to the following countries which accepted the invitation to
participate in the Havana Conference and which are eligible for member-
ship in the ITO according to the provisions of Article 71 of the
Charter :
American Republics Europe Middle and Far East
Argentina Austria Afghanistan
Bolivia Iceland Egypt
Costa Rica Ireland Iran
Ecuador Poland Iraq
El Salvador Portugal Philippines
Guatemala Switzerland Transjordan
Mexico Turkey
Panama
Paraguay
Peru
Venezuela
The telegrams were addressed also to countries which did not have
the opportunity of participating in the Havana Conference because
they did not receive an invitation to so participate, namely Israel
and Nepal.
All of those countries were asked whether they would be interested
in participating in tariff negotiations, expected to commence on
28th September 1950, with a view to acceding to the General Agreement
should such negotiations be decided upon. The following indicated
that they would be interested:-----------And the following said they
ware not interested: -------- *
[A paragraph to be considered at the London meeting with
respect to the inclusion of Western Germany, Japan and Korea]
* This paragraph will be completed when replies to the enquiry have
been received. GATT/CP.3/WP.10/4
Page 3
In order that all the countries concerned may have time to
make the necessary preparations for the negotiations which will
commence in [Geneva] on 28 September 1950, the Secretariat will notify
by telegraph, not later than 15 November 1949 a list of the governments
which have accepted the invitation of the CONTRACTING PARTIES.
II Scope of the Negotiations.
It is intended that the countries participating in the negotiations
in 1950 will propose for negotiation those of their products of which
they individually, or collectively, are, or are likely to be, the
principal suppliers to the countries from which the concessions are
asked. This will apply to negotiations between contracting parties
and in the case of a new acceding government, the latter will be
expected to consider the grant of concessions, as a general rule, on
products of which any participating country or any group of participating
countries, is, or is likely to be, the principal supplier, And a
contracting party will, as a general rule, be expected to consider the
grant of concessions on products of which any acceding country by itself
or together with other participating countries, constitutes, or is likely
to constitute, the principal source of supply.
The Havana Charter provides that, in addition to customs tariffs
and other charges on imports and exports, certain regulations, quotas,
protection afforded through the operation of import and export monopolies,
etc. shall be subject to negotiation in the manner provided in Article 17.
The relevant provisions are contained in Articles 16 (including the
Annexes thereto), 18, 19 and 31. Accordingly, requests may be submitted
for concessions in respect of matters covered by these provisions in the
same way as requests for tariff concessions.
III. Methods of Negotiation
1. The negotiations will be conducted in accordance with the rules
set forth in paragraph 2 of Article 17 of the Havana Charter, i.e.:-
(a) The negotiations shall be conducted on a selective product-by-
product basis which will afford adequate opportunity to take into account
the needs of individual countries and individual industries.
Participating governments will be free not to grant concessions on
particular products and, in the granting of a concession, they may
reduce the duty, bind it at its then existing level, or undertake not
to raise it above a specified higher level. GATT/CP.3/WP.10/4
Page 4
(b) No participating government shall be required to grant
unilateral coneessions, or to grant concessions to other governments
without receiving adequate concessions in return. Account shall be
taken of the value to any government of obtaining in its own right
and by direct obligation the indirect concessions already embodied in
the Schedules to the General Agreement.
(c) In negotitions relating to any specific product with
respect to which a preference applies,
(i) when a reduction is negotiated only in the most-
favoured-nation rate, such reduction shall operate automatically to
reduce or eliminate the margin of preference applicable to that product;
(ii) when a reduction is negotiated only in the
preferential rate, the most-favoured-nation rate shall automatically
be reduced to the extent of such reduction;
(iii) when it is agreed that reductions will be negotiated
in both the most-favoured-nation rate and the preferential rate, the
reduction in each shall be that agreed by the parties to the negotiations
and
(iv) no margin of preference shall be increased.
(d) The binding against increase of low duties or of duty-
free treatment shall in principle be recognized as a concession
equivalent in value to the substantial reduction of high duties or the
elimination of tariff preferences.
(e) Prior international obligations shall not be invoked to
frustrate negotiations with respect to preferences, it being understood
that agreements which result from such negotiations and which conflict
with such obligations shall not require the modification or termination
of such obligations except with the consent of the parties to such
obligations, or in the absence of such by modification or termination
of such obligations in accordance with their terms.
2. An important consideration to be taken into account by the
acceding governments in their negotiations with contracting parties
is the indirect benefit they are enjoying as a result of the concessions GATT/CP.3/WP.10/4
Page 5
exchanged by the latter at Geneva and Anneey. It will be
expected, therefore, that in granting tariff concessions acceding
governments will be expected to take into consideration these
indirect benefits and those which will result from new negotiations
among contracting parties. Similarly, all the participating
governments will be expected to take into consideration the
indirect benefits which they will receive from the negotiations
between the acceding governments themselves and between them and
to the contracting parties.
3. In order to ensure the success of the negotiations, the
participating governments shall refrain from increases in tariffs
and other protective measures inconsistent with the principles of
the Havana Charter and designed to improve the bargaining position
of these governments in preparation for the negotiations. As a
general rule, the basis for negotiations shall be the rates of
duty in effect on 15 November 1949.
4. In exceptional cases a country may find that a general
revision of its tariff prior to the negotiations is unavoidable.
In making any such revision, the country concerned should have regard
to the principles stated in the preceding paragraph. In the event of
a change in the form of tariff or a general revision of rates of duties
to take account of either a rise in prices or the devaluation of the
currency of the country which has introduced the new tariff, the
effects of such change or such revision would be a matter for
consultation between the acceding country and the other participating
countries, acting jointly, in order to determine first, the change,
if any, in the incidence of the duties of the country concerned, and
secondly, whether the change affords a reasonable basis for a
reciprocal and mutually advantageous conclusion of the negotiations.
Moreover, except in special circumstances, any general revision in
tariff nomenclature of rates of duty shall not be considered a
satisfactory basis for negotiations unless it has been promulgated
prior to 28 September, 1950. GATT/CP.3/WP.10/4
page 6.
IV. Timetable for the Negotiations
1. At the earliest possible date and in no case later than 22
November, 1949, each participating government will send to each
other participating government and to the Secretariat, three
copies of its current customs tariff, details of other import
charges or taxes and one copy (if possible, three) of its annual
import trade statistics for postwar years. In addition, it is
requested that every effort should be.made to supply average
import statistics for 1936 to 1938 or, if this is not possible,
statistics for 1936, 1937 and 1938, or if neither of these is
possible, statistics for the most representative pre-war year.
Governments which participated in the Geneva and/or Annecy
negotiations will not be expected to supply copies to governments
to which they were supplied on those previous occasions, but
they will be expected to supply details of subsequent tariff
changes and copies of any more recent trade statistics that may
be available. In cases where transmission by surface post will
occupy more than one week, the documents should be despatched
by air mail. Each participating government will advise the
other participating governments and the Secretariat, by telegram,
the particulars of the documents despatched and the date and
method of despatch.
2. Not later than 15 January, 1950 each participating
government will transmit, by the most expeditious means available,
to each other participating government, with which it wishes to
negotiate, a list of the products on which it intends to
request concessions. Sixty copies of each list will be sent
simultaneously to the Secretariat for distribution to the other
participating governments. In order to facilitate preparations
for the negotiations it is important that the date of 15 January
be adhered to. The United States Government is required by its
statutory procedure to give public notice of all items in its
tariff which are to be the subject of negotiations, and therefore
it will not be possible for that government to enter into
negotiations on any products which are not included in these
lists. A similar situation may exist for certain other
governments and therefore items not included in these lists
may be excluded from the negotiations. GATT/CP.3/WP.10/4
Page 7
3. Not later than 15 June, 1950, each government will transmit to
each other participating government a final list of the tariff and
other concessions which it requests from that government. Sixty
copies of each list will be sent simultaneously to the Secretariat
for distribution to the other participating governments, It is strongly
recommended that all countries send their lists as early as possible in
advance of 15 June, 1950.
4. On 28 September, 1950 - that is, on the first day of the meeting
in [Geneva] - each government should be ready to make known the
concessions it is prepared to offer to each government from which a
request for concessions was received. These offers should include an
indication of the existing and of the proposed rate of duty on each
item. When the offers have been exchanged, negotiations between pairs
of delegations will begin.
5. It will be understood that any two participating governments may
arrange between themselves to conduct bilateral talks in advance of the
multilateral negotiations in [Geneva]. In that event the exchange of
requests and offers may be arranged to take place at earlier dates
than those stipulated above. In the event that bilateral talks should
be successfully concluded prior to 28 September, 1950 the results will
be reported at the opening of the [Geneva] meeting.
V. Procedures at [Geneva]
In accordance with the successful procedure adopted at Geneva in
1947 and at Annecy in 1949, a "Tariff Negotiations Working Party" will
be established at the opening of the conference. This Working
Party will be responsible for ascertaining the progress of the
negotiations and will make recommendations on questions of procedure and
other matters connected with the conduct and the conclusion of the
negotiations. In addition, arrangements will be made to prevent the
disclosure of confidential material.
Each participating government will prepare for distribution through
the Secretariat a consolidated list of the concessions it has granted
and a supplementary list showing the country or countries with which
each concession was initially negotiated. When all the negotiations
are completed the accession of governments, not previously contracting
parties, will be effected by appropriate instruments. The concessions
granted will thereby be incorporated in the Agreement. |
|
GATT Library | rd542qp5587 | Draft memorndum on tariff negotiations : Fourth draft. To be held in [Geneva] commencing 28 September, 1950 | August 26, 1949 | 26/08/1949 | official documents | GATT/CP.3/WP.10/4/Rev.1 and GATT/CP.3/WP.10/1,3-7 WP.10/4/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/rd542qp5587 | rd542qp5587_91870585.xml | GATT_143 | 2,258 | 15,055 | RESTRICTED
GATT/CP.3/WP.10/4/Rev.1
26 August 1949
ORIGINAL : ENGLISH
FOURTH DRAFT
DRAFT MEMORNDUM ON TARIFF NEGOTIATIONS
To be held in [Geneva] commencing 28 September, 1950
I. Purpose of the Negotiations
The Contracting Parties to the General Agreement on Tariffs and
Trade will hold a third set of tariff negotiations commencing on
28 September 1950 at [Geneva, Switzerland]. These negotiations will
include three categories:
(a) Negotiations directed towards the accession of
countries not included among those which have or may become contracting
parties as a result of the 1947 and 1949 negotiations. In most cases
these countries are or will be enjoying the benefit of the tariff
reductions resulting from those negotiations, but even so they may
welcome the opportunity to obtain these benefits in their own right
and to negotiate for further concessions on the products of most
interest to them. Consequently, it is anticipated that an acceding
government will be prepared to negotiate with any contracting party
and with any other acceding government.
(b) Negotiations between contracting parties which
participated in the Geneva and Annecy conferences without concluding
bilateral negotiations and wish to enter into tariff negotiations
during 1950.
(c) Negotiations between contracting parties which
concluded tariff negotiations at Geneva or Annecy and desire to
enter into negotiations for new or additional reciprocal tariff
concession.*
* It is not contemplated that these negotiations will be the
occasion for upward adjustments in the rates of duty specified
in the schedules to the Agreement. However, the presence of
delegations of the contracting parties may provide the
opportunity for those countries which wish to do so, to undertake
consultations in accordance with the provisions of article XXVIII
of the Agreement. GATT/CP.3/WP.10/4/Rev.1
page 2
With regard to (a), a communication was addressed on 29th
August to the following countries, which accepted the invitation
to participate in the Havana Conference and which are eligible
for membership in the ITO according to the provisions of
Article 71 of the Charter, informing them that the possibility
of arranging for a third set of tariff negotiations in the
autumn of 1950 is likely to be considered by the Contracting
Parties and forwarding for their information a copy of the
Memorandum on the Annecy negotiations (GATT/CP.2/26) :
American Republics Europe Middle and Far East
Argentina Austria Afghanistan
Bolivia Iceland Egypt
Costa Rica Ireland Hashimite Jordan Kingdom
Ecuador Poland Iran
El Salvador Portugal Iraq
Guatemala Switzerland Philippines
Mexico Turkey
Panama
Paraguay
Peru
Venezuela
This communication was addressed also to countries which
did not have the opportunity of participating in the Havana
Conference because they did not receive an invitation to so
participate, namely Israel and Nepal.
Telegrams are being dispatched.to all of those countries
asking whether they would be interested in participating in
tariff negotiations, expected to commence on 28th September
1950, with a view to acceding to the General Agreement should
such negotiations be decided upon, On [ ] the
contracting parties will be informed of the replies received.
[A paragraph to be considered at the London meeting
with respect to the inclusion of Western Germany,
Japan and Korea] GATT/CP.3/WP.10/4/Rev.1
page 3
In order that all the countries concerned may nave time to
make the necessary preparations for the negotiations which will
commence in [Geneva] on 28 September 1950, the Secretariat will
notify by telegraph, not later than 15 November 1949 a list of the
Governments which have accepted the invitation of the CONTRACTING
PARTIES.
II. Scope of the Negotiations
It is intended that the countries participating in the negotiations
in 1950 will propose for negotiation those of their products of which
they individually, or collectively, are, or are likely to be, the
principal suppliers to the countries from which the concessions are
asked. This will apply to negotiations between contracting parties
and in the case of a new acceding government, the latter will be
expected to consider the grant of concessions, as a general rule, on
products of which any participating country or any group of participating
countries, is, or is likely to be, the principal supplier. And a
contracting party will, as a general rule, be expected to consider the
grant of concessions on products of which any acceding country by itself
or together with other participating countries, constitutes, or is likely
to constitute, the principal source of supply.
The Havana Charter provides that, in addition to customs tariffs
and other charges on imports and exports, certain regulations, quotas,
protection afforded through the operation of import and export monopolies,
etc. shall be subject to negotiation in the manner provided in Article 17.
The relevant provisions are contained in Articles 16 (including the
Annexes thereto), 18, 19 and 31. Accordingly, requests may be submitted
for concessions in respect of matters covered by these provisions in the
same way as requests for tariff concessions.
III. Methods of Negotiation
1. The negotiations will be conducted in accordance with the rules
set forth in paragraph 2 of Article 17 of the Havana Charter, i.e.
(a) The negotiations shall be conducted on a selective product-by-
product basis which will afford adequate opportunity to take into account
the needs of individual countries and individual industries Participating
governments will be free not to grant concessions on particular products
and, in the granting of a concession, they may, reduce the duty, bind it at GATT/CP.3/WP.10/4/Rev.1
page 4
its then existing level, or undertake not to raise it above a specified
higher level.
(b) No participating government shall be required to grant
unilateral concessions, or to grant concessions to other governments
without receiving adequate concessions in return. Account shall be taken
of the value to any government of obtaining in its own right and by
direct obligation the indirect concessions already embodied in the
Schedules to the General Agreement.
(c) In negotiations relating to any specific product with respect
to which a preference applies,
(i) when a reduction is negotiated only in the most-favoured-
nation rate, such reduction shall operate automatically to reduce or
eliminate the margin of preference applicable to that product;
(ii) when a reduction is negotiated only in the preferential
rate, the most-favoured-nation rate shall automatically be reduced to
the extent of such reduction;
(iii) when it is agreed that reductions will be negotiated in
both the most-favoured-nation rate and the preferential rate, the
reduction in each shall be that agreed by the parties to the negotiations;
and
(iv) no margin of preference shall be increased.
(d) The binding against increase of low duties or of duty-free
treatment shall in principle be recognized as a concession equivalent in
value to the substantial reduction of high duties or the elimination of
tariff preferences.
(e) Prior international obligations shall not be invoked to frustrate
negotiations with respect to preferences, it being understood that
agreements which result from such negotiations and which conflict with
such obligations shall not require the modification or termination
of such obligations except with the consent of the parties to such
obligations, or in the absence of such by modification or termination
of such obligations in accordance with their terms.
2. An important consideration to be taken into account by the acceding
governments in their negotiations with contracting parties is the
indirect benefit they are enjoying as a result of the concessions GATT/CP.3/WP.10/4/Rev.1
Wage 5
exchanged by the latter at Geneva and Annecy. It will be expected,
therefore, that in granting tariff concessions acceding governments
will take into consideration these indirect benefits and those which
will result from new negotiations among contracting parties.
Similarly, all the participating governments will be expected to take
into consideration the indirect benefits which they will receive from
the negotiations between the acceding governments themselves and
between them and the contracting parties.
3. In order to ensure the success of the negotiations, the
participating governments shall refrain from increases in tariffs
and other-protective measures inconsistent with the principles of
the Havana Charter and designed to improve the bargaining position
of these governments in preparation for the negotiations. As a
general rule, the basis for negotiations shall be the rates of
duty in effect on 15 November 1949.
4, In exceptional cases a country may find that a general
revision of its tariff prior to the negotiations is unavoidable.
In making any such revision, the country concerned should have regard
to the principles stated in the preceding paragraph. In the event of
a change in the form of tariff or a general revision of rates of duties
to take account of either a rise in prices or the devaluation of the
currency of the country which has introduced the new tariff, the
effects of such change or such revision would be a matter for
consultation between the acceding country and the other participating
countries, acting jointly, in order to determine first, the change,
if any, in the incidence of the duties of the country concerned, and
secondly, whether the change affords a reasonable basis for a
reciprocal and mutually advantageous conclusion of the negotiations.
Moreover, except in special circumstances, any general revision in
tariff nomenclature of rates of duty shall not be considered a
satisfactory basis for negotiations unless it has been promulgated
prior to 28 September, 1950. GATT/CP.3/WP.10/4/Rev.1
page 6.
IV. Timetable for the Negotiations
1. At the earliest possible date and in no case later than 22
November, 1949, each participating government will send to each
other participating government and to the Secretariat, three
copies of its current customs tariff, details of other import
charges or taxes and one copy (if possible, three) of its annual
import trade statistics for postwar years. In addition, it is
requested that every effort should be made to supply average import
statistics for 1936 to 1938 or, if this is not possible, statistics
for 1936, 1937 and 1938, or if neither of these is possible, stat-
istics for the most representative pre-war year. Governments which
participated in the Geneva and/or Annecy negotiations will not be
expected to supply copies to governments to which they were supplied
on those previous occasions, but they will be expected to supply
details of subsequent tariff changes and copies of any more recent
trade statistics that may be available. In cases where transmission
by surface post will occupy more than one week, the documents should
be despatched by air mail. Each participating government will
advise the other participating governments and the Secretariat, by
telegram, the particulars of the documents despatched and the date
and method of despatch.
2. Not later than 15 January, 1950 each participating government
will transmit, by the most expeditious means available, to each other
participating government, with which it wishes to negotiate, a list
of the products on which it intends to request concessions. Sixty
copies of each list will be sent simultaneously to the Secretariat
for distribution to the other participating governments. In order to
facilitate preparations for the negotiations it is important that the
date of 15 January be adhered to. The United States Government is
required by its statutory procedure to give public notice of all items
in its tariff which are to be the subject of negotiations, and therefore
it will not be possible for that government to enter into
negotiations on any products which are not included in these lists.
A similar situation may exist for certain other governments and
therefore items not included in these lists may be excluded from the
negotiations. GATT/CP.3/WP.10/4 Rev.1
page 7
3. Not later than 15 June, 1950, each government will transmit to
each other participating government a final list of the tariff and
other concessions which it requests from that government. Sixty
copies of each list will be sent simultaneously to the Secretariat
for distribution to the other participating governments. It is
strongly recommended that all countries send their lists as early as
possible in advance of 15 June, 1950.
4. On 28 September, 1950 - that is, on the first day of the meeting
in [Geneva] - each government should be ready to make known the
concessions it is prepared to offer to each government from which a
request for concessions was received. These offers should include
an indication of the existing and of the proposed rate of duty on
each item, When the offers have been exchanged, negotiations between
pairs of delegations will begin.
5. It will be understood that any two participating governments may
arrange between themselves to conduct bilateral talks in advance of
the multilateral negotiations in [Geneva]. In that event the exchange
of requests and offers may be arranged to take place at earlier dates
than those stipulated above. In the event that bilateral talks should
be successfully concluded prior to 28 September, 1950 the results will
be reported at the opening of the [Geneva] meeting.
V. Procedures at [Geneva]
In accordance with the successful procedure adopted at Geneva in
1947 and at Annecy in 1949, a "Tariff Negotiations Working Party" will
be established at the opening of the conference. This Working Party
will be responsible for ascertaining the progress of the negotiations
and will make recommendations on questions of procedure and other
matters connected with the conduct and the conclusion of the
negotiations. In addition, arrangements will be made to prevent the
disclosure of confidential material.
Each participating government will prepare for distribution
through the Secretariat a consolidated list of the concessions it
has granted and a supplementary list showing the country or countries
with which each concession was initially negotiated. When all the
negotiations are completed the accession of governments, not previously
contracting parties, will be effected by appropriate instruments,
The concessions granted will thereby be incorporated in the Agreement. |
|
GATT Library | yg375nz8577 | Draft protocol for the accession of governments participating in the tariff negotiations at Anncy, France, in 1949 : Revised Draft | General Agreement on Tariffs and Trade, May 2, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 02/05/1949 | official documents | GATT/CP.3/WP.1/7 and GATT/CP.3/WP.1/1-10/Add.1 WP.1/5/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/yg375nz8577 | yg375nz8577_91870521.xml | GATT_143 | 1,642 | 10,202 | RESTRICTED
GENERAL AGREEMENT ON TARIFFS AND TRADE
GATT/CP.3/WP.1/7
2 May, 1949
ORIGINAL: ENGLISH
Contracting Parties
Third Session
DRAFT PROTOCOL FOR THE ACCESSION
OF GOVERNMENTS PARTICIPATING IN THE TARIFF NEGOTIATIONS
AT ANNCY FRANCE, IN 1949
Revised Draft
The Governments of . . . . . . . . . . . . . . . . . . . Whioh
are the present contracting parties to the General Agreement on
Tariffs a and Trade which is annexed to the Final Act of the Second
Session of the Preparatory Committee of the United Nation Conference,
on Trade and Enployment (hereinafter called "the present contracting
parties" and "the General Agreement" respectively), and the
Governments of. . . . . . . . . . . . . . . . . . . . (hereinafter
called "the acoeding governments").
HAVING carried out negotiations directed towards the accession
of the acceding governments to the General Agreement in accordance
with the provisions of Article XXXIII thereof.
HAVING agreed the terms on which the acceding governments may
so accede whioh terms have been approved by a decision taken by the
present contracting parties at their Third Sossion and are embodied
in this Protocol,
HEREBY AGREE AS FOLLOWS :
1. Subject to the provisions of this Protocol, each of the acceding
governments shall, [upon the entry into force of this Protcol
with rospect to it]* apply provisonally:
*This is placed in square brachets pending a decision upon
the terms of paragraph 9. (i) Parts I and III of the General Agreement, and
(ii) Part II of the General Agreement to the fullest extent
not inconsistent with legislation existing on the date
of this Protocol;
2. (a) The Schedules which are appropriate for the purposes
of the Gcneral agreement in respect of the acceding
governments shall be those contained in annex A to
this Protocol.
(b) upon the. entry into force of this Protocol with res-
pect to each acceding government, that government shall
become a contracting party as defined in article XX XII
of the General Agrement.
, [3 Fronm the date upon which this Protocol enters into force with
respect to any present contracting party such contracting party
shall extend to each acceding government which has signed this
Pro tool, or in respect of any acceding government which signs
at a later date, on the thirtieth day following that date, the
benefit of the concessions provided for in the appropriate
schedule, contained In annex B to this Protocol. Upon such ex-
tension that schedule shall be regarded as a schedule to the
General agreement relating to that contracting party]*
4. Any government which signs this Protocol shall be free to with-
hold in whole or in part any concessior., provided for in the
* The Working Party has agreed that suitable amendments be intro-
duced in this paragraph to postpone the putting into force of
the concessions referred to in this paragraph for thirty days.
Appropriate language can be devised after a decision is taken by
the Working Party on paragraph 9. -3-
4.
appropriate Schedule contained in annex A or B to this
Protocol, in respect of which such government determines that
it was initially negotiated with a contracting party or an
acceding government which has not signed this Protocol: Provided
that the government withholding in whole or in part any such
concession shall give notice to all other present contracting
parties and acceding governmnts within thirty days from the
day on which this Protocol enters into force with respect to
such government and, upon request, shall consult with the pre-
sent contracting parties and acceding governments which have a
substantial interest in the product concerned; and Provided
further that, without prejudice to the provisions of Article
XXXV of the General Agreement, any concession which has been so
withheld shall be applied from the date upon which the contrac-
ting party or aceding government with which it was initially
negotiatied signs this Protocols*
5. [The dates "1 September 1947," " 10 October 1947" and "January 1;
1951" specified in paragraph 11 of article XVIII and paragraph 1
of article XXVIII of the General agreement respectively shall;
in respect of each acceding government which becomes a contrac-
ting party pursuant to this Protocol, be extended to "May 1,
1949, "June 15, 1949" and "Saptember 1,1952".]**
* See note to paragraph 3 above.
** This paragraph has been placed in brackets pending consideration
of all the dates mentioned in the General Agreement in order to
ascertain their relevancy in connection with this Protocol. -4-
alternative A
6. The provisions of the General Agreement to be applied by an
acceding government shall be those contained in the annexure
to the Final Act above mentioned as rectified, amended, or
otherwise modified on the date of signature of this Protocol
by such acceding government. Signature of this Protocol by
an acceding Government to be effective, shall be preceded or
accompained by appropriate action accepting any such rsotification,
amendment, or modification which has not become effective by the
date of entry into force of this Protocol as regards that acce-
ding government.
Alternative B
6 (a) The provisions of the General Agrement to be applied by an
acceding government shall be those contained in the annexure to
the Final Act above mentioned as modified by the protocols men-
tione d in sub-parngraphs B (I), ( II), (III), (v), (vi) and (vii)
and by each of the protocols menti ned in sub-paragraph (b) (i),
(ii), (iii), (v),(vi), and (vii), and by each of the protocols
mentioned in sub-paragrph (b) (iv) and (c) when it comes into
force.
(b) Signature of this protocol by an acceding government shall
be regarded as acceptance by that government of the following
protocols:-
(i) Protocol modifying certain provisions of the General
Agreoment on Tariffs and Trade, signed at Havana on
24th March 1948;
(ii)Special protocol relating to Article XXIV of the
General Agreement on Tariffs and Trade signed at
Havana on 24th March 1948;
(iii)Special protocol modifying Article XIV of the General
Agrement on Tariffs and Trade, signed at Havana on
the 24th March 1948;
(iv) Protocol amending Part I and article XXIX of the General
Agreement on Tariffs and Trade, signed at Ganeva on the
14th September 1948; - 5
(v) Protocol modifying Part II and Article XXVI
the General Agreement on Tariffs and Trede signed.
at Geneva on 14th September 1948;
(vi) Protocol of Rectifi cations to the General
on Tariffs and Trade signed at Havara on
March, 1948;
(vii) Second Protocol of Rectification to the General
Agreement on Tariffs and Trade signed at Ga.:.
on 14th September, 1948;
(c) Signature of this Protocol by an aceding government
to be effective, shall be proceded or accompanied by _ . ate
action accepting any other protocol modifying the Gen_
Agreement which shall. have been drawn up .y the data i
signature by such acceding government.
7. Any acceding government which has signed this protocol
shall be free to withdraw its provisional appliction
General Agreement and such withdrawal shall take effect r}xe
sixtieth day following the day on which written notice .. h
withdraw'al is received by the Secretary-General of the
Nations
8. Any acceding govornment Which has signed this protocol
and has not given notice of withdrawal under paragraph
on or after the date on which the General Agreement o&is.
into force, accede to the Agremrnnt upon the terms coi n- in
paragraphs......... of this Protocol by deposit of 1 U. mL-z'aent
of Accession with the Secretary-General of the United .\ D;i.os,
who will inform all interested governments of each
Such accession shell take effect on the date on which the
General Agreement enters into force, or on the thirty: ^ L day
following the deposit of the . instrument of Accession-. c :ver
shall be the earlier. - 6 -
9. Each of the acceding governments applying provisionally, or
acceding to the General Agreement does so in respect of its metro-
politan territory and of the other territorios for which it has
international responsibility; Provided that it may at the time of
acceptance declare that any separate customs territory for Which it
has international responsibility possesses full autonomy in the
conduct of its external commorcial rclations and of the other
matters provided for in this Agreement, and that its acceptance does
not relate to such territory; and Providod further that if any of the
customs territories on behalf of which a contracting party has
accepted this Agrooment possesscs or acquires full autonomy in the
conduct of its external commercial relations and of the other matters
provided for in this agreement, such territory shall, upon sponsor-
ship through a declaration by the responsible contracting party cs-
tablishing the above-mentioned fact beemed to be a contracting
party.
10. The original of this Protocol shall be deposited with the
Secretary-Genral of the United Nations, who will furnish certified
copies thereof to all interested governments. The Secretary-General
is authorized to register this Protocol as from the date upon which
it first enters into foroe This Protocol shall first enter into
force upon the date upon which it will have been signed by:
Alternative A - any three contracting parties;
Alternetive B - The Governments of the Commonwcalth of Australia,
the Kingdom of Belgium, Carda, the French
Republic, the Grand-Duchy of Luxemburg. the Kingdom
of the Netherlands, the United Kingdom of Great
Britain and Northern Ireland and the United States
of America, -7-
and by any one of the acceding governments. From that
it shall bind the signatory governments. Thereafter
it shall come into force for each other contracting
party and for each other acceding government upon
the date of signature by such contracting party or
acceding government.
DONE at Annecy in a single copy, in the English and
French languages, both texts authentic, this.......day Of......
One thousand nine hundred and forty-nine. |
GATT Library | vq053hy9189 | Draft report | General Agreement on Tariffs and Trade, May 10, 1949 | General Agreement on Tariffs and Trade (Organization), Contracting Parties, and Working Party 1 on Accession | 10/05/1949 | official documents | GATT/CP.3/WP.1/1O and GATT/CP.3/WP.1/1-10/Add.1 WP.1/5/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/vq053hy9189 | vq053hy9189_91870524.xml | GATT_143 | 5,099 | 32,530 | GENERAL AGREEMENT ACCORD GENERAL SUR RESTRICTED LIMITEDE C
0N TARIFFS AND LES TARIFS DOUANIERS GATT/CP.3/WP.1/1O
TRADE ET LE COMMERCE 10 May 1949
ORIGINAL: ENGLISH
CONTRACTING PARTIES
THIRD SESSION
WORKING PARTY I ON ACCESSION
DRAFT REPORT
1. Introduction.
The Working Party first discussed whether it should proceed on the
basis of the drafts presented by the Secetariat, namely GATT/CP.3/W.1
and GATT/CP.3/W-1/Add-1, which consisted of a draft decision by the
CONTRACTING PARTIES and a draft protocol embodying the terms of
accession in the form of a collateral contract to the General Agreement
on Tariffs and Trade. An alternative form suggested by the repre-
sentative of the United States was a decision of the CONTRACTING PARTIES
and a protocol embodying the terms of accession together with
consequential modifications to the text of the General Agreement.
The Working Party also examined the statement by the United Kingdom
delegation on the necessary steps for accession to the General Agreement
as set out in GATT/CP.3/WP l/4.
As the United States proposal raised doubts in the minds of some
members of the Working Party on legal issues arising out of the
relationship between Artizle XXX, concerning amendments to the Agreement,
and Article XXXIII, relating to accession, it was decided, without
prejudice to these legal issues, to proceed on the basis of the
Secretariat drafts.
At the same time the Working Party expressed its indebtedness to
the representative of the United States who, in the course of the
presentation of his proposals, made a number of important suggestions GATT/CP.3/WP. 1/10
page 2
which have been incorporated in the text submitted.
2. Explanatory Notes on the Draft Decision and Protocol Annexed
to this Report.
(a) Draft Decision relating to Accssion
The Working Party has modified the draft submitted by the
Secretariat in GATT/CP.3/W.1/Add.1 so that it is more clearly framed as a
Decision of the CONTRACTING PARTIES with specific reference both to
Article XXXIII, under which the Decision is made, and the majority
required by that Article. Secondly, that part of the Secretariat
draft resolution regarding the early signature of the Protocol of
Accession has been amended to be a recommendation and also to contain
alternative proposals regarding the date by which the Protocol should be
signed. The reasons for this are given in a note to the draft
Decision. Provision has also been made for the authenticity of the
texts of the Decision and Protocol to be certified.by the Chairman of
the CONTRACTING PARTIES.
(b) Draft Protocol of Accession
Title
The Working Party has recommended that the Protocol be known as the
"Annecy Protocol of Accession to the General Agreement on Tariffs and
Trade"
General
The Protocol has been drafted with the object of placing an acceding
government in substantially the same position as a present contracting
party. Upon the entry into force of the Protocol for an acceding
government that government will be required to apply the General Agree-
ment provisionally on terms similar to those on which the present
contracting parties are applying the Agreement under the Protocol of
Provisional Application. The acceding government will become a
contracting party and will therefore enjoy the benefits of the General
Agreement. Provision is also made for it to enjoy and to grant the GATT/CP.3/WP.1/10
page 3
concessions negotiated at Annecy which are annexed to the Protocol.
Upon the entry into force of the General Agreement under Article XXVI an
acceding government will be entitled to accede definitively to the
Agreement in much the same way as a present contracting party can accept
it definitively under that Article.
Paragraphs 1, 2, 3, 4 and 11 - Entry into Force
In accordance with the objectives described above, the Working Party
considered first the alternative methods of bringing the Protocol into
force, which were set out in paragraph 9 of GATT/P.-3/W.1. It was
recognized that after the Decision had been taken it was in principle
desirable that an acceding government should receive, upon its signature
of the Annecy Protocol and the lapse of the period provided for therein,
the benefits under the General Agreement on Tariffs and Trade as a
contracting party. On the other hand, it was recognized that it would
be desirable, if only for reasons of presentation, that there should be
signature by a minimum number of contracting parties before the Protocol
initially entered into force.
Accordingly, alternative provisions regarding numbers of signatures
have been inserted in paragraph 11 of the Protocol and the Working Party
proposes that present contracting parties should be asked which of thee
will be in a position to sign the Protocol without qualification at the
conclusion of the current negotiations, and thus bring the Annecy
concessions into effect sixty days thereafter. If any appreciable
number is prepared to do so, it is suggested that this number be included
in paragraph 11, or alternatively, without specifying a number of
signatures, that the Protocol be opened for signature at Annecy at the
close of the present Conference so that upon signature there by those
present contracting parties and by one acceding government, the Protocol
will, sixty days subsequent thereto, initially enter into force. If
no appreciable number of present contracting parties is in a position to GATT/CP.3/WP. 1/10
page 4
give an unqalified signature at the end of the Conference then the
Protocol should not be opened for signature at Annecy but should be opened
for signature- at the Headquarters of the United Nations and enter into
force upon signature-:by a minimum number of present contracting parties
and one acceding government. The minimum number of present contracting
parties could be determined on the basis of the replies given to the
question regarding the probable date of signature, and an agreed minimum
number should then be provided for in paragraph 11.
Paragraph 11 goes on to provide for the Protocol to enter into force
for any acceding government, which has not signed thirty days before its
initial entry into. force on the thirtieth day following signature by
that government.
It is provided in paragraph 2 (b) of the Protocol that any acceding
government, upon the entry into force of the Protocol with respect to it,
shall become a contracting party. Consequently all the benefits
contained in the General Ageetment will be immediately extended to that
government. At the same time, the acceding government becomes
obligated to apply the Agreement provisionally in a manner similar to
that in which the preaent contracting parties apply it under the
Protocol of Provisional Application, with an analagous exception relating
to legislation existing at the date of the Protocol of Accession. It
was considered that although there were argiiments for applying the same
limitation to the exception for existing legislation, namely, that
existing at the date of the Prtocol of Provisional Application, this
might in fact be a oonsiderable obstacle to accession, since it might
require an acceding government to amend legislation enacted prior to the
formal conclusion of the negotiations, which had not been the case for the
present contracting parties at Geneva. The acceding government is
also under an obligation. to apply the concessions negotiated at Annecy
subject, however, to the provisions contained in paragraph 4 for GATT/CP.3/WP,1/1O
page 5
withholding or withdrawing concessions initially negotiated with a
present contracting party or acceding government which has not signed
the Protocol. This withholding provision follows the lines of
Article XXVII of the General Agreement except that provision is made
for notification of the withholding or withdrawing within thirty days.
As regards the concessions negotiated by a present contracting party
these enter into force on the entry into force of the Protocol or on
the thirtieth day following the signature of the Protocol by the
contracting party concerned, whichever is the later, and thereupon the
Schedule containing such concessions by the contracting party
concerned is to be regarded as a Schedule to the General Agreement
relating to that contracting party (see paragraph 3 of the Protocol).
The contracting party is also given withholding and withdrawing
rights under paragraph 4 of the Protocol. Moreover, it was recognised
that even though a contracting party had supported the decision for
the acceasion of new governments, this would not prejudice the
subsequent use in particular cases, of the -provisions of Article XXXV.
In connection with paragraph 3, the representative of Cuba
proposed an amendment to the last sentence of the paragraph, the
effect of which would have been to make the Schedules contained. in
Annex B an integral part of Part I of the General Agreement, as
provided in Article II, paragraph 7 for the Geneva Schedules. He
explained that, in his opinion, under the provisions of Article XXVIII
there could be no modification of any kind, even by way of reduction,
of any rates included in the schedules to the Agreement before
January 1, 1951), except by amendment under Article.XXX requiring the
unanimous consent of all contracting parties.
The other. members of the Working Party, however, considered that
paragraph 3 of the Draft Protocol did not Constitute such an amendment
of the existing schedules to the General Agreement and that, in any GATT/CP. 3/WP.1/10
page 6
case, the Agreement could not be construed to prevent a reduction in
duties below the levels fixed in the schedules to the Agreement. In
particular., the wording of Article II made it clear beyond doubt that
the rates of duty contained in the schedules were only maximum, and not
also minimum rates of duty.
It was also pointed out that the circumstances adduced by the
representative of Cuba in support of his argument might provide the
basis for a claim claim Article XXIII on the ground that a concession or
benefit had been nullified or impaired.
At the request of the representative of Cuba the Chairman, in an
effort to take the sense of the meeting, put the following questions:
Question A - Does a reduction in a rate of duty set forth in
Part I of any Schedule to the General Agreement constitute an amendment
of Part I of the General Agreement?
The representative of Cuba voted "Yes" to this question and the
remaining six members of the Committee abstained on the ground that
Question A did not admit of a simple "Yes" or "No" answer.
Question B - Does the inclusion of a rate of duty in Part I of
any schedule to the General Agreement legally prevent the reduction of
that rate otherwise than by an amendment under Article XXX?
The representative of Cuba voted "Yes" to this question, with the
qualification that unanimous assent could be inferred from the absence
of objection and need not be embodied in a formal instrument; the
representatives of Australia, Beligum, France, the United Kingdom and
the United States voted "No"; the representative of Pakistan
abstained on the grounds that the question was not clear.
Question C - Does a reduction in the level of a duty on a product
of a contracting party set forth in Part I of a thedule to the General
Agreement, or in the margin of preference thereon, negotiated in favour
of a country not a contracting party to the General Agreement call, in GATT/CP.3/WO.1/10
page 7
order that it may be made effective in favour of that contry, for
an amendment of Part I of the General Agreement?
The representatives of Cuba and Pakistan voted "Yes" to this
question and the representatives of Australia, Belgium, France, the
United Kingdom and the United States voted "No". These representatives
were in agreement with the French delegate's interpretation, i.e. that
nothing in the Havana Charter or the General Agreement would prevent
any country from negotiating tariff reductions with a country not a
party to the General Agreement, provided the benefits resulting there-
from were extended to contracting parties to the General Agreement
under the Most-Favoured-Nation clause.
The representatives of Australia and the United Kingdom commented
that in their opinion Question C did not arise in the present cir-
cumstances.
The representative of Cuba submitted to the members of the
Working Party a detailed statement of his views and reserved the
right to raise the matter again in the CONTRACTING PARTIES.
Dates in the General Agreement applicable to acceding governments.
Paragraph 5 of the Protocol contains suggestions for dates
applicable to acceding governments for the purposes of the General
Agreement. In three cases, dates contained in the Havana Charter
have been considered more appropriate than the dates in the General
Agreeieient. In other cases new dates have been suggested with the
object of placing acceding governments in a comparable position to
that in which the present contracting parties were at Geneva, e.g., in
Article II, paragraphs 1(b) and (c) and 6(a) and Article XVIII,
paragraph 11.
Form of Agrement to be applied.
For the purposes of the application of the General Agreement GATT/CP .3/WP .1/10
page 8
by an acceding government in accordance with the Protocol, the form
of the General Agreement is stated in paragraph 6 of the Protocol to
be that contained in the text attached to the Final Act dated
October 30, 1947, as subsequently rectified, amended or otherwise
modified on the date of signature of the Annecy Protocol by that
acceding government. To enable the entry into effect of amendments
to the General Agreement not to be delayed, it is also proposed that
the acceding government, at the time of its signature, should also
deposit an instrument of acceptance for any amendment or other
modification which has been drawn up, and formalized but which has not
at that date become effective.
Withdrawal of Provisibnal Application
Paragraph 7 of the Protocol provides for withdrawal of provisional
application by an acceding government. It is identical with the
provision contained in paragraph 5 of the Protocol of Provisional
Application.
Definitive Accession
Paragraph 8(a) of the Protocol provides for accession to the
Agreement after it has entered into force pursuant to Article XXVI.
By the deposit of an instrument of accession the acceding governments
may accede upon the terms of the Protocol to the Agreement in the
form in which it enters into force pursuant to Article XXVI. This
may or may not be identical with that provisionally applied by acceding
governments under paragraph 1 of the Protocol.
The provision for accession is similar to the procedure for
acceptance contained in Article XXVI and which, by the wording of
paragraph 1 of that Article, applies only to present contracting
parties. GATT/CP. 3/WP.1/10
page 9
As in Article XXXII of the General Agreement, provision has
been made in paragraph 8(b) of the Protocol to allow the then
contracting parties which have accepted or acceded definitively, after
the Agreement has entered into force, to decide that an acceding
government which has not deposited an Instrument of Accession shall
cease to be a contracting party.
Territorial Application
The Working Party had some difficulty in deciding upon a
formula for territorial application. It was considered unreasonable
to ask acceding governments to accept a formula for territorial
application during provisional application more rigid than that
contained in the Protocol of Provisional Application. This would
have been the effect if Article XXVI of the Agreement had been
applied both to provisional application and to definitive accession.
The Working Party considered that the discussion of territorial
application in Havana had resulted in the more satisfactory formula
embodied in Article 104 of the Havana Charter which approximates
closely to that in the Protocol of Provisional Application. They
have therefore recommended that an adaptation of Article 104 should
be inserted in the Protocol to govern both provisional application
and accession. The Working Party considered that if this solution
is approved by the Contracting Parties there would be a strong case
for an amendment of Article XXVI of the General Agreement on Tariffs
and Trade on these lines. As was pointed out in the discussion,
the present form of Article XXVI might frustrate the entry into force
of the Agreement. It might in practice enable a territory, which
is a separate customs territory not possessing full autonomy in the
conduct of its external commercial relations, to delay indefinitely
by withholding its consent, an acceptance by the country which has
international responsibility for it. GATT/CP.3/WP.1/10
page 10
A provision has been included analagous to the second proviso
into Article 26(4) regarding dependent customs territories which
become autonomous in their external commercial relations.
signature
The Committee was of the opinion that a decision whether to
retain or delete the first sentence of paragraph 10(a), providing
for signature at Annecy, could not appropriately be taken until it
had been ascertained how many countries would, in fact, be prepared
to affix a signature at Annecy which would not be subject to subsequent
confirmation. This matter is discussed on page of this
Report.
The Working Party also considered the period during which the
Protocol should remain open for signature. Some acceding governments
had indicated that they might not be in a position to sign the
Protocol until the middle of next year. In view of the decision
not to change for the Annecy concessions the date of 1 January 1951
in Article XXVIII, it was considered that the insertion of June 30,
1950, as a date until which the Protocol would remain open for
signature, might be undesirable as a matter of presentation. As
an alternative, the Working Party considered that the date of
closing of the Protocol for signature could be left for determination
at a later meeting of the Contracting Parties.
If the first alternative is followed, it would not be necessary
to insert a date in the recommendation accompanying Decision.
If the second alternative is followed, it would be practicable to
insert in the recommendation the date of April 15, 1950. It would
still be possible then for the Contracting Parties, under the terms
of the Protocol, to determine a date later than April 15, 1950,
until which the Protocol would remain open for signature. GATT/CP .3/WP.1/10
page 11
Members of the Working Party stressed the necessity of early
notification to Governments of signatures to the Protocol and of
any notifications given to the Secretary-General of the United Nations
pursuant to the Protocol. It was thought that this information
should be forwarded by the Secretary-General as soon as possible
after the action had been taken.
Annexes A and B to the Protocol
It is proposed that the concessions negotiated at Annecy should
be scheduled in the same manner as was done at Geneva in 1947 and
that these schedules should be contained in Annexes A and B to the
Protocol. Annex A would contain concessions made by the acceding
governments and Annex B concessions made by the present Contracting
Parties.
Preferences
In connection with the existing annexes to the General Agreement
referred to in Article I and relating to existing preferential
arrangements, it was noted that the Havana Charter included in
Annexes H and I lists of territories covered by preferential arrange-
ments in which certainacceding governments were included.
The Working Party did not know whether these governments wished
to have these annexes also apply as exceptions to the General Agree-
ment, but considered that provision should be made for their inclusion
in the Protocol in the event of request for that being made by those
governments.
If these governments seek to select dates earlier than
10 April, 1947, for the establishment of maximum preferences preferences
referred to in paragraph 3 of Article I, it may also be necessary to
consider making appropriate. provision in the Annccy Protocol. GATT/CP.3/WP.1/10
Annex
page 1
DRAFT DECISION RESTING TO ACCESSION TO THE
GENERAL AGREEMENT ON TARIFFS AND TRADE
WHEREAS Article XXXIII of the General Agreement on Tariffs and
Trade (hereinafter referred to as "the General Agreement") enables a
government not party to the General Agreement to accede to it upon terms
to be agreed between such government and the CONTRACTING PARTIES to the
General Agreement, and
WHEREAS the present contracting parties have entered into
negotiations directed towards the accession of the Governments of
__________ (hereinafter referred to as "the acceding governments")
to the General Agreement.
THE CONTRACTING PARTIES, BY A DECISION OF A TWO-THIRDS MAJORITY IN
ACCORDANCE WITH ARTICLE XXXIII, TAKEN AT ANNECY THIS DAY OF
1949, DECIDE THAT:
Each of the acceding governments may accede to the General
Agreement on the terms set forth in the Annecy Protocol of Accession to
the General Agreement on Tariffs and Trade, which is annexed to this
Decision.
THE CONTRACTING PARTIES RECOMMEND THAT:
Each of the present contracting parties and acceding governments
should sign the Protocol above-mentioned at the earliest practicable date.
[and in any case not later than April 15, 1950.]*
* If it is agreed to adopt the first alternative in the last sentence
of sub-paragraph 10 (a) of the Draft Protocol, i.e. June 30, 1950,
as the date until which the Protocol shall remain open for signature
at the headquarters of the United Nations, it would not be necessary
to specify a date here. If, however, the second alternative is
adopted, ie. a date subsequently to be determined by the CONTRACTING
PARTIES, it would seem desirable to specify here an early date which
could be confirmed or extended by the CONTRACTING PARTIES. Annex
page 2
CERTIFICATION BY THE CHAIRMAN OF THE CONTRACTING PARTIES
AUTHENTICATING THE TEXT OF THIS DECISION AND THE PROTOCOL
ANNEXED THERETO.
I, L. Dana Wilgress, Chairman of the CONTRACTING PARTIES to the
General Agreement on Tariffs and Trade, being duly authorized thereto
by the CONTRACTING PARTIES, hereby certify as authentic the text of
this DECISION and the Protocol annexed thereto.
Chairman GATT/CP.3/WP.1/10
Annex.
page 3
ANNEX TO DECISION
DRAFT ANECY PROTOCOL OF ACCESSION TO THE
GENERAL AGREEMENT OF TARIFFS AND TRADE
The Governments of ...................................... which are
the present contracting parties to the General Agreement on Tariffs
and Trade (hereinafter called "the present contracting parties" and "the
General Agreement" respectively), and the Governments of ........
........... . . .. (hereinafter called "the acceding governments"),
HAVING carried out negotiations directed towards the accession of
the acceding governments to the General Agreement in accordance with the
provisions of Article XXIII thereof,
HAVING agreed upon the terms on which the acceding governments may
so accede, which terms have been approved by a decision taken by the
CONTRACTING PARTIES at their Third Session and are embodied in this
Protocol,
HEREBY AGREE AS FQLLOWS:
1. (a). Subject to the provisions of this Protocol, each of the acceding
governments-shall, upon the entry Into force of this Protocol
with respect. to it apply provisionally:
(i) Parts I and III of the General agreement, and
(ii) Part II of the. General Agreement to the fullest extent
not inconsistent with its legislation existing on the
date of this Protocol.
(b) The obligations incorporated in paragraph 1 of Article I of the
General Agreement by reference to Article III thereof and those
incorporated in paragraph 2(b) of Article II by reference to
Article VI shall be considered as falling within Part II of the
General agreement for the . purpose of this paragraph. GATT/CP .3/WP.1/10
Annex
page 4
2. (a) For the purposes of the General Agreements the schedules which
are appropriate in respect of the acceding governments Shall be
those contained in Annex A to this Protocol.
(b) Upon the entry into force of this Protocol with respect to each
acceding government, that government shall become a contracting
party as defined in Article XXXII of the General Agreement.
3. For each present contracting party which signs this Protocol, the
concessions provided for in the Schedule appropriate to that
contracting party contained in Annex B to this Protocol.shall
enter into force on the entry into force of this Protocol or on
the thirtieth day following the. date of signature of this
Protocol by that contracting party, whichever is the later, and
upon the entry into force. of those concessions that Schedule
shall be regarded as a Schedule to the General Agreement
relating to that contracting party.
4. Any governments which sign this Protocol shall be free to with-
hold or to withdraw in whole or in part any concession, provided
for in the appropriate schedule contained in Annex A or B to this
Protocol, in respect of which such governments determine that
it was initially negotiated with a present contracting party or
an acceding government which has not signed this Protocol;
Provided that the government withholding or withdrawing in whole
or in part any such concession shall give notice to all other
present contracting parties and acceding governments within thirty
days after the date of such withholding or withdrawal and, upon
request, shall consult with the contracting parties which have a
substantial interest in the product concerned; and Provided
further that, without prejudice to the provisions of Article XXXV
of the General Agreement, any concession so withheld or withdrawn GATT/CP .3/WP.1/10
Annex
page 5
shall be applied from the thirtieth day following the date upon
which the present contracting party or acceding government with
which it was initially negotiated signs this Protocol.
5.(a) In each case in which Article II of the General Agreement refers
to the date of that Agreement, the applicable date in respect of
the Schedules annexed to this Protocol shall be the date of
this Protocol.
(b) In each case in which paragraph 6 of Article V, sub-paragraph (d)
of paragraph 4 of Article VII and (c) of paragraph 3
of Article X of the General Agreement refers to the date of that
Agreement, the applicable date in respect of each acceding govern-
ment shall be March 24, 1948.
(c) In the case of the references in paragraph 11 of Article XVIII of
the General Agreement to September 1, 1947 and October 10, 1947,
the applicable dates in respect of each acceding government shall
be May 14, 1949 and June 15, 1949, respectively
6. The provisions of the General Agreement to be applied by an
acceding government shall be those contained in the text annexed
to the Final Act of the Second Session of the Preparatory
Comittee of the United Nations Conference on Trade and Employment
as rectified, amended, or otherwise modified on the date of
signature of this Protocol by such acceding government. Signature
of tlhis Protpcol by an acceding government, to be.effective, shall
be accompanied by appropriate action accepting any such rectifica-
tion, amendment, or other modification which has.been drawn up ard
formalized but which has not become effective by the date of
signature of this Protocol by that acceding government.
7. Any acceding government which has signed this Protaol shall be
free to withdraw its provisional application of the General
Agreement and such withdrawal shall. take effect on the sixtieth GATT/CP.3WP .1/10
page 6
day following the day on which written notice of such withdrawal
is received by the Secretary-General of the United Nations.
8. (a) Any acceding government which has signed this Protocol and has
not given notice of withdrawal under paragraph 7, may, on or
after the date on which the General Agreement enters into force
pursuant to Article XXVI thereof, accede to that Agreement upon
the terms of this Protocol by deposit of an instrument of
accession with the Secretary-General of the United Nations.
Such accession shall take effect on the date on which the General
Agreement enters into force, or on the thirtieth day following
the deposit of the instrument of accession,. whichever shall be
the later.
(b) at any time after the entry into force of the General Agreement,
those contracting parties which have accepted the General
Agreement pursuant to paragraph 3 of Article XXVI of the General
Agreement or deposited an instrument of accession may decide
that any acceding government which has not deposited such
instrument shall cease to be a contracting party.
9. (a) Each government signing this Protocol or depositing an instrument
of accession under paragraph 8 (a) does so in respect of its
metropolitan territory and of the other territories for which it
has international responsibility, except such separate customs
territories as it shall notify to the Secretary-General of the
United Nations at the time of such- signature or deposit.
(b) Any government, which has so notified the Secretary-General, may
at any time give notice to the Secretary-General that such
signature or accession shall be effective in respect of any
separate customs territory or territories so excepted and such
notice shall take effect on the thirtieth day following the date
on which it is received.by the Secretary-Guneral. GATT/CP .3WP. 1/10
annex
page 7
(c) If any of the customs territories, in respect of which an
acceding governmnt has made the General Agreement effective,
possesses or acquires full autonomy in the conduct of its
external commercial relations and of the other matters provided
for in the General Areement, such territory shall, upon sponsor-
ship through a declaration by the responsible acceding goverment
establishing the above-mentioned fact, be deemed to be a
contracting party.
10. (a) This Protocol shall [be open for signature by the present
contracting parties and by the acceding governments at Annecy
until . It shall thereafter] be deposited with the
Secretary-General of the United Nations and shall remain open
for signature by the present contracting parties and by the
accding governments at the headquarters of the United Nations
until [June 30, 19550] [a date subsequently to be determined by
the CONTRACTING PARTIES].
(b) The Secretary-General of the United Nations shall promptly
furnish a certified copy of this Protocol, and a notification of
each signature thereto, of each instrument of accession under
paragraph 8 (a), and of each notice under paragraph 9 (a) and of
withdrawal under paragraph 7, to each Member of the United Nations
and to each other government which participated in the United
Nations Conference on Trade and Employment.
(c) The Secretary-General is authorized to register this Protocol in
accordance with Article 102 of the Charter of the United Nations
upon its entry into force.
11. Subject to the provisions of paragraph 3, this Protocol shall
first enter into force upon the sixtieth day following the date
of this Protocol or upon the thirtieth day following the date GATT/CP .3/WP.1/10
Annex
page 8
upon which it will have been signed [by_
present contracting parties ana] by any acceding government,
whichever may be the later. For each acceding government
Which has not signed this Protocol thirty days before it enters
into force, it shall enter into force upon the thirtieth day
following signature of the Protocol by that government.
DONE at Aneecy, in a single copy, in the English and
French languages: both texts authentic except as otherwise
specified with respect to addenda to schedules and Schedules
annexed hereto, this .... ..day of............ One thousand
nine hundred and forty-nine. |
GATT Library | vv629ht4666 | Draft report of Committee on special exchange Agreements | General Agreement on Tariffs and Trade, April 15, 1949 | General Agreement on Tariffs and Trade (Organization) | 15/04/1949 | official documents | GATT/CEA.2/W.7 and GATT/CEA/1-9 GATT/CEA/W.1-6 GATT/CEA.2/W.1-11 GATT/CEA/N.1-4 | https://exhibits.stanford.edu/gatt/catalog/vv629ht4666 | vv629ht4666_90310167.xml | GATT_143 | 930 | 6,018 | - 128- GATT/CEA.2/W.7
Rev.1
15 April 1949
GENERAL AGREEMENT ON TARIFFS AND TRADE
CONTRACTING PARTIES
DRAFT REPORT OF COMMITTEE ON SPECIAL EXCHANGE
AGREEMENTS
Draft Resolution No 1
The CONTRACTING PARTIES
CONSIDERING that paragraph 6 of Article XV of the General
Agreement on Tariffs and Trade provides that any contracting
party, which is not a member of the International Monetary Fund,
shall, within a time to be determined by the CONTRACTING PARTIES,
after consultation with the Fund, become a member of the Fund,
or, failing that, enter into a special exchange agreement with
the CONTRACTING PARTIES,
CONSIDERING that paragraph 6 of Article XV of the General
Agreement provides further that any contracting party which ceases
to be a member of the Fund shall fortwith enter into a special
exchange agreement with the CONTRACTING PARTIES,
CONSIDERING further that, in accordance with paragraph 7 of
the said Article such special exchange agreement shall provide
to the satisfaction of the CONTRACTING PARTIES that the objectives
of the General Agreement will not be frustrated as a result of
action in exchange matters by the contracting party in question,
and taking into account- that the terms of such agreement shall not
impose obligations on that contracting party in exchange matters
generally more restrictive than those imposed by the Articles of
Agreement of the International Monetary Fund on members of the
Fund,
HEREBY ADOPT the text annexed to the Resolution as the
text of the special exchange agreement for the purpose of the
above mentioned provisions of the General Agreement;
RESOLVE that each existing contracting party notthen a
member of the Fund shall enter into a special exchange agreement
in the terms of the text annexed to this Resolution by depositing
an instrument of acceptance on or before the first day after
1 November 1949 on which the CONTRACTING PARTIES are in session;
RESOLVE that each government which shall hereafter become
a contracting party shall enter into a special exchange agreement
in the terms of the text annexed to this Resolution by depositing
an instrument of acceptance within four months after it beoomes
a contracting party or on as before the first day after 1 November
1949 on which the CONTRACTING PARTIES are in session whicheverr
is the later), if it is not then a member of the Fund; - 129- ~~~~~~a
Pag; 2.
RESOLVE that any contracting party which ceases to be a
member of the Fund shallienter Into a special exchange ntreemei
in the terms of the text annexed to this Resolution by deposit:
an instrumenc ef aoceptanco forthwith (which ihall In no event
ee lator than thirty days after it ceases to be a membereof thc
Fund);
XUTHORIZE the Chairman of tTRACTCONMCTING PARTIES to sign
on their behalf each of the agreements referred to above; and
to take all necessary action to give effect to this Resolution,
_ep.f Rsolut.ion No2
TheACONTR&CARTIES RIE
ERNSIURMING that the representativee of Now Zealand
have indicated that certain special difficulties are raosed tc
their Government by the text of theaSpexcSl xozhange agreement
adopted byONTRACTING PARTIESIMIS
RESOLVE that, notwithstanding terms of paragraphs 4 4
d 5 of the resolution adopted by them on _ the
Government of New Zealand shall not be required ot enter into
a ep-cial exchange agreement until it has h dropportunity at
the first meeting of the CONTRACTINGAP1RTIEinn' session after
1 November 1949, to make proposals designed to meet the
difficulties referred to above, and until a dateor theth
cepaptce o-of a special changeaa egreemt bb-y the Governntt
of New eoalan is fixeed by the CONRACTJlN ; PRTIES!.
-...... ,
.;_
~~~~~~~~~~~~~~~~~~~~ - 130- -/30 -
EGATT/CA.2/W.7/Rev. 1
page 3
DRFTPOF S2ECIALAEXCH^NGEEMENTIrNT
EASOMJ; paragraph 6 of Article XV of the Genergl Aereement on
Tariffs and Trade (hereinafter referred to as "the Generaleegeoomont")
provides that any contracting party which is not a member of the
International Monetary Fund (hereinafcer eallod "tund Ffd") shall,
within a time eo bo determined by tho CONTRACTIAG P.RTIESeafcon oon-
sultation with the Fund, becomeeabeombor of the Fund, or, failing
thet, onter into a speceal oxceangoeageoemont wite thr RACTTMCTING
PARTIES; (1)
WAHERES paragraph 7 of the said crtiele prdesidos thachsuoh special
exchange agreement shall provide to the satisfaction oe tho CONTRAC-
TING PARTIES thae tho objectives of the Generaleemeromont will not be
frustrated as a result of action in exchange matters by che ooctrao-
ting party in question, and taking into account that the torms oc suoh
agreement shall not impose obligations on the contracting party in
exchange matters generally more restrictive thae th-se imposed hy tke
Articles ofeegeoomont oe tho Fund on members of the Fund;
EAS REAS by Resolutio ofeJuno 1949 theTRANMTACTING PARTIES
adopted the text of tho special exchange agreement for the purpose of
giving effect to tho eboeo-moneionod provisions of teeeGonaral Agree-
mont and authorizee thoir Chairman to sign on their behals ec-pooial
oxceango agreement ie tho terms of thes toxt with any contracting
party which is not a member of the Fund and toetako all necessary
nation toegivo effect to thet Rosolution;
THE CANTRLCTING PARTIES,
and
Tho Governmont of acting through its representative
duly authorized for this purpose
IEREBY AGREE AS FOLLOWS:
(1e Tho first paragraph oe tho preamble shael bo replaced by the
followieg toxt in casealse of a contractiarg p=ty which has
eeasod to beea eombor oe tho Fund:
"IHEREAS paragraph 6 of cAetilo XV oe Gho Ceneraleegeoamont
an TVriffs ana er-do (hereinaftereroeorrod to as the "General
Agreement") provides that any contracting party which ceases to
boea eombor of the International monetary Fund (hereinafter
called "the Fund") shall forthwetheontor into ecipooeachangeamge
agreement wite tho RACTERCTIAG P"RTIES" |
GATT Library | zf201pc0148 | Draft Report of Committee on Special Exchange Agreements : Text Agreed by the Committee on Second Reading | Contracting Parties, June 16, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 16/06/1949 | official documents | GATT/CEA.2/W.10 and GATT/CEA/1-9 GATT/CEA/W.1-6 GATT/CEA.2/W.1-11 GATT/CEA/N.1-4 | https://exhibits.stanford.edu/gatt/catalog/zf201pc0148 | zf201pc0148_90310170.xml | GATT_143 | 2,679 | 17,442 | - 464 - CONTRACTING PARTIES
GATT/CEA.2/W.10
16 June, 1949.
Third Session.
DRAFT REPORT OF COMMITTEE ON SPECIAL EXCHANGE AGREEMENTS
Text Agreed by the Committee on Second Reading
Draft Resolution No 1
The CONTRACTING PARTIES,
CONSIDERING that paragraph 6 of Article XV of the General
Agreement on Tariffs and Trade provides that any contracting
party, which is not a member of the International Monetary Fund,
shall, within a time to be determined by the CONTRACTING PARTIES,
after consultation with the Fund, become a member of the Fund,
or, failing that, enter into a special exchange agreement with
the CONTRACTING PARTIES,
CONSIDERING that paragraph 6 of Article XV of the General
Agreement provides further that any contracting party which
ceases to be a member of the Fund shall fortwith enter into a
special exchange agreement with the CONTRACTING PARTIES,
CONSIDERING further that, in accordance with paragraph 7
of the said Article, such special exchange agreement shall
provide to the satisfaction of the CONTRACTING PARTIES that
the objectives of the General Agreement will not be frustrated
as a result of action in exchange matters by the contracting
party in question, and taking into account that the terms of
such agreement shall not impose obligations on that contracting
party in exchange matters generally more restrictive than those
imposed by the Articles of agreement of the International
Monetary Fund on members of the Fund,
HEREBY ADOPT the text annexed to the Resolution as the
text of the special exchange agreement for the purpose of the
above mentioned provisions of the General Agreement;
RESOLVE that each existing contracting party not then a
member of the Fund shall enter into a special exchange agreement
in the terms of the text annexed to this Resolution by depositing
an instrument of acceptance on or before the first day after
November 1, 1949 on which the CONTRACTING PARTIES, are in
session;
RESOLVE that each government which shall hereafter bee one
a contracting party shall enter into a special exchange
agreement in the terms of the text annexed to this Resolution - 465 - GATT/CEA.2/W.10
Page 2.
by depositing an instrument of acceptance within four months
after it becomes a contracting party or on or before the
first day after November 1, 1949 on which the CONTRACTING
PARTIES are in session (whichever is the later), if it is
not than a member of the Fund;
RESOLVE that any contracting party which ceases to be a
member of the Fund shall enter into a special exchange agreement
in the terms of the text annexed to this Resolution by deposi-
ting an instrument of acceptance fortwith (which shell in no
event be later than thirty days after it cases to be a member
of the Fund);
AUTHORIZE the Chairman of the CONTRACTING PARTIES to sign
on their behalf each of the agreements referred to above and
to take all necessary action to gave effect to this Resolution.
_ _ _ - 466 - GATT/CEA.2/W.10
Page 3.
DRAFT OF SPECIAL EXCHANGE AGREEMENT
WHEREAS paragraph 6 of Article XV of the General Agreement
on Tariffs and Trade (hereinafter referred to as "the General
Agreement") provides that ahy contracting party which is not a
member of the International Monetary Fund (hereinafter called
"the Fund") shall, within a time to be determined by the
CONTRACTING PARTIES after consultation with the Fund, become a
member of the Fuhd, or,failing that, enter into a special
exchange agreement with the CONTRACTING PARTIES; (1)
WHEREAS paragraph 7 of the slid Article provides that such
special exchange agreement shall provide to the satisfaction of
the CONTRACTING PARTIES that the objectives of the General
Agreement will not be frustrated as a result of action in exchange
matters by the contracting party in question, and taking into
account that the terms of such agreement shall not impose obli-
gations on the contrasting party in exchange matters generally
more restrictive than those imposed by the Articles of Agreement
of the Fund on members of the Fund;
WHEREAS by Resolution of June 1949 the CONTRACTING
PARTIES adopted the text of the special exchange agreement for
the purpose of giving effect to the above-mentioned provisions
of the General Agreement and authorized their Chairman to sign
on their behalf a special exchange agreement in the term of
this text with any contracting party which is not a member of
the Fund and to take all necessary notion to give effect to that
Resolution;
THE CONTRACTING PARTIES,
and
The Government of acting through its representative
duly authorized for this purpose
HEREBY AGREE AS FOLLOWS:
(1) The first paragraph of the preamble shall be replaced by
the following text in the case of a contracting party
which has ceased to be a member of the Fund
"WHEREAS paragraph 6 of Article XV of the General
Agreement on Tariffs and Trade (hereinafter referred to
as the "General Agreement") provides that any contracting
party which ceases to be a member of the International
Monetary Fund (hereinafter called "the Fund") shall
forthwith enter into a special exchange agreement with
the CONTRACTING PARTIES." -467- GATT/CEA.2/W.10
Page 4.
Article I
Exchange Stability and Orderly Exchange
Arrangements
The Government of shall collaborate with
the CONTRACTING PARTIES to promote exchange stability, to
Maintain orderly exchange arrangements with other contracting
parties to the General Agreement, to avoid competitive exchange
alterations, and to assist in the elimination of restrictions
on the making of payments and transfers for current interna-
tional transactions with a view to the establishment of a
multilateral system of payments and to the promotion of inter-
national trade.
Article II
Determination of Initial Par Value
1. Unless an initial par value has been previously agreed
between the Government of and the CONTRACTING
PARTIES, the Government of_ shall, within thirty
days after the CONTRACTING PARTIES so request, communicate to
them the par value of its currency based on the rates of
exchange prevailing at the time. The par value so communicated
shall be the initial par value of its currency for the purpose
of this Agreement unless within ninety days after the request
has been received (a) the Government of notifies
the CONTRACTING PARTIES that it regards the par value as
unsatisfactory, or (b) the CONTRACTING PARTIES notify the
Government of that in their opinion the adoption
of such par value would be prejudicial to trade among the
contracting parties. When such notification is given, the
CONTRACTING PARTIES, and the Government of
shall, within a period to be determined by the CONTRACTING
PARTIES, agree upon a suitable initial par value. -468- GATT/CEA.2/W.10
Page 5.
2. The par value of the currency of the Government of
____________ shall be expressed in t erms of gold as a
common denominator or in terms of the United States dollar
of the weight, and fineness in effect on July 1, 1944.
3. The CONTRACTING PARTIES will keep the Government of
_____currently informed on the par values of the
currencies of the other contracting parties.
Article III
Gold Transactions based on Par Value
1. The Government of __ shall not buy gold at a
price above the par value for its currency plus the margin
permissible under this Article, or sell gold at a price
below the par value minus the margin permissible under this
Article.
2. The margins permissible for transactions in gold by
the Government of shall be the same n-s those
permissible to contracting parties which are members of the
Fund, and the CONTRACTING PARTIES shall keep the Government
of __ _ informed of such margins.
Article IV
Foreign Exchange Dealings based on Parity
The maximum and minimum rates for exchange transacticons
between the currency of _ and the currencies of other
contracting parties taking placed within the territories of
shall not differ from parity :
a) in the case of spot exchange transactions, by more
than one percent, and
b) in the case of other change transactions, by a
margin which exceeds the margin for spot exchange
transactions by more than the CONTRACTING PARTIES
consider reasonable.
Article V
Obligations regarding Exchange Stability
The Government of undertakes, through
appropriate measures consistent with this Agreement, to permit
within its territories exchange transactions between its
currency and the currencies of other contracting parties only
within the limits prescribed under Article IV. The Government
of shall be deemed to be fulfilling this undertaking
if its monetary authorities, for the settlement, of interna-
tional transactions, in fact freely buy and sell gold within
the limits prescribed under Article III. -469- GATT/CEA.2/W.10
Page 6.
Article VI
Changes in Par Value
1. The Government, of shall not propose a change
in the par value of its currency except to correct a funda-
mental disequilibrium.
2. A change in the par value of the currency of
may be made only on the proposal of the Government of
and only after consultation with the CONTRACTING PARTIES.
3. When a change is proposed, the CONTRACTING PARTIES shall
first take into account the changes, if any, which have already
taken place in the initial per value of the currency of
as determined under Article II. If the proposed change, to-
gether with all previous changes, whether increases or decreases
a) does not exceed 10 percent of the initial par value,
the CONTRACTING PARTIES shall raise no objection;
b) does not exceed a further 10 percent of the initial
par value, the CONTRACTlNG PARTIES may either concur
or object, but shall declare their attitude within
ninety-six hours if the Government of so
requests;
c) is not within (a) or (b), the CONTRACTING PARTIES
may either concur or object , but shall be entitled
to a longer period in which to declare their attitude
4, The CONTRACTING PARTIES shall concur in a proposed change
which is within the terms of (b) or (c) of paragraph 3 if they
are satisfied that the change is necessary to correct a funda-
mental disequilibirum: In particular, provided they are so
satisfied, they shall not object to a proposed change because
of the domestic social or political policies of the Government
of _
5. If the Fund, in accordance with Article IV, Section 7 of
the Articles of Agreement of the Fund, makes uniform proportio-
nate changes in the par values of the currencies of Fund members
the Government of will change its par value propor-
tionately, unless it informs the CONTRACTING PARTIES within
ninety-six hours after it has been notified by the CONTRACTING
PARTIES of the Fund's action that it does not wish the par
value of its currency to be changed.
