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GATT Library | ww351qk5783 | Corrigendum to the Summary Record of the Twenty-Fourth Meeting | General Agreement on Tariffs and Trade, September 17, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 17/09/1948 | official documents | GATT/CP.2/SR.24/Corr.1, GATT/CP.2/SR.24+Corr.1, and SR.25 | https://exhibits.stanford.edu/gatt/catalog/ww351qk5783 | ww351qk5783_90270072.xml | GATT_145 | 87 | 601 | RESTRICTED
LIMITED B
GATT/CP.2/ SR. 24/Corr. 1
17 September 1948
ENGLISH ONLY
GENERAL AGREEMENT ON TARIFFS AND TRADE
Contracting Parties
Second Session
Corrigendum to the Summary Record
of the Twenty-Fourth Meeting
Paragraph 3 (statement by Mr.HEWITT),delete
the last sentence and substitute the following:
"The Working Party considered that it would be
necessary to examine carefully measures relating to the
maintenance rather than the development of an industry.
It would be necessary to decide in the light of each
particular case whether the provisions of Article XVIII
applied." |
GATT Library | vq332gc5786 | Corrigendum to the Summary Record of Twenty-Eighth Meeting (III b) | United Nations Conference on Trade and Employment, January 16, 1948 | Third Committee: Commercial Policy | 16/01/1948 | official documents | E/CONF.2/C.3/SR.28/Corr.1 and E/CONF.2/C.3/SR.17-31 | https://exhibits.stanford.edu/gatt/catalog/vq332gc5786 | vq332gc5786_90190260.xml | GATT_145 | 172 | 1,272 | UNRESTRICTED
United Nations Nations Unies E/CONF.2/C.3/SR.28/
Corr.1 16 January 1948
CONFERENCE CONFERENCE ENGLISH - FRENCH
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
THIRD COMMITTEE: COMMERCIAL POLICY
CORRIGENDUM TO THE SUMMARY RECORD OF TWENTY-EIGHTH MEETING (III b)
On page 5, fourth paragraph from bottom of page, substitute for the
second sentence of the remarks made by Mr. EVANS (United States of America):
The intent of paragraph 6 was to provide criteria that would be
helpful in determining whether the negotiating position taken by a
Member in such cases was a reasonable fulfillment of its obligation.
TROISIEME COMMISSION : POLITIQUE COMMERCIALE
RECTIFICATIF AU COMPTE RENDU ANALYTIQUE DE LA VINGT-HUITIEME SEANCE
(III b)
Au troisiFme alinTa de la page 8, remplacer la deuxiFFme phrase de
l'intervention de M. EVANS (Etats-Unis) par la phrase suivante :
"Le but du paragraph 6 est de pT¦voir des criT2riums qui
permettront de TTdterminer si l'attitude adoTpTe dans de tels cas
par un Etat membre, au cours deT ngociations, constitue une Texcution
raisonnable de ses obligations." |
GATT Library | th509jq1022 | Corrigendum to the Summmary Record of the Nineteenth Meeting | United Nations Conference on Trade and Employment, January 2, 1948 | Third Committee: Commercial Policy | 02/01/1948 | official documents | E/CONF.2/C.3/SR.19/Corr.2 and E/CONF.2/C.3/SR.17-31 | https://exhibits.stanford.edu/gatt/catalog/th509jq1022 | th509jq1022_90190246.xml | GATT_145 | 210 | 1,499 | United Nations Nations Unies UNRESTRICTED E/CONF.2/C.3/
CONFERENCE CONFERENCE SR.19/Corr.2 2 January 1948
ON DU ORIGINAL: ENGLISH-FRENCH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPL0I
THIRD COMMITTEE: COMMERCIAL POLICY
CORRIGENDUM TO THE SUMMMARY RECORD OF THE NINETEENTH MEETING
The three speeches on pages 1, 2 and 6 by Mr. FORTHOMME (Belgium)
should be deleted and the following substituted:
Page 1.
M. FORTHOMME (Belgium) was not opposed to deleting the word
"temporarily" from paragraph 2 (a) but felt that the time factor be
indicated by the words "when they are destined".
Page 2.
M. FORTHOMME (Belgium) said that the Argentine amendment to
paragraph 3 (a) of Article 21 (item 34) made the paragraph a mere
repetition of paragraph 1.
Page 6.
M. FORTHOMME (Belgium) said that the amendment of Venezuela
probably resulted from the obscurity of the text. It would appear
that it is intended to distinguish restrictive measures in force
prior to the adoption of the Charter, which measures would be subject
to review after two years, from measures put into force after adoption
of the Charter, which are not subject to review. The obscurity of
the text was such however that in the General Agreement it had been
inadvertently codified to mean that all measures would be reviewed
after two years. |
GATT Library | hc344tk5872 | Corrigendum to the timetable for the completion of the Conference | United Nations Conference on Trade and Employment, March 18, 1948 | 18/03/1948 | official documents | E/CONF.2/64/Corr.1 and E/CONF.2/59/CORR.4 - 69/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/hc344tk5872 | hc344tk5872_90040134.xml | GATT_145 | 199 | 1,551 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/64/Corr.1
ON DU 18 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
CORRIGENDUM TO THE TIMETABLE FOR THE COMPLETION OF THE CONFERENCE
Owing to the fact that the Main Committee Room will not be available on
Wednesday afternoon for the final plenary and signature of the Final Act
because of a meeting of the Cuban House of Representatives, it is proposed
that this meeting,which was originally scheduled for 3.00, should take place
at 9.00 a.m. and the following schedule is consequently substituted for that
in E/CONF.2/64:
Monday, 22 March
9.00 am. to 1.00 p.m. Plenary Meeting
3.00 p.m. to 6.00 p.m. Plenary Meeting
6.30 p.m. to 9.00 p.m. Plenary Meeting
Tuesday, 22 March
9.00 a.m. to 1.00 p.m. Plenary Meeting
3.00 p.m. to 6.00 p.m. Plenary Meeting
6.30 p.m. to 9.00 p.m. Plenary Meeting
Note: Any delegations which have notified the Secretariat that they wished to
speak on Wednesday morning will as a result of this change, be scheduled on
Tuesday afternoon or evening. Delegations are again requested to notify the
Secretariat as soon as possible whether they wish to speak and at what time
they would prefer to do so. |
|
GATT Library | zz263rx6209 | Costa Rica: proposed amendment to Article 80 paragraph 1 | United Nations Conference on Trade and Employment, January 29, 1948 | Sixth Committee: Organization | 29/01/1948 | official documents | E/CONF.2/C.6/12/Add.16 and E/CONF.2/C.6/12/ADD.4-44 | https://exhibits.stanford.edu/gatt/catalog/zz263rx6209 | zz263rx6209_90170056.xml | GATT_145 | 87 | 624 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C.6/12/
Add. 16
29 January 1948
ENGLISH - FRENCH
ORIGINAL : ENGLISH
COSTA RICA:
SIXTH COMMITTEE: ORGANIZATION
PROPOSED AMENDMENT TO ARTICLE 80 PARAGRAPH 1
To add following words:
"Not more than one person of tho same nationality shall form
part of any commission."
SIXIEME COMMISSION : ORGANISATION
COSTA-RICA PROPOSITION D'AMENDEMENT AU PARAGRAPH 1
DE L'ARTICLE 80
Ajouter lea mote suivanets :
"Aucune Commission ne comprendra plus d'une personne de chaque
nationalite". |
GATT Library | xv612pm2641 | Costa Rica: proposed amendment to Article 92 paragraph 1 | United Nations Conference on Trade and Employment, January 29, 1948 | Sixth Committee: Organization | 29/01/1948 | official documents | E/CONF.2/C.6/12/Add.15 and E/CONF.2/C.6/12/ADD.4-44 | https://exhibits.stanford.edu/gatt/catalog/xv612pm2641 | xv612pm2641_90170055.xml | GATT_145 | 120 | 843 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies UNRESTRICTED
CONFERENCE Add. 15
DU 29 January 1948
COMMERCE ET DE L'EMPLOI ENGLISH - FRENCH
ORIGINAL : ENGLISH
SIXTH COMMITTEE: ORGANIZATION
COSTA RICA: PROPOSED AMENDMENT TO ARTICLE 92 PARAGRAPH 1
To add following words:
"Notwithstanding, two or more Members may agree that any other
of the texts referred to in Article 100 shall be authoritative as
regards settlement of differences between them."
SIXIEME COMMISSION : ORGANISATION
COSTA-RICA : AMENDEMENT PROPOSE POUR LE PARAGRAPHE PREMIER
DE L'ARTICLE 92
Ajouter les mots suivants :
"Néanmoins, deux Etats Membres ou plue peuvent convenir que tout
autre des textea visas a l'article 100 fera foi en ce qui concern le
règlement des différente entre eux". |
GATT Library | mv629zr4142 | Costa Rica: proposed rearrangementof Article 69 | United Nations Conference on Trade and Employment, January 29, 1948 | Sixth Committee: Organization | 29/01/1948 | official documents | E/CONF.2/C.6/12/Add.17 and E/CONF.2/C.6/12/ADD.4-44 | https://exhibits.stanford.edu/gatt/catalog/mv629zr4142 | mv629zr4142_90170057.xml | GATT_145 | 198 | 1,483 | United Nations Nations Unies UNRESTRUCTED
E/CONF. 2/C.6/12/ Add.17 29 January 1948
CONFERENCE CONFERENCE
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH - FRENCH ORIGINAL : ENGLISH
SIXTH COMMITTEE: ORGANISATION
COSTA RICA: PROPOSED REARRANGEMENTOF ARTICLE 69
The Organization shall have the following foudtions:
(a) .. . .. .
(b)
(c) ..........,
(d) to consult with and make recommendations and, as necessary,
to furnish advice, and as assistance to Members regarding any matter
relating to the operation of this Charter;
(e) .........
(f) ... ........
(g) to perform the functions provided for elsewhere in this Charter;
(b) to take any other action necessary and proper to carry out the
provision of this Charter.
SIXIEME COMMISSION : ORGANISATION
COSTA-RICA : PROPOSITION DE REMANIEMENT DE L'ARTICLE 69
L'Organisation exercera les functions suivantos
(a)....
(b).....
(c).....
(d) entrer en consultation avec lee Etats Membres, leur faire des
recomnmendations et, si besoin est, les aider de sea conseils et de son
appui sur toute question relative à l'application de la présente Charte;
(e) ....
(f)..
(g) s'acquitter des fonctions pr6vuos ailleurs dans la pr6aente Charte;
(h) prendre touted autres initiatives appropri6oe pour la mise en oeuvre
dee dispositions de la préaente Charte, |
GATT Library | rh106tb8853 | Costs of the Conference on Trade and Employment and its Preparatory Committee : Note by the Executive Secretary | United Nations Conference on Trade and Employment, February 7, 1948 | 07/02/1948 | official documents | E/CONF.2/38 and E/CONF.2/14-15/REV.1 | https://exhibits.stanford.edu/gatt/catalog/rh106tb8853 | rh106tb8853_90040094.xml | GATT_145 | 769 | 5,280 | United Nations Nations Unies E/CONF .2/38
CONFERENCE CONFERENCE 7 February 1948
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
COSTS OF THE CONFERENCE ON TRADE AND EMPLOYMENT
AND ITS PREPARATORY COMMITTEE ,,
Note by the Executive Secretary
Thetree I circuated herewith for eh nformation of delegates a letter
from the Acting Seecrtary-General of the United Nations regarding the costs
of the Conference on Trade and Employment and its Preparatory Committee.
Delegates will be aware that the Working Party on the Interim Organization
is considering a proposal that the study of this question be included amongst
the tasks of the Interim Commission of the Organization.
2 February 1948
Sir,
At Is first session, held in London in February 1946, the Economic and
Social Council adopted a resolution (Resolution of 18 February 1946, Journal
of the Economic and Social Council, pages 133-134) calling an International
Conference on Trade and Employment in the latter part of 1946 for the purpose,
of promoting the expansion of production, exchange and consumption of goods,
nd to establish an International Trade Organization as a specialized agency
of the United Nations. In accordance with this Resolution, the Preparatory
Committee of the International Conference on Trade and Employment was
csofnsstituted anid met fori it irt sesoseion n London n October-Nvmber of
1946.
The expenses of the London meeting of the Preparatory Committee amounted
to $213,114. These expenditures represent only tshe direct additional cost
of the meeting, including travel, temporary assistance, subsistence, rental
of premises and other similar items.
AtP eiats London meeting, the rpratory Committee established a Drafting
Committee which was to meet at Lake Success in January 1947, and also
scheduled a second session of the Preparatory Committee to meet in Geneva in
April 1947.
The direc" xtra" expenses of the meeting of the Drafting Committee
at Lake Success amounted to $8,654.
The expenses of the second session of the Preparatory Committee in Geneva
are estimated at $1,2l4 in direct additional ncosts and at $563,068ni
indirect additionacl osts not provided for in the United Nations budget.
/The expenses The expenues of the-Plenary Conference on Trade and Employment in Havana
which are not being borne by the Cuban Government under the terms of
agreement reached with that Government, are presently estimated at around
$300,000 including approximately $150,000 for salaries and related costs of
staff provided to the Conference by the United Nations.
In addition to the above-mentioned expenses of the sessions of the
Preparatory Committee, Drafting Committee, and the Conference in Havana, the
United Nations has provided about 22 staff members during 1946 And 1947 to
assiet the Preparatory Committee in its substantive work. The salaries and
related allowances of this staff during 1946 and 1947 amount to about
$34,000.and $160,000 respectively.
The estimated total of the Preliminary Expenses incurred on behalf of
the International Trade Organization can therefore be summarized as follows:
1946
1. First Session of the Preparatory Committee of the
International Conference on Trade and Employment
(London-November 1946)
2. Salaries and allowances of substantive personnel
furnished to the Preparatory Committee by the
United Nations during 1946
1947
3. Drafting Committee of the Preparatory Committee
(Lake Success - January-February 1947)
4. Second Session of the Preparatory Committee
(Geneva, April-October 1947)
5. United Nations Conference on Trade and Employment
(Havana, November 1947-February 1948)
6. Salaries and allowances of substantive personnel
furnished to the Preparatory Committee by the
United Nations during 1947
$ 213,114
34,000
784,462
300,000
$ 1,500,230
I have to request that this information bo placed before the
Conference, in order that the necessary arrangements for reimbursing the
United Nations may be made. I am able to advise the Conference that,
items 1, 2 and 6 above amounting to $407,114 have been financed but of budget
appropriations of the United Nations. In consequence reimbursement is only
required for items 3, 4 and 5, amounting to $1,093,116, which has been
advanced from the Working Capital Fund of the United Nations pending the
establishment of the International Trade Organization:.
/The various E/CONF. 2/38
Page 3
The various items of expenses are not shown here in detail since the
conference in Havana is still in session and certain other costs have not
yet been fully accounted. Upon a final determination of all costs a
detailed statement will be made to the authorized representatives of the
International Trade Organization, or such interim body as may be established.
I should be glad if you would bring the information set forth in this
letter to the attention of the Conference on Trade and Employment.