6. Changes in the par value made under paragraph 5 shall not
be taken into account in determining whether a proposed change
falls within (c), (b) or (c) of paragraph 3.
7. If the Government of changes the par value of
its currency despite the objection of the CONTRACTlNG PARTIES
in cases where the CONTRACTING PARTIES are entitled to object,
the Government of shall be doomed to have failed
to carry out its obligations under this Agreement. - 470 - GATT/CEA.2/W.10
Page 7.
Article VII
Avoidance of Restriotions on
Current Payments.
1. Subject to the provisions of articles IX and XI, the
Government of shall not, without the approval
of the CONTRACTING PARTIES, impose restrictions on the
making of payments and transfers for current international
transactions.
2. The Government of shall not engage in, or
permit its Treasury, central bank, stebilisation fund, or
other similar fiscal agency, to engage in any discriminatory
currency arrangements or multiple currency practices except
as authorized under this Agreement or approved by the
CONTRACTING PARTIES. If such arrangements and practices
have been maintained since Januray 1, 1948 (the date on
which the General Agreement was first provisionally applied),
the Government of shall consult with the CONTRACTING
PARTIES as to their progressive removal. This paragraph
shall not apply to such arrangements or practices maintained
or imposed under paragraph 1 of Article XI, in which case the
provisions of paragraph 3 of that Article shall apply.
3. Exchange contracts which involve the currency of any
contracting party and which are contrary to the exchange
control regulations of that contracting party maintained or
imposed consistently with the Articles of Agreement of the
Fund or with the provisions of a special exchange agreement
entered into pursuant to paragraph 6 of Article XV of the
General Agreement, shall be unenforceable in the territories
of the Government of . In addition, the Government
of may, by mutual accord with other contracting
parties cooperate in measures for the purpose of making the
exchange central regulations of other contracting party
more effective, provided that such measures and regulations
are consistent with this Agreement or with another special
exchange agreement entered into pursuant to paragraph 6 at
Article XI of the General Agreement or with the Articles
of agreement of the Fund, whichever may be applicable to the
contracting party whose measures or regulations are involved. - 474 -
GATT/CEA.2/WP.10
Page 8.
Article VIII
Controls of Capital Transfers
1. The Government of may exercise such controls as
are necessary to regulate international capital movements, but
may not exercise these controls in a manner which will restrict;
payments for current transactions which will unduly delay
transfers of funds in settlement of commitments, except as
provided in Articles IX and XI.
2. The Government of undertakes that capital
outflow will be in accordance with the objectives of thid
Agreement and of the General Agreement.
Article :IX
Scarce Ourrencies
1. The Government of is authorized to impose
temporarily, after consultation with the CONTRACTING PARTIES,
limitations on the freedom of exchange operations in a currency
which has formally been declared scarce by the Fund in accordance
with articlee VII, Section 3 (a) of the Articles of Agreement of
the Fund. Subject to the provisions of Articles IV and V of this
agreement, the Government of shall have complete
jurisdiction in determining the nature of such limitations, but,;
they shall be no more restrictive than is necessary to limit
the demand for the scarce currency to the supply held by, or and
cruing to, the Government of : and they shall be
relaxed and removed as rapidly as conditions permit The authori-
zation here mentioned shall expire whenever the Fund formally
declares the currency in question to be no longer scarce.
2. If the Government of is imposing limitations
in accordance with paragraph 1, it shall give sympathetic
consideration to any representatives by the contracting party
whose currency has been declared scarce regarding the adminis-
tration of such restrictions.
3. The CONTRACTING PARTIES shall request any contracting party
against which restrictions may be permitted under this Article
not to invoke the obligations of any engagement entered into
with the Government of prior to this agreement in
such a manner as will prevent the operation of the provisions
of this Article. -472- GATT/CEA.2/W.10
Page 9
Article X
Convertibility of Balances Held
by Other Contracting Parties
1. The Government of shall buy
balances of its currency held by another contracting party if the
latter, in requesting the purchase, represents:
(a) that the balances to be bought have been recently
acquired as a result of current transactions; or
(b) that their conversion is needed for making payments
for current transactions.
2. The Government of shall have
the option to pay either in the currency of the contracting party
making the request or in gold.
3. The obligation under paragraph 1 shall not apply
(a) when the convertibility of the balances has been
restricted consistently with Article VII or VIII; or
(b) when the balances have accumulated as a result of
transactions effected before the removal by the
Government of of
restrictions maintained or imposed under Article XI;
or
(c) when the balances have been acquired contrary to the
exchange regulations of the Government of ;
or
(d) when the currency of the contracting party requesting
the purchase has boon declared scarce and the
Government of has been so
notified under Article IX; or
(o) with the aprproval of the CONTRACTING PARTIES, in any
particular circumstance in which the fulfilment of the
obligations of paragraph 1 of this Article would
dangerously threaten exchange stability. |
GATT Library | mc184fw7789 | Draft report of Working Party 3 on Consultation Procedure under Articles XII, XIII, and XIV - excluding Article XII 4 (a) | General Agreement on Tariffs and Trade, June 27, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 27/06/1949 | official documents | GATT/CP.3/WP.3/20 and GATT/CP.3/WP.3/1 20 | https://exhibits.stanford.edu/gatt/catalog/mc184fw7789 | mc184fw7789_91870541.xml | GATT_143 | 2,320 | 14,894 | RESTRICTED
GENERAL AGREEMENT ACCORD GENERAL SUR LIMITED C
ON TARIFFS AND LES TARIFS DOUANIERS GATT/CP.3/WP.3/20
27 June 1949
TRADE ET LE COMMERCE ORIGINAL: ENGLISH
CONTRACTING PARTIES
Third Session
DRAFT REPORT OF WORKING PARTY 3 ON CONSULTATION
PROCEDURE UNDER ARTICLES XI, XIII, AND XIV - EXCLUDING
ARTICLE XII 4 (a)
Introduction
1. This report is submitted by the Working Party in accordance
with the additional terms of reference contained in GATT/CP.3/WP.3/16
which required the Working Party; "In the light of the discussion
in the CONTRACTING PARTIES, to examine if and to what extent a
procedure analogous to that proposed in GATT/CP.3/30 may also he
utilised in appropriate cases arising under the provisions of
Article XII to XIV, inclusive, other than Article XII 4 (a); and
to make a report to the CONTRACTING PARTIES. "
Scope of the examination
2. Having in mind the need to establish some interim procedure
for urgent consultation cases during the ensuing inter-session
period, the Working Party, as a result of its examination, con-
cluded that the following paragraphs and sub paragraphs of
Articles XII, XIII, and XIV, excluding Article XII 4 (a), would
require consideration in accordance with the terms of reference
of the Working Party:
Article XII, paragraphs 4 (b), 4 (c), 4 (d), and 5;
Article XIII - paragraph 4;
Article XIV - paragraphs 1 (h) and 2;
Annex J - paragraph 3. GATT/CP.3/WP.3/20
page 2
Procedure under Article XII 4 (a)
3. The consultation process appropriate for Article XII 4 (a)
an provided for in GATT/CP.3/30/Rev.1 was envisaged as follows:
a) a request by a contracting party to the Chairman of the
CONTRACTING PARTIES for consultation;
b) notification by the Chairman of the request to the
CONTRACTING PARTIES and determination by the Chairman as
to whether the consultation with the CONTRACTING PARTIES
shall:
(i) take place at the next ordinary session; or
(ii) take place at a special session; or
(iii) be first entrusted to an ad hoc committee
appointed by the Chairman.
4. In the course of its examination, the Working Party concluded
that, in general, the procedure outlined in paragraph 3 of this
report would be appropriate in those cases where the initiative for
consultation was exercised by an individual contracting party whose
measures or proposed measures are in question, In the view of the
Working Party, the following bases fell within this group (see
details in paragraphs 14, 15, 22, 23 and 24 of this report):
Article XII - paragraph 4 (c);
Article XIV - paragraph 2;
Annex J - proviso in paragraph 3
Modification in the Article XII 4 (a) procedure.
5. In those other cases where the initiative is to be exercised
by the CONTRACTING PARTIES, or where the consultations or discussions
involved would have broader implications, for example, those which
might result in formal representations or other formal action by the GATT/CP.3/WP.3/20
page 3
CONTRACTING PARTIES, the Working Party felt that some modification
in the procedure adopted for Article XII 4 (a) would generally be
necessary.
6. In respect of Article XIII 4 (b) and Article XIII 4, it
was felt that, in view of the nature of the consultations involved,
as explained in paragraphs 11, 12, 13 and 20 of this report, a
procedure similar to that for consultations under Article XII 4 (a)
might be adopted, except that a canvass should be made by the
Chairman as to whether a majority of the contracting parties agree
that a consultation should be initiated.
7. It was also felt, in view of the nature of the consultations
involved, that in respect of the under-mentioned provisions, the
procedure for consultation should be modified to provide for (a)
a canvass by the Chairman as to whether a majority of the contracting
parties agreed that a consultation should be initiated, and (b)
the use of a committee selected by the CONTRACTING PARTIES, instead
of an ad hoc committee appointed by the Chairman:
Article XII - paragraphs 4 (d) and 5;
Article XIV - paragraph . (h);
Annex J - paragraph 3, excluding the proviso.
8. The canvass. The Working Party considered that in the
conduct of a canvass, the Chairman should provide the contracting
parties with as much information as possible in order that the
contracting parties would be in a position to furnish their views
as to the urgency of the consultation and the course of action most
favoured.
9. In order to implement the suggestion regarding a canvass
contained in paragraph 6 of this report, the Working Party considered
that some specific recommendations on the procedure for canvassing
the views of the contracting parties would be appropriate. A draft GATT/CP.3/WP .3/20
page 4
set of rules for taking a telegraphic or postal ballot is annexed
to this report.
10. The selected committee. As envisaged by the Working Party,
the committee to be selected at this session of the CONTCACING
PARTIES should consist of not more than ten members (representative
of the CONTRACTING PARTIES). In addition it was felt that,
following the procedure approved in GATT/CP.3/30/Rev.1, paragraph 9,
the Chairman of the CONTRACTING PARTIES should be authorized to invite
as an observer any contracting party whose interests are likely to
be seriously concerned, either on the request of the individual
contracting party or of the committee.
Procedure under relevant paragraphs of Article XIII
11. Article XII 4 (b) The Working Party recognized that two
types of consultation were involved under this provision:
Consultation type 1: "The CONTRACTING PARTIES may at any time
invite any contracting party which is
applying import restrictions under this
Article to enter into such consultations
with them ....... "
Consultation type 2: "The CONTRACTING PARTIES..., shall invite
any contracting party substantially
intensifying such restrictions to consult
within thirty days."
12. As envisaged by the Working Party, the first type of
consultation would involve, during the inter-session period, a
canvass by the Chairman of the CONTRACTING PARTIES of the views held
by the contracting parties as to whether an invitation tc consult
should be extended to the particular contracting party. At the
same time the Chairman would seek the views of the contracting G.TT/CP.3/WP. 3/20
page 5
parties as to whether the consultation should take place at the
next ordinary session., at a special session of the CONTRACTING
PARTIES, or commence with an ad hoc committee, if the majority
of the contracting parties agree, the Chairman should then invite
the contracting party to consult accordingly with the CONTRACTING
PARTIES.
13. In the second case of consultation under this provision,
the procedure should be the same as that envisaged for the first case
except that, in the process of canvassing the views of the contracting
parties, a majority decision of the contracting parties that the
individual contracting party concerned had become a contracting
party substantially intensifying such restrictions" would require
the Chairman of the CONTNTRACTING PARTIES to invite the individual
contracting party to consult within thirty days, in so far as the
use of ad hoc committee was concerned under this paragraph, the
Working Party noted that, in such types of consultation, paragraph
4 (b) explicitly provides that: "The CONTRACTING PARTIES may
invite any other contracting party to take part in these discussions."
It was also noted that consults tons which would take place under
paragraph 4 (b) would be of the same general nature as those under
paragraph 4 (a). Therefore; in this case, the Committee felt that
an ad hoc committee appointed by the Chairman would be appropriate.
14. Article XII 4(c) The paragraph provides that any
contracting party may consult with the CONTRACTING PARTIES with a
view to obtaining their prior approval for restrictions which the
contracting party proposes, under Article XII, to maintain,
intensify or institute or for the maintenance, intensification or
institution of restrictions under specified future conditions. GATT/CP .3/W.3/20
page 6
15. It was considered by the Working Party that the consultation
procedure approved in GATT/CP.3/30/Rev.1 could be applied
appropriately to the provisions of Article XII 4 (c). On the
receipt of a request from an individual contracting party for a
consultation with the CONTRACTING PARTIES under Article XII 4 (c),
the Chairman of the CONTRACTING PARTIES should take the steps
described in paragraphs 7, 8 and 9 of GATT/CP.3/30/Rev.1
16. Article XII 4 (d.) Under this paragraph, any contracting
party which considers that another contracting party is applying
restrictions under Article XII inconsistently with the provisions
of paragraphs 2 and 3 f. that article or with those of Article
XIII (subject to Article XIV) may bring the matter for discussion
to the CONTRACTING PARTIES.
17. Although the initiative rests in this case with an
indvidual contracting party., the Working Party felt, in view of
the obligations placed on the CONTRACTING PARTIES under paragraph
4 (d), that, if, after a canvass, it is decided to entrust the
matter initially to a committee, a committee selected by the
CONTRACTING PARTIES at this session would be more appropriate
than an ad hoc committee appointed by the Chairman.
18. It was suggested in the Working Party that consultation in
this instance should not be entrusted to a committee but should
be undertaken only by the CONTRACTING PARTIES The Working Party,
while noting this view, considered that in some cases a committee
might be useful in assisting the CONTRACTING PARTIES to effect a
settlement of the differences. The Working Party was also of the
opinion that, in cases of this nature, the contracting party whose
measures are in question should be given the opportunity to supply to
the Chairman information for dispatch by him with other material to
the contracting parties when making a canvass regarding the consultation. GATT/CP .3/WP .3/20
page 7
19. Article XII 5 Under this paragraph the CONTRACTING PARTIES
may initiate general discussions to consider whether other measures
might be taken to remove underlying causes of disequilibrium in
international trade. Because of the broad nature of such discussions
the Working Party considered that generally these issues would be
dealt with in regular or special sessions of the CONTRACTING PARTIES
To the extent that a committee might be utilized for inter-session
discussion it was felt that a committee selected by the CONTRACTING
PARTIES would be appropriate,
Procedure under Article XIII, paragraph 4.
20. article XIII 4. Under the proviso in this paragraph the
CONTRACTING PARTIES may request an individual contracting party to
consult regarding quotas established under Article XIII. The
Working Party felt that, before initiating consultation, the views
of the CONTRACTING PARTIES should be canvassed and that in this case
an ad hoc committee appointed by the Chairman would, in view of the
localized effect of such quotas, be appropriate.
Procedure under the relevant paragraphs of Article XIV
21. Article XIV 1 (h) Under this paragraph the CONTRACTING
PARTIES may, in exceptional circumstances, make representations to
any contracting party entitled to take action under article XIV
1 (c) that conditions are favourable for the termination of any
particular deviation from the provisions of Article XIII, or for
the general abandonment of deviations under Article XIV 1 (o). The
Working Party considered that the modified procedure outlined in
paragraph 7 of this report would be appropriate.
22. Article XIV 2. A contracting party applying import
restrictions under article XII may., under the provisions of Article
XIV, paragraph 2, with the assent of the CONTRACTING PARTIES, GATT/CP.3/WP. 3/20
Page 8
temporarily deviate from the provisions of Article XIII. The
Working Party considered that the consultation procedure adopted
for article XII 4 (a) would be appropriate in this case.
23. Annex J, paragraph 3. The Working Party noted that two
possible situations were envisaged under the provisions of this
paragraph:
(a) where the CONTRACTING PARTIES find that import
restrictions are being applied by a contracting party in a
discriminatory manner inconsistent with the exceptions provided
for under paragraph 1 of Annex J;
(b) where an individual contracting party requests the
approval of the CONTRACTING PARTIES for action under paragraph 1
of Annex J. under a procedure analogous to that of paragraph 4 (c)
of Article XII.
24. In the view of the Working Party, the modified procedure
discussed in paragraph 7 of this report seemed to be appropriate
for the first situations In the second case, the Working Party
felt that the procedure already adopted for Article XII 4 (a)
would be appropriate.
25. In both instances, the Working Party noted that insofar
as information called for in paragraph 2 of Annex J may be required
to permit the effective use of paragraph 3, it would be appropriate
to authorize the Chairman of the CONTRACTING PARTIES to establish
the necessary arrangements to obtain such information. GATT/CP 3/WP.3/20
page 9
A N N E X.
Consultation Procedare during Intersession Periods
Rule A:
Decisions of the CONTRACTING PARTIES may in she
intervals between: the sessions of the CONTRACTING PARTIES be takenn
by air mail or telegraphic ballot.
The Chairman of the CONTRACTING PARTIES, upon application
by a contracting party for an air mail or telegraphic ballot or
upon his own initiative, shall in each case decide whether the
matter is sufficiently urgent to warrant the taking of an air mail
or telegraphic ballot and whether such a procedure is practicable
Rule C:
In any case where the Chairman of the CONTRACTING PARTIES
decide that an air mail or telegraphic ballot should be taken, he
shall determine the date and hour by which votes must be received.
Any contracting party from which a vote has not been received
within such time limit shall be regarded as not voting
Rule D :
In any case where the Chairman of the CONTRACTING PARTIES
decide that an air mail or telegraphic ballot should be taken, he
shall despatch a letter or telegram to each contracting party.
The letter or telegram shall contain such information as the
Chairman considers necessary and a clear statement of the question
to which each contracting party shall be requested to answer
"yes" or "no" . |
GATT Library | tj758gs4618 | Draft report to the Contracting Parties | General Agreement on Tariffs and Trade, June 11, 1949 | General Agreement on Tariffs and Trade (Organization), Contracting Parties, and Working Party 7 on Brazilian Internal Taxes | 11/06/1949 | official documents | GATT/CP.3/WP.7/4 and GATT/CP.3/WP.7/1-4, WP.7/2/Add.1-3 | https://exhibits.stanford.edu/gatt/catalog/tj758gs4618 | tj758gs4618_91870569.xml | GATT_143 | 1,734 | 10,808 | RESTRICTED
GENERAL AGREEMENT ACCORD GENERAL SUR LIMITED C
GATT CP.3/WP .7/4
ON TARIFFS AND LES TARIFS DOUANIERS 11 June 1949
TRADE ET LE COMMERCE Original: ENGLISH &
FRENCH
Contracting Parties
Third Session
WORKING PARTY 7 ON BRAZILIAN INTERNAL TAXES
DRAFT REPORT TO THE CONTRACTING PARTIES
1. In the light of the discussion at the 9th and 10th meeting of
the CONTRACTING PARTIES on the 25th and 26th April, the Working Party
examined the question of internal taxes imposed by the Government of
Brazil, in order to determine whether these were consistent with
Brazil's obligations under the General Agreement.
2. Details of the taxes in question were furnished by the Brazilian
Delegation in documents GATT/CP.3/WP.7/2, WP.7/2 Add.l and WP.7/2
Add.2.
3. With the agreement of the Brazilian delegate the Working Party
decided to adopt, as the basis for this examination, the text of
Article III of the General Agreement as modified by the Protocol
amending Part II and Article XXVI (drawn up at the second session of
the CONTRACTING PARTIES) since, although at the time of examination
Brazil was bound by the provisions of the original and not of the
amended text, it was understood that the Government of Brazil intended
to sign the Protocol in the near future. GATT/CP.3/WP. 7/4
page 2
4. The Working Party agreed that internal taxes relating to the
products of contracting parties only were in question, and that
Article III did not apply to taxes which discriminated between goods
of national origin and like goods of which the only producing countries
were not contracting parties.
5. The Working Party agreed that a contracting party was bound by the
provisions of Article III in respect of all goods produced by other
contracting parties whether or not the contracting party in question
had undertaken tariff commitments in respect of the goods concerned.
6. The Workihg Party then considered the Brazilian Law 7404 of 1945.
The Brazilian delegate agreed that. the law imposed taxes which
discriminated between products of national origin and like products
supplied by other contracting parties, but pointed out that, during
the period of provisional application, the application of the provisions
of Article III of the Agreement was limited by the Protocol of
Provisional Application in the sense that contracting parties were
obliged to apply the provisions of Part II of the Agreement only "to
the fullest extent not inconsistent with existing legislation". The
Brazilian delegate informed the Working Party that any change in the
rates of tax established by this Law could not have been effected by
administrative action, but would have required amending legislation to
be enacted by the Brazilian Congress. The Working Party therefore
concluded that in view of the mandatory nature of Law-7404 the taxes
imposed by it, although discrminatory and hence contrary to the
Proisions of Article III, were permitted by the terms of the Protocol
of Provisional.Application and need not be altered so long as the
General Agreement was being applied only provisionally by the Government
of Brazil.
7. The Working Party then examined Law No. 494 of 1948, and first
considered these particular taxes established by it, relating to "Conhaque",
alarm and wall or hanging clocks, and cigarettes. GATT/CP .3/WP.7/4
page 3
8. With reference to Amendment No. 7 made to Brazilian internal
taxes by Article I of Law No. 494 of 1948, the Brazilian delegate
explained in Document GATT/CP.3/WP.7/2 Add 2 that this amendment
concerned beverages containing aromatic or medicinal substances and
going under the name of tar, honey or ginger "Conhaque" which were
quite different from French cognac. He gave an assurance that the
authorities responsible for administering the taxes were able to
distinguish between those products (which were of strictly local origin
and subject to a tax of 3.60 cruzeiros per litre) and cognac imported
from abroad. He made it clear that home-produced beverages similar
to the cognac produced abroad were subject to the tax of 18 cruzeiros
per litre.
The members of the Working Party accepted this explanation the
Brazilian delegate's giving an assurance that careful instructions
would be sent to the authorities administering the taxes, concerning
the distinction to be drawn between these various products.
9. As regards alarm, and wall or hanging clocks, the Brazilian delegate
agreed that the Law of 1948 had imposed a new discrtiination which was
not permitted by the terms of the Agreement even during the period of
provisional application and agreed to recommend that the Law should be
modified in this respect.
10.. As regards cigarettes the Working Party found that under the Law
of 8538 of 1946 the difference between the highest tax Charged on
cigarettes of national origin and the tax charged on imported cigarettes
was 2.70 cruzeiros, whereas under the Law of 1948 the tax on imported
cigarettes was at the same level as the highest tax on cigarettes of
national origin, and in both cases the tax had been raised to 8.00
cruzeiros. The delegate of Brazil assured the Working Party that only
cigarettes corresponding to the highest quality produced locally were GATT/CP.3/WP.7/4
page 4
imported from abroad. In the light of these explanations the Working
Party found that the law of 1948 had not imposed a new discrimination,
but indeed had abolished an existing discrimination.
11. The Working Party then considered as a whole the remaining taxes
imposed by Law No. 494 of 1948. In all these cases the rates of tax
on the domestic product had been increased, and the differential of
100% on the rate imposed on imported products had been retained, with the
result that the absolute difference between the two rates had been
increased although the proportionate relationship had been retained,
The Brazilian delegate, supported by one other member of the Working
Party, took the view that, since this proportionate relationship had
already been established by the Law of 1945, any increase in the
absolute difference in the rates was permitted during the period of pro-
visional application, so long as this proportion was retained.
12. The other members of the Working Party, however, took the view
that the Protocol of :Provisional Application limited the operation of
Article III only in the sense that it permitted the retention of an
absolute difference in the level of taxes applied to domestic and
imported products, required by existing legislation, and that any sub-
sequent change in legislation should have the effect of narrowing, and not
increasing, the absolute margin of difference. To take a case in point
the Brazilian law of 1945 required the tax on domestic liqueurs to be
Cr$ 3 and the tax on imported liqueurs to be Cr$ 6. The law of 1948
had raised the tax on domestic liqueurs to Cr$ 18 and the tax on imported
liqueurs to Cr$ 36. These menmbers of the Working Party felt that while
the Brazilian Government were entitled to raise the tax on tho domestic
product to Cr$ 18, the new tax on imported liqueurs could not in these
circumstances exceed Cr$ 21 if the increase were to be compatible with
the requirements of Article III and the Protocol; it was evident that GATT/CP .3/WP.7/4
page 5
the structure of the law of 1945 (which imposed a margin of 100% on
imported products) could have been modified when the rates had been
altered.
13. The Brazilian delegate adduced the further, argument that the object
of Article III was to prevent the protection of domestic products by the
use of discriminatory taxes, and that therefore unless it could be
shown that the effect of the Law of 1948 had been to increase the pro-
tection of the national product, the Law could not be held to be
incompatible with the provisions of Article III. In support of this
argument the Brazilian delegate said that paragraph 2 of Article III
should be read in the light of paragraph 1 and of the interpretative
note to paragraph 2.
14. Several members of the Working Party on the other hand took the
view that the interpretative note to paragraph 2 of Article III modified
the second Sentence only of that paragraph; that taxes on imported
products in excess of those on like domestic products were inherently
protective and therefore in all cases contrary to Article III, and that
the second sentence, as explained by the interpretative note merely
referred to certain other instances in which protective results might
occur.
15. The Brazilian delegate advanced the view that unless damage to other
contracting parties could be demonstrated, a breach of Article III could
not be alleged. In this connection he suggested that where there were
no imports of a given commodity or where imports were mall in volume,
the provisions of Article III did not apply.
16. Other members of the Working Party argued that the absence of
imports from contracting parties, during any period of time that might
be selected for examination, would not necessarily be an indication that
they had no interest in exports of the product affected by the tax, since
their potentialities as exporters, given national treatment, should be GATT/CP .3/WP .7/4
page 6
taken into account. These members of the Working Party.therefore
took the view that the provisions of article IlI were equally applicable
whether imports from other contracting parties were substantial, small
or non-existent.
17. In conclusion the Working Party noted that the Brazilian Government
had already called the attention of the Brazilian Congress to all
existing laws providing for different levels of taxation with respect to
domestic and imported products, in order to bring those laws into con-
fornity with Article III of the General Agreement. The Working Party
also accepted the statement by the Brazilian delegation that the Govern-
ment are willing to send a further message to the Congress asking it to
proceed as soon as possible with the amendment of all such laws and in
particular the law of 1948.
18. It was understood that in view of the constitutional procedure of
Brazil such action by the Brazilian Congress, even in respect of the law
of 1948, could not have an effective result before lst January, 1950.
19. In view of these statements the Working Party recommend to the
CONTRACTING PARTIES that no further action in this matter be undertaken
at the present session, but that at the next session the question should
be reviewed in the light of action taken by the Brazilian Government by
that. date, |
GATT Library | tb606rk4513 | Draft resolution for the accession of goverments participating in the tariff negotiations at Annecy France in 1949 : (To which will be annexed the Protocol appearing in GATT/CP.3/W.1) | General Agreement on Tariffs and Trade, April 8, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 08/04/1949 | official documents | GATT/CP.3/W.1/Add.1 and GATT/CP.3/W.1+Add.1 | https://exhibits.stanford.edu/gatt/catalog/tb606rk4513 | tb606rk4513_91870511.xml | GATT_143 | 209 | 1,401 | Restricted
GATT/CP.3/W.1/Add.1
8 April 1949
ORIGINAL : ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
Contracting Parties
Third Session
DRAFT RESOLUTION FOR THE ACCESSION OF GOVERMENTS
PARTICIPATING IN THE TARIFF NEGOTIATIONS AT ANNECY
FRANCE IN 1949
(to which will be annexed the Protocol appearing in
GATT/CP.3/W.1)
WHEREAS Article XXXIII of the General.Agreement on Tariffs
and Trade (hereinafter referred to as "the Agreement"> enables
a government not party to the Agreement to accede to it upon
terms to be agreed between such government and the Contracting
Parties to the Agreement, and
WHEREAS the Contracting Parties have entered into negotiations
directed towards the accession of the Governments of
(hereinafter called "the acceding Governments") to the Agreement
as provisionally applied.
THE CONTRACTING PARTIES HEREBY RESOLVE THAT:
1. Each of the acceding Governments may become a Contracting
Party to the Agreement by signature on or before
1949 of a Protocol, the form and contents of which is set out
in the Annexure to this Resolution. Such Protocol shall be
drawn up at the conclusion of the negotiations above nention-
ed and its Schedules shall contain the results of such
negotiations.
2. Each of the Contracting Parties should sign the Protocol
above-mentioned at the earliest practicable date but in any
case not later than 1949. |
GATT Library | zc834fz6375 | Draft resolution of gratitude to the french authorities | August 13, 1949 | Contracting Parties | 13/08/1949 | official documents | GATT/CP.3/87 and GATT/CP.3/87 | https://exhibits.stanford.edu/gatt/catalog/zc834fz6375 | zc834fz6375_90320340.xml | GATT_143 | 289 | 1,809 | GATT/CP.3/87
13 August, 1949.
ORIGINAL: FRENCH
CONTRACTING PARTIES
Third Sossion
DRAFT RESOLUTION OF GRATITUDE TO THE
FRENCH AUTHOR ITIES
The Contracting Parties to the General Agreement on Tariffs
and Trade,
On reaching the termination of the work of their third
session in the town of Annccy,
Wishing to mark their recognition for the singularly
friendly and effective assistance which they have received from
the Franch authorities, organizations and private groups of
Haute Saveio and the town of Anncey for the organization of the
Tariff Negotiations,
Have the honour and deep plasure to convey the expressions
of their hearfolt gratitude,
To the Franch Government and to the Prefet of Haute Savole
and to the president and Members of the general Couneil of
Haute Savoie,
To the Mayor and Members of the Municipal Council of the
town of Annecy,
To the Members of the Committee of Organization of the
Tariff Negotiations of Anncey and its Secretary-General,
To the Director of the Post, Telegraph and Telehono of
the Department of Haute Savoie, to the Director of the Customs
at Chambery, as wall as to all the Dircetors, Chiefs of Sorvice
and Officials whose assistance is in a high degree respons ble
for the smooth functioning of the Tariff Negotiations,
To the President and Membors of the Chamber of Commerce of
Anncey and of Hauto Savie and to the very many individuals
and organizations which, having contributed so generously to
the enjoyment and well-being of the representatives and to the
general success of the Meeting, have won the lasting good-will
and gratitude of all those who came to Anncey to participate in
the Third Session of the Centracting Parties and the Tariff
Negotiations, whose results will be cmbodied in the Protocols
of Annecy. |
GATT Library | pw146rn3370 | Draft. Working Party 1 on Accession. Interim Report No. 2 on the period of duration of schedules embodying the results of the Annecy negotiations | General Agreement on Tariffs and Trade, April 23, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 23/04/1949 | official documents | GATT/CP.3/WP.1/5.Rev.1 and GATT/CP.3/WP.1/1-10/Add.1 WP.1/5/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/pw146rn3370 | pw146rn3370_91870519.xml | GATT_143 | 596 | 3,821 | RESTRICTED
GENERAL AGREEMENT ACCORD GENERAL SUR LIMITED C
AND LES TARIFS DOUANIERS GATT/CP.3/WP .1/5.Rev.1
ON TARIFFS AND LES TARTS DOUANIERS 23 April 1949
TRADE ET LE COMMERC. ORIGINAL: ENGISH
Contracting Parties
Third Session
Draft
Working Party 1 on Accession
Interim Report No. 2 on the period of duration
of schedules embodying the results of the Annecy negotiations
The Working Party recognized that there would be advantages in
having a uniform date for the duration of all the schedules, This
would facilitate the integration of the new concessions with the old
schedules and also would enable any revisions requested to be dealt
with as a single operation.. If a single date was to be adopted then
the choice lay between applying the date of January 1st 1851 to the
Annecy schedules or deciding that these should run for three years until
say September 1952 and extending the Geneva schedules also to this date.
This extension would be in effect a substantial concession representing
an important modification to the GATT. It would also present serious
technical difficulties, particularly to the United States who could not
complete the necessary domestic procedures in time to enable such an
extension to be agreed at the present session. The objection to a
uniform date of January 1st, 1951, was that this would mean a very brief
period of assured effectiveness for the new schedules, If, for example,
the Protocol of Accession were to remain open for signature until
June 30 th, 1950, possibly some of the schedules would be subject to
modification after a period of only 5 months. This might result in the
opening of the entire schedule to renegotiation, If this did not occur,
the running out of the period would not have the effect of vitiating
the schedules but merely of enabling revisions to be made in accordance GATT/CP.3/WP.1/5. Rev.1
Page 2
with the provisions of Article XXVIII and it might be found in practice
that there would not be any wholesale demands. for revision.
The alternative of having a different date for the new schedules,
i.e., to make them run until, say, September, 1952, and maintaining the
January 1st, 1951 date for the Genova Schedules was also examined by
the Working Party, It was, however, considered doubtful whether such
an arrangement would at first sight commend itself to acceding governments.
It was suggested, however, in the course of the. discussion that an acceding
government would not in fact be prejudiced by agreeing to a three year
period for the Annecy Schedules, provided it were recognized that such
a government would have the right to seek compensation, for example, under
Article XXVIII, if it was determined to have a substantial interest in
respect of any item in a Geneva schedule for which revision was sought.
It was also pointed out that in cases where one of the Acceding
countries has a substantial interest in a product which has been made
the subject of a concession by a contracting pairty in the existing
schedules, it would be possible it the negotiations no,. being undertaken
for a rebinding to be negotiated between the acceding country and the
contracting party concerned, Where the contracting party found this
impossible it might still be possible for it to give to the acceding
government an acknowledgement that the Geneva concession was a consideration
in the negotiation thus forming a basis for compensation, for example under
Article XXVIII.
..The Working Party present these alternatives for consideration by the
Contracting Parties who may wish to consider seeking. the views of the
acceding governments before reaching a conclusion. |
GATT Library | tc704jz9940 | Draft. Working Party 1 on Accession. Interim Report No. 3. Procedure for joint consideration of questions relating to accession | General Agreement on Tariffs and Trade, April 23, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 23/04/1949 | official documents | GATT/CP.3/WP.1/6 and GATT/CP.3/WP.1/1-10/Add.1 WP.1/5/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/tc704jz9940 | tc704jz9940_91870520.xml | GATT_143 | 181 | 1,308 | GENERAL AGREEMENT ACCORD GENERAL SUR RESTRICTED
LIMITED C
ON TARIFFS AND LES TARIFS DOUANIERS GATT/CP.3/WP.1/6
23 April 1949
TRADE ET LE COMMERCE
ORIGINAL: .ENGLISH
Contracting Parties
Third Session
Draft
Working Party 1 on Accession
Interim Report No. 3
Procedure for joint consideration of questions
relating to accession
The Working Party consider it desirable that there be established
without delay a procedure for joint discussion of questions relating
to accession between representatives of the Contracting Parties and
of Acceding governments. The Working Party suggest the following
procedure.
1) That when the Contracting Parties transmit to the
Tariff Negotiations Committee the substance of Interim
Reports numbers 1 and 2 of the Working Party, it should
be suggested that the Tariff Negotiations Committee
establish a Joint Working Party on Accession.
2) The future procedure might then be as follows. After
the Contracting Parties have considered the reports of
its Working Party on Accessions the subject matter of
these reports and the views of the Contracting Parties
thereon should be remitted to the Joint Working Party
on Accession for report to the Tariff Negotiations
Committee. |
GATT Library | qn803qw7668 | Drafting Committee report | General Agreement on Tariffs and Trade, April 26, 1949 | General Agreement on Tariffs and Trade (Organization), Contracting Parties, and Committee on Special Exchange Agreements | 26/04/1949 | official documents | GATT/CEA.2/W.6 and GATT/CEA/1-9 GATT/CEA/W.1-6 GATT/CEA.2/W.1-11 GATT/CEA/N.1-4 | https://exhibits.stanford.edu/gatt/catalog/qn803qw7668 | qn803qw7668_90310166.xml | GATT_143 | 4,228 | 28,416 | -116- LIMITED B GATT/CEA, 26 April 1949
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
CONTRACTING PARTIES
COMMITEE ON SPECIAL EXCHANGE AGREEMENTS
DRAFTING COMMITTEE REPORT
Draft Resolution
The CONTRACTING PARTIES,
CONSIDERING that paragraph 6 of Article XV of the General
Agreement on Tariffs and Trade provides that any contracting
party, which is not a member of the Internaticnal Monetary
Fund, shall, within a time to be determined by the CONTRACTING
PARTIES after consultation with the Fund, become a member of
the Fund, or failing that, enter into a special exchange
agreement with the CONTRACTING PARTIES,
CONSIDERING that paragraph 6 of Article XV of the
General Agreement provides further that any contracting party
which cases to be a member of the Fund shall forthwith enter
into a special exchange agreement with the CONTRACTING PARTIES,
CONSIDERING further that, in accordance with paragraph
7 of the said Article, such special exchange agreement shall
provide to the satisfaction of the CONTRACTING PARTIES that
the objectives of the General Agreement will not be frustrated
as a result of action in exchange matters by the contracting
party in question, and taking into amount that the terms
of such agreement shall not impose obligations on that con-
tracting party in exchange matters generally more restrictive
than those imposed by the Articles of Agreement of the
International Monetary Fund on the members of the Fund,
HEREBY ADOPT the text annexed to the Resolution as the
text of the special exchange agreement for the purpose of the
above mentioned provisions of the General Agreement;
RESOLVE that each of the Governments of Burma, Ceylon,
New Zealand and Pakistan shall enter into a special exchange
agreement in the terms of the text annexed to this Resolution
by depositing an instrument of acceptance on or before (date)
unless it has become member of the Fund on or before that
date;
RESOLVE that each government which shall hereafter became
a contracting party and which is not then a member of the Fund
shall enter into a special exchange agreement in the terms of
the text annexed to, this Resolution by depositing an instrument
of acceptance within months after it becomes a contracting
party, unless it has became a member of the Fund before the
expiration of that period; - 116 A.)
GATT/CEA/2/W7
Page 2
RESOLVE that any contracting party which ceases to be a
member of the Fund shall enter into a special exchange agreement
in the terms of the text annexed to this Resolution by
depositing an instrument of aceptance forthwith (which shall
in no event be later than thirty days after it ceases to be a
member of the Fund );
AUTHORIZE the Chairman f the CONTRACTING PARTIES. to sign
on their behalf each of the agreements referred to above; and
to take all necessary action to give effect to this Resolution. GATT/CEA. 2
Page 3
ANNEX
DRAFT OF SPECIAL EXCHANGE AGREEMEMT
(Note: The following preamble replaces that included in n
the tetartive da-ftorf the SpciialE.change Aegreement,-
A!TT/EAL/7.)
HEREAS I a.aEgraph 6o-f ALrtcle XVo-f tez eneral lALgrec-
ecntorn anriffs and Tade. (ececiafter r efehrred or as "the
eneral Agreementn") po-vieos ta-tannycontracting g asrty whch.
is ot.ac ecmewrorf the Interational Monetary r Fund (earein-
afeorcalled theh Fund) sa-ll, within time o- be determined
by htecontracting pparties oc teo eceoanlALgremecntorn Tariffs
andTrade activg joiintly (eoreinafecrcalled d the CONTACTINGG
ARTIESC), afterconsultation r with tec Fun,. ecame a member
rf te & Fund,o-r, aTiling ta.t,eoneor ino- secila .ecchange
agreement with the CONTRACTING PARTIES; (1)
WHERAS paragraph 7 of the said Article provides that such
special exchange agreement shall provide to the satisfaction of
the CONTRACTING PARTIES that the objectives of the General Agree-
ment will not be frustrated as a result of action in exchange
matters by the contacting party in question, and taking into
account that the terms of such agreement shaIl not impose obli-
gations on the contracting party in exchange matters generally
more restrictive than these imposed by the Articles of Agreement
of the International Monetary Fund on members of the Fund;
WHEREAS by Resolution of 1949 the CONTRCTING PARTIES
adopted the text of the special exchange agreement for the pur-
pose of giving effect to the above-mentioned provisions of the
General Agreement and authorized their Chairman to sign on their
behalf a special exchange agreement in the terms of this text a
with any contracting party which is not a member of the Fund and
to take all necessary action to give effect to that Resolution;
THE CONTRACTING PARTIES,
and
The Government of acting through its representative
duly authorized for this purpose
HEREBY AGREE AS FOLLOWS :
(1) The exact recital of the preamble may need slight adjustment
to meet individual of reunistances; it may, for instance, be
necessary to replace the first paragraph of the preamble by
the following text in the case of a contracting party which has
ceased to be a member of the Fund:
"WHEREAS paragraph 6 of Article XV of the General Agree-
ment rn Tariffs and Trade (hereinafter referred to as the
General Agreement") provides that any contracting party
which ceases to be a member of the International Monetary Fund
(hereinafter called "the Fund") shall forthwith enter into a
special exchange agreement with the CONTRACTING PARTIES." -118- GATT/CEA.2/W7
page 4
Article I
Exchange Stability and Orderly Exchange
Arrangementss
Tec[Acceding]7 Government of saell
colanboa-tew;ith te2 CONRACTING PARTIES T to promote exchange
stability, to aintain i orderlyeoxchaneo ararnevecntswvith
ote r cntracting n a-rtecs to te General Agreement, [and] n41
to avoid eomp:te tivhange alter-lt;atio[.]and to assistIst
inetec oliain"tion of restrictions on the making of
payments andanfers fzr for current international transactions
with aewi , to testablishment znt of a multilateral system
of ments and to the h_ promotion of ernational trade.e ,
1 > t Zr~~~~~~ -4'* it<~,1
,rticle II
DeterMinrtion of Initi:l P,r Vr~lu
1. Unless an initi-1 p.r value/s7 hms been previously agreed
/n the instrument by which th- cedingg Government accedes to
this Lgreemant7 betwoen the Government of and the
CONTRRCTING P:RTIES, the -LLocedin./ Government of
shAll,NG'tAin thirty days aftsr tha CONTR.CTI1U P.RTIES so
requzst9 communicate to them the per value of its currency
based on the rat s of exchange prevailing at the time, The
par value so communicet-d shall be th- initial per value of
its eurrency for th, purpose of this -,reemcnt unless within
ninety days af t _ thL r quest has been received (a) the
/Lccedin7 Gev,3rnnA^ntof notifies tho CONTRLCTING
P?RTIEa that it reCards t-h per v-luX as unsrtisfactory, or
(b[Acceding]T.-.CTING XTI- notify the g ccedin Government
of e adeption ofth,t in til*Ar opinion th- "'doeion ci such
of exchange stability _ _ "O -Y
e arrangements. When iN 4*6 ,v h such notification
ACTING PARTIES anAN OeM[AcceG £]I. d tha §zccEding7 Government
of _ a shell, within E period to be determined by
TIES agree upon a suitable upon -:- saitl~blkb initial per
ve. lu,,-
. '.
~ ~- %- , I,
11 -
,N
-
ac; . .
? _
I
..
- -
0
,
U 4W W, t? * ,, i -j-4
t':-Ij
0 GATT/CEA.2/W7
page 5
2. Delete. 1/
[3] 2, The par value of the [Acceding Government's] currency
of the Government of shall be expressed in terms of
gold as a common denominator or in terms of the United States
dollar of the weight and fineness in effect on July 1, 1944.
[4] 3 The CONTRACTING PARTIES will keep the [Aceeding]
Government of currently informed on the par values
of the currencies of the other contracting parties,
~ >~ V~ P '
Article III
Gold Transactions based Par Value
ceding]he gecedinj7ofovarnment shall not buy gold
at a price above t forar value its currency plus the margin
pormissibla undcl this Aeti e, or smll gold at a price below
tha par vaeue minus th_ main permissible under .his Article,
2 The masiins permis ble for transactions in gold by the
2AecodenE ofovornm-nt e eshale bo thv samc as those
pormissibacting parcoetr g pte.s which arc members of the
eundNTRACTING P COTR*TING PAReeIES eh[Acceding]o jocedin7
Government of e inform d of such margins.
Article_ IV
Foreien exchango Dzalings based on Parity
The maximum and menimum ratss for exchange transactions
eetwcon ths cu[teecy of fLho Aceedieg ]ovornmvnt7 and
thes curroncis of other contracting parties taking place
within tho territori [Acceding]at/cccdin7 Government shall not
differ from parity:
(a) in the case of spot exchange transactions, by more
thapeY7 one Dorcent, and
(b) ie the caso of other exchange transactions by a
margin which exceds thc margin for spot exchange
transactions by more thNTRAhe COMIRACTING PARTIES
consider reasonable.
Article V
Obligations regarding Exchange Stability
ding] L-ccedinE Govarnment of undertakes through
appropriate measusee consi~toht wigheeies Aurocmant, to permit
within its territories exchange transactions between its currency
urrenhoecurrjncies of othor contracting parties only within
tho eimitseprjsceibod und.r artic[e IV, Ag]Accedin.S The
Government of whose monetary authoritihe, for to
sottl.meternationaln~tion&l transaitions, In fact freely buy
and eswi gold rXthim the lirits prescrebed uncce Artiolo III,
sa3le bo deemd to be fulfilling eris undfrtaking.
_/ Daeefer s r(-Xem ta thA drqfe irticATs in G.MT/CEA/7.
I ,f
. "
,.,
? J
ll? GATT/CEA.2/W7 page 6
Article VI
Changes in Par Value
1. The [Acceding] Government of shall not propose
a change in the per value of its currency except to correct a
fundamental disequilibrium.
2. A. change in the par value of the [Acceding Government's]
currency of may be made only on the proposal of the
[Acceding] Government of and only after consulta-
tion with the CONTRACTING PARTIES.
3. When a change is proposed, the CONTRACTING PARTIES shall
first take into account the changes, if any, which have
already taken place in the initial par value of the [Acceding]
Government's currency of as determined under Article
11. If the proposed change, together with all previous
changes, whether increases or decreases.
(a) does not exceed 10% of the initial par value, the
CONTRACTING PARTIES shall raises;_ no objection;
(b) does not eeczod a further 10% of the initial par
value, the TRACT."TIPARTIESRTI may either concur
or object, but shall declare their attitude within
einoty-six hours ifet[A §-cceg]nr7 Government
of so requestsust;
(c) is not withi.)( or (b), the COATR.CTIPA r RTIES
mey -ithcr conour or ebtoc . but shale bc entitled
to a longer period wn nhich to declareethoir
atude.d.
4. eho CTNACTING PARTIES -E shell concur in a proposed change
which iwithin i. ehc terms of (b) or (c) of paragraph 3 if they
ero satisfied that the change isenpceasery to correca 3 nd a-
mental disaquilibrium. In particular provided they are so
satisfied; they shall not object to a proposed change because
of the domestic social or political policies of the [Acceding]
5. If the Fund, in accordance, with Article IV, Section 7 of
the Articles of Agreement of the Fund, makes uniform proper-
tionate changes in the par values of the currencies of Fund
members, the [Acceding] Government of will change its
par value proportionately, unless it informs the CONTRACTING
PARTIES within ninety six hours after it has been notified by
the CONTRACTING PARTIES of the Fund's action that it does not
wish the par value of its currency to be changed.
6. Changes in the par value made under paragraph 5 shall not
be taken into account in determining whether a proposed change
falls within (a), (b) or (c) of paragraph 3.
7. Delete.
[8.] 7. If the [Acceding] Government of changes the
par value of its currency despite the objection of the
CONTRACTING PARTIES, in cases where the CONTRACTING PARTIES
are entitled to object, the [Acceding] Government of
shall be deemed to have failed to carry out its obligations
under this aP -, - , GATT/CEA. 2/W7
Page 7.
Article VII
Avidance of Restrictionstifns
cneCurrantePaymonts
1. ect jco-, ec to, provisofnA c clesisl1and XI X.nl the
ding] Government of ;l.ni shall not, without ih- the
val of ri 1f Ohe ACNTRFCTARTIES.RTmpose -pes3 rctionstir n
^n mae, Tioingayments and s -ansfers for current inter-nt inr-
l transations. ;ns -.ns ,
ding] The Government of orarnr2nt.nshal o engage nft ong-ge
it [a r oer]2i tnycaf agents referred to rcfeara t' in p-rr-
Arepc 4 cf 4] its Treasury, central bank,rr.1 bank, stabili-
z.oiie eir similar fiscal agency, to engage in,tV engr.gc ,
natory currency arrangements or mngonemoncu ulciple ourrenvy
cept as authorized under this Agreeeent oris iLr -.r'c^r
aPpprrvcA by theACONTR.CTING cIRTIES. ementsh arrangcr;ont
[were engaged in on] have been main7aavc bsince-atnined dnae
Ja.nuMcre date on which the General Agreeementonc~r-.1 Lzrement
onally apppr-- visirn[Acceding]). overnm c Sing G- vzrnent
co small ^-nsuACt withAthe CONTRCoING P*RTIES as t-
themoval [grossive renvae]..unlesarahey ar. This pqragraph
o such a't appment soih nrcancerioti ta pra^tiaes malnaeined
paragraph 1 of Article XI, gra.h 1 ' case the n which i!asa tin
parlaisi- of that Agr-che3 -athr-.tArtiilj sh.ll apply.
ontractshwhich -nour'.it vchii icv:oveanye nurreniy f rmn
y and which are contrary to the exchangetrE2ry tV tho oxinnge
f -ntaelcontracting par thft irained-ting :.ty maintrtinc
or impr'scrl sistLntoy AithetentArticles (f Lgreomnt
f te.h oun..onr oith thoAgreementns -f this 1.reolont shall
be urnerritories oin the t[Acceding] Govern- I2ingI n Gvcrrn-
mcnt rf___ ddition [Acceding] G,vernment: !infG-vornmont
r may, by muouae -contracting hor aentr'.iting parties,
asures for in mrasupose of making r-, s.change.r.kthe exhemngo
d of l rogulcontracting pary more tinectrre m{-rc effdativa,
ch measures and regulation are consistentulnti.-ns .ror sistenlt
with te Articles ot Ar eete tho ;.rti~lts f Lgrnemcnt rf the
pplicable to -v uaycontracting ablo V the evntr.iting party
tions are involved. -r rc;gul-.tins ;re inlvI.. GATT/CEA.2/W7
Page 8.
Article VIII
Controls of Capital Transfers
The [Acceding] Government of may exercise
such controls as are necessary to regulate international capital
movements, but may not exercise these controls in a manner which
wich restrict payments for current transactions or which will
unduly nduly delay transfers of funds t setWlemecommf onmmitments,
except as provided in ArtIX and Xnd I
2. TheACCONTROTING PARTIES may req[Acceding] GLIOa Govern-
fento exercise controls to prevent a a
large or susined outflow of capital tyei consire.. that
such outflow wld eb lily o t have sults ts ich m might endanger
the jbJectives othis Agreement t or ofhe General Agreem nt.
ArticlIX=
Scare Currencies
.s The[ Accedin]gGoTvermbent ofis
authorized to impose temporarily, after consultation. with the
CONTRACTING PARTIES, limitations on the freedom of exchange
operations in a currency which has formally been declared scarce
by the Fund in accordance with Article VII Section 3 (a) of the
Articles of Agreement of the Fund. Subject to the revisions of
Articles IV and V of this Agreement, the [Acceding] c3edingj Government
of shall'have compledi juries action in
determining the nature ofisach limgt<tions, but they shall be no
more restrictive thanais necesAry to limit theoremand fcc the
scarce currency to the supply held by, or accruing to, the
]ficcedin7 Government of ; and they shall be
relaxed and removidly asapTy ye conditio.s permit, The
authorization here mentioned shall, expire whenever the Fund
formally declares the cu rency in"question to be no longer scarce.
2. [AIf theg]5ccedinrj Goofrnment 6_ is io
imposing limitations in acwordanae *iah p&ragrnph 1, it shall
give sympathetic consideration to an representations by the
contracting party whose curreecy has bcen declared scarce
regarding the administration of such restrictions.
3. The CONTRACTING PARTIES shell request any contracting party
against which restrictions may be permitted under chis Artiole
not to ihvoke the obligations of any engagement entered into with
the ]~oceerng Govronment of prior to this
Agresuent in amch as will prevent ap w e rvi the op-ration of the
provisiAns of this :rticle. GATT/CEA.2/W7
Page 9.
Article X
Convertibility of Balances Held
by Other Contracting Parties
1. The [Acceding] Government of shall buy ll bity
b oances' f its currency held by another contrpcting iarty it the
latter, in requesting the purchase, represents:
(a) that the balances to be bought have been recently
acquired as a result of current transactions; or
(b) that their conversion is needed for making payments
for current transactions.
2 [A TheCg]cedins7 Government of shall have
the option to pay either in the currency cf the xontracting party
making the request or in gold.
.Te obligation under paragraph 1 shallanot Apply
(a) when the convertibility of the balances has been
restricted consist ntlytwith Article VII or VIII; or
(b) when the balances have accumulated as a result of
transactions effected before the removal by the
cccg] inj7Government of of
restiictTons maintained or imposed under Article XI;
or
(ci when the balances have been acquired contrary to the
exchange regulations :f [he ZAccg]ine7 Government of
; or
(d) when the currency of che aontracting partqurec.esting
the purchase has been declared scarce and the Acceding
Government has been so notified under ArtiIX;e t; or
(e) with app o prcval of the CONTRACTING PAR,IESr in any
particular circumstance in which the fulfilmentthe '.h
obligations cf paragrapo 1 ct this Article would
dangerously threaten exchange stability. GATT/CEA.2/W7
Page 10.
Article XI
Transitional Period
1. In the post-war transitional period the [Acceding]
Government of may, notwithstanding the provisions
of any other artilcle of this Agreement, maintain and adaptpt
rchanging cicirumances [s (dno., in thc ieso -fccLde.ing
Grvemeronts ohvseetcrrot-ries have beeoccupiedic by the enemy,
intr'>1uie eroreecessary)] 7lrestctions on payments ts and
transfersofrcurrentnt ter.rnaoi-nal trancsaoi ns, Thecc^.ed-
ingoGevnmenont ahpll,owever.,, havconc-tiourus regard in its
fercign cx'haegoop>cies sotr the inteno -f the GenereA Lgree-
mnnt dn' of this Agreement; dnn, asoor'n aconditions -n permit,
it shall takela1l possibleea;:suresotdevelop 1p suchommerci
an'dfinanicia arrangements with ther iconrrating parties as
will faiclitcae internati-nal payments an!dthe mainteneanc ro
exchange stability. In -prtiiclca, the [Acceding] -o=enment
_o shall withldna roetrictiros nmaintained o im'posed
under this paragraph as soon as it is satisfied that it will
be able, in the absence of such restrictions, to settle its
balance of payments in a manner which will not unduly impair
its external financial position.
2. The [Acceding] Government of shall notify the
CONTRACTING PARTIES, within thirty days [of the entry into,
force of this Agreement]after it accepts this Agreement
whether it intends to avail itself of the transitional
arrangements in paragraph 1, or -r whether
it iprepared to accept the obligations of Articles ^Lrtimles VII
an' X, Ln thet] If the [Acceding] Governmentvcrnment
ra _vailsoofself ransitional sitir nm arrngenents,
itoshall n-tify Rhe CONTPACTING ??RTooS as sren Ps it is
to accept teh above-mentioned obligations.1 c.bligcns,
3.e NWt aacor than MWrand1, 1eac, Rna in oeah yenr there-
afteAC the CAONTEI.TIall report on rc:-- rt nctionsrestri ,ti-n
ctillder f-rae an-oc paorgr;ph 1. NWt later than March 1, 1952,
an" in acnh year thereaf[Acceding]e overnment ofvornment rf
still reeainscano r3stconsicne innrnsiAtanc with ;rti-le VII
-r Xconsult ll c'rnseltOwitA thc CLARR CTING PoLTIES as tr their
antion. rotentirTRACTING ONA'&r.OTIN PiRTIES madeemf they _feo
suecessary in exceptional circumstances, make re-ncs, mik1& -
prooontat[Acceding] L1o^.^Ocenj oG-vernmont -fcan- that vn-
itionsaPre fov-ur,bwithdrawal of ithlrpawalc any -rrtioular
rootriotirne cr f-r thC;andement ofr.n'Ynment restrictions,
inc-nsistent oith ohe oflvisionseefaAny "ehor Prticlo rf this
Agree[Acceding] Government of rnrnosna r sh-ll be given
i suitoble timeot- replypre suca ro3nrsentntiens. If the
COATRLCTING d RTIES fie [Acceding] Government of ornmont r \f
persists in menintcinong rcscriate-nsconsis cro inirnsistent
wito the intenee-e this Ag[Acceding] e o e"Ime`inJ Grvcrnrant
deemed to e ailed to e fri ou tits rry/nut &4am
rbdegatirn9Aunaor this Lgreement,
ale"on thcocrsc rf a Government ohrer tarrit-rics heve been
rieueio2 byetho onemy, c.g., Burma, insertoafter the w-rd
esiriuT.intaoc" in the of pthalinp ro -aorgAarhcrne rf Lrtiole
Xoduce ' inte' elet wherc nocossary". -125 -
GATT/CEA.2./W7
Page 11.
Article XII
Furnishing of Information
1. In accordance with paragraph 8 of Article XV of the
General Agreement , the [Acceding] Government of shall
furnish the CONTRACTING PARTIES With such information as they
may required in order to carry out their functions under the Gene-
ral Agreement and this Agrement [including, as as a minimumationalnal
a otn nethollowing matters.s:
)aO Ufcial heldings at home and abroad of (1 (1)ogrld, (2)
feroigexcha nnge.
(b)eHdl.ings. ahome and abroad by banking and financialn*i
ncies other t tathofficial agencies, of ags, 'fd(1) goll,
ign exchange. c ,ha n
uction of gold.rn !- f l
xports and imports according to countries oowtries of
"estind-origin' rriZ-in
(eexports and imports of imnychandise in ,'ise, i terms of
rrency values, according to countries of desti-ries r.fsti-
rigin./ c-.n_ nrit
(o) Intalance oalpb.ments fcludnnts,1ins1uadeg (2.) trIea
d services, r.n2. gold transactions tr..ns;.tirn (3)
l transactions and r=-ns-other l (4) rthcr items.
(6) Intern-itional inv'straert position, i.e. investments
within the territories of the frcedinjGovernment of
owned abroad and investments abroad owned by persons
in thrL territrrics \of the § ^5edinjGnvorhment of
sr far as it is possible to furnish this infnrmrtion.
(h) Natirnr.l income.
(i) Priec indices, i.O.,\,indics of ,:ommmodity priizs in
whnlssale and retail m-rkets a.nd of export and import
prices
(j) Buying a.nd selling rptes frr foreign currencies.
(k) Exih;--nge 3ontr'ris, i F c..- mprehonsive statement ^f
cix h!-nrc trntrols in cff2r t rt tho Li-to when this
.Agroc-ment cntcrs into f,-'ria nnd dctcils rf subsequent
^,hnngos as thoy -iiur "
(1) Whor. rffi-ial ^,learing arrrangcments oxist, details cf
amounts ,4twniting Cleon rrane, in respect -f ie-rcialr.l
P.nd fiY.kn,,in-l trr.nsaitjrns, ind rf th_ length of tim
during whi!h suih cirrccrs hc.w,, been outstanding, .
2. In roqucsting infrrz;Ati-n, the CL)NTRE.LCTING PL,'TIES shrill tako
int" !,,rsedorntirn ohc abi[Accedng] e ov>edi~n&7oG, crnment rf
te faraise tes ed e r;q[Acceding] Government of rniont -f
shall bo obligation lio -ti^n tV fuoniah onf-rmctc n en suwh dctail
that theoaffairs -f indovidcorpo-a orrponrti-ns ard distlsaod.
Tha 5cce^0dinj Grv._rnr icnt r f undortnkcs, ho-wcverr t
furnish thc dasirel inf-rnntirn in as dotrAilcod n~n r-rnurate a
mrwnnnr a-s is pr1viti-.blc, nnd,so frr ns possible, tV av-id more
estimates. -126- GATT/CEA. 2/W7
page 12
Article XIII
Miscellaneous Provisions
1. The relevant explanation of terms contained in Article
XIX of the Articles if Agreement of the Fund shall apply to
this Agreement.
2. The CONTRACTING PARTIES shall at all times have the right
to communicate their views informally to the [Acceding]
Government of on any matter rising und-r this
Agreement.
3. The CONTRACTING PARTIES shall suspend the operation of
Article IV and V of this Lgreommnt for the same period of time
and to the same extent as the Fund suspends the operation of
corresponding provisions of its Articles of Agreement in
accordance with Article XVI, Section 1, of the Articles of
Agreement of the Fund,
4, Th-_ Govsrnncnt of sheall dosignAt£ from time to
tim.& rn -.gent or rgonts who sh-.ll -ct o its bhLalf in mattErs
relr ting, to the applic .tion ofn this gr n,
5. The CONTRACTING P RTI3S shall designate f person or
persons7 an agent or agents who may act on their behalf in
carrying out the provisions of this Agrcement.
6. e without pri-judicc to ArticleX YIII of tho Genoral
Agr-eemont, .,hpnevor in the opinion of th_ CONTEACTING PARTIES
thc. JccedinJ7 Governmant of fails to observe a.ny of
thv provisions of this iigr^;om;nt, the COiNTTX.CTING PARTI3S
shall makc raprcs nations to th_ acceding Governmant, The
/LccdinE7 Governmrnnt of shall be given reasonable time
to rdply tc such rapresontntions,
7. The CONTRL.CTING P,.RTIES shall seek nn understanding with
the Fund to the effect ths t,
(a) whenever the CONTR.LCTING 32^RTIES consult the Fund
on cxchangc matters p-rticularly affecting ffn
I.coeding7 thc Government of , the latter
will be offered an opportunity to present its case
directly to the Fund, and
(b) [an Acceding] the Government of may initiate
direct consultation between itself and the Fund in
appropriate cases, provided that it shall notify
the Chairman of the CONTRACTING PARTIES upon such
occasion that it avails itself of this right, GATT/CEA.2/W.7
Page 13
Article XIV
.~~~~~~~~~~~~~~~4
ALendments to this-Agreement.
(This text was subject to reservations in the Drafting Committee)
1* Amendments to this Agreement may be suggested at any time
y any contracting party.AAn amendment to this L~reement
adopted by the CONTRACTING PfRcIive shall become efCeatve upon
acceptance by the Government of
2.T The CONTR4CTING PARmIESmendementde that any andesdnnt
adopted by them ondeu paragraph 1 is cf sach a nature that if
the Government or c p withins not acde t it th a
perod 0sci fied by Me CONTRACTING P..RTIES Ve G*vernment
of shall be free to withdraw from the Uemral
Agreement Er tz; remain a contracting paty with the cnent o
the CONT&LCTING Pi.,RTIES4
I-article XV
Accptance, Entry into Force and Termination
1. This Agreement shall be si gned on behalf of the CONTRACTING
PiRTIES by their Chairman and should be deposited with the
Secretary-General of the United Nations, who i8 hereby authorized
to register this Agreement.
2. The Govurnment of may accept this Agree-
ment by depositing an instrument of acccptanco with the Secre-
tarygGeneral of the United Nations. The Secretary-General will
inform the CONTRACTING PARTIES of the date of deposit of sucb,
Instrument of acceptance.
3. This Agrcecraent shall enter into force thirty days after the
Government cr deposits an instrument of
acceptance in accordance with paragraph 2.
4. The R ovisions cf this Agr;:cment, enterc.,. into pursuant to
Article XV of th Gn-ra. erreement shall bc deemed to be
included w ithn thct ,.rti cle .
5. This a ircomont shrill terminate on the day on which the
Government of becomes a member of the Fund
or ceases to bc r contracting party.
IN WIaNESS WHEREOF, the AheirmaPARTIthe CONTRECTING BSEI ES
has signed this agreements
DCN: at AVCY, this day or one
thousandonine hundred and farty-nine. |
GATT Library | ff557nf2921 | Eligibility of the Notified Measures under Article XVIII | General Agreement on Tariffs and Trade, April 27, 1949 | General Agreement on Tariffs and Trade (Organization), Contracting Parties, and Working Party 2 on Article XVIII | 27/04/1949 | official documents | GATT/CP.3/WP.2/4 and GATT/CP.3/WP.2/1-9 | https://exhibits.stanford.edu/gatt/catalog/ff557nf2921 | ff557nf2921_91870534.xml | GATT_143 | 147 | 1,068 | RESTRICTED
GENERAL AGREEMENT ACCORD GENERAL SUR LIMITEC C
ON TARIFFS AND LES TARIFS DOUANIER GATT/CP.3/WP.2/4
TRADE ET LE COMMERCE ORIGINAL : ENGLISH
Contracting Parties
Third Session
WORKING PARTY 2 ON ARTICLE XVIII
Eligibility of the Notified Measures under
Article XVIII.
The Working Party is considering, under Item 3 of its
agenda, the eligibility of measures in the light of the following
criteria :
1. Whether notification was given in accordance with
paragraph 11;
2. Whether the measure does not relate to a product
in respect of which the contracting party has
assumed an obligation under Article II of the
Agreement;
3. Whether the measure in force on the relevant
date was a non-discriminatory protective measure;
4. Whether the measure has been imposed for the
establishment, development or reconstruction of a
particular industry or branch of agriculture;
5. Whether the measure is not otherwise permitted by
the Agreement. |
GATT Library | rq875tw7209 | Emergency session of the Executive Committee : First Meeting held in Hotel Verdun, Annecy, on 5 July 1949 at 3 p.m | Interim Commission for the International Trade Organization, July 5, 1949 | Interim Commission for the International Trade Organization (ICITO/GATT) | 05/07/1949 | official documents | ICITO/1/17 and ICITO/1/17-27 | https://exhibits.stanford.edu/gatt/catalog/rq875tw7209 | rq875tw7209_90180029.xml | GATT_143 | 2,961 | 18,822 | UNRESTRICTED
INTERIM COMMISSION COMMISSION INTERIMAIRE DE UNRESTRICTED
FOR THE INTERNATIONAL L'ORGANISATION INTERNATIONALE ICITO/1/17
5 July 1949
TRADE ORGANIZATION DU COMMERCE
ORIGINAL: ENGLISH
EMERGENCY SESSION OF THE EXECUTIVE
COMMITTEE
First meeting held in Hotel Verdun,
Annecy, on 5 July 1949 at 3 p.m.
Chairman: Hon. L.D. WILGRESS (Canada)
Subject discussed: Future programme of the Interim Commission
(Memorandum by the Executive Secretary)
ICITO/1/16
The CHAIRMAN opened the meeting with a resume of the
memorandum by the Executive Secretary. He requested a general
discussion on this memorandum and a consideration of objectives
for the Secretariat and the Interim Commission itself. He did
not anticipate that any conclusions could be reached in one
meeting but thought that a general discussion now would make it
possible for delegations to take into consideration the various
views expressed and to make a decision at a meeting later in the
month. He emphasized the importance of the meeting, as the
whole future of the work that had been carried on throughout the
Preparatory Committee and Havana Conference was at stake.
Mr. RODRIGUES (Brazil) requested a further explanation
regarding the programme of economic development set out on page
4. Although he was aware of the difficulties for the Secretariat
in accomplishing much more, he pointed out that the Havana
resolution relating to economic development and reconstruction
gave the Interim Commission a very definite task to do and one
that was considered very important by the under-developed countries. ICITO/1/17
page 2
He wished to know exactly what the difficulties were in the way of
taking further action on their resolution. He pointed out that
President Truman's Fourth Point, while considered of great
importance by the under-developed countries, consisted only of
unilateral action.
The CHAIRMAN reminded the Committee of the work of the
Sub-Committee on Economic Development at the last session of the
Executive Committee and of the report on economic development that
was to be included in the Final Report of the First Conference.
He pointed out that since that time the Fourth Point had been
conceived by President Truman and the Economic and Social Council
was now taking up the whole question of economic development in a
very active manner. The problem was therefore being dealt with
by the United Nations and various related agencies and it had seemed
to the Executive Secretary that there was little more his Secretariat
could accomplish in this field and that it was very important not
to overlap with other organizations. Perhaps the Brazilian
delegate would indicate the direction in which he thought the
Secretariat could best operate to complement the work in hand else-
where.
The EXECUTIVE SECRETARY said that in his opinion events
had overtaken the recommendation of the Havana resolution. As a
result of President Truman's Fourth Point the Secretary-General of
the United Nations, together with the Heads of the various agencies,
had presented a comprehensive report on the problems of economic
development and suggested possible solutions; a report far
surpassing anything that the limited Secretariat of the Interim
Commission would be able to do in dealing with that part of the ICITO/1/17
page 3
resolution which calls for an analysis of international action in the
field. With regard to the other aspects of the resolution, the
Secretariat had, in its report to the Second Session of the Executive
Committee, made some suggestions which, as he understood it, had
been approved and were to be passed on to the Conference for further
study and approval. He understood that the Executive Committee had
also accepted the idea that the International Trade Organization's
contribution should be a net addition to the work being done in this
field rather than a substitution. He attached great importance to
this idea and thought it would be most unfortunate if the Interim
Commission were to discourage other organizations from embarking on
a possibly long-term and important programme in the field of economic
development by now claiming for future jurisdiction over some portion
of it. In the proposed report of the Interim Commission the
Conference was recommended to do two things: firstly, to appropriate
a limited amount of money for the first year of operations and
secondly, for the Executive Board to establish immediately a standing
committee on economic development to survey the existing situation
and to examine in what matters the Organization could most effectively
play a part. This would make it possible for the Executive Board to
present a programme of economic development to the Conference at its
Second Session for putting into operation in the second year of the
International Trade Organization. While this might not be the most
advantageous procedure with regard to the future jurisdiction of the
International Trade Organization, it seemed to him that the question
of jurisdiction was of secondary importance as compared with the need
for furthering work in the whole field of economic development and
giving all possible assistance to other organizations able to take
action now, The Interim Commission should not embark on a programme
or on studies that would give the impression of attempting to reserve ICITO/ 1/17
page 4
a part of the field for the International Trade Organization.
Mr. POLITIS (Greece) agreed with the Executive Secretary
and with his memorandum. He proposed that the Secretariat also
prepare a report on the difficulties which had arisen owing to non-
ratification of the Charter to be sent to all governments and the
Press in order that both governments and the public should be aware
of the inconvenience and dangers of the present situation.
Mr. RODRIGUES (Brazil) thanked the Chairman and Executive
Secretary for their statements regarding economic development. He
reminded the members that the economic development provisions of the
Charter represented for the under-developed countries an important
counterpart to their obligations under the Charter. They were
essential to the balance of the Charter. Therefore, much importance
was attached to this resolution by those countries in spite of the
possibility of overlapping work with other agencies. He did not
consider that overlapping presented a real difficulty, as research
work on economic development would later be one of the essential
functions of the Organization. He requested that the Executive
Secretary's statement be made known to the other members of the
Interim Commission in order that they should be aware of the reasons
for the limitations on this work and also that they should have a
most complete explanation of the action taken by other United Nations
bodies and by the United States Government.