I have the honour to be,
Sir,
Your obedient Servant,
/s/ Byron Price
Acting Secretary-General, |
|
GATT Library | jp119cx8505 | Cumulative list of documents issued from 14 February to 28 February 1948 : Prepared by the documents division | United Nations Conference on Trade and Employment, February 28, 1948 | 28/02/1948 | official documents | E/CONF.2/INF.172 and E/CONF.2/INF.110-201 | https://exhibits.stanford.edu/gatt/catalog/jp119cx8505 | jp119cx8505_90180110.xml | GATT_145 | 2,901 | 20,833 | United Nations CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/INF.172
28 February 1948
ENGLISH ONLY
CUMULATIVE LIST OF DOCUMENTS ISSUED FROM
14 February to 28 February 1948*
Prepared by the Documents Division
I. Plenary Documents (Symbol E/CONF.2)
Short Title
Fifth Committee - Inter-governmental Commodity
Agreements - Report to Conference -
Note from the Central Drafting Committee -
Definition of "Primary Commodity"
Note Concerning the Reports of Committees to
the Conference
Note Concerning the Reports or Committees to
the Conference - Observations by the Delegation
of Chile
Resolution to the Economic and Social Council
Concerning the Interim Co-ordinating Committee
for international Commodity Arrangements
Ageda - Fourteenth Plenary Meeting - Held
in Room B, Capital, Havana, Cuba at 10.30 a.m.,
Friday 27 February 1948
II. Plenary Information Documents (E/CONF.2/INF.)
1/Rev.5/Add.1/
and Corr.3
42/Rev.2/Add.2
152
153
154
Addendum and Corrigendum to the List of Delegates
Addendum to List of Committees and Sub-Committees
Cumulative List of Documents Issued from
31 January to 14 February 1948 - Prepared by
Documents Division
Documents Distributed up to 4.00 p.m.,
15 February 1948
Documents Distributed up to 4.00 p.m.,
16 February 1948
E F
E F
E only
E &F
E &F
* For list of documents issued up to 14 February, see E/CONF 2/INF.37, INF.69,
INF.89, INF.110, INF.131 and INF.152.
/155
Document
Number
39 40
S
E F
42 E F
43 E &F E/CONF.2/INF.172
Page 2
II. Plenary Information Documents (/ECONF.2/INF.)
Document
Number Short Title
Documents Distributed up to 4.00 p.m.,
17 February 1948
Provisional Future Programme of Meetings
Documents Distributed up to 4.00 p.m.,
18 February 1948
Documents Distributed up to 4.00 p.m.,
19 February 1948
Documents Distributed up to 4.00 p.m.,
20 February 1948
Provisional Future Programme of Meetings
Documents Distributed up to 4.00 p.m.,
21 February 1948
Note to Delegations Concerning the Delegations
of Costa Rica, Republic of Indonesia, and Turkey
Documents Distributed up to 4.00 p.m.,
22 February 1948
Documents Distributed up to 4.00 p.m.,
23 February 1948
Documents Distributed up to 4.00 p.m.,
24 February 948
Provisional Future Programms of Meetings
Documents Distributed up to 4.00 p.m.,
25 February 1948
Documents Distributed up to 4.00 p.m,
26 February 1948
Documents Distributed up to 4.00 p.m.,
27 February 1948
Provisional Future Programme of Meetings
III. Order of the Day (E/CONF.2/OD.)
Language
E &F
E F
E &F
E F
E &F
E F
E &F
E &F
E &F
E F
E &F
E &F
E &F
E F
Programme of Meetings -
Programme of Meetings -
Programme of Meetings -
Programme of Meetings -
Monday, 16 February 1948 E &F
Tuesday, 17 February 1948 E &F
Wednesday, 18 February 1948 E &F
Thursday, 19 February 1948 E &F
Friday, 20 February 1948 E &F
Number
155
156
157
158
160
161
162 163
164
165 166
167
168
169
170
5 6
7
9 E/CONF.2/INF.172
Page 3
III. Order of the Day (E/CONF.2/OD.)
Document
Number Short Title Language
80 Programme of Meetings - Saturday, 21 February 1948 E &F
81 Programme of Meetings - Modnay, 23 February 1948 E &F
82 Programme of Meetings- Tuesday, 24 Februray 1948 E &F
83 Programme of Meetings - Wednesday, 25 February 1948 E &F
84 Programme of Meetings - Thursday, 26 February 1948 E &F
85 Programme of Meetings - Friday, 27 February 1948 E &F
86 Programe of Meetings - Saturday, 28 February 1948 E &F
IV. Plenary Summary Records (E/CONF.2/SR.)
Summary Record of Fourteenth Plenary Meeting - E F
Held Friday, 27 February 1948, at 10.30 a.m.
V. General Committee Documents (E/CONF.2/BUR/)
32 Interpretative Notes Regarding Provisions of the E F
Charter - Note by the Executive Secretary
33 Timetable for the Conference - Note by the E F
Executive Secretary
34 Note by the Executive Secretary - Preparation of E F
Texts of the Charter in the Chinese, Russian and
Spanish Languages
35 Effect o Signature of the Final Act and Status E F
of Maintained Reservations
Agenda - Meeting to be Held Wednesday, E F
25 Ferbuary 1948
Agenda - Meeting to be Held Thursday, E &F
26 February1948
VI. First Committeee (Employment and Economic Activity)
(E/CONF.2/C.1) Documents
23 Draft Report to the Conference E F
24 Agenda for te Twelfth Meeting - To be Held E &F
Monday, 1 March 1948, at 10.30 a.m.
VII. Second Committee (Economic Development) Documents (E/CONF.2/C.2)
36 Report of Joint Sub-Committee of Second and S
Sixth Committees
38 Agenda for Tweny-First Meeting - To be Held E &F
Wednesday, 18 February 1948 a.t 10.30 am.
/38/Rev.1 E/CONF.2/INF.172
Page 4
VII. Second Committee (Economic Development) Documents (E/CONF.2/C.2)
Document
Number Short Title Language
38/Rev.1 Agenda for Twenty-First Meeting - To be Held E &F
Friday, 20 February 1948 at 6.30 p.m.
39 I. Proposal in Relation to Report of Joint E F
Sub-Committee of Committees II and VI on
Articles 9, 10 and 11 (E/CONF.2/C.2/36) -
II. Proposal in Relation to Report of Sub-
Committee D on Footnote to Chapter III on
"Reconstruction" (E/CONF.2/C .2/35 )
39/Corr.1 Corrigendum - I. Proposal in Relation to Report of E &F
Joint Sub-Committee of Committees II and VI on
Articles 9, 10 and 11 (E/CONF.2/C.2/36) -
II. Proposal in Relation to Report of Sub-
Committee D on Footnote to Chapter III on
"Reconstruction" (E/CONF.2/C.2/35)
40 Agenda for Twenty-Second Meeting - To be Held E &F
Monday, 23 February 1948 at 10.30 a.m.
VIII. Second Committee Summary Records (E/CONF.2/C.2/SR.)
20 Summary Record of Twentieth Meeting - Held E F
Monday, 16 February 1948 at 10.30 a.m.
20/Corr.1 Corrigendum to Summary Record of Twentieth Meeting - E &F
Held Monday, 16 February 1948 at 10.30 a.m.
20/Corr.2 Corrigendum to Summary Record of Twentieth Meeting - E &F
Held Monday, 16 February 1948 at 10.30 a.m.
21 Summary Record of Twenty-First Meeting Held E F
20 February 1948 at 6.30 p.m.
22 Summary Record of Twenty-Second Meeting - Held E F
23 February 1948 at 10.30 a.m.
IX. Joint Sub-Committee of Second and Sixth Committees
Documents (E/CONF.2/C.2&6/A/)
22/Corr.2 Corrigendum to the Summary Record of First Joint E
Meeting
X. Third Committee (Commercial Policy) Documents (E/CONF.2/C.3)
6 Annotated and Revised Plan for Chapter IV - S
Section A - Customs Duties, Preferences and Interior
Tributes and Regulations
6/Add.7 Amendment of Annex B Pertaining to Article 16 E F
/7 E/CONF.2/INF.172
Page 5
X. Third Committee (Commercial Policy) Documents (E/CONF.2/C.3)
Document
Number Short Title Language
7 Revised Annotated Agenda for Chapter IV S
Section 3 - Quantitative Restrictions and Exchange
Controls
9 Revised Annotated Agenda for Chapter IV - S
Section D -
51 Report of Sub-Committee 'H' on Subsides E
54 Report of Sub-Committee E to Committee III S
57 Sub-Committee F on Articles 21, 23 and 24- E F S
Report to Committee III on Article 21
58 Agenda for the Thirty-Eighth Meeting - Held E&F
17 February 1948 at 4.00 p.m.
59 Report of Sub-Committee A (Article 16, 17, 18, 19) E F S
60 Section E - General Commercial Provisions - Text E F S
approved in Second Reading
60/Add.1. Section E - General Commercial Provisions - Addition E F S
of Paragraph 6 to Article 35
61 Articles 40,41 and 43 - Text approved in EF S
Second Reading
62 Agenda for the Thirty-Ninth Meeting - Held E&F
18 February 1948 at 4.00 p.m.
63 Text of Section 'C ' - Subsidies - of Chapter IV E F S
as approved in Second Reading
64 Report of Working Party No. 5 on Article 31A E F
65 Agenda for the Fortieth Meeting - Held E&F
19 February 1948 at 4.00 p.m.
66 Report of Working Party No. 6 EF
67 Agenda for the Forty-First Meeting - Held E&F
20 February 1948 et 4.00 p.m.
68 Text of Section A of Chapter IV as approved in E F
Second Reading - Section A - Tariffs, Preferences,
and Internal Taxation and Regulation
68/Corr.1 Corrigendum to Text of Section A of Chapter IV as E&F
approved in Second Reading
69 Articles 20, 21 and 22- E F S
Text Approved in Second Reading
70 Section D - State Trading and Related Matters - E F S
Text Approvod in Second Reading
/71 E/CONF.2/INF.172
Page 6
X. Third Committee (Commercial Policy) Documents (E/CONF.2/C.3)
Document
Number Short Title Language
71 Report of Working Party 7 (Article 18) E F
71/Corr.1 Corrigendum to Report of Working Party 7 E F
(Article 18)
XI. Third Committee Summary Records (E/CONF.2/C.3/SR.)
34/Corr.4 Corrigendum to Summary Record of Thirty-Fourth Meeting E F
34/Corr.5 Corrigendum to Summary Record of Thirty-Fourth Meeting E&F
35 Thirty-Fifth Meeting - Held 13 February 1948 at F
10.30 a.m.
36 Thirty-Sixth Meeting - Held 14 February 1948 at E F
10.30 a.m.
37 Thirty-Seventh Meeting - Held 16 February 1948 at E F
3.30 p.m.
37/Corr.1 Corrigendum to Summary Record of Thirty-Seventh E&F
Meeting
37/Corr.2 Corrigendum to Summary Record of Thirty-Seventh E only
Meeting
38 Thirty-Eighth Meeting - Held 17 February 1948 at E F
4.00 p.m.
38/Corr.1 Corrigendum to Summary Record of Thirty-Eighth E&F
Meeting
38/Add.1 Addendum Summary Record of Thirty-Eighth Meeting E&F
39 Thirty-Ninth Meeting - Held 18 February 1948 at EF
4.00 p.m.
40 Fortieth Meeting - Held 19 February 1948 at 4.00 p.m. E F
41 Forty-First Meeting - Held 20 February 1948 at E F
3.30 p.m.
41/Corr.1 Corrigendum to Summay Record of Forty-First Meeting E
XII. Sub-Committee A of Third Committee (Articles 16-19) Working Papers
(E/CONF.2/C.3/A/W.)
52/Corr.1 Corrigendum to Draft Report of Sub-Committee A E F
53 Notes of Thirty-Sixth Meeting - Held 14 February 1948 E F
at 3.00 p.m.
54 Notes of Thirty-Seventh Meeting - Held 16 February 1948 E F
at.10.30 a.m.
55 Notes of Thirty-Eighth Meeting - Held 16 February 1948 E F
at 5.30 p.m. E/CONF.2/INF.172
Page 7
XII. Sub-Committee B of Third Committee (Proposed Article 18A)
Document
Number Short Title Language
4 Agenda for Fourth Meeting -Held 26 February 1948 E&.F
in Committee Room E
XIV. Sub-Committee B of Third Committee Working Papers
4 Draft Report of Sub-Committee B (Proposed New E F S
Article 18A)
5 Notes on Fourth Meeting - Held 26 February 1948 E F
XV. Sub-Committee F of Third Committee (Articles 21, 23 and 24)
12 Agenda for Thirteenth Meeting - Held 25 February 1948 E&F
at 4.00 p.m.
XVI. Sub-Committee F of Third Committee Working papers (E/CONF.2,/C.3/F/W.)
29 Agenda for Twelfth Meeting E&F
30 Notes on Twelfth Meeting - Held 16 February 1948 E F
at 3.00 p.m.
31 Report of Working Party on Article 23 E F
31/Corr.1 Corrigendum - Report of Working Party on Article 23 E F
31/Rev.1 Report of Working Party on Article 23 E F
XVII. Sub-Committee G of Third Committee (Swiss Proposal)
10 Agenda for Ninth Meeting - Held 25 February 1948 at E&F
2.30 p.m.
11 Agenda for Tenth Meeting - Held 28 February 1948 at EF
10.30 a.m.
XVIII. Sub-Committee G of Third Committee Working Papers
Documents (E/CONF.2/G/W.)
9 Draft Report of Sub-Committee G to Committee III E F
10 Notes on the Ninth Meeting - Held 25 Feburary 1948 E F
at.10.30 a.m.
11 Revised Draft Report of Sub-Committee G to Committee III E F
12 Revised Draft Report of Sub-Committee G to Committee III E F
XIX. Sixth Committee (Organization) Documents (E/CONF.2/C.6)
12/Add.18 Mexico: Proposed Amendment to Article 99 E F S
/12/Add.19 E/CONF. 2/INF.172
Page 8
XIX. Sixth Committee (Organization) Documents (E/CONF.2/C.6)
Document
Number
12/Add. 19
12/Add. 20
12/Add. 21
12/Add. 22
12/Add. 23
34
65/Corr. 2
72
75
76
77
Short Title
Suggestion of the United States Delegation with
Regard to Article 69 Sub-Paragraph (d) and Article
Rearrangement of Article 1 - Proposed by the
Delegation of Costa Rica
74
Mexico: Proposed Amendment
Note to Article 99- Proposed by the Delegation of E F
Guatemala
Amendment to Article 92, Paragraph 3, Submitted by E F
the Dolegations of Colombia and France
Report of the Sub-Committee on Article 92, Paragraph 1 S
Corrigendum to Summary Record of First Joint Meeting E
Report of the Sub-Committee on Articles 9,10 and 11 S
Report of the Sub-Committee on Article 83, Paragraph 2 S
Report by the Ad HoC Committee on Article 69 (c) (i) E F
Agenda for Twenty-Ninth Meeting -Held 18 Feburary 1948 E F
at 4.00 p. m. -0
Texs ofi ArtEle 100 and Paragraph 2 of Arti83ole _E S
as Approonved o Secnd Reading
78 x oi Af Ttreti9cwl 6asApeprovd ocnnd Roi Seaduing p E F S
to 19 uaFyebrr 1948
9 Report ofe eWth Erking Paronty cParagraph 2 of E F
Article 98
80 Prelnirymia Report of Sub-Committee J on E F
United States Amendment to Article 99
N8te ifqyh tErecttiarlt Rardingeg Stuat af e.theE F,
terIaaitlaln Court of Justice
2 R port of Sub-Committee J on Amendment of E F S
United Kingdom to Article 99
83 Report of Sub-Committee G on Chapter VIII EF
83/Corr.1Corrigendum to Report of Sub-Committee G on Chapter VIII E only
83/Add.1 Amedment to the Annex to Article 95 Proposed by E
the Delegation of the United Kingdom
84 Agenda for theThirtieth Meeting- Held 27 February 1948
at 10.30 a.m.
/85
Language
E F E/CONF.2/INF .172
Page 9
XIX. Sixth Committee (Organization) Documents (E/CONF.2/C.6)
Document
Number Short Title
85 Agenda for the Thirty-First Meeting - Held E F
28 February 1948 at 10.30 a.m.
86 Note from the Delegations of Australia, Canada, E F
Mexico, United Kingdom and United States
87 Agenda for the Thirty-Second Meeting - Held E
1 March 1948 at 2.30 p.m.
XX. Sixth Committee Summary Records (E/CONF.2/C.6/SR.)
28 Twenty-Eighth Meeting - Held 13 February 1948 at F
3.00 p.m.
29 Twenty-Ninth Meeting - Held 19 February 1948 E F
XXI. Sixth Committee Working Papers (E/CONF.2/C.6/W.)
98/Corr.2 Working Party to Consider the Question of an Interim E&F
Commission for the Internatianal Trade Organization -
Corrigendum
100 Notes of Sixth Meeting - Held 14 February 1948 at E F
6.00 p.m.