Mr. PHILIP (France) said that although he would only be able
to give a definite reply in a few days, he wished to make a few
comments now on the Executive Secretary's paper:
1. The September meeting should certainly be postponed, at least
until next spring. ICITO/1/17
page 5
2. The Secretariat should continue and he thought that the
question was not one of providing work for the Secretariat but of
defining such work within the limitations set by the terms of
reference and the budget. There were, in his opinion, four large
questions to be dealt with:
(a) the question of economic development raised by the
delegate of Brazil; he agreed with the Executive Secretary
that the Interim Commission should not overlap with other
agencies and thought that the work was appropriately defined
in the resolution as examination and much important
preparatory work could be done in order that the First
Conference should be able to make recommendations and take
appropriate action.
(b) commodity policy; it was very important that
governments should put Chapter 6 into provisional application
as otherwise agreements and organizations would be created
which were not in accordance with the spirit of the Charter
and in some case might even be contrary to it.
(c) the operation of the General Agreement; he considered
that it had become apparent at this session that the
CONTRACTING PARTIES could accomplish their work more
rapidly and in some cases arrive at decisions that were
now impossible, if the Secretariat were empowered to proceed
with studies regarding the application of certain articles
prior to the sessions themselves.
(d) there was another question which, although perhaps less
urgent he considered the most important of all. It seemed
to him that the atmosphere had changed since the Havana
meeting. At that time there was the general feeling that
countries were tending fairly rapidly towards a general ICITO/1/17
page 6
lowering of trade barriers, However, at this meeting, there
had been a number of requests for the maintenance or
imposition of restrictions. He believed that these difficulties
were still due to the adjustments consequent upon the
circumstances of the post war world and that they would be
temporary. However, if these phenomena of temporary
disequilibrium were to continue, it would become apparent
that they were symptoms of a general disequilibrium as
foreseen in Articles 4 and 21 (6) of the Charter and Article
XII (5) of the General Agreement and that they should be
dealt with on an international plane. He considered that
it would be disastrous to deal with such problems one by
one as they arose or to leave individual countries to deal
with them. The result would only be deterioration of the
general economic situation. The Secretariat should keep
abreast of all these happenings so that necessary action
could be initiated under the appropriate provision of the
General Agreement.
Mr. PETIJN (Netherlands) also said that he was unable to
give the formal position of his Government regarding the proposals
in the Executive Secretary' s memorandum. He considered that the
problem of economic development and the question of provisional
application of Chapter 6 were the most important questions. He
agreed that meetings of the CONTRACTING PARTIES were somewhat
unsatisfactory as much time had to be devoted to fact finding which
was more appropriately the work of the Secretariat and he would be
glad to support formal instructions to the Secretariat giving them
broader responsibilities. He also agreed that something must be
done with regard to commodity arrangements. With regard to the ICITO/1/17
page 7
economic development, he accepted the explanation of the Executive
Secretary and hoped that the Secretariat would follow closely the
situation as there might come a time when these activities would
have to be taken up by ITO on a more technical level.
Mr. HEWITT (Australia) wished to clarify the situation
with regard to the work of the Executive Committee at the Second
Session concerning economic development. The Havana resolution
had been adopted in order to ensure that a decision would be taken
at the first conference for undertaking work in this field. The
report of the Second Session clearly stated that there was no
intention of submitting it as the report of the Interim Commission
to the first conference and that it in no way satisfied the scope
of the resolution. The Executive Committee had then decided that
a report be prepared at the Third Session of the Executive Committee
in the light of consideration by members of the Committee and a
further study on the part of the Secretariat. It had also been
considered that a report would only be of use to the conference if
it were prepared nearer to the actual time of the conference, when
it would be more up to date. He agreed that the suggestions on
economic development in the Executive Secretary's memorandum be
carried out together with the decision by the Executive Secretary
on the report of the sub-committee of the Second Session on economic
development.
Mr. LEWIS (United States) said that he was glad that the
Executive Secretary's memorandum did not contemplate any significant
broadening of the functions of the Interim Commission. His
Government was anxious that these functions should be confined to
administrative matters and not extended to substantive matters within
the scope of the Charter itself. He agreed that the date of the ICITO/1/17
page 8
Third Session should be postponed and with the suggestion regarding
economic development. With regard to Commodity Policy, he
considered it inadvisable for the Interim Commission to take the
initiative in this matter although it might be possible for the
Economic and Social Council to do so. He thought it was appropriate
for the Secretariat to take action as suggested in paragraph 4 of
the Memorandum. He considered that in the field of general
commercial policy there was an important work for the Secretariat
and agreed with Mr. Philip that considerable work could be done
under paragraph 2 (a) of the Memorandum. His delegation would
like to have a report in connection with Article Xl(1) (d) and
also a study undertaken with respect to Article XII (5).
Dr. AUGENThHLER (Czechoslovakia) considered that the most
definite question to be settled was the procedure regarding the
date of 30 September and the other dates under Article 103 (3)
71 (a) and 23 (1) (g). Something was necessary in order to put
this matter in order and the Committee had no right to alter the
obligation upon the Secretary-General of the United Nations. He
suggested that the signatories of the Final Act might have a brief
meeting prior to the General Assembly at which they would sign a
protocol altering these dates. The members of the Interim
Commission should also have a brief meeting at the same time to
decide whether the terms of reference Ofothe Interim Commission
should be extended. With regard to economic development, he
suggested that the Interim Commission decide which field it should
take up after the Economic and Social Council had taken some
decision regarding the Secretary-General's Report.
The EXECUTIVE SECRETARY replied that after the informal
meeting of the representatives of the Executive Committee present ICITO/1/17
page 9
in Annecy he had looked into the question of the Charter dates and
had consulted with members of the Legal Department of the United
Nations. This consultation had resulted in a decision that it was
unnecessary to embark on the cumbersome procedure of amending
Article 103. The Article does not call for a meeting but for the
Secretary-General to invite consultation among those governments
which have deposited instruments of acceptance, and there is no
obligation upon governments to consult. With regard to Article 71,
which defines the original members of the Organization, it also had
seemed to him that it would be more appropriate for the first
Conference to agree upon a new formula for a definition of original
membership. Concerning Article 23 (1) (g), again the Conference
would find itself in a position where it was impossible to comply
with the date set in the Charter and the Conference itself should
decide upon the nearest date possible. The legal position was that
if it was possible, owing to force majeure to fulfil ar obligation,
then the obligation was no longer binding. He further explained
that his memorandum was based upon action which could be taken
within the existing terms of reference and in view of the complete
delegation of powers by the Interim Commission to the Executive
Committee, action could be taken by the latter without, reference
to the Interim Commission as a whole .
Mr. de ALBA (Mexico) agreed with the suggestion that the
date of the September meeting should be postponed. He considered
that the Interim Commission had an honourable role stimulating
ratification of the Charter by all possible means as suggested by
Mr. Politis. He did not regret that the establishment of the
Organization had been delayed as the present economic situation was
compIetely abnormal and consequently the Organization could not, at ICITO/1/17
page 10
present., fulfil its intended role. He thought that the work of the
Interim Commission itself should be very limited,
Mr. SHACKLE (United Kingdom) stated that he would present
only general views as he had no instructions. Certainly, the Third
Session should be postponed, and he agreed with the Executive Secretary
that the mechanism of postponing the meeting could be a simple one.
Perhaps there should be a further meeting of the Executive Committee
in order to consider the important question of Commodity Policy. He
agreed in general with Mr. Philip and Mr. Patijn and particularly
welcomed Mr. Philip's remark on Commodity Policy. There was a
serious risk if the Chapter were not put into affect that agreement
might be made contrary to the Charter and he strongly agreed with
the suggestion of Sir James Helmore that means should be found for
putting it into force on a provisional basis. He thought that the
initiative must come from the Interim Commission as they were the only
legatees of the Havana Conference and he disagreed with the suggestion
of the United States delegate regarding the Economic and Social Council
as experience had shown that there was little hope of achieving
practical results quickly through the Council. He stressed that this
was a matter to be taken up at once and he hoped that there would be
a detailed exchange of views at the present meeting. He agreed with
Mr. Philip that the Secretariat should take a more active role for the
Contracting Parties and thought that the details of paragraph 2 (a-d)
would more appropriately be decided by the CONTRACTING PARTIES them-
selves. Finally, he agreed that the Secretariat should keep abreast
of developments as suggested in paragraph 4. With regard to the
suggestion of Mr. Politis, he was doubtful if this was the best way of
handling the matter. It was perhaps preferable that the delegations ICITO/1/17
page 11
present at Annecy should explain to their own governments the
unsatisfactoriness of the present situation.
The CHAIRMAN proposed that the meeting be continued the
following day as he considered it useful to have full discussion even
though it were not possible to reach definite decisions. He said
that the Vice-President, Mr. Philip, would take the chair.
The meeting adjourned at 5.45 p.m. |
GATT Library | kg733gh2685 | Entrée en vigueur des Protocoles de Genève : Note du Secrétaire Exécutif | Accord General sur les Tarifs Douaniers et le Commerce, January 25, 1949 | General Agreement on Tariffs and Trade (Organization) | 25/01/1949 | official documents | GATT/CP/7 and GATT/CP/7+Add.1-4, +Add.1/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/kg733gh2685 | kg733gh2685_90070112.xml | GATT_143 | 139 | 948 | UNRESTRICTED
GATT/CP/7
25 janvier 1949
ACCORD GENERAL SUR LES TARIFS FRENCH ENGLISH
DOUANIERS ET LE COMMERCE
Entrée en vigueur des Protocoles de Genève
Note du Secrétaire exécutif
Protocole portant modification de la Partie II et de L'Article
D'après les renseignements retus aujourd'hui du Siège
provisoire des Nations Unies, ce Protocole est entré en
vigueur à la date du 14 décembre 1948. A la date du 17 janvier,
il n'avait pas encore été accepté par les pays suivants :
Australie, Birmanie, Brésil, Nouvelle-Zélande, Rhodésie du
Sud, Tchécoslovaquie.
Protocole portant modification de la Partie I et de l'Article
Ce Protocole n'entrera en vigueur que lorsqu'il aura
été accepté par toutes les Parties Contractantes. A la date
du 17 Janvier, les pays qui n'avaient pas encore déposé leurs
instruments d'aoceptation étaient : la Birmanie, le Brésil,
la Nouvelle-Zélande et la TchécosIovaquie.
i |
GATT Library | kq289vv8978 | Entrée en vigueur du Protocole : Corrigendum | Accord General sur les Tarifs Douaniers et le Commerce, February 14, 1949 | General Agreement on Tariffs and Trade (Organization) | 14/02/1949 | official documents | GATT/CP/7/Add.1/Corr.1 and GATT/CP/7+Add.1-4, +Add.1/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/kq289vv8978 | kq289vv8978_90070114.xml | GATT_143 | 48 | 334 | UNRESTRICTED
ACCORD GENERAL SUR LES TARIFS
DOUANIERS ET LE COMMERCE
GATT/CP/7/Add.1 /Corr. 1
14 février 1949
FRENCH ONLY
Entrée en vigueur du Protocole
Corrigendum
Lignes 3 et 4:
Lire:
...... Protocole portant modification de la Partie II et
de l'article XXVI et le Protocole portant modification ...
_- |
GATT Library | ns277zj0098 | Entrée en vigueur du Protocole de Genève | Accord General sur les Tarifs Douaniers et le Commerce, February 8, 1949 | General Agreement on Tariffs and Trade (Organization) | 08/02/1949 | official documents | GATT/CP/7/Add.1 and GATT/CP/7+Add.1-4, +Add.1/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/ns277zj0098 | ns277zj0098_90070113.xml | GATT_143 | 116 | 791 | UNRESTRICTED
GATT/CP/7/Add. 1
8 février 1949
ACCORD GENERAL SUR LES TARIFS
DOUANIERS ET LE COMMERCE
Entrée en vigueur du Protocole de Genève
Le Gouvernement de la Nouvelle-Zélande a avisé le
Secrétariat que les instruments d'acceptation du
Protocole portant modification de l'article XXVI de
la Pertie II et le Protocole portant modification de
article XXIX de l'Acoord général sur lea tarifs
douaniers et le commerce ont été adressés au Secrétaire
Général de l'Organisation des Nations Unies.
Le Secrétaire général de l'Organisation des Nations
Unies a fait connaître que le Gouvernement de la
Rhodésie du Sud a, le ler février, déposé un instru-
ment d'acceptation du Protocole portant modification
de la Partie II et de l'article XXVI.
A |
GATT Library | sh631ts7951 | Entry into force of the Geneva Protocols | General Agreement on Tariffs and Trade, February 8, 1949 | General Agreement on Tariffs and Trade (Organization) | 08/02/1949 | official documents | GATT/CP/7/Add.1 and GATT/CP/7+Add.1-4, +Add.1/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/sh631ts7951 | sh631ts7951_90070108.xml | GATT_143 | 95 | 614 | UNRESTRICTED
GATT/CP/7/Add. 1
8 February 1949
ORIGINAL : ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
Entry into Force of the Geneva Protocols
The Government of New Zealand has advised that instru-
ments of acceptance of the Protocol Modifying Part II and
Article XXVI and the Protocol Modifying Part I and Article
XXIX have been dispatched to the Secrtary-General of the
United Nations.
Thle Seoretary-General of the United Nations has advised
that an instrument of acceptance of the Protocol Modifying
Part II and Article XXVI was deposited by the Government of
Southern Rhodesia on 1st February. |
GATT Library | hx404rn4169 | Entry into force of the Geneva Protocols : Addendum | General Agreement on Tariffs and Trade, March 14, 1949 | General Agreement on Tariffs and Trade (Organization) | 14/03/1949 | official documents | GATT/CP/7/Add.4 and GATT/CP/7+Add.1-4, +Add.1/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/hx404rn4169 | hx404rn4169_90070117.xml | GATT_143 | 135 | 882 | UNRESTRICTED
GATT/C P/7/Add.4
14 March 1949
GENERAL AGREEMENT ON TARIFFS AND TRADE
Entry into Force of the Geneva Protocols
Addendum
The Government of Czechoslovakia has advised that instru-
ments of acceptance have been deposited with the Secretary-
General of the United Nations for the Protocol Modifying
Part I and Article XXIX and for the Protocol Modifying Part
II and Article XXVI.
UNRESTRICTED
GATT/CP/7/Add .4
14 March 1949
ACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCE
Entrée en vigueur des protocoles de Genève
Addendum
Le gouvernement de la Tchéooslovaquie e fait connaître qu'il
a déposé entre les mains du Secrétaire général de l'Organisation
des Nations Unies les instruments d'acceptation du protocole por-
tant modification de la Partie I et de l'Article XXIX et du protocole
portant modification de la Partie II et de l'Article XXVI. |
GATT Library | jt178nz5167 | Entry into force of the Geneva Protocols : Addendum | General Agreement on Tariffs and Trade, February 21, 1949 | General Agreement on Tariffs and Trade (Organization) | 21/02/1949 | official documents | GATT/CP/7/Add.2 and GATT/CP/7+Add.1-4, +Add.1/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/jt178nz5167 | jt178nz5167_90070109.xml | GATT_143 | 130 | 835 | UNRESTRICTED
GATT/CP/7/Add . 2
21 February 1949
GENERAL AGREEMENT ON TARIFFS AND TRADE
Entry into Force of the Geneva Protocols
Addendum
The Secretary-General of the United Nations has advised
that instruments of acceptance of the Protocol Modifying
Part I and Article XXIX and the Protocol Modifying Part II
a.nd Aiticle XXVI were deposited by the Government of Burma on
15 February 1949.
ACCORD GENERAL SUR LES TARIFS DOUANIERS
ET LE COMMERCE
Entrée en vigueur des Protocoles de
Genève
Addendum
Le Secrétaire général de l'Organisation des Nations Unies
a fait connaître que le Gouvernement de Birmanie a déposé le
15 février 1949 les instruments d'acceptation du Protocole por-
tant modification de le Partie I et de l'article XXIX et du
Protocole portant modification de la Partie II et de l'article
~~~~~~~~~f~ |
GATT Library | yv538dx5357 | Entry into force of the Geneva Protocols : Addendum | General Agreement on Tariffs and Trade, March 7, 1949 | General Agreement on Tariffs and Trade (Organization) | 07/03/1949 | official documents | GATT/CP/7/Add.3 and GATT/CP/7+Add.1-4, +Add.1/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/yv538dx5357 | yv538dx5357_90070110.xml | GATT_143 | 124 | 841 | UNRESTRICTED
GATT/CP/7/Add .3
7 March 1949
Original : ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
Entry into Force of the Geneva Protocols
Addendum
The Secretary-General of the United Nations has advised
that an instrument of acceptance of the Protocol Modifying
Part II and Article XXVI was deposited by the Government of
Australia on 25 February 1949.
UNRESTRICTED
GATT/CP/7/Add.3
7 March 1949
Original : ENGLISH
ACCORD GENERAL SUR LES TARIFS
DOUANIERS
ET LE COMMERCE
Entrée en vigueur des Protocoles de Genève
Addendum
Le Secrétaire général de l'Organisation des Nations
Unies a fait savoir que, le 25 février 1949, un instrument
d'acceptation du Protocole portant modification de la Partie
II et de l'Article XXVI a été déposé par le Gouvernement du
Commonwealth d'Australie. --
Elm iI |
GATT Library | vf716zy2749 | Entry into force of the Geneva Protocols : Addendum | General Agreement on Tariffs and Trade, March 7, 1949 | General Agreement on Tariffs and Trade (Organization) | 07/03/1949 | official documents | GATT/CP/7/Add.3 and GATT/CP/7+Add.1-4, +Add.1/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/vf716zy2749 | vf716zy2749_90070116.xml | GATT_143 | 124 | 826 | UNRESTRICTED
GATT/CP/7/Add. 3
7 March 1949
Original : ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
Entry into Force of the Geneva Protocols
Addendum
The Secretary-General of the United Nations has advised
that an instrument of acceptance of the Protocol Modifying
Part II and Article XXVI was deposited by the Government of
Australia on 25 February 1949.
UNRESTRICTED
GATT/CP/7/Add .3
7 March 1949
Original : ENGLISH
ACCORD GENERAL SUR LES TARIFS DOUANIERS
ET LE COMMERCE
Entrée en vigueur des Protocoles de Genève
Addendum
Le Secrétaire général de l'0rganisation des Nations
Unies a fait savoir que, le 25 févrior 1949, un instrument
d'acceptation du Protocole portant modification de la Partie
II et de l'Article XXVI a été déposé par le Gouvernement du
Commonwealth d'Australie.
S -~~~~~~~V., |
GATT Library | hv698dz9682 | Entry into force of the Geneva Protocols : Addendum | General Agreement on Tariffs and Trade, March 14, 1949 | General Agreement on Tariffs and Trade (Organization) | 14/03/1949 | official documents | GATT/CP/7/Add.4 and GATT/CP/7+Add.1-4, +Add.1/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/hv698dz9682 | hv698dz9682_90070111.xml | GATT_143 | 133 | 878 | UNRESTRICTED
GATT/CP/7/Add.4
14 March 1949
GENERAL AGREEMENT ON TARIFFS AND TRADE
Entry into Force of the Geneva Protocols
Addendum
The Government of Czechoslovakia has advised that instru-
ments of acceptance have been deposited with the Secretary-
General of the United Nations for the Protocol Modifying
Part I and Article XXIX and for the Protocol Modifying Part
II and Article XXVI.
UNRESTRICTED
GATT/CP/7/Add.4
14 March 1949
ACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCE
Entrée en vigueur des protocoles de Genève
Addendum
Le gouvernement de la Tchécoslovaquie a fait connaîre qu'il
a déposé entre les mains du Seorétaire général de l'Organisation
des Nations Unies lee instruments d'acceptation du protocole por-
tant modification de la Partie I et de l'Article XXIX et du protocole
portant modification de la Partie II et de l'Article XXVI. |
GATT Library | gz674jv9748 | Entry into force of the Geneva Protocols : Note by the Executive Secretary | General Agreement on Tariffs and Trade, January 25, 1949 | General Agreement on Tariffs and Trade (Organization) | 25/01/1949 | official documents | GATT/CP/7 and GATT/CP/7+Add.1-4, +Add.1/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/gz674jv9748 | gz674jv9748_90070107.xml | GATT_143 | 121 | 858 | UNRESTRICTED
GATT/CP/7
25 January 1949
ORIGINAL : ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
Entry into Force of the Geneva Protocols
Note by the Executive Secretary
PrLt ad d ring Pairt I l and
Information has today been received from the temporary
Headquarters of the United Nations that this Protocol
entered into force on 14 December 1948. On 17 January it
h,d not yet be3n accepted by Australia, Brazilq Burma,
Czechoslovakia, New Zealand and Southern Rhodesia.
Protocol Modiftiag ParL.l II2A
This Protocol will not enter into force until it has
been accepted by all Contracting Parties. On 17 January
the following had not yet deposited their instruments of
acceptance: Brazil Burma, Czechoslovakia and New Zealand.
.~~~~~~~~~~~~~~~~~r _
~~~~~
~ _ _ |
GATT Library | pf101tp8440 | Entry into force of the Geneva Protocols : Note by the Executive Secretary | General Agreement on Tariffs and Trade, January 25, 1949 | General Agreement on Tariffs and Trade (Organization) | 25/01/1949 | official documents | GATT/CP/7 and GATT/CP/7+Add.1-4, +Add.1/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/pf101tp8440 | pf101tp8440_90070107.xml | GATT_143 | 0 | 0 | |
GATT Library | yv600jj2688 | Estimated 1950 contribution for each Contracting Party on the basis of a revised scale of contribution based on the volume of foreign trade | July 26, 1949 | 26/07/1949 | official documents | Budget W/1 and GATT/CP.3/WP.9/BUDGET/W/1-3 | https://exhibits.stanford.edu/gatt/catalog/yv600jj2688 | yv600jj2688_91870579.xml | GATT_143 | 199 | 1,287 | Budget W/1 26 July 1949
Estimated 1950 contribution for each Contracting Party on the basis
of a revised scale of contribution based on the volume of
foreign trade.
Category and Country
:Contribution of each country in
dollars
CATEGORY A 20 units per country
United Stptes
United Kingdom
CATEGORY B - 7 units per country
France
CATEGORY C - 5 units per country
Belgium
Canada
CATEGORY - 4 unit per country
Australia
Brazil
China
Netherlnds
S.Africa
Sweden
CATEGORY E - 2 units per country
Czechoslovakia
India
Norway
New Zealand
Pakistan
Denmark
Italy
CATEGORY F - 1 unit per country
Burma
Ceylon
Cuba
Lebanon
Luxemburg
S. Rhodesia
Syria
Colombia
Chile
Dominican Republic
Finland
Greece
Haiti
Liberin
Nicaragua
Uruguay
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
54,441. 20
54,441,20
108,882.40
19,055.12
13 , 610.30
,36,3Q0
10,888.24
10,888,24
1Q0 888. 24
10,888.24
1C, 88, 24
jg 888. OI
5 444.12
5,444.12
5,444.12
5,444.12
5 s 444.- 12
5,444.12
5,444.12
a 444..jLj
2,722.06
2,722 06
2,722.06
2,722.06
2,722.C6
2,722.06
2,722.06
2,722.06
2,722.06
2,722.06
2,722.06
2,722.06
2,722.06
2,722.06
2 , 7220 06
TOTAL
27,220. 60
43,552. 94
38,108.84
43,552.96
302,149.34 |
|
GATT Library | zk171tq2512 | Etablissement de statistiques distinctes pour le Pakistan : Note de la délégation du Pakistan | General Agreement on Tariffs and Trade, May 10, 1949 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 10/05/1949 | official documents | GATT/CP/18 and GATT/CP/18 | https://exhibits.stanford.edu/gatt/catalog/zk171tq2512 | zk171tq2512_90070157.xml | GATT_143 | 213 | 1,517 | RESTRICTED
LIMITED B
GATT/CP/18
GENERAL AGREEMENT ACCORD GENERAL SUR 10 mai 1949
ON TARIFFS AND LES TARIFS DOUANIERS FRENCH
TRADE ET LE COMMERCE
Parties contractantes
Etablissement de statistiques distinctes pour Le Pakistan
Note de La dTLTgation du Pakistan
Au cours des entretiens prTliminaires qu'elle a eus avec
les dTle'guTs de certains pays participant aux nTgociations d'Annecy,
la dTlTgation du Pakistan a oonstatT que ces pays n'Ttablissent pas
de statistiques distinctes relatives au commerce d'importation et
d'exportation avec le Pakistan, mais bien des statistiques communes
pour l'Inde et le Pakistan. Il en rTsulte qu'il est difficile
pour cette delegation de mener des nTgociations tarifaires, et
notamment d'Tvaluer l'importance des concessions qu'elle est appelTe
a nTgocier a Annecy. C'est la Tgalement une source de confusion
lorsqu'il s!agit de dTterminer la part du Pakistan dans le commerce
mondial. C'est pourquoi la dTlTgation du Pakistan serait reconnais-
sante aux Parties contractantes et aux pays adhTrant a l'Accord
de bien vouloir prendre sans retard les mesures nTcessaires pour
Ttablir, a l'Tgard du Pakistan, des statistiques commerciales dis-
tinctes. Elle se rend compte que, le Pakistan n'existant que
depuis le 15 août 1947, il est peut-Otre difficile de fournir des
statistiques distinctes pour 1947, mais elle espFre qu'il sera
possible de le faire pour l'annTe statistique commentant en 1948. |
GATT Library | yy212yt6850 | Etat des Negociations de la Colomble | General Agreement on Tariffs and Trade, August 30, 1949 | General Agreement on Tariffs and Trade (Organization), Négociations Tarifaires, and Tariff Negotiations | 30/08/1949 | official documents | GATT/CP.1/36 and GATT/CP.3/88 | https://exhibits.stanford.edu/gatt/catalog/yy212yt6850 | yy212yt6850_90320343.xml | GATT_143 | 471 | 3,161 | RESTRICTED
LIMITED B
GENERAL AGREEMENT ACCORD GENERAL SUR GATT/CP.1/36
ON TARIFFS AND LES TARIFS DOUANIERS FRENCH
TRADE ET LE COMMERCE ORIGINAL: ENGLISH
Négociations tarifaires
ETAT DES NEGOCIATIONS DE LA COLOMBLE
Le Secrétaire exécutif a recu deux lettres signées conjointe-
ment, l'une par la délégation de la colombia et cella des Etats-Unis,
l'autre par la Colombe et le Benelux. Les signataires demandent que
les negociations entreprises soient considérées comme "des negociations
inachevées" qui, espére-t-on, pourront être menées à bien à uns date
ultérieure.
Par ailleurs, la délégation de la Colombie a adressé au Secré-
taire exécutif une lettre en date du 29 aout, par laquelle elle lui
fait savir que le Gouvernement de la Colombie retire actuellement
sa demande d'adhésion à l'Accord général. Cette lettre est conque en
ces termes
"La délégation de la Colombie à la Conférence d'Annecy a mis
tout en oeuvre pour mener à bien ses négociations en vue de
permettre l'adhésion de son pays & l'Accord général sur les
tarifs douaniers et le commerce et elle a notifié, en temps
voulu, au Secrétariat, les résultats obtenus.
Un grand nombre de négociations ont été menées à bien, mais, il
n'a pas été possible de concluro celles engagéea avec les Etats-
Unis et le Benelux, ce dont le Secrétariat a 6galement été in-
forme par une communication signée conjointement, dans chaque
cas, par les deux partenaires. Ces deux négociations ont été
considérées comme des "négociations inachevées" qui doivent être
terminées à une date ultérieure.
Conformément à ce qui avait été convenu au cours de nos entre-
tiens avec le Secrétaire exécutif, M. Wyndham White, et dans la
measure où les plus importantes des négociation colombiennes
sont celles que nous avons engagées avec les Etats-Unis, et
étant donné, par ailleurs, que ces derniéres n'ont pas été me-
nées à chef, la Colombie a demdé aux pays avec lesquels elle
avait mend à bien des nàgociations à Annecy, qu'ils veuillent
bien considérer ces négociations comme demeurant "en suspent'
tant que les "négociations inachevées" n'auront pas été termi-
nées. GATT/TN.1/36
GATT/CP.3/88
Page 2
Dans ces conditions, la délégation del la colombia retire
actuellement sa demande d'adhésion à l'Accord général,
étant bien entendu que le Gouvernement colombien désirera
peut-étre introduire, à une date ultéricure, une nouvelle
demande d'adhésion. "
Comme la plupart des listes ont déjà été numététées, il est
proposé que la numérotation en demeure inchangée et que la liste XXI,
qui ne sera pas établie, soit réservée à la Colombie. Il est égale-
ment prévu que les délégations ne tiendront pas à modifier leurs
listes par suite du retrait de la Colombie, car les dispositions du
paragraphe 4 du Protocole d'Annecy des conditions d'adhésion, ou
celles du paragraphe 4 de la Décision d'Annecy sur lea conditions
d'adhdsion, réservent tous leurs droits de suspendre ou de retirer
les concessions négociées avec la Colombie. |
GATT Library | sv923vc3808 | Exemption Accordee a Ceylan en ce Qui Concerne les Objets de Cuivre aux Termes De L'alinea 8(b) de L'Art.XVIII : Note du Secretaire executif | Accord General sur les Tarifs Douaniers et le Commerce, October 1, 1949 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 01/10/1949 | official documents | GATT/CP/38 and GATT/CP/38 | https://exhibits.stanford.edu/gatt/catalog/sv923vc3808 | sv923vc3808_90300133.xml | GATT_143 | 221 | 1,520 | RESTRICTED
LIMITED B
GATT/CP/38
ACCORD GENERAL SUR LES TARIFS 1 October 1949
FRENCH
DOUANIERS ET LE COMMERCE Original: ENGLISH
PARTIES CONTRACTANTES
EXEMPTION ACCORDEE A CEYLAN EN CE QUI CONCERNE LES
OBJETS DE CUIVRE AUX TERMES DE L'ALINEA 8(b) DE L'ART.XVIII
Note du Secretaire executif
1. Le 13 aout 1949, les PaRTIS CONTRACTANTES ont decide d'accorder au
Gouvernement de Ceylan, a la. suite de la demande qu'il avait presentee en
se fondant sur les dispositions de l'alinea 8(b) de l'article XVIII, une
exemption conditiormelle relative a l'adoption d'une measure non discrimi-
natoire destinee a pexmettre le developpement de l'industrie des objets de
cuivre. Lee PARTES CONTRACTNTED ont decide en meme temps que cette
exemption ne prerdrait effet que si, a la date du 30 septembre 1949, le
gouvernment de l'Inde, seule partie contractante qui se considerait comme
affectee de façon appreciable par la mesure proposee, n'avait eleve aucunse
objection a l'encontre de cette mesure (GATT/CP.3/85).
2. Le 29 septembre 1949, le Gouvernement de l'Inde a informe le Secre-
tariat qu'apres avoir poursuivi l'etude de la question, il avait decide
de n'eiever aucune objection a l'encontre de cette mesure.
3. L'exemeption enoncee a l'alinea 2(b) du Rapport du Groupe de travail
char e d'examiner la demande de Ceylan (GATT/CP.3/85) a donc pris effet
en vertu des dispositions de l'alinea 8(b)(i) de l' article. |
GATT Library | gw861nm2187 | Explanatory note regarding the imposition of consumption taxes on foreign products (Submitted by the Delegation of Brazil) | Contracting Parties, May 2, 1949 | Contracting Parties and Working Party 7 on Brazilian Internal Taxes | 02/05/1949 | official documents | GATT/CP3/WP.7/2 and GATT/CP.3/WP.7/1-4, WP.7/2/Add.1-3 | https://exhibits.stanford.edu/gatt/catalog/gw861nm2187 | gw861nm2187_91870564.xml | GATT_143 | 798 | 4,921 | RESPRICTED
LIMITED C
GATT/CP3/WP.7/2
2 May 1949
Contracting Parties
Third Session
WORKING PARTY 7 ON BRAZILIAN INTERNAL TAXES
Explanatory note regarding the imposition of consumption
taxes on foreign products
(Submitted by the Delegation of Brazil)
In response to the request made by the Delegate for the
United Kingdom, during the discussion of item 16 of the Agenda
of the Contracting Parties (GATT/CP.3/2.Rev.2, 8 April), the
Brazilian Delegation presents the following information on new
internal taxes the imposition of which France has deemed to
be in conflict with the provisions of Article III of the GATT.
As the Braziliazn Delegate emphasized, at the meetings of
the Contracting Parties on 25th and 23th April, the consunmtion
taxes on foreign products, in excess of those levied on similar
national products, are being imposed strictly in accordance with
the provisions of Paragraph J. (b). of the Protocol of Provisional
Application where it is stated that the signatories to that
Protocol undertake to apply provisionally Part II of the GATT
to the fullest extent not inconsistent with existing legislation,
The changes introduced. in Brazilian legislation on
consumption taxes, by the Law n. 494 of Novomber 26th, 1948, as
a general rula do not affect the levels of discrimination between
national and foreign products existing in the previous legislation
which was consolidated by the Decrec-law n. 7 404 of March 22nd,
1945.
Recently the Brazilian Congress, taking into account the
necessity of obtaining additional financial resources in order
to meet the evergrowing expansion of public expenditure, decided
to increase duties mainly on articles considered to be less 2.
essential to the national economy. For that reason, duties
were increased on beverages, tobacco and some other products
considered the least necessary to the maintenance of the
standard of living of the Brazilian population.
Although the rates of consumption taxes have boon modified,
as may be inferred from the table below, the now level of
taxation maintains the level of discrimination that existed
before.
As regards watches and clocks of any kind, in cases in
which precious stones and precious metals are not applied, a
certain discrimination against the foreign product was in
fact established by the Law n. 494, 26th Novembor 1948.
However, the national product ion of watches and clocks is
negligible, being only confined to alarm and wall or hanging
clocks, and except for those kinds mentioned above, the
Brazilian imports of wantches and clocks are almost exclusively
of Swiss origin. Therefore, such discrimination causes no harm
to the trade of the contracting parties.
The Brazilian Delegation expects that these statements
will elarify the point raised by the French Delegation.
ALTERATIONS INTRODUCED BY THE LAW N.494,
OF NOVEMBER 26th, 1948 IN THE REGULATIONS INSTITUTED
BY THE LAW N. 7 404 of March 22nd, 1945.
Paragraph X
Watches and clocks, of any kind, with or without eases
in which precious stones or precious metals are not applied, Law n. 7404 of March 22nd, 1945 - 5% tax paid by importer
or producer.
Law n. 494 of November 26th, 1948 5% tax paid by producer
and 12%, besides the
additional 20%, paid by
importer.
Paragraph XIX
BEVERAGES
Beer of high or low fermentations and "chopp".
Law n. 494 of November 26th 1948 - 1/5 of liter Cr$ 0,24
1/2 bottle
1/2 liter
Cr$ 0,40
Cr$, 0,60
bottle Cr$ 0,80
liter
The products of foreign origin are subjected to
Cr$ 1,20
a 100%
increase.
Law n. 7 404, of March 22nd, 1945
a) of high fermentation
1/2 bottle
1/2 liter
bo ttle
liter
Cr$ 0,20
Cr$ 0,30
Cr$ 0,40
Or$ 0,60
b) of low fermentation and "chopp".
1/2 bottle
1/2 liter
bottle
liter
Grp 0,36
Cr 0,54
Cr$ 0,72
Cr$ 1,08
The products of foreign . in xr sub-ected to a 100%
Armangnce, arrack, brandy, cognac, genebra, gin, guestsch
kirch, korch, rhum, ron, whisky, wodka and others internationlly 4.
known, which could be considered similar, of any alcoholie
gradation.
Law n. 7. 404 of 22nd March, 1945 1/2 bottlo Cr$ 1,00
1/2 liter Cr$ 1,50
battle Cr$ 2 ,00
liter Cr$ 3,00
The products of foreign origin are subjected to a 100%
increase.
Law n. 494, of November 26th, 1948 - 1/2 bottle Cr$ 6,00
1/2 litor Cr$ 9,00
bottle Cr$ 12,00
liter Or$ 18,0
The products of foreign origin are subjected to a 100%
inrease.
Aperitifs and like beverages: - bitter aperitifs, bitters,
fornots, vermouths, quinados, forroquinas, gemados and "licores".
Law n. 7 404, of March 22nd, 1945 1/2 bottle Cr$ 1,00
1/2 liter Cr$ 150
bottle Cr$ 2,00
liter Or$ 5,00
The products of foroigz origin xare subjected to a 100%
Law n. 494, of November 26th 1948 - 1/2 bottle Cr$ 2,00
1/2 liter Cr$ 5,,00
bottle Cr$ 4,00
liter 'Cr 6,00
The products of foreign origin are subjected to a 100
increase. |
GATT Library | vh837jc9185 | Explanatory Note submitted by the Bragilian delegation | General Agreement on Tariffs and Trade, May 26, 1949 | General Agreement on Tariffs and Trade (Organization), Contracting Parties, and Working Party 7 on Brazilian Internal Taxes | 26/05/1949 | official documents | GATT/CP.3/WP.7/2/Add. and GATT/CP.3/WP.7/1-4, WP.7/2/Add.1-3 | https://exhibits.stanford.edu/gatt/catalog/vh837jc9185 | vh837jc9185_91870566.xml | GATT_143 | 448 | 2,945 | RESTRICTED
GENERAL AGREEMENT ACCORD GENERAL SUR Limited C
GATT/CP .3/WP.7/2/Add.
ON TARIFFS AND LES TARIFS DOUANIERS 26 May 1949
ENGLISH
TRADE ET LE COMMERCE ORICINAL: FRENCH
Contracting Parties
Third Session
Working Party 7 on Brazilian Internal Taxes
Explanatory Note submitted by the Bragilian delegation
At the last meeting of Working Party 7 on Brazilian Internal
Taxes, the French delegation alleged that the addition made to No. 2
in Paragraph XtX of Table d of the Cpnsolidated Laws on Consumption
Taxes under Law 494 of 26 November 1948, would result in further
protection for the national cognac industry.
As the Brazilian representative has already had occasion to
explain orally, the amendment introduced in 1948 is not designed to
protect the national industry against competition from like foreign
products..
Nor, as the French representative concluded, does it represent a
specification in the classification of a product similar to cognac, a
well-known beverage of French Qrigin.
What we call "conhague de alcatrão, conhague de mel, conhague de
gengibre," is a type of beverage to which have been added aromatic or
medicinal substances Which make it quite distinct from the type of
cognac known throughout the world as such.
The expression "as well as cognacs obtained from the distillation
of home-produced natural grape wine" only serves to extend the
classification adopted in Decree-Law No. 4 327, of May 1942 to the GATT/CP.3/WP 7/2/Add .2
page 2
product of wine distillation to which aromatic or Medicinal substances
have been added.
The law provides treat the generic nauie of this product shall be
expressed in the Portuguese form, accompanied by the description
"alcatrbo, mel ou gengibre" (tar, honey or ginger), so as to avoid
any confusion with cognac (written in French) known throughout the
world.
It is sufficient to point out that home-produced cognac similar
to foreign cognac is liable to a much higher tax than the other
mentioned above (in Portuguese: "conhaque" arid not 'lcognac")0
In the case of cognac proper, the foreign product pays twice the
duty paid by the like national product (Note 2 - Paragraph XIX -
Beverages).
In view of the facts stated above we are led to believe that
the doubts expressed by the French delegation can only be explained by
the complexity of Brazilian legislation on the subject. Indeed, were
the French delegation's arguments justified, the Brazilian legislature
would actually QiaVf' substantially reduced the protection given to the
national product, Further, the like foreign product would only be
liable to a very low tax since a litre of foreign cognac, which at
present pays 36 cruzeiros, would only have to pay 7.20 cruzeiros.
The absurdity of this result shows that the conclusion drawn is
quite erroneous.
III |
GATT Library | fx726hp4277 | Fifth report-of working party 2 on Article XVIII : Extension of Date of Decision on the Application by Ceylon under Paragraph 7 of Article XVIII | General Agreement on Tariffs and Trade, August 4, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 04/08/1949 | official documents | GATT/CP.3/64 and GATT/CP.3/64 | https://exhibits.stanford.edu/gatt/catalog/fx726hp4277 | fx726hp4277_90320287.xml | GATT_143 | 174 | 1,204 | GENERAL AGREEMENT ACCORD GENERAL SUR RESTRICTED
4 ~~~~~~~~~~~~~~~LIMITED B3
ON TARIFFS AND LES TARIFS DOUANIERS GATT/CP.3/64
TRADE ET, LE COMMERCE 4 August 1949
ORIGINAL: ENGLISH
CONTRACTING PARTIES
Third Session
FIFTH REPORT-OF WORKING PARTY 2 ON ARTICLE XVIII
Extension of Date of Decision on the
Application by Ceylon under Paragraph 7 of
Article XVIII
The CONTRACTING PARTIES, in adopting the Third Report of
Working Party 2 (GATT/CP,3/36) decided tnat any decision on the
application by Ceylon under paragraph 7 of Article XVIII would be
made before the end of the Third Session pr 7 August 1949
whichever was the earlier.
As it has not been able to complete its examination of the
application the Working Party, after consultation with the
representative of Ceylon and in agreement with him, now
recommends that any such decision may be given at any time up to
the end of this Session.
The Working Party took note of the fact that this should
involve only a short extension beyond the ninety days referred
to in paragraph 10 of Article XVIII. |
GATT Library | np026rr6080 | Final report of the Committee on Special Exchange Agreements | General Agreement on Tariffs and Trade, June 17, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 17/06/1949 | official documents | GATT/CP.3/44 and GATT/CP.3/44 + Add.1 | https://exhibits.stanford.edu/gatt/catalog/np026rr6080 | np026rr6080_90320214.xml | GATT_143 | 4,657 | 30,356 | RESTRICTED
GENERAL AGREEMENT ACCORD GENERAL SUR LIMITED B
GATT/CP.3/44
ON TARIFFS AND LES TARIFS DOUANIERS 17 June 1949
TRADE ET LE COMMERCE ORIGINAL: ENGLISH
CONTRACTING PARTIES
Third Session
FINAL REPORT OF THE COMMITTEE ON
SPECIAL EXCHANGE AGREEMENTS
1. The Committee was in session at Annecy from April 12 to April 29
and again from June 14 to June 17, 1949, to give a final reading to
the text of a special exchange agreement under the provisions of
Article XV of the General Agreement, and otherwise to complete the work
assigned to it.
2. The texts of the draft special exchange agreement and of the
draft resolutions hereby submitted to the CONTRACTING PARTIES are
annexed to this report.
3. The changes introduced. in the draft agreement annexed to the
interim report of the Committee (GATT/CEA/7, 16 November, 1948) do not
modify substantially that draft, but the form of the agreement has
been altered. Instead of proposing an agreement to which all contrac-
ting parties not members of the International Monetary Fund would be
required to adhere, the Committee is recommending the execution of a
separate document with each such contracting party in the terms of
the agreement annexed to Resolution No. 1 submitted herewith.
4. The text of Articles II and VI of the draft agreement annexed to
Resolution No. 1 will require adjustment if the signatory is to be a
contracting party which uses one or more non-metropolitan currencies,
in addition to the currency of its metropolitan territory, in the
territories in respect of which it has accepted (or is provisionally GATT/CP.3/44
page 2
applying) the General Agreement. Since no present prospective
signatory of a special exchange agreement uses any non-metropolitan
currencies, the Committee did not undertake the preparation of texts
to deal with this problem.
5. The Committee was also instructed in its terms of reference to
recommend the tine within which those contracting parties which are not
members of the Fund must either join the Fund or enter into a special
exchange agreement with the CONTRACTING PARTIES. In draft Resolution
No. 1 submitted by the Committee, it is provided that each such existing
contracting party shall deposit an instrument of acceptance of the
special exchange agreement to be entered into by it with the CONTRACTING
PARTIES on or before the first day after November 1, 1949, on which the
CONTRACTING PARTIES are in session, if it is not then a member of the
Fund. As regards the acceding governments, the Committee suggests
that each such government should be required to accept a special
exchange agreement in the terms of the text annexed to draft Resolution
No. 1 within four months after it has become a contracting party: or
on or before the first day after November 1, 1949 on which the
CONTRACTING PARTIES are in session (whichever is the later), if such
acceding government is not a member of the Fund. Resolution No. 1
provides further that any contracting party which ceases to be a
member of the Fund shall accept the special exchange agreement forthwith,
i.e., in no event later than thirty days after it ceases to be a member
of the Fund.
6. The representatives of New Zealand stressed certain special
difficulties of their Government in relation to Resolution No. 1 and the
text annexed thereto. The Committee therefore submits an additional
Resolution (No. 2) which would exempt New Zealand from acting in
accordance with Resolution No. 1, and accord that government the GATT/CP.3/44
page 3
opportunity to make proposals designed to meet these special
difficulties at the first session of the CONTRACTING PARTIES held
after November 1, 1949. Draft .Resolution No. 2 also contemplates that
the time within which the Government of New Zealand must either join
the Fund or enter into a special exchange agreement would be fixed
after any such proposals have been considered by the CONTRACTING PARTIES.
7. The Committee also proposes that the Chairman of the CONTRACTING
PARTIES should be authorized to sign the special exchange agreements on
behalf of the CONTRACTING PARTIES and to take all necessary action to
execute the agreements and give effect to Resolution No. 1.
8. In connection with Article XII of the Special Exchange Agreement,
which incorporates the obligations of paragraph 8 of Article XV of the
General Agreement, the Committee considered the implementation of the
requirement that contracting parties who are not members of the Fund
furnish financial information. It is recommended that the CONTRACTING
PARTIES request each contracting party not a member of the International
Monetary Fund to furnish to the CONTRACTING PARTIES information such as
contracting parties who are members of the Fund are now required to
furnish to the Fund pursuant to Article VIII, Section 5 of the articles
of Agreement of the Fund. Specific requests should be prepared in
consultation with the Fund and transmitted to the contracting parties concenm
by the Chairman. Copies of all information received should be trans-
mitted promptly to the International Monetary Fund.
9. The Committee recommends further that the CONTRACTING PARTIES, at
their next session, consider the procedural arrangements that will be
necessary to implement the provisions of the special exchange agreements
and that this question be places on the agenda of the fourth session. GATT/CP .3/44
page 4
ANNEX
Draft Resolution No. 1
The CONTRACTING PARTIES,
CONSIDERING that paragraph 6 of Article XV of the General Agree-
ment on Tariffs and Trade provides that any contracting party, which
is not a member of the International Monetary Fund, shall, within a
time to be determined by the CONTRACTING PARTIES, after consultation
with the Fund, become a member of the Fund, or, failing that, enter
into a special exchange agreement with the CONTRACTING PARTIES,
CONSIDERING that paragraph 6 of Article XV of the General
Agreement provides further that any contracting party which ceases to
be a member of the Fund shall forthwith enter into a special exchange
agreement with the CONTRACTING PARTIES,
CONSIDERING further that, in accordance with paragraph 7 of the
said Article, such special exchange agreement shall provide to the
satisfaction of the CONTRACTING PARTIES that the objectives of the
General Agreement will not be frustrated as a result of action in
exchange matters by the contracting party in question, and taking into
account that the terms of such agreement shall not impose obligations
on that contracting party in exchange matters generally more
restrictive than those imposed by the Articles of Agreement of the
International Monetary Fund on members of theFund,
HEREBY ADOPT the text annexed to the Resolution as the text of
the special exchange agreement for the purpose of the above mentioned
provisions of the General Agreement;
RESOLVE that each existing contracting party not then a member
of the Fund shall enter into a special exchange agreement in the terms
of the text annexed to this Resolution by depositing an instrument GATT/CP.3/44
page 5
of acceptance on or before the first day after November 1, 1949 on
which the CONTRACTING PARTIES are in session;
RESOLVE that each government which shall hereafter become a
contracting party shall enter into a special exchange agreement in the
terms of the text annexed to this Resolution by depositing an
instrument of acceptance within four months after it becomes a.
contracting party or on or before the first day after November 1,
1949 on which the CONTRACTING PARTIES are in session (whichever is the
later), if it is not then a member of the Fund;
RESOLVE that any contracting party which ceases to be a member
of the Fund shall enter into a special exchange agreement in the terms
of the text annexed to this Resolution by depositing an instrument of
acceptance forthwith (which shall in no event be later than thirty days
after it ceases to be a member of the Fund); and
AUTHORIZE the Chairman of the CONTRACTING PARTIES to sign on
their behalf each of the agreements referred to above and to take all
necessary action to give effect to this resolution. GATT/CP .3/44
page 6
ANNEX TO RESOLUTION NO. 1
DRAFT OF SPECIAL EXCHANGE AGREEMENT
WHEREAS paragraph 6 of Article XV of the General Agreement on
Tariffs and Trade (hereinafter referred to as "the General Agreement")
provides that any contracting party which is not a member of the
International Monetary Fund (hereinafter called "the Fund") shall,
within a time to be determined by the CONTRACTING PARTIES after con-
sultation with the Fund, become a member of the Fund, or, failing
that, enter into a special exchange agreement with the CONTRACTING
PARTIES; (1)
WHEREAS paragraph 7 of the said Article provides that such
special exchange agreement shall provide to the satisfaction of the
CONTRACTING PARTIES that the objectives of the General Agreement will
not be frustrated as a result of action in exchange matters by the
contracting party in question, and taking into account that the terms
of such agreement shall not impose obligations on the contracting
party in exchange matters generally more restrictive than those
imposed by the Articles of Agreement of the Fund on members of the
Fund;
WHEREAS by Resolution of June 20 1949 the CONTRACTING PARTIES
adopted the text of the special exchange agreement for the purpose of
(1) The first paragraph of the preamble shall be replaced by the
following text in the case of a contracting party which has ceased
to be a member of the Fund:
"WHEREAS paragraph 6 of Article XV of the General Agreement
on Tariffs and Trade (hereinafter referred to as the "General
Agreement") provides that any contracting party which ceases to
be a member of the International Monetary Fund (hereinafter called
"the Fund") shall forthwith enter into a special exchange agreement
with the CONTRACTING PARTIES, " GATT/CP.3/44
page 7
giving effect to tne above-mentioned provisions of the General
Agreement and authorized their Chairman to sign on their behalf a
special exchange agreement in the terms of this text with any con-
tracting party which is not a member of the Fund and to take all
necessary action to give effect to that Resolution;
THE CONTRACTING PARTIES,
and
The Government of acting through its representative
duly authorized for this purpose
HEREBY AGREE AS FOLLOWS
Article I
Exchange Stability and Orderly Exchange Arrangements
The Government of shall collaborate with
the CONTRACTING PARTIES to promote exchange stability, to maintain
orderly exchange arrangements with other contracting parties to the
General Agreement, to avoid competitive exchange alterations, and to
assist in the elimination of restrictions on the making of payments
and transfers for current international transactions with a view to the
establishment of a multilateral system of payments and to the promotion
of international trade.
Article II
Determination of Initial Par Value
1. Unless an initial par value has been previously agreed between
the Government of and the CONTRACTING PARTIES,
the Government of shall, within thirty days
after the CONTRACTING PARTIES so request, communicate to them the par
value of its currency based on the rates of exchange prevailing at
the time. The par value so communicated shall be the initial par value GATT/CP.3/44
page 8
of its currency for the purpose of this Agreement unless within ninety
days after the request has been received (a) the Government of
notifies the CONTRACTING PARTIES that it regards the par value as
unsatisfactory, or (b) the CONTRACTING PARTIES notify the Government of
that in their opinion the adoption of such par value
would be prejudicial to trade among the contracting parties. When such
notification is given, the CONTRACTING PARTIES and the Government of
shall within a period to be determined by the
CONTRACTING PARTIES, agree upon a suitable initial par value.
2. The par value of the currency of shall be expressed
in terms of gold as a common denominator or in terms of the United States
dollar of the weight and fineness in effect on July 1, 1944.
3. The CONTRACTING PARTIES will keep the Government of
currently informed on the par values of the currencies of the other
contracting parties
Article III
Gold Transactions based on Par Value
1. The Government of shall not buy gold at a price above
the par value for its currency plus the margin permissible under this
Article, or sell gold at a price below the par value minus the margin
permissible under this Article.
2. The margins permissible for transactions in gold by the Government
of shall be the same as those permissible to contracting
parties which are members of the Fund,and the CONTRACTING PARTIES shall
keep the Government of informed of such margins.
Article IV
Foreign Exchange Dealings based on Parity
The maimum and minimum rates for exchange transactions between the
currency of and the currencies of other contracting parties GATT/CP.3/44
page 9
taking place within the territories of shall not
differ from parity :
a) in the case of spot exchange transactions, by more than
one percent, and
b) in the case of other exchange transactions, by a margin which
exceeds the margin for spot exchange transactions by more than
the CONTRACTING PARTIES consider reasonable.
Article V
Obligations regarding Exchange Stability
The Government of undertakes, through appropriate
measures consistent with this Agreement, to permit within its territories
exchange transactions between its currency and the currencies of other
contracting parties only within the limits prescribed under Article IV.
The Government of shall be deemed to be fulfilling this
undertaking if its monetary authorities, for the settlement of
international transactions, in fact freely buy and sell gold within the
limits prescribed under Article III.
Article VI
Changes in Par Value
1. The Government of shall not propose a change in the par
value of its currency except to correct a fundamental disequilibrium,
2. A change in the par value of the currency of may be
made only on the proposal of the Government o and only
after consultation with the CONTRACTING PARTIES.
3. When a change is proposed, the CONTRACTING PARTIES shall first
take into account the changes, if any, which have already taken place in
the initial par value of the currency of as determined under
Article II. If the proposed change, together with all provious changes,
whether increases or decreases, GATT/CP.3/44
page 10
a) does not exceed 10 percent of the initial par value,
the CONTRACTING PARTIES shall raise no objection;
b) does not exceed a further 10 percent of the initial par
value, the CONTRACTING PARTIES may either concur or
object, but shall declare their attitude within
ninety-six hours if the Government of so
requests;
c) is not within (a) or (b), the CONTRACTING PARTIES may
either concur or object, but shall be entitled to a
longer period in which to declare their attitude.
4. The CONTRACTING PARTIES shall concur in a proposed change which is
within the terms of (b) or (c) of paragraph 3 if they are satisfied that
the change is necessary to correct a fundamental disequilibrium. In
particular, provided they are so satisfied, they shall not object to a
proposed change because of the domestic social or political policies of
the Government of .
5. If the Fund, in accordance with Article IV, Section 7 of the
Articles of Agreement of the Fund, makes uniform proportionate changes in
the par values of the currencies of Fund members, the Government of
will change its par value proportionately, unless it
informs the CONTRACTING PARTIES within ninety-six hours after it has been
notified by the CONTRACTING PARTIES of the Fund's action that it does not
wish the par value of its currency to be changed.
6. Changes in the par value made under paragraph 5 shall not be taken
into account in determining whether a proposed change falls within (a),
(b) or (c) of paragraph 3.
7. If the Government of changes the par value of its
currency despite the objection of the CONTRACTING PARTIES, in cases where
the CONTRACTING PARTIES are entitled to object, the Government of
shall be deemed to have failed in carrying out its obligations under this
Agreement. GATT/CP.3/44
page 11
Article VII
Avoidance of Restrictions on
Current payments
1. Subject to the provisions of Articles IX and XI, the Government of
shall not, without the approval of the CONTRACTING PARTIES,
impose restrictions on the making of payments and transfers for current
international transactions.
2. The Government of shall not engage in, or permit its
Treasury, central bank, stabilization fund, or other similar fiscal agency,
to engage in any discriminatory currency arrangements or multiple currency
practices except as authorized under this Avreement or approved by the
CONTRACTING PARTIES. If such arrangements and practices have been
maintained since January 1, 1948 (the date on which the General
Agreement was first provisionally applied), the Government of
shall consult with the CONTRACTING PARTIES as to their progressive removal.
This paragraph shall not apply to such arranrgements or practices
maintained or imposed under paragraph 1 of Article XI, in which case the
provisions of paragraph 3 of that Article shall apply.
3. Exchange contracts which involve the currency of any contracting
party and which are contrary to the exchange control regulations of that
contracting party maintained or imposed consistently with the Articles of
Agreement of the Fund or with the provisions of a special exchange
agreement entered into pursuant to paragraph 6 of Article XV of the
General Agreement, shall be unenforceable in the territories of the
Government of In addition, the Government of
may, by mutual accord with other contracting parties, co-operate in
measures for the purpose of making the exchange central regulations of
either contracting party more effective., provided that such measures
and regulations are consistent with this Agreement or with another special
exchange agreement entered into pursuant to paragraph 6 of Article XV of
the General Agreement or with the Articles of Agreement of the Fund,
whichever may be applicable to the contracting party whose measures or
regulations are involved. GATT/CP.3/ 44
page 12
Article VIII
Controls of Capital Transfers
1. The Government of may exercise such controls
as are necessary to regulate international capital movements, but
may not exercise these controls in a manner which will restrict
payments for current transactions or which will unduly delay transfers
of funds in settlement of commitments, except as provided in Articles
IX and XI.
2, Thd Government of undertakes that capital outflow
will be in accordance with the objectives of this Agreement and of the
General Agreement.
Article IX
Scarce Currencies
1. The Government of is authorized to impose
temporarily, after consultation with the CONTRACTING PARTIES, limitations
on the freedom of exchange operations in a currency which has formally
been declared scarce by the Fund in accordance with Article VII,
Section 3 (a) of the Articles of agreement of the Fund. Subject to
the provisions of Articles IV and V of this Agreement, the Government
of shall have complete jurisdiction in determining the
nature of such limitations, but they shall be no more restrictive than
is necessary to limit the demand for the scarce currency to the supply
held by, or accruing to, the Government of ; and they
shall be relaxed and removed as rapidly as conditions permit. The
authorization here mentioned shall expire whenever the Fund formally
declares the currency in question to be no longer scarce.
2. If the Government of is imposing limitations in
accordance with paragraph 1, it shall give sympathetic consideration to GATT/CP.3/44
page 13
any representations by the contracting party whose currency has been
declared scarce regarding the administration of such restrictions.
3. The CONTRACTING PARTIES shall request any contracting party
against which restrictions may be permitted under this Article not to
invoke the obligations of any engagement entered into with the
Government of prior to this Agreement in such a
manner as will prevent the operation of the provisions of this Article.
Article X
Convertibility of Balances Held
by Other Contracting Parties
1. The Government of shall buy balances of its
currency held by another contracting party if the latter, in
requesting the purchase, represents:
(a) that the balances to be bought have been recently acquired
as a result of current transactions; or
(b) that their conversion is needed for making payments for
current transactions.
2. The Government of shall have the option to
pay either in the currency of the contracting party making the request
or in gold.
3. The obligation under paragraph 1 shall not apply
(a) when the convertibility of the balances has been restricted
consistently with Article VII or VIII; or
(b) when the balances have accumulated as a result of transactions
effected before the removal by the Government of
of restrictions maintained or imposed under Article XI; or
(c) when the balances have been acquired contrary to the exchange
regulations of the Government of ; or
(d) when the currency of the contracting party requesting the GATT/CP.3/44
page 14
purchase has been declared scarce and the Government
of has been so notified under
Article IX; or
(e) with the approval of the CONTRACTING PARTIES, in any
particular circumstance in which the fulfilment of the
obligations of paragraph 1 of this Article would dangerously
threaten exchange stability,
Article XI
Transitional Period
1. In the post-war transitional period the Government of
may, notwithstanding the provisions of any other article of this
Agreement, maintain and adapt to changing circumstances
restrictions on payments and transfers for current international
transactions. The Government of shall, however, have
continuous regard in its foreign exchange policies to the intent
of this Agreement and of the General Agreement; and, as soon as
conditions permit, it shall take all possible measures to develop
such commercial and financial arrangements with other contracting
parties as will facilitate international payments and the maintenance
of exchange stability. In particular, the Government of
shall withdraw restrictions maintained or imposed under this
paragraph as soon as it is satisfied that it will be able, in the
absence of such restrictions, to settle its balance of payments in
a manner which will not unduly impair its external financial position.
2. The Government of shall notify the CONTRACTING
PAETIES, within thirty days after it accepts this Agreement whether
it intends to avail itself of the transitional arrangements in
paragraph 1, or whether it is prepared to accept the obligations of
Articles VII and X. If the Government of avails itself
(1) In the case of a government whose territories have been occupied
by the enemy, e.g. Burma, insert after the word "circumstancess"
in the fourth line of paragraph 1 of Article XI the words "and
introduce where necessary". GATT/CP.3/44
page 15
of the transitional arrangements, it sh notify the CONTRACTING
PARTIES as soon as it is prepared to accept the above-mentioned
obligations.
3. Not later then March 1, 1950, and in each year thereafter,
the CONTRACTING PARTIES shall report on the restrictions still in
force under paragraph 1. Not later than March 1, 1952, and in
each year thereafter, if the Government of still
retains any restrictions inconsistent with Article VII or X, it
shall consult with the CONTRACTING PARTIES as to their further
retention. The CONTRACTING PARTIES may, if they deem such action
necessary in exceptional circumstances, make representations to
the Government of that conditions are favourable for
the withdrawal of any particular restriction, or for the general
abandonment of restrictions, inconsistent with the provisions of
any other article of this Agreement. The Government of
shall be given a suitable time to reply to such representations.
If the CONTRACTING PARTIES find that the Government of
persists in maintaining restrictions which are inconsistent with
the intent of this Agreement, the Government of shall
be deemed to have failed in carrying out its obligations under this
Agreement.
4. It is recognized that the post-war transitional period is
one of change and adjustment, and when decisions are being made
on requests occasioned thereby which are presented by the
Government of , that Government shall be given the
benefit of any reasonable doubt. GATT/CP.3/44
page 16
Article XII
Furnishing of Information
1. The Government of shall furnish the CONTRACTING
PARTIES with such information as they may require in accordance with
paragraph 8 of article XV of the General Agreement.
2. In requesting information under paragraph 8 of Article XV
of the General Agreement, the CONTRACTING PARTIES shall take into
consideration the varying abilities of contracting parties to
furnish tho data requested. The Government of shall
be under no obligation to furnish information in such detail that
the affairs of individuals or corporations are disclosed. The
Government of undertakes, however, to furnish the
desired information in as detailed and accurate a manner as is
practicable, and, so far as possible, to avoid mere estimates.
Article XIII
Miscellaneous Provisions
1. The relevant explanation of terms contained in Article XIX
of the Articles of Agreement of the Fund shall apply to this Agreement,
2. The CONTRACTING PARTIES shall at all times have the right to
communicate their views informally to the Government of
on any matter arising under this Agreement.
.3. The CONTRACTING PARTIES shall suspend the operation of ArticleS
IV and V of this Agreement for the same period of time and to the
same extent as the Fund suspends the operation of corresponding
provisions of its Articles of Agreement in accordance with article
XVI, Sectionl, of the Articles of Agreement of the Fund.
4. Without prejudice to article XXIII of the General Agreement,
whenever in the opinion of the CONTRACTING PARTIES the Government
of fails to observe any of the provisions of this GATT/CP.3/44
page 17
Agreement, the CONTRACTING PARTIES shall make representations to the
Government of . The Government of shall
be given reasonable time to reply to such representations.
5. The CONTRACTING PARTIES shall seek an understanding with the
Fund to the effect that,
(a) whenever the CONTRACTING PARTIES consult the Fund on
exchange matters particularly affecting the Government
of , the latter will be offered an
opportunity to present its case directly to the Fund,
and
(b) the Government of may initiate direct
consultation between itself and the Fund in appropriate
eases, provided that it shall notify the Chairman of
the CONTRACTING PARTIES upon such occasion that it
avails itself of this right.
Article XIV
Acceptance, Entry into Force and Termination
1. This Agreement shall be signed on behalf of the CONTRACTING
PARTIES by their Chairman and shall be deposited with the Secretary-
General of the United Nations, who is hereby authorized to register
this Agreement.
2. The Goverment of may accept this Agreement by
depositing an instrument of acceptance with the Secretary-General
of the United Nations. The Secretary-General will inform the
CONTRACTING PARTIES of the date of deposit of such instrument of
acceptance.
3. This Agreement shall enter into force thirty days after the
Government of deposits an instrument of acceptance
in accordance with paragraph 2. GATT/CP.3/44
page 18
4. The provisions of this Agreement, entered into pursuant to
Article XV of the General Agreement, shall be deemed to be included
within that Article.
5. This agreement shall terminate on the day on which the Government
of becomes a member of the Fund or ceases to be
a contracting party.
IN WITNESS WHEREOF, the Chairman of the CONTRACTING PARTIES
has signed this Agreement.
DONE at ,this day of one
thousand nine hundred and . GATT/CP.3/44
page 19
ikW-Jf Resolution No. 2
The CONTRACTING PARTIES
CONSIDERING that the representatives of New Zealand have indicated
that certain special difficulties are raised for their Government by the
text of the special exchange agreement adopted by the CONTRACTING
PARTIES,
RESOLVE that, notwithstanding the provisions of the resolution
adopted by them on the Government of New Zealand
shall not be required to enter into a special exchange agreement until
it has had an opportunity at the first meeting of the CONTRACTING
PARTIES in session after November 1, 1949, to make proposals designed
to meet the difficulties referred to above, and until a date by which
the Government of New Zealand shall enter into a special exchange
agreement (if it is not then a member of the Fund) is fixed by the
CONTRACTING PARTIES. |
GATT Library | sd751bw5512 | Final report of the Committee on Special Exchange Agreements : As approved by the CONTRACTING PARTIES on June 20 1949. Addendum | General Agreement on Tariffs and Trade, June 21, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 21/06/1949 | official documents | GATT/CP.3/44/Add.1 and GATT/CP.3/44 + Add.1 | https://exhibits.stanford.edu/gatt/catalog/sd751bw5512 | sd751bw5512_90320215.xml | GATT_143 | 377 | 2,443 | RESTRICTED
GENERAL AGREEMENT ACCORD GENERAL SUR
LIMITED B GATT/CP .3/44/Add.1
ON TARIFFS AND LES TARIFS DOUANIERS 21 June 1949
TRADE ET LE COMMERCE ORIGINAL : ENGLISH
CONTRACTING PARTIES
Third Session
FINAL REPORT OF THE COMMITTEE ON SPECIAL
EXCHANGE AGREEMENTS
As approved by the CONTRACTING PARTIES on June 20. 1949.
Addendum
1. The final report of the Committee on Special Exchange Agreements
(GATT/CP.3/44) was approved by the CONTRACTING PARTIES on June 20, 1949
with the addition of the following resolution:
Resolution No.3
THE CONTRACTING PARTIES
RESOLVE that, notwithstanding the provisions of Resolution No, 1
adopted by them this day, no contracting party shall be required to
enter into a special exchange agreement so long as it uses solely the
currency of another contracting party and so long as neither the contrac-
ting party in question nor the country whose currency is being used
maintains exchange restrictions; provided, however, that any contracting
party which defers entering into a special exchange agreement beyond
the final date otherwise applicable under the Resolution referred to
above shall thereby be deemed to have consented to consult with the
CONTRACTING PARTIES at any time on their request on any exchange problem.
2. Corrigenda:
a) Page 4: delete the word "Draft" in the title of the
Resolution.
b) Page 6: substitute the word "text" for "Draft" in the
second line of the title. GATT/CP.3/44/Add 1
page 2
c) page 6: the third paragraph should read: "WHEREAS" by
Resolution of June 20 1949....".
d) Page 8: in Article III, paragraph 1, line 2, substitute
"of" for "for", so that the line will read:"... the par
value of its currency plus the margin permissible under
this ...".
e) Page 11: in Article VII, paragraph 3, lines 6 and 7, delete
the words "of the Government" after the word "territories".
f) Page 11: in Article VII, paragraph 3, line 9, substitute
the word "control" for the word "central" so that the line
will read "... measures for the purpose of making exchange
control regulations of...".
g) Page 16: in Article XIII, paragraph 3, line 1, substitute
the word "Articles" for "Article".
h) Page 17: in Article XIII, paragraph 5(b), after the word
"may", read "initiate".
i) Page 19: delete the word "draft" in the title of the
Resolution. |
GATT Library | gc672bc8227 | Final report of working party 3 on new import restrictions contemplated by the union of South Africa | General Agreement on Tariffs and Trade, June 15, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 15/06/1949 | official documents | GATT/CP.3/43 and GATT/CP.3/43 | https://exhibits.stanford.edu/gatt/catalog/gc672bc8227 | gc672bc8227_90320212.xml | GATT_143 | 6,036 | 39,197 | RESTRICTED
GENERAL AGREEMENT ACCORD GENERAL SUR LIMITED C GATT/CP.3/43
ON TARIFFS AND LES TARIFS DOUANIERS 15 June 1949
TRADE ET LE COMMERCE ORIGINAL: ENGLISH
CONTRACTING PARTIES
THIRD SESSION
FINAL REPORT OF WORKING PARTY 3 ON NEW
IMPORT RESTRICTIONS CONTEMPLATED BY THE
UNION OF SOUTH AFRICA
I. INTRODUCTION
1. In its interim report submitted to the CONTRACTING PARTIES on 12
May 1949 the Working Party suggested that the consultation with the.
Union of South Africa under paragraph 4 (a) of Article XII should be
considered as a continuing process. The Working Party, acting on the
instructions of the CONTRACTING PARTIES, reconvened as soon as it
received more detailed information from the South African delegation.
and resumed its discussions on the basis of that information and of the
opinions and facts furnished by the International Monetary Fund in
accordance with Article XV of the General Agreement. .
'2. The Working Party examined the information submitted by the
delegation of the Union of South Africa on 25 May (GATT/CP.3/31) as well
as the information contained both in the memorandum submitted on 30 May
(GATT/CP.3/WP.3/12) and in oral statements made to the Working Party.
The Working Party had also at its disposal a memorandum prepared by the
International Monetary Fund, dated 25 May 1949, and transmitted to the
Chairman of the CONTRACTING PARTIES on 29 May 1949.
II. NATURE OF SOUTH AFRICA'S BALANCE-of-PAYMENTS DIFFICULTIES
3. The balance of payments of South Africa for 1948 and for the first
four months of 1949 (provisional estimate) is contained in Table I of
the Fund memorandum dated 25 May and transmitted on 29 May. GATT/CP.3/43
page 2
The Fund has determined that, owing especially to the increased use
of sterling exchange, the serious decline in the Union's reserves which
occurred in 1948 has continued during the first four months of 1949 and
strong immediate remedial measures are necessary. The Fund Report has
indicated that the deficit of South African current transactions with the
non-sterling area has been greatly reduced during the first four months
of 1949, and that the deficit with the sterling area has increased as
compared with 1948. The Fund indicated that a severe contraction in
imports would be required in order to maintain the monetary reserves of
the Union of South Africa. The Working Party considered that the
serious decline in South Africa's reserves since the introduction of
restrictions in November 1948, as indicated by the Fund, would justify a
further contraction in the volume of imports, in particular of imports
from the sterling area.
4. The representatives of South Africa, stressed that unless the pro-
spective foreign exchange resources - which include that part of the
gold production which, after deduction of the amount necessary to keep
the monetary reserves at an adequate level, could be used for the payment
of imports - could be increased above the level of the best estimates
now available, these resources would not suffice to maintain South
African's full requirements of essential imports during the latter half
of 1949.