101 Working Party on Paragraph 2 of Article 98 - Redraft E F
Suggested by the Delegation of Cuba
102 Sub-Committee on Chapter VIII - Notes of Seventeenth E F
Meeting - Held 16 February 1948 at 3.00 p.m.
103 Notes of Eighteenth Meeting - Held 17 February 1948 E F
at 10.30 a.m.
104 Report of Informal Working Party oe Sub-Committee J - E F
United States Amendment to Article 99
105 Notes on Nineteenth Meeting - Held 18 February 1948 at E F
4.00 p.m.
106 Text of Chapter VIII as Redrafted by the Sub-Committee E F
l06/Rev.1 Text of Chapter VIII as Redrafted by the Sub-Committee E F
up to 18 February 1948
107 Notes on the Third Meeting - Held 19 February 1948 E F
at 4.00 p.m.
108 Sub-Committee on Article 93 - Text Suggested by E F
the Delegation of Czechoslovakia and Accepted by the
Sub-Committee on 20 February 1948, as a Basis for
Discussion
109 Sub-Committee on Article 1 - Text for Initial E F
Paragraph of Article 1 and Consequential Amendment
/110 E/CONF.2/INF.172 Page 10
XXI. Sixth Committee Working Papers (E/CONF.2/C.6/W.)
Document
Number Short Title
110 Sub-Committee J on Articles 95, 96, 98, 99 and 100 - E F
Notes on Fifteenth Meeting - Held 19 February 1948
111 Sub-Committee on Article 93 - Notes upon the E F
Sixth Meeting - Held 20 February 1948 at 10.30 a.m.
112 Sub-Committee on Article 93 - Working Paper Prepared E F
by the Secretariat
112/Corr.1 Corrigendum to Notes Upon the Sixth Meeting and to E&F
Working Paper Prepared by the Secretariat
112/Rev.1 Sub-Committee on Article 93 - Working Paper Prepared E F
by the Secretariat
112/Rev.1/ Corrigendum to Working Paper Prepared by the E&F
Corr.1 Secretariat
113 Sub-Committee on Chapter VIII - Notes upon the E F
Twentieth Meeting - Held 20 February 1948 at 4.00 p.m.
114 Sub-Committee J on Articles 95,96, 98, 99 and 100 - E F
Notes on Sixteenth Meeting - Held 21 February 1948
at 10.30 a.m.
115 Sub-Committee on Chapter VIII - Notes upon the E F
Twenty-First Meeting - Held 23 February 1948 at
2.30 p.m.
115/Corr.1 Corrigendum to Notes on Twenty-First Meeting E only
116 Sub-Committee on Article 93 - Notes upon the Seventh E F
Meeting - Held 23 February 1948 at 10.30 a.m.
117 Working Party on the Interim Commission for the E F
International Trade Organization - Note by the
Executive Secretary
118 Sub-Committee on Chapter VIII - Notes on the Twenty- E F
Second Meeting - Held 25 February 1948 at 10.30 a.m.
119 Sub-Committee an Article 93 - Note to Paragraph 2 of E F
Article 93 Suggested by the Delegation of the
United Kingdom
120 Sub-Committee on Article 93 - Notes on the Eighth E F
Meeting - Held 26 February 1948 at 2.30 p.m.
121 Sub-Committee I (Article 94) - Notes on the Seventh E F
Meeting - Held 27 February1948 at 4.00 p.m.
XXII. Central Drafting Committee Documents (E/CONF.2/C.8)
4 Proposed Redraft of the Final Text of Chapter IV - E&F
Section E
/5 E/CONF.2/INF.172
Page 11
XXII. Central Drafting Committee Documents (E/CONF.2/C.8)
Document
Number Short Title Language
Proposed Redraft of the Final Text of Chapter IV - E&F
Section F
6 Proposed Redraft of the Final Text of Chapter IV - E&F
Section D
7 Note by the Central Drafting Committee E F
8 Proposed.Redraft of the Final Text of Chapter IV - E&F
Section C |
|
GATT Library | kv432tj8995 | Cumulative list of documents issued from 17 January to 31 January 1948 : Prepared by the Documents Division | United Nations Conference on Trade and Employment, January 31, 1948 | 31/01/1948 | official documents | E/CONF.2/INF.131 and E/CONF.2/INF.110-201 | https://exhibits.stanford.edu/gatt/catalog/kv432tj8995 | kv432tj8995_90180108.xml | GATT_145 | 4,259 | 29,561 | United Nations Nations Unies
CONFERENCE CONFERENCE
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
UNRESTRICTED E/CONF.2/INF.131
31 January 1948
ENGLISH ONLY
CUMULATIVE LIST OF DOCUMENTS ISSUED FROM
17 January to 31 January 1948*
Prepared by the Documents Division
I. Plenary Documents (Symbol E/CONF.2)
Short Title
Note from the Executive Secretary - Translation
of Important Conference Documents into Spanish
Report of the Ad Hoc Committee on the Amendment
to Rule 38 of the Rules of Procedure
Note from the Executive Secretary to Heads of
Delegations and Chairmen of Committees and
Sub-Committees - Progress of Work of the
Conference
Agenda - Heads of Delegations Meeting - Saturday,
31 January 1948 at 3.00 p.m.
Explanatory Statement by the Delegations of:
Argentina, Bolivia, Brazil, Colombia, Costa Rica,
Chile, Dominican Republic, Ecuador, El Salvador,
Guatemala, Haiti, Mexico, Panama, Peru, Uruguay
and Venezuela
II. Plenary Information: Documents (E/CONF.2/INF.)
1/Rev.5
1/Rev.5/Corr.1
42/Rev.2/Add.1
& Corr.1
108
109
List of Delegates and Observers
Corrigendum to List of Delegates
Addendum and Corrigendum to List of Committees
and Sub-Committees
Documents Distributed up to 4.00 p.m.,
17 January 1948
Note from the Executive Secretary -
Interpretation into Spanish -
110 Cumulative List of Documents Issued from
3 January to 17 January 1948 - Prepared by the
Documents Division
For ldstdmofm ocuent issued up to 17January,OseOe E/CNF.2/INF.37,
F.2/IN.69/, /ECON.2F/INF,ONand E/CONF. 2/110.
E F
E F
E &F
E F
l
Document
Number
28
29
30
31
32
E F
E F
EF
E &F
E FS II.
Plenary Information Documents (E/CONF.2/INF.)
Short Title
Documents Distributed up to 4.00 p.m.,
18 January 1948
Protocol List - Note to Delegations from
Conference Department
Note to Delegations Regarding the Delegation
of Turkey
Documents Distributed up to 4.00 p.m.,
19 January 1948
Documents Distributed up to 4.00 p.m.,
20 January 1948
Provisional Future Programme of Meetings
Documents Distributed up to 4.00 p.m.,
21 January 1948
Corrigendum to Documents Distributed up to 4.00 p.m.,
21 January 1948
Documents Distributed up to 4.00 p.m.,
22 January 1948
Notes to Delegations Regarding Changes in
Delegations
Documents Distributed up to 4.00 p.m.,
23 January 1948
Provisional Future Programme of Meetings
Documents Distributed up to 4.00 p.m.,
24 January 1948
Documents Distributed up to 4.00 p.m.,
26 January 1948
Documents Distributed up to 4.00 p.m.,
27 January 1948
Provisional Future Programme of Meetings
Documents Distributed up to 4.00 p.m,
28 January 1948 --
ocuments Dist,mributed up to.4.00 p.m.
29 January 1948
Documents Distributed up to 4.00 p.m.,
30 Januay 1948
Provisioal FuLre Programme of Meetings
y/II. Order of the DE
/CW/33Fo,o
Pee2
Document
Number
111
112
113
5
6
116
117
17/Corr.1
118
119
120
121
122
123
124
12
126
127
128
129
Langage
E &F
E &F
E &F
E &F
E &F
E
E &F
E &
FE &
E F
E &F
E &F
E &F
L E/CONF.2/INF.131
Page 3
III. Order of the Day (E/CONF.2/OD.)
Short Title
Programme of Meetings
Programme of Meetings
Programme of Meetings
Programme of Meetings
Programme of Meetings
Programme of Meetings
Programme of Meetings
Programme of Meetings
Programme of Meetings
Programme of Meetings
Programme of Meetings
Programme of Meetings
IV. Plenary Working
- Monday, 19 January 1948
- Tuesday, 20 January 1948
- Wednesday, 21 January 1948
- Thursday, 22 January 1948
- Friday, 23 January 1948
- Saturday, 24 January 1948
- Monday, 26 January 1948
- Tuesday, 27 January 1948
- Wednesday, 28 January 1948
- Thursday, 29 January 1948
- Friday, 30 January 1948
- Saturday, 31January 1948
Papers (E/CONF.2/W.)
15 Tariff Committee and Committee on Economic
Development - Note Submitted for Discussion by
Australian, Mexican and United States Delegations
V. General Committee Documents (E/CONF.2/BUR)
28 Agenda for Ninth Meeting - To be Held on Friday,
23 January 1948, at 6.00 p.m.
29 Agenda for the Tenth Meeting - To be Held on
Friday, 30 January 1948 at 10.30 a.m.
VI. General Committee Summary Records (E/CONF.2/BUR/SR.)
8 Summary Record of Eighth Meeting - Held on Friday,
16 January 1948 at 3.00 p.m. -
9 Summary Recordgh of Ninth Meeti ,- Held on Friday
23 January 1948 at 6.00 p.m.
VIcI. pmlooymeymee (ERplc ct Economie Activty)
Documents (E/CONF.2/C.1)
15 Text Approved by the First Committee During the
Eighth and Ninth Meetings
17 Sub-Committee C:. Resolution on Employment -
Report of the Sub-Committee
17/Corr.1 Sub-Committee C: Resolution on Employment -
Report of the Sub-Committee
miee SommitteenTi
E F
E &F
E F
FE &
E &F
&F
&FE
E &F
&F
E &F
E &F
E F
E F
E F
S
S
S
Document
Number
51
52
53
4
55
56
57
58
59
60
61
62
Language E/CONF.2/INF.131 Page 4 . :..
Docu
ll.ec nd CSmmotteetic DEomicomDe eevlmeoms estocmensnt (E/CONF.2/C.2)
cumeet
Number Short Title
29 Report of Sub-Committee B on Article 12 -
International Investment for Economic Development
30 Agenda for Seventeenth Meeting - To be Held
Monday, 26 January 1948 at 6.00 p.m.
31 Amendments Proposed to the Report of Sub-Committee
B on Article 12
32 Agenda for the Eighteenth Meeting - To be Held
on 29 January 1948, at 3.00 p.m.
33 Views of International Chamber of Commerce on
Article 12
33/Corr.1 Views of International Chamber of Commerce on
Article 12 - Corrigendum
34 Agenda for Nineteenth Meeting - To be Held on
Friday, 30 January 1948 at 10.30 a.m.
IX. Second Committee Summary Records (E/CONF.2/C.2/SR.)
16 Compte Rendu Analytique de la Seizieme Seance -
Tenue le mercredi 31 decembre 1947 a 10 h.30
17 Summary Record of Seventeenth Meeting - Held
Monday, 26 January 1948, at 6.00 p.m.
19 Summary Record of the Nineteenth Meeting - Held
30 January 1948, 10.30 a.m.
X. Sub-Committee B of Second Committee (Article 12)
Documents (E/CONF.2/C.2/B)
Agenda for the Sixth Meeting -To be Held on
Monday, 19 January 1948, at 3.00 p.m.
6 Agenda for the Seventh Meeting -To be Held on
Thursday, 22 January 1948, at 6.00 p.m.
XI. Sub-Committee B of Second Committee Working Papers
(E/CONF.2/C.2/B/W.)
rty.......... .... -Aricl 3.2.
11 Report of the Working Party on Article 12
12 Notes Sixth Meeting - Heldon Tuesday,
20 January48 at 3.00 p.m.
13 II Draft Report to Committee on Article 12
14 Notes of the Seventh Meeting - Held on Thursday,
22January-98- a 6.00 p.m.
14/Corr. Corrigendum to Notes of Seventh Meeting
/fXII. Sub-Committee C o
E F
E &F
E &F
E F
E &F
E F
E F
E &F
E F
E F
EF
F
E F
& E/CONF. 2/INF. 131
Page 5
XII. Sub-Committee C of Second Committee (Articles 13 and 14)
Documents (E/CONF.2/C.2/C/)
Document
Number Short Title Language
6 Agenda of the Sixth Meeting - To be Held on E &F
Thursday, 22 January 1948
7 Notes on the Fifth Meeting - Held on 21 January 1948 E F
at 10.30 a.m.
8 Agenda of the Seventh Meeting - To be Held E &F
on Friday, 23 January 1948
9 Agenda for Eighth Meeting - To be Held on E &F
26 January 1948
10 Notes on the Eighth and Ninth Meetings - Held E F
Monday, 26 January 1948, at 10.30 a.m. and
3.00 p.m.
11 Agenda for Tenth Meeting - To be Held E &F
28 January 1948 at 3.00 p.m.
XIII. Sub-Committee C of Second Committee Working Papers
(E/CONF.2/C.2/C/W.)
6 Notes on the Sixth Meeting - Held Thursday, E F
22 January 1948 at 10.30 a.m.
7 Notes on Seventh Meeting - Held Friday, E F
23 January 1948 at 10.30 a.m.
8 The Report of Working Party II of Sub-Committee C E F
of Committee II
9 Notes on the Tenth Meeting - Held on Wednesday, E F
28 January 1948 at 3.00 p.m.
XIV. Sub-Committee D of Second Committee
(Footnote to Chapter III on "Reconstruction")
Documents (E/CONF.2/C.2/D/) .
2 Agenda for Third Meeting - Held 28 Januar y 1948,E F
at 3.00 p.m.
2/Corr.1 Corrigendum to Agenda for Third Meeting E &F
XV. Sub-Committee D of Second Committee Working Papers (E/CONF.2/C.2/D/W.)
3 Czechoslovakia: Observations Concerning th e DraftE F
Report of the Sub-Committee on the Note on
Reconstruction in Chapter III of the Draft Charter
(/CCONF.2/c.2/D/W.1)
/XV. Joint Sub-Committee of E/CONF.2/INF.131 Page 6
XVI. Joint Sub-Committee of Second and Sixth Committees
Documents (E/CONF.2/C.2&6/A/)
Document
Number Short Title Language
14 Agenda for Twentieth Meeting - Held Monday, E F
19 January 1948 at 6.00 p.m.
15 Agenda for Twenty-First Meeting - Held Tuesday, E F
20 January 1948 at 6.00 p.m.
16 Agenda for Twenty-Second Meeting - Held Wednesday, E &F
21 January 1948 at 6.00 p.m.
XVII. Joint Sub-Committee of Second and Sixth Committeee Working Papers
(E/CONF.2/C.2&6/A/W.)
21 Notes on Nineteenth Meeting - Held on E &F
17 January 1948 at 3.00 p.m.
22 Opinion of Legal Adviser of Secretariat Regarding E F
Paragraph 3 of New Article 12A Proposed by
Colombia - (Page 28 of E/CONF.2/C.2/9)
23 Notes on Twentieth Meeting - Held on E F
19 January 1948 at 6.00 p.m.
24 Notes on Twenty-First Meeting - Held on E F
20 January 1948 at 6.00 p.m.
. . . . .;.<
25 rotof WoirtiungE1PartyNo. 3 n ENe 'Acle A B F
Proposed by Chile
26 S Notes on Twenty-econd Meeting - HeEld on F
21 January 1948 at 6.00 p.m.
27 Noteson Twenty-Thoird Meeting Held p E F
24 January 1948 at 6.00 p.m.
28 me Mxican Aidment to Article 9 E F
XVIII. Thirdi Committee (Commercal Policy) Documents (E/CONF.2/C.3)
0/Add.3/Rev.1 oubr-Committee C: GeoneFl Commercial PrvisFions E Y
Article 3 Czechoslovakia: Suggested changes
in Norwegian Redraft.