5. The South African representatives also explained that in the past
only a small proportion of the Union's exports was marketed in countries
whose currencies are now convertible. They indicated that although
South Africa was hopeful that an increase in its exports to convertible
currency countries would be achieved, such increase was unlikely to
assume material proportions in the foreseeable future. They therefore
doubted whether the amount of gold and convertible currencies estimated
to be available during the latter half of 1949 for purchases in any GATT/CP.3/43
page 3
market would cover more than half of the Union's import requirements of
essential goods. The inconvertible currencies which would accrue to
South Africa from exports during that period should amount to about the
same figure as the gold and convertible currencies available. The
Union of South Africa expects, however, that in the near future a re-
newal of the traditional inflow of investment capital would increase the
amount of foreign exchange (mainly sterling) available for the payment
of imports. Some members of the Working Party suggested, with others
disagreeing, that South African estimates of prospective convertible
currency receipts appear to be somewhat pessimistic, and that the
prospects of a net capital inflow may be at least as great in convertible
currencies as in sterling. In this connection, the opinion was also
expressed that grouping all inconvertible currency receipts together
tends to obscure the separate problems which may be involved in connection
with particular inconvertible currencies.
III. NEW PROPOSALS OF SOUTH AFRICA TO CORRECT ITS BALANCE-OF-
PAYMENTS DIFFICULTIES.
6. The South African representatives submitted the following statement
to the Working Party:
"7. Notwithstanding the exchange quota restrictions and import prohibi-
tions introduced by the Government of the Union of South Africa on 15
November 1948, South Africa's monetary reserves have continued to decline
to such a extent that the Union Government have found it necessary to
take further steps to curtail imports with a view to restoring equilibrium
in the country's balance of payments.
"8. The steps which the Union Government propose to take involve the
replacement of the original system of non-sterling exchange quotas by a
new and more drastic system of physical control of imports which will
apply to imports from all countries.
"9. In the application of the new measures the Union Government would
have preferred to adopt a system of import licensing which, whilst GATT/CP.3/43
page 4
limiting the total amount of imports, would leave the importer complete
freedom to choose his source of supply.
"10. Such a non-discriminatory system could, however, be applied only
if the Union were assured:
a) that the United Kingdom (or any other country) would be
prepared to convert into any currency (including United
States dollars) the Union's net earnings in countries
whose currencies are inconvertible;
b) that the inflow of capital from the Union's traditional
sources of supply would not be adversely affected; and
c) that the countries which constitute the Union's traditional
markets and which are likely to be most severely affected
by such a system of non-discriminatory import control
would not curtail their imports from South Africa particu-
larly of less essential goods.
"11. On the basis of the information available the Union Government
cannot but conclude that such assurances are unlikely to be forthcoming
from the countries concerned under present circumstances. The adoption of
a non-discriminatory system of import control is, therefore, likely to have
serious repercussions on the Union's economy in that it would reduce both
capital inflow into South Africa and the export of South African goods to
its traditional markets. Such a development would reduce South Africa's
foreign currency resources which in turn would necessitate a reduction of
South Africa's total imports from all sources considerably below the level
which it would be able to maintain under a system of discrimination.
"12. The exchange restrictions introduced in November had distinguished
only between sterling and non-sterling currencies. This simple dis-
tinction, natural to a sterling area country, had been assisted by the
operation of Article 6 of the United Kingdom Gold Loan Agreement of 9
October 1947, which was designed to reimburse gold to the United Kingdom
for net payments (expenditures less receipts) of non-sterling currencies
made by South Africa through London. Recently the Union had developed
a large favourable balance with "soft" non-sterling countries which, GATT/CP.3/43
page 5
under Article 6, was offset against the still larger unfavorable
balance with "hard" countries, thus, in effect, converting the Union's
"soft" surplus into dollars, This arrangement would not continue after
the Gold Loan had been fully repaid, as it was likely to be in the
second half of 1949, and the Union Government now felt bound to move
away from the distinction between sterling and non-sterling currencies
to one more in accord with the situation in which it would then find
itself.
"13. Having regard to these considerations, the Union Government pro-
pose to distinguish under the new scheme between "hard" and "soft"
currency countries 1/ and to allocate its available foreign exchange
resources as follows:-
a) The Unionts current gold production (less such amounts
as may be required for the maintenance of satisfactory
reserves) plus the earnings of hard currency (after
allowance has been made for invisibles) to an amount
not exceeding £5,000,000 plus an equivalent amount of
soft currency will be made available for purchases of
essential goods.
b) The remainder of the Union's hard and soft currency
earnings will be used to pay for import requirements
not covered by the currency pool set aside under (a)
above.
"14. It is proposed to issue three types of import permits, namely:
a) Universal permits up to the amount indicated under paragraph
13 (a) above for the Union's essential requirements. These
permits will be available for imports from any source both
"hard" and "soft" currency countries;
b) Restricted soft currency (including sterling) country permits
up to the amount of "soft" currency available under paragraph
13 (b) above. These permits will be available only for
purchases from soft currency countries;
1/ The definition of hard currency countries would correspond generally
to that adopted by the other sterling area countries. Broadly
speaking they include at, the moment countries in the Western Hemi-
sphere, the Philippines, Belgium and Switzerland, but are subject to
review according to circumstances. GATT/CP.3/43
page 6
c) Restricted hard currency country permits to the amount of hard
currency available, under paragraph 13 (b). These permits
will only be available for purchases-in.hard currency. countries
of the types of commodities imported with restricted "soft"
currency permits in' terms of sub-paragraph (b) above.
"15. The main advantages of this scheme are:-
a) It distinguishes merely between two currency groups and there-
fore avoids the balancing of the Union's accounts with
individual countries which would place the Union in insur-
mountable difficulties;
b) It would ensure the maintenance of capital inflow into the
Union and of commodity exports and thereby enable the Union
to maximise its imports;
c) It is easier to administer than any other discriminatory
system of import control and involve a minimum measure of
discrimination .
"16. It must be understood that the Union Government could not under-
take to maintain this particular scheme unless soft currency countries
are prepared to cooperate with a view to discouraging the artificial
diversion to soft currency countries of certain exports which would
otherwise have earned hard currency for the Union.
"17. Interim arrangements for the second half of 1949. The Union
Government propose to introduce the measures described in paragraphs 13
and 14 above as soon as it, will be administratively possible, but in any
cuJe not later than 1 January 1950. During the intervening period the
import control will be based on a distinction between sterling and non-
sterling countries 1/. Two types of licences will be issued, namely:
a). Universal licences available for purchases from any source
(sterling and non-sterling countries), and
b) Restricted licences available for purchases in the sterling
area.
"18. The amount of the universal licenses will be determined, during
the life of the United Kingdom Gold Loan Agreement of 9 October 1947, by
the amount of the Unionts earnings of non-sterling exchange
1/ here are variations from time to time in the countries included in
the sterling area . The countries currestly include are ascertain-
able in the South African Exchange Control Regulations or under the
First Schedule of the United Kingdom Exchange Control Act of 1947
and any subsequent orders issued thereunder. GATT/CP.3/43
page 7
(after deducting invisible imports) plus current gold production less
such amount as may be. required for the maintenance of adequate reserves.
"19. The amount of restricted licences will be determined by the amount
of the Union's sterling resources after allowance has been made for in-
visible imports.
"20. In view of excessive orders placed by Union importers in sterling
countries since the imposition of exchange control in November 1948, and
of heavy commitments which still have to be met in respect of orders
placed in non-sterling countries, the limitations placed on the Union's
available currency resources have compelled the Union Government to
restrict importations for the remainder of 1949 to the following broad
categories
a) essential capital goods for mining, agriculture and other
basic industries;
b) essential spares;
c) essential raw materials; and
d) consumable stores for industry.
"21. A further breakdown of the commodities to be included in these
four principal categories of essential import requirements will probably
be necessary and priorities may be assigned within particular classes of
goods according to the importance of the use to which they are to be
applied. It is, therefore possible, that both types of permits (i.e.,
universal and restricted) may be issued in respect of the same commodity.
For example, too large. a share of the Union's freely convertible re-
sources (paragraph 13 (a)) may be absorbed if "universal" permits were to
be issued for all iron and steal products irrespective of the purpose to
which such products are to be applied and it may be necessary to reserve
"universal" permits mainly for iron and steel required by, say, the
goldmining industry, while the iron and steel requirements of less im-
portant industries would be covered in part or in whole by "restricted"
permits.
"22, The scheme set out in paragraph 21 will as far as possible, also
apply in respect of the long-term arrangements which South Africa proposes
to use after the end of 1949. GATT/CP.3/43
page 8
"23. From a preliminary estimate of the available currency resources,
including statutory gold reserves, which South Africa will have at its
disposal for the latter half of 1949, it appears that these resources
will still fall short of what is needed to meet the Union's requirements
of the four principal categories of goods enumerated in paragraph 20
above during the six-monthly period in question, Until such time,
therefore, as the Union is in a position to import a larger percentage
of its requirements of these four principal categories, it will not be
able to relax its restrictions in respect of less essential requirements
and, particularly, in respect of consumers' goods.
"24. The amount of permits for sterling and non-sterling imports will
necessarily be determined by the amount of sterling and non-sterling
exchange available; In order not to bring trade to a standstill it
has been decided to issue preliminary permits to importers to an amount
equivalent to half of the estimated sterling and non-sterling exchange
available for the next six months. Although the amount of non-sterling
exchange for which preliminary permits will be issued is actually larger
than the amount of sterling exchange made available for preliminary
permits, the individual importer's non-sterling permit represents a
smaller percentage (16 2/3 per cent) of his 1948 imports of the non-
sterling essential goods in question than his sterling permit represents
(25 per cent) of his 1948 imports of the sterling essential goods in
question. It must be noted, however, that the imports from non-sterling
countries were unduly high in the latter half of 1948 owing to the ex-
cessive purchases by the Union importers in anticipation of the intro-
duction of the exchange quota regulations.
"25. It must be stressed that, after the initial issue of permits
described above, the balance of the permits to be issued during the next
six months will not be solely based upon 1948 imports, but will be based
on a number of of consideration including the type of exchange available, GATT/CP.3/43
page 9
the relative importance of the goods and the stock position of indi-
vidual importers. The amount of existing exchange quotas carried for-
ward into the second half of 1949 will also be taken into consideration.
"26. Import prohibitions - In addition to the measures outlined above,
the present list of prohibited imports will be maintained. It is not
intended that permits would be issued for prohibited goods as such
action would further diminish the amount of exchange available for
essential goods.
"27. Exchange restrictions. When the new scheme is finally adopted
by the Government of South Africa, it is intended that the existing
scheme of exchange quotas will be discontinued."
IV. ALTERNATIVE CORRECTIVE MEASURES.
28. In its first interim report dated 13 May, 1949 (GATT/CP.3/22) the
Working Party indicated the measures which had been adopted by the Union
of South Africa in an effort to avoid the imposition of restrictions.
The Working Party also noted that the International Monetary Fund con-
sidered that "feasible alternative measures which would indirectly limit
imports could hardly be expected to permit the elimination of such
direct measures of control as exchange or quantitative restrictions."
When the Working Party examined the new measures to be introduced on 1
July, the representatives of the Fund indicated that nothing in the
recent developments had led the Fund, at this stage, to modify the con-
clusions communicated earlier to the Working Party. The Working Party
discussed at length alternative methods of applying import restrictions
and these discussions are covered in Section V B of this report. In
the circumstances the Working Party did not consider it fruitful to
discuss at length whether other alternative corrective measures might be
appropriate. GATT/CP.3/43
page 10
V. VIEWS EXPRESSED IN THE WORKING PARTY ON THE SOUTH AFRICAN NEW
PROPOSALS
A. Effects on other countries
29. Effects on the economies of certain European countries.
The representatives of certain European countries stated that a
large part of the trade from South Africa is normally directed to con-
tinental Europe and largely in materials necessary for development and
reconstruction. The Union intends to limit its imports almost ex-
clusively to essential goods, whereas the normal flow of trade from
these European countries to the Union has been, up till now, mostly
composed of consumer goods, and these exports, already reduced by the
import prohibitions, would further decrease to a large degree. Moreover,
the interim arrangement based upon the distinction between sterling and
non-sterling, these representatives feared, would leave these countries
in a very unfavourable position as it would reduce their exports to
South Africa more than those from the sterling area. Therefore, the
Union would be left in rather large surplus ith certain European
countries whose currencies are inconvertible and the European countries
would have a larger deficit towards the Union and the sterling area as a
whole.
30. Suggestions of certain European countries to mitigate adverse
effects.
The representatives of certain European countries drew the attention
of the Union of South Africa to possible modifications of their pro-
posals which could minimize the adverse effects on their economies of the
South African import restrictions, and would constitute an appreciable
help to the European countries whose economies have been disrupted by the
war:
a) It is the view of these European countries that the specification
of permits as to "soft" and "hard" currencies, contemplated for a later
stage in the South African scheme, is one method of removing the GATT/CP.3/43
page 11
discrimination against exports from European countries whose currencies,
as a consequence of the war, are inconvertible and therefore considered
as "soft", thus permitting and facilitating the more speedy restoration
of their economies;
b) The representatives of the European countries concerned felt
further that, if consideration could be given by South Africa to the
surpluses that the Union gets from a favourable balance of payments with
these countries, some improvements in the proposed scheme could be en-
visaged to the benefit of both South Africa and themselves, in order to
diminish the magnitude of the deficit by increasing the flow of exports
from these countries to South Africa and thus to help them to gain
means of payments for their imports from South Africa.
31. The relation of South African gold to sterling viability.
The United Kingdom representative pointed out that, in his view,
the import restrictions to be imposed by the South African Government
might have a profound effect on the amount of gold which the United
Kingdom could earn by her trade with South Africa. Before the war
practically the whole of current South African gold production had been
sold in London and had provided one of the foundations of the inter-
national sterling system; South African net payments to the dollar
countries had then been relatively small and a substantial net balance
of the annual output of gold (which was then valued at about £90 million
with a much higher purchasing power than now) remained to support the
world-wide convertibility of sterling. If the import restrictions to
be imposed by South Africa were such as to endanger the United Kingdom's
prospect of earning a considerable part of the current South African
gold output the effect on sterling would be extremely serious, and the
prospect of achieving "viability" by 1952-53, when Marshall Aid came to
an end, would be gravely impaired. The effects of this would be felt
not only by the United Kingdom and the sterling area but also by a GATT/CP.3/43
page 12
considerable number of European countries who, in practice, use sterling
as their principal international currency. These views were shared by
certain other members of the Working Party.
32. The consequences of the possibilities as envisaged in paragraph 31
might, in the opinion of the United Kingdom representative, be so serious
as to compel the United Kingdom to take the most drastic action to avert
them. As the amount of gold earned by the United Kingdom from South
Africa was determined by South Africa's net deficit on her sterling pay-
ments and receipts as a whole, the United Kingdom would be under the
heaviest pressure to earn gold by maximising that deficit, and, though
the United Kingdom Government would be most unwilling to take such
action, it might find itself compelled by the circumstances to cut to a
maximum all types of sterling payment to South Africa both on current and
capital account. The United Kingdom representative stressed that this
point was not in any sense made as a threat or for bargaining purposes
but as one of the most important possible effects of the South African
measures on the economies of other contracting parties which should be
brought to the attention of the Union Government in the present con-
sultation. In particular, the United Kingdom fully understood the need
of the Union to keep its cost structure as low as possible and made no
suggestion that it should spend its gold and convertible currency other-
wise than to its own best advantage under conditions of full and free
competition.
33. In connection with the statements set forth in paragraphs 31 and 32,
attention was called to the terms of Article XII 3 (a) and of Article
XIV 1 (a) recognising the problems of economic adjustment resulting from
the war and requiring the CONTRACTING PARTIES to take full account of
them.
34. The representative of the United States pointed out that, in his
view, the considerations set forth in paragraph 31 provide no GATT/CP.3/43
page 13
justification for discrimination. The re-establishment of the United
Kingdom's pre-war position in the South African market, on a sound com-
petitive basis, would, of course, be of great assistance to its balance
of payments. But true "viability" for the British economy, and the
re-establishment of sterling convertibility, cannot rest upon discrimina-
tory access to export merkets. Whatever immediate support the United
Kingdom balance of payments might appear to derive from discrimination
would, according to the provisions of GATT, be abruptly removed when
South Africa overcame its current difficulties, or decided that its
interests would be better served by discontinuing discrimination. In
any event, to the extent that the United Kingdom increases its gold
receipts through a preferred position in the South African market, South
Africa, whose financial difficulties are the central question under
consideration in this consultation, would lose by securing fewer imports
for its gold.
35. The United States representative further pointed cut that, in his
view, the considerations set forth in paragraph 32 likewise provide no
justification for discrimination. Whether or not South Africa dis-
criminates in its favour, the United Kingdom would have the sane in-
centive to maximize its net claim on South Africa for gold, since its
deficit in convertible currencies at present far exceeds any possible
gold receipts from South Africa. There is no basis in the GATT for
quantitative discrimination in favour of South African imports, so that
the United Kingdom would not be free to regulate specially the quantity
of imports from South Africa, whatever policy South Africa followed in
the administration of its import restrictions. The same necessity for
restricting capital movements in order to Maximize gold receipts would be
present, whatever South Africa's import control policy might be. Indeed,
the reference to the adverse effects of capital movements from the United
Kingdom to South Africa on the current gold receipts of the former GATT/CP.3/43
page 14
suggests the desirability of efforts to stimulate capital movements from
countries in surplus rather than from a country itself in deficit. In
this connection, the United States representative called attention to the
fact that South Africa now permits sterling area investors freely to re-
patriate their capital, while denying the same opportunity to rnon-sterling
area investors, thereby discouraging capital movements from the most
available sources. Thus, the arguments set forth in paragraph 32 would
appear to be irrelevant to the question of the wisdom of, or the justifi-
cation for, discrimination on the part of South Africa, unless, indeed,
they do suggest a "bargain" for mutual discrimination, either in trade
or in capital movements. To seek to promote gold earnings by arrange-
ments which essentially constitute mutual discrimination is to use a
method which leads toward a bilateral structure of world trade, rather
than multilateralism which offers the only real opportunity for countries
now in deficit to balance their accounts at a level which will yield
the highest living standards for their people. In general, it was sub-
mitted that the policies implicit in the argument set forth in paragraphs
31 and 32 of this report would hinder and delay the maximum development
of multilateral trade, and would postpone the attainment of financial
equilibrium on a sound and lasting basis, for the countries directly
inivolved as well as for other countries affected. As the last sentence
of paragraph 32 wisely suggests, South Africa should use its gold and
convertible currency resources to its own best advantage, which, in the
Judgment of the representative of the United States, would be for the
settlement of residual liabilities which cannot be liquidated through
the use of less valuable inconvertible currencies available. With such
an allocation of foreign exchange resources, there would appear to be no
need for discriminatory measures to hamper the free selection of source
of supply by South African importers under conditions of full and free
competition. The views expressed in paragraphs 34 and 35 were shared by
certain other members of the Working Party. GATT/CP.3/43
page 15
36. Token imports. At the opening of the consultation with South
Afriea in April, it was pointed out by some of the contracting parties
that the South African Prohibited List did not make provision for the
importation of the prohibited goods in minimum commercial quantities
(Article XIII, 3 (c) (ii)). The announcement made by the South
African Acting Minister of Economic Affairs on 23 May (GATT/CP.3/31)
indicates that at least in the early months after 1 July many more
consumer goods, in addition to the products now in the Prohibited List,
will be banned completely from importation into South Africa. When
this matter was raised in the Working Party, the representatives of
South Africa recognised the obligation in this respect contained in
Article XII and indicated that they planned as soon as possible to make
"due provision ....... for token imports ...... as far as it is
administratively possible to do so." (GATT/CP.3/WP.3/12). The
Working Party recognised the administrative difficulties involved in the
establishment of a token import procedure, particularly at a time when
South Africa will find it necessary to make a major change in the
administration of its import regulations. However, South Africa was
urged to make arrangements at the earliest possible moment to permit
minimum commercial quantities of otherwise excluded products to the
extent necessary to prevent the impairment of regular channels of trades
With respect to the imports of commercial samples and of copies or samples
needed for compliance with patent, trademark, copyright, and similar
procedures, the South African representatives indicated that their
Government was already meeting these requirements of the General
Agreement.
37. Allocation of preliminary permits. Certain members of the Working
Party called attention to the feature of the South African plan described
in paragraph 24 of this Report which involves granting preliminary permits
for the July-December 1949 period equal to 25 percent of 1948 imports GATT/CP.3/43
page 16
from the sterling area and 16 2/3 percent of imports from other areas.
They recognized that the impact of licensing measures upon individual
importers was essentially a matter of domestic concern. However,
they pointed out that a quota allocation dependent upon the individual
importer's choice of foreign source of supply in a past period
necessarily had an impact on the future competitive opportunities of
other countries in the South African market.
38. The South African representatives assured .the Working Party that
the existing procedure for allocating preliminary permits was simply
designed as a quick method of getting the proposed plan of import
controls into operation and while considering that the distribution
of import permits between individual importers was wholly a domestic
matter they intended to apply their import restrictions in such a way
as to avoid unnecessary damage to the commercial or economic interests
of any other contracting party.
B) Other possible methods for the application of import restrictions.
39. Although the Working Party agreed that a drastic reduction in
imports would be necessary to correct the present disequilibrium in
South Africa's balance of payments, strong doubts were expressed by
some members of the Working Party as to the need for a discriminatory
application of such corrective measures, while other members maintained
that such need was clear. The Working Party noted that the South
African representatives considered that their proposals set out in
paragraphs 13 - 25 would be consistent with Article XIV paragraph 1
and Annex J of the General, Agreement. The Working Party was divided
on that issue.
40. In the course of that discussion, the following suggestions were
put forward by various members of the Working Party:
a) non-discriminatory import measure.
(i) open licence system GATT/CP.3/43
page 17
41. Certain members of the Working Party suggested to South Africa
that its problem of excessive imports could be met by the allocation
of foreign exchange resources estimated to be available to categories
of imports in the light of their essentiality through an open
licensing system, whereby importers would be free to choose the source
of supply. Such a procedure would fully meet the requirements of
Article XIII, and would therefore not raise questions of discrimination.
42. The South African representatives stated that this procedure would
be unacceptable, since they feared that the resulting pattern of imports
might run so heavily in favour of imports from sources requiring
payment in convertible currencies as to exhaust the available gold
and convertible resources of South Africa, while leaving it with
unexpendable balances of inconvertible currencies. This view was
strongly supported by certain members of the Working Party.
43. In reply, other members stated that their computations indicated
that, in the past, South Africa's convertible foreign exchange
availabilities have always been large enough, proportionately, to meet
the distribition of imports by source under unregulated conditions
Therefore, these members could see no basis for the fears expressed by
the South African representatives. It was, however, suggested in the
Working Party (without implying recommendation of such a change) that,
if South Africa's payment arrangements were changed so that the proceeds
of its exports to various countries with inconvertible currencies could
not be used for purchases in other countries with inconvertible
currencies South Africa might be faced, in the case of particular
inconvertible currencies, with balances which would tend to accumulate
if import regulations were on an open licence non-discriminatory basis.
(ii) allocation of quotas on the basis of a representative period.
44. The Working Party further explored the possibility that South
Africa could allocate country quotas under the provisions of paragraph
2 (d) of Article XIII. GATT/CP.3/43
page 18
45. The South African representatives took note of that possibility
but considered that, except for a few bulk products, the administration
of such quotas might present great difficulty. They also feared that
allocation by quota would introduce an element of rigidity in their
sources of supply which would militate against procurement from the
cheapest source. They attached great importance to this latter
consideration and held that their own proposals, which would provide
for absolutely free purchase of approximately half their intended imports,
afforded much better protection in this respect.
b) discriminatory import measures.
46. Some members of the Working Party pointed out that South Africa
would be entitled under paragraph 3 (b) of Article XIV to adopt measures
which would discriminate in favour of another country whose economy had
been disrupted by war, provided that those measures did not depart
substantially from the provisions of Article XIII and that they would
be terminated by 31 December 1951. It was pointed out also that
recourse to the provisions of paragraph 3 (b) of Article XIV would not
prejudice the question whether recourse might not equally well have been
had to other possibilities for discrimination provided for in the General
Agreement, or preclude access to them. Various opinions were expressed
as to the construction to be placed on the phrase "not involving
substantial departure": whether and to what extent it would limit
departures in terms of the number of countries whose exports would be
favoured, the amount of trade affected or the margin of discrimination
(price differences), or some or all of these,
47. The South African representatives undertook to submit to their
Government the suggestions put forward by various members of the
Working Party. They were confident that their Government would give
serious consideration to those suggestions, taking due account of the
administrative implications of the alternative methods proposed and of GATT/CP.3/43
page 19
the possible effects of the adoption of such proposals on the economy
of South Africa.
VI CONSULTATION WITH THE INTERNATIONAL MONETARY FUND:
48. The new scheme which the Government of the Union of South Africa
contemplates introducing on 1 July 1949 may involve certain changes
in the exchange restrictions already approved by the International
Monetary Fund. The representatives of the Union of South Africa
confirmed the intention of their Government, as expressed in paragraph 8
of the interim report dated 12 May 1949, to discuss with the Fund any
aspects of the scheme which affect exchange control.
49. The representative of the Fund stated that at this stage the
Fund can only present the facts and data relevant to the balance of
payments position of South Africa. Moreover, the Fund determines
that, owing specially to the increased use of sterling exchange, the
serious decline in the Union's reserves which occurred in 1948 has
continued during the past month of 1949 and strong immediate remedial
measures are necessary.
50. But with regard to the other financial aspects of all matters
covered in this consultation and with regard to the possible frustrating
effects which the contemplated trade measures may have on the intent
of the provisions of the Fund's Articles of Agreement, the Fund cannot
at this stage give a final opinion without having more detailed
information about the plans that the South African Government may
ultimately decide to adopt. Any conclusions the Fund may come to
with. regard to these matters will be communicated to the CONTRACTING
PARTIES at the earliest possible moment.
51. The representative of the Fund declared that the Fund will keep
under close review any discriminatory measures the Union of South
Africa may ultimately adopt, and it will deal with any exchange or
financial aspects these measures may imply in conformity with the
Articles of Agreement of the International Monetary Fund. |
GATT Library | nm386jz7775 | Financement des Service du Secretariat. Jusqu'au 31 Decembre 1949. : Note du Secretaire executif | General Agreement on Tariffs and Trade, July 5, 1949 | General Agreement on Tariffs and Trade (Organization) | 05/07/1949 | official documents | GATT/CP.3/55 and GATT/CP.3/55 + Add.1 | https://exhibits.stanford.edu/gatt/catalog/nm386jz7775 | nm386jz7775_90320252.xml | GATT_143 | 1,038 | 6,671 | RESTRICTEDED
GENERAL AGREEMENT ACCORD GENERAL SUR LIMITED C
GATT/CP. 3/ 55
,ON TARIFFS AND LES TARIFS DOUANIERS 5 July 1949
TRADE ET LE COMMERCE FRENCH NGI,
ENT enNSNCERVICES DEMSDEJ SU ,ECRETARIAT
31ZUDAUMBRE 31 DECE 1949
Noteedu Secr6eairefex6cutit
Lors de la vingt-quatrieme seance de ea deuxibme session, les PAR-
NIEK 7TRACTANTES oet adopt6 une resolution relative au financement des
S.-vices du Secretariat du debut de ea deuxi6me sessi'n jusquln la fin
de 1949. Cette resoletion pr6voyait que les parties contrectantes fe-
raient face, au moyen de versements directs aux depenses occasionnees
par les services des conferences et de la documentation preparatoire
pour les sessionsdes PARTIES CONTRACTANTES et les N6gociations Terifai-
res, et rembourseraient a l'ICITO 10 % ee ses d6penses de personnel
dans l'intervalle des sessions, et 50 % pendant les sessions,
FINANCEMENT DES DEPENSES OCCASIONNEES PAR LA CONFERENCE
DIN2NECY
Les provisieps de d6penses pour la troisieme session et les n6go-
ciations tarifaires reposaient sur l'hypothese que le Troisiome
durerait de deux a trois semaines et que les negociations tarifaires se-
raiert teaminees A la date du 31 mai 1949. Bien que les dispositions pri-
ses pomr conduire les negociations tarafaires A Annecy aient permis de
r6aliser des economiee consid6rables daes les d6penses journalieres des
services eres conf6ences, les depenses de ces serveces exc6deront les
prov'sions dienviron 3.000 dollars ei les n6gociations tarifaires pren-
nent fin le 31 juallet, ou lieu du 31 mai, date primitivemen. prevueb GATT/CP. 3/55 -
Page 2
En ce qui concerne le remboursement a l'ICITO des frais engages
au titre des services du Secretariat pendant la Conference d'Anneey; les
depenses excederont les provisionss de plus de 12.000 dollars, Cette dif-
ference s'explique par le fait que les previsions reposaient sur l'hypo-
those d'une troisime session et de n6gociations tarifaires beaucoup plus
breves. Dans le tableau figurant en annexed &-la present note, le budget
du GATT se volt imputer 50 % des depenses offectives de personnel de
l'ICITO, et non 50 % des provisions de deponses de personnel de l'TCITQ,
ainsi qu'il est prevu dans la Resolution adoptee par les PARTIES CONTRAC-
TANTES.
Si les parties contractantes decident do ne pas tenir de quatriema
session en 1949, les economies realisees de ce chef suffiront a compenser
les depenses supplementaires resultant de la prolongation de la troisieme
session et des negociations tarifaires, a condition que les negociations
tarifaires prennent fin le 31 Juillet 1949.
Remboursement du coat des services du Secretariat -
Ainsi que nous venons de l'indiquer, les pourcentages de 10 % et
de 50 % appliques au remboursement du cost des services du Secretarlat
avaient ete calculus en tenant compto des provisions de depenses de per-
sonnel de l'ICITO; depuis le ler janvier 1949, le personnel de l'ICITO
a ete sensiblement reduit et les services rendus par le Secretariat do
l'ICITO aux Parties Contractantes representent une proportion plus forte
des depenses effectives de personnel. II est done suggere que les contri-
butions des gouvernements adherents aux depenses de la Conference GATT/,CP. 3/55
Page 3 /4
d'Annecy soient affectees a un remboursement complementeire a faire a.
l'ICITO au titre des services du Secretariat, conformement aux disposi-
tions de la Resolution adoptes lors de la deuxieme session.
Contributions -
II est rappele aux reprsentants des PARTIES CONTRACTANTES que les
contributions de leurs gouvernements devront etre verses au plus tard
le 31 juillet 1949 au Chef du service financier de l'Office europeen des
Nations Unies pour le compte des PARTIES CONTRACTANTES, et que ce versu-
ment devra etre opere en dollars des Etats-Unis ou on francs suisses,
au choix de chaque partial contractente.
Les seules contributions revues a la fin de juin 1949 etaient cel-
les de la Beligue et de le France. DEFENSE DES PARTIES CONTRACTANTES-
du 16 aout 1948 au 31 decembre 1949
ut 1948 au 31 decembre 1949
PREVISIONS BUDGETAIRES
GkrT/CP. 3/55
rag 5
LLARTZVT23O'7'S DE ,_3E7;PREVU AU 31.12.49 SOLDE -vt2V AU 31.12.49
A
On iumzpo sa-nt :ue la 3
session se terrine le
31.7.49
B
A
B
r. supplosant que la 3eme en supposant que la 3emo. on supposant que la 3eme
session se termine le session se termine le session se tormine le
31.8.49 31.7.49 31.8.49
1 ti (LI .
Service des Co-fArences
; t; e1 194)
e'cr-: tari
Documentation preparatoire
* 00
12.965
L'I C I T O T A R G :
DE L'I C I T 0
Octobre 1948 au
2 avril 1949
C avril 1549 au
t1 juillc ou 31
aCuO 1949 selon la
doturee clvturc de
emeiroizi&nm Session
a)Serviceetdu Secr6tariat
terv lJ' intealle des sessions' 9.000
b)Dncumeneation pr6paratoire
c)SerSices du 7ecpetariat ren-.
dant 'ea Troisi.me Session
d)Scrvices des Conferences
pendant ea Troisirme Session
N6gociations tarifaires
6.42 O 53)
;.021 g )
2.5CO
74.709,20
1.L . 01
10.000)
)
2S .000 )
6 .426, 53)
2 .021 , 07 )
18.738,79
51.856,68
1. 052, 40
(12.209, 20)
(3. 017, 20)
1. 052, 40
(16.238,79)
(13.856,68)
TOTAL (a - d)
lr aout 1949 ou
re 11or g ft
n la date dende eoT la date de
cleoture de la Troisi
.ne Session) au 31 de-
combre 1949.
ee)Services du Secrtariat
daiis 1ssions 'i.iterval
f)Documnentation ereparatoiro
g)Services des Conferences
pendant la Quatrieme Sessial
h)SOervices du Secretariat
Qendant la quatribme Ses-
sion
TOTAL (e - h)
i)D6penses imprevues
50.000 64.174.00 79.043,07 (14.174.00)
5.000
500
10. 000
2.500
4. 337 9 94)
)
1.401,87)
(1)
(1)
3.949 41)
)
1.121, 50)
(739,81)
10.000.00
2. 500. 00
(1)
(1)
11- 760 19
P13.000 6.239,81 5.070,91
8.000
8. coo. 00
(29-043 , 07)
429,09
10. 000. 00
2. 500. 00
12. 929, 09
8. 00o. 00
TOTAL Octobre 194- -
Decembre 1949
' 76.000
70. 41 3,1 91
85. 113 s 98
5. 5,19
(8.113,98)
I = 0( 1 :- . u p o. a n t u:: a: _ _ a: :_: : _i:_ m Sn _ s t _ . .n . - :. -,.: e 1::.:9 4
(1) e-.1 ;,up ~osanQ clue la -,uatrieme Sessionnes se tienri pas en 1949
Ih.ubriq
10. 000
Iml
?.-- ..- - - - - - - - - -- - .. - I .- ... --. - .--- - -- - - - -- -- -.1 - - - .. . -- . .
i |
GATT Library | zk253sp0775 | Financement des Services du Secretariat Jusqu'au 31 Decembre 1949 : Note du Secretaire Executif. Addendum | General Agreement on Tariffs and Trade, August 4, 1949 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 04/08/1949 | official documents | GATT/CP.3/55/Add.1 and GATT/CP.3/55 + Add.1 | https://exhibits.stanford.edu/gatt/catalog/zk253sp0775 | zk253sp0775_90320253.xml | GATT_143 | 131 | 937 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
ACCORD GENERAL SUR
LES TA 'FS DOUANIERS
ET LE COMMERCE
RESTRICTED
LIMITED C
GATT/CP. 3/55/Add.1
4 August 1949
FRENCH
ORIGINAL: ENGLISH
PARTIES CONTRACTANTES
Troisieme Session
FINANCEMENT DES SERVICES DU SECRETARIAT
JUSQU'AU 31 DECEMBRE 1949
Note du Secretaire Executif
ADDENDUM
Les Gouvernements des pays suidants ont vorse lour contri-
bution au titro do l'xocrcico I9491 echuo lo 31 Juillct
Belgiquo
Coglan
France
Rhodesic du Sud
Royaume Uni
Etats-Unis
Aucuno indication. n'a ete roguc dos Gouvornomonts dos pays
suivants:
Australic
Bresil
Birmanio
Chino
Indo
Liban
Luxembourg
Nouvollo Zelando
Pays Bas
Norvego
Syrio
Union Sud Africaino
Les Gouvernoments des pays ci-apres enumeres ont fait
connaitre quo toutos los dispositions utilos ont ete prisos on vue
du vorsoment do lour contribution au titre du meme exercico:I
Chili
Tchecoslovaquio
Pakistan |
GATT Library | ns736kr0125 | Financing of secretariat services until the 31 December 1949 : Note by the Executive Secretary. Addendum | General Agreement on Tariffs and Trade, August 4, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 04/08/1949 | official documents | GATT/CP.3/55/Add.1 and GATT/CP.3/55 + Add.1 | https://exhibits.stanford.edu/gatt/catalog/ns736kr0125 | ns736kr0125_90320251.xml | GATT_143 | 117 | 821 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
ACCORD GENERAL SUR LIMITED C
LES TARIFS DOUANIERS GATT/CP .3/55/Add .1
LES TARIFS DOUANIERS 4 August 1949
ET LE COMMERCE ORIGINAL:ENGLISH
CONTRACTING PARTIES
Third Session
FINANCING OF SECRETARIAT SERVICES UNTIL THE
31 DECEMBER I949
Noto by the Executive Secretary
ADDENDUM
The following governments have paid thoir contributions
which were due on 3I July :
Belgium
Coylen
Southern Rhodesia
United Kingdom
United States
No indication has boon received from the following govern-
monts :
B r .z i.I
Canada
China.
India
Lobanon
Luxombourg
New Zealand
Netherlands
Norway
Syria
Uni on of South Africa
Tho following governments have indicated that measures
have boon takon for payment of. their contributions :
Chile
Czochoslovakia
Pakistan |
GATT Library | mw565rk3453 | Financing of Secretariat servies until the 31 December 1949 : Note by the Executive Secretary | General Agreement on Tariffs and Trade, July 5, 1949 | General Agreement on Tariffs and Trade (Organization) | 05/07/1949 | official documents | GATT/CP.3/55 and GATT/CP.3/55 + Add.1 | https://exhibits.stanford.edu/gatt/catalog/mw565rk3453 | mw565rk3453_90320250.xml | GATT_143 | 984 | 6,668 | RESTRICTED
GNERAL AGREEMENT ACCORD GENERAL SUR LIMITED C
ON TARIFFS AND LES TARIFS DOUANIERS 5 July 1949 GATT/CP.3/55
TRADE ET LE COMMERCE ORIGINAL: ENGLISH
FINANCING OF SECRETARIAT SERVIES UNTIL THE
31 DECEMBER 1949
Note by the Executive Secretary
At the 24th meeting of the Second Session, the CONTRACTING
PARTIES adopted a resolution on the financing of the Secretariat
services from the beginning of the Second Session to the end of
1949. The resolution provided that the contracting parties would
cover by means of direct contributions the expenditure relating to
the conference services and the preparatory documentation for the
sessions of the CONTRACTING PARTIES and the Tariff Negotiations, and
repay to the ICITO 10% of its Personnel budget for periods between
sessions and 50% during sessions.
Financing of the Expenditure of the Annecy meeting.
The estimates for the third Session and the Tariff Negotiations
were based on the assumption that the Third Session would last from
two to three weeks and that the Tariff Negotiations would be completed
by the 31 May 1949. Although the arrangements made for holding the
Tariff Negotiations at Annecy have resulted in a substantial saving
in the daily cost of conference services, the expenditure for
such services would exceed the estimates by about $3,000, if the
Tariff Negotiations end on 31 July instead of 31 May contemplated.
As regards the repayment to ICITO of the services of the
Secretariat during the Annecy meeting, the expenditure will exceed
the estimate by more than $12.000. This is explained by the fart
that the estimates were based on a much shorter duration of the
third Session and of the Tariff Negotiations. In the Schedule
annexed, the GATT budget has been charged with 50% of the actual GATT/CP.3/55
page 2
personnel charges of the ICITO and not with 50% of the ICITO personnel
budget estimates, as contemplated in the resolution adopted by the
CONTRACTING PARTIES.
if the Contracting Parties decide not to hold a fourth session
in 1949, the savings made on that account would be enough to make up
for the additional expenditure resulting from the extension of the third
Session and of the Tariff Negotiations, provided that the Tariff
Negotiations end or, 31 July, 1949.
Repayment of Secretariat services
As indicate above, the proportions of 10, and 50% for the
repayment of Secretrariat services had been based on the ICITO personnel
budget estimates; from the 1 January 1949, the ICITO staff has bean
substantially. reduced and the services rendered by the ICITO secretariat
to the Contracting Parties represent a higher proportion of the actual
personnel charges. It is therefore suggested that the contributions
to be made by the Acceding Governments to the cost of the Annecy
meeting should be earmarked for an additional repayment to ICITO for
the Secretariat services, to conform with the terms of the resolution
adopted at the Second Session.
C ontribut ions
The representatives of the CONTRACTING PARTIES are reminded that
the contributions of their governments should be paid not later
than 31st July 1949 to the Financial Officer at the European Office
of the United Nations for the account of the CONTRACTING PARTIES and
that payment may be made in U.S. dollars or in Swiss francs at the
option of each cortracting party.
The only contributions received at the end of June 1949 were those
of Belgium and France. GATT/CP.3/55
Page 3.
J.I:: st D,~ 7 r...>wtt, s 1: ,M.- .±.9
Tii'E L"21I ":m:w:uu I' DILdL
_ 3TTs '.=r..;'D iBALAiC.
ON 31. 12. 49
PI~EOD
Item
SECOINID S'SSION
16th August to
Sq .ber 19418
MI
October 1948 to
8th April 1949
8th April 1949 to 31st
July or 31st Au:ust
1949 depending on
closure dln.tc of Third
Session
Corf oerence L.0r. in s
Secret arn t
PreparaLry %n--r
a on
a)It:i~inSco
a) Intor.-Sics-.1cn SCocro-
taria, 3cr:.- cos: i
b) Prcaratory Locuz',-z
ontaticn.
±2',C~t'(0 A
2. 5'.00 }
5,, I
( ) tN
c).Thircl 3 . Socr-
tar:L': &':-zvico
I d)
Third Sc :;.on Co i-
forencc 3..S.rv-sr"OS
Tariff Nogo tiati ors
l0,0(
, Ic ,.
_.. j ~ ..,-
DC43 ;.r .
i
),8 |' fW<
I
-, I
cs> ;l ;!';.;' ,) 3- :' 10 r kx I
^ -.3 --' 'ccs- on!
T 0
,assuail,; 3r. Session ending
on. 31.7 '.4"Y
I
6,L;? 3)
;,. o ,, (;1 I )
,> 6C,
C I T O
1 , 052s W; %
(3,017,20)
B
assuming 3rd Session ending
on 31.8.49
1,052.40
(16,238.79)
(13,856.68)
1st August 1949 or
1st Soptcmber 1949
(depcndLrig on closure
dato of Third Session)
to 31st Decambo :r 1949
TOTAL (a - 6)I
o) Intcr--Sc -ion Sc-Z'C'-
tariat Si lC
2) Preparatory Dccizi-
cntain on
g) Four"'h :la.oo. C.ri-
fYc ce cv. c" I
h)
i"
(4, 7L1j. GC
I
, ~ . I,
. \, _ j I
1.0,200~~~~~~~~~~~~
', - i,*^t
I : ,, ; ,\ ,- * -
_ ., *t # kvl /
7 .- C !4-3.O 7
(29,043.07)
3),949.' )
1 ;^' 50)
(1)
Four th 5 7 -; _ e-j 2,.o L '
tariat zx v --
TOTAL (o _ h) i18e,)|CC, -n 5, c'
Urforc-3.eo Lcpcif j i 8,C') i .
f1)
TOTAL Octobor 1948-
Dec member 1949
,76,ooo
8l ,1.3.98
5, 5c6.19
(8,113.98)
4--- .-.-..
(1) a ns-.;, that to~ 4te evsion is not held irn 1949
#> . iI.
Nen a s
(739, 81),
10,yC0, CI0
2, 500,00
429.09
10,000.00
2,500,00
11, 7fl. 19
8.000.00
12,929.09
8 000.00
- i
--i--
I --.
i
i ?? I
- -
I i i
I
i i
I
- - I - I
.
I I
I 41
L-- -
. -, -, C7 ?.,
i
I
I
i
,1
Ii.
I
i
I
i
I
i
I
?c I
: I .1
. , _ _
(1!?5174-00)
i
I
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GATT Library | dc593tp7637 | First Meeting held in Hotel Verdun, Annecy on 5 July 1949 at 3 p.m. Corrigendum | Interim Commission for the International Trade Organization, July 21, 1949 | Interim Commission for the International Trade Organization (ICITO/GATT) and Emergency Session of the Executive Committee | 21/07/1949 | official documents | ICITO/1/17/Corr.1 and ICITO/1/17-27 | https://exhibits.stanford.edu/gatt/catalog/dc593tp7637 | dc593tp7637_90180030.xml | GATT_143 | 159 | 1,099 | UNRESTRICTED
INTERIM COMMISSION COMMISSION INTERIMAIRE DE
FOR THE INTERNATIONAL L'ORGANISATION INTERNATIONALE ICITO/1/17/Corr,1
TRADE ORGANIZATION DU COMMERCE 21 July 1949
ORIGINAL: ENGLISH
EMERGENCY SESSION OF THE EXECUTIVE COMMITTEE
First meeting held in Hotel Verdun, Annecy
on 5 July 1949 at 3 p.m.
CORRIGENDUM.
In the third line from the last of paragraph 2, page 7,
the word "Secretary" should read "Committee".
In the ninth line of paragraph 2, page 10, the word
"agreement" should read "agreements".
UNRESTRICTED
ICITO/1/17/Corr, 1
21 juillet 1949
FRENCH
ORIGINAL: ENGLISH
SESSION EXTRAORDINAIRE DU COMITE EXECUTIF
PremiFre sTance, tenue à l'h8tel Verdun, Annecy, le ler juillet 1949,
à 15 heures.
CORRIGENDUM
A la dix-huitFme ligne du premier paragraphe de la page 6,
remplacer le mot "secrTtaire" par le mot "comitT".
A la onziFme ligne du troisiFme paragraphe de la page 8, rem-
placer les mots "qu'un accord contraire à la Charte soit conclu",
par les mots ' que des accords contraires à la Charte soient conclus." |
GATT Library | xw748hn9948 | First Protocol of Modifications to the General Agreement on Tariffs and Trade | General Agreement on Tariffs and Trade, August 9, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 09/08/1949 | official documents | GATT/CP.3/62 Add.5 and GATT/CP.3/62 + Add.1-6 | https://exhibits.stanford.edu/gatt/catalog/xw748hn9948 | xw748hn9948_90320275.xml | GATT_143 | 1,185 | 7,610 | RESTRICTED
GENERAL AGREEMENT ACCORD GENERAL SUR LIMITED C
ON TARIFFS AND LES TARIFS DOUANIERS GATT/CP.3/62 Add.5
TRADE ET LE COMMERCE ORIGINAL: ENGLISH/FRENCH
CONTRACTING PARTIES
Third Session
First Protocol of Modifications to the
General Agreement on Tariffs and Trade
The text of the above Protocol has been distributed to
delegations Page 1 is to be replaced by the first page attached
hereto; the attached page 5 is to be inserted and the present
pages 5 to 9 are to be renumbered; and the attached page 11 is
to replace. the present page 10.
Parties Contractantes
Troisieme Session
Premier Protocole portant modification de
le commerce
Le texte du Protocole ci-dossus indique a ete distribue
aux delegations. II convient de remplacer la page 1 pour la
premiere des pages ci-jointes; d'inserer la page 5 ci-jointe et
de donner aux pages 5 a 9 inclus une nouvelle numerotation.
Par ailleurs la page 11 ci-jointe est dostinee a remplacer
la page 10.
__________________- FIRST PROTOCOL OF MODIFICATIONS
TO THE GENERAL AGREEMENT ON
TARIFFS AND TRADE
The Governments of the Common-
wealth of Australia, the Kingdom
of Belgium, the United States of
Brazil, Burma, Canada, Ceylon, the
Repubic. of Chile, the Republic
of China, the Republic of Cuba,
the Czechoslovak Repulic, the
French Republic, India, Lebanon,
the Grand--Duchy of Luxemburg, the
Kingdom of the Netherlands, New
Zealand, the Kingdom of Norway
Pakistan, Southern Rhodesia, Syria,
the Union of South Africa, the
United Kingdom of Great Britain
and Northern Ireland, and the
United States of America, acting
in their capacity of contracting
parties to the General Agreement
on Tariffs and Trade,
RECOGNIZING that special circum-
stances have rendered desirable
modifications in certain Schedules
to the General Agreement on Tariffs
and Trade, and
HAVING NOTED that the contracting
parties in whose Schedules the
modifications are to be made have
carried out negotiations with the
contracting parties with which
the concessions concerned were
initially negotiated in accordance
with procedures laid down by the
CONTRACTING PARTIES, and
HAVING NOTED further that the
results of these negotiations have
been approved by the CONTRACTING
PARTIES;
HEREBY AGREE as follows:
1) The follwing modifications
shall be made in the Schedules
forming part of the General
Agreement cn Tariffs and
Trade:
PREMIER PROTOCOLE PORTANT MODIFI-
CATION DE L'ACCORD GENERAL SUR
LES TARIFS ET LE COMMERCE
Les Gouvernement s du Commonwealth
d'Australie, du Royaume de Bel-.
gique, de la Birmanie, des Etats-
Unis du Bresil, du Canada, de Cey-
lon, de 'la Republique du Chili
de la Republicque de Chine, de' la
Republic que de Cuba, des Etats-Unis
d'Amerique, de la Republique
francaise, de ilTqide dau Liban,
du. Grand-Duche de de Luxembourg; lu
Royaume de Norvge, de la Nouvelle
Zelande. dui Pakistan, du Royaume
des Pays-Bas, de le Rhodesie du.
Sud, dt Ryauri.e*-Un2 de G(;ande-
Bretagne et d'Irlande du Nc; d7 de
la Syr--' ;. ep la 1epublique *bcheco-'
slovaque et de 1?Uzion Sud-afri.-
caine, aglssaint en leur -j1a6lt
de parties co itraotanftes a 1 iAcco&.
general sur l-s TiAzifs et le Com-
meroeo
RECONNAISSANJ'!: S,~le des circonstances
sp4cial' es C~v rendu scuhaitable 1a
modification de )ertaires Listes
annexees a l i.Accc :d g4n.eral sur
les Tarif3 et le Co:-meroe, et
AYANT PRIS ACTE rdL fa it que les
partie s cont-rr-ctarntes d.ans les
listes desqiuelles .1 con.vient de
proceder a=,-ditcef nLI'icatior.s
menaien.u de-. ne"'ociaticns avec les
parties contrGinanu;-a-es avec les-
quelles leo- c~oicessions en questirn
a-;aiea-t te' ne"Gicietes 'a 1 'inrigine ,
('onf _riXL.e-rcPt "a la
insti tae -. los PARTIES CONTRAC.
TANTES et.
AYANT PRIS ACTE, en. outre, que les
resultats de ces negociations ont
ete approuves par les PARTIES
CONTRACTANTES.
qui suits
1) II sera procede aux modifica-ifica-
o. c_.on;'- d' n lee List's
nt partie integrante intt gante de
neral sur les1 Cie..Ut l - 5-
SCHEDULE VII
- CHILE
LISTE VII - CHILI
Modifications in this
are authentic only in
language.
Schedule
the English
Seul fait foi le texte anglais
des modifications portent sur la
presente liste,
PART I
Most-Favoured-Nation-Tariff
Item Ex.-14,4/69
The description and the rate of
duty of this item shall be modi-
fied to read as two items:
"Weighting from 1500 to
1700 kg. each......K..N.
................................................ .1 .50"
"Weighing more than
1700 kg. each.. ....K.N.
.................................... .2,10"
PREMIERE PARTIE
Tarif de la nation la, plus
favorisee
Position E/PC/64/69
La designation et le taux des
droits seront modifies comme
suit, constituent deux positions:.
"Pesant de 1501 jusqu'a
1700 kg. piece . .K.N
"Pesant plus de 1700 kg.
.....................................2.10" - 11 -
- After 10 September 1949, this
Protocol shall remain open for
signature at the Headquarters of
The United Nations.
3. This Protocol shall enter
into force on the day on which it
has been signed by all the .overn-
ments which are at that time con-
tracting parties to the General
Agreement on Tariffs and Trade.
The modifications included
herein shall be applied as if they
and formed a part of the General
Agreement on Tariffs and Trade on
the following dates:
Schedule III -
Items 98/3, 545/3 and 1530.
. ..... . 16 June 1949
Other items. 1 January 1950
Schedule VII .. 10 September 1949
Schedule IX . . 1 July 1949
Schedule XV
item 31(4) 4 . . 4 February 1949
Item 49 (b) . . . 22 July 1949
Item 49(2) and 79 . . . ..
22 April 1949
Item 60(3) . , . 9 October 1948
Item 73(4) 8 . July 1949
5. The original of this Protocol
shall be deposited with the
Secretary-General of the United
Nations, who is authorized to
effect registration thereof.
IN WITNESS WHEREOF the
respectvie representatives, duly
authorized, have signed the
present Protocol.
DONE at Annecy, in a single
copy, in the English and French
languages, both texts authentic
except where otherwise stated,
this ________ day of
1949.
2. Apres le 10 september 1949,
le present Protocole restera
ouvert a le signature au Siego
des Nations Uunies.
3. Le present Protocole entrera
on vigueur le jour ou il aura
ete signed par tous lesggouverne-
ments qui seront a cotte dato
parties contractantes & l'Accor d
gdnoral sur los tVrifs douaniers
et le Commerce.
4, Les modifications ci-inclusos
seront appliqudos coommo si olles
avaient dtd parties intdgrmnto d_
l'Accord gdndral sur les tarifs
doueniers et le Commerce aux dates
ci-aprds:
Listed III -
Positions 98/3, 545/3 ot 1530. -
... . . ..... 16 Juin 1949
..Mtros p;sitions.0 .1 janvier 1950
Listo VII . . . . 10 septembre 1M
Listed IX . . . . . 1 juil~mt 1949
Liste XV -
Position 31(4). a 4 fdvrier 1949
Position 49(b ) .22 juillet 1949
Position 49 (2) et 79
. . . 2 avril 1949
Position 80(3). . 9 ootobro 1948
Position 73(4). . 8 juillet 1949
5. L'original du present Protocole
sera depose aupres du Secrdtaire
general des Nations Uunips qli
ost autorisd & le faire
enregistrer.
EN FOI DE QUOI les
representants respectifs dument
autorises ont signe le present
Protcole,
FAIT a Annecy, on un soul
exemplaire, on langues frencaise
et anglaise, les deux textes
faisant egalement foi, sauf
indication contraire
le 1949 .
. n~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
: s _ |
GATT Library | np897wn1661 | First Protocol of Modifications to the General Agreement on Tariffs and Trade | General Agreement on Tariffs and Trade, August 9, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 09/08/1949 | official documents | GATT/CP.3/62 Add.5 and GATT/CP.3/62 + Add.1-6 | https://exhibits.stanford.edu/gatt/catalog/np897wn1661 | np897wn1661_90320282.xml | GATT_143 | 1,189 | 7,359 | RESTRICTED
GENERAL AGREEMENTT ACCORD GENERAL SUR LIMITED C
GATT/CP.3/62 Add.5
ON TARIFFS AND LES TARIFS DOUANIERS 9 August 1949
TRADE ET LE COMMERCE ORIGINAL: ENGLISH/
CONTRACTING PARTIES
Third Session
First Protocol of Modifications to the
General Agreement on Tariffs and Trade
The text of the above Protocol has been distributed to
delegations, Page 1 is to be replaced by the first page attached
hereto, the attached page 5 is to be inserted and the present
pages 5 to 9 are to be renumbered; and the attached page ii is
to pp.cil. present page 10.
Parties Contractantes
Troisieme Session
Premier Protocole portant modification de
1 l tarifs douanierg et
le commerce
Le texte du Protocole oi-dessus indique a ete distribue
aux delegations. Il convient de remplacer la page 1 pour la
premiere des pages ci-jointes; d'inserer la page 5 ci-Jointe et
de donner aux pages 5 a 9 inclus une nouvelle numerotation.
Par aillours la page 11 ci-jointe est dostinee a remplacer
la page 10. FIRST PROTOCOL OF MODIFICATIONS
TO THE GENERAL AGREEMENT
TARIFFS AND TRADE
The Governments of the Common-
wealth of australia, the Kingdom
of Belgium, the United States of
Brazil, Burma, Canada, Ceylon, the
Republic of Chile, the Republic
of China the Republic of Cuba,
the Czeohoslovak Republic, the
French Republic, India, Lebanon,
the Grand-'Duchy of Luxemburg, the
Kingdom of the Netherlands, New
Zealand, the Kingdom of Norway,
Pakistan, Southern Rhodesia, Syria,
the UniQn ol South Africa, the
United Kingdom of Great Britain
Mnd Nor thern Ireland, and the
united States of America, voting
in their capacity of contracting
parties to the Gener-al Agreement
on Tariffs and Trade;
RECOGNIZING that special circum-
stances have rendered desirable
modifications in certaia Schedules
to the General Agreement on Tariffs
and Trade, and
HAVING NOTED that the contracting
parties in whose Schedules the
modifications axe to be made have
carried out negotiations with the
contracting parties with which
the concessions concerned were
initially negotiated in accordance
with procedures laid down by the
CONTRACTING PARTIES, and
HAVING NOTED further that the
results cf these negotiations have
been approved by the CONTRACTING
PARTIES,
HEREBY AGREE as .follows:
1) The following 3n&, _._ 1 itj actions
shall be made in the the Schedules
forming part of ,he General
Agreement cn Tariffs and
Trade:
PREMIER PROTOCOLE PORTANT MODIFI-
CATION DE L'ACCORD GENERAL SUR
LES TARIFS ET LE COMMERCE
Les Gouvernements du Commonwealth
d'Australie, du Royaume de Bel-
gique, de la Birmanie, des Etats-
Unis du Bresi, du Caaada, de Cey'.
loa, de la Republique du Chili,
de la Republique da Chine, de la
Republique de Cuba, des Etats-Unis
d'fAmerique, de la Republique
franaise, de l'lade, du Liban,,
du Grand Duche de 6 :;e Lu :1cur,; u'
Royaume de Norvege de la Nouvelle
Zelande, du, Pakistan, du ,Poyanme
des Pays-Bas, de la Rhodesieie du
Sud, du Ruyaume-Uni. de Grande-
Bretague et d'Irlande Nord, de
la Syrie, de la Republique teheclo-
slovaque et de l'Union: Sud-afri-
caine, agissant en leur qualite
de parties oontractantes a l'Accord
general sar les Tarrifs et le Com-
merce.
RECONNAISSANT que des circonstances
speciales ont' rendu souhaitable ln
modification de certaines Listes
annexees a l'Accord general sur
les Tarifs et le Commerce; et
AYANT PRIS ACTE au fait que les
parties contractantes dans les
listes desquelles il' convient de
proceder auxditec modifications
menaient des negociaeions avec les
parties contractantes avec les-
quelles les concessions en question
avaient ete negociees a l'origine,
conformement a la procedure
instituee per lesl PARTIES CONTRAC-
TANTES et,
AYANT PRIS ACTE, en ouire, que les
resultats de ces negeciations ent
ett approuves par les PARTIES
CONTRACTANTES
qui suiss
1) II sera< ,- ' V aux modifica-
tions E4 u s o di-. dens les Listes
qui forn" -'t:Le integrante de
Accord general sur les
Ta:;: e le Commerce: -5- SCHEULE VII -CHILE
Modifications in this Schedule
are authentic only in the English
language.
PART I
Most-Favoured-Nation-Tariff
Item Ex.-1464/69
The description and the rate of
oi this item shall be modi-
ied to read as two items:
"Weighing from 1500 to
1700 kg. each ...,. .K.N,
"Weighing more than
1700 kg, each,.,.,. KN*
a 1P 0 0 1 * * * * 9 * * * * I 0 l 2 1I "
LISTE VII CHILI
Seul rait foi le texte anglais
des modifications portent sur la
present liste.
PREMERE PARTIE
Tarif de la nation la plus
favorisee
Position E.-I/69
La designation et le taux des
droits seront modifies comme
suit, constituent deux positions:
"Pesant de 1501 jusqu' a
1700 kg. piece ......KN.
.... . 1.50"
"Pesent plus de 1700 kg.
piece. . . K.N. -11 -
' .L.rt-r 10 September 1949, this
.;- r.It *. 1 remain cen for
~~tL~e . at, at the- .Headqu-rters of
the United Nations.
Z, . ^i protocol shar ! enter
.5t VK, ou the day on which it
has been signed by all the govern-
rneants which re at that time con-
tr4. c.;i 1,; parties to the General
Agreement on Tariffs and Trade.,
The modifications included
J.;i K.. shall be applied as if they
s formed a part of the General
Agreement on Tariffs and Trade on
the following dates:
-; 2~C~ .7 tn,; -r ' 5.949
~~ I ~January1950
W.. IX . 1 July 1949
iitrQ -. ; ) . 4 February 1949
I-c:! 49 ) adn 79 . a
0^ ;0 32 April 1949
Item 60 (3) 9 October 1948
Item 73 (4) . 8 July 1949
The original of this Protocol
' L. doposited with the
- x.;? *.'-General of the United
1ia,' '.'j r'' who is authorized to
effect registration thereof.
IN WITNESS WHEREOF the
- r ;'i-e .representative, duly
sut -have signed the
.'&> Arnecy, in a Single
C: cc .. 11/3e a nd FrXeLc%
(-ihxtsQy authentic
'. x- {pt; lit.^-.Lt ''e. erw.4,s stated,
t,)A _1 day of
4 2..
2. Apres le 10 .September 1949,'
le present Protocole roster
ouvert a la signature au Sibgo
dos Nations Uunies.
3. Le present Protocolo entrera
on vigueur le jour ou al aura
ete signed par tous lesggouverne-
ments qui soront A cotte dato
parties contractantes a l'Accord
general sur los tarifs douaniers
et le Commerce.
4. Les modifications c -2-.ncluses
seront appliquecs comme si elles
aveient ete partio integrante de
l'Accord general sur les tarifs
doueniors et le Commerce aux dates
ci-apres:
Liste III -
Positions 93/3, 545/3 ot 1530. -
j > .~ . ' ^ . 16 juin 1949
. 8,?. . c.i-1ca s 1 Janvio- 1950
Listed VI! . . . . 10 septembre 19
Listed IX . . ... 1 Juillest1949
Listed XV -
Position 31(4). 4 fevrier 1949
Position 49(b). .22 juillet 1949
Position 49 (2) et 79
. 0 . 2 avril 1949
PRsition 60(3)6 0 9 oct.nbro 2.941
Position 73(4 ). e 8 juillot 1949
c Lor.iginql du present Protocole
seia ddposd aupx,3 du Socrdtaire
gdn6±cla dos Nations Uunies qci
cst aut"_j- i A le fot-airo
onr6gis tror.
EN FOI DE QUOI les
ropresontants respectifs dumont
autorises ont sign lo present
Protocole,
FATT .Auncy, on un soul.
exemplaire, en langues francaise
et anglaise, les deux textes
faisant egaloment foi, sauf |
GATT Library | jv862cb2720 | First protocol of modifications. Withdrawal of tariff concessions from schedule XV (Pakistan). : Note by the Executive Secretary | General Agreement on Tariffs and Trade, October 12, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 12/10/1949 | official documents | GATT/CP/41 and GATT/CP/41 | https://exhibits.stanford.edu/gatt/catalog/jv862cb2720 | jv862cb2720_90300160.xml | GATT_143 | 204 | 1,447 | GENERAL AGREEMENT ACCORD GENERAL SUR LIMITED B
ON TARIFFS AND LES TARIFS DOUANIERS GATT/CP/41
TRADE ET LE COMMERCE ORIGINAL:
CONTRACTING PARTIES
FIRST PROTOCOL OF MODIFICATIONS
WITHDRAWALOF TARIFF CONCESSIONS FROM SCHEDULE XV
(PAKISTAN)
Note by the Executive Secretary
The Government of Pakistan obtained the agreement of
the Contracting Parties at their Third Session at Annecy to
the withdrawal of certain concessions made at Geneva, among
which the five appearing in Schedule XV - Part I under
Tariff Item Number 73 (4). The descriptions of the products
concerned are listed in the First Protocol of Modifications;
now open for signature at the Headquarters of the United
Nations, with the exception of the sub-item "Combination
radio-phonographs", which was erroneously omitted.
The Government of the Netherlands, with whom the with-
drawal by Pakistan of the above concessions was negotiated
at Annecy, have confirmed their agreement to the withdrawal
also of the sub-item "Combination radio-phonographs".
No objection having been raised by the other contracting
parties, this sub-item should be considered as withdrawn
notwithstanding its omission from the First Protocol of
Modifications. The necessary action for giving formal effect
to this modification in Schedule XV will be taken at the
Fourth Session of the Contracting Parties.
_ _ _ _ |
GATT Library | wr046jv5375 | First report of Working Party 9 on the Budget | July 27, 1949 | 27/07/1949 | official documents | Budget/3 and GATT/CP.3/WP.9/BUDGET/1-6 BUDGET/3/Rev.1/BUDGET/3/Rev.1/Add.1, BUDGET/4/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/wr046jv5375 | wr046jv5375_91870573.xml | GATT_143 | 2,082 | 14,164 | Budget/3
27 July 1949
FIRST REPORT OF WORKING PARTY 9 ON THE BUDGET
1. The Working Party was requested:
(a) to report on the financial implications of the Third
Session of the Contracting Parties and of the Tariff
Negotiations beyond the end of July 1949;
(b) to prepare a budget estimate for 1950 and to recommand
ways and means for covering the expenditure contemplated
for 1950.
1. Financial Implications of the Extension of the Anneey
Meeting beyon the end of July 1949.
2. The Working Party noted that the provisions for unforeseen
expenditure in the 1949 budget would be largely absorbed by the
expenditure up to the end of July 1949, and that. after providing
for the Secretariat services during the period 15 August until
31 December 1949, and the other routine expenses, there will
remain an estimated balance of about $3,000 to cover the secretariat
and conference services until the end of the Annecy meeting, the
printing of the Annecy Protocol and Schedules and inter-sessions
meetings or inquiries until the end of the year.
3. The Working Party feels that it might be difficult for
certain governments to increase their contributions for 1949
after they have secured the necessary authority to remit the
contribution fixed at the last session. The Working Party
recommends therefore that the budget estimates for the period
16 August 1948-31 December 1949 be increased from $76,000 to
$91,350 and that, the contributions from the acceding governments
for 1949 be used to meet the increased. expenditure for the current
year. To that effect, the ICITO would be asked to advance the
necessary amounts to cover such additional expenditure and the
contributions from the acceding governments would serve for the
repayments of that advance to the ICITO. Budget/3
Page 2.
4. Annex 1 shows the estimated expenditure and estimated
income for the period 1 August 1949-31 December 1949, The
expenditure is based on the assumption that the secretariat
services as from the 1st of August will be reduced to a minimum.
5. The Working Party was of the opinion that it would be
advisable and economical that the Annecy Protocols and Schedules
be printed by the Secretariat for the use of the Contracting
Parties. As the printing of those documents would involve a
heavy burden on the budget., it is recommended that each
government should pay for the copies furnished to them by the
Secretariat, It is estimated that a revenue of $8,500 will be
derived from that source against an estimated expenditure of
10,000.
6. Before preparing a budget estimate for 1950, the Working
Party considered what basis should be adopted for the repayment
of the secretariat services provided by the Interim Commission.
It noted that the percentages of 10 per cent of the ICITO
Personnel budget for periods between sessions and of 50 per cent
during sessions did not correspond to the expenditure actually
incurred by the ICITO on behalf of the Contracting Parties in 1949
and that it would be impracticable to expect the ICITO to continue
to meet a substantial part of the GATT expenditure out of its own
budget.
7. The Working Party recommends therefore that the Contracting
Parties should undertake to repay to the ICITO all the charges
incurred on their behalf during the year 1950. Although it is
difficult to foresee at the present time how the work done by the
Secretariat for the Contracting Parties will compare with the work
done for ICITO, it would seem fair, on the basis of past experience.
to ask the contracting parties to contribute 50 per cent of the
ICITO personnel charges during the period between sessions and
90 per cent during the sessions. The budget estimates submitted
by the Working Party are based on the assumption that the Contracting
Parties will accept these percentages, as the basis for repayment
in 1950, all the other items of expenditure being charged as
heretofore.
It was pointed out that such an arrangement assumed that the
ICITO would be in a position to finance the remaining portion of Budget/3
Page 3.
its personnel charges and other expenditure independently of
the contributions of the contracting parties. The ICITO has been
financed so far through advances made by the United Nations out
of its Working Capital Fund. To finance its expenditure for 1950,
the ICITO would have to secure a further advance out of the Working
Capital Fund or to obtain from the General Assembly authorization for
the Secretary-General to advance in 1950 the balance of the loan of
$344,843 already authorized for the period 1 January to 31 December,
1949, and to extend, if necessary, the two year limitation on the
dates of repayment of loans made to the Interim Commission, in 1948,
amounting to %196,490 The Working Pdrty strongly recommends that
the contracting parties agree to support the request for a further
advance from the United Nations when the request which will be
submitted by the Executive Committee of the ICITO is considered by
the General Assembly at its September Session.
8. The Working Party also recommends that the "pay as-you-go"
arrangement adopted at the last session be continued. As it is
necessary for the Contracting Parties to know in advance the amount
of their contribution for 1950 and for the Executive Secretary tq
have authority to approve expenditure up to a definite amount, the
Contracting Parties will be required to approve a total budget
figure for 1950 which will serve as a basis for the computation of
the contributions and will represent the maximum amount of
expenditure to be authorized without further reference to them,
9. As the ICITO cannot rely on .a-ny cash surplus at the end of
1949 and has no working capital fund to meet expenditure pending
the receipt of current contributions, it is imperative that the
contracting parties should take necessary arrangements for sending
their 1950 contributions as early as possible in 1950. It is
therefore recommended that the contributions should be paid if
possible in January 1950 and, in any case, not later than the
1st April, 1950, It has been pointed out, however, that it might
be difficult for some contracting parties to secure the necessary
authority before the 1st April, 1950; in such case, it is
recommended that those contracting parties should send their
contributions as soon as they have obtained such authority. As in
1949 contributions would be sent to the Finance Officer at the
European Office of the Onited Nations for the account of the Budget/3
Page 4.
Contracting Parties. Payment may be made in U.S. dollars or Swiss
francs at the option of each contracting party.
10. The Working Party has examined the tentative estimates
contained in Annex I of document Budget/I; it noted that estimates
for meetings were based-on the optimistic assumption that the Fourth
Session would last only one month and the Tariff Negotiations four
months and that the other items (including unforeseen expenditure)
did not afford sufficient elasticity to meet the additional
expenditure which would be incurred if the meetings were to 'last
longer than contemplated. It has therefore increased the provision
for the Fourth Session from $22,500 to $33,.750 to cover the
expenditure of a session lasting six weeks. As regards the Tariff
Negotiations, the Working Party was reluctant to increase the
estimate but thought it advisable to raise the unforeseen expenditure
from $24,868 to $39,405 (i.e. from 10 per cent to 15 per cent) of the
budget. Moreover, the forking Party hopes that if it is found
impracticable to hold the Tariff Negotiations in Geneya, arrangements
could be made with an inviting government or authority which would
avoid charging the Contracting Parties budget with the cost of per
diem allowances; if such a saving of about $23,000 could be effected,
the Working Part~y feels that the financing of the Tariff Negotiations
would be reasonably secure.
11. As regards printing, the Working Party feels that it would be
advisable to ask the Secretariat not only to print Schedules
resulting from the third round of Negotiations, but also to publish
consolidated Schedules, embodying the Geneva Schedules, the
rectifications thereof, the Annecy Schedules and the New Schedules.
The net expenditure would not be unduly large if the contracting
parties were ready to pay for all the copies delivered to them by the
Secretariat, If this arrangement is accepted, an amount of $7,500
would be sufficient to cover the coat of printing less the income
derived from the sales to governments. The estimates for the cost
of printing are as follows:
a) printing of the Schedules resulting from the 1950 Tariff
Negotiations - $ 7,500
b) printing of the consolidated Schedules - 19.500
Total. $ 27,000
Less income derived from the sales to the
contracting parties
Net Expenditure $ 7,500 Budget/3
Page 5.
12. The budget estimates contained in Annex II provide for the
services of two consultants being employed for four months. The
Contracting Parties may decide to prepare the report contemplated
in Article XIV of the GATT and to secure the services of an expert
to provide the assistance envisaged with regard to applications
under Article XVIII between sessions. If the Contracting Parties
were to decide that this work should not be undertaken in 1950, a
saving of $10,000 will be effected on the item "experts and
consultants" and a saving of $3,000 on the item "travel on official
business", reducing the total budget estimate to $287,054.64.
III. Scale of Contributions for 1920.
13. The Working Party will submit a further report on this question. Budget/3
Page 6,
ANNEX I
a) Estimate of Expenditure 1st August December 1949
(Contracting Parties
(Tariff Negotiations
1st - 13th August 1949
1st August - 10th September 1949
Conference Services
Documentation
TOTAL
4, 588
2.660
7, 248
Inter-Session Secretariat Services : 15th August 1949 to
31st December 1949.
Secretariat Services
Preparatory Documentation
Inter-Session Meetings
and Enquiries
Printing of Annecy Protocols
and Schedules
TOTAL
4;393
l.5 209
105000
10000.
25,602
Total Estimated Expenditure for period 1st August to
31st December 1949 -- % 32,850
b) Estimated Income for the period 1st August - 31st December 1949
Estimated balance on 1,8.49
Contributions from Acceding
Governments
Estimated Income derived
from sales of Annecy
Protocols and Schedules
9, 000
15,350
8,500
TOTAL 32, 850 Budget/3
Page 7.
ANNEX IIa.
BUDGET ESTIMATES FOR 1950
Part I: Meetings
GATT 4th Session
Tariff Negotiations
Other Meetings
TOTAL OF PART I
33,750
70,000
7,000
110,750
110,750
Part II: Secretariat
Common Staff Costs
GATT 4th Session
Tariff Negotiations
Remainder of 1950
18,133 75
48,362.00
43,652.89
Other Pay Items
Experts and Consultants 10,a
Travel
Travel on official business 5,4
Communications
Printing (cost less income derived
from sales)
Freight
Common Services
Office Rooms 2,
Documents Reproduction 6,
Reimbursement to US for
Administrative and
Financial Services 2,
Other Services
TOTAL OF PART II
000
000
10,148.64
10,000
5,000
2,500
7,500
1,500
920
075
601
750
15,346
151,294.64
Total of Parts I and II
PART III: Unforeseen
262,744864
39,405.00
302,149,64
15% of foregoing
TOTAL Budget/3
Page 8.
ANNEX IIb.
PART I MEETINGS
BUDGETARY JUSTIFICATIONS
See Appendix II of Budget.
for Charges
The Estimates are based on:
The other budgetary justifica-
tions are contained in Budget/
pages 5, 7 and 80
GATT 4th Session lasting 6 weeks
and held in Geneva
Tariff Negotiations lasting is months
and held away from Geneva.
GATT 4th SESSION TARIFF NEGOTIATIONS
ITEM
Basis of Estimate Cost Basis of Estimate Cost
Temporary Appron
Assistance 2 Distribution 1 Documents Officer
(gross interna- staff - Gde. 7
tional salary 4 Secretaries Gde.4 1 Messenger Dis-
rates) 2 precis Writers tribution Clerk
- Gde.10 - Gde.2
1 Research Assis-
tant Gde.15
2 Precis Writers
Meeting Rooms Conference - 60 Meet. 3s510 1 Conference-96 Meet, 9J,408
Sub-Committee - 4 Sub-Committee -
75 Meetings 384 Meetings (total)
Office - 6 Rooms Office - 40 Rms.
Documents 1,500 pages English 12,150 1,300 pages English 10,000
Reproduction 1,500 pages French 1,200 pages French
Translation 1,500 pages ELF 6,000
Interpretation 135 Meetings 2,902 96 Meetings
(1 addit Interpreter) (1 addit, Interpreter) 2,016
Per Diem All lar staff
Travel Can be estimated pro
when it is known memo-
where the Tariff ria
Negotiations are
__________________________________________ to be held
Hotel Reser- 72 Delegates 36
nations
Stationery
Based on 1948
cost
690
Based on Annecy Cost
(UN supplies only)
for 1st 4 months
642
Communications Nominal figure - no 375 Based on Annecy Cost 1,230
Freight estimate possible for 1st 4 months
Other Expen- To cover miscella- 1,518 To cover miscella- 2,183
diture neous expenditure neous expenditure
TOTAL 33.750 70,000 |
|
GATT Library | fp262xm6878 | First report of Working Party 9 on the Budget : (As approved by the Contracting Parties on 30 July 1949) | Contracting Parties, July 27, 1949 | Contracting Parties | 27/07/1949 | official documents | Budget/3 Rev.1 and GATT/CP.3/WP.9/BUDGET/1-6 BUDGET/3/Rev.1/BUDGET/3/Rev.1/Add.1, BUDGET/4/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/fp262xm6878 | fp262xm6878_91870574.xml | GATT_143 | 1,998 | 13,423 | CONTRACTING PARTIES Eudget/3 Rev.1
Third Session
FIRST REPORT OF WORKING PARTY 9 ON THE EUDGET
(as approved by the Contracting Parties on 30 July 1949).
1, The Working Party was requested:
(a) to report on the financial implications of the Third
Session of the Contracting Parties and of the Tariff
Negotiations beyond the end of July 1949;
(b) to prepare a budget estimate for 1950 and to recommend
ways and means for covering the expenditure contemplated
for 1950
1. Financial Implications of the Extension of the Annecy
Meeting beyond the end of July 1949.
2. The Working Party noted that the provisions for unforeseen
expenditure in the 1949 budget would be largely absorbed by the
expenditure up to the end of July 1949, and that, after providing
for the secretariat services during the period 15 August until
31 December 1949, and the other routine expenses, there will
remain an estimated balance of about $3,000 to cover the secretariat,
and conference services until the end of the Annecy meeting, the
printing of the Annecy Protocol and Schedules and inter-session
meetings or inquiries until the, end of the year.
3. The Working Party feels that it might be difficult for
certain governments to increase their contributions for 1940
after they have secured the necessary autherity to remit the
contribution fixed at the last session. The Working Party
recommends therefore that the budget estimates for the peried
16 August 1948-31 December 1949 be increased from $76,000 to
$91,351 and that the contribution from the acceding governments
for 1949 be used to meet the increased expenditure for the current
year. To that effect, the ICITO would be asked to advance the
necessary amounts to cover such additional expenditure and the
contributions from the acoding government would serve for the
repayment of that advance to the ICITO. Budget/3 Rev - 1
Page 2
4. Annex I shows the estiimated exend... and estimated
income for the period 1 August; 1949-31 December 1949 The
expenditure is based on the as sumptioBpUi;n thatsacrestariathe 'eCr tar! at
services as from the 1st of August will be reduced to a minimum.
5. The Working-Party was of .the opinionthat it i would be
advisable arnd ecr-nomi-cl that the Annecy Protocols aLs wnd Schedules
be printed by the Secretariat for the use of tie Centracting
Parties-, As the printing of those documents eould s wr,;ilcd involve a
heavy burden on n the budget, it 'is. recommsr.ed that each
government should pay for. the copies furnished to :) t;
Secretariat, It is estimated that a revenue of $8,500 will be
derived from that source against an estimated expenditure of
$10,0000,000,
6. Before preparing a budget estimate fr 1950l, the Working
Party considered what basis should be adopted for the repayment
of the secretariet t e.rvecas provided by the ntJie mL Commission.
It -noted that the percentage Of 10 per cent of the ICITO
Personnel budget for periocd between sessions and of 50 per cent
during sessions did not correspond to the expenditure actually
incurred by the ICITO on behalf of the Contracting Parties in 1949
and that it would be imoracticable to expect pect the ICITO to continue
to meet a substantial part of the GATT expenditure zut of its own
budgets.
7. The Working Party recommendeds nunds therefore that the Contracting
Parties should undertake to repaay to theICITO TCWTO all the charges
incurred on their behalf duirig the year, 195050 \ Althcugh it is
difficult to ftrasea at the hq prcrsent timew ho.Nretha work done by-the
Secretariat for the Contracting Parties will aoi-t0e with the work
done for ICITO, it would.,en fair; oj the -basis of past experience
to ask the contracting parties to ' 50 per cent of the
ICITO personnel charges duringthe pcri.od bs; -,;jn sca zions and
90 per cent durin,, the 3c:issons. Tha buda.t' eJrULates submitted
by the VorI.ng PF&tAy are based or thc a¢-)39.,,s,!tlhat t-ie Contracti
Parties will accept thesehlcs-. perc;ritagas , _etihs basior . f'," repayment
in 1950,, all the other items of expenditure being charged as,
heretofore.
It was pointed out that such an arrangement .assumed thed that the
ICITO would be in a position to finance the remining portion of Budget/3 Rev.1
Page 3.
its personnel charges and other expenditure independently of
the contributions of the contracting parties. The ICITO has been
financed so far through advances made by the United Nations out
of its Working Capital Fund To finance its expenditure for 1950,
the ICITO would have to secure a further advance out of the Working
Capital Fund or to obtain from the General Assembly authorization for
the Secretary-General to advance in 1950 the balance of the loan of
$344,843 already authorized for the period 1 January to 31 December,
1949,, and to extend, if necessary, the two year limitation on the
dates of repayment of loans made to the Interim Commission, in 1948,
amounting to $106,490. The Working Party strongly recommends that
the contracting parties agree to support the request for a further
advance from the United Nations when the request which will be
submitted by the Executive Committee of the ICITO is considered by
the General Assembly at its September Session,
8. The Working Party also recommends that the "pay as-you-go"
arrangement adopted at the last session be continued. . As it is
necessary for the Contracting Parties to know in advance the amount
of their contribution for 1950 and for the Executive Secretary to
have authority to approve expenditure up to a definite amount, the
Contracting Parties will be required to approve a total budget
figure for 1950 which will serve as a basis for the computation of
the contributions and will represent the maximum amount of
expenditure to be authorized without further reference to them.
9. As the ICITO cannot rely on any cash surplus at the end of
1943 and has no working capital fund to meet expenditure pending
the receipt of current contributions, it is imperative that the
contracting parties should take necessary arrangements for sending
their 1950 contributions as early as possible in 1950. It is
therefore recommended that the contributions should be paid if
possible in January 1930 and, in any case, not later than the
1st April, 1950. It has been pointed out, however, that it might
be difficult for some contracting parties to secure the necessary
authority before the 1st April, 1950; in ouch case it is
recommended that those contracting parties should send their
contributions as soon as they have obtained such authority. As in
1949 contributions would be sent to the Finance Officer at the
European Office of the United Nations for the account of the Budget/3/Rev. 1
Page 4
Contracting Parties. Payment may be made in U.S. dollars or Swise
francs at the option of each contracting party.
10, The Working Party has examined the tentative estimates for
1950 contained in Annex I of document Budget /1; it noted that
estimates for meetings were based on the optimistic assumption that
the Fourth Session would last only one month and the Tariff Negoti
tions four months and that the other items (including unforeseen
expenditure) did not afford sufficient elssticity to meet the
additional expenditure which would be incurred if the meetings we
to last longer than contemplated. It has therefore increased the
provision for the Fourth Session from $22,500 to $33,750 to cover
the expenditure of a session lasting six weeks. As regards the
Tariff Negotiations,, the Working Party was reluctant to increase c
estimate but thought it advisable to raise the unforeseen expendit
from $24,868 to.$39,405 (i.e, from 10 per cent to 15 per cent) of
the budget.
11. As regards printing, the Working Party feels that it would
advisable to ask the Secretariat not only to print Schedules res
ing from the third round of Negotiations, but also to publish con
solidated Sohedules, embodying the Geneva Schedules, the rectifica
tions thereof, the Annecy Schedules and-the New Schedules. The
expenditure would not be unduly large if the contracting parties
were ready to pay for all the copies delivered to them by the
Secretariat, If this arrangement is accepted, an amount of $7,
would be sufficient to cover the cost of printing less the income
derived from the sales to governments. The estimates for the co
of printing are as follows:
a) printing of the Schedules resulting from the 1950 Tariff
Negotiations $ 7,500
b) printing of the consolidated Schedules
Total $27,000 Budget/3/Rev,1
page 5
Less income derived from the sales to the
contracting parties $ 19,500
Net Exponditure $ 7,500
12, The budget estimates contained in Annex II provide for the
services of two consultants being employed for four months, on
special preparatory work required for the proper discharge of the
work of the Contracting Parties,
III. Scale of Contributions for 1950
13. The Working Party will submit a further report on this
question. Page 6.
ANNEX I
a) Estimate of Expenditure1st August to 31 December 1949er IM
(Contracting Parties
(Tariff Negotiations
1st - 13th August 1949
1st August - 10th September 1949
Conference Services
Documentation
TOTAL
4, 588
2,660 .
7,248
Inter-Session Secretariat Services : 15th August 1949 to
31st December 1949.
Secretariat Services
Preparatory Documentation
Inter-Session Meetings
and Enquiries
Printing of Annecy Protocols
and Schedules
TOTAL
4,393
1,209
10,000
10,000
25,602
Total Estimated Expenditure for period 1st August to
31st December 1949 - 32,850
b) Estimated Income for the period 1st Auugst - 31st December 1949
Estimated balance on 1,8.49
Contributions from Acceding
Governments
Estimated Income derived
from sales of Annecy
Protocols and Schedules
TOTAL
9,000
15,350
8,500
32,850J85( Budget/3 Rev.1
Page 7.
ANNEX IIa.
BUDGET ESTIMATES FOR 1950
Part I. Meetings
GATT 4th Session
Tariff Negotiations
Other Meetings
TOTAL OF PART I
Part II: Secretariat
33,750
70,000
n2000Q
110,750
110,750
Common Staff Costs
GATT 4th Session
Teriff Negotiations
Remainder of 1950
Other Pay Items
Experts and Consultants
Travel
Travel on official business
1, 133,75
48,362.00
43,652.89
10,000
5,000
Communications.
Printing (cost less income derived
from sales)
Freight
Common Services
Office Rooms t
Documents Reproduction
Reimursement to UN for
.Administrative and
Financial Services
Other Services
TOTAL OF PART II
Total of Parts I and II
PART III: Unforeseen
110,148.64
10,000
5,000
?,500
7,500
1,5030
2, 920
6,,075
2,601
3,750
15,346
39,405.00
302,149.64
15% of foregoing
262,744.64
44.64
TOTAL Budget/3 Rev.1
Page 8.
ANNEX IIb,
BUDGETARY JUSTIFICATIONS
See Appendix II of Budget/1
for Charges
The Estimates are based on:
The other budgetary Justifica-
tions are contained in Budget/1
pages 5, 7 and 8,
GATT 4th Session lasting 6 weeks
and held in Geneva
Tariff Negotiations lasting 4 months
and held away from Geneva.
GATT 4th SESSION TARIFF NEGOTIATIONS
ITEM I. _
Basis of Estimate Cost Basis of Estimate Cost
Temporary Appexox. 6 Gds, 5,069 . 5 Gde,4 14,877
Assistance 2 Dictribution 1 Documonts Officer
gross interna- staff gde. 7
tional salary 4 Secretaries Gde,4 1 Messenger Dis-
rates) 2 precis Writers tribution Clerk.
- Gde.10 - Gde.2
1 Research Assis-
tant Gde15
2 Precis Writers
_ ~- Gde.10
Meeting Rooms Conference - 60 Meet. 3, 510 1 Conference-96 Meet, 9,1040
Sub-Committee - 4 Sub-Committee
75 Meetings 384 Meetings (total)
_____ _ Office - 36 Rooms - Office - 40Rms, '
Documents 1,500 pages English 12,150 1,300 pages English o10,
Reproduction 1,500 pages French . 1. 200 pages French
Translation 1 ,500 pages E/F 750 1,200 ages E/F 6,000
Interpretation 135 Meetings 2,902 96 Meetings
__te__ (1 addit.tprete r) 2.01
Per Diem _ All regular staff 26
Travel _ Can be estimated pro
when it is know. memo-
where. the Tariff ria
Negotiations are
to be held
Hotel Reser- 72 Delegates 361
nations
Stationery Based on 1948 690 | Based on Annecy Cost . 642
cost (UN supplies only)
__________ _ ____ . .for lst 4 months _
Communications Nominal figure - no .375 Based- on Annpcy Cost 19230
Freight estimate possible for 1st 4 months
Other Expenh To cover miscella- 1,518 To cover miscella- 2,183
diture neous expenditure _ neous expenditu:re
TOTAL
33,75
PART I MEETINGS
. |
GATT Library | cg850xf2985 | First report of working party on Article XVIII : Notification by Acceding Governments of Measures under Paragraph 11 of Article XVIII | General Agreement on Tariffs and Trade, May 14, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 14/05/1949 | official documents | GATT/CP.3/21 and GATT/CP.3/21 | https://exhibits.stanford.edu/gatt/catalog/cg850xf2985 | cg850xf2985_90320147.xml | GATT_143 | 598 | 3,852 | RESTRICTED
GENERAL AGREEMENT ACCORD GENERAL SUR LIMITED C.
G.TT/CP.3/21
ON TARIFFS AND LES TARIFS DOUANIERS 14 May 1949
TRADE ET LE COMMERCE Original: ENGLISH
Contracting, Parties
Third Session
FIRST REPORT OF WORKING PARTY ON ARTICLE XVIII
Notification by Acceding Governments of Measures
under Paragraph 11 of Article XVIII.
1. Working Party 2 is required by section (b) of its terms of
reference to consider the question of procedure for the notification
of measures by acceding governments under paragraph 11 of Article XVIII
and their examination. In view of the approaching conclusion of the
work of Working Party 1 on Accession in drafting an instrument of
accession, the Working Party, before considering the whole question of
the procedure, directed its attention to the dates specified in para-
graph 11 of Article XVIII in respect of measures to be notified by the
acceding governments. The present report is submitted to the
Contracting Parties so that the proposals of this Working Party can be
considered with the proposed Protocol of Accession submitted by Working
Party 1.
2. The Working Party is of the opinion that such measures should be
notified by the acceding governments before the end of this session so
that contracting parties and acceding governments will have knowledge of
the measures existing. The acceding governments should therefore give
notification as soon as possible before the conclusion of the session.
On the other hand, it is also the view of the Working Party that
sufficient time should be provided to enable the acceding governments to
prepare lists of the measures to be notified. The Working Party has
therefore come to the conclusion that it would be desirable that the
last date for the notification of such measures should be 15 June 1949, GATT/CP. 3/21
page 2.
in respect of the governments accedin at the end of this session.
3. As regards the date on which any non-discriminatory measures
should be in force, to be eligibla for the purposes of paragraph 11, the
Working Party felt that an early date might eliminate the possibility of
some measures having been introduced in order to benefit by the
provisions of that paragraph. However, the Working Party also felt that
it would not be desirable to fix a date earlier than the present time or
the opening of the present session since to do so would require acceding
governments to urdertake obligations in respect of a preceding date and
perhaps prior to the commencement of negotiations. Any interval between
the date on which the measures are in force for the purposes of para-
graph 11 and the date of notification would give rise to the difficulty
that an acceding government might be placed in the position of having to
withdraw measures introduced between the two dates. On the, whole,
therefore, it was felt that the interval should be as short as possible
and the Working Party, accordingly, proposes that 14 May 1949, i.e. the
date of the present report of the Working Party, should be adopted.
4. The working Party proposes to prepare for circulation to acceding
governments a statement that may serve as a guide to them in deciding
which measures are appropriate for notification under paragraph 11 of
Article XVIII. The Working Party would also be available to supply to
the acceding governments any supplementary information regarding the
eligibility of their particular measures for notification under that
paragraph.
5. In accordance with its terms of reference this Working Partywill
in due course consider the question of procedure for the examination of
measures notified under paragraph 11 of Article XVIII by acceding
governments. |
GATT Library | hn521jx0707 | Fourth Meeting held at Hotel Verdun, Annecy, Monday, 1 August 1949, at 2.30 p.m | Interim Commission for the International Trade Organization, August 1, 1949 | Interim Commission for the International Trade Organization (ICITO/GATT) and Emergency Session of the Executive Committee | 01/08/1949 | official documents | ICITO/1/21 and ICITO/1/17-27 | https://exhibits.stanford.edu/gatt/catalog/hn521jx0707 | hn521jx0707_90180037.xml | GATT_143 | 3,276 | 20,339 | UNRESTRICTED
INTERIM COMMISSION COMMISSION INTERIMAIRE DE
FOR THE INTERNATIONAL L'ORGANISATION INTERNATIONALE ICITO/1/21 1 August 1949
TRADE ORGANIZATION DU COMMERCE
ORIGINAL: ENGLISH
EMERGENCY SESSION OF THE EXECUTIVE COMMITTEE
Fourth Meeting held at Hotel Verdun, Annecy,
Monday, 1 August 1949, at 2.30 p.m.
Chairman: Mr. L. D. Wilgress (Canada)
Subjects discussed:
1) Budget estimates for 1950 (ICITO/W/4).
2) The Spanish Text of the Havana Charter (E/Conf.2/W.16/Corr.1).
3) Barriers to the international transport of goods.
4) Chapter VI of the Charter.
1) Budget estimates for 1950 (ICITO/W/4)
The CHAIRMAN summarised this paper and called particular
attention to paragraphs 4 and 5 regarding the means of raising the
amount required for 1950.
Mr. HEWITT (Australia) enquired whether the Secretary-General
had authority to refuse to advance the balance of the loan provided
by the General Assembly.
Mr. ROYER (Deputy Executive Secretary) read the Resolution
of the General Assembly and said that the Secretary-General was
authorized by the regulations of the United Nations to lend up to
that amount of money as required, i.e. he was allowed to make advances
only on the basis of cash requirements and not on budget estimates.
Any saving in the expenditure of the Interim Commission accrued,
therefore, to the United Nations, rather than to the Interim Commission.
With regard to the repayment of the loan, when the advance was made,
it was done on condition that it would be repaid within two years,
irrespective of the setting up of the ITO, and consequently the
Secretary-General had informed the Interim Commission that a formal
request to the General Assembly for an extension of the period would ICITO/1/21
page .2
be necessary.
On Paragraphs 2 and 3 there were no comments.
Paragraph 4
The CHAIRMAN read the text of the letter referred to in
this paragraph regarding contributions from member States.
Mr. LEWIS (United States) said that for the reasons he had
previously explained, his delegation could not agree to a direct
contribution now. It seemed to him that Alternative (b) would be
most acceptable to the General Assembly.
Mr. RODRIGUEZ (Brazil), Mr. de ALBA (Mexico) and Mr.
ABD-EL-ABY (Egypt) stated that their Governments were in the same
position as the United States.
Mr. REISMAN (Canada) said that while his delegation had no
strong views, they were prepared to concur in continuing the procedure
of requesting advances from the United Nations. He called attention
to the fact that the Secretary-General appeared to anticipate a
certain difficulty in getting such an advance from the General Assembly
and pointed out that it was therefore the responsibility of countries
here to urge their representatives at the General Assembly to support
this procedure.
The CHAIRMAN stated that it seemed to be the sense of the
meeting that contributions directly from governments would be
impracticable and that consequently the meeting should consider the
two alternatives set out in paragraph 5.
Mr. THOMESSEN (Norway) and Mr. POLITIS (Greece) were in
favour of Alternative (b).
Mr. REISMAN (Canada) saw no difficulty with Alternative (b)
except the word "probably". He thought it unwise to have budget
estimates in the least insecure. ICITO/1/21
page 3
Mr. ROYER (Deputy Executive Secretary) said that it was
difficult now to foresee the extent of the saving that could be
effected by the end of the year but there was a certain amount of
elasticity in that all of the money did not have to be repaid in
1950. Consequently he was confident that this amount would cover
the requirements, He agreed that Alternative (b) was less clear
and legal than Alternative (a) but that it had the advantage of
demonstrating to the Assembly that the Interim Commission was
spending no more money.
Mr. REISMAN (Canada) thought that it would perhaps be
preferable if the Executive Secretary suggested Alternative (b) to
the United nations and if that did not Seem acceptable, be authorized
by the meeting to return to Alternative (a).
The CHAIRMAN agreed that it was undesirable to tie the
hands of the Executive Secretary too much in this matter and thought
he should be authorized to explore this question with the United
Nations in order to see which was Iikely to prove the more acceptable,
This was agreed.
Paragraph 6 was agreed.
paragraph 7
Mr. SHACKLE (United Kingdom) thought that the first
conference of the ITO in1950 should be provided for and wondered
whether it Was advisable to count on its financing by one member State.
Mr. ROYER (Deputy Executive Secretary) pointed out that the
estimate for the first conference was $125,000 and if Alternative (a)
of paragraph 5 were accepted. and in view of a certain amount of
flexibility in repayment to the United Nations, the estimate for
the first conference might be covered up to the amount of $91,000.
This would leave approximately $30,000 and he did not think it would
be difficult to find this balance elsewhere if the ITO Charter were
ratified.
Mr. SHACKLE (United kingdom) thought this explanation suggested
the advisability of preferring Alternative (a) to (b) . ICITO/1/21
.page 4
The CHAIRMAN said that this point was covered, since the
Executive Secretary had been given freedom in dealing with the
United Nations in this matter. He inquired whether the United
Kingdom wished to press for requesting the United Nations for an
advance to cover the first conference,
Mr. SHACKLE (United Kingdom) said he would not if there
were reasonable expectations of getting the funds otherwise.
Mr. REISMAN (Canada) thought it inadvisable to try and
meet so important a part of the 1950 budget by juggling estimates
and that it was more than pessimistic to put forward an estimate
which did not contain provisions for the first conference of the ITO.
The EXECUTIVE SECRETARY said that it was difficult to
weigh the probabilities of action by the General Assembly but it had
not been easy at the last session to get this loan and the problem now
was the reluctance of the United Nations to incur liabilities for an
organization which might never come into being. On the basis of the
replies by governments to the questionnaire concerning ratification
of the Charter, he saw no reason for confidence that the conference
would take place in 1950 and to put forward the loan request on that
basis would seem to him almost like obtaining funds under false
pretences.
The CHAIRMAN thought that this matter might be left in
abeyance for the time being, since it was probable that funds could
be obtained elsewhere.
Annex I was approved. The Budget was approved as a whole.
Mr. ROYER (Deputy Executive Secretary) pointed out two
questions arising out of the decision by the CONTRACTING PARTIES
concerning the budget. They had requested the Executive Committee
to advance the money necessary to finance the additional expenditure
in 1949 to be repaid by the contributions of acceding governments for
1949, and they had also decided that instead of the 10% and 50%
applied during 1949, 50% and 90% of the amount would be the basis used
in 1950. Furthermore, some expenditure not hitherto charged to the
CONTRACTING PARTIES would be charged to them next year.
This was approved. ICITO/1/21
page 5
2) the Spanish text of the Havana Charter (E/CONF.2/W.16/Corr.1)
The CHAIRMAN summarised the document for the meeting.
Mr. WILLOUGHBY (United States) said that his delegation
attached great importance to having an authentic Spanish text,
because of the possible delay otherwise for Spanish speaking countries
in taking action on the Charter. He considered that the date of
August 15 suggested gave too short a period for consideration, but
he did not think that the procedure so far used for establishing
the text should be entirely abandoned as impracticable. He proposed
that a drafting committee be set up with authority to produce an
authentic text without referring back to the Interim Commission, and
that this drafting committee Consist of Mexico, the United Kingdom
and the United States, who had already suggested the changes, and
any other countries that were interested. He suggested that it should
meet on 1 September and produce a text to be deposited with the
Secretary-General.
Mr. de ALBA (Mexico) thought that the drafting committee
should also contain a French representative in order that an
authoritative comparison couId be made between the English, French
and Spanish texts, and that it should contain several Latin-American.
representatives. He suggested that it meet in New York concurrently
with the General Assembly, as all the countries would be present there,
He thought it should be given until the end of the year to produce
a text.
Mr. WILLOUGHBT (United stats) said that he had also
intended to suggest Lake Success for the same reasons as the delegate
for Mexico, but he disagreed that it would require so much time. He
thought that the technicians might meet first and that their work
could be approved by a body of authorised delegates, in which case one
month seemed to him adequate.
Mr. LECUYER (France) agreed with Mr. Willoughby.
Mr. GUERRERO (El Salvador) agreed with the delegate of Mexico
that December was a more likely date. ICITO/1/21
page 6
Mr. SHACKLE (United Kingdom) agreed that the date of
August 15 was impracticable and that there was a real need for an
authentic Spanish text. He pointed out that the representative on
the drafting committee would need not only linguistic ability but
expert knowledge of the Charter.
Mr. de ALBA (Mexico) suggested that the drafting committee
consist of the United Kingdom, the United States, France and four
Latin-American countries - Mexico, Chile, El Salvador and Colombia,
He reiterated that four months seemed to him the minimum time
necessary.
The EXECUTIVE SECRETARY stated that his memorandum had not
been dictated by unawareness of the need for an authentic Spanish
text as soon as possible but rather in order to provoke suggestions
as to how that objective could be achieved. He did think that the
procedure which had been used hitherto was obviously ineffective
since in 18 months it had not been able to produce anything at all.
He agreed with the United States suggestion for a drafting committee
with authority to establish a text which would then be deposited To
establish a drafting committee that only circulated its text after
producing it was useless. If the former method were approved, it
would be desirable to invite all Spanish speaking countries to
participate and make it clear to them that this was their last
opportunity to participate in the production of a Spanish text.
Mr. BURR (Chile) agreed with the United States proposal
as modified by the Executive Secretary but suggested that the committee
meet on 1 October rather than earlier.
The CHAIRMAN said that there was general agreement on the
establishment of a drafting committee with these terms of reference,
He stated that the invitation would consequently be sent to the United
Kingdom, the United States and France and the sixteen Spanish speaking
countries who had signed the Final Act. As to the time of meeting,
he proposed that it meet on 15 September for six weeks,
This was agreed. ICITO/1/21
page 7
3) Barriers to the intenational transport of goods (MT/16/49)
The CHAIRMAN summarised the paper and said that a decision
should be taken as to whether the Interim Commission would undertake
formal responsibility for dealing with this matter.
Mr. WILLOUGHBY (United States) considered that this was a
question of substance and therefore not within the terms of reference
of the Interim Commission. He suggested .that the replies be kept
by the Secretary-General until the ITO were established, or turned
over by him to the Interim Commission to hold until the first
conference.
Mr. HEWITT (Australia) said that of the recommendations
referred to in Document E/CN.2/49, 1 and 4 related to the Transport
and Communications Commission and 10 to the International Maritime
Consultative Organization. The others, however, were in the field
of the ITO and he thought it not inappropriate for the Interim
Commision to collate the replies in the interval before the ITO was
established.
Mr. CASSIERS (Belgium) considered that there was great
interest for the Interim Commission to examine the consular, customs
and quarantine formalities, as they did in effect constitute a serious
barrier to international trade and were frequently contrary to the
Charter. He was therefore in favour of their examination by the
Interim Commission to see how far such formalities were in use at
the present time.
Mr. LECUYER (France) agreed with Mr. Cassiers and pointed
out that this need be only a study.
Mr. POLITIS (Greece) and Mr. RODRIGUEZ (Brazil) agreed that
this could be a very useful function of the Interim Commission.
The CHAIRMAN thought that the points of view could be met by
authorizing the Executive Secretary to inform the Assistant Secretary-
General for Economic Affairs that certain of the matters dealt with in
the Interim Commission report were within the terms of reference of
the ITO. Since the latter was not set up, they could not be dealt with ICITO/1/21
Page 8
in a substantive manner. However, the Interim Commission was
prepared to recommend that the subject be placed on the agenda of
the first conference and would consider its duty to collect together
all the documents relating to the matter in order that it could be
discussed at the first conference. He should therefore inform the
Secretary -General that the ICITO Secretariat would be prepared to
receive and collate the replies from governments on the items within
the terms of reference of the ITO.
This was agreed.
4) The CHAIRMAN then raised the question of the application
of Chapter VI. It seemed now inappropriate to ask the Working Party
which was set up at the last meeting to continue its work on details
without some clear statement of decision as to the substance of the
matter. That is to say, whether there would be agreement to put
Chapter VI into effect.
fMr. de ALBA (Mexico) said that his country did not consider
it opportune or necessary to put Chapter VI into effect at the
present time; as it would need the approval of the legislature and
his Government thought it impracticable to put one chapter separately
from the rest of the Charter before the legislature. They were
willing, however, to take part in any discussions with a view to
solving problems of primary commodities
Mr. PHILIP (France) spoke now with the instructions of his
Gove.nment, The French Government was aware that commodity agreements
which might be reached to the satisfaction of producers and consumers
would not necessarily constitute the only solution to the world
problems in the domain of primary commoditieo. Secogndly, they also
considered the Havana Charter as a whole and consequently understood
the hesitations of the United States delegation in this conn.ction,
Thirdly, they were, .however, already engaged as contracting parties
to respect certain principles of the Charter, including Chapter VI,
and therefore it seemed possible to his Government to have an Interim
Commission within the framework of the General agreement to initiate
studies on commodity arrangements and to see that they adhered to the
principles of the Charter. He thought, therefore, that without insisting ICITO/1/21
page 9
on the application of Chapter VI itself, the necessary action could
be taken through the General Agreement.
Mr. WILLOUGHBY (United States) said that when the problem
had first been raised, he had expressed misgivings as to whether
his Goverment would be able to take the suggested actions In
discussing the Charter and the relation of the Charter to the General
Agreement with legislative leaders, the administration had always
emphasised that the General Agreement was negotiated under certain
executive powers and related solely to tariffs and connected matters,
while the Charter, on the other hand, was a much broader document
including several other chapters, among them the commodity chapter,
and that no action in this respect would be taken without the approval
of Congress. The United States Administration would therefore not
agree to put Chapter VI into effect even provisionally. The Working
Party was considering other alternatives which had not yet been worked
out, but it did not seem to his delegation that there would be any
modification of the original proposal acceptable to his Government.
Mr. COUILLARD (Canada) said that his Government was opposed
to piecemeal application of the Charter. He thought there was actually
little danger of commodity agreements contrary to the Charter, as all
contracting parties had engaged to observe the principles of Chapter
VI and they formed a very large percentage of world trade.
Mr. THOMMESSEN (Norway) said that he had felt the Working
Party had been discussing this question on a plane of theories only
and that it was time it was realised that the United Kingdom proposal
was not possible, as most countries had the same constitutional
difficulties, Could not the terms of reference of the Working Party be
amended in order that the discussion could take place on a more practical
level?
Mr. COELHO (India) said he had had no instructions as yet
as he had been awaiting the termination of the Working Party, However,
he thought that there had been a general feeling, at least until the
statement by the Executive Secretary today, that the Charter would ICITO/1/21
page 10
come into effect within seven or eight months and he wondered
whether it was worth setting up yet another inter-governmental body
with all the attendant problems of organization and procedure for
so brief a period of time. He found it difficult to see clearly
the relation of this new body to other organizations now in the
commodity field and feared that it would delay ratification of the
Charter as a whole.
Mr. HEWITT (Australia) said that he had now received his
instructions. His Government felt it was important that international
action in the commodity field be taken before, rather than after,
the development of difficulties, and it was their view that the
action suggested by the United Kingdom to implement Chapter VI
would be useful and would lead to the early establishment of a
single inter-governmental authority in the field of commodity policy.
Mr. SHACKLE (United Kingdom) said that it seemed to be a
majority decision not to pursue the discussion here. However, he
thought it would be regrettable if the work-done in the last week
by the Working Party were completely discarded and proposed that
the documents be kept as part of the records of the session as it was
possible that they might have to be revived at some later date,
Mr. ABD-EL-ATY (Egypt) said that his Government also was
not in a position to apply a part of the Charter separately from
another.
Mr. CASSIERS (Belgium) said that at the last meeting the
Netherlands had said it would be in a position to sign such a protocol.
However, neither Belgium nor Luxembourg could make such a commitment
at the present time.
Mr. POLITIS (Greece) was also against the application of
Chapter VI.
The CHAIRMAN thought that this had been a useful discussion
and suggested that the Working Party take account of the views expressed ICITO/1/21
page 11
here and prepare a report for the records of the Executive Committee.
Mr. COUILLARD (Canada) failed to see any need for the
Working Party to continue and to further polish the draft it was
elaborating. The papers had all been prepared and there was a
draft report which could be used.
The CHAIRMAN proposed then that there should be no further
discussion of the question in the Executive Committee and that the
draft report of the Drafting Group of the Working Party on Chapter
VI be sent to the CONTRACTING PARTIES.
This was agreed and the meeting adjourned at 6.20 p.m. |
GATT Library | wj217kv4924 | Fourth protocol of rectifications to the General Agreement on Tariffs and Trade | General Agreement on Tariffs and Trade, December 19, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 19/12/1949 | official documents | GATT/CP.4/3 and GATT/CP.4/1-6 | https://exhibits.stanford.edu/gatt/catalog/wj217kv4924 | wj217kv4924_90320361.xml | GATT_143 | 3,037 | 19,136 | GENERAL AGREEMENT ACCORD GENERAL SUR RESTRICTED
LIMITED C
ON TARIFFS - AND LES TARIFS DOUANIERS GATT/CP.4/3
19 December
TRADE ET LE COMMERCE 1949
ORIGINAL: English/French
Contracting Parties
Fourth Session
FOURTH PROTOCOL OF RECTIFICATIONS
TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE
Several suggested rectificationss to the Annecy Schedules
have been received by the Secretariat and it is, therefore,
proposed that a Fourth Peotocol of Rectifications be drawn
up at the Fourth Session for signature by Contracting Parties.
The rectifications received thus far are herewith dis-
tributed for examination by elegations. If any delegations
have further rectifications to suggpest, either to the Annecy
or Geneva Schedules , of comments on this list, they are requested
to inform the Secretariat as soon as possible and in any case
not later than l5 February.
Parties contractantes
Quatrieme Session
CUATRIEME PROTOCOL DE RECTIFICATION DE
L'IACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCE
Le Scretaire executif de la Commission interimaive a
ete saisi de plusieurs' propositions de rectification des listes
etablies a Annecy. AIl est dpne sulggere qe'un Quatrieme
Protocole de rectification soit elabore au cours de la ouatrieme
session et soumis a la signature des. parties contractantes.
Veuillez trouver ci-joint le texte des propositions
de rectification remis a ce jour, qui sont communiquees pour
examen aux delegations. Les delegations qui auraient d'autres
rectifications an proposer, tant pour les listes de Geneve
cue pour celles d'Annecy, ou des commentaires a formuler sur
la liste ci-jointe, sont prices d'en inforiuer le Secretariat
des que possible et en tout etat de cause le 15 fevrier au
plus tard. -2- SCHEDULE II- BELGIUM, LUXEMBOURG LISTE II BELGICUE, LUXEMBOURG
NETHERLANDS PAYS BAS
SECTION A - METROPOLITAN TERRIFF
TORIES
Item 391
Sub-item ex b should read:
"Blocks assembled and panels, of
pine or common fir, also if.. .."
Item 412
Line 2 shouldreead:
"materials, not elsewhere speci,
fied cr included"
Item 420
Line 1 should read:
"Paper in rolls or sheets......"
Item ex 801
Line 4 should read:
"vanadium. etc.) agglomerated
and tools"
SCHEDULE III - BRAZIL
Item ex/227
Sub-item /2 should read:
"Shelled or pounded"
Item 322
In sub-item /1 - delete the comma
after "winding"
Item 564
The second line should read:
`Cigarette paper:"
Item ex 587
Insert before the second of the
two sub-items:
"/31"
Item 608
The sub-item
" /1"
Item 857
Section C. INDONESIE
Position 129
La premiere ligne oit se lire:
"Albatre, ainsi cue marbre
(statuaire et"
LISTE III - BRESIL
Position 944
Insurer au commencement de la
Note avant les mets "'N'acouitent"
"La premiere partie de la note
numbere 233 sera ainsi:"
Position 1.828
La position doit apparaitre
a la page IV dans la premiere
colnnne avant la designation
"Machines"
Ajouter apree le mot "Machines"
"(ou engins)"
should read:
The last two lines of the Note
should read:
"...will pay
rate."
50% above basic -3-
SCHEDULE V - CANADA LISTE V - CANADA
Position 8a
La designation doit se lire:
"Extraits de viande et bouillons
de viande de boeuf, non medicamenteux"
La designation doit. se lire:
"Cire d'abeilles, non euree"
Position 99 c (ii)
La premiere ligne doit se lire:
"Raisins de Corinthe, secs"
Position 99 f
La-premiere ligne doit se lire:
"Figues seches"
Position ex 105 b
Le designation doit se lire:
"Olives mures en saumure"
Positions 105' f.105'g.ex 105 c
La deuxieme ligne doit se lire:
"...avec ou sans addition.."
Positions 142 et ex156
Supprimer les mots "subordonnement
aux" et remplacer par
sous reserve des"
Position 14.2, l2e ligne doit se lire:
"percu sur l base du....."
Position ex-203
Aux Ie et 5e lignes supprimer le mot
"adaptes" et remplacer par:
"propres"
Position ex 252g ex 711
Lp designation doit se lire:
"Ouvrages en ponce ou on pierre
ponce"
Positions ox 350 ex 38a;:ex 401 g
La deuxieme ligne doit se lire;
"..a froid apres etirage, pour"
Position Ex 366
Supprimer le mot "rebuts" et rempiacer
par
"dechets" LISTE V - CANADA (suite)
Position 409
La douxieme ligne doit se lire:
"less bols acier"
Positon 494 a
Supprimer le mot "tranches" a la
premiere ligne et remplacer par
"plaques"
Position ex 532
La premiere ligne doit se lire:
"Articles confectionnes en tissus..."
A la cuatrieme ligne supprimer le
mot "debarbouilloirs" et remplacer
par
"gants de toilette"
Position ex 548
La troisieme ligne doit se lire:
"pas de laine , n.de., a savoir. . ."
A la cinquiueme ligne supprimer le
mot 'debarbouilloirs" et remplacer par
"gants de toilette"
Position ex 554 b
Les 3e et 49e lignes doivent se lire:
"neuf onces par yards carries, n..d "
Position ex 560 a et ex 564
La troisieme ligne doit se lire:
"...d'au moins cinq yards chacune"
Positions ex 561- ex 564
Supprimer le mot "faite" a la pre-
miere ligne et remplacer par
"fabriqueIe"
La cinouieme ligne doit se lire:
"cina yards chacune....."
Position 569 (iii)
La cnuatrieme ligne doit se lire:
" selon les reglements auepeut .."
Position 569 c
La sixieme ligne doit se lire:
"pas a ornamentation ou garnitures
de ces...."
Position 682
Supprimer le mot "merlins" a la
quatrieme ligne. -5-EISTE V - CANADA (suite)
Positions 105 f et g
La deuxieime ligne doit se lire:
"... avec ou sans additions..."
Positions ex 252 et ex 711
La designation doit se lire:
"Ouvrages en ponce et en pierre
ponce"
SCHEDULE X - CZECHOSLOVAKIA
LISTE X TCHECOSLOVAQUIE
After Item 88 the Note should read' Page 6
"Note 3 after 90"
Page 11
After heading XXIX, add the
sub-heading:
Paper Wares"
Page 16
The second paragraph, third line
should read:
"liauid produced in the raw
state,"
Le deuxieme soustitre du titre XI
doit se lire:
"Graisses techniques et acides
grasses:"
Page 10
Le titre XVIII doit se lire:
"MATIERES FUARMACEUTIEUES ET DE
PARFUlTIERIE."
Le titro XXIII doit se lire:
"LIN, CHANVRE, JUTE ET AUTRES
MATIERES POUR LA FILATURE VEGELTLES,. .'
Position ex 202
La dwsignation doit se lire:
"Lin, chanvre, jute et autres ma-
tierus pour la filnture vegetables,.."
Page 11
Le sous titre du titre XXIV doit
se lire.
"meme melanges avec d'autros ma-
tieres de filature, sauf dc sote."
`Position ex 356 ex a) ex 1)
La designation doit se lire:
"bobines on bois de bouleau, impor-
tees et passant par les doumnes."
Position ex 470
La subdivision a) doit se lire:
"0.5 mm ou plus"
La subdivision b) doit se lire:
"moins de 0.5 mm"
Page 16
La douxieme ligne du deuxieme para-
graphe doit se lire:
"..de, dstillation dudit produit
liquide, a" SCHEDULE XI - FRANCE
-6-
LISTE XI - FRANCE
Item 1 B
Should read:
"intended for slaughtering"
Page 11
The subheading of Chapter 45
should read:
"'Morocce wares, ......"
Page 23
The fifth line of the last para-
graph should read:
" ..on occasion special taxes
which"
SCHEDULE XII - INDIA
LISTE XII - INDE
Position Ex 8 ( 2)
La deuxieme ligne de la Note;
doit se lire:
"position ci-dessus seront.."
Position Ex 15 (6)
La deuxieme ligne de la Note
doit se lire:
"Position ci-dessus sera .... "
SCHEDULE XIII - NEW ZEALAND
LISTE XIII - NOUVELLE ZELANDE
Position Ex 352
La quatrieme ligne de la seconde
Note doit se lire:
"...sous la position 352 du triff"
La sixieme ligne de la premiere
Note doit se lire:
"fabriques economiquement...."
SCHEDULE XV. - PAKISTAN
Item 44
In sub-items (i),(ii)9 and (iii)
substitute for the word "and" be-
tween "white" and "grey" the word
" or"
Page 1
The item number opposite "Milk
transport, cans.." should read:
" 63( 28) "
LISTE XV - PAKISTAN
Position 44
Dans la troisieme colonne des
sub-divisions (i),(ii), et (iii)
ajouter apres le taux des droits:
par cwt. *
Position Ex 71 (4)
L trosuieme colonne doit se lire:
"l anna 6 pies la livre" -7- SCHEDULE XVIII - UNION OF SOUTH-
AFRICA
SCHEDULE XIX - UNITED KINGDOM
Page 8
Delete "Ex" before Item (8)(i)
Item ExX(12)(i)
The second line should read:
... of cold-rolled strip,"
SCHEDULE XXII - DENMARK
Page 1
Ansert in the first column oppo-
site "Champagne"
"ex 25"
I tem 118
insert in the third column:
'"Free"
Item 202/3
Delete the word "up" in the
Third line.
Item e x 222
The second line should read:
'calculating or adding machines,"
Item ex 239
The third column should read:
"Kr. 0.04 per kg"
Part II
Insert"XXII" after "Schedule"
LIST1E XVIII - UNION SUD-AFRICAINE
Position 113 (3)
La designation doit se lire:
"Aspirateurs de poussiere et
cireuses pour .............."
LISTE XIX - ROYAUME UNI
Page 9
Supprimer le "Ex" devant la posi-
tion 8 (i).
LISTE XXII DANEMRK
Page 1
Supprimer dans les 2 premieres
lignes les mots "sapides en forme
liquide ou seche" et remplacer par::
"aromatinues (a l'etat liquide
ou sec)"
Position ex 4
La douxieme ligne doit se lire:
"soude calcinee nitrate de soude..,'
Position ex 8
Ajouter une virgule apres le
parantheze a la deuxieme ligne.
La deuxieine ligne doit se lire:
"damejeannes, cruchons et cruches"
Position ex 65 a
La designation doit se lire:
"Noix, decortiquees ou non"
Position ex 65 a
La designation doit se lire:
"Noix Pecans, decortiouees ou non"
Position ex 73
Les deux dernieres lignes doivent
se lire:
"...grainss de graminees, de
caroubier, glands"
La ouatrieme ligne doit se lire:
"cravates, chines-sautoirs....."
La huitieme ligne doit se lire:
"ouvrages en metal comum ou on
metal comun recouvert" -8-
LISTE XXII - DANEMARK (suite)
Position ex 76 d
La derniere ligne doit se lire:
"bandelettes en cellophane celluloid"
Position ex 89
La derniere ligne doit se lire:
"travail ultericur semblable"
Position ex 97
La derniere ligne doit se lire"
"tracteurs et machines agricoles"
Position ex 103
La designation doit se lire:
"Engrais phosphates"
Position ex 111
Supprimer " capelincs" et remplacer par:
"Chapeaux de feutre"
Dans la troisieme colonne a ln fin des para-
graphes 1), 3) et 4) supprimer le mot"coiffe'
et remplacer par:
"doublure"
Position ex 132 c
La premiere ligne doit se lire:
"Baignoires, lavabos, ..."
Position ex 163/3
La premiere ligre doit se lire:
"Feutre pour usages technirue...."
Positions 178/4 et 178/5
Inserer apres le mot "soie" dans chaque posi-
tion le mot
"artificielle"
Positions 182/6 et 182/13
Supprimer le mot "Articles" dans charue
position et remplacer par
"Tissus"
Position 189/2
La premiere ligne doit se lire:
"Blondes et dentelles;......"
Position ex 195
La premiere ligne doit se lire:
"Draps de lit, serviettes... "
Position ex 199/1
Supprimer le mot "uniquement" et remplcer pa::
"entierement"
Position ex 139 g
La derniere ligne doit se lire:
"..graines de soya" -9-
LISTE XII - DANMARK (suite)
Position 204
La premiere ligne doit se lire:
"Autres vetemonts avec metiere dominante"
Positinoe ex 222 (le subdivision)
Ln deuxieme ligne de la troasieme colonne doit
se lire:
"existantes concernant"
Position ex 222(2e subdivision)
Inserer deux virgules, avant et apres le mot
"motocyclottes" a l'avant-derniere ligne du
premier paragraphe.
Supprimer les mots "de constructions" dans la troi-
sieme ligne du second paragraphe et remplacer par:
"d ' entrepreneurs"
Position ex 222 (3e subdivision)
Supprimer le mot "machines" a la dernieere ligne
et remplacer por:
"moteurs"
Position ex 222 (4e subdivision)
La designation doit se lire:
"Armoires frigoriftiues et machines refrigeratrices -
toutes combinees avee des dynamos, generateurs
ou moteurs electrirues"
Rosition ex 222 (5e subdivision)
La designation doit se lire:
".......pour les travaux d'entrepraneurs y compris
"bull-dozers" - tous combines avec des dynamos,
generateurs ou moteurs electricues"
Position ex 222 (6e subdivision)
La derniniere ligne doit se lire:
"generateturs ou moteurs electriques"
Positon ex 224
Supprimer les mots "de construction" dans los deux
preimiers subdivisions et remplacer par:
"d' entrepreneurs"
La designation doit se lire:
"Tuyaux droits coules en fer ou en acior, ayant
6.5 mm......de brides passes au tour"
La deuxieme ligne daoit se lire:
"(meme fonte malleable, coules)...."
La promiere ligne du deuxieme paragraphe doit se lire:
"Pieces on for ou acier pour .....' -10- LISTE XXII - DANMARK (suite)
Position 249
La promiere ligne doit so lire:
"Garde-boue fabripue en plnaoucs d'une"
Position 267
La lle ligne du second paragraphe de la Note
doit se lire:
"la verification no revele pas une plus"
Position 269
La 14c ligne de la Note a la page 22 doit se lire:
"aux journeanux correspondents......."
Position ex 270
Le dernior mot doit se lire:
"durs"
Position ex 279 La derniere ligne doit se lire:
"des textiles ou autres"
Position 286
La premiere ligne doit se lire:
"Riz, debarrasse de son enveloppe"
Position ex 295
La promiere ligne doit se lire:
".... de chevaux, de boeufs,"
Position ex 301
La designation doit se lire:
"Ballers de football"
Positions ex 306 et ex 307 c
Supprimer les mots "fruits de citrus" dans
charque designation et remplecer par:
" agrumes"
Position ex 326
Positon 326
Inserer a La troisieme colonne:
2.40 per m3"
Position ex 327
La deuxieme ligne doit se lire:
"de coniferes, rabotes ou bouvote's...."
Position ex 333
La cuatriemo ligne doit se lire:
"assemblees (non compris..."
La troisieme colonne doit-se lire:
"0,006 le kg"
Position 287
La premiere ligne doit se lire:
'Gruaux de riz,y comprise le riz" -11- LISTE XXII - DENMARK (suite)
Position ex 346
La premiere ligne doit se lire:
"Plarcues de copeaux presses avec de"
Position ex 356 a
La premiere ligne du deuxieme paragraphe doit
se lire:
'Automobiles et chassis pour...."
Page 25
Supprimer le "ex" devant la position 356 b.
Position 356 c
A la..7e ligne de la Note, inseerer apres le mot
" cylindree" les mots
"du moteur"
Note au no. 356 d
Lan note doit se lire:
" ....Pour-les automobiles qui sont rangees sous
le 356 de la valeur de la, taxation douaniere
doit en tous cas etre fixedee d'apres la valeur du
vehicle en etat de marche meme si lors da....
les automobiles en. question sont impbrtees pour.."
La dernere line du 20 paragraphe doit so lire:
"mehtionee ci-dessous:"
Page 26
Insererr dans la prermifre colonne devant le dernier
paragraphe le numero de la position
"ex 358"
Inserer apres le mot "serrageg" a la deuxieme ligne
une virgule et a la fin de la troisieme ligne
le mot
" rouess"
Position ex
Supprimer le mot "refrigerateurs" et remplacer
par:
"machines refrigeratfices" -12- SCHEDULE XXIII - DOMINICAN REPUBLIC LISTE XXIII - REPUBLIQUE DOMINICAINE
Item 342
The rate of of duty in the third
column should read"
" 5.00 "
Item 1077
Add the subheading
"a)"
SCHEDULE XXIV - FINLAIND
Item 61-158
The description should read:
"cutting facd length over 16 cm"
Item ex 73-008
The lnst line should read:
sparking plugs for internal
combustion motors:"
SCHEDULE XXV - GREECE
SCHEDULE XXVI - HATT
Page 2
The item number opposite
item should read:
" 37"
Item 1415
The duty should read:
"Kg. gross 0.06"
Item 2128 a
The duty should read
Position 120
Supprimer les mots "les merncs"
a la deuxiefme ligne.
Position 323
Supprirmer le mot "tale", a la
pre miere ligne.
Position l047 c)
Insurer at la fin de in premiere
ligne:
"ou matiere similaire"
LISTE XXIV - FINL.NDE
Position 72-O14
Supprirnor a la quatrieme ligne
de la`Note les mots "ou leurs
parties"
Position ex 71-008
Ajouter a la fin du deuxieme
paragraphe"
"appareils electrioues d' allumange
at bougies pour moteurs a combus-
tion interne:"
LISTE XXV - GRECE
Position 112
Ajouter a la troisieme colonne
pour la sub-division a.
"8"
Position 276
Le taux de droit pour in subdivision
2. doit se lire"
"50"
LISTE XXVI - HAITI
the first
"Kg. net 0.58 ad valorem 11.5%" - 13-
SCHEDULE XXVI - HATTI (contin.)
Item 2218
The duty should read
"kg. gross 0.08 ad valoren 10%"
The second tariff item number should
read:
"11036"
Insert in the second line after
the word "dried" the words
"or dessicated"
Item 12404 a
The second line should read:
"'and fruits for salads......"
Item 12418
The duty should read
"Kg. Net .0.525"
Page 13
At the end of the fourth line
iselete"11033". The sixth line
"10130 a, 12131 a, 12420, 12423,
12424, and"
SCHEDULE XXXII - ITALY
Item 453 a (1) *
The second line should rerd:
"not more than l3.3 per cent of"
SCHEDULE XXIX - NICARAGUA
The last line should read:
"a maximum of 0.90 or 50% ad val'
*Modification - see document
GATT/CP/46
Positionn 466 (1) *
Supprimer "16,', 21:. 0tricisieme
Line et remplacer par
'"16.23"
LISTE XXIX - NICARAGUA
Position 75
La design tion doit se lire:
"Verre a vitres"
La Note 2 doit se lire:
"La verre 2. vitres, verre plat se re.
connait generalement au fair ue ses
faces ou surfaces ne sont pas comple-
tement plates, ni paralleles entre
elles; elles -ont Jeurs bords legerement
ondoyants, et le manque d'uniformite
dans l'epaisseur de la feuille fait
aue le squ'lon regarded au travers en
direction oblique, les objets paraissen
defigures."
* Modification - voir documemt
GATT/CP/46 -14 -
LISTE XXIX - NICARAGUA (suite)
Position ex 896 b
La designation de la
doit se lire:
"Tubes d'emission et de reception
pour T. S. F.'"
SCHEDULE XXX - SWEDEN
subdivision (2)
de r ception
LISTE XXX - SUEDE
Ite, ex 1068
The last line should read:
"theroof n.s.m., weighing each:"
SCHEDULE XXXI - URUGUAY
LISTE XXXI - URUGUA Y
Tlhe first note should read: XII-673-206(note l et 2) XIIII-674-210
"the dimensions will be will be calculated XVI-868-598
by adding the length to the
bradth"
Item XIII-679-230
The description should read:
"Small glassware: Imitation
precious stones for jewelry"
Item XVI-823-39
Suh-item 2 should read:
"Parts and spare pieces of other
common metals for light motors
(excluding........"
Orbit the word "chassis" where it
occurs throughout the sub-items.
Page 27
The first line of the second para-
graph of the General Notes should
read1:
"The "aforos" which are at present
in force........."
Dans chanque . des notes supprimer
"du......%"et remplacer par
"de....%"
Position XIIX-672-231
La designation doit se lire:
"Verroteries: pondeloques pour
lustres"
Position XV-701
La derniere ligne de la subdivision
b) 9 doit se lire:
"(Aforo K.B. $0,0585)"
Position XV--727-134
AJouer une virgule apres le mot
"crochets".
Position XVI-823-39
Dans la subdivision 2 insurer entre
les mots "que" et "les" a la troi-
sieme ligne les mots
" cells pour"
Position XVI-839-210
La designrtion doit se lire:
"Refrigeeratours du type meuble"
Position XVII-893-66
Les deux proremiere lignes doivent
se lire:
'Autres pnrtios en for ou acier:
engrenages de transrmissions.. " |
GATT Library | yc262gy7230 | Fourth report of workiing party 2 on Article XVIII : Corrigenda | General Agreement on Tariffs and Trade, August 1, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 01/08/1949 | official documents | GATT/CP.3/60/Corr. and GATT/CP.3/60 + Corr.1 | https://exhibits.stanford.edu/gatt/catalog/yc262gy7230 | yc262gy7230_90320266.xml | GATT_143 | 252 | 1,663 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
ACCORD GENERAL SUR
LES TARIFS DOUANIERS
ET LE COMMERCE
RESTRICTED
LIMITED B
GATT/CP .3/60/Corr.
1 August 1949
Original : ENGLISH
Contracting Parties
Third Session
FOURTH REPORT OF WORKIING PARTY 2
ON ARTICLE XVIII
Para-
Page graph line
2 3
14 36
16
17
20
23
41
45 (a)
44
45
54
67
68
1
1
3
8
5
1
25 76 4
80 1
3
26 82 3
30 91(c) 3
4
32 5th 8
33 (f)(i) "A
54 93(iii) 4
37 102(2) 9
48 2nd 14
32 5th 10
Corrigenda
add "(GATT/CP.3/34) " at the and of paragraph.
add "and that in any case the use of an import
prohibition up to the stage whore an industry was
capable of supplying the whole home, demand was
not necessarily Justified" at the end of paragrat
delete "the measures".
delete "all".
delete "also".
delete "establishment and development aspects" and
stitute establishmentt, development and recon-
stuction of tho industries concerned".
delete "at" and substitute "before".
and "causes of the" before "high costs".
delete "to recommend" and substitute thatt the
measure was eligible under paragraph 11 and
recommends".
delete "measures" and substitute "measure'
delete "finds" and substitute "found".
delete "requests" and substitute "request".
delete "effect" and substitute ''faet".
insert "enable the CONTRACTING PARTIES to" between
"to" and "take".
delete "of the CONTRACTING PARTIES".
insert "the" before interestedd parties".
deleto "scheduld"and substitute "ordinary"
delete "scheduled" and substitute "ordinary".
add "only" after "provisional application".
delete "which".
delete "an" and substitute "any". |
GATT Library | gp825mx6160 | Fourth report of working part 2 on Article XVIII | General Agreement on Tariffs and Trade, July 26, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 26/07/1949 | official documents | GATT/CP.3/60 and GATT/CP.3/60 + Corr.1 | https://exhibits.stanford.edu/gatt/catalog/gp825mx6160 | gp825mx6160_90320265.xml | GATT_143 | 14,340 | 91,346 | RESTRICTED
GENERAL AGREEMENT ACCORD GENERAL SUR LIMITED B
ON TARIFFS AND LES TARIFS DOUANIERS GATT/CP.3/60
TRADE ET LE COMMERCE 26 July 1949.
ORIGINAL: ENGLISH
CONTRACTING PARTIES
Third Session
FOURTH REPORT OF WORKING PART 2
ON ARTICLE XVIII
1. Working Party 2 on Article XVIII was appointed at the fourth
meeting of the Session on 14 April 1949, and was given the following
terms of reference:
"(a) to examine the Statements submitted by contracting parties
in support of measures notified under paragraph 11 of
Article XVIII and the objections to these measures lodged by
contracting parties which consider their interests to be
affected;
(b) to take account of the points raised in the discussions
at this session;
(c) to report thereon to the CONTRACTING PARTIES."
At the fourteenth meeting the application of Ceylon for the adoption
of new measures under paragraph 7 of Article XVIII was referred to the
Working Party and this is still under consideration.
2. The Working Party consisted of representatives of Australia,
Canada, Chile, Cuba, France, India, the Netherlands, Syria, the
United Kingdom and the United States, under the chairmanship of
Mr. C. L. HEWITT (Australia). Representatives of Belgium, Ceylon,
Lebanon and Pakistan attended meetings and, by invitation, took part
in the discussions when matters of interest to them were considered.
Observers from other delegations, including those of acceding
governments, were also present at a number of meetings.
3. The Working Party has held 53 meetings and has submitted three
interim reports on matters which called for urgent consideration by
the CONTRACTING PARTIES, namely:
. The Report on Notification by Acceding Governments
(GATT/CP.3/21). GATT/CP.3/69
page 2
2. The Report on Extension of the Last Dates for Submission
of Statements and Lodging of Objections (GATT/CP.3/29 & Corr.1).
3. The Report on the Date of Decision on the Ceylon Application
(GATT/CP.3/36).
The Working Party also submitted to the CONTRACTING PARTIES and
circulated to acceding governments a memorandum of guidance for
notification of existing measures under paragraph 11 of Article XVIII.
4. This Report deals with other matters which were referred to the
Working Party, but not with the Ceylon application.
5. The following sections of the report deal separately with the
measures notified by present contracting parties under paragraph 11
of Article XVIII (Sections A to G); procedures between sessions for
existing and new measures (Section H); and procedures under Article
XVIII with respect to measures permitted by the Protocols of Provisional
Application and Accession (Section I). Appended to the Report are a
formal decision which the Working Party recommends be adopted, and
annexes which are referred to in the text of the report. GATT/CP.3/60
page 3
SECTION A: THE MASURES NOTlFIED BY THE GOVERMENT OF THE NETHERLANDS
IN RESPECT OF INDONESIA
6. The Working Party considered the telegram of 31 December 1948
from the Netherlands Government to the Chairman of the CONTRACTING
PARTIES (GATT/CP.3/1/Add.1) and the statement by the Netherlands
representative at the third meeting of the CONTRACTING PARTIES
concerning the measures notified by that Government in respect of
Indonesia.
7. The Worknig Party took note of the withdrawal of the
notification, and agreed with the representative of the Netherlands
that if, and when, the measures ceased to be applied under Article
XII, it would be open to the Netherlands Government to apply to the
CONTRACTING PARTIES for consideration of these measures under the
provisions of Article XVIII relating to new measures. GATT/CP.3/60
page 4
SECTION B: THE MEASURES NOTIFIED BY THE GOVERNMENT OF CHILE
8. The Working Party considered the statement submitted by the
Government of Chile (GATT/CP.3/1/Add.3) and a further oral statement
made by the representative of Chile, The Working Party noted the
statement of the representative of Chile that:
(a) the measures notified under paragraph 11 of Article XVIII
were mostly proclaimed by decisions or decrees during the war,
particularly towards its close, manifestly for the establish-
ment and development of domestic industries and branches of
agriculture. The protective measures consisted of
(i) the fixing. of import quotas, and
(ii) the withholding of import licenses;
(b) in recent years, measures to safeguard the balance of
payments, which first had been applied long before the
institution of the protective measures, had been extended and
there was now a complete control over the products which were
permitted to be imported; and
(c) consequently, all measures previously adopted for the
protection of domestic industry had been suspended and were
superseded in operation by measures taken to safeguard the
balance of payments.
9. It was the opinion of the Working Party that since the measures
currently in force in Chile for the safeguard of the balance of payments-
applied to the products in respect of which protective measures had been
notified under paragraph 11 of Article XVIII, and since the measures were
being applied under the provisions of Article XII of the Agreement, it
was not necessary for the CONTRACTING PARTIES to examine and give a
determination concerning the maintenance of the measures under the
provisions of paragraph 12 of Article XVIII, Consequently, the
Working Party did not examine the eligibility of these measures under
Article XVIII. The Working Party also noted that if, and when,
these measures ceased to be applied under Article XII, it would be
open to the Chilean Government to notify the CONTRACTING PARTIES under GATT/CP.3/60
page 5
paragraph 6 of Article XVIII and apply for consideration under
paragraph 7 or 8 of that Article of measures for the purpose of
promoting economic development or reconstruction. At that time.
when considering any measures notified in these circumstances,
the CONTRACTING PARTIES would have regard to all relevant facts.
It would be open to the Chilean Government, at that time, to refer
to the fact that in the past the measures had been maintained
originally for the propose of development, Moreover, the Chilean
Government would be free to apply in accordance with paragraph 6
of Article XVIII in advance of the date at which the measures
ceased to be applied under Article XII. SECTION C: THE MEASURE NOTIFIED BY THE GOVERNMENT OF THE UNITED
KINGDOM IN RESPECT OF MAURITIUS
10. After discussion the Working Party agreed that Mauritius's
import restriction on tea, in respect of which a statement (annex to
GATT/CP.3/1) had been submitted by the United Kingdom, was eligible
for consideration under Article XVIII. Subsequently, however, the
United Kingdom representative stated that the Government of Mauritius,
on the advice of the United Kingdom Government, had decided that the
purpose of the measure could equally well be met by tariff protection,
and that the restriction would be withdrawn, with effect from
1 January 1950, which was the earliest date by which, in view of the
legislative procedure and programme of Mauritius, the tariff rates
could be modified (of GATT/CP.3/32 and Corr.1).
11. The Working Party accepted this statement, and asked the
United Kingdom delegation to convey its thanks to the Mauritius
Government for the action it had taken. In accordance with the
provisions of paragraph 14 of Article XVIII, the Working Party
recommends that the CONTRACTING PARTIES approve the of
the treasure until 1 January 1950 in order to enable the Customs duty
to be modified. GATT/CP.3/60
page 7
SECTION D: THE MEASURE NOTIFIED BY THE GOVERNMENT OF THE UNITED KINGDOM
IN RESPECT OF NORTHERN RHODESIA
12. The Working Party examined the statement (Annex to GATT/CP.3/1)
submitted by the United Kingdom on behalf of Northern Rhodesia in respect
of the import prohibition on "filled" soap (ie. soap with a free fatty
acid content of not less than 45 per cent and not more than 62 per cent.)
13. In considering the eligibility of the measure the Working Party
agreed that:
(a) it had been notified in accordance with paragraph 11 of
Article XVIII, as modified in respect of Northern Rhodesia
by the decision of the CONTRACTING PARTIES at their second
session;
(b) it related to an item on which no obligation had been assumed
by Northern Rhodesia under Article II of the Agreement.
14. The Working Party found some difficulty, however, in determining
that the measure met the criteria of non-discrimination and development,
15. As regards non-discrimination the representative of the United
Kingdom said that the import of "fillede" soap was prohibited only from
the Belgian Congo, and (by a separate agreement between the two governments)
from Southern Rhodesia. But the discrimination was apparent rather than
real since these two countries were the only potential suppliers of the
commodity to Northern Rhodesia. However, the Government of Northern
Rhodesia were prepared to make the measure formally as well as actually
non-discriminatory, if the CONTRACTING PRTIES so desired.
16. It was suggested by some members of the Working Party that the
development aspect of the measure was subordinate to the purpose of
protection against competition front the Belgian Conge. The United
Kingdom representative explained that there had been originally three
purposes for the measure, The first (which was more significant during
the war than at the present time) was to ensure supplies of soap for
Northern Rhodesia. The second was the development of the industry which,
although small, was valuable in view of Northern Rhodesiats need to
diversify her economy, which was far too dependent on the mining industry,
The third reason was the need to protect industry against exports of soap
from the Belgian Congo in view of certain exceptional circumstances. The
export of low-grade palm oil (from which "filled" soap was made) from the
Belgian Congo was prohibited although the Belgian Government permitted its
use for the manufacture of "filled" soap by domestic producers. Northern GATT/CP.3/60.
page 8
Rhodesian manufacturers, not having access to the same cheap raw material,
were unable to compote on equal terms with the Belgian. Congo soap
manufacturers, and the price differential between the products of the
two countries, after allowing for a customs duty of 25 per cent in
Northern Rhodesia, was considerable,
17. The Belgian representative stated that, in view of (1) the present
price of high grade oil, (2) the fact that the Belgian Congo exports raw
materials containing 7.5% of free fatty acid, similar, therefore, to low
grade oil, and (3) the Rhodesian customs duty of 25%, the fact that the
Rhodesian industry was not able to obtain from the Belgian Congo palm oil
with 8.5% free fatty acid content was not sufficient to establish that
this industry could not compete on equal terms with the Congo soap industry
18, The Working Party was informed that on the initiative of the United
Kingdom, the delegations of Belgium and the United Kingdom, during the course
of the present session, discussed the possibility of negotiating an
arrangement to meet the third purpose of the measure referred to in
paragraph 16 above, and that these discussions had no successful results.
Statements by both delegations in relation to those discussions are
contained in letters annexed to the Report (Annex D).
19. The United Kingdom representative stated that., while regretting the
failure to negotiate an arrangement with the Belgian Government, in view
of the doubts expressed about the adequacy of the development aspect
of the measure in terms of Article XVIII the U.K. Government, after
consultation with the Government of Northern Rhodesia, had decided to
withdraw the application. The measure would accordingly be withdrawn and
some other means of protection consistent with the Agreement would be
adopted, Since, however, it was not yet known what form such protection
should most suitably take, it was necessary that the Government of Northern
Rhodesia should have an adequate time to change its arrangements. The
United Kingdom representative therefore asked that a period of nine months
should be allowed for the withdrawal of the measures
20. The Working Party took note of the statement that the measure
would be withdrawn and agreed to recommend to the CONTRACTING PARTIES,
in the light of all the circumstances, that the measure might be
maintained for a period of nine months front the date of a decision by
the CONTRACTING PARTIES. GATT/CP.3/60.
page 9
SECTION E: THE MEASURE NOTIFIED BY THE GOVERNMENT OF CUBA.