10/Add.4 Sunb-Commimmettee C: Geeral Corcial ProEvisions F
Artiicle 3 Aftrala: Suggseinsted change ,.;
fN.ore~n -t ;%fi
11n/Add JoiatSub-Committee on.Triff Preferences - E F
Revison of Article 42 Proposed by.he French
Deleion.--
37 Report ofSub-Committee D on Articles 40, 41, E F
and 43
37/Corr nCorrigeEdu to Report of Sub-Committee D E B oly
/38 E/CONF.2/INF.131
Page 7
Third Committee (Commercial Policy) Documents (E/CONF.2/C.3)
Short Title
Sub-Committee C - Chapter IV, Section E - General
Commercial Provisions - Report of Sub-Committee C
to Committee III
Sub-Committee C - General Commercial Provisions -
Argentina: Amendments to the Report of
Sub-Committee C
Agenda for Twenty-Ninth Meeting of Committee III
- Held on 30 January 1948, 3.00 p.m.
Agenda for Thirtieth Meeting of Committee III
- Held on 31 January 1948, 10.30 a.m.
XIX. Third Committee Summary Records (E/CONF.2/C.3/SR.)
Summary Record of the Twenty-Ninth Meeting -
Held Friday, 30 January 1948 at 3.00 p.m.
XX. Sub-Committee A of Third Committee (Articles 16-19)
Documents (E/CONF.2/C .3/A/)
Agenda for Twenty-Fifth Meeting - Held on Tuesday,
20 January 1948 at 3.00 p.m.
Agenda for Twenty-Sixth Meeting - Held on Friday,
23 January 1948, 6.00 p.m.
Agenda for Twenty-Seventh Meeting - Held on Saturday,
24 January 1948, 10.30 a.m.
Agenda for Twenty-Eighth Meeting - Held on Monday,
26 January 1948, 3.00 p.m.
Agenda for Twenty-Ninth Meeting - Held on Tuesday,
27 January 1948, 3.00 p.m.
Agenda for Thirtieth Meeting - Held on Wednesday,
28 January 1948, 10.30 a.m.
Text of Article 17 as Adopted by Sub-Committee A
Texte de l'article 17 tel qu'il a été adopté par la
sous-commission A
Agenda for Thirty-First Meeting - Held Thursday,
29 January 1948, 3.00 p.m.
Agenda for Thirty-Second Meeting - Held Friday,
30 January 1948, 3.00 p.m.
Language
E F S
E F
E &F
E &F
E &F
E &F
E &F
E &F
E F
E F
E F
F only
E F
/XXI. Sub-Committee A of
XVIII.
Document
Number
38
38/Add.1
39 40
29
12
13
14
15
16
17
18
18/Rev.1
19
20 E/CONF.2/INF.131
Page 8 -.
Sub-Committee A 3b-Third Committee W7rkrrd PapersO (E/OCFQ.2Ww.3/W.)
Document
Number
34
35
36
37
37/Add.1
37/Rev.1
38
39
39/Corr.1
40
40/Rev.1
41 42
42/Corr.1
42/Corr.1/
Rec.1
43
44
45
Short Title Language
Notes of the Twenty-Second Meeting - Held on E F
Thursday, 15 January 1948, at 10.30 a.m.
Notes of the Twenty-Third Meeting - Held on E F
6 January 1948, at 10.30 a.m.
Report of Working Party 1 (Article 16, Annex A) E F
Report of Working Party 2 (Article 17) E F
Addendum to Report of Working Party 2 E &F
(Article 17)
Rapport du Groupe de Travail No. 2 (Article 17) F only
Notes of Twenty-Fourth Meeting - Held on Monday, E F
19 January 1948, 3.00 a.m.
Notes of the Twenty-Fifth Meeting - Held on E F
Tuesday, 20 January 1948, at 3.00 p.m.
Corrigendum to Notes of Twenty-Fifth Meeting - E &F
20 January 1948, 3.00 p.m.
Amendment to Text of Article 17 Recommended in E F
Working Party Report.
Amendment au texte de l'article 17
Note on Twenty-Sixth Meeting - Held on Friday, E F
23 January 1948, 6.00 p.m.
Notes on Twenty-Sevent Meeting - Held on E F
Saturday, 24 January 1948, 10.30 a.m.
Corrigendum to Notes of Twenty-Seventh Meeting - E F
10 Jan uary 1948, 10.30 a.m.
Notes de la vingt-septieme Seance - Tenue le F only F
jhsamedi 24anvier 1948, a 10 h.30-
Notes on Twenty-Eighth Meetingd - Held Monay F, E
26 January 948, 3.00 p.m.
Notes on Twenty-Ninth Meeting - Held Tuesday, E F
January 1948, 3.00 p.m.
Notes of Thirtieth Meeting - Held Wednesday, E F
2Jdta 19; 10.30 a.m.
KI. Subm-Coamtte e Bmo Thirdm Cormttee (Article 18A)
Documents (E/CONF.2/C.3/B/)
Anda for Tihlr Meeting -,Hld Monda,y1 E & F 3 &a
9 January 19 48, 6.00m.mm. in Conittee Room E
/XII. mSub-Cozmttee B of Third
ly
only
only E/CONF.2/INF.131
Page 9
XXIII. Sub-Committee B of Third Committee Working Papers (E/CONF.2/C.3/B/W.)
Document
Number Short Title Language
3 Notes on Third Meeting - Held Monday, E F
19 January 1948, 6.00 p.m.
XXIV. Sub-Committee C of Third Committee (Technical Articles)
Documents (E/CONF.2/C. 3/C/)
17 Agenda for Seventeenth Meeting - Held on E F
21 January 1948
18 Article 33 - Anti-dumping and Countervailing E F
Duties - Report of the Working Party to
Sub-Committee C
19 Agenda for Eighteenth Meeting - Held on E F
24 January 1948
20 Agenda for Nineteenth Meeting - Held on E &F
28 January 1948
XXV. Sub-Committee C of Third Committee Working Papers (E/CONF.2/C.3/C/W.)
16 Notes on Sixteenth Meeting - Held on E F
16 January 1948 6.00 p.m.
17 Notes on Seventeenth Meeting - Held on E F
21 January 1948, 10.30 a.m.
18 Chapter IV, Section E - Draft Report of E F
Sub-Committee C to Committee III
19 Notes on Eighteenth Meeting - Held on E F
26 January 1948, 10.30 a.m.
20 Notes on Nineteenth Meeting - Held on E F
28 January 1948, 6.00 p.m.
XXVI. Sub-Committee D of Third Committee (Articles 40-43)
Documents (E/CONF.2/C.3/D)
6 Agenda for Seventh Meeting - Held Tuesday, E F
20 January 1948
7 Agenda for Eighth Meeting - Held Wednesday, E &F
28 January 1948, 3.00 p.m.
XXVII. Sub-Committee D of Third Committee Working Papers
(E/CONF.2/C.3/D/W.)
10 Notes on Sixth Meeting - Held Friday, E F
16 January 1948, 3.00 p.m.
11 Notes on Seventh Meeting - Held on Thursday, E F
22 January 1948, 3.00 p.m.
/12~~~1 E/CONF.2/INF.131
Page 10
XXVII. Sub-Committee D of Third Committee Working Papers
(E/CONF.2/C.3/D/W.)
Document
Number Short Title Language
12 Sub-Committee D (Articles 40, 41 and 43) - E F
Draft Report
13 Notes on Eighth Meeting - Held Wednesday, E F
28 January 1948
XXVIII. Sub-Committee E of Third Committee (Articles 20 and 22)
Working Papers (E/CONF.2/C.3/E/W.)
16 Report of Working Party No. 6 on Item 23 (Chile) E F
and Item 24 (Geneva Draft Note)
XXIX. Sub-Committee F of Third Committee (Articles 21, 23 and 24)
Working Papers (E/CONF.2/C.3/F/W.)