21. The Working Party examined the statement submitted by the
Government of Cuba (GATT/CP.3/1/Add.4). A considerable amount of
information was added during the discussion, when oral and written
supplementary statements were presented by the representative of
Cuba. Certain inadequacies appeared in the original statement,
and a revised statement (GATT/CP.3/1/Add.4/Rev.1) was submitted by
the Cuban delegation to the CONTRACTING PARTIES for their consideration.
22. The Working Party noted that the measure consisted of the
fixing of an annual import quota for the fibres of henequen and
sisal (Ex Cuban Customs Tariff Item 129-A "abaca, pita and other
hard fibres, raw or combed") equivalent to the quantity imported
into Cuba in the year 1936 and that each producing country received
an individual quota equal to its share in the import of the product
into Cuba in that representative year.
23, In considering the eligibility of the measure, the Working
Party established that:
(a) the measure was duly notified to the CONTRACTING
PARTIES in accordance with paragraph 11 of
Article XVIII, and
(b) the item was not one in respect of which Cuba had
assumed an obligation under Article II of the Agreement.
24. The Working Party noted that although paragraph 4 of the
Decree of 23 June 1939 provided that the quota should not apply to the
United States, the measure was not discriminatory in its effect,
because the United States had not been a producer of the products in
question. The provision in the Decree was made in accordance with
the terms of the trade agreement between the two countries concerned,
which had been suspended upon the provisional application of the
General Agreement.
25. To eliminate the formal element of discrimination, the Cuban
delegation stated that the Cuban Government would, as soon as possible,
take steps to eliminate the provision from the Decree. The Working
Party, therefore, proceeded to examine the developmental. nature of the
measure. GATT/CP.3/60.
page 10.
26. The Cuban representative brought to the notice of the Working
Party the fact that positive plans had been evolved for the
development of the production of henequen and sisal fibres,
particularly the latter. The objective of these plans was to expand
the production ultimately to 40,000,000 pounds per annum with 20,000
hectares under cultivation, In order to make the industrial products
more competitive in the world market plans have been made to
encourage the increased production of the higher grades of the fibres
and to induce manufacturers to use a larger proportion of these
higher grades, especially sisal, in their production. Moreover,
improvements in the quality of the fibres and in the method of
cultivation had also been undertaken with a view to improving the
markeability of the fibres.
27. The Working Party studied the statistical and other
information presented by the Cuban delegation concerning the future
consumption, export potentialities and the plans for the expansion
of agricultural production. In studying the nature of the measure
in the light of these data, the Working Party recognized that the
development aspect of the measure was sufficiently important to
establish its eligibility under the relevant provisions of Article XVIII.
28. The Cuban representative stated that the application was made
under the provisions of sub-paragraph 8 (b) of the Article for a
release from the obligations under Article XI of the Agreement.
The Working Party considered the application to be in accordance
with the provisions of sub-paragraph 8 (b). As no contracting party
raised an objection to the measure as a party materially affected,
the Working Party concluded that a release, if granted, should be
under sub-paragraph 8 (b) (i) of the Article.
29. The Working Party also discussed with the representative of
Cuba the possibility of adopting a measure permitted under the
Agreement to replace the quantitative restriction on imports. The
Cuban representative stated that the removal of the present measure
could not be undertaken until the branch of agriculture had been
developed to a degree where it would be able to compete in the world
fibre market, and until the effect of a tariff had been sufficiently
studied and tested.. The Cuban representative maintained that in GATT/CP.3/60
page 11
order to sustain the confidence of investors and planters and to
ensure the continued development of the branch of agriculture, the
production should be protected from external competition for a
period of 10 years, during the first part of which the use of a
quantitative restriction would be essential.
30. The Working Party, therefore, in agreement with the
representative of Cuba, recommends that the CONTRACTING PARTIES
grant a release for a period of five years on condition that the
formal discrimination contained in paragraph 4 of Decree No. 1693
of 23 June 1939 be removed by the issue of a new decree as soon as
possible. GATT/CP.3/60
page 12
SECTION F: THE MASURE NOTIFIED BY THE GOVERNMENT OF INDIA.
31. The Working Party examined the statement submitted by the
Government of India (GATT/CP.3/1/Add.2) and took note of the
discussions on the measure at the third meeting of the CONTRACTING
PARTIES (of. GATT/CP.3/SR.3 and Corr.2), The representative of
India also supplied certain supplementary information in response
to requests made by other members of the Working Party.
32. The Working Party noted that the measure involved the
prohibition of imports of grinding wheels and segments (Indian
Tariff Item No. 71(8)) except under licence. However, since the
intention was to restrict the importation of grinding wheels only
of the types, qualities and sizes which could be produced locally,
licenses were granted freely in those cases where the goods to be
imported were of the types, qualities and sizes which were not
produced locally. The measure, therefore, related more precisely
only to Ex Item 71(8): grinding wheels of all types, qualities and
sizes from 1/4" to 36" diameter with the exception of rubber bonded
and diamond wheels.
33. It was also noted that as from 4 December 1948, on the
imposition of a protective tariff duty, import of this product has
been placed on the open general licence, which permits the
unrestricted import of this product into India under duty. The
Working Party first studied the question whether in view of this
action, taken prior to a decision being given by the CONTRACTING
PARTIES, the measure should still be accepted as eligible for
consideration under paragraph 11 of Article XVIII. The representative
of India pointed out that the experiment with tariff protection was
carried out on the recommendation of the Indian Tariff Board with a
view to testing the market conditions and to seeing whether it was
possible to dispense with the measure in the present state of
economic development. The temporary relaxation of the measure was
therefore in full accord with the spirit of the General Agreement.
The Working Party agreed with the representative of India that the
temporary change in the administration of the measure did not
fundamentally affect the status of the measure. In view of the fact GATT/CP.3/60
page 13
that the measure was in force on September 1, 1947, the date
specified in paragraph 11, the Working Party was of the opinion
that it should be examined as an existing measure under the
provisions of the Article.
34. In examining the measure under paragraph 11, the Working
Party established that:
(a) the measure was in force on September 1, 1947 and
notification had been given to the CONTRACTING PARTIES
before October 10, 1947;
(b) the measure was non-discriminatory in nature; and
(c) India had not assumed an obligation under Article II
of the Agreement in respect of grinding wheels.
(d) the purpose of the measure was the development of the
industry
(e) the measure was not otherwise permitted by the
Agreement.
35. The Representative of India requested that the application,
which was for a release from the obligations under Article XI of the
Agreement, be considered under sub-paragraph 7 (a) (i) of Article XVIII,
the Working Party was informed that the grinding wheels industry was
established in March 1939; that during the war abnormal conditions
had deprived the country of supplies from abroad of the product in
question; that in consequence, governmental requirements of the
product were met by the domestic production up to the limit of the
expanding capacity of the industry; and that furthermore, the
Government had encouraged the production by permitting manufacturers
to import synthetic abrasive grains free of customs duty. The
abnormal conditions continued to exist in the post-war period up till
the middle of 1947. At that juncture, market and supply conditions
were so changed as to threaten the existence of the industry, and the
measure was required to assure its continued existence and further
development. In the light of this information the Working Party was
satisfied that the measure fulfilled the conditions of sub-paragraph
7 (a) (i).
36. Sub-paragraph 7 (a) requires the CONTRACTING PARTIES to grant
a release pursuant to its provisions for a specified period. GATT/CP.3/60
page 14
The Working Party heard the views of the representative of India, who
proposed a period of 10 years, and those of other members of the Working
Party, who suggested that a much shorter period would be sufficient in
this instance. The Indian representative stated, in support of his
suggestion, that a release for a long period was needed in order to
assure producers of the domestic market and to induce further investment
for the development, which would help to lower the costs of production
and eventually to make the product competitive on the Indian market
with foreign products. Some members of the Working Party felt, that
the past expansion of the industry from Ill tons per annum in 1943 to
258 tons in 1947, suggested that a much shorter period than that proposed
by the Indian delegation would suffice for the expansion of the industry
to the estimated capacity of 400 to 450 tons per annum, which would be
sufficient to meet the present home demand.
37. On the whole the '-orking Party felt that, at present, when the
restriction was not enforced, the direct effect of the measure on the
industry was not clear and treat the Working Party would not be justified
in recommending a long period of release without more definite information
relating to the likely period required to protect the industry in the
light of the plans for expansion. The representative of India stated
that until there was some assurance that these measures could be utilised
the industry was hesitant in formulating any plans for further expansion
beyond the present plant capacity, The problem before the Working Party
was therefore that on the one hand any period of release that was
recommended could not be based on any positive information concerning
expansion. On the other hand, without the approval of the CONTRACTING
PARTIES to use the measure, if it were required, no expansion would be
contemplated.
38. Moreover, as it was the intention of the Indian Government to
enforce the measure again only in the event that the present protective
tariff should fail to afford the degree of protection needed for the
industry, it was not known at present whether., and when, the measure
would be required for the purpose.
39. The Working arty, after careful consideration and taking into
account all the circumstances, agreed to recomend that: GATT/CP.3/60
page 15
(a) the Government of India be allowed to re-impose the
existing measure on "Ex Item 71 (8): grinding wheels
of all types, qualities and sizes from 1/4" to 36"
diameter with the exception of rubber bonded and
diamond wheels" at any time within three years from
the date of the decision; and
(b) the period for which the measure could be maintained
would be decided by the CONTRACTING PARTIES, in
accordance with paragraph 7 of Article XVIII, at the
first session subsequent to the reimposition of the
measure, in the light of the facts relating to the
industry, established by the Government of India at
that time. GATT/CP.3/60
page 16
SECTION G: THE MEASURES NOTIFIED BY THE GOVERNMENTS OF LEBANON
AND SYRIA
40. The Working Party first examined the statement submitted by the
governments of Lebanon and Syria (GATT/CP.3/1/Add,5) as a whole and
heard an oral statement by the representative of Syria in support of
the measures in general. The Working Party noted that, whilst
control was generally exercised by means of import licences, the
import restrictions differed in degree and in the methods of their
implementation with respect to different items. They involved not
only the fixing of quetas or total import prohibition, but also
monopoly systems In the case of certain products. The Syrian
representative stated that it was from the provisions of Article XI
of the General Agreement that releases were sought under paragraph 12
of Article XVIII, and suggested that in the examination of the
measures the provisions of paragraph 8(b) would be relevant. The
:'c .~nta~::.: 1also stated that the release were sought for a
period of 5 years with respect to all items.
41. The representative of Syria, under instructions from the two
Governments concerned, withdrew a number of items from the notification
under Article XVIII. The Syrian representative informed the Working
Party that, without prejudice to the future right of the Governments
of Lebanon and Syria to apply the measures under paragraph 7 or 8 of
Article XVIII, the import of these items was now being controlled
under Article XII of the Agreement,
42. The Working Part had had for its consideration the list of
products contained in Annex B to GATT/CP.2/38/Rev.1. The following
items remained for its consideration after the withdrawal referred to
above
55 & 59 Oranges, lemons and ; fruits and apples,
71 Sarley
75(a) Wheet floor
122 Sugar
132 . V - . crn t.¢¢ . . :, > n5;t GATT/CP.3/60
page 17
137 to 144 Preserves of vegetables or fruits
449 to 461 Fabrics of pure silk
192 Cement
470 to 492 Fabrics of artificial silk (except 477 and 486a)
518 Raw Cotton
522 to 524 Cotton yarn or thread (except 522 b.4)
527 to 540 Cotton fabrics
580 to 583 Hosiery (except 580 A a and b, and 581 A)
663 to 681 Glass and glass ware
A precise description of these products, together with the tariff item
numbers and descriptions under which these products fall; is contained
in Annex B to this report.
43. The Working Party examined the eligibility of each of these
measures, However, the measures had certain common featured, which
enabled the Working Party to reach the following conclusions with
respect to all of them on the basis of the information submitted:
(a) all the measures existed on 1 September 1947 and notification
had been duly given to the CONTRACTING PARTIES before
10 October 1947 of these measures;
(b) the measures were non-discriminatory in nature;
(c) the measures did not affect any item in respect of which
Lebanon and Syria had assumed an obligation under Article II
of the General Agreement,
44. There has also been circulated to the CONTRACTING PARTIES a
compilation of the information concerning these items (GATT/CP.3,/
WP.2/9) supplied by the delegations of Syria and Lebanon in the course
of the examination of the measures by the Working Party.
45. The considerations of the Working Party on the nature of the
measures and their purposes with particular reference to the
establishment and development aspects, are set out below together
with its final recommendations for each item.
(A) Citrus and other fruits
46. The Working Party noted that the import control on tlhese products
was carried out by means of the withholding of import licences
according to crop conditions and variation in the home demand, It was GATT/CP.3/60
page 18
noted in the statement made by the Syrian representative that a large
scale irrigation programme had been set up before the war by the
government of Lebanon, aiming at increasing the area of land under
cultivation and improving both the quality and the quantity of the
outputs Implementation of the programme, however, had been delayed
by vario 3 circumstances, including those caused by the war.
Furthermore, the inherent high costs of production of such fruits as
apples, pears and quinces due to the type of land used, was further
increased by the rise in labour costs and rendered domestic supply
incapable of competing with imported fruits, which threatened the
branch of agriculture. The government of Lebanon therefore intended
to moderhise the equipment and met od of cultivation with a view to
lowering the costs of production and to developing the branch of
agriculture to the point where it could compete with foreign
products In Syria the same situation obtained, but here the
activities of extending the irrigation system and increasing the
number of plant nurseries and agricultural institutions were
supplemented by the establishment of refrigeration industries.
47. With respect to citrus fruits, the representative of Syria
also pointed out that in the years between 1938 and 1947, the planta-
tions had suffered serious war damage. The military operations
in 1941 took place precisely in that portion of the Lebanese corastal.
area where citrus fruit growing was most flourishing before 1939.
The reconstruction of devastated orchards was therefore one of the
chief factors to be taken into consideration with respect to citrus
fruit production.
48. The Working Party crime to the conclusion that the facts regarding
the development of such fruits in general and the reconstruction of
citrus fruit orchards were sufficient to make the measure eligible
under paragraph 11 of Article XVIII.
49. The Working Party agreed to recommend that a release be granted
under paragraph 12 of Article XVIII for the maintenance of the
measure for a period of five years,
50. The Working Party noted that the control of wheat at the time
of notification took the form of a state monopoly, with the GATT/CP.3/60
page 19
administration in charge of the monopoly fixing the quota for
imports and exports on the basis of the production situation. When
the monopoly was abolished in March 1949, the licensing system
remained in force and became the sole means of effecting the
control, the quotas being now fixed by the Ministry of National
Economy.
51. The representatives of Syria and Lebanon brought to the
attention of the Working Party the developmental features of wheat
production. Specifically, parts of the Jezireh.area were brought
under cultivation and sown to cereals and cotton in 1937, and
development of this area was continued throughout the war with the
adoption of up-to-date methods of cultivation and modern equipment.
1,500 tons of agricultural machinery were shipped to this area alone
in 1948, and the use of chemical fertilizers was gradually promoted.
The Working Party was informed that the decline in the yield in
1947 was due to unfavourable weather conditions and that production
had been considerably greater in 1948 and 1949 although no precise
figures were yet available. A sharp fall in the world price of wheat .
had occurred since the end of the war.
52. The Working Party agreed that the measure was eligible under
paragraph 11, and agreed to recommend that a release be granted
under paragraph 12 of Article XVIII for the maintenance of the
measure for a period of five years.
(C) -Barley
53. The import restriction on barley was effected by means of a
monopoly which was subsequently abolished and superseded by the
use of the licensing system, as In the case of wheat. In examining
this item the Working Party felt that the information presented by.
the delegations concerned was inadequate. The development nature was
not borne out by the figures relating to the area and yield in recent
years, nor has it been completely substantiated by any other
evidence. The Working Party was informed that the decline in the yield
in 1947 was due to unfavourable weather conditions and that
production has been greater in 1948 and 1949. World price of barley
had also fallen considerably since the end of the war. The
representative of Syria stated that the need for the maintenance of
the measure was imperative for the time being and that the lack of GATT/CP.3/60
page 20
substantial information was due to administrative difficulties,
resulting from the abnormal conditions prevailin, in the two
countries.
54. The Working Party considered that a prima facie case only had
been made out in respect of the development aspect of the measure
and felt unable to recommend a release for the five years as
requested. The Working Party accordingly recommends that a
release be granted for the maintenance of the measure for a shorter
period of two years only, on the understanding that it would be open
to the Governments of Lebanon and Syria to make a further
application at the end of that period with the support of more
complete information and in the light of any further progress in the
development of the branch of agriculture at that time. The
representative of Syria agreed to this recommendation.
(D) Wheat Flour
55. The Working Party considered the quantitative restriction on
wheat. flour in conjunction with the measure relating to wheat. It
was the view of the Working Party that, since the measure relating
to wheat had been justified, to make that restriction effective it
would be necessary for the two governments to restrict imports of
wheat flour, as it was felt that the free importation of wheat
flour into the countries concerned would have the same effect on
wheat growing as the unrestricted inflow of the agricultural product
itself. The measure relating to the import restriction on flour was
therefore eligible for consideration because of the development of
Wheat production.
56. The Working Party therefore recommends that a release be granted
under pararaph 12 of Article XVIII for the maintenance of the
measure for a period of five years.
(E) Sugar
57. The Working Party noted that crystallized, loaf and lump sugar
was controlled in Syria by the monopoly law and imported by the
State under contract to be sold on the domestic market at cost price
plus a variable tax. In Lebanon, however, the only formality
required for the import of sugar was an import licence It was
understood that the monopoly system in Syria might be replaced by a GATT/CP.3/60
page 21
quota system in the near future which would not be more restrictive
of imports than the present system.
58. The representative of Syria stated that whereas at the
beginning of the war there had been only one sugar mill, in 1949
there are three sugar mills. The prospects for expansion were
favourable as the present production covered only 30% of domestic
consumption, and since there were vast areas in Syria suitable for
the growing of beet and sugar cane.
59. In view of the expansion and anticipated expansion of the
industry, the Working Party agreed that the measure was eligible under
paragraph 11. The Working Party recommends that a release be granted
under paragraph 12 of Article XVIII for the maintenance of the
measure for a period of five years.
(F) Chocolate and Articles Made of Chocolate
60. The Working Party noted that the industry had been set up after
the first world war. Although there were increases in output of
chocolate in Lebanon, no figures were supplied to indicate expansion
of the industry in Syria. It was not clear that the industry was
particularly suitable for development in these countries or that
much further expansion could be achieved. However, the Working
Party noted that experiments were being made with certain types of
chocolate in two new factories at Beirut and Damascus.
61. The Working Party considered that a prima facie case only had
been made out in respect of the development aspect of the measure, and
felt unable to recommend a release for the proposed five year period.
The Working Party, accordingly, recommends that a release be granted
for a period of two years, on the understanding that it would be open
to the Government of Lebanon and Syria to make a further application
with the support of more complete information and in the light a
further progress in the development of the industry at that time.
This recommendation was agree able to the representative of Syria.
62. The representative of the United States, however, did not
participate in the decision.
(G) Preserves of vegetables and fruits
63. The Working Party was innormed the . , t restriction on the
products of the industry was necessary more for the reconstruction of GATT/CP.3/60
page 22
the industry than for its development. During the last war
development of the industry had been on an exceptional scale owing
to the presence of allied troops in the Middle East and prevailing
difficulties in obtaining supplies from abroad. During the peak
period production had been three times as high as the pre-war level.
Machinery in the industry was overworked while replacement was
impossible and maintenance inadequate. Partly as a result of other
factors increasing the costs of production, post-war production
had fallen considerably below the pre-war level.
64. The situation caused the two Governments in 1946 to intervene
and impose the measure in order to restore production to the
pre-war level. Plans for reconstruction had been adopted and
machinery was being bought from abroad and instilled. It was the
belief of both the Governments concerned that once the re-equipment
of the indudtry was completed, output would be increased and the
costs of production in the industry would be brought down to a
competitive level, thus making the measure unnecessary.
65. In view of the evident need for reconstruction of the
industry, the Working Party agreed that the measure was eligible
under paragraph 11 of Article XVIII. The working Party also took
note of the statement by the representative of Syria that the two
Governments would as soon as practicable replace the measure with
tariff protection. With this understanding, the Working Party
recommends that a release be granted under paragraph 12 of
Article XVIII for the maintenance of the measure for a period of
five years.
(H) Cement
66. The representative of Syria asserted that the industry was being
developed and the measure was necessary to ensure to it an adequate
domestic market, In this connection the Syrian representative referred
to the establishment of a new factory in Aleppo, which was almost
ready to begin production. Capital was also being invested in the
established factories for the renewal of obsolete equipment in order to
raise production. The extensive construction plans of the country
created for the industry a high demand for cement which, but for the
present price and cost differentials, would automatically stimulate
the expansion and promote the development of the industry. In addition GATT/CP.3/60
page 23
to the general inflation and the high costs of living, an important
factor in present costs was the high prices of imported fuel oil
used by the industry. It was anticipated that when new pipe-line
supplies were available locally, these costs would be substantially
reduced.
67. The representative of Syria further stated that the Governments
would remove the quantitative restriction as soon as possible. He
agreed that a period of three years would be acceptable, stating that
the Governments of Lebanon and Syria would remove the measure before
that time if the high costs referred to above had been corrected
within the period, and that, on the other hand, the governments
concerned might apply for a release for continuing the maintenance
of the measure beyond that time, if it should actually appear
necessary.
68. The Working Party agreed to recommend that a release be
granted under paragraph 12 for the maintenance of the measure for a
period of three years
(I) Raw Cotton
69. The representative of Syria stated that cotton production had
been extensively developed in recent years. He referred to the
successful experiments carried out in recent years in the growing
of American and Egyptian varieties on Syrian soil, and to the
expansion of the area under cotton cultivation since the year
1943 -1944. To enable further development the measure was, however,
needed owing to the much lower world market price of cotton.
70. The Syrian representative explained that export of raw cotton
from Syria ard Lebanon had always been insignificant and that the
large cotton exports in 1938 shown in the statistical tables
represented the re-export of imported Egyptian cotton and not export
of Syro-Lebanese production.
71. The Working Party concluded that the import restriction on
cotton was eligible under paragraph 11 and, taking account of the
Syrian need for economic development and the importance of this
crop in Syrian agriculture, recommends that a release be granted
under paragraph 12 for the maintenance of the measure for a period
of five years. GATT/CP.3/60
page 24
(J) Cotton Yarn or Thread
72. The Syrian representative stated that the Cotton Spinning
industry,which was founded in the late nineteen thirties, processed
domestic production of ginned cotton and supplied the raw material
for the textile industry. The production of this key industry had
increased steadlily since its establishment, new spinning mills had
been set up, and the number of spindles had increased considerably
since 1944. Further plans had been recently adopted for expansion
to meet the requirements of the textile industry. The measure was
needed to encourage this development particularly in view of the
present high costs in relation to world prices.
73. The Working Party, having regard to the key position of the
industry in the economy of the applicant contracting parties.
considered that the measure was eligible under paragraph 11 of
Article XVIII. It recommends therefore that a release be granted
under paragraph 12 of Article XVIII for the maintenance of the
measure for a period of five years.
(K) Cotton Textiles
74. The representative of Syria proposed that fabrics of cotton,
silk and artificial silk be considered together since the
industries, though using different raw materials and producing
different products were interrelated and had similar problems.
It was stated that the modern machine weaving industry, as distinct
from handicraft, began in 1927, when power looms were introduced
At present even with the constant expansion of the machine weaving
branch, the modernization of this industry was still in its early
stages. To reduce the price of these fabrics, the Governments had
taken steps to encourage the introduction of more power looms.
It was hoped to increase the number of power looms to 1000 with an
estimated annual production of 1,500 tons of fabrics.
75. The Working Party considered first the cotton textile industry.
In 1948, 3,200 tons of machinery were imported and installed in the
two major factories at Damascus and Aleppo. Production had already
increased considerably in 1946 and 1947, although exact figures were
not yet available, The Syrian representative emphasized the potential
demand in the region for cotton fabrics, and said that the effect of
any industrialization and consequent increase in employment would be
a substantial increase in demand. GATT/CP.3/60
page 25
76. The Working Party agreed that the measure was eligible under
paragraph 11 of the Article. The Working Party recommends that a
release be granted under paragraph 12 for the maintenance of the
measures for a period of five years.
(L) Natural and Artifical Silk Fabrics
77. The majority of the Working Party felt that the statement and
data provided chiefly concerned cotton weaving and did not apply
to silk and artificial silk textile production. It was therefore
suggested that the Working Party recommend that the measure be
withdrawn.
78. However, it Was also felt that the abnormal and difficult
circumstances in Lebanon and Syria had made it impossible to
supply adequate information in support of the measures. Exceptionally,
therefore, the Working Party agreed to recommend that the
CONTRACTING PARTIES defer a decision on these measures until the
fourth session and request the Governments of Syria and Lebanon,
if they wish to maintain the measures, to submit a statement in
support of them at least two months before the date of the opening
of that session.
79. Annex A to the Report contains a draft of a decision giving
effect to this recommendation and that relating to the hosiery
industry, as the CONTRACTING PARTIES are required by paragraph 12
to give a decision not later than 29 July, 1949, in the case of
Lebanon and 30 July, 1949, in the case of Syria. It is proposed that
the CONTRACTING PARTIES adopt this decision which will enable the
decision on the measures under paragraph 12 to be taken at the
fourth session.
(M) Hosiery
80. The Working Party finds a similar absence of information and
accordingly recommends that the CONTRACTING PARTIES defer a decision
on the measure until the fourth session and requests the Governments
of Lebanon and Syria, if they wish to maintain the measure, to submit
a statement in support of it at least two months before the date
of the opening of that session.
81. The decision contained in Annex A also relates to this measure. GATT/CP.3/60
page 26
(N) Glass and Glassware
82. The measure, an import quota, was adopted before 1 September 1947
to foster the development of the glass and glassware industry and had
in effect attracted more investment into the industry A new factory
had recently been constructed, equipped with modern machinery, and
would be ready for production in 1949.
83. The Working Party considered that the measure was eligible under
paragraph 11 of Article XVIII. It recommends accordingly that a
release be granted under paragraph 12 of the Article for the
maintenance of the measure for a period of five years.
General.
84. In considering the measures notified under Article XVIII the
Working Party considered that for the purpose of showing the
exact nature of the measure, the relevant law or administrative
decree should be supplied to the CONTRACTING PARTIES. In this
case the delegations of Lebanon and Syria were unable to supply
these documents. The Working Party, having regard to the special
conditions in those two countries at present, agreed exceptionally
not to insist upon this point. However, in doing so, the Working
Party wishes to make it clear that ordinarily that information would
be regarded as essential. GATT/CP.3/60
page 27
SECTION H: PROCEDURES BETWEEN SESSION AND NEW MEASURES
1. Problem
85. The Working Party considered the problem that arose in connection
with the administration of the provisions of Article XVIII by the
CONTRACTING PARTIES between sessions. This had received preliminary
attention at the second session when the CONTRACTING PARTIES drafted a
questionnaire and a suggested timetable in connection with statements
in support of existing meaures and also suggested a procedure to be
followed in the event of any application being made for the adoption of
new measures,
86. The further delay in the entry into force of the Charter accentuates
this problem and in the absence of the permanent organization of the ITO
which would administer the corresponding articles in the Havana Charter,
the CONTRACTING PARTIES are obliged to improvise ways and means of
administering Article XVIII for a further period.
87. For these reasons, the Working Party considered in detail procedures
that could be followed both in the case of existing measures notified
by acceding governments and in the case of new measures, application for
which may be made by contracting parties.
2. Existing Measures
88. The Working Party has been greatly concerned with the difficulties
which have occurred at the third session in reaching decisions on the
existing measures notified by the present contracting parties, despite
the preliminary consideration of these measures at the first and second
sessions and the establishment of a procedure to be followed after the
close of the second session.
89. In the course of consultation and discussion with the contracting
parties concerned, the Working Party arrived at a more precise
understanding of the type of information necessary before formulating
recommendations to the CONTRACTING PARTIES. Of necessity, the
discussions at Annecy have been experimental but they have demonstrated
the considerable amount of time taken in obtaining sufficient information, GATT/CP.3/60.
page 28
90. On the basis of this experience the Working Party considers
it most desirable for the CONTRACTING PARTIES to adopt a procedure
for the consideration of the measures notified by acceding governments
in order that decisions may be taken on those measures with the least
possible delay after the acceding governments become contracting parties.
91. There are two stages to be considered in connection with these
measures:-
(a) Preparation for Decision. Paragraph 12 of Article XVIII
provides that a statement in support of an existing measure
be submitted by the contracting party notifying the measure.
It is essential that this information be submitted in such a
form that it provides a clear indication of the extent to which
the criteria and conditions of Article XVIII are met.
On the basis of the information that has been sought
at this session and the experience gained during the
examination of existing measures of present contracting
parties, the Working Party considers that there should be
available to those acceding governments which request it
some guidance in the preparation of the statements to be
submitted in support of these measures. This could take
two forms:
(i) A questionnaire listing specific information
relevant to the provisions of the Article, which
would form the basis of the statement in support
of the measure, and
(ii) consultation with the acceding government on the
preparation of that statement.
A draft questionnaire is attached to this report (Annex C).
The Working Party considered that consultation prior
to the preparation of the statement in support of the
measures should help to avoid much of the fact-finding
and investigation work which has occupied so much of the
time of the Working Party at this session. If this were
undertaken in the interval between sessions it would expedite
considerably consideration of the cases by the CONTRACTING
PARTIES. GATT/CP.3/60
page 29
In order to secure as complete a documentation as
possible for consideration by the CONTRACTING PARTIES, the
Working Party considered that the Secretariat should be
authorized to consult with acceding governments upon their
request on the preparation of their supporting statements.
The Working Party considers it desirable and probable
that acceding governments would. wish to avail themselves
of such an opportunity for consultation.
(b) Objections. In the consideration of existing measures the
application of paragraph 7 has first to be examined. If
the measures fall within the criteria set out in that
paragraph the automatic approval of the CONTRACTING PARTIES
is required. However, it is open to any contracting party
to submit for consideration vies relevant to the terms of
paragraph 7(a)(2).
If the measure is considered under the provisions of
paragraph 8 it is necessary for the CONTRACTING PARTIES to
take into account objections from materially effected
contracting parties. Although these objections are not
relevant when the measure is examined under paragraph 7 it
is thought that, in order to expedite consideration of these cases,
it would be desirable between ordinary sessions to call for any
objections without awaiting consideration of the Measures under
paragraph 7. However, any objections would not be considered
unless and until the case was examined under paragraph 8 and would
not be relevant to an examination under the provisions of
paragraph 7.
It was also though that if the CONTRACTING PARTIES were
first to determine the contracting parties materially affected
before inviting objections from them it would in the present
circumstances delay consideration of these measures because such
a determination would require a preliminary meeting of the
CONTRACTING PARTIES. GATT/CP.3/60
page 30
It is therefore proposed that when the statement in
support of the measures has been submitted to the Chairman
of the CONTRACTING PARTIES, it should be circulated to all
contracting parties which should, at least one month prior
to the session at which the measures are to be considered,
forward any objections in terms of Article XVIII to the
Chairman. These objections would be circulated to other
contracting parties for their consideration prior to the
session at which the decision is to be taken.
The CONTRACTING PARTIES on the basis of the objections
would determine the contracting parties materially affected
and any objection from any other contracting party would not
be taken into account for the purpose of paragraph 8(b).
(c) Decision. It was considered by the Working Party that the
interval of time provided in Article XVIII was sufficient
to take decisions on existing measures at an ordinary session
of the CONTRACTING PARTIES. It was thouht that in most cases
a decision could be taken without delay at an early ordinary
session if there had been consultation with the Secretariat on
the preparation of the statement. The investigation and
research work consequently would have been concluded prior to
the meeting of the CONTRACTING PARTIES and there would also
have been circulated any objections by other contracting parties.
3. New Measures
92. Applications may be submitted before the next session in respect
of new measures that otherwise would be contrary to the terms of the
Agreement. The requirements of paragraph 10 of Article XVIII which re-
late to the time-limit within which a decision on any such application
must be given are specific. Consequently, careful attention must be
given to practical means by which the decision on any such application
made between sessions can be given with a minimum of delay.
93. Procedure for new measures was considered, as in the case of
existing measures in stages.
(a) Advance Notice. In the present circumstances, it would be of
great value if as much advance notice as possible could be
given to the Chairman of the CONTRACTING PARTIES of the
intention to apply under paragraph 7 or 8. GATT/CP.3/60
page 31
(b) Consultation. To save time as much information as possible
should be given in the original application. For this
purpose it is recommended that the same facilities for
consultation with the Secretariat should be provided as in
the case of existing measures, to be available on request by
applicant contracting parties. Applicants may wish to avail
themselves of these facilities before submitting a formal
application and in such cases might ask for advice in the
preparation of the application at the same time as advance
notice is given to the Chairman. It would, however, be open
to the contracting party concerned to consult the Secretariat
at any time.
(c) Time Limits. As soon as a formal application is submitted the
time limits provided in paragraph 10 of the Article will begin
to apply. Within 15 days it will be necessary to advise the
applicant within what period a decision will be given. It
is suggested that the CONTRACTING PARTIES should delegate to
the Chairman authority to determine this period. Because of
the special administrative difficulties occurring between
sessions it will generally not be practicable for the Chairman
to determine a period of less than 90 days.
(d) Examination of Applications between Sessions. A careful
examination was made of the means by which a decision on an
application could be given between sessions of the CONTRACTING
PARTIES where it was not practicable to wait until the next
ordinary session. Experience had shown that before a decision
could be taken it would be necessary to have the application
examined by. a working party responsible for determining in a
technical and objective way whether the provisions of the
Article had been fulfilled by the application.
It was felt that for practical convenience a committee of
the CONTRACTING PARTIES could, in the first instance, examine
applications submitted between sessions. Such a committee
would be responsible for making recommendations to the
CONTRACTING PARTIES. GATT/CP.3/60
page 32
Because of the importance of securing uniformity in the
administration of article XVIII, and because of the important
functions carried out by a working party on measures under
Article XVIII, it is recommended that such a committee should
be established at this session, to be convened by the Chairman
as necessary,
It is suggested that this committee consist of not more
than 10 members and that it should be a representative sample
of the CONTRACTING PARTIES.
The committee would be authorized to invite for any
necessary discussion representatives of the applicant government
and any objecting contracting parties.
On receipt of an application in respect of a new measure,
the Chairman of the CONTRACTING PARTIES would convene this
committee at the earliest practicable date.
In the case of an application under the provisions of
paragraph 3(b) or 5, the committee would consider the application
in relation to the provisions of the Article. After asking all
contracting parties whether they consider themselves materially
affected by the proposed measure, the committee would sponsor
negotiations between the applicant contracting party and those
contracting parties which in its judgment were materially
affected. After consultation with interested parties, the
committee would propose a time schedule for the negotiations.
In interested party which gave notice of its intention to appeal
to the CONTRACTING PARTIES against that time schedule would
proceed with the negotiations but would not be bound by the
time table.
In the case of an application under paragraph 7, the
committee would consider whether the criteria of the paragraph
had been fulfilled and if so recommend a period of release.
In cases where the committee decided that the criteria had not
been fulfilled it would be open to the contracting party
concerned to submit a further application under paragraph 8.
In this case the procedures of paragraph 8 would then apply
and the time limits would be effective from the date of the
second application. GATT/CP.3/60 page 33
(e) Objections. Paragraph 8 of the Article provides that
objections shall be invited from contracting parties which
are determined by the CONTRACTING PARTIES to be materially
affected by the proposed measure. In the present circumstances,
however, it was considered that, as in the case of existing
measures, it would delay consideration of the application if
such a determination were made before objections were invited.
It is, therefore, suggested that the Chairman should circulate
copies of any application under paragraph 8 to all contracting
parties which would be asked to submit any objections they
might had within a period to be determined by the Chairman,
In considering an application under paragraph 8 the
intersessional committee would consider whether the contracting
parties which had submitted objections were materially affected
or not and if so would take account of their objections in
reaching a recommendation.
In making this recommendation, the Working Party wished to
draw attention to the fact that the wide circulation of any
such applications among contracting parties would require
special care to be taken to maintain secrecy in accordance with
the provisions of paragraph 2 of the Article.
(f) Decisions. The committee would be responsible for recommending
to the Chairman of the CONTRACTING PARTIES the method by which
its report should be considered and a decision taken by the
CONTRACTING PARTIES. The following possibilities were
considered most likely but it was recognized that the committee
could make recommendations to the Chairman only on the basis of
the circumstances applicable in each instance.
(i) Ordinary session. In general the most practicable
course would be. for the committee, in consultation
with the applicant, to recommend that its report
should be considered at the next scheduled session.
(ii) Post or cable, Some applications might be sufficiently
clearly established, by a unanimous recommendation of the
committee, as not to require debate in the CONTRACTING
PARTIES and in these cases the summoning of a session of
the CONTRACTING PARTIES would not be justified. In such
cases, the CONTRACTING PARTIES could decide upon the
recommendation of the committee by post or cable. GATT/CP.3/60
page 34
(iii) Special session. In urgent cases it might be necessary
for an application to be considered at a special session
of the CONTRACTING PARTIES especially if there were a long
interval before the next scheduled session. In the event
of more than one application being made, it might be
possible for these to be considered at the same special
session.
Conclusion
94. It was suggested that if it is possible adequately to develop the
functions of consultation and guidance by the Secretariat, the tasks of
the inter-sessional committee or working party established during
sessions would be considerably lightened. Eventually, it might be
possible for the CONTRACTING PARTIES, without reference to a working
party to give a decision on the basis of an application prepared after
consultation and discussion with the Secretariat.
95. It is suggested by the Working Party that this report should be
considered solely on the basis of technical experience and requirements.
The problem of providing the facilities should be considered by the
CONTRACTING PARTIES and the Executive Secretary in connection with
related problems arising during the course of this session.
Sunmary
96. The Working Party accordingly recommends that:-
(i) The questionnaire set out in annex C be adopted as listing
information to be submitted by acceding governments that have
notified existing measures and by applicant contracting parties
requesting approval for new measures.
(ii) The Secretariat be authorized, on requests, to consult with
acceding governments and contracting parties on the completion
of the statements in support of existing measures or
application for new measures.
(iii) The Chairman be authorized to determine the period within
which a decision will be given on an application for the
adoption of a now measure under paragraph 7 or 8. GATT/CP.3/60
page 35
(iv) Objections to existing measures or now measures should be
sought by the Chairman immediately on receipt of an
application and a determination as to materially affected
contracting parties should be made after receipt of these
objections.
(v) Decisions in respect of existing measures notified by
acceding governments should be taken at an ordinary session.
(vi) A comittee consisting of not more than ten members, being
a representative simple of the CONTRACTING PARTIES, should
be appointed at this session to consider any applications for
new measures submitted by present contracting parties between
sessions and to make recommendations thereon to the CONTRACTING
PARTIES.
(vii) Decisions in respect of new measures should be taken in
accordance with the procedure recommend by the committee. GATT/CP.3/60
page 36
SECTION I: PROCEDURES UNDER ARTICLE XVIII WITH RESPECT TO MEASURES
PERMITTED BY THE PROTOCOL OF PROVISONAL APPLICATION AND THE ANNECY
PROTOCOL OF ACCESSION
97. At the fourth acting of the CONTRACTING PARTIES the representative
of Pakistan raised the question whether a contracting party need notify
under Article XVIII any measure which, though contrary to the provisions
of Part II of the Agreement, is permitted by the provisions of the
Protocol of Provisional application. At the fourteenth meeting of the
CONTRACTING PARTIES, the representative of Pakistan again raised, in
connection with the statement submitted by the Government of Ceylon, the
question of procedure under Article XVIII, both with respect to noti-
fication and to action by the CONTRACTING PARTIES in those circumstances.
The Working Party was required by its texas of reference to take account
of the points raised in the discussion at these meetings and to report
thereon to the CONTRACTING PARTIES.
98. In considering this subject, the Working Party had the advantage of
the participation of the representative of Pakistan, who also submitted
a written statement setting forth the views of his delegation.
99. The Working Party directed its attention to the question whether a
government is obliged to notify the CONTRACTING PARTIES in accordance with
the provisions of paragraph 6 or 11 of Article XVIII, if the measure in
question is permitted during the period of provisional application by
virtue of sub-paragraph 1(b) of the Protocol of Provisional Application
or sub-paragraph l(a)(ii) or the Annecy Protocol of Terms of accession.
The Working Party agreed that a measure is so permitted provided that the
legislation on which it is based is of a mandatory character, that is, it
imposes on the executive authority requirements which cannot be modified
by executive action. There was disagreement on the question whether the
date on which legislation was existing" in terms of the Protocol of
Provisional Application was the date of the Protocol or the date of
signature of the Protocol by individual governments.
100. The Working Party believed that there is no obligation on the part
of a contracting party to notify a measure permitted by sub-paragraph 1(b)
of the Protocol of Provisional Application or subparagraph 1(a)(ii) of
the Annecy Protocol. On the other hand, the Working Party recognized
that the provisions of Article XVIII should not be denied to a contracting
party simply because the measure in question is permitted under either
Protocol, as such a contracting party should be allowed to ascertain
whether it will be permitted to maintain a measure for economic GATT/CP.3/60
page 37
development during a specified period even if that period extends beyond
the time when the Aagreement enters definitively into force pursuant to
Article XXVI. Further, if a measure existing on the date prescribed
in paragraph 11 were not notified under the provisions of that paragraph,
it could be continued in force after the Agreement entered definitively
into force only if it had been approved by the CONTRACTING PARTIES as a
new measure under paragraph 7 or 8.
101. In addition, even where a release is not requested, there would be
advantages if the contracting party concerned were to inform the
CONTRACTING PARTIES of any existing or new measure,
102. The Working Party therefore concluded that during the period
of provisional application
(1) a contracting party need not notify a measure which is already
exempted by virtue of sub-paragraph 1(b) of the Protocol of
Provisional application or sub-paragraph l(a)(ii) of the
Annecy Protocol;
(2) in case it chooses to notify the measure for the purpose of
obtaining a release under paragraph 7, 8 or 12, as the case may
be, the full procedures and the criteria of the relevant parts
of articlee XVIII would apply as if the Agreement were
definitively in force, However, if as a result of examination
the CONTRACTING PARTIES decide that the measure should be
withdrawn or modified, the contracting party concerned would
nevertheless be free to maintain the measure during the period
of provisional application; and
(3) it would be open to the contracting party to inform the
CONTRACTING PARTIES of any measure for which it was not seeking
a release under paragraph 7, 8 or 12 but which it was imposing
or retaining in accordance with subparagraph l(b) of the
Protocol of Provisional Application or sub-paragraph l(a)(ii)
of the Annecy Protocol.
103. The above conclusions relate both to existing measures under
paragraphs 11 and 12 and to new measures under paragraphs 6, 7 and 8.
However, the Working Party considered that in practice these conclusions
were unlikely to affect new measures because it is improbable that a
future measure would have been required by "existing" legislation. GATT/CP.3/60
page 38
ANNEX A
Decision
The CONTRACTING PARTIES
Exercising the power of waiver under paragraph 5 (a) of
Article XXV of the General Agreement on Tariffs and Trade,
Having noted the statements of the representatives of Lebanon
and Syria regarding the circumstances prevailing in those countries
after the second session of the CONTRACTING PARTIES,
Having regard to the consequent difficulties in the preparation
of statements by the Governments of Lebanon and Syria in support of
measures which had been notified under paragraph 11 of Article XVIII,
Decide that the decision under paragraph 12 of Article XVIII
in respect of the protective measures relating to the following
items notified by the Governments of Lebanon and Syria shall be given
at the fourth session of the CONTRACTING PARTIES, and the measures
may be maintained pending that decision.
Customs tariff item
Fabrics of natural silk, pure
or mixed 449-461
Fabrics of artificial silk,
pure or mixed 470-492 (except 477 and
486 a)
Hosiery 580-583 (except 580 A,
a & b. and 581 A) GATT/CP.3/60
page 39
ANNEX B
LIST OF PRODUCTS COVERED BY MEASURES NOTIFIED
BY THE GOVERNMENTS OF LEBANON AND SYRIA.
I II
Description of products Tariff items under which the
products fall
Oranges, lemons and similar fruits
Apples, pears & quinces
Wheat
Barley
Wheat flour
Sugar
Chocolate and articles made of
chocolate
Preserves of vegetables or fruits
55 - Oranges, lemons and similar
fruits
59 - Apples, pears and quinces
Ex.68 - Wheat, spelt and meslin
71 - Barley
75(a) - Cereal fleurs
122 - Beet sugar, cane sugar and
similar sugars
132 - Chocolate and articles made
of chocolate
137 - Preserved mushrooms and truffles
138 - Preserved tomatoes and tomato
sauces, whether seasoned or not
139 - Other preserved vegetables,
pot-herbs and parts of plants
140 - Preserved fruit, whole, in
quarters or in pieces, with or
without addition of sugar
141 - Fruit, fruit peel, plants or
parts of plants, preserved in
sugar
142 - Jams, fruit jellies, marmalades,
fruit pulp and pastes
143 - Liquid or concentrated fruit
juices, unsweetened
144 - Liquid fruit juices, sweetened,
and syrups for beverages, not
containing alcohol GATT/CP.3/60
page 40
Description of products
.
Cement
Fabrics of pure silk
Fabrics of artificial silk
Tariff items under which the products
fall
192 - Cement, whether ground or not:
(a) Natural or artificial
(d) Magnesium containing not
less than 5% of magnesium
oxide
(e) Other
449 Crepes, including those of hard
twist called "georgette" and
satin crepes weighing per
square metre:
450 - Other fabrics not elsewhere
specified
451 - Ribbons
452 - Velvets and plushes
453 - Crepes
454 - Other fabrics not elsewhere
specified
455 - Tulles and net fabrics
456 - Lace
457 - Trimmings
458 - Embroideries
459 - Carpets
460 - Bolting cloth
461 - Fabrics of floss silk waste
470 - Velvets and plushes
471 - Crêpes
472 - Other fabrics not elsewhere
specified. Close-woven and
loose-woven fabrics (poplins,
muslins and grernadines, voiles,
gauzes, etamines etc.) weighing
per square metre:
473 - Ribbons
474 - Velvets and pushes
475 - Crêpes GATT/CP.3/6O
page 41
Description of products
Fabrics of artificial silk (cont.)
.
Tariff items under which the products
fall
476 - Other fabrics not elsewhere
specified. Close-woven and
looso-weven fabrics (poplins,
muslims), grenadines, voiles,
gauzes, etaminus etc.)
478 - Velvet and plush
479 - Crêes
480 - Other fabrics not elsewhere
specified, Close-woven and
loose-woven fabrics (poplins,
muslins, grenadines, voiles,
gauzes, etasmines etc.)
weighing per square metre:
481 - Ribbons
482 - Velvets and plushes
483 - Crêpes
484 - Other fabrics not elsewhere
specified, Close-woven and
loose-woven fabrics (poplins,
muslins, grendines, voiles,
gauzes, etamines etc.)
485 - Tulles arid net fabrics
486(b) - Lace: mixed with other
textiles
487 - Trimmings
488 - Embroideries
489 - Carpets
490 - Bolting cloth
491 - Metal thread to be used in the
manufacture of fabrics, ribbons,
trimmings and other articles
containing metal thread
combined with yarn for garments,
furnishings and similar uses GATT/CP.3/60
page 42
Description of products
Fabrics of artificial silk (cont.)
Raw cotton
Cotton yarn or thread
Cotton fabrics
Tariff items under which the products
fall
492 - Fabrics, ribbons, trimmings
and other articles of metal
thread or yarn, for garments,
furnishings and similar uses
518 - Raw cotton
522 - Cotton thread or yarn, single,
measuring to the ½ kg,:
(a) unbleached
(b) bleached (1) under 10,000 m.
(2) between 10,000 m. and
25,000 m., (3) over
25,000 m.
(c) dyed, printed or chiné
(d) glazed or mercerized
523 - Cotton thread or yarn, twisted,
with two or more strands,
524 - Cotton thread or yarn, cabled,
525 - Cotton thread or yarn, mixed.
527 - Cotton fabrics, not figured.
528 Cotton fabrics, figured,
528 bis - Cotton fabrics, "job".
529 - Cotton fabrics, mixed.
530 - Cloth of felted cotton for
paper-making and for other
technical purposes.
531 - Gauze-woven and satin-stitched
cotton fabrics,
532 - Cotton blankets (or coverings).
533 - Cotton velvets and plushes,
534 - Cotton carpets.
535 - Cotton ribbons.
536 - Cotton trimmings.
537 - Cotton tulles, ordinary, plains
in pieces, GATT/CP.3/60
page 43
Description of products
Cotton fabrics (cont.)
Hosiery
Glass and glass ware
Tariff items under which the products
fall
538 - Cotton tulles and net fabrics,
figured.
539 - Cotton lace,
540 - Cotton embroideries.
580 - Hosiery of natural silk, pure
or mixed;
A(c) stockings and socks
A(d) articles not specified
B - of natural silk, floss
silk and floss silk
waste mixed with other
textiles.
581 Hosiery of artificial silk or
artificial textiles fibres,
pure or mixed:
B - of artificial silk or
artificial textiles
fibres, mixed.
582 - Hosiery of wool, pure or mixed,
583 - Hosiery of cotton or other
vegetable textile materials,
663 - Cullet, broken glass, crushed
glass,
664 - Glass in the mass; unworked
glass, in bars, rods or tubes,
665 - Glass cast into sheets or plates,
unworked.
666 - Sheet-glass, drawn or blown,
unworked.
667 - Sheet - or plate-glass, worked:
668 - Sheet-glass, tinned, silvered
or coated with platinum;
looking-glasses and mirrors.
669 - Safety-glass and plate-glass
formed of two or more sheets.
I. GATT/CP.3/60
page 44
Description of products
Glass and glass ware (count. )
Tariff items under which the products
fall
670 - Roofing tiles, paving-slabs
or blocks, and facing tiles, in
cast or moulded glass, whether
wired or not,
671 - Carboys, bottles, flasks and
other glass containers for the
transport and preservation of
liquids, empty,
672 - Glass bulbs for electric lamps
and valves.
673 - Illuminating glassware, such
as lamps, chandeliers, shades
and other parts and accessories.
thereof not elsewhere specified
or included.
674 - Special g-assware for laboratory
uses, including objects of
fused quartz.
675 - Blown or pressed glassware not
elsewhere specified or included,
676 - Insulating and other bottles
receptacles such as thermos
flasks, bottles and flasks
encased in leather, felt,
metal etc.
677 - Optical and spectacle glass.
678 - Glass for watches and clocks.
679 - Small glassware (glass beads,
artificial precious stones,
lustre-drops and the like).
679 bis - Spun glass (glass wool).
680 - Articles made of small glassware
not elsewhere specified or
included,
681 - Other articles of glass not
elsewhere specified or included. GATT/CP.3/60
page 45
ANNEX C : QUESTIONNAIRE
RELATING TO STATEMENTS IN SUPPORT OF MEASURES
FOR WHICH A RELEASE IS SOUGHT UNDER ARTICLE XVIII
1. The purpose of the following list of questions is to provide
acceding governments and contracting parties notifying measures under
the terms of Article XVIII with guidance, in the light of experience to
date, regarding the type of information that the Working Party feels to
be either essential or desirable to have before a decision can be made,
The type of information listed under category A is regarded as essential
to the making of a decision, The information noted in category B has
been found to be desirable. If it were available in advance of the
discussion of the application by the CONTRACTING PARTIES, it would be of
assistance in reaching a conclusion.
2, In the report (Section H) to which this questionnaire is attached
recommendations have been made which would authorise the Secretariat, on
the request of an acceding government, or contracting party, to consult
and advise on the preparation of statements in support of the measures.
3. In setting out the items in category A, it is recognized that many
countries have not the administrative technique necessary to provide
definite information under every heading. The inability, as a result of
such difficulties, to supply such information could not by itself be
taken as a failure to supply the statement required under Article XVIII,
but the absence of it would nevertheless hamper the consideration of any
measures,
4. It is not suggested that the list of information is exhaustive or
that it would be appropriate to the circumstances of each case. Whilst
it would be for the applicant contracting parties to determine the way
in which necessary information relevant to the provisions of the Article
will be submitted, it is hoped that this list, together with the
provision offacilities for consultation and advice on the preparation of
statements, will enable applications to be determined expeditiously by
the CONTRACTING PARTIES.
5, References to "industry" should be read, unless otherwise stated,
as referring also to "branch of agriculture" and references to "economic
development" as referring also to "reconstruction", GATT/CP.3/60
page 46
Category A: Information regarded as essential to the making of
a decision by the CONTRACTING PARTIES
(1) The following information is requested with regard to
all measures for tne maintenance or adeption of which
an application is made under any provision of
Article XVIII:
(a) Precise description and the extent of the measure,
the method of its operation, and the provision of
the Agreement from which a release is sought,
(b) Range and type of goods to which the measure
relates including tariff item number and description.
(c) Copies of the relevant legislation or administrative
decree or order under which the measure is
administered.
(d) Preeise description of the preducts of the industry
for the protection or development of which the
measure is intended.
(e) Statistics of quantities ad values over a period of
years showing:
(1) domestic production (in the case of a branch of
agriculture also area planted) of the items
described in (b) and also, unless the figures
are the same, domestic product on of the items
described in (d),
(2) imports of the items described in (b)-by countries
of origin,
(3) exports for the items referred to in (1) above
by countries of destinction.
(f) Tariff and other protection enjoyed : the nature and
extent of such protection, teh period for which these
protective measures have been in force and the effect
which they have had on teh establishement or development
of the industry:
(g) Reasons for the selection of the proposed measures in
preference to other measures permitted by the GATT
such as tariff protectation or a subsidy
(h) Information and frocast about the future development
of the industry, including for example expected levels GATT/CP.3/60
page 47
of production, and the possibility of its becoming
independent of the measure:
(i) Price of imported and domestic product at the
principal market or markets;
(2) The following additional data should be submitted with
applications under the paragraphs of Article XVIII
indicated below:
paragraph 7 (a) (i)
(j) The date of establishment of the industry;
(k) The type of protection during the period between
January 1, 1939 and March 24, 1948, resulting
from abnormal conditions arising out of the war;
Paragraph 7 (a) (ii)
(1) The indigenous primary commodity which is being
processed;
(m) Statistics of exports of the primary commodity;
(n) Details of the new increased restrictions imposed
abroad;
Category B: Supplementary information relating to the industry
which is to be developed
(o) Number and location of enterprises or firms;
(p) Numbers employed;
(q) Average level of wages paid to employees;
(r) Capital investment;
(s) Net profits or losses;
(t) Cost of transport and distribution of imported
product from place of entry to principal market
or markets;
(u) Informaticn relating to the domestic consumption
of the product;
(v) Total working population of the country by
principal occupations; GATT/CP.3/60 page 43.
ANNEX D.
Statements referred to in paragraph 18 of the Report
(1) Letter from the Head of the United Kingdom delegation
to the Chairman of Working Party 2,
30 July, 1949.
Dear Mr. Hewitt,
With reference to paragraph 18 of the report of Working Party No.2
on Article XVIII concerning the application in respect of the Northern
Rhodesian import prohibition on "filled" soap, it may be worth recording
something of our discussions with the Belgian Delegation which preceded
our withdrawal of this applications
On May 10th, on the initiative of the United Kingdom Delegation,
an informal discussion took place in the course of which we proposed to
the Belgian Delegation that some arrangement might be negotiated
between Northern Rhodesia and the Belgian Congo to meet the difficulty
to which reference is made in paragraph 16 of the report arising out of
the prohibition on the export of lotw-grade palm oil from the Belgian
Congo. We suggested a possible arrangement might be that the import
prohibition in Northern Rhodesia would be removed; the Belgian Congo
would lift the export prohibition on palm oil to the extent that a
specified quantity of palm oil would be made available to Northern
Rhodesia (subject to certain safeguards about re-export); the quantity
and price would be subject to negotiation, but the general intention was
that the quantity would be sufficient to enable Northern Rhodesia to
manufacture a part of her requirements of "filled" soap but which would
leave a gap to be filled by Belgian Congo suppliers of soap. It was
recognised that any such arrangement would have to be considered at
greater length; for instance to ensure that it was in conformity with
the General Agreement, and that detailed negotiations would have to take
place subsequently between Northern Rhodesia and the Belgian Congo. It
was agreed, however, that the delegations concerned should put to their
respective Governments a proposal on these lines as a possible basis for
negotiation. The Northern Rhodesian Government, after consultation, would
have been prepared to negotiate an agreement generally on these
C.L. Hewitt, Esq.,
Chairman of Working Party 2. GATT/CP.3/60
lines. However, on 4th July we learned from the Belgian Delegation
that the Belgian Government was unwilling to proceed on this basis.
Consequently no details were discussed and there was no further tune to
consider any alternative proposition. In any case it seemed clear that
the Belgian Government was not prepared to negotiate on these or any
other lines.
I should emphasize there was no intention to make the withdrawal of
the application conditional nn these bilateral discussions with the
Belgian. Delegation. Had it been possible to reach an agreement in
principle with the Belgian Delegation it would have made it easier for
the Northern Rhodesian Government to remove the import prohibition. As
it is, however, the application has been withdrawn for reasons stated
in the Working Party's report.
I should be grateful if, in accordance with the agreement reached
in the Working Party, you would have this letter annexed to the Working
Party's report,
Yours sincerely,
(Signed) R.J. SHACKLE,
(2) Letter from the Head of the Belgian delegation
to the Chairman of Working Party 2. (original: French)
30 July 1949.
Sir,
I have the honour herein to give some clarification as to the
scope of the private negotiations that took place in Annecy between the
United Kingdom and Belgian delegations with respect to the Rhodesian
measure prohibiting the import of "filled" soap from the Belgian Congo,
In its letter of 25 February (document GATT/CP.3/4/Add.2), the
Belgian Government requested the withdrawal of the said measure; which
in its opinion did not come under the provisions of Article XVIII,
Subsequent to the first discussion that took place in Working
Party 3 at Annecy, the Belgian delegation accepted to submit to its
Government a draft arrangement that could have met the wishes of the
British delegation. page 50.
Such an arrangement was meant on the one hand to enable the
Rhodesian industry to obtain low-grade palm oil with an 8.5% free fatty
acid content, and on the other to allow the importation into Rhodesia of
a quantity of Congolese "filled" soap manufactured from low-grade palm
oil.
The Belgian Government did not deam that it could accept such an
arrangement for various reasons.
(1) The policy followed in the Belgian Congo aims at improving the
quality of Congolese oil for reasons of economic soundness and on
account of the anxiety indirectly to improve the standard of living of
the native population. If the export of low-grade palm oil had been
authorised, such a measure would have encouraged the manufacture of this
product to the detriment of high-grade oil production.
Such non-discriminatory effort prohibition (which also applies to
the metropolitan territory) conforms in any case to the provisions of
Article XI, 2(b).
(2) A derogation in favour of Rhodesia would have constituted
both:
(a) a precedent which other countries might have wished to
invoke and which in the long run would hare vitiated the
policy followed in the Belgian Congo;
(b) an impairment of the principle of non-discrimination that
would have been contrary to the provisions of paragraph 1 of
Article XIII of the General Agreement.
(3) The arguments adduced in support of the need for the Rhodesian
soap industry to be protected against the competition of the Belgian
Congo therefore appeared clearly inadequate.
Indeed:
(a) Since 1947, the Belgian Government has; for the reasons
stated in (1) above, also prohibited the export of soap
made from low-grade oil; there is therefore at present no
such competition as the one that has been referred to.
(b) On account of new developments on the international
market, the export price of high-grade palm oil has now
come up to the level of corresponding prices obtainign
within the Belgian Congo, Therefore, the reason why the GATT/CP.3/60
page 51.
Rhodesian industry wished to obtain low-grade oil has
ceased to exist.
(c) The Belgian Congo exports everywhere "soapstoaks" with
7.5% free fatty acid content. If it used this raw
material the Rhodesian soap industry could favourably
compete with the Congolese industry and could even
dispense with tariff protection.
(d) The General Agreement provides further possibilities for
protection such as tariff protection (which in the case
of soap already exists: 25%).
(4) As regards the desire to diversify Rhodesian production, the
attempt to develop an industry that does not find on the spot the
necessary raw material seems hardly to conform to the concept of
economic development.
Such are, Sir, the reasons why the ,Belgian Government did not
deem that it could accept the proposal submitted to it.
At any rate, the Belgian Government believes it is fully entitled
to maintain its request for the withdrawal of a measure which, in its
opinion, is not eligible under Article XVIII, and the withdrawal of
which was in no way subject to the acceptance of the arrangement
proposed,
I beg to remain, etc.
(Signed) FRANCOIS NYS
Mr. C.L. Hewitt,
Chairman of Working Party 2. |
GATT Library | dq378rc8198 | Fourth report of working party 2 on Article XVIII (Revised) : As approved by the contracting parties | General Agreement on Tariffs and Trade, August 11, 1949 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 11/08/1949 | official documents | GATT/CP.3/60/Rev.1 and GATT/CP.3/60/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/dq378rc8198 | dq378rc8198_90320267.xml | GATT_143 | 14,620 | 93,082 | RESTRICTED
GENERAL AGREEMENT ACCORD GENERAL SUR LIMITED B
ON TARIFFS AND LES TARIFS DOUANIERS GATT/CP.3/60/Rev.1
TRADE ET LE COMMERCE 11 August 1949
ORIGINAL: ENGLISH
CONTRACTING PARTiES
Third Session
FOURTH REPORT OF WORKING PARTY 2 ON ARTICLE XVIII (REVISED)
As approved by the CONTRACTING PARTIES
1. Working Party 2 on Article XVIII was appointed at the fourth
meeting of the Session on 14 April 1949, and was given the following
terms of reference:
"(a) to examine the statements submitted by contracting parties
in support of measures notified under paragraph 11 of
Article XVIII and the objections to these measures lodged by
contracting parties which consider their interests to be
affected;
(b) to take account of the points raised in the discussions
at this session;
(c) to report thereon to the CONTRACTING PARTIES."
At the fourteenth meeting the application of Ceylon for the adoption
of new measures under paragraph 7 of Article XVIII was referred to the
Working Party and this is still under consideration.
2. The Working Party consisted of representatives of Australia,
Canada, Chile, Cuba, France, India, the Netherlands, Syria, the
United Kingdon and the United States, under the chairmanship of
Mr. C.L. HEWITT (Austrnlia). Representatives of Belgium, Ceylon,
Lebanon and Pakistan attended meetings and, by invitation, took part
in the discussions when matters of interest to them were considered.
Observers from other delegations, including those of acceding
governments, were also present at a number of meetings.
3. The Working Party has held 53 meetings and has submitted three
interim reports on matters which called for urgentconsideration by
the CONTRACTING PARTIES, .namely:
1. The Report on Notification by Acceding Governments
(GATT/CP.3/21).
1. (GATT/CP.3/SR.39 and 40) GATT/CP.3/60/Rev.1
page 2
2. The Report on Extension of the Last Dates for Submission
of Statements and Lodging of Objections (GATT/CP.3/29 & Corr.1).
3. The Report on the Date of Decision on the Ceylon Application
(GATT/CP.3/36).
The Working Party also submitted to the CONTRACTING PARTIES and
circulated to acceding governments a memorandum of guidance for
notification of existing measures under paragraph 11 of Article XVIII
(GATT/CP.3/34).
4. This Report deals with other matters which were referred to the
Working Party, but not with the Ceylon application.
5. The following sections of the report deal separately with the
measures notified by present contracting parties under paragraph 11.
of Article XVIII (Sections A to G); procedures between sessions for
existing and new measures (Section H); and procedures under Article
XVIII with respect to measures permitted by the Protocols of Provisional
Application and Ascession (Section I). Appended to the Report are a
formal decision which the Working Party recommends be adopted, and
annexes which are referred to in the text of the report. GATT/CP.3/60/Rev. 1
page 3
SECTION A: THE MEASURES NOTIFIED BY THE GOVERNMENT OF THE NETHERLNDS
IN RESPECT OF INDONESIA
6. The Working Party considered the telegram of 31 December 1948
from the Netherlands Government to the Chairman of the CONTRACTING
PARTIES (GATT/CP.3/1/Add.1) and the statement by the Netherlands.
representative at the third meeting of the CONTRACTING PARTIES
concerning the measures notified by that Government in respect of
Indonesia.
7. The Working Party took note of the withdrawal of the
notification, and agreed with the representative of the Netherlands
that if and when the measures ceased to be applied under Article
XII, it would be open to the Netherlands Government to apply to the
CONTRACTING PARTIES for consideration of these measures under the
provisions of Article XVIII relating to new measures. GATT/CP.3/60/Rev.1
page 4
SECTION B: THE MEASURES NOTIFIED BY THE GOVERNMENT OF CHILE
8. The Working Party considered the statement submitted by the
Government of Chile (GATT/CP.3/1/Add.3) end a further oral statement
made by the representative of Chile. The Working Party noted the
statement of the representative of Chile that:
(a) the measures notified under paragraph 11 of Article XVIII
were mostly proclaimed by decisions or decrees during the war,
particularly towards its close, manifestly for the establish-
ment and development of domestic industries and branches of
agriculture. The protective measures consisted of
(i) the fixing. of import quotas, and
(ii) the withholding of import licences;
(b) in recent years, measures to safeguard the balance of
payments, which first had been applied long before the
institution of the protective measures, had been extended and
there was now a complete control over the products which were
permitted to be imported; and
(c) consequently, all measures previously adopted for the
protection of domestic industry had been suspended and were
superseded in operation by measures taken to safeguard the
balance of payments.
9. It was the opinion of the Working Party that since the measures
currently in force in Chile for the safeguard of the balance of payments
applied to the products in respect of which protective measures had been
notified under paragraph 11 of Article XVIII, and since the measures were
heing applied under the provisions of Article XII of the Agreement, it
was not necessary for the CONRALCTING PARTIES to examine and give a
determination concerning the maintenance of the measures under the
provisions of paragraph 12 of Article XVIII. Consequently, the
Working Party did not examine the eligibility of these measures under
Article XVIII. The Working Party also noted that if, and when,
these measures ceased to be aspplied under Article VTT it would be
open to the Chilean Government io notify the CONTRACTING PARTIES under GATT/CP.3/60/Rev.1
page 5
paragraph 6 of Article XVIII and apply for consideration under
paragraph 7 or 8 of that Article of measures for the purpose of
proving nlopment or reconstruction. At that time,
when considering any measures notified in these-circumstances,
the CONTRACTING PARTIES would have regard to all relevant facts..
It would be open to the Chilean Government, at that time, to refer
to the fact that in the past the measures had been maintained
originally for the - - of development. Moreover, the Chilean
Government would be free to apply in accordance with paragraph 6
of Article XVIII in advance of the date at which the measures
ceased to be --4im unrl-r Article XII. GATT/CP.3/60/Rev.1
page 6
SECTION C: THE NEASURE NOTIFIED BY THE GOVERNMENT OF THE UNITED
KINGDOM IN RESPECT OF MAURITIUS
10. After discussion the Working Party agro.:;d that Mauritius's
import restriction on tea, in respect of which a statement (annex to
GATT/CP.3/1) had been submitted by the United. Kingdom, was eligible
for consideration under Article XVIII. Sub3equently, however, the
United Kingdom representative stated that the Government of Mauritius,
on the advice of the United Kingdom Government, had decided that the
purpose of the measure could equally well be met by tariff protection,
and that the restriction would be withdrawn, with effect from
1. January 1950, which was the earliest date by which, in view of the
legislative procedure and programme of Mauritius, the tariff rates
could be modified (of. GATT/CP,31/32 and Corr.1).
11. The Workilng Party accepted this statement, and asked the
United kingdom delegation to convey its thanks to the Mauritius
Government for the action it had take. .In accordance with the
provisions of paragraph 14 of ^rie XVIIII, the Working Party
recommends that the CONTRACTING PARTIES approve the maintenance of
the measure until 1 January 1950 in order to able the Customs duty
to be modified. CATT/CP.3/60/Rev.1
page 7
SECTION D: THE MEASURE NOTIFIED BY THE GOVERNMENT OF THE UNITED KINGDOM
IN RESPECT OF NORTHERN RHODESIA
12. The Working Party examined the statement (Annex to GATT/CT.3/1
submitted by the United Kingdom on behalf of Northern Rnodesia in respect
of Uhe import prohibition on "filled''soap (i.ap soap with a free fatty
acid content of not less than 45 per cent. and not more than 62 par cent..)
13. In considering the elifgibility of the measure the Working Party
agreed that
(a) it had been notified. in accordance with paragraph 11 of
'rtlcl.e .JiVCL, ae aocdified i respec' of Northern i-|hoclesia
by the decision o, the CONTRACTING PRARTEIES at their second
session.
(b) it related. to ai± iie: on whi:cLh no oJli,-gatioii '6ad boeen assumed
by Noxilem Rhodesia tinde.' Artic"e, I' oSf the Arrc:,10
14,, The Working Part)r found. -Zo:e cti fi.culty, hov;evai% ½ l- t :"iiri
that the rns1a.:asre met th-, Cvit>.a of 2On-dizririofat .Ot c!.nd t-Telo; men±t,
.5., As reaycrds non-di.scririation the reproseL Lttjve t):L t4e Iti(:Tcd
Kindom said that the dinmort of "filled'i so--:) w. prohibit c c nly from .
the Belgian Congo, and (by a separate reer.terit between tho two governrments)
from Souithern Rhodo:la. But the C. recizmination war, ajparp!nt rather than
real since these two countries ware the onlrzy potential su-pJ..i cn's cf the
commodity to Northern Rhodesia, RiowseVe', the Coorr~ae. of i~ort;;orn
Rhodesia were prepared to rnak'e: the6 :%asuxre foril JL.y as wcll T act;.atLly
non-discrininatry, if the COU'L20J..CTLNG ?ARTIES so desi red
16. It was suggested by somieO rmembers of the Working -Part..y that the
development aspect of the rmeasu.oe w,.s subordTnatso tn the Purpose, of
rrotact`.on atiairst for:t4t. ifi: r'o 3 the Eclgia't, on -o -h ui.t h,.
Kingdom r-prescntative eso2.ir r' that thoro 1nad beon o n'iginaLLy t3±r ,e
.urnosos. for tlhe mSuroe Thr- first (which was more sir.;ifi,.'an` 4urinc,
trae war- than at te : W,) w-a%; to ensure tu.nIis o: sce: f..
Northern, Rhodesia. Thre3 second .wras the devveJ.lo,,n- of> the; : iLnuu y hm:.
<hourrh small, ars valiJ.l1Y7 e iL niel ef Yortherir Rhodes-.aaT s rned to
J verssify her econory,, -hfic:ni was far too depen-dent ,-I ,he--2.n -r , r.:u. ,-n.-
The third reason was tho need ts prQtect industry agnsTIr, El:,. ts of 3oa?
from the Belgian Congo -i.n wiew of certain exceptional circurstanceso The
expor- of low--,rade palm oil (from which 'ifillc-c." soap was made) fro:7 the
Belgian Congo wa!s prohi1,it' . '1 thot,, the Belgian Governiatnt pcrrmittod 4 ts
uL.e for the manufacture of filledle" soap by domestic prodcrc-^r-, Northe.-x GATT/CP.3/60/Rev .1
page 8
Rhodesian manufacturers, not having access to the seme cheap raw material
were unable to compete on equal terms with the Belgian Conp soap
manufacturers, and the price differential between the products of the
two countries, aftter allowing for a customs duty of 25 per cent in
Northern Rhodesia, was considerable.
17. The Belgian representative stated that, in view of (1) the present
^fh~igh grade oil, (2) the fact that the Boelgian Congo exportss raw
materials containing 7.5 % of free fatty acid, similar, therefore, to low
grade oil, and (3) the Rhodesian customs duty of 25%, the fact that the
Rhodesian industry was not able to obtain from the Belgian Congo palm oil
with 8.5% free fatty acid content was not sufficient to estatlish that
this industry could not compete on equal te.-is with the Congo soap iru:t>,:
18, The Working Party was informed that on the initiative of the United
Kingdom, the delegations of Belgium and the United Kingdom, during the cou
of the present session, discussed the possibility cf negotiatin, an
arrangemeent to meet the third purpose of the measure referred to in
paragraph 16 above, and that these discussiors had no successful results.
Statements by both delegations in relation to those discussions are
contained in letters annexed to the Report (Annex D).
19. The Unitezd Kingdom representative stated that, while regretting the
failure to negotiate an arran-e;:.^nt with the Belgian Govrnaent, in 7i ew
of the doubts expressed about the adoqucy of the dovelopment aspect of th
_'^.; - in tcr.m, of _rticl.o XVIIT th. 7imito. T . G& . ._ (j after
consultation with the Government of Northern Rhodesia, had decided to
withdraw the application. The measure would accordingly be writhdranm and
some other mcois of protection consistent with thu Agreement would be
adopted, Since, however, it was not yet known what form such protection
should most suitably take, it was necessary that the Government of Northern
Rhodesia should have an adequate time to change its arrangements. The
United Kingdom representative therefore asked that a period of nine months
should be allowed for the withdrawal of the measure.
20. The Working Party took note of the statement that the measure
would be withdrawn and agreed to recommend to the CONTRACTING PARTIES,
in the light of all the circumstances, that the measure might be
maintained for a period of nine months from the date of a decision by
the CONTRACTING PARTIES. page 9
SECTION E: THE MEASURE NOTIFIED BY THE GOVERNMENT OF CUBA.
21. The Working Party examined the statement submitted by the
Government of Cuba (GATT/CP.3/1/Add.4). A considerable amount of
information was added during the discussion, when oral and written
supplementary statements were presented by the representative of
Cuba. Certain inadequacies appeared in the original statement,
and a revised statement (GATT/CP.3/1/Add.4/Rev.1) was submitted by
the Cuban delegation to, the CONTRACTING PARTIES for their consideration.
22. The Working Party noted that the measure consisted of the
fixing of an annual import quota for the fibres of henequen and
sisal (Ex Cuban Customs Tariff Iteem 129-A "abaca, pita and other
hard fibres, raw or combed") equivalent to the quantity imported
into Cuba in the year 1936 and that each producing country received
an individual quota equal to its share in the import of the product
into Cuba in that representative year.
23. In considering the eligibility of the measure, the Working
Party established that:
(a) the measure was duly notified to the CONTRACTING
PARTIES in accordance with paragraph 11 .f
Article XVIII, and
(b) the item was not one in respect of which Cuba had
assumed an obligation under Article II of the Agreement.
24. The Working Party noted that although paragraph 4 of the
Decree of 23 June 1939 provided that the quota should not apply to the
United States, the measure was not discriminatory in its effect,
because the Unitod States had not been a producer of the products in
question. The provision in the Decree was made in accordance with
the terms of the trade agreement between the two countries concerned,
which had been suspended upon the provisional application of the
General Agreement.
25. To eliminate the formal element of discrimination, the Cuban
delegation stated that the Cuban Government would, as soon as possible,
take steps to eliminate the provision from the Decree. The Working
Party, therefore, proceeded to examine the developmental nature of the
measure. GATT/CP.3/60/Rev.1
page 10
26. The Cuban representative brought to the notice of the Working
Party the fact that positive plans had been evolved for the
development of the production of henequen and sisal fibres,
particularly the latter. The objective of these plans was to expand
the production ultimately to 40,000,000 pounds per annum with 20,000
hectares under cultivation, In order to make the industrial products
more competitive in the world market plans have been made to
encourage the increased production of the higher grades of the fibres
and to induce manufacturers to use a larger proportion of these
higher grades, especially sisal, in their production. Moreover,
improvements in the quality of the fibres and in the method of
cultivation had also been undertaken with a view to improving the
marketability of the fibres.
27. The Working Party studied the statistical and other
information presented by the Cuban delegation coriceming the future
consumption, export potentialities and the plans for the expansion
of agricultural production. In studying the nature of the measure
in the light of these data, the Working Party recognized that the
development aspect of the measure was sufficiently important to
establish its eligibility under the relevant provisions of Article XVIII.
28. The Cuban representative stated that the application was made
under the provisions of sub-paragraph 8 (b) of the Article for a
release from the obligations under Article XI of the Agreement.
The Working Party consider_' L. .pj'ic.iion to be in accordance
with the provisions of sub-paragraph 8 (b). As no contracting party
raised an objection to the measure as a party materially affected,
the Working Party concluded that a release, if granted, should be
under sub-paragraph 8 (b) (i) of the Article.
29. The Working Party also discussed with the representative of
Cuba the possibility of adopting a measure permitted under the
Agreement to replace the quantitative restriction on imports. The
Cuban rep: esentative stated that the removal of the present measure
could not be undertaken until the branch of agriculture had been
developed to a degree where it would be able to compete in the world
fibre market, and until the effect of a tariff had been sufficiently
studied and tested. The Cuban representative maintained that in GAT/CP.3/60/Rev .1
order to sustain the confidence of investors and planters and to
ensure the continued devrelopment of the branch of agriculture, the
production should be protected from external competition for a
period of 10 years, during the first part of which the use of a
quantitative restriction would be essential.
30. The Working Party, therefore, in agreement with the represerrtative
of Cuba, reconrards that the CONTRACTING PARTIES grant a release under
thb provisions of Article XVIII for a period of five years on condition
that the formal discrimination contained in paragraph 4 of Decreo No.
1693 of 23 June 1939 be removed by the issue of a new decree as coon
as possible. GATT/CP .3/60 /Rov. 1
page 1
SECTION F: THE MEASURE NOTIFIED BY THE GOVERNMENT OF INDIA.
31. The Working Party examined the statement submitted by the
Government of India (GATT/CP.3/1/Add.2) and took note of the
discussions on the measure at the third meeting of the CONTRACTING
PARTIES (cf . GATT/CP.3/SR.3 and Corr.2). The representative of
India also supplied certain supplementary information in response
to requests made by other members of the Working Party.
32. The Working Party noted that the measure involved the
prohibition of imports of grinding wheels and segments (Indian
Tariff Item No, 71(8)) except under licence. However, since the
intention was to restrict the importation of grinding wheels only
of the types, qualities and sizes which could be produced locally,
licenses were granted freely in those cases where the goods to be
imported were of the types, qualities and sizes which were not
produced locally. The measure, therefore, related more precisely
only to Ex Item 71(8): grinding wheels of all types, qualities and
sizes from 1/4" to 36" diameter with the exception of rubber bonded
and diamond wheels.
33. It was also noted that as from 4 December 1948, on the
imposition of a protective tariff duty, import of this product has
been placed on the open general licence, which permits the
unrestricted import of this product into India under duty. The
Working Party first studied the question whether in view of this
action, taken prior to a decision being given by the CONTRACTING
PARTIES, the measure should still be accepted as eligible for
consideration under paragraph 11 of Article XVIII. The representative
of India pointed out that the experiment with tariff protection was
carried out on the recommendation of the Indian Tariff Board with a
view to testing the market conditions and to seeing whether 'it was
possible to dispense with the measure in the present state of
economic development. The temporary relaxation of the measure was
therefore in full accord with the spirit of the General Agreement.
The Working Party agreed with the representative of India that the
temporary change in the administration of the measure did not
fundamentally affect the status of the measure: In view of the fact GATT/CP .3/60/Rev. 1
page 13
that the measure was in force on September 1, 1947, the date
specified in paragraph 11, the Working Farty was of the opinion
that it should be examined as an existing measure under the
provisions of the Article.
34. In examining the measure under paragraph 11, the Working
Party established that:
(a) the measure was in force on September 1, 1947 and
notification had been given to the CONTRACTING PARTIES
before October 10, 1947;
(b) the measure was nondiscriminatory in nature; and
(c) India had not assumed an obligation under Acrticle II
of the Agreement in respect of grinding wheels.
(d) the purpose of the measure was the development of the
industry
(e) the measure was not otherwise permitted by the
Agreement.
35. The Representative of India requested that the application,
which was for a release from the obligations under Article XI of the
Agreement, be considered under sub-paragraph 7 (a) (i) of Article XVIII,
the Working Party was informed that the grinding wheels industry was
established in March 1939; that during the war abnormal conditions
had deprived the country of supplies from abroad of the product in
question; that in consequence, governmental requirements of the
product were met by the dir..tL jrzuction up to the Linii, of the
expanding capacity of the industry; and that furthermore, the
Government had encouraged the production by permitting manufacturers
to import synthetic abrasive grains free of customs duty. The
abnormal conditions continued to exist in the post-war period up till
the middle of 1947. At that juncture, market and supply conditions
were so changed as to threaten the existence of the industry, and the
measure was required to assure its continued existence and further
development. In the light of this information the Working Party was
satisfied that the measure fulfilled the conditions of sub-paragraph
7 (a) (i).
36. Sub-paragraph 7 (a) requires the CONTRACTING PARTIES to grant
a release pursuant to its provisions for a specified period. GATT/CP.3/60/Rev.1
page 14
The Working Party heard the views of the representative of India, who
proposed a period of 10 years, and those of other members of the Working
Party, who sugzested that a much shorter period would be sufficient in.
this instance. The Indian representative stated, in support of his
suggestion, that a release for a long period was needed in order to
assure producers of the domestic market and to induce further investment
for the development, which would help to lower the costs of production
and eventually to make the product competitive on the Indian market
with foreign products. Soiae members of the Working Party felt, that
the past expansion of the industry from 111 tons per annum in 1943 to
258 tons in 1947, suggested that a much shorter period than that proposed
by the Indian delegation would suffice for the expansion of the industry
to the estimated capacity of 400 to 450 tons per annum, which would be
sufficient to meet the present home demand, and that in any case the use
of. an import prohibition up to the stage where the industry was capable
of supplying the whole home demand was not necessarily justified.
37. On the whole the Working Party felt that, at present, when the
restriction was not enforced, the direct effect of the measure on the
industry was not clear and that the Working Party would not be justified
in recommending a long period of release without Lore definite information
relating to the likely period required to protect the industry in the
light of the plans for expansion, The representative of India stated
that until there was some assurance that these Measures could be utilisad
the industry was hesitant in formulating any plans for further expansion
beyond the present plant capacity. The problem before the Working Party
was therefore that on the one hand any period of release that was
recommended could not be based on any positive information concerning
expansion. On the other hand, without the approval of the CONTRACTING
PARTIES to use the iteasure, if it were required, no expansion would be
contemplated.
38. Moreover, as it was the intention of the Indian Government to
enforce the measure again only in the event that the present protective
tariff should fail to afford the degree of protection needed for the
industry, it was not known at present whether, and when, the measure
would be required for the purpose.
39. The Working Party, after careful consideration and taking into
account all the circumstances, agreed to recommend that: GATT/CP. 3/60/Rev.1
page 15
(a) the Government of India be allowed to re-impose the
existing measure on "Ex Item 71 (8): grinding wheels
of all types, qualities and sizes from 1/4" to 36"
diameter with the exception of rubber bonded and
diamond wheels" at any time within three years frora
the date of the decision; and
(b) the period for which the measure could be maintained
would be decided by the CONTRACTING PARTIES, in
accordance with paragraph 7 of Article XVIII, at the
first session subsequent to the re-imposition of the
measure, in the light of the facts relating to the
industry, established by the Government of India at
that time. GATT/CP .3/60/Rev.1
page 16
SECTION G: THE MEASURES NOTIFIED BY THE GOVERNMENTS OF LEBANON
AND SYRIA
40. The Working Party first examined the statement submitted by the
governments of Lebanon and Syria (GATT/CP.3/1/Add.5) as a whole and
heard an oral statement by the representative of Syria in support of
the measures in general. The Working Party noted that, whilst
control was generally exercised by means of import licenses, the
import restrictions differed in degree and in the methods of their
implementation with respect to different items. They involved not
only the fixing of quotas or total import prohibition, but also
monopoly systems in the case of certain products. The Syrian
representative stated that it was from the provisions of Article XI
of the General Agreement that releases were sought under paragraph 12
of Article XVIII, and suggested that in the examination of the
measures the provisions of paragraph 8(b) would be relevant. The
Syrian representative also stated that the release were sought for a
period of 5 years with respect to all items.
41. The representative of Syria, under instructions from the two
Governments concerned, withdrew a number of items from the notification
under Article XVIII. The Syrian representative informed the Working
Party,that, without prejudice to the future right of the Governments
of Lebanon and Syria to apply under paragraph 7 or 8 of Article
XVIII, the import of thoso items was now being controlled undor
Articlo XII of tho Agreement.
42. The Working Party had had for its consideration the list of
products contained in Annex B to GATT/CP.2/38/Rev.1. The following
items remained for its consideration after the withdrawal referred to
above:
55 & 59 Oranges, lemons and similar fruits; and apples,
pears and quinces
Ex 68 Wheat
71 Barley
75(a) Wheat flour
122 Sugar
132 Chocolate and articles made of chocolate GATT/CP.3/60/Rev. 1
page 17
137 to 144 Preserves of vegetables or fruits
449 to 461 Fabrics of pure silk
192 Cement
470 to 492 Fabrics of artificial silk (except 477 and 486a)
518 Raw Cotton
522 to 524 Cotton yarn or thread (except 522 b.4)
527 to 540 Cotton fabrics
580 to 583 Hosiery (except 580 A a and b, and 581 A)
663 to 681 Glass and glass ware
A precise description of these products, together with the tariff item
numbers and descriptions under which these products fall, is contained
in Annex B to this report,
43. The Working Party examined the eligibility of each of these
measures. However, the measures had certain common features, which
enabled the Working Party to reach the following conclusions with
respect to all of them on the basis of the information submitted:
(a) the mesures existed on 1 September 1947 and notification
had been duly given to the CONTRACTING PARTIES before
10 October 1947 of these measures;
(b) the measures were non-discriminatory in nature;
(c) the measures did not affect any item in respect of which
Lebanon and Syria had assumed an obligation under Article II
of the General Agreement.
44. There has been circulated to the CONTRACTING PARTIES a compilation
of the information concerning these items (GATT/CP.3/WP.2/9) supplied
by the delegations of Syria and Lebanon in the course of the examination
of the measures by the Working Party.
45. The considerationsof the Working Party on the nature of the measures
and their purposes with particular reference to the establishment,
development and reconstruction of the industries concerned are set out
below together with its final recommendations for each item.
(A) Citrus and other fruits
46. The Working Party noted that the import control on these products
was carried out by means of the withholding of import licenses according
to crop conditions and variation in the home demand. It was GATT/CP.3/60/Rev.1
page 18
notsd4 in the statemfXt made by tVe S3-rirn rep e- nt. tive that a large
scale irrigati.on pror-ranne h,;, be3r -n up belfoze, the war by the
government of ILxbanmon, aiindn t.rt Ircrea.i.nrg the area cf land under
cultivaticn rnc improd aiir borthi q u2itzy and th. entity of the
output, ImpJlemntation of tho -jro Rr,,m-e, hcwerevz, had been delayed
by vario c- `cuxristanl.:n Audiziv- those crauzd by -the war.
iurthermore. tht .inhmrent. hbi;h costs of production of such fruits as
app:les, pears 3nd cuir._>zts due to thk typo of land used, was Aurthor
increased by the xise in I.abo1u-. ru;;ts aind roniercd riomestic supply
incaabb:Le, of comrr ?WJt n.ith m-porTed frui.ts, thre-atened the
branch cf igricuitture.. Tho --v'i ct Lebla-on therefore intended
to uioderh re th.: equi.amDnt .-widzet od of cu1tivetion with .- viaw to
loweririg theo costs of product2.cLa :%rl. ko developing. the branch of
agriculture to the pcint wher,<iJ coulL r..ompeto with foreign
products In 10.syria . sa = -:titi.n oh taIcOc',; but Pchre. the
acti-.itiei x x..erdinlu t"oe i.rri--i-on. ,sstc n ,ard -ncrs . in+ the
number of nTlram nairzries a.nd .a, !.fl.uAraJ. *inztitAttionrs we~ro
supplem.tnted by the estdiihti . o_. r..;r.<.tion industries
42. W.Vith <K->; ct to .citrn'j u ni: tiJ rce vt.. 'ti-Pe of Syria
also pointed out that in tihe yerss between I9381 aiLci 1947, the planta-
tions had sufft'eied scriouli w.r dc a 1.'The msi.itary Oper-otions
in 1941 took 21ce -r-ti_(sc.uy ir;, . z f.tiorn of the T~ebanese coastal
area where citrus fru t .erowi~ was most fiourishin; before.1939.
The reconst-ruction of dev~st--er1 ors,;!x'.ds. ws therefore one of the
chief factors to bi? ti.g?r -t'^ '' i 17ration with respect to citrus
fruit rroducti.. n.,
4l8 The 'Working er.<a ;:, htie- t r' , nrc1u-i~ 'rn that the facts r4 ardiig
the devel oplaLit ;l of suc; L-.ii. i --; ge -.ra1 and the r noristiaction of
citrus fruit or.chards 'wie u m ratakr; the Me-n.sure. eil;gible
casr par-igrah 11 of Artir-le Xlli lr
49c The Wcrk;inq Party ,. ±se n .t . ese, b. ,.anted.
under paragraph 12 of Article J.0tII for the m;aintornance of the
measure for .% pericd of five years.
50:, ,±etk c;-1rj-nr 1aLy ..y'' _,_ t.-z ,icK?. of ' .*,ct .:It tile time
of notificaition. took the form of a state woripoljy with the GATT/CP.3/64/Rav.1
page 19
administration in charge of the monopoly fixing the queta for
imports and exports on the basis of the production situation. When
the monopoly was. abolished in March 1949, the licensing system
remained in force and became the sole means of effecting the
control, the quotas being now fixed by the Ministry of National.
Economy,
51. The ro1)r'zsentativcr.s ..f c -n I Dr! .Lebnon brought t to the
attention of the Working Party the developmental features of wheat
production.. Specifically, parts of the Jezireh area were brought
under cultivation and sown to cereals and cotton in 1937, and
development of this area was continued throughout the war with the
adoption of up-to-date methods :of cu. tivr.t .:n -or.2 . rr.n -,limcnt..
1,500 tons of agricultural machinery were shipped to this area alone
in 1948, 'and the use of chemical fertilizers was ;.radually promoted.
The Working Party was informed that the decline in the yield in
1947 was due to unfavourable weather. conci tic.,s and that production
had been considerably greater in 1948 and 1949, although no precise
figures were yet availatble. A sharp fall in the world price of wheat
had occurred since the end of the wars
52. The Working Party agreed that the measure was eligible under
paragraph 11, and agreed to recommend that a release be granted
under paragraph 12 of Article XVIII for the maintenance of the
measure for a period of Live years
(C) Barley
53. The import restriction on barley was affected by means of a
monopoly which was subsequently abolished and supereeded by the
use of the licensing system, as in the case of wheat. In examining
this item the Working Party felt that the information presented by
the delegations concerned was inadequate. The development nature was
not borne out by the figures relating to the area. ana y...ia in recent
years, nor has it been completely substantiated by.any. other
evidence. The Working Party was informed that the decline .in the yield
in 1947 was due to unfavourable weather conditions and that
production has been greater in ;948 and 1949. World price of barley
had also fallen considerably since the end of the ware The
representative of.Syria stated that the need for the maintenance of
the measure was imperative for the time beinng and that the lack of GATT/CP.3/60/Rev. 1
page 20
substantial information was due to administrative difficulties,
resulting from the abnormal conditions prevailing in the two
countries.
54. The Working Party considered that a prima face case only had
been made out in respect of the development aspect of the measure
and felt unable to recommend a release for the five years as
requested. The Working Party accordingly recommends that a
release be granted for the maintenance of the measure for a shorter
period of two years only,on the understanding that it would be open
to the Governments of Lebanon and Syria to make a further
application before the ond of that period, with the support of more
complete information and in the light of any further progress in the
development of the branch of agriculture at that time. The
representative of Syria agreed to this recommendation.
(D) Wheat Flour
55. The Working Party considered the quantitative restriction on
wheat.. flour in conjunction with the measure relating to wheat. It
was the view of the Working Party that, since the measure relating
to wheat had been justified, to make that restriction effective it
would be necessary for the two governments to restrict imports of
wheat flour, as it was felt that the fre importation of wheat
flour into the countries concerned would have the same effect on
wheat growing as the unrestricted inflow of the agricultural product
itself. The measure relating to the import restriction on flour was
therefore eligible for consideration because of the development of
wheat production.
56. The Working Party therefore recommends that a release be granted
under paragraph 12 of Article XVIII for the maintenance of the
measure for a period of five years.
(E) Suear
57. The Working Party noted that crystallized, loaf and lump sugar
was controlled in Syria by the monopoly law and imported by the
State under contract to be sold on the domestic market at cost price
plus a variable tax. In Lebanon, however., the only formality
required for the import of sugar was an import licence* It was
understood that the monopoly system in Syria might be replaced by a GATT/CP.3/60/Rev.1
page 21
quota system in the near future which would mot-bez r
of imports than the present systems
58. The representative of Syria stated that whereas at the
beginning of the war there had been only one sugar mill., in 1949
there .; til:cc suj,¢yr :l18s. The prospects for expansion were
favourable as the present production covered only 30% of domestic ,
consumption, and since there were vest areas in Syria suitable for
the growing of beet and sugar cane.
59. In view of the expansion and anticipated expansion of the
industry, the Working Party agreed that the measure was eligible under
paragraph 11., The Working Party recomnmnds that a release be grantedd
under paragraph 12 of Article XVIII for the maintenance of the
measure for a period of five years.
(F) Chocolate and Articles Made of Chocolate
60o The Working Party noted that the industry had been set up after
the first world war. Although there were increases in output of
chocolate in Lebanon, no figures were supplied to indicate expansion
of the industry in Syria, It was not clear that the industry was
particularly suitable for development in these countries or that
much further expansion could be achieved. However, the Working
Party noted that experiments were being made with certain types of
chocolate in two new factories at Beirut and Damascus,
61. The Working Party considered that a prima facie case only had
been made out in respect of the development aspect of the measure, and
felt unable to recommend a release for the proposed five year period.
The Working Party, accordingly, recommends that a release be granted
for a-period of two years, on the understanding that it would be open
to the Government of Lebanon and Syria to make a further application
with the support of more complete information and in the light of any
further progress in the development of the industry at that time.
This recommendation was agreeable to the representative of Syria.
62* the representative of the United States, however, did not
participate in the decision.
(G) Preserves of vegatables and fruits
63. The Working Party was informed that the import restriction on the
products of the industry was necessary more for the reconstruction of GATT/CP.3/60/Rov. 1
page 22
the industry than for its development. During the last war
development of the industry had been on an exceptional scale owing
to the presence of allied troops in the Middle East and prevailing
difficulties in obtaining supplies from abroad. During the peak
period production had been three times as high as the pre-war level.
Machinery in the industry was overworked while replacement was
impossible and maintenance inadequate. Partly as a result of other
factors increasing the costs of production, post-war production
had fallen considerably below the pre-war level.
64. The situation caused the two Governments in 1946 to intervene
and impose the measure in order to restore production to the
pre-war level. Plans for reconstruction had been adopted and
machinery was being bought from abroad and installed. It was the
belief of both the Governments concerned that once the re-equipment
of the indudtry was completed, output would be, increased and the
costs of production in the industry would be brought down to a
competitive level, thus making the measure unnecessary.
65. In view of the evident need for reconstruction of the
industry, the Working Party agreed that the measure was eligible
under paragraph 11 of Article XVIII. The working Party also took
note of the statement by the representative of Syria that the two
Governments would as soon as practicable replace the measure with
tariff protection. With this understanding, the Working Party
recommends that a release be granted under paragraph 12 of
Article XVIII for the maintenance of the measure for a period of
five years.
(H) Cement
66. The representative of Syria asserted that the industry was being
developed and the measure was necessary to ensure to it an adequate
domestic market, In this connection the Syrian representative referred
to the establishment of a new factory in Aleppo, which was almost
ready to begin production. Capital was also being invested in the
established factories for the renewal of obsolete equipment in order to
raises production. The extensive construction plans of the country
created for the industry a high demand for cement which, but for the
present price and cost differentials, would automatically stimnulate
the expansion and promote the development of the industry. In addition GATT/CP.3/60/Rev. 1
page 23
to the general inflation and the high costs of living, an important
factor in present costs was the high prices of imported fuel oil
used by the industry. It was anticipated that when now pipe-line
supplies were available locally, these costs would be substantially
reduced.
67. The representative of Syria further stated that the Governments
would remove the quantitative restriction as soon as possible. He
agreed that a period of three years would be acceptable, stating that
the Governments of Lebanon and Syria would rnove tha measure before
that tire if the causes of the high costs referred to above had been
corrected within the period, and that, on the other hana. the Governments
concerned fight apply for a release for continuing the maintenance of
the measure beyond that time, if it should actually appear necessary.
68. The Working Party agreed that the measure was eligible under
paragraph 11 and recommonds that a release be granted under paragraph
12 for the maintenance of the measuree for a priod of three years.
(I) Raw Cotton
69. The representative of Syria stated that cotton production had
been extensively developed in recent years. He referred to the
successful experiments carried out in recent years in the growing
of American and Bgyrptian varieties on Syrian soil, and to the expansion
of the area under cotton cultivation since the year 1943-1944. To
enable further development the measure was, however, needed owing to the
much lower world market price of cotton.
70. The Syrian representative explained that export of raw cotton from
Syria aed Lebanon had always been insignificant and that the large cotton
exports in 1938 shown in the statistical tables represented the re-export
of imported Egyptian cotton and not exports of Syro-Lebanese production.
71. The Working Party concluded that the import restriction on
cotton was eligible under paragraph 11 and, taking account of the
Syrian need for economic development and the importance of this crop
in Syrian agriculture, recommends that a release be granted under
paragraph 12 for, the maintenance of the measure for a period of five
years. GATT/CP.3/60/Rev.1
page 24
(J) Cotton Yarn or Thread
72. The Syrian representative stated that the Cotton Spinning
industry,which was founded in the late nineteen thirties, processed
domestic production of ginned cotton and supplied the raw material
for the textile industry.The production of this key industry had
increased steadily since its establishment; new spinning mills had
been set up, and the number of spindles had increased considerably
since 1944. Further plans had been recently adopted for expansion
to meet the requirements of the textile industry. The measure was
needed to encourage this development particularly in view of the
present high costs in relation to world prices.
73. The Working Party, having regard to the key position of the
industry in the economy of the applicant contracting par ies,
considered that the measure was eligible under paragraph 11 of
Article XVIII. It recommends therefore that a release be granted
under paragraph 12 of Article XVIII for the maintenance of the
measure for a period of five years.
(K) Cotton Textiles
74. The representative . of Syria proposed that fabrics of cotton,
silk and artificial silk be considered together since the
industries, though using different raw materials and producing
different products were interrelated and had similar problems.
It was stated that the modern machine weaving industry, as distinct
from handicraft, began in 1927, when power looms were introduced.
At present even with the constant expansion of the machine weaving
branch, the modernization of this industry was still in its early
stages. To reduce the price of these fabrics, the Governments had
taken steps to encourage the introduction of more power looms.
It was hoped to increase the number of power looms to 1000 with an
estimated annual production of 1,500 tons of fabrics.
75. The Working Party considered first the cotton textile industry.
In 1948, 3,200 tons of machinery were imported and installed in the
two major factories at Damascus and Aleppo. Production had already
increased considerably in 1946 and 1947, although exact figures were
not yet available. The Syrian representative emphasized the potential
demand in the region for cotton fabrics, and said that the effect of
any industrialization and consequent increase in employment would be
a substantial increase in demand. GATT/CP .3/60/Rev. 1
page 25
76. The Working Party agreed that the measure was eligible under
paragraph 11 of the Article. The Working. Party recommends that a
release be granted under paragraph 12 for the mintenance of the
measure for a period of five years
(L) Natural and Artifionl Silk Fabrics
77. The majority ot the Working Party felt that the statement and
data provided chiefly concerned cotton weaving and did not apply
to silk and artificial silk textile proIuction. It was therefore
suggested that the Working Party recommond that the measure be
withdrawn.
78, However, it was also felt that the abnarmal -.n9. (ifficult
circumstances in Lebancin and Syria had made it impossible to
supply adequate information in support of the measures. Exceptionally,
therefore, the Working Party agreed to recommend that the
CONTRACTING PARTIES defer a decision on these measures until the
fourth session and request the Governments of Syria and Lebannn,
if they wish to maintain the measures, to submit a statement in
support of them at least two months before the date of the opening
of that session.
79. Annex A to the Report contains a draft of a decision giving
effect to this recommendation and that relating to the hosiery
industry, as the CONTRACTING PARTIES are required by paragraph 12
to give a decision not later than 29 July, 1949, in the case of
Lebanon and 30 July, 1949, in the case of Syria It is proposed that
the CONTRACTING PARTIES adept this decision which will enable the
decision on the measures under paragraph 12 to be taken at the
fourth session.
(M) Hosiery
80. The Working Party found a similar absence of inf .ati. n and
accordingly recommends that the CONTRACTING PARTIES defer a decision
on the measure until the fourth session and request the .Governments
of Lebanon and Syria, if they wish to maintain the measure, to submit
a statement in support of it at least two months before the date
of the opening of that session.
81. The decision contained in Annex A also relates to this measure. GATT/CP.3/60/Rev. 1
.page 26
(N) Glass and Glassware
82. The measure, an import quota, was adopted before 1 September 1947
to foster the development of the glass ant glassware industry and had
in fact attracted more investment into the industry. A new factory
had recently been constructed, equipped with modern machinery, and
would be ready for production in 1949.
83. The Working Party considered that the measure was eligible under
paragraph 11 of Article XVIII. It recommends accordingly that a
release be granted under paragraph 12 of the Article for the
maintenance of the measure for a period of five years.
General
84. In considering the measures notified under Article XVIII the
Working Party considered that for the purpose of showing the
exact nature of the measure, the relevant law or administrative
decree should be supplied to the CONTRACTING PARTIES. In this
case the delegations of Lebanon and Syria were unable to supply
these documents. The Working Party, having regard to the special
conditions in those two countries at present, agreed exceptionally
not to insist upon this point. However, in doing so, the Working
Party wishes to make it clear that ordinarily that information would
be regarded as essential. GATT/CP.3/60/Rev.1
page 27
SECTION H: PROCRS SESSIONS FOR EXISTING AND NEW MEASURES
1. Problem
85. The Working Party considered the problem that arose in connection
with the administration of the provisions of Article XVIII by the
CONTRACTING PARTIES between sessions. This had received preliminary
attention at the second session When the CONTRACTING PARTIES drafted a
questionnaire and a suggested timetable in connection with statements
in support of existing measures and also suggested a procedure to be
followed in the event of any application being made for the adoption of
new measures.
86. The further delay in the entry into force of the Charter accentuates
this problem and in the absence of the permanent organization of the ITO
which would administer the corresponding articles in the Havana Chartor,
the CONTRACTING PARTIES are obliged to improvise ways and means of
administering Article XVIII for a further period.
87. For these reasons, the Working Party considered in detail procedures
that could be followed both in the case of existing measures notified
by acceding governments and in the case of new measures, application for
which may be made by contracting parties.
2. Existing Measures
88. The Working Party has been greatly concerned with the difficulties
which have occurred at the third session in reaching decisions on the
existing measures notified by the present contracting parties, despite
the preliminary consideration of these measures at the first and second
sessions and the establishment of a procedure to be followed after the
close of the second session.
89. In the course of consultation and discussion with the contracting
parties concerned, the Working Party arrived at a more precise
understanding of the type of information necessary before foz.mulating
recommendations to the CONTACTING PARTIES. Of necessity, the
discussions at Anmecy have been experimental but they have demonstrated
the considerable amount of time taken in obtaining sufficient information. GATT/C .3/60./Rev.1
page 28
90. On the basis of this experience the Working Party considers
it most desirable for the CONTRACTING PARTIES to adopt a procedure
for the consideration of the measures notified by acceding governments
in order that decisions may be taken on those measures with the least
possible delay after the acceding governments become contracting parties.
91. There are two stages to be considered in connection with these
measures:-
(a) Prearation for Decision. Paragraph 12 of Article XVIII
provides that a statement in support of an existing measure
be submitted by the contracting party notifying the measure.
It is essential that this information be bu'oLL-ru' ins such a
form that it provides a clear indication of the extent to which
the criteria and conditions of Article XVIII are met.
On the basis of the information that has been sought
at this session and the experience gained during the
examination of existing measures of present contracting
parties, the Working Party considers that there should be
available to thoseacceding governments which request it
some guidance in the preparation of the statements to be
submitted in support of these measures. This could take
two forms:
(i) A questionnaire listing specific information
relevant to the provisions of the Article, which
would form the basis of the statement in support
of the measure, and
(ii) consultation with the acceding government on the
preparation of that statement.
A draft questionnaire is attached to this ronnrt (Annex C).
The Working Party considered that consultation prior
to the preparation of the statement in support of the,
measures should help to avoid much of the fact-finding
and investigation work which has occupied so much of the
time of the Working Party at this session. If this were
undertaken in the interval between sessions it would expedite
considerably consideration of the cases by the CONTRACTING
PARTIES. GATT/CP3/60/Rev.1
page 29,
In order to secure as complete a documentation as
possible for consideration by the CONTRACTING PARTIES, the
Working Party considered that the Secretariat should be
authorized to Consult with acceding governments upon their
request on the preparation of their supporting statements.
The Working Party considers it desirable and probable
that acceding governments would wish to avail themselves
of such an opportunity for consultation.
(b) Objections. In the consideration of existing measures the
application of paragraph 7 has first to be examined. If
the measures fall within the criteria set out in that
paragraph the automatic approval of the CONTRCTING PARTIES
is required. However, it is open to any contracting party
to submit for consideration views relevant to the temis of
paragraph 7(a)(2).
If the measure is considered under the provisions of
paragraph 8 it is necessary for the CONTRACTING PARTIES to
take into account objections from materially affected
contracting parties. Although these objections are not
relevant when the measure is examined under paragraph 7 it
is thought that, in order to expedite consideration of these cases,
it would be desirable between ordinary sessions to call for any
objections without awaiting considerate n of the mtt.su." under
paragraph 7. However, any objections would not be considered
unless and until the case was examined tindes paragraph 8 and would
not be relevant to an examination under the provisions of
paragraph 7.
It was also thought that if the CONTRACTING PATIES were
first to determine the contracting parties materially affected
before inviting objections from them it would in the present
circumstances delay consieration of these measures because such
a determination would require a p:m.i-ilj .me thing of the
CONTRACTING PARTIES. GATT/CP.3/60 /Rev.1
Page 30
It is therefore pvoposed that when the statement in
support of the measures has been submitted to the Chairman
of the CONTRACTING PARTIES) it should be circulated to all
contracting parties which should, at least one month prior
to the session at which the measures are to be considered,
forward any objections in terms of Article XVIII to the
Chairman. These objections would be circulated to other
contracting parties for their consideration prior to the
session at which the decision is to be taken.
The CONTRACTING PARTIES on the basis of the objections
would determine the contracting parties materially affected
and any objection from any other contracting party would not
be taken into account for the purpose of paragraph 8(b).
(c) Decision. It was considered by the Working Party that the
interval of time provided in Article XVIII was sufficient
to enable the CONTRACTING PARTIES to take decisions on
existing measures at an ordinary session. It was thought
that in most cases a decision could be taken without delay at
an early ordinary session if there had been consultation with
the Secretariat on the preparation of the statements The
investigation and research work consequently would have been
concluded prior to the meeting of the CONTRACTING PARTIES and
there would also have been Wiircuiated any objections by other
contracting parties;
3. New Mea-ures
92. Applications may be submitted before the next ses sion in respect
of new measures that otherwf.s-. would be contrary tc th- terms of the
Agreement. The requirements of paragraph 10 of Article XVIII which
late to the time-limit within which a decision on any such applicat-
ion must be given are specific. Consequently, careful attention must
be given to practical means by which the decision on any such
application made between sessions can be given with a minimum of delay.
93. Procedure for new measures was considered; as in the case of
existing measures in stages,
(a) Advance Notice, In present cic nce, it would be of
great va&Ki-e if as mu-.h advance notice as zc ib1o could be
given to fihe Clhainnn:j± c! tha CO ''A, TIN.- PA9TIft of the
iXtenrtio cl c.pp2,> : uiiiUer jxr.-_.^ph ' o: &j GATT/CP.3/60/Rev. 1 page 31
(b) Consultation. To save time as much information as possible
should be given in the original application. For this
purpose it is recommended that the same facilities for
consultation with the Secretariat should be provided as in
the case of exting measures, to be available on request by
applicant contracting parties. Applicants may wish to avail
themselves of these facilities before submitting a formal
application and in such cases right ask for advice in the
preparation of the application at the same time as advance
notice is given to the Chairman. It would, however, be open
to the contracting party concerned to consult the Secretariat
at any time.
(c) Time Limits. As soon as a formal application is submitted the
time limits provided in paragraph 10 of the Article will begin
to apply. Within 15 days it will be necessary to advise the
applicant within what period a decision will be given. It
is suggested that the CONTRACTING PARTIES should delegate to
the Chairman authority to determine this period. Bdc;..u*se of
the special administrative difficulties occurrirtg between
sessions it will generally not be practicable for the Chairman
to determine a period of less than 90 days.
(d) Examination of Applications between Sessions. A careful
examination was made of the means by which a decision on an
application could be given between sessions of the CONTRACTING
PARTIES where it was not practicable to wait until the next
ordinary session. Experience had shown that before a decision
could be taken it would be necessary to have the application
examined by a working party respenable for determining in a
technical and objective way whether the provisions of the
Article had been fulfilled by the Application,
It was felt that for practical convenience a committees of
the CONTRACTING PARTIES could, in the first irtnc(;, examine
applications submitted between sessions. Such a committee
would be responsible for making recomendations to the
CONTRACTING PARTIES. GATT/CP 3/60/ Rev.1
page 32
Because of the importance of securing uniformity in the
administration of Article XVIII, and because of the important
functions carried out by a working party on measures under
article XVIII, it is recommended that such a committee should
be established at this session, to be convened by the Chairman
as necessary.
It is suggested that this committee consist of not more
than 10 members and that it should be a representative sample
of the CONTFACTING PARTIES.
The committee would be authorized to invite for any
necessary discussion representatives of the applicant government
and any objecting contracting parties.
On receipt of an application in respect of a new measure,
the Chairman of the CONTRACTING PARTIES would convene this
committee at the earliest practicable date.
In the case of an application under the provisions of
paragraph 3(b) or 5, the committee would consider the application
in relation to the provisions of the Article. After asking all
contracting parties whether they consider themselves materially
affected by the proposed measure, the committee would sponsor
negotiations between the applicant contracting party and those
contracting parties which in its judgment were materially
affected. After consultation with the interested parties, the
committee would propose a time schedule for the negotiations.
Anyinterested party which gave notice of its intention to appeal
to the CONTRACTING PARTIES against that time schedule would
proceed with the negotiations but would not be bound by the
time schedule.
In the case of an application under paragraph 7, the
committee would consider whether the criteria of the paragraph
had been fulfilled and if so recommend a period of release,
In cases where the committee decided that the criteria had not
been fulfilled it would be open to the contracting party
concerned to submit a further application under paragraph 8,
In this case the procedures of paragraph 8 would then apply
and the time limits would be effective from the date-of the
second application. GATT/P.3/60 /Rev. 1
page 33
(e) objections. Paragraph 8 of the Article provides that
objections shall be invited from contracting parties Which
are determined by the CONTRACTING PARTIES to be materially
affected by the proposed treasure. In the present circumstances,
however, it was considered that, as in the case of existing
measures, it would delay consideration of the application if
such a determination were made before objections were invited.
It is, therefore, suggested that the Chairman should circulate
copies of any application under paragraph 8 toall contracting
parties which would be asked to submit any objections they
might have within a period to be determined by the Chairman.
In considering an application under paragraph 8 the
intersessional committee would consider whether the contracting
parties which had submitted objections were materially affected
or not and if so would take account of their objections in
reaching a recommendation.
In making this recommendation, the Working Party wished to
draw attention tc the fact that the wide circulation of any
such applications among contracting parties would require
special care to be taken to maintain secrecy in accordance with
the provisions of paragraph 2 of the Article.
(f) Decisions. The committee would be responsible for recommending
to the Chairman of the CONTRACTING PARTIES the method by which
its report should be considered and a decision taken by the
CONRACTING PARTIES. The following possibilities were
considered most likely but it was recognized that the committee
could make recommendations to the Chairman only on the basis of
the circumstances applicable in each instance.
(i) Ordinary session. In general. the most practicable
course would be. for the committee, in consultation
with the applicant, to recommend that its report
should be. considered at the next ordinary session.
(ii) Post or cable. Some applications might be sufficiently
clearly established, by a unanimous recommendation of the
committee, as not to require. debate in the CONATRACTING
PARTIES and in these cases the summoning of a session of
the CONTRACTING PARTIES would not be justified. In such
cases, the CONTRACTING PARTIES could decide upon the
recommendation of the committee by post or cable. GATT/CP.3/60 /Rov. 1
page 34
(iii) Special session. In urgent cases it might be necessary
for an application to be considered at a special session
of the CONNTRACTING PARTIES especilly if there were a long
intterval bofurQ thu next ordinary session. In the, ews.nt
Uf' more than one applicati;.n bemin t.,, it ri ht be
possiLla for thk;sc t, b c'zLide)rd at hu ss-a 5spcial
session.
Conclusion
94. It was suggsted that if it is p;essible adequattly to davdeop th4
functions of consultation and guidance by the Secretariat, the tasks of
the inter-sessional committee or working xarty utaeLLished during
sessions would be c<onsiderably lightenud. eventually, it zni,.;ht be
possible- for the COTMCTIDi. PA.LTISS, without references to a_ working
party to give a decision on the ba;s3is of -. application preprared after
consultation and discussion with the Soe tcariat.
95, It is suegstod by thu Working Party th.t this rut;rt shuld' be
considered solely on thc basis of technical wcpi..rieince and requirecants.
The problem of providing thu facilities should bu cnsicl;reod by the
CONTRACTING ?t,"TIiFS and the Ex;zcutive Secrtt-ry in CrC;flflOtiDn with
related problems arisiqr curi, n thu course -' this sjssiur..
SunIary
96. The -orkin- Party accordin:,ly r-com~xencs th.t:-
(i) ThV questionnaire sot out in Annex C be adluptod as votingng
information to bu subrtitted by accociri, goverzirv nts that have
nutifiodl tet, m5asur,;s Uurd L'y applicant contracting parties
roqusstin! apprceval for new usures.
(ii) Thu Secretariat b,); authorizuci, -n rojquEst, to consult uith
accedirng govurrn-nents :.rlnP contracting parties .?n the completion
of thQ statu;.-rents in support cf existing measures or
application for n.ew nuasures.
(iii) Tho Chairman be authorized t) dett rmLine t-he period' within
which a decision will be 4~ivenr cn an application for thle
adoption of a now measure under p;=rcagr'ph 7 or a of
Article XVIII GATT/CP.3/60/Rev.1
page 35
(iv) Objections to existing measures or new measures should be
sought by the Chairman inmediately on receipt of an
application and a determination as to materially affected
contracting parties should be made after receipt of these
objections.
(v) Decision in respect of existing measures notified by
acceding governments should be taken at an ordinary session.
(vi) A comittee consisting of not more than ten members, being
a representative sample of the CONTRACTING PARTILS, should
be appointed at this session to consider any applications for
new measures submitted by present contracting parties between
sessions and to make recommendations thereon to the CONTRACTING
PARTIES If any one or more of the countries nominated find
it impossible to participate in any meetings of the committee
the Chairman of the CONTRACTING PARTIES shall be authorized to
n ninate another country or countries to take its or their
place. In so doing he shall bear in mind the need for
preserving the representative character of the Committee.
(vii) The committee referred to in sub-paragraph (vi) shall keep
inder review the procedure recommended in this report includ-
ing the questionnaire and make such recommendations as it
may dee necessary for modifications thereof.
(viii) Decisions in respect of new measures should be taken in
accordance with the procedure recommended by the committee. GATT/CP.3/60/Rev. 1
page 36
SECTION I: PROCEDURES UNDER ARTICLE XVIII WITH RESPECT TO MEASURES
PERMITTED BY THE PROTOCOL OF PROVISIONAL APPLICATION AND THE ANNCY
PROTOCOL OF ACCESSION
97. At the fourth meeting of the CONTRACTING PARTIES the representative
of Pakistan raised the question whether a contracting party need notify
under Article XVIII any measure which, though contrary to the provisions
of Part II of the Agreement, is permitted by the provisions of the
Protocol of Provisional Application. At the fourteenth meeting of the
CONTRACTING PARTIES, the representative of Pakistan again raised, in
connection with the statement submitted by the Government of Ceylon, the
question of procedure under Article XVIII, both with respect to noti-
fication and to action by the CONTRACTING PARTIES in these circumstance,
The Working Party was required by its terms of reference to take
account of the points raised in the discussion at those meetings and to
report thereon to the CONTRCTING PARTIES,
98. In considering this subject, the Working Party had the advantage
of the participation of the representative of Pakistan, who also
submitted a written statement setting forth the views of his delegation.
99. The Working Party directed its attention to the question whether a
government is obliged to notify the CONTRACTING PARTIES in accordance
with the provisions of paragraph 6 or 11 of Article XVIII, if the
measure in question is permitted during the period or provisional
application by virtue of sub-paragraph l(b) of the Protocol of
Provisional Application or sub-paragraph l(a)(ii) or the Annecy Protocol
of Terms of Accession. The Working Party agreed that a measure is so
permitted provided that the legislation on which it is based is by its
terms or expressed intent of a mandatory character, that is, it imposes
on the executive authority requirements which cannot be modified by
executive action. There was disagreement on the question whether the
date on which legislation was "existing" in terms of the Protccol of
Provisional Application was the date of the Protocol or the date of
signature of the Protocol by individual governments.
100. The Working Party believed that there is no obligation on the part
of a contracting party to notify a measure permitted by sub-paragraph 1(b)
of the Protocol of Provisional Application or sub-paragraph 1(a)(ii) of
the Annecy Protocol. On the other hand, the Working Party recognized
that the provisions of Article XVIII should not be denied to a contract.
ing party simply because the measure in question is permitted under either
Protocol, as such a contracting party should be allowed to ascertain
whether it will be permitted to maintain a measure for economic GATT/CP.3/60/Aev.1
page 37
development during a specified period even if that period extends beyond
the time when the Agreement enters definitively into force pursuant to
Article XXVI. Further, if a measure existing on the date prescribed
in paragraph 11 were not notified under the provisions of that paragraph,
it could be continued in force after the Agreement entered definitively
into force only if it had boon approvod by the CONRACTING PATHES as a
new measure under paragraph 7 or 8.
101. In addiition, ever, where a release is not requested, there would be
advantages if the contracting party concerned were to inform the,
CONTRARCTING PARTIES of any existing or new measure.
102. The Working Party therefore concluded that during the period
of provisional application:
(l) a contracting party need not notify a measure which is already
exempted by virtue of sub-paragraph 1(b) of the Protocol of
Provisional application or sub-paragraph 1(a)(ii) of the
Annecy Protocol;
(2) in case it chooses to notify the measure for the purpose of
obtaining a release under paragraph 7, 8 or 12, as the case may
be, then full procedures and the criteria of the relevant parts
of Article XVIII would apply as if the Agreement were
definitively in force. However, if as a result of examination
the CONTRACTING PARTIES decide that the measure should be
withdrawn or modified, the contracting, party concerned would
nevertheless be free to maintain the measure during the period
of provisional application only; and
(3) it would be open to the contracting party to inform the
CONTRACTING PARTIES of any measuare for which it was not seeking
a release under paragraph 7, 8 or .2 but which it was imposing
or retaining in accordance with subparagraph 1(b) of the
Protocol of Provisional Application or sub-paragraph 1(a)(ii)
of the Annecy Protocol.
103. The above conclusions relate both to existing measures under
paragraphs 11 and 12 and to new measures under paragraphs 6. 7 and 8.
However, the Working Party considered that in practice these conclusions
were unlikely to affect new measuxws because it is improbable that a
future measure would have been required by existing" legislation. GATT/CP.3/60 /Rev.1
page 38
ANNEX A
Decision
The CONTACTING PARTIES
Exercising the power of waiver under paragraph 5 (a) of
Article XXV of the General Agreement on Tariffs and Trade,
Having noted the statements of the representatives of Lebanon
and Syria regarding the circumstances prevailing in those countries
after the second session of the CONTRACTING PARTIES,
Having regard to the consequent difficulties in the preparation
of statements by the Governments of Lebanon and Syria in support of
measures which had been notified under paragraph 11 of Article XVIII,
Decide that the decision under paragraph 12 of Article XVIII
in respect of the protective measures relating to the following
items notified by the Governments of Lebanon and Syria shall be given
at the fourth session of the CCNTRACTING PARTIES, and the measures
may be maintained pending that decision,
Customs tariff item
Fabrics of natural silk, pure
or mixed
Fabrics of artificial silk,
pure or mixed
Hosiery
449-461
470-492 (except 477 and
486 a)
580-583 (except 580 A)
a & b, and 581 A) GATT/CP.3/60/Rev. 1
page 39
ANNEX B
LIST OF PRODUCTS COVERED BY MEASURES NOTIFIED
BY THE GOVENMENTS OF LEBANON AND SYRIA.
I II
Description of products Tariff items under which the
products fall
Oranges, lemons and similar fruits
Apples, pears & quinces
Wheat
Barley
Wheat flour .
Sugar
Chocolate and articles made of
chocolate
Preserves of vegetables or fruits
55 - Oranges, lemons and similar
fruits
59 - Apples, pears and quinces
Ex.68 - Wheats spelt and meslin
71 - Barley
75(a) - Cereal flcurs
122 - Beet sugar, cane sugar and
similar sugars
132 - Chocolate and articles made
of chocolate
137 - Preserved mushrooms and truffles
138 - Preserved tomatoes and tomato
sauces, whether seasoned or not
139 - Other preserved vegetables,
pot-herbs and parts of lants
140 - Preserved fruit, whole, in
quarters or in pieces, with or
without addition of sugar
141 - Fruit, fruit peel, plants or
parts of plants, preserved in
sugar
142 - Jams, fruit jellies, marmalades,
fruit pulp and pastes
143 - Liquid or concentrated fruit
juices, unsweetened
144 - Liquid fruit juices, sweetened,
and syrups for beverages, not
containing alcohol GATT/CP.3/60/Rev.1
page 40
Description of products
Cement
Fabrics of pure silk
Fabrics of artificial silk
Tariff items under which the products
fall
192 - Cement, whether ground or not:
(a) Natural or artificial
(d) Magnesium containing not
less than 5% of magnesium
oxide
(e) Other
449 - Crepes, including those of hard
twist called "georgette" and
satin crepes weighing per
square metre:
450 - Other fabrics not elsewhere
specified
451 - Ribbons
452 - Velvets and flushes
453 - Crepes
454 - Other fabrics not elsewhere
specified
455 - Tulles and net fabrics
456 - Lace
457 - Trimmings
458 - Embrcideries
459 - Carpets
460 - Bolting cloth
461 - Fabrics of floss silk waste
470 - Velvets and plushes
471 - Crepes
472 - Other fabrics not elsewhere
specified. Close-woven and
loose-woven fabrics (poplins,
muslins find grenadines, voiles,
gauzes, etamines etc.) weighing
per square metre:
473 - Ribbons
474 - Velvets and plushes
475 - Crepes GATT/CP. 3/60 / Rev. 1
page 41
Description of products
Fabrics of artificial silk (cont.)
Tariff items under which the products
476 - Other fabrics nct elsewhere
specified. Close-woven and
loose-woven n fabrics (p(;plins,
muslins, granadines, voiles,
478 - Velvet and plush
479 - Cr-peD
480 - Other fabrices not elsewhere
specified. Close-woven and
lloose-woven fabriczs( poplins,
muslins, grrvnaJines, voiles,
gauzes, etamines etc.)
weighing por square metre:
481 - Ribbonis
482 - Velvets and plushes
483 - Crepes
484 - Other fabrics not elsewhere
specified. Close-woven and
loose-woven fabrics (poplins,
muslins, grenadines, voiles,
gauzes, etamines etc.)
485 - Tulles and net fabrics
486(b) - Lace: mixed with other
textiles
487 - Trimmings
488 - Embroideries
489 - Carpets
490 - Bolting cloth
491 - Metal thread to be used in the
manufacture of fabrics, ibbons,
trimmings and other articles
containing metal thread
combined with yarn for garments,
furnishings and similar uses GATT/CP.3/60/Rev.1
page 42
Description of products.
Fabrics of artificial silk (cont.)
Raw cotton
Cotton yarn or thread
Cotton fabrics
Tariff items under which the products
fall
492 - Fabrics, ribbons, trimmings
and other articles c1 metal
thread or yarn, for garments,
furnishings and similar uses
518 - Raw cotton
522 - Cotton thread or yarn, single,
measuring to the ½ kg,:
(a) unbleached
(b) bleached (1 ) under 10,000 m.,
(2) between 10,000 m. and
25,000 m., (3) over
25,000 m.
(c) dyed: printed or chine
(d) glazed or mercerized
523 - Cotton thread or yarn, twisted,
with two or more strands,
524 - Cotton thread or yarn, cabled,
525 - Cotton thread or yarn, mixed.
527 - Cotton fabrics, not figured.
528 - Cotton fabrics, figured,
528 bis - Cotton fabrics, "job",
529 -.Cotton fabrics, mixed,
530 - Cloth of felted cotton for
paper-making and for other
technical purposes.
531 - Gauze-woven and satin-stitched
cotton fabrics,
532 - Cotton blankets (or coverings).
533 Cotton velvets and pushes.
534 - Cotton carpets.
535 - Cotton ribbours.
536 - Cctton trimmings.
537 - Cotton tullos, ordinary, plain,
in pieces. GATT/CP.3/60/Rev.1
page 43
Description of products
Cotton fabrics (cont.)
Hosiery
O Glass and glass ware
Tariff items under which he products
fall
53 - Cotton tulles and net fabrics,
figured.
539 - Cotton lace.
540 - Cotton embroideries.
580 - Hosiery of natural silk, pure
or mixed;
A(c) - stockings and socks
A(d) - articles not specified
B - of natural silk, floss
silk and floss silk
waste mixed with other
textiles.
581- Hosiery of artificial silk or
artificial textils fibres,
pure or mixed:
B - of artificial silk or
artificial textiles
fibres, mixed.
582 - Hosiery of wool, pure or mixed.
583 - Hosiery of cotton or other
vegetable textile materials,
663 Cullet, broken glass, crushed
glass.
664 - Glass in the mass; unworked
glass, in bars, rods or tubes,
665 - Glass cast into sheets or plates,
unworked.
666 - Sheet-glass, drawn or blown,
unworked.
667 - Sheet - or plate-glass, worked.
668 - Sheet-glass, tinned, silvered
or coated with platinum;
looking-glasses and mirrors.
669 - Safety-glass and plate-glass
formed of two or more sheets. GATT/CP.3/60/Rev.1
page 44
Description of products
Glass and glass ware (cont.)
Tariff items under which the products
fall
670 - Roofing tiles, paving-slabs
or blocks, and facing tiles, in
cast or moluded glass, whether
wired or not.
671 - Carboys, bottles, flasks and
other glass containers for the
transport and preservation of
liquids, empty
672 - Glass bulbs for electric lamps
and valves.
673 - Iluminating glassware, such
as lamps, chandeliers, shades
and other parts and accessories
thereof not elsewhere specified
or included.
674 - Special glassware for laboratory
uses, including objects of
fused quartz.
675 - Blown or pressed glasaware not
elsewhere specified or included.
676 - Insulating and other bottles
receptacles such as thermos
flasks, bottles and flasks
encased in leather, felt,
metal etc.
677 - Optical and spectacle glass.
678 - Glass for watches and clocks.
679 - Small glassware (glass beads,
artificial precious stones,
lustre-drops and the like).
679 bis - Spun glass (glass wool).
680j Articles made of small glassware
not elsewhere speciracoQ or
included.
68a - Other articles of glass not
elseware specified or r .::r.Lcb-A; GATT/CP.3/60/Rev.l
page 45
ANNEX C : QUESTIONNAIRE
RELATING TO STATEMENTS IN SUPPORT OF MEASURES
FOR WHICH A RELEASE IS SOUGHT UNDER ARTICLE XVIII
1. The purpose of the following list of questions is to provide
acceding governments and contracting parties notifying measures under
the terms of Article XVIII with guidance, in the light of experience to
date, regarding the type of information that the Working Party feels to
be either essential or desirable to have before a decision can be made.
The type of information listed under category A is regarded as essential
to the making of a decision. The information noted in category B has
been found to be desirable. If it were available in advance of the
discussion of the application by the CONTRACTING PARTIES, it would be of
assistance in reaching a conclusion.
2. In the report (Section H) to which this questionnaire is attached
recommendations have been made which would authorize the Secretariat, on
the request of an acceding government, or contracting party, to consult
and advise on the preparation of statements in support of the measures,
3. In setting out the items in category A, it is recognized that many
countries have not the administrative technique necessary to provide
definite information under every heading. The inability, as a result of
such difficulties, to supply such information could not by itself be
taken as a failure to supply the statement required under Article XVIII,
but the absence of it would nevertheless hamper the consideration of any
measures.
4. It is not suggested that the list of information is exhaustive or
that it would be appropriate to the circumstances of each case. Whilst
it would be for the applicant contracting parties to determine the way
in which necessary information relevant to the provisions of the Article
will be submitted, it is hoped that this list, together with the
provision offacilities for consultation and advice on the preparation of
statements, will enable applications to be determined expeditiously by
the CONTRACTING PARTIES.
5. References to "industry" should be read, unless otherwise stated,
as referring also to "branch of agriculture" and references to "economic
development" as referring also to "reconstruction". GATT/CP.3/60/Rev.1
page 46
Category A: Information regarded as essential to the making of
a decision by the CONTRACTING PARTIES
(1) The following information is requested with regard to
all measures for the maintenance or adoption of which
an application is made under any provision of
Article XVIII:
(a) Precise description and the extent of the mesure,
the method of its operation, and the provision of
the Agreement from which a release is sought.
(b) fange and type of goods to which the measure
relates including tariff item number and description.
(c) Copies of the relevant legislation or administrative
decree or order under which the measure is
administered.
(d) Precise description of the products of the industry
for the protection or development of which the
measure is intended.
(e) Statistics of quantities and values over a period of
years showing:
(1) domestic production (i:. the case of a branch of
agriculture also area planted) of the items
described in (b) and also, unless the figures
are thee same, domestic production of the items
described in (d),
(2) imports of the items-described in (b) by-countries
of origin,
(3) exports for the items referred to in (1) above
by countries of destination.
(f) Tariff and other protection, enjoyed: the nature and
extent of such protection, the period for which these
protective measures have been in force and the effect
which they have had on the establishment or development
of the industry;
(g) Reasens for the s) Lcor.vn Vii the proposed measure in
preference to other measures permitted by the GATT
such as tariff portection or a .osicv
(h) Information and forecast about the future development
of the ir- - , 0j * iv - .' " - *.xt'WLed levels GATT/CP.3/60/Rev.1
page 47
of production, and the possibility of its becoming
independent of the measure:
(i) Price of imported and domestic product at the
principal market or markets;
(2) The following additional data should be submitted with
applications under the paragraphs of Article XVIII
indicated below:
paragraph 7 (a ) (i)
(j) The date of establishment of the industry;
(k) The type of protection during the period between
January 1, 1939 and March 24, 1948, resulting
from abnormal conditions arising out of the war;
paragraph 7 (a) (ii)
(l) The indigenous primary commodity which is being
processed;
(m) Statistics of exports of the primary commodity;
(n) Details of the new increased restrictions imposed
abroad;
Category B: Supplementary information relating to the industry
which is to be developed
(o) Number and location of enterprises or firms;
(p) Numbers employed;
(q) Average level of wages paid to employees;
(r) Capital investment;
(s) Net profits or losses;
(t) Cost of transport and distribution of imported
product from place of entry to principal market
or markets;
(u) Information relating to the domestic consumption
of the product;
(v) total working population of the country by
principal occupations; GATT/CP.3/60/Rev.1
page 48.'
ANNEX D.
Statements referred to in paragraph 18 of the Report
(1) Letter from the Head of the United Kingdom delegation
to the Chairman of Working Party 2.
30 July, 1949.
Dear Mr. Hewitt,
With reference to paragraph 18 of the report of Working Party No.2
on Article XVIII concerning the application in respect of the Northern
Rhodesian import prohibition on "filled" soap, it may be worth record
something of our discussions with the Belgian Delegation which preceded
our withdrawal of this application.
On May 10th, on the initiative of the United Kingdom Delegation,
an informal discussion took place in the course of which we proposed to
the Belgian Delegation that same arrangement might be negotiated
between Northern Rhodesia and the Belgian Conge to meet the difficulty
to which reference is made in paragraph 16 of the report arising out of
the prohibition on the export of low-grade palm oil from the Belgian
Congo. We suggested a possible arrangement might be that the import
prohibition in Northern Rhodesia would be removed; the Belgian Congo
would lift the export prohibition on palm oil to the extent that a
specified quantity of palm oil would be made available to Northern
Rhodesia (subject to certain safeguards about re-export); the quantity
and price would be subject to negotiation, but the general intention was
that the quantity would be sufficient to enable Northern Rhodesia to
manufacture a part of her requirements of "filled" soap but would
leave a gap to be filled by Belgian Congo suppliers of soap. It was
recognised that any such arrangement would have to be considered at
greater length, for instance to ensure that it was in conformity with
the General Agreement, and that detailed negotiations would have to take
place subsequently between Northern Rhodesia and the Belgian Congo. It
was agreed, however, that the delegations concerned should put to their
respective Governments a proposal on these lines as a possible basis for
negotiation. The Northern Rhodesian Government, after consultation, would
have been prepared to negotiate an agreement generally on these
C.L. Hewitt, Esq.,
Chairman of Working Party 2. GATT/CP.3/60/Rev.1
page 49.
lines. However, on 4th July we learned from the Belgian Delegation
that the Belgian Government was unwilling to proceed on this basis.
Consequently no details were discussed and there was no further time to
consider any alternative proposition. In any case it seemed clear that
the Belgian Government was not prepared to negotiate on these or any
other lines.
I should emphasize there was no intention to make the withdrawal of
the application conditional on these bilateral discussions with the
Belgian Delegation. Had it been possible to reach an agreement in
principle with the Belgian Delegation it would have made it easier for
the Northern Rhodesian Government to remove the import prohibition. As
it is, however, the application has been withdrawn for reasons stated
in the Working Party's report.
I should be grateful if, in accordance with the agreement reached
in the Working Party, you would have this letter annexed to the Working
Party's report.
Yours sincerely,
(Signed) R.J. SHACKLE.
(2) Letter from the Head of the Belgian delegation
to the Chairman of Working Party 2. (Original: French)
30 July 1949.
Sir,
I have the honour herein to give some clarification as to the
scope of the private negotiations that took place in Annecy between the
United Kingdom and Belgian delegations with respect to the Rhodesian
measure prohibting the import of "filled" soap from the Belgian Congo.
In its letter of 25 February (document GATT/CP.3/4/Add.2), the
Belgian Government requested the withdrawal of the said measure, which
in its opinion did not come under the provisions of Article XVIII.
Subsequent to the first discussion that took place in Working
Party 3 at Annecy, the Belgian delegation accepted to submit to its
Government a draft arrangement that could have met the wishes of the
British delegation. GATIT/CP.3/60/Rev.1,
page 50.
Such an arrangement was meant on the one hand to enable the
Rhodesian industry to obtain low-grade palm oil with an 8.5% free fatty
acid content, and on the other to allow the importation into Rhodesia of
a quantity of Congolese "filled" sup manufactured from low-grade palm
oil.
The Belgian Government did riot deem that it could accept such an
arrangement for various reasons:
(1) The policy followed in the Belgian Congo aims at improving the
quality of Congolese oil for reasons of economic soundness and on
account of the anxiety indirectly to improve the standard of living of,
the native population. If the export of low-grade palm oil had been
authorised, such a measure would nave encouraged the manufacture of this
product to the detriment of high-grade oil production.
Such non-discriminatory export prohibition (which also applies to
the metropolitan territory) conforms in any case to the provisions of
Article XI, 2(b).
(2) A derogation in favour of Rhodesia would have constituted
both:
(a) a precedent which other countries might have wished to
invoke and which in the long run would have vitiated the
policy followed in the Belgian Congo;
(b) an impairment of the principle of nondiscrimination that
would have been contrary to the provisions of paragraph 1 of
Article XIII of the General Agreement.
(3) The arguments adduced in support of the need for the Rhodesian
soap industry to be protected against the competition of the Belgian
Congo therefore appeared clearly inadequate.
Indeed:
(a) Since 1947, the Belgian Government has, for the reasons
stated in (1) above, also prohibited the export of soap
made from low-grade oil; there is therefore at present so
such competition as the one that has been referred to,
(b) On account of new developments on the international
market, the export price of high-grade palm oil has now
come up to the level of corresponding prices obtaining
within the Belgian Congo. Therefore, the reason why the GATT/CP.3/6Q/Rev.1
page 51.
Rhodesian industry wished to obtain low-grade oil has
ceased to exist.
(c) The Belgian Congo exports everywhere "soapstoaks" with
7.5% free fatty acid content. If it used this raw
material the Rhodesian soap industry could favourably
compete with the Congolese industry and could even
dispense with tariff protection.
(d) The General Agreement provides further possibilities for
protection such as tariff protection (which in the case
of soap already exists: 25%).
(4) As regards the desire to diversify Rhodesian production, the
attempt to develop an industry that does not find on the spot the
necessary raw material seems hardly to conform to the concept of
economic development.
Such are, Sir, the reasons why the Belgian Government did not
deem that it could accept the proposal submitted to it.
At any rate, the Belgian Government believes it is fully entitled
to maintain its request for the withdrawal of a measure which, in its
opinion, is not eligible under Article XVIII, and the withdrawal of
which was in no way subject to the acceptance of the arrangement
proposed.
I beg to remain, etc.
(Signed) FRANCOIS NYS
Mr. C.L. Hewitt,
Chairman of Working Party 2. |
GATT Library | pr673hn4346 | Future tariff negotiations : Amendments to the Draft Memorandum on Tariff Negotiations (GATT/CP3/WP10/4.Rev.1.) | General Agreement on Tariffs and Trade, September 28, 1949 | General Agreement on Tariffs and Trade (Organization) and Working Party 10 on New Tariff Negotiations | 28/09/1949 | official documents | GATT/CP3/WP10/2/8.Rev.1 and GATT/CP.3/WP.10/2/1-10 WP.10/2/3,6/Corr.1 WP.10/2/5,8,9,10/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/pr673hn4346 | pr673hn4346_91870606.xml | GATT_143 | 402 | 2,648 | RESTRICTED
GATT/CP3/WP10/2/8.Rev.1.
28th September, 1949.
GENERAL AGREEMENT ON TARIFFS AND TRADE
WORKING PARTY 10
FUTURE TARIFF NEGOTIATIONS
Amendments to the Draft Memorandum on Tariff Negotiations
(GATT/CP3/WP10/4.Rev.1.)
1. Amendment of page 1.
The following footnote is to be added to page 1, relating to the
word "Geneva" where it appears in the title:
"(i) The place for the negotiations will be decided at the Fourth
Session of the Contracting Parties in February 1950. Geneva is
mentioned in this Memorandum as a possible place for the
negotiations only because it is the seat of the I.C.I.T.O.
Secretariat."
2. Amendment of page 2.
The following paragraphs are to replace the last paragraph and the
footnote:
"Telegrams are being despatched to all of those countries asking
whether they would be interested in participating in tariff
negotiations, expected to commence on 28th September, 1950, with
a view to acceding to the General Agreement, should such
negotiations be decided upon. The contracting parties will be
informed without delay of the replies received.
"On - September, a communication was addressed to the Allied High
Commission for Germany enquiring whether the Federal Republic of
Germany would be interested in entering into tariff negotiations
with a view to acceding to the General Agreement. A communication
was addressed also to the Republic of Korea."
3. Aamendment of page 6.
The following paragraph is to be inserted after paragraph 1 in
Section IV.
"2. It must be recognised that the foreign trade statistics of
many countries are not compiled on the basis of their customs tariffs
and therefore it cannot be reliably ascertained from the statistics
of trade to which customs duties the various statistical items are
subject. Consequently, participating Governments will, in some
cases, experience difficulty in determining the articles on which
to request concessions and in calculating the value of concessions
offered. Moreover, the customs tariffs of some countries contain
the general, but not the conventional, rates of duty, and the texts
of many statistical and customs publications are not available in
any of the well-known languages. In order to avoid these
difficulties, and to assist in the preparations for the negotiations
and also in the actual conduct of the negotiations, participating
governments are asked to do their best to meet all requests which
may be directed to then for additional information relating to
their tariffs and statistics. (See the proposal of the Delegation
of Czechoslovakia in document GATT/CP/ - )." |
GATT Library | dr079fw6401 | Future tariff negotiations : Copy of airgram despatched by the Executive Secretary of I.C.I.T.O. on 29th August, 1949 informing certain Governments of possible tariff negotiations in 1950 | General Agreement on Tariffs and Trade, September 26, 1949 | General Agreement on Tariffs and Trade (Organization) and Working Party 10 on New Tariff Negotiations | 26/09/1949 | official documents | GATT/CP3/WP10/2/1 and GATT/CP.3/WP.10/2/1-10 WP.10/2/3,6/Corr.1 WP.10/2/5,8,9,10/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/dr079fw6401 | dr079fw6401_91870595.xml | GATT_143 | 480 | 3,577 | RESTRICTED
GATT/CP3/WP10/2/1
26th September, 1949
GENERAL AGREEMENT ON TARIFFS AND TRADE
WORING PARTY 10
FUTURE TARIFF NEGOTIATIONS
Copy of airgram despatched by the Executive Secretary of I.C.I.T.O.
on 29th August, 1949 informing certain Governments of possible
tariff negotiations in 1950.
Airgram addressed to:
Afghanistan Ireland
Argentine Israel
Austria Mexico
Bolivia Nepal
Costa Rica Panama
Ecuador Paraguay
Egypt Peru
El Salvador Philippines
Guatemala Poland
Hashimite Jordan Kingdom Portugal
Iceland Switzerland
Iran Turkey
Iraq Venezuela
"I have the honour to inform you that the Contracting Parties to the
General Agreement on Tariffs and Trade will be considering the possibility
of holding in the autumn of 1950 a third set of tariff negotiations, one of
the objects of which would be to afford an opportunity to countries which
arc not yet parties to the L'grromont to accede to it.
"It is expected that in the near future an inquiry will be issued as
to which governments would be interested in participating in such negotiations
with a view to acceding to the General Agreement as it seems necessary that
the first formalities should take place before the end of this year in
order that the negotiations may be organized.
"For your information and consideration, I am therefore sending you
attached to this Airgram a copy of a memorandum which formed the basis
for the Annecy negotiations for accession to the General Agreement.
"It is expected that if the Contracting Parties decide in favour of
holding further negotiations in 130 they will be conducted on broadly the
same lines as the Annecy negotiations, and a similar memorandum of procedure
All be circulated with the official invitations to participate in the
negotiations addressed to those governments which, in response to the inquiry
referred to above, express their interest in taking Part.
"I am at your service to provide any further information you may require.
Kingly treat this communication as strictly confidential. "
E. Wyndham White,
Executive Secretary. GENERAL AGREEMENT ON TARIFFS AND TRADE
WORKING PARTY 10
CHURCH HOUSE LONDON -
26TH SEPTEMBER, 1949
Members of
Working Party
Names of
Representatives
V.A. Clark.
Australia House,
Strand,
.C.2.
Temple Bar
1567
Extn. 314
G. Cassiers
1, Wilbraham Place,
S.W.1.
I.D. Wilgress
J. H. Warren
Canada House
, i
, White hall
9741
it
i ( -aviser)
-~~~~~ - t;.s.,__
CZECHOSLOVAKIA
Z. Augenthaler
23, 7 Wilton Crescent
D. Lecuyer
Rutland Gate Hotel,
Rutland Gardens,
S.W.7.
NETHERLANDS
J. Boekstal
E. Devries
- -_
Bangor Hotel, Museum
Bedford Place. 1899
NORWAY E. Borresen Norwegian Embassy, I S loane
25, Delgrave Square. 0761
UNITED KINGDOM E.M.T. Casdagli Board of Trade, Whitehall
Millban. 5140
S.W.1. Extn. 733
UNITED STATES Don C. Bliss American Embassy Grosvenor
James H. Lewis 1, Grosvenor Square, 4111
W.1.
AUSTRALIA
Addresses
Telephone
Numbers
CANADA
Sloane
8476
Sloane
0796 or
9241
Sloane
0088
- - g
- * - - -
_ _ _
_ _
itI
ji
r
II |
GATT Library | sc107mf5053 | Future tariff negotiations : Corrigendum to Statement circulated to the Contracting Parties by the Government of the United States of America on September 22, 1949 | General Agreement on Tariffs and Trade, September 22, 1949 | General Agreement on Tariffs and Trade (Organization) and Working Party 10 on New Tariff Negotiations | 22/09/1949 | official documents | GATT/CP3/WP10/2/6.Corr.1 and GATT/CP.3/WP.10/2/1-10 WP.10/2/3,6/Corr.1 WP.10/2/5,8,9,10/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/sc107mf5053 | sc107mf5053_91870603.xml | GATT_143 | 65 | 453 | RESTRICTED
GATT/CP3/WP10/2/6.Corr.1.
GENERAL AGREEMENT ON TARIFFS AND TRADE
WORKING PARTY 10
FUTURE TARIFF NEGOTIATIONS
Corrigendum to Statement circulated to the Contracting Parties
by the Government of the United States of America on September 22, 1949.
The title of this document should read:
"Statement circulated to the Governments represented on the
Working Party by the Government of the United States of
America on September 22, 1949." |
GATT Library | rk625zn3533 | Future tariff negotiations : Draft Report of the Working Party | General Agreement on Tariffs and Trade, September 28, 1949 | General Agreement on Tariffs and Trade (Organization) and Working Party 10 on New Tariff Negotiations | 28/09/1949 | official documents | GATT/CP3/WP10/2/9 and GATT/CP.3/WP.10/2/1-10 WP.10/2/3,6/Corr.1 WP.10/2/5,8,9,10/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/rk625zn3533 | rk625zn3533_91870607.xml | GATT_143 | 457 | 2,990 | RESTRICTED
GATT/CP3/WP10/2/9
28th September, 1949.
GENERAL AGREEMENT ON TARIFFS AND TRADE
WORKING PARTRY 10
FUTURE TARIFF NEGOTIATIONS
Draft Report of the Working Party
The Working Party, appointed at the close of the Third Session at
Annecy (GATT/CP3/SR44), held several meetings in Geneva during the latter
part of August and convened again in London in the last week of September.
In accordance with its terms of reference, the Working party studied.
the possibility of arranging for a third set of tariff negotiations and
completed the drafting of a Memorandum on the conduct of such negotiations;
a copy of the memorandum recommended by the Working Party is attached hereto.
This Memorandum proposes that negotiations among the contracting parties,
and between contracting parties and governments wishing to accede to the
Agreement, should commence on 28th September, 1950, at a place to be
determined by the Contracting Parties at the Fourth Session to be held in
Geneva in February next. Preliminary enquiries concerning participation
in these negotiations have already been addressed to 28 governments which
have not yet entered into negotiations for accession to tile Agreement.
Contracting parties are requested to advise the Executive Secretary of
the Interim Commission for the International Trade Organisation whether
they are in favour of arrangements being made for the conduct of negotiations
on the basis of the attached Memorandum. Replics to this enquiry should
be received not later than 30th October, 1949.
In submitting this report to the Contracting Parties, the Working
Party has been asked to record the following minority view of the
representative of Czechoslovakia concerning the communications addressed
to the Federal Republic of Germany and to the Republic of Korea.
"1. WESTERN GERMANY
The Czechoslovak,delegation expressed its opinion that:
(a) In accordance with point 14 of the Potsdam Agreement, Germany -
during the period of occupation - is to be treated as a single
economic unit especially with regard to imports, exports and
customs.
(b) Not even the Occupation Statute for Western Germany gives to
the West German Government an autonomy in the conduct of its
foreign relations which would give it the necessary capcity to
become eligible for accession to the G.A.T.T.
"2. KOREA
The Czechoslovak delegation does not recognise the Government of
Southern Korea because in its opinion it is a government which came into
the world as a result of forced elections. Czechoslovakia recognises,
as the only legitimate and competent government, the Democratic People's
Republic of Korea, especially as over 77% of the electorate of South Korea
participated in the elections to the Korean Supreme People's Assembly.
The action of the Contracting Parties in inviting Southern Korea would
only widen the gulf between southern and northern Korea and would act in
this way against the future unity of Korea." |
GATT Library | xs192gp4480 | Future tariff negotiations : Draft telegram to be despatched by the Executive Secretary of I.C.T.O. to the 26 Governments which received the eirgram of 29th August, (see GATT/CP3/WPIO/2/1) | General Agreement on Tariffs and Trade, September 28, 1949 | General Agreement on Tariffs and Trade (Organization) and Working Party 10 on New Tariff Negotiations | 28/09/1949 | official documents | GATT/CP3/WP10/2/10 and GATT/CP.3/WP.10/2/1-10 WP.10/2/3,6/Corr.1 WP.10/2/5,8,9,10/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/xs192gp4480 | xs192gp4480_91870609.xml | GATT_143 | 153 | 1,035 | RESTRICTED
GATT/CP3/WPI0/2/10
28th September, 1949.
GENERAL AGREEMENT ON TARIFFS AND TRADE
WORKING PARTY 10
FUTURE, TARIFF' NEGOTIATIONS
Draft telegram to be despatched by the Executive Secretary of
I.C.T.O. to the 26 Governments which received the eirgram of
29th August, (see GATT/CP3/WPIO/2/1)
_________O__
"Referring to my airgram of 29th August, I have been directed
to enquirer whether your Government would be interested in participating
in tariff negotiations commencing on 28th September, 1950, with a
view to acceding to the General Agreement on Tariffs and Trade.
"The contracting parties are expected to take the final
docision on these negotiations on 1st November, 1949, and therefore
your reply to this inquiry is requested not later than
28th October,
"If the contracting parties decide in favour of holding the
negotiations tho Memorandum of procedure together with final
invitation to participate will be addressed to these governments
which express their interest in taking part."
I-
on El EN. |
GATT Library | qv945ng0623 | Future Tariff Negotiations : Enquiry concerning the participation of the Federal Repubic of Germany. First draft. Alternative A | General Agreement on Tariffs and Trade, September 27, 1949 | General Agreement on Tariffs and Trade (Organization) and Working Party 10 on New Tariff Negotiations | 27/09/1949 | official documents | GATT/CP3/WP10/2/5 and GATT/CP.3/WP.10/2/1-10 WP.10/2/3,6/Corr.1 WP.10/2/5,8,9,10/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/qv945ng0623 | qv945ng0623_91870600.xml | GATT_143 | 572 | 3,603 | RESTRICTED
GATT/CP3/WP10/2/5
27th September, 1949.
GENERAL AGREEMENT ON TARIFFS AND TRADE
WORKING PARTY 10
FUTURE TARIFF NEGOTIATIONS
Enquiry concerning the participation of
the Federal Repubic of Germany
FIRST DRAFT
Alternative A
To The Chancellor,
Federal Republic of Germany,
Bonn,
Germany.
Sir,
I have the honour to inform you that the Contracting Parties to the
General Agreement on Tariffs and Trade are considering the possibility of
holding a third set of tariff negotiations commencing on 28th September,
1950, one of the objects of which would be to afford an opportunity to
countries which are not yet parties to the Agreement to accede to it.
Accordingly an enquiry is being issued to ascertain which governments would
be interested in participating in such negotiations with a view to acceding
to the General Agreement at it is necessary that the first formalities should
take place before the end of this year in order that the negotiations may
be organized.
2, For your information and 'consideration, I am therefore sending you
attached a copy of a memorandum (GATT/CP2/26) which formed the basis for the
Annecy negotiations for accession to the General Agreement. It is expected
that if the Contracting Parties decide in favour of holding further
negotiations in September 1950 they will be conducted on broadly the same
lines as the Annecy negotiations, and a similar memorandum of procedure will
be circulated with the official invitation to participate in the negotiations
addressed to those governments which, in response to the enquiry now being
issued express their interest in taking part.
3. It would be appreciated therefore, if you would kindly let me know not
later than 28th October whether the Government of the Federal Republic of
Germany would be interested in acceding to the General Agreement and would
be prepared to enter into the necessary tariff negotiations with the
contracting parties thereto.
4. A copy of this enquiry is being addressed to the Allied High Commission
for Germany.
5. I am at your service to provide any further information you may require.
I have the honour to be, Sir,
Your obedient servant.
Executive Secretary.
I.C. I. T. O. Alternative B
To The Allied High Commission for Germany,
Bonn,
Germany.
Sirs,
1. (As in A).
2. (As in A).
3. I have been directed to enquire whether the Federal Republic of
Germany would be interested in acceding to the General Agreement and would
be prepared to enter into the necessary tariff negotiations with the
contracting parties thereto. This enquiry is directed t. the Government
of the Federal Republic in the belief that authority to enter into such
negotiations has been delegated to that Government, and that in the event
of accession that Government would have the power to make effective the
results of the negotiations and to observe the provisions of the General
Agreement. This enquiry is communicated, however through the Allied High
Commission in order to facilitate any consultations that may be necessary
between the Commission and the Government of the Republic and any further
delegation of powers that may be required to enable the Government of the
Republic to participate in such negotiations.
4. It would be appreciated if I could have the reply of the Government
of the Federal Republic not later than 28th October, and meanwhile I am
at your service to provide any further information that may be required.
I have the honour to be Sirs,
Your obedient servant,
Executive Secretary
I.C. I.T.O. |
GATT Library | xf511gq1283 | Future tariff negotiations : Enquiry concerning the participation of the Federal Republic of Germany. Second draft | General Agreement on Tariffs and Trade, September 27, 1949 | General Agreement on Tariffs and Trade (Organization) and Working Party 10 on New Tariff Negotiations | 27/09/1949 | official documents | GATT/CP3/WP10/2/5.Rev.1 and GATT/CP.3/WP.10/2/1-10 WP.10/2/3,6/Corr.1 WP.10/2/5,8,9,10/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/xf511gq1283 | xf511gq1283_91870601.xml | GATT_143 | 438 | 2,795 | RESTRICTED
GATT/CP3/WP10/2/5.
27th September,1949.
GENERAL AGREEMENTT ON TARIFFS AND TRADE
WORKING PARTY 10
FUTURE TARIFF NEGOTIATIONS
Enquiry concerning the participation of
the Federal Republic of Germany
SECOND DRAFT
To The Allied High Commission for Germany,
Bonn,
Germany.
Sirs,
I have the honour to inform you that the Contracting Parties to the
General Agreement on Tariffs and Trade are considering the possibility of
holding a third set of tariff negotiations commencing on 28th September,
1950, one of the objects of which would be to afford an opportunity to
countries which are not yet parties to the Agreement to accede to it.
Accordingly an enquiry is being issued to ascertain which governments would
be interested in participating in such negotiations with a view to acceding
to the General Agreement as it is necessary that the first formalities should
tale place before the end of this year in order that the negotiations may
be organized.
2. For your information and consideration, I am therefore sending you
attached a copy of a memorandum (GATT/CP/ ) which has been drawn up
for approval by the contracting parties as the basis for the negotiations.
If the Contracting Parties decide in favour of holding further negotiations
in September 1950 an official invitation to participate in the negotiations
will be addressed to those governments which, in response to the enquiry now
being issued express their interest in taking Part.
3. I have been directed to enquire whether the Federal Republic of Germany
would be interested in acceding to the General Agreement and would be prepared
to enter into the necessary tariff negotiations with the contracting parties
thereto. This enquiry is directed to the Govornment of the Federal Republic
in the belief that authority to enter into such negotiations has been delegated
to that Government, and that in the event of accession that Government would
have the power to make effective the results of the negotiations and to
observe the provisions of the General Agreement. This enquiry is communicated,
however, through the Allied High Commission in order to facilitate any cons
consultation that may be necessary between the Commission and the Government
of the Republic and any further delegation of power's that may be required
to enable the Governnment of the Republic to participate in such negotiations
and to undertake any obligations arising therefrom.
4. It would be appreciated if I could have the reply of the Government of
the Federal Republic not later than 28th October, and meanwhile I am at your
service to provide any further information that may be required.
I have the honour to be, Sirs,
Your obedient servant,
Executive Secretary.
I.C.I.T. 0. |
GATT Library | ch118fk2516 | Future tariff negotiations : Enquiry concerning the participation of the Republic of Korea. Draft telegram | General Agreement on Tariffs and Trade, September 28, 1949 | General Agreement on Tariffs and Trade (Organization) and Working Party 10 on New Tariff Negotiations | 28/09/1949 | official documents | GATT/CP3/WP10/2/7 and GATT/CP.3/WP.10/2/1-10 WP.10/2/3,6/Corr.1 WP.10/2/5,8,9,10/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/ch118fk2516 | ch118fk2516_91870604.xml | GATT_143 | 251 | 1,670 | RESTRICTED
GATT/CP3/WP10/2/7
28th September, 1949.
GENERAL AGREEMENT ON TARIFFS AND TRADE
WORKING PARTY 10
FUTURE TARIFF NEGOTIATIONS
Enquiry concerning the participation of
the Republic of Korea
DRAFT TELEGRA
To : The Foreign Minister,
Republic of Korea,
Seoul,
Korea.
"The Contracting parties to the General Agreement on Tariffs and Trade
are considering possibility of holding third set of tariff negotiations
commoncing 28th September, 1950, one of objects of which would be to afford
opportunity to countries not yet parties to Agreement to accede to it.
Accordingly enquiry being issued to ascertain which governments would be
interested in participating as it is necessary that the first formalities
should take place before the end of this year in order that the negotiations
may be organized.
"For your information and consideration, I an therefore sending by
air mail copy of memorandum (GATT/CP/ ) drawn up for approval by
contracting parties as basis for negotiations. If the Contracting Parties
decide in favour of holding negotiations September 1950 an official
invitation to participate will be addressed to those governments which
express their interest in taking part.
"I have been directed to enquire whether the Republic of Korea would
be interested in acceding to the General Agreement and would be prepared
to enter into the necessary tariff negotiations With the contracting parties
thereto. It would be appreciated if I could have the reply of your
Government not later than 28th October.
"I am at your service to provide any further information that may be
required."
Executive Secretary,
I.C.I.T.O. |
GATT Library | zr864gn2502 | Future tariff negotiations : Proposed amendments to the Draft Memorandum on Tariff Negotiations (GATT/CP3/WP 10/4.Rev.1) | General Agreement on Tariffs and Trade, September 28, 1949 | General Agreement on Tariffs and Trade (Organization) and Working Party 10 on New Tariff Negotiations | 28/09/1949 | official documents | GATT/CP3/WP10/2/8 and GATT/CP.3/WP.10/2/1-10 WP.10/2/3,6/Corr.1 WP.10/2/5,8,9,10/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/zr864gn2502 | zr864gn2502_91870605.xml | GATT_143 | 361 | 2,413 | RESTRICTED
GATT/CP3/WP10/2/8
28th September, 1949
GENERAL AGREEMENT ON TARIFFS AND TRADE
WORKING PARTY 10
FUTURE TARIFF NEGOTIATIONS
Proposed amendments to the Draft Memorandum on Tariff Negotiations
(GATT/CP3/WP 10/4.Rev.1)
1. Amendment of page 2.
The following paragraphs are proposed to replace the last paragraph
and the footnote on page 2.
"Telegrams are being dispatched to all of those countries asking
whether they would be interested in participating in tariff
negotiations, expected to commence on 28th September, 1950, with
a view to acceding to the General Agreement should such negotiations
be decided upon. The contracting parties will be informed of the
replies received.
"On September a communication was addressed to the Allied High
Commission for Germany enquiring whether the Federal Republic of
Germany would be interested in acceding to the General Agreement
and in entering into negotiations with that end in view. A
similar communication was addressed to the Republic of Korea."
2. Amendment of page 6.
(To meet the problems mentioned by the representative of
Czechoslovakia in document GATT/CP3/WP10/2/2).
The following paragraph is proposed for insertion after paragraph 1
in Section IV.
"2. It must be recognised that the foreign trade statistics of most
countries are not compiled on the basis of their customs tariffs and
therefore it cannot be reliably ascertained from the statistics of
trade to which customs duties the various statistical items are
subject. Consequently, participating Governments will, in some
cases, experience difficulty in determining the articles on which
to request concessions and in calculating the value of concessions
offered. Moreover, the customs tariffs of some countries contain
the general, but not the conventional rates of duty, and the texts
of many statistical and customs publications are not available in
any of the well -known languages. In order to avoid these difficulties,
and to assist in the preparations for the negotiations and also in
the actual conduct of the negotiations, participating governments are
asked to do their best to meet all requests which may be directed to
them for additional information relating to their tariffs and statistics."
If the foregoing paragraph is approved for insertion in page 6, the
subsequent paragraphs of Section IV would have to be renumbered. |
GATT Library | rw464px2655 | Future tariff negotiations : Report of the Working Party | General Agreement on Tariffs and Trade, September 28, 1949 | General Agreement on Tariffs and Trade (Organization) and Working Party 10 on New Tariff Negotiations | 28/09/1949 | official documents | GATT/CP3/WP10/2/9.Rev.1 and GATT/CP.3/WP.10/2/1-10 WP.10/2/3,6/Corr.1 WP.10/2/5,8,9,10/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/rw464px2655 | rw464px2655_91870608.xml | GATT_143 | 609 | 3,964 | RESTRICTED
GATT/CP3/1P10/2/9.Rev. 1.
28th September, 1949.
GENERAL AGREEMENT ON TARIFFS AND TRADE
WORKING PARTY 10
FUTURE TARIFF NEGOTIATIONS
Report of the Working Party
1. The Working Party, appointed at the close of the Third Session at Annecy
(GATT/CP3/SR44), held several meetings in Geneva during the latter part of
August and convened again in London in the last week of September.
2. In accordance with its terms of reference, the Working Party studied the
possibility of arranging for a third set of tariff negotiations and completed
the drafting of' a Memorandum on the conduct of such negotiations; the
Memorandum recommended by the Working Party is attached hereto. This
Memorandum proposes that negotiations among the contracting parties, and between
contracting parties and governments wishing to accede to the Agreement, should
commence on 28th September, 1950, at a place to be determined by the CONTRACTING
PARTIES at the Fourth Session to be held in Geneva in February next. Prelinmnary
liminary enquiries concerning participation in these negotiations have already
been addressed to 28 governments which have not yet entered into negotiations
for accession to the Agreement and to the Government of Colombia.
3. Contracting parties are requeted to advise the Executive Secretary of the
Interim Commission for the International Trade Organisation whether they are in
favour of arrangemrents being made for the conduct of negotiations on the basis
of the attached Me:-oDrandum. Rerolies to this enquiry should be received not later
than 30th October, 1 p49.
4. After discussion at the London meeting, the working Party came to the
conclusion that the Governments of the Federal Republic of Germany and the
Republic of Korea were eligible to accede to the General Agreement and could
receive the enquiry as to whether they would be interested in accession, The
representative of Czechosloval:ia expressed the opposition of his Government
to the enquiry being addressed to these two Governments and as-:ed that the
following statement be recorded in the Working Party's report to the Contracting
Parties.
"WESTERN GERMANY The Czechoslovak delegation expressed its opinion that:
(a) In accordance with point 14 of the Potsdam, Agreement, Germany -
during the period of occupation - is to be treated as a single economic
unit especially with regard to imports, exports and customs.
(b) Not even the Occupation Statute for Western Germany gives to the
West German Government an autonomy in the conduct of its foreign
relations which would give it the necessary capcity to become eligible
for accession to the G.A.T.T.
"KOREA The Czechoslovak- Government does not recognise the Government of
Southern Korea because in its opinion it is a government which came into
the world as a result of forced elections. Czechoslovakia recognises,
as the only legitimate and competent government, the Democratic People's
Republic of K'orea, especially as over 776/o of the elctorate of South Korea
participated in the elections to the EKorean Supreme People's Assembly.
The action of the Contracting Parties in inviting Southern Korea would
only widen the gulf between southern and northern Korea and would act
in this way against the future unity of Korea."
5. At the London meeting the Working Party also discussed the desirability
of extending the enquiry to the Government of Japan. The majority were opposed.
The United States representative expressed disappointment that the working Party
was not able to recommend at this time that Japan be invited to participate in
the third round of negotiations; he noted with satisfaction, however, that a
large majority of the delegates agreed in principle that Japan should eventually
be brought into the comity of trading nations, and he reaffirmed the belief
of his Government that this is necessary for a peaceful and prosperous world. |
GATT Library | vb371tq8053 | Future tariff negotiations : Repot of Working Party 10 of the Third Session | General Agreement on Tariffs and Trade, September 30, 1949 | General Agreement on Tariffs and Trade (Organization) | 30/09/1949 | official documents | GATT/CP/36 and GATT/CP/36+Corr.1* | https://exhibits.stanford.edu/gatt/catalog/vb371tq8053 | vb371tq8053_90300127.xml | GATT_143 | 3,134 | 20,608 | URGENT ACTION
GENERAL AGREEMENT ACCORD GENERAL SUR RESTRSTED
ON TARIFFS AND LES TARIFS DOUANIERS LIMITED C
GATT/CP/36
T E ET LE COMMERCE 30 September 1949
GENERAL AGREEMENT ON TARIFFS AND TRADE
FUTURE TARIFF NEGOTIATIONS
Repot of Working Party 10 of the Third Session
1. The Working Party, appointed at the close of the Third Session at
Annecy (GATT/CP3/SR44), held several meetings in Geneva during the
latter part of August and convened again in London in the last week of
Septmber.
2. In accordance with its terms of reference., the Working Party
studied the possibility of arranging for a third set of tariff
negotiations and completed the drafting of a Memorandum- on the conduct
of such negotiations; the Memorandum recommended by the Working Party
is annexed hereto. This Memorandum proposes that negotiations among
the contracting parties, and between contracting partie s and govern-
ments wishing to accede to the Agreement, should commence on
28th Sept emher, 1950, at a place to be deternined by the CONTRACTING
PARTIES at the Fourth Session to be-held in Geneva in February next.
Praliminary enquiries concerning participation in those negotiations
have already been addressed to 28 governments which have not yet
entered into negotiations for accession to the Agreement and to the
Government of Colombia,
3. Contracting parties are requested to advise the Executive Secretary
of the Interim Commission for the International Trade Organisation
whether they are in favour of arrangements being made for the conduct
of negotiations on the basis of the annexed Memorandum. Replies to
this enquiry should be received not later than 30TH October, 1949.
4. After discussion at the London meeting, the Working Party came to
the conclusion that the Governments of the Federal Republic of Germany
and the Republic of Korea were eligible to accede to the General
Agreement and could receive the enquiry as to whether they would be
interested in accession. The representative of Czechoslovakia expressed - 2 -
the opposition of his Government to the enquiry being addressed to these
two Governments and asked that the following statement be recorded in
the Working Party's report to the Contracting Parties.
"WESTER GERMANY The Czechoslovak delegation expressed its
opinion that:
(a) In accordance with point 14 of the Potsdam Agreement,.
Germany - during the period of occupation - is to be treated as
a single economic unit especially with regard to imports. exports
and customs.
(b) Not even the Occupation Statute for Western Germany gives
to the West German Government an autonomy in the conduct of its
foreign relations which would give it the necessary capacity to
become eligible for accession to the G.A.T.T.
"KOREA The Czechoslovak Government does not recognise the
Government of Southern Korea because in its opinion it is a
government which came into the world as a result of forced
elections. Czechoslovakia recognises, as the only legitimate
and competent government, the Democratic Peoplets Republic of
Korea, especially as over 77% of the electorate of South Korea
participated in the elections to the Korean Supreme Peoplets
Assembly. The action of the Contkacting Parties in inviting
Southern Korea would only widen the gulf between southern and
northern Korea and would act in this way against the future
unity of Korea."
5. At the London meeting the Working Party also discussed the
desirability of extending the enquiry to the Government of Japan. The
majority were opposed, The United States representative expressed
disappointment that the Working Party was not able to recommend at this
time that Japan be invited to participate in the third round. of
negotiations; he noted with satisfaction, however, that a large majority
of the delegates agreed in principle that Japan should eventually be
brought into the community of trading nations, and he reaffirmed the
belief of his Government that this is necessary for a peaceful and
prosperous world. - 3 -
A N N E X
MOMORANDUM ON TARIFF NEGOTIATIONS
(1)
To be held in [Geneva] commencing 28 September, 1950
I. Purpose of the Negotiations
The Contracting Parties to the General Agreement on Tariffs and
Trade will hold a third set of tariff negotiations commencing on
28 September 1950 at [Geneva, Switzerland]. These negotiations will
include three categories:
(a) Negotiations directed towards the accession o1 countries
not included among those which have or may become contracting parties as
a result of the 1947 and 1949 negotiations, In most cases these
countries are or will be enjoying the benefit of the tariff reductions
resulting from those negotiations., but even so they may welcome the
opportunity to obtain these benefits in their own right and to negotiate
for further concessions on the products of most interest to them.
Consequently, it is anticipated that an acceding government will be
prepared to negotiate with any contracting party and with any other
acceding government.
(b) Negotiations between contracting parties which
participated in the Geneva and Annecy conferences without concluding
bilateral negotiations and wish to enter into tariff negotiations
during 1950.
(c) Negotiations between contracting parties which concluded
tariff negotiations at Geneva or Annecy and desire to enter into
negotiations for new or additional reciprocal tariff concessions, (2)
(1) The place for the negotiations will be decided at the Fourth Session
of the Contracting Parties in Februar 1950. Geneva is mentioned in
this Memorandum as a possible place for the negotiations only because
it is the seat of the IC.I.T.O. Secretariat.
(2) :t is not contemplated that these negotiations will be the occasion
for upward adjustments in the rates of duty specified in the schedules
to the Agreement. However, the presence of delegations of the con-
tracting parties may provide the opportunity fow those countries
which wish to do so, to undertake consultations in accordance with
the provisions of Article XXVIII of the Agreement, - 4 - With regard to (a), a communication was addressed on 29th August'
to the following countries, which accepted the invitation to participate
in the Havana Conference and which are eligible for membership in the
ITO according to the provisions of Article 71 of the Charter, informing
then that the possibility of arranging for a third set of tariff
negotiations in the autumn of 1950 is likely to be considered by the
Contracting Parties and forwarding for their information a copy of the
Memorandum on the Annecy negotiations (GATT/CP.2/26)
American Republics Europe Middle and Far East
Argentina Austria Afghanistan
Bolivia Iceland Egypt
Costa Rica Ireland Hashimite Jordan Kingdom
Ecuador Poland Iran
El Salvador Portugal Iraq
Guatemala Switzerland Philippines
Mexico Turkey
Panama
Paraguay
Peru
Venezuela
This communication was addressed also to countries which did not
have the opportunity of participating in the Havana Conference because
they did not receive an invitation to so participate, namely Israel
and Nepal.
Telegrams are being despatched to all of those countries asking
whether they would be interested in participating in tariff
negotiations, expected to commence on 28th September, 1950, with a view
to acceding to the General Agreement, should such negotiations be
decided upon, The contracting parties will be informed without delay
of the replies received.
On 30th September, a communication was addressed to the Allied
High Commission for Germany enquiring whether the Federal Republic of
Germany would be interested in entering into tariff negotiations with
a view to acceding to the General Agreement, A communication was
addressed also to the Republic of Korea.
In order that all the countries concerned may have time to make
the necessary preparations for the negotiations which will commence in - 5 -
[Geneva] on 28 September 1950, the Secretariat will notify by telegraph,
not later than 15 November 1949 a lit of the Governments which have
accepted the invitation of the CONTRACTING PARTES.
II. Scope of the Negotiaions
It is intended that the courntries participating in the negotiations
in 1950 will propose for negotiation those of their products of which
they individually, or collectively, are, or are likely to be, the
principal suppliers to the countries from which the concessions are
asked. This will apply to negotiations between contracting parties
and in the case of a new acceding government, the latter will be
expected to consider the grant of concessions, as a general rule, on
products of which any participating country or any group of participating
countries, is, or is likely to be, the principal supplier, And a
contracting party will, as a general rule, be expected to consider the
grant of concessions on product of which any acceding country by itself
or together with other participating courntries, constitutes, or is
likely to constitute; the principals source of supply.
The Havana Charter provides that in addition to custom tariffs
and other charges on imports and exports, certain regulations, quotas,
protection afforded through the operation of impot and export
monopolies, etc. shall he subject to negotiaton in the 'manner
provided in Article 17. The relevant provisions are contained in
Articles 16 (including the Annexes thereto), 18, 19 and 31. According-
ly, requests may be submitted for conssions in respect of matters
covered by these provisions in the same way as requests f or tariff
concessionse.
III, Methods o. Negotiation
1. The negotiations will be conducteed in accordance with the rules
set forth in paragraph 2 of ArticIe 17 of the Havana Charter, i.e.
(a) The negotiations shall be conducted on a selective product-
by-product basis which will affrod adequate opportunity to take .into
account the needs of individual countries and individual industries.
Participating government will be free not to grant concessions on
particular products and, in the granting of a concession, they may reduce
the duty, bind it at its then existing level, or undertake not to raise
it above a specified higher level, - 6 - (b) No participating government shall be required to grant
unilateral concessions, or to grant concessions to other governments
without receiving adequate concessions in return. Account shall be
taken of the value to any government of obtaining in its oin right and
by direct obligation the indirect concessions already embodied in the
Schedules to the General Agreement,
(c) In negotiations relating to any specific product with
respect to which a preference applies,
(i) when a reduction is negotiated only in the most-
favoured-nation rate, such reduction shall operate automatically to
reduce or eliminate the margin of preference applicable to that product;
(ii) when a reduction is negotiated only in the preferential
rate, the most-favoured-nation rate shall automatically be reduced to
the extent of such reduction;
(iii) when it is agreed that reductions will be negotiated in
both the most-favoured-nation rate and the preferential rate' the
reduction in each shall be that agreed by the parties to the negotiations;
and
(iv) no margin of preference shall be increased.
(d) The binding against increase of low duties or of duty-free
treatment shall in principle be recognized as a concession equivalent
in value to the substantial reduction of high duties or the elimination
of tariff preferences.
(e) Prior international obligations shall not be invoked to
.frustrate negotiations with respect to preferences, it being understood
that agreements which result from such negotiations and which conflict
with such obligations shall not require the modification or termination
of such obligations except with the consent of the parties to such
obligations, or in the absence of such by modification or termination
of such obligations in accordance with their terms,
2. An important consideration to be taken into account by the acceding
governments in their negotiations with contracting parties is the
indirect benefit they are enjoying as a result of the concessions
exchanged by the latter at Geneva and Annecy. It will be expected,
therefore, that in granting tariff concessions acceding governments will
take into consideration these indirect benefits and those which will - 7 -
result from new negotiations among contracting parties, Similarly,
all the participating governments will be expected to take into con-
sideration the indirect benefits which they will receive from the
negotiations between the acceding governments themselves and between
them and the contracting parties.
3. In order to ensure the success of the negotiations, the
participating governments shall refrain from increases in tariffs and
other protective measures inconsistent with the principles of the
Havana Charter and designed to improve the bargaining position of these
governments in preparation for the negotiations. As a general rule,
the basis for negotiations shall be the rates of duty in effect on
15 November 1949.
4. In exceptional cases a country may find that a general revision
.of its tariff prior to the negotiations is unavoidable. In making
any such revision, the country concerned should have regard to the
principles stated in the preceding paragraph. In the event of a
change in the form of tariff or a general revision of rates of duties
to take account of either a rise in prices or the devaluation of the
currency of the country which has introduced the new tariff, the
effects of such change or such revision would be a matter for con-
sultation between the acceding country and the other participating
countries, acting jointly, in order to determine first, the changes if
any, in the incidence of the duties of the country concerned, and
secondly, whether the change affords a reasonable basis for a reciprocal
and mutually advantageous conclusion of the negotiations. Moreover,
except in special circumstances, any general revision in tariff
nomenclature of rates of duty shall not be considered a satisfactory
basis for negotiations unless it has been promulgated prior to
28 September, 1950.
IV. Timetable for the Negotiations
1. At the earliest possible date and in no case later than
22 November, 1949, each participating government will send to each other
participating government and to the Secretariat, three copies of its
current customs tariff, details of other import charges or taxes and one
copy (if possible, three) of its annual import trade statistics for
postwar years, In addition, it is requested that every effort should
be made to supply average import statistics for 1936 to 1938 or, if this - 8 - is not possible, statistics for 1936, 1937 and. 1938, or if neither of
these is possible, statistics for the most representative pre-war year
Governments which participated in the Geneva and/or Annecy negotiations
will not be expected to supply copies to governments to which they were
supplied on those previous occasions, but they will be expected to supply
details of subsequent tarif changes and copies of any more recent trade
statistics that may be available. In cases where transmission by
surface post will occupy more than one week, the documents should be
despatched by air mail. Each participating government will advise
the other participating government and the Secretariat, by telegram,
the particulars of the documents despatched and the date and method (
of despatch.
2. It must be recognised that the fureign trade statistics of may
countries are not comopiled on the basis of their customs tariffs and
therefore it cannot be reliably ascertained from the statistícs of
trade to which customs duties the various statisticall items are subject.
Consequently, participating governments will, in some cases , xperience
difficulty in determining articles on which to request concessions
and calculating the value of concessions offered, Moreover, the
customs tariffs of some countries contain the general, but riot the
conventional, rates of duty, and the texts of many statistical and
customs publications are not, available in any of the well-known languages.
In order to avoid these difficulties and to assist in the preparations
for the negotiations and also in the actual conduct t of the negotiations,
participating governments are asked to do their best to meet all
requests which may be directed to them for additional information
relating to their tariffs and statrícs. (See the proposal of the
Delegation of Czechoslovakia document GATT/CP/37).
3. Not later than. 15 January; 1930 each participating government will
transmit, by the most expeditious means available, to each other
participating government, with which it to to negotiate, a list of
the products on which it intends to request concessions. Sixty copies
of each list will be sent simultaneously to the Secretariat for dis-
tribution to the other participating governments. In order to
facilitate preparations for the negotiations it is important that the
date of 15 January be adhered to. The United States Government is
required by its statutory procedure to give public notice of all items - 9 - in its tariff which are to be the subject of negotiations, and therefore
it will not be possible for that government to enter into negotiations
on any products which are not included in these lists. A similar
situation may exist for certain other governments and therefore items
not included in these lists may be excluded from the negotiations.
4. Not later than 15 June, 1950, each government will transmit to
each other participating government a final list of the tariff and
other concessions which it requests from that government. Sixty
copies of each list will be sent simultaneously to the Secretariat for
distribution to the other participating governments. It is strongly
recommended that all countries send their lists as early as possible
in advance of 15 June, 1950.
5. On 28 September, 1950 - that is, on the first day of the meeting
in [Geneva] - each government should be ready to make known the
concessions it is prepared to offer to each government from which a
request for concessions was received. These offers should include an
indication of the existing and of the proposed rate of duty on each item.
When the offers have been exchanged, negotiations between pairs of
delegations will begin.
6. It will be understood that any two participating governments may
arrange between themselves to conduct bilateral talks in advance of the
multilateral negotiations in [Geneva]. In that event the exchange of
requests and offers may be arranged to take place at earlier dates than
those stipulated above. In the event that bilateral talks should be
successfully concluded prior to 28 September, 1950 the results will be
reported at the opening of the [Geneva] meeting.
V. Procedures at [Geneva]
In accordance with the successful procedure adopted at Geneva
1947 and at Annecy in 1949, a "Tariff Negotiations Working Party" will be
established at the opening of the conference. This Working Party will
be responsible for ascertaining the progress of the negotiations and will
make recommendations on questions of procedure and other matters connected
with the conduct and the conclusion of the negotiations In addition,
arrangements will be made to prevent the disclosure of confidential
material. - 10 -
Each participating government will prepare for distribution
through the Secretariat a consolidated list of the concessions it has
granted and a supplementary list showing the country or countries with
which each concession was initially negotiated. When all the
negotiations are completed the accession of governments; not
previously contracting parties, will be effected by appropriate
instruments. The concessions granted will thereby be incorporated
in the Agreement. |
GATT Library | hj274cs9548 | Future tariff negotiations. Statement circulated to the Contracting Parties by the government of the United States of America on September 22,1949 | General Agreement on Tariffs and Trade, September 27, 1949 | General Agreement on Tariffs and Trade (Organization) and Working Party 10 on New Tariff Negotiations | 27/09/1949 | official documents | GATT/CP3/WP10/2/6 and GATT/CP.3/WP.10/2/1-10 WP.10/2/3,6/Corr.1 WP.10/2/5,8,9,10/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/hj274cs9548 | hj274cs9548_91870602.xml | GATT_143 | 460 | 3,069 | RESTRICTED
GATT/CP3/WP10/2/6
27th September, 1949.
GENERAL AGREEMENT ON TARIFFS AND TRADE
WORKING PARTY 10
FUTURE TARIFF NEGOTIATIONS
STATEMENT CIRCULATED TO THE CONTRACTING PARTIES BY THE GOVERNMENT OF THE
UNITED STATES OF AMERICAN
SEPTEMBER 22,1949
"At Annecy the Working Party reached substantial agreement on plans
for the third round of tariff negotiations in September, 1950, except
for the inclusion of Western Germany, Korea and Japan. It is expected
that the forthcoming London session of the Working Party will be
principally occupied with the issue of whether invitations should be sent
to these three countries. The president has approved the U.S. position
that these countries be invited to the next session.
"The United States believes that the inclusion of these countries in
the next round of tariff negotiations is in the mutual interest of these
countries and of the Contracting Parties. Failure to bring them into
international arrangements for the conduct of trade on a mutually
advatageous and expanding basis retards the achievement of a self-supporting
position of these countries and hampers world economic recovery.
"Re-establishment of their foreign economic relations as promptly as
possible on an orderly and sound basis would be helpful to all trading
countries, particularly to those in Western Europe and the Far East whose
economics traditionally and naturally arc dependent on Germany and Japan
as markets or as sources of supply, or both. Accession now would assure
the development of the post-war trade policies of Western Germany, Korea
and Japan along sound lines in confomity with the principles for the
conduct of trade set forth in GATT, and would tend to retard the development,
after occupation control are ended, of unfair competitive practices.
It would also contribute to political stability, while a contrary course
would tend to brced serious resentment and political dissatisfactions,
which are particularly dangerous in present circumstances.
"U.S. negotiations with these countries would involve important
segments of the tariff not yet touched (due to traditional adherence to
the principal supplier rule), which would benefit not only West German,
Korean and Japanese exports to the United States, but also those of other
countries, thus contributing to the general expansion of dollar-earning
exports.
"The natural position of Germany and Japan in the world community is
so important that association in GATT is imperative if the broad purposes
for which that organization stands are to be realized. The U.S.
believes that our invitation to join should not be postponed further.
In the case of Japan particularly it should form part of the comprehensive
economic stabilization program now under way, in connection with which
the establishment of a single general exchange rate has already been
arranged.
"In the case of Japan, also, participation in the next round of
negotiations would make the conclusion of separate MFN agreement unnecessary." |
GATT Library | wn231mx0536 | Future tariff negotiations : Telegram to be despatched by the Executive Secretary of IC.I.T.O. to the 26 Governments which received the airgram of 29th August, (see GATT/CP3/WP10/2/1) | General Agreement on Tariffs and Trade, September 28, 1949 | General Agreement on Tariffs and Trade (Organization) and Working Party 10 on New Tariff Negotiations | 28/09/1949 | official documents | GATT/CP3/WP10/2/10 Rev.1 and GATT/CP.3/WP.10/2/1-10 WP.10/2/3,6/Corr.1 WP.10/2/5,8,9,10/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/wn231mx0536 | wn231mx0536_91870610.xml | GATT_143 | 221 | 1,416 | RESTRICTED
GATT/CP3/WP10/2/10 Rev. 1
28th September, 1949.
GENERAL AGREEMENT ON TARIFFS AND TRADE
WORKING PARTY 10
FUTURE TARIFF NEGOTIATIONS
Telegram to be despatched by the Executive Secretary of IC.I.T.O.
to the 26 Governments which received the airgram of 29th August,
(see GATT/CP3/WP10/2/1)
"Referring to my airgram of 29th August, I have been directed
to onquire whether your Governmunt would ba interested in
participating in tariff negotiations commencing on 28th September,
1950, with a view to acceding to the General Agreement on Tariffs
and Trade.
"The CONTRACTING PARTIES are expected to take the final
decision on those negotiations on 30th October, 1949, and
therefore your reply to this inquiry is requested if possible by
15th October, and in any event not later than 28th October.
"If the CONTRACTING PARTIES decide in favour of holding the
negotiations the Memorandum of procedure together with final
invitation to participate will be addressed to those governments
which express their interest in taking part.
"A copy of the Memorandum which has been drawn up for the
approval of the contracting parties, setting forth the basis upon
which the negotiations would be conducted, is being sent to you by
airmail. This Memorandum is substantially along the lines of that
contained in document GATT/CP2/26 of which a copy was sent to you
with my airgram of 29th August. " |
GATT Library | fb156kj2317 | Future tariff neotiations : Proposal of the representative of Czechoslovakia on the Memorandum on Tariff Negotiations (GATT/CP/36) | General Agreement on Tariffs and Trade, September 30, 1949 | General Agreement on Tariffs and Trade (Organization) | 30/09/1949 | official documents | GATT/CP/37 and GATT/CP/37 | https://exhibits.stanford.edu/gatt/catalog/fb156kj2317 | fb156kj2317_90300130.xml | GATT_143 | 1,066 | 6,995 | RESTRICTED
LIMITED C
GENERAL AGREEMENT ACCORD GENERAL SUR
GATT/CP/37
ON TARIFFS AND LES TARIFS DOUANIERS 30 September 1949
TRADE ET LE COMMERCE ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FUTURE TARIFF NEOTIATIONS
Proposal of the representative of Czechoslovakia on the
Memorandum on Tariff Negotiations (GATT/CP/36)
The Memorandum on Tariff Negotiations, in Section IV
"Timetable for the Negotiationst", paragraph 1, requires each
participating government to send to each other participating
government, as well as to the Secretariat, before 22 November 1949
copies of its customs tariff and of its annual trade statistics for
postwar years and for the years 1936, 1937 and 1938. In this way
each government should be infomed about customs duties, past and
present, on goods exported to the country with which it intends to
negotiate for tariff concessions. This provision is intended to
assist each country in determining the kinds of goods on which it
intends to request concessions (in accordance with Section IV, para. 2)
and also to provide a basis for the calculations provided for in
Section III, para. 1(b), and para. 3. For these purposes, however,
these provisions are insufficient for the following reasons:
(a) The statistics of foreign trade of very few countries are
compiled in relation to their customs tariffs. Usually it
cannot be relibly ascertained from these statistics to which
customs duties the different statistical items are subject,
even if one has both the customs tariff and the statistics of
external trade, (These difficulties are encountered even in
national customs administrations; the task being often
impossible without consulting explanatory notes. to the customs
tariff. These difficulties are even greater when dealing
with foreign customs tariffs). GATT/CP/37
page 2
(b) Many countries are publishing their annual import surveys by
statistical items but not by countries of origin, though we may
assume that they have this classification for their own use.
Some countries do publish the import details classified according
to the exporting countries, but the further classification is
made only by whole categories of goods not by statistical items.
In both cases the compiling of a complete list of imported goods
from one country, according to the statistical items, on the:
basis of the above mentioned documents, is very difficult and
inaccurate: difficult - because we have to extract from all
statistical items the data relating to the exporting country
concerned, inaccurate - because many smaller imports are usually
comprised under the heading "Other countries".
(c) Some customs tariffs contain only general (autonomous) rates
but no conventional rates. There are customs tariffs so
complicated that without special instructions - which generally
do not accompany the tariffs - it is impossible to calculate the
actual customs duties for the different items,
(d) The texts of many statistical and customs publications in
original languages, without translations into one of the world
languages, are intelligible in other countries only to a very
few experts who are charged with preparatory work for the
negotiations during the conference. This makes the whole work
very slow and difficult.
All these difficulties could be avoided if each participating
government were obliged to submit on request to any other
participating country a detailed extract from its import statistics.
In order that this extract could be used not only for the analysis
necessary to the choice of items and concessions required but for the
calculations provided for in Section III of the Memorandum. It
should contain for each statistical item also the data required in the
annexed draft.
Ad column 3. The item of the international (Geneva)
classification corresponding to a certain statistical item is well
known to the Statistical Office of the country concerned, but it is
difficult to ascertain it in a foreign country. It is necessary to GATT/CP/37
page 3
know the item of the international classification as it helps to
classify each statistical item into the whole system of classification
according to the use which would be made of the particular commodity
(e.g. raw material for industry, foodstuffs, consumer goods,
manufactured goods for investments, etc.).. It can be assumed that
for the calculations of concessions provided for, but not yet exactly
determined, (Section III, para. 1(b)) and for the calculations of the
tariff incidence (Section III, para. 3) it would be necessary to
distinguish between the assessment of duties on raw materials and on
manufactured goods.
Ad column 4. The description of goods in English or French
languages would greatly facilitate the preparatory work for
negotiations with countries using in their publications less known
languages.
The information about the, rate of exchange of the USA dollar in
the years 1937, 1946, 1947, 1948 and 1949 is very useful in
examining the customs duties and the tariff incidence in the cases
where there are specific duties. This point would be very important
during the next conference as so many countries have recently
devalued their currencies.
The government requesting from each other participating government
the extracts as described above would have to ask for them before
22 November 1949 - the date fixed in Section IV for despatching the
publications. The other government should send back the established
lists, according to this suggestion, not later than 1 January 1950, as
each participating and acceding government is bound to despatch its
lists of requests before 15 January 1950.
The preparation of such extracts should be considered an obligation
for each participating and acceding government (even for a later date,
e.g. 1 July 1950). In this way valuable material would be gathered
for the valuation of the actual lowering of the whole level of customs
duties attained at the Geneva and Annecy conferences, and as a basis
for the similar valuation for the next conference beginning in
September, 1950. RAFT FROM
Columns 5 and 7 Quantity in ...........
Columns 6 and S Value in .......
Columns 9 to 18 Rates of Customs
Duties in ...............
Rates of Exchange in U.S. Dollars
15.XI.1937 ......... ..
15.XI.1938 ...............
15.XI.1946 .. . ...
15.XI.1947 ...............
15.XI.1948 ........
15.XI.1949 ...............
The customs duties given columns 9 to 18 are
those valid as on 15th November of the year concerned.,
The columns 10 to 13 and 15 to 18 to be filled out only
if t here were any changes in rates of duties;
Rates of Customs Duties
Description of Goods
Autonomous
Conventional
1946 11947 1948 1949
Statis-
tical
Items
Customs
Tarif f
Minimum
List
3
1 3
Annex
4
Customs |
GATT Library | kn350mc1647 | Futures negociations tarifaires : Rapport du Groupe de travail n° 10 de la troisièmr session | Accord General sur les Tarifs Douaniers et le Commerce, September 30, 1949 | General Agreement on Tariffs and Trade (Organization) | 30/09/1949 | official documents | GATT/CP/36 and GATT/CP/36+Corr.1* | https://exhibits.stanford.edu/gatt/catalog/kn350mc1647 | kn350mc1647_90300128.xml | GATT_143 | 3,357 | 22,618 | URGENT
RESTRICTED
LIMITED C
GATT/CP/36
ACCORD GENERAL SUR LES TARIFS 30 september 1949 FRENCH
DOUANIERS ET LE COMMERCE Original: ENGLISH
ACCORD GENERAL SUR LES TARIFS DOUANIERS-
ET LE COMMERCE
FUTURES NEGOCIATIONS TARIFAIRES
Rapport du Groupe de travail n° 10 de la troisièmr session
1. Le Groupe de travail, institué à la fin de la troisième session
d'Annecy (GATT/CP.3/SR.44), s'est réuni à plusieurs reprises à Genève
pendant les derniers jours du mois d'aout et aussi à Londres pencent
la dernière semaine de septembre.
2. Confonmément à son mandat, le Groupe de travail a étudié la pos-
sibilité d'organiser une troisième série de négociations tarifaires
et a terminé la rédaction du memorandum sur la conduite de ces négocia-
tions; on trouvera oi-jcint en Annexe le Memorandum dont le Groupe de
travail recommande l'adoption. Ce Memorandum propose que les négocia-
tions entre les parties contractantes et entre le parties contractantes
et les gouvernements désireux d'adhérer à l'Accord, commencent le 28
septembre 1950 au lieu qui sera fixé par les PARTIES CONTRACTANTS au
cours de Ia quatrième session qui se tiendra à Genève en février pro-
chain. La question de la participation à ces négociations a déjà été
posée, à titre préliminaire, à 28 gouvernements qui n'ont pas encore
entamé de négociations en vue de leur adesion é l'accord , ainsi qu'au
Gouvernement de Colombie.
3.. Les partiess contractantes voudront bien faire connaitre au Secré-
taire exécutif de la Commission intérimaire de l'0rganisation interna-
tionale du commerce si elles acceptent que des dispositions soient
prises pour que des négociations s'effectuent sur la base du memorandum
ci-annexé. Les réponses à cette question devront parvenit au plus tard
le 30 octobre 1949. GATT/CP.3/36
Page 2
4. A la suite d'un éChange de vues à sa réunion de Londres, le
Group de travail est parvenu à la conclusion que les Gouvernements
de la République fédérale d'Allemagne et de la République de Corée
réunissaient les conditions requises pour Adhérer à l'Accord général,
et qu'il était possible de leur demeander s'ils é6siraient y adéere.e
Le repécsentant de la Tcéecoslovaquie a fait conniltre que son Gouver-
nementéetait oppoé6à' co que cette question uMt adeosé6eàA ces deux
gouvernee-nts; il a demané6 que la écclarnatocn sui vante figuact dans
le rapport du Groupe de travailarux Parties contractantes:g
" ALEMA.GNE OCCIDENASL -t La é6écgation de Tcé6coslovaquie a ex-
prié6l' opinion suivant
(a) Confcomnéent au point 14 de l'-cAcord de Paotdam,
ld'Alemagne, tant quoedurera l'occupation, doit fêre
traiteé comme une entityé6éonomiqueu lnqiu, particuleiè
rement en ce qui concerne leasimportations, leasex-
portations et les douanes.
(b) Mtêe le Statut d'occupatico pour l'Allemagnoeocci-
dentale ne conf~èe pas au Gcovernemoet de 1lAllemagne
occidental elf'utoncome en matieèe de relations ext&é
rieures qui permettrait aàce Gouvernement de remplir
leasconditions neéessiires pour adh6éer Aàll'ccord
g6é~éal.
COERE - Le Gouvernement tcheéoslovaque ne reconnafi pas
le Gouvernment de la Cor6é mnéidionales,qul'l consideèed
comme un gouvernement issu d0'éections forceés. La Tcheé
coslovaquie reconnafi comme soul gouvernement l6égtime
et competent la R4éublique populiare d6éocratique de
Cor~é, téant donne surtout que plus de 77% des eéecteurs
de la Coreé miéidiuoale ont particip6éaux eéections Aà
l'Assemblée suprême du Peuple de Corée. En invitant la
Corée méridionale, les Parties contractantes ne feraient
qu'élargir le fossé qui sépare la Corée méridionale de
la Corée septentrionale, et agirait ainsi à l'encontre
de l'unité future de la Corée." GATT/CP.3/36
Page 3
5. Au course de ses réunions de Londres, le Groupe de travail a
également examiné l'opportunité de poser la même question au Gou-
vernement du Japon. La majorité de ses membres s'y est oppoée.
Le représentant des Etats-Unis s'est déclaré déçu de ce que le
Groupe de travail ne fut pas en mesure de recommander dès mainte-
nant que le Japon soit invité à participer à la troisidème série
des négotiations; toutefois, il a constaté avec satisfaction
qu'une majorité importante des représentants avait admis le prin-
cipe selon lequel le Japon devrait un jour être accueilli dans
la communauté des nations commerçantes, et il a, à nouveau, affir-
mé la conviction de son Gouvernement qu'une telle mesure était
nécessaire à la paix et à la prospérité du monde. A N N E X E
MEMORANDUM SUR LES NEGOCIATIONS TARIFAIRES
qui doivent avoir lieu à [Genève](1) à partir du 28 septembre 1950.
1. Objet des négociations
Las Parties contractantes à l'Accord général sur les tarifs
douaniers et le commerce tiendront une troisième séries de négociations
-tarifaires qui s'ouvrira le 28 septembre 1950 à [Genève (Suisse)].
Ces négociations comprendront trois catégories :
a) Négociations visant à l'adhdhésion de pays ne figurant pas parmi
ceux qui sont devenus ou peuvent devenir Parties contractantes à la
suite des négociations de 1947 et de 1949. Dana la plupart des cas, ces
pays bénéficient ou bénéficieront des réductions tarifaires résultant
de ces négociations; néamoino, ils seront peut-être heureux d'avoir la
possibilité de bénéficier de plein droit de tous ces avantages et de
négocier de nouvelles concessions portent sur les produits qui les
intéressnt le plus. En conséquence, il est prévu que tout gouvernement
adhèrent sera disposé à négocier avec toute partie contractante et avec
tout autre gouvernement adhérent.
b) Négociations entre pays qui ont participé aux conférences de
Genève et d'Annecy sans mener à bien des négotiations bilatérales et
qui désirent engager des négociations tarifaires en 1950;
c) Négociations entre parties contractantes qui ont mené à bien
des négociations tarifaires à Genève ou à Annecy et désirent engager des
négociations en vue de concessions tarifaires réciproques nouvelles
ou additionnelles. (2)
1) Le lieu des négociations sera fixé au cours de la quatrième session
des parties contractantes, en février 1950, On a fait allusion à
Genève dans le présent memorandum come lieu éventuel de ces négocia-
tions, pour la seule raison que c'est dans cette ville que se trouve
le Secrétariat de la Commission intérimaire de l'OIC.
2) Lion n'envisage pas que ces négociations soient l'occasion de ralève-
ments des taux de droits spécifiés dans les Listes annexées à l'Accord
général. Toutefois, la présence des délégations des parties contrac-
tantes pourra fournir la possibilité aux pays qui le désirent d'entrer
en Consultation en conformité des dispositions de l'Article XXVIII
de l'Accord général.
- 4 - - 5 - En ce qui concerne l'alinéa (a), une communication, accompagnée
q'un exemplaire du memorandum, relatif aux négociations d'Annecy (GATT/
CP.2/26) a été adressée le 29 aout aux pays indiqués ci-après, qui
avaient accepté l'invitation à participer à la Conférence de La Havane et qui
frV at A,.. admis à l'OIC, conformément au dispositions de I'article
71 de la Charte, pour les informer que les Parties contractantes anvisa-
geront vraisemblablement la possibilité de tenir, au cours de l'automne
1950, une troisième série de négociations tarifaires.
Républiques américaines Europe Moyen-Orient et Extrême-Orient
Argentine Autriche Afghanistan
Bolivie Islande Egypt
Costa-Rica Irlande Iran
Equateur Pologne Irak
Guatemala Portugal Philippines
Mexique Suisse Royaume hachémite de
Jordanie
Panama
Paraguay Turquie
Pérou
Salvador
Venezuela
Cette communication a également été adressée à l'Etat d'Israël
et au Népal, qui n'ont pu participer à la Conférence de la Havane,
car ils n'y avaient pas été invités.
Des télégrammes sont adressés à tous ces pays leur demandant s'ils
désireraient participer aux négociations tarifaires qui doivent s'ouvrir
le 28 septembre 1950, pour le cas ou il serait décidé que ces négociations
auront lieu, en vue de leur adhesion à l'Accord général. Les réponses
reçues seront communiquées sans retard aux Parties contractantes.
Le 30 septembre une communication a été adressée à Ia Haute Commis-
sion interalliée en Allemagne, lui demandant si la République fédérale
d'Allemagne désirerait engager des négociation tarifaires en vue de son
adhésion à l'Accord général. Une communication analogue a été également
adressée à la République de Corée.
Pour que les pays intéressés aient le temps de procéder aux prépara-
tifs nécessaires en vue des négociations qui s'ouvriront à [Genève] le
28 septembre 1950, le Secrétariat notifiera, par télégramme, le 15 novembre
1949 an plus tard, la liste des gouvernements qui auront accepté I'invi-
tation des PARTIES CONTRACTANTES. - 6 - II. Portée des négociations
Il est prévu que les Etats participant aux négociations de 1950
proposront aux pays à qui ils demandent des concessions do négocier sur
ceux de leurs produits dont i's sont ou semblent devoir être, conjointe-
ment ou séparénent, les principaux fourni '-seurs. Ces dispositions l'appli-
queront aux négociations entre Parties contractantes et tout gouvernement
adhérant devra, en règle générale, envisager l'octroi de concessions sur
les produits dont tout Etat participant, ou un groupe d'Etats participants,
est ou semble devoir être le principal fournisseur. D'autre part, il est
prévu qu'une Partie contractante devra, en règle générale, envisager
l'octroi de concessions sur les produits pour lesquels tout pays adhérent
à l'Accord ost, ou semble devoir être, soit à lui seul, soit avec d'autres
Etats participants, la principale source d'approvisionnement,
La Charte de la Havne stipule qu'en plus des tarifs douaniers et
des autres taxes sur les importations et les exportations, certains règle-
ments, certains contingentements, la protection assurée par le jeu de
certains monopoles d'importation ou d'exportation, etc, doivent pouvoir
faire l'objet de négociations, ainsi qu'il est prévu à l'Article 17.
Les dispositions pertinentes sont contenues dans les articles 16 (y com-
pris ses annexes), 18, 19 et 31. Il est possible par consequent de pré-
senter des demandes de concessions sur les points visés par ces disposi-
tions au même titre que des demandes de concessions tarifaires.
III. Méthodes de négociations
1. Les négociations s'effectueront conformément aux règles énoncées
au paragraphe 2 de l'Article 17 de la Charte de la Havane, c'est-à-dire :
a) Ces négociations seront menées sous forme d'un examen séparé des
divers produits fondé sur le principe de la selection, afin de
permettre qu'il soit tenu compte des besoins de chaque pays et
de chaque branche de production. Il sera loisible aux Etats parti-
cipants de ne pas accorder de concessions tarifaires pour des pro-
duits déterminés et ils pourront accorder des concessions sous
la forme d'une reduction du droit, d'une consolidation du droit
au niveau existant ou d'un engagement de ne pas relever le droit
au-dessus d'un niveau détérminé, - 7 - b) Aucun Etat participant ne sera tenu de faire des concessions
unilatérales, ni de faire des concessions à d'autres Etats, pour
lesquelles il nerecevrait pas en retour de concessions suffisantes.
Il sera tenu compte de I'intérêt que présente pour un Etat l'obten-
tion de plein droit et par une obligation directe des concessions
indirectes déjà inscrites dans les listes annexées à l'Accord
général.
c) Dens les négociations relatives à un produit déterminé au sujet
duquel il existe une préférence :
(i) lorsqu'une réduction négociée porte uniquement sur le
droit correspondant au traitement de la nation la plus
favorisée, cette réduction aura automatiquement pour effet
de réduire ou d'éliminer la marge de préférence applica-
ble à ce produit ;
(ii) lorsqu'une réduction négociée porte uniquement sur le droit
préférentiel, le droit correspondant au traitement da la
nation la plus favorisée, sera automatiquement réduit dans
la même mesure que le droit préférentiel;
(iii) lorsqu'il est convenu que les reductions négociées porte-
ront à la fois sur le droit correspondent au traitement
de la nation la plus favorisée et sur le droit préféren-
tiel, la reduction de chacun de ces droits sore celle
dont seront convenus les Etats parties aux négociations;
(iv) aucune marge de préférence ne sera augmentée.
d) La consolidation de droita de douane peu élevês ou d'un régime
d'admission en franchise sera reconnue, en principe, come une
concession d'une valeur égale à une réduction substantielle de
droits de douane élevés ou à l'élimination de préférences tari-
faires.
e) Les Etats participants ne pourront pas invoquer des engagements
internationaux antérieurs pour se soustraire à l'obligation de
négocier au sujet des préférences tarifaires, étant entendu que
les accords qui résultent de telles négociations et qui sont
incompatibles avec ces engagements, n'imposaront pas la modifica-
tion ou la dénonciation de ceux-ci; sauf si les Parties à ces
engagements y consentent, ou, à défaut de leur consentement, si
la modification ou Ia dénonciation de ces engagements est effectuée
conformément aux conditions de ceux-ci. - 8 - 2. Dane leurs négociations avec les Parties contractantes, les Gouver-
nements adhérents devront tenir compte de l'importante question des
avantages indirects dont ils bénéficient par suite des concessions
échangées par lesdites Parties contractantes à Genève et A Annecy. On
attendra donc des Gouvernements adhérents qu'en accordant des conces-
sions tarifaires, ils tiennent compte de ces avantages indirects ainsi
que de ceux qui résulteront pour eux de nouvelles négociations entre
les Parties contractantes. De même, on attendra de tous les Gouverne-
ments participants qu'ils tiennent compte des avantages indirects qu'ils
retireront des négociations entre les Gouvernements adhérents eux-mêmes,
ainsi qu'entre ces Gouvernements et les Parties contractantes.
3. Afin d'assurer le sucées des négociations, les gouvernements parti-
cipants devront s'abstenir de toute hausse de tarifs ou d'autres mesu-
res restrictives incompatibles avec les principes de la Charte de la
Havane en vue d'améliorer leur position de négociateur, en prévision
des négociations. En règle générale, les taux de droits effectivement
en vigueur le 15 novembre 1949 serviront de base aux négociations.
4. Dans des cas exceptionnels, un pays pourra estimer inévitable de
procéder, avant l'ouverture des négociations, à une revision générale
de son tarif douanier, En procédant à une révision de ce genre, les
pays intéressés devront tenin compte des principes exposes au paragra-
phe précédent. En cas de changement apporté à la forme d'un tarif ou de
revision générale du taux des droits, en vue de tenir compte soit d'une
hausse des prix, soit d'une devaluation de la monnaie du pays qui a
introduit ce nouveau tarif, les effets de ce changament ou de cette
revision feraient l'objet de consultations entre le Gouvernement adhé-
rent intéressé et les autres Etats participants, agissant conjointement,
afin de déterminer, d'abord le changement éventuel de incidence des
droits institués par le pays en question et en second lieu, si ce chan-
gement laisse subsister une base raisonnable en vue de la conclusion de
concessions réciproques mutuellement avantageuses, De plus, sauf dans des
cas particuliers, aucune révision générale de la nomenclature tarifaire
ou des taux de droits ne sera considérée comme constituant une base
satisfaisante en vue de négociations, si elle n'a pas été promulguée
avant le 28 septembre 1950. - 9 -
IV. Calendrier des négociations
1. Le plus tôt possible et, en tout cas, le 22 novembre 1949 au plus
tard, cheque Gouvernement participant enverra à chacun des autres Gou-
vernements participants et au Seorétariat, en trois exemplaires, son
tarif douanier en vigueur et tous renseignements détaillés relatifs
aux autres droits et impositions à l'importationtio, ainsi qu'un exemplaire
(trois si possible) de ses dernières statistiques annuelles d'importa-
tion pour les années d'après guerre. Les Gouvernements intéressés sont
également priés de faire tout leur possible pour fournir les statisti-
ques d'importation moyenne des années 1936 à 1938, ou en cas d'impossi-
bilité, les statistiques d'importation des années 1936, 1937 et 1938,
ou, à défaut, celles de l'année d'avant guerre considérée comme la plus
representative. Les Gouvernements qui ont participé à la session tari-
faire de Genève, A celle d'Annecy ou aux deux, ne seront pas tenus de
fournir des exemplaires aux Gouvernements auxquels ils ont déjà été
communiqués à l'occasion desdites sessions ; mais il est prévu qu'ils
leur fourniront le détail de toute modification ultérieure apportée à
leur tarif, ainsi que des exemplaires des statistiques commerciales
plus récentes qui pourraient avoir été établies. Lorsque les délais
d'expédition de ces documents par courrier ordinaire risqueront de
dépasser une semaine, il y aura lieu d'avoir recours au courier aérien.
Chaque Gouvernement participant informera télégraphiquement les autres
Gouvernements participants et le Secrétariat de la nature exacte des
documents expédiés ainsi que de la date et du aode d'expédition.
2. Il faut tenir compte du fait que les statistiques du commerce exté-
rieur de nombreux pays ne sont pas établies sur la base de leurs tarifs
douaniers; on ne saurait donc déterminer à coup sur d'après les statis-
tiques du commerce à quels droits de douane les divers articles de ces
statistiques sont soumis. En consequence, les gouvernements participants
éprouveront dans certains cas des difficultés à fixer le choix des arti-
cles sur lesquels ils demanderont des concessions, et à calculer la
valeur des concessions qui leur sont offertes. En outre, les tariffs
douaniers de certains pays contiennent les taux de droits généraux mais
non les taux conventionnels, et de nombreuses publications statistiques
et douanières ne sont publiées dans aucune des langues les plus couran-
tes. Afin de parer à ces difficultés et de faciliter lapréparation des
négociations et leur conduite elle-même, il est demandé aux gouvernements -10 -
participants de ne rien négliger pour répondre à toutes les demades
qui pourraieint leur être adressées ayant trait à des renseignements
suppliémentaires concernant leurs tarifs et leurs statistiques .(Voir
la proposition-de la délégation de la Tchécoslovaquie dans le document
GATT/CP/37).
3. Chacun des Gouvernements participants transmettra à ceux des co-
participants avec lesquels il désire négocier, par les voies les plus
rapides et le 15 janvier 1950 au plus tard, une liste des produits sur
lesquels il a l'intention de leur demander des concessions. Soixante
exemplaires de chaque liste seront envoys en même temps au Secrétariat
pour être distribués aux Gouvernaments participants. Pour faciliter la
préparation des négociations, il importe que la date du 15 janvier soit
respectée. Le Gouvernement des Etats-Unis est tenu, par sa procédure
législative, de rendre publiques toutes les positions de son tarif
douanier qui doivent faire l'objet de négociations ; par consequent, il
ne sera pas possible à ce Gouvernement d'engager de négociations sur
les produits qui ne figureraient pas sur ces listes de produits. Il se
peut que certains autres Gouvernements se trouvent dans une situation
analogue ; par consequent, les positions qui n'auraient pas été reprises
dans ces premières listes ne pourront peut-être pas être considérées aux
fins des négociations à venir.
4. Le 15 juin 1950 au plus tard, chaque Gouvernement transmettra à cha-
cun des autres Gouvernements participants une liste definitive des con-
cessions tarifaires et autres qu'il sollidite de lui. Soixante exemplai-
res de chaque liste seront envoyés en même temps au Secrétariat pour
êtore distribués aux autres Gouvernements participants. Il est fortement
recommandé à tous les pays d'envoyer leur liste aussitôt que possible
avant le 15 juin 1950.
5. Le 28 septembre 1950 (c'est-à-dire le premier jour de la réunion de
[Geneve]), chaque Gouvernement devrait être prêt à faire connaitre
les concessions qu'il est dispose à offrir à chacun des Gouvernements
qui lui aura fait parvenir une demande de concessions. Ces offres
devront, indiquer, pour chaque position, le taux du droit actuel et
celui du droit envisagé. Lorsque les offres auront été échangées, les
négociations bilatérales s'ouvriront. - 11 -
6. Il est entendu que deux Gouvernements participants quelconques
pourront procéder à des conversations bilatérales avant l'ouverture
des négociations multilatérales de [Genève]. Dans ce cas, l'échange
des demandes et des offres poutra être organisé de manière à se faire
avant les dates stipulées ci-dessus. Au cas ou des entretiens bilaté-
raux aboutiraient à un accord avant le 28 septembre 1950, les résultats
en seront communiqués à l'ouverture de la réunion de [Genève].
V. Procédure des négociations de [Genève]
Conformèment à la procèdure adopted à Genève et à Annecy en 1947
et en 1949, et qui a donné de bons résultats, un "Groupe de travail des
Négociations tarifaires" sera constitué dès l'ouverture de la session
tarifaire. Ce groupe de travail sera chargé de suivre la marche des
négociations et de formuler des recommendations sur les questions de
procedure et toutes autres questions liées à la conduite et à la con-
clusion des négociations. Par ailleurs, des dispositions seront prises
pour prévenir la divulgation de tout renseignement de caractère confi-
dentiel.
Chaque Gouvernement participant établira, pour qu'elle soit
distribuée par les soins du Secrétariat, une liste codifiée des con-
cessions qu'il a accordées, ainsi qu'une liste supplémentaire indiquant
le ou les pays avec lesquels chaque concession a été primitivement
négociée.
Lorsque toutes les négociations seront terminées l'adhésion des
Etate qui n'étaient pas précédemment au nombre des Parties contractantes
s'effectuera au moyen des instruments appropriés, et les concessions
accordées seront de ce fait incorporées à l'Accord général. |
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