15 Liberia: Proposal E F
16 Notes of Sixth Meeting - Held Thursday E F
15 January 1948, 3.00 p.m.
17 Notes on Eighth Meeting - Held Saturday, E F
17 January 1948, 3.00 p.m.
18 Notes on Seventh Meeting - Held Friday, E F
16 January 1948, 3.00 p.m.
19 Report of Working Party on Article 21 E F
20 Notes on Ninth Meeting - Held Friday, E F
23 January1948, 10.30 a.m.
XXX. Sub-Committee G of Third Committee (Swiss Proposal)
Documents (E/CONF.2/C.3/G/)
4 Agenda for Third Meetng - Held 19 January 1948 E &F
3.00 p.m.
5 Agenda for Fourth Meeting - Wednesday, E &F
21 January 1948,10.30 a.m.
6 Agenda for Fifth Meeting - Held Friday, E &F E 1
23 January 1948, 6.00 p.m.
7 g n Aeod Sax fh Meetinritig - Held on Saturday, E &F
24 Jaynu1ar 9.48,300 p.m. -
nda foretin S H th Me geld Fuesday, -i:.
27, Jn00uary 194866.op.m.
m. SubComitteme Gd ffomittee Toh Com drs ritnP/CON?apes.i (E1.23/G/W.)-
3 n Notes o Third M-eeting Held on Monday, E F
9 Jaary 1948, 3.00 p.m.
4 Notes rohn Fout Meetinldg - He Wednesday, E F
21 J anuary1948, 10..30 a.m
/14/Rev. E/CONF.2/INF.131
Page 11
XXXI. Sub-Committee G of Third Committee Working Papers (E/CONF.2/C.3/G/W.)
Document
Number Short Title
4/Rev.1 Notes on Fourth Meeting - Held Wednesday,
21 January 1948, 10.00 a.m.
5 Notes on Fifth Meeting - Held Friday,
23 January 1948, 6.00 p.m.
6 Notes on Sixth Meeting - Held Monday,
26 January 1948, 3.00 p.m.
7 Notes on Seventh Meeting - Held Tuesday,
27 January 1948, 6.00 p.m.
XXXII. Sub-Committee J of Third Committee (State Trading)
Documents (E/CONF.2/C.3/J/)
Agenda for Fourth Meeting - Held Wednesday,
21 January 1948, 6.00 p.m.
6 Agenda for Fifth Meeting - Held Friday,
23 January 1948, 10.30 a.m.
7 Agenda for Sixth Meeting - Held Thursday,
29 January 1948
XXXIII. Sub-Committee J of Third Committee Working Papers
(E/CONF.2/C.3/J/W.)
3 Notes on Third Meeting - Held Saturday,
17 January 1948, 6.00 p.m.
4 Notes on Fourth Meeting - Held Wednesday,
21 January 1948, 6.00 p.m.
5 Notes on Fifth Meeting - Held Friday,
10.30 a.m.
XXXIV. Fourth Committee (Restrictive Business Practices)
Documents (E/CONF.2/C.4)
13 Agenda for the Eleventh Meeting - Held on
19 January 1948, 10.30 a.m.
14 The Text of Chapter V as Approved by Committee IV
15 Draft Report to the Conference
16 Agenda for Twelfth Meeting - Held
30 January 1948, 10.30 a.m.
XXXV. Fourth Committee Summary Records (E/CONF.2/C.4/SR.)
6/Corr.1 Corrigendum to the Summary Record of the Sixth
Meeting
9/Corr.1 Corrigendum to the Summary Record of the Ninth
Meeting
Language
E F
E F
E F
E F
E &F
E F
E F
E F
E &F
E F
E F
E &F
E F
E F E/CONF.2/INF.131 Page 12
XXXV. Fourth Committee Summary Records (E/CONF.2/C.4/SR.)
Document
Number
10
10/Corr.1
10/Corr.2 11
11/Corr.1
11/Corr.2
11/Corr.3
12
14
15
16
14
Short Title Language
Summary Record of Tenth Meeting - Held on E F
16 January 1948, 10.30 a.m.
Corrigendum to the Summary Record of the Tenth E &F
Meeting
Corrigendum to the Summary Record of the Tenth E &F
Meeting
Summary Record of the Eleventh Meeting - Held on E F
19 January 1948, 10.30 a.m.
Corrigendum to the Summary Record of the Eleventh E F
Meeting
Corrigendum Corrigendum to the Summary Record of the Eleventh E &F
Meeting
Corrigendum to the Summary Record of the Eleventh E &F
Meeting
Summary Record of Twelfth Meeting - Held on E F
Friday, 30 January 1948, 10.30 a.m.
XXXVI. Fifth Committee (Inter-Governmental Commodity Agreements)
Documents (E/CONF.2/C.5)
Report of the Joint Sub-Committee E F
Agenda for the Fourteenth Meeting - Held Tuesday, E &F
20 January 1948, 3.00 p.m.
Note by the Secretariat Concerning a Resolution on E F
the Interim Co-ordinating Committee.
XXXVII. Fifth Committee Summary Records (E/CONF.2/C.5/SR.)
Summary Record of Fourteenth Meeting - Held E F
Tuesday, 20 January 1948, 3.00 p.m.
XXXVIII. Fifth Committee Working Papers (E/CONF.2/C.5/W.)
5 Draft Report to the Conference
5/Corr.1 Corrigendum au Project de Rapport a la Conference
XXXIX. Sixth Committee (Organization) Documents (E/CONF.2/C.6)
12/Add.13 United Kingdom: Proposed Amendmet to Article 99 E &F
12/Add.14 Chile: Proposed Amendments to Article 83
12/Add.15 Costa Rica: Proposed Amendment to Article 92 E &F
Paragraph 1
E F
F only
E F
S
/12/Add.16 E/CONF.2/INF.131
Page 13
Document
Number
12/Add.16
12/Add.17
45
46
46/Corr.1
47
48
48/Corr.1
49 50
51
52
53
54 55
56
57
XXXIX. Sixth Committee (Organization) Documents (E/CONF.2/C.6)
Short Title
Costa Rica: Proposed Amendment to Article 80
Paragraph 1
Costa Rica: Proposed Rearrangement of Article 69
Report of the Joint Sub-Committee
Agenda for the Twenty-First Meeting - Held
Tuesday, 27 January 1948, 10.30 a.m.
Correction to Agenda for the Twenty-First Meeting
Note by the Secretariat Concerning a Resolution on
the Interim Co-ordinating Committee.
Interim Report of Sub-Committee J on Articles 95,
96, 98, 99 and 100
Corrigendum to interim Report of Sub-Committee J
on Articles 95, 96, 98, 99 and 100
Interim Report of Sub-Committee J on Articles 95,
96, 98, 99 and 100
Notification by the Sub-Committee on Chapter VIII
to Committees and other Sub-Committees of the
Conference
Agenda for the Twenty-Second Meeting - Held
Wednesday, 28 January 1948, 3.00 p.m.
Note by the Chairman of the Sixth Committee
Texts of Articles 71 (Composition of the Conference)
and 73 (Sessions, Procedure and Officers of the
Conference) as Approved by the Sixth Committee on
Second Reading
Report of the Sub-Committee on Article 75
Article 100 - Note by the Secretariat
Report of the Sub-Committee upon Paragraph 5 of
Article 68 (Membership)
Texts of Paragraphs 1, 2 and 3 of Article 68,
Articles 76, 77, 79, 82, 84, 85,86, 87 and 88
as Approved by the Sixth Committee on Second
Reading
Agenda for Twenty-Third Meeting - Held Monday,
2 February 1948, 10.30 a.m.
/XL. Sixth
Language
E &F
S
E F
E F
E &F E &F
E F
E F
E F
E F
E F
E &F
E F
E F E/CONF.2/INF.131 Page 14
XL. Sixth Committee Summary Records (E/CONF.2/C.6/SR.)
Document
Number Short Title Language I
21 Sumary Record of the Twenty-First Meeting - E F
Held Tuesday, 27 January 1948, 10.30 a.m.
22 he Summary Record of t- Twenty-Second Meeting E F
Held Wednesday, 28 January 1948, 3.00 p.m.
XI. Sixth Co/it/tee Working Papers (EICNF.2/C.6/W.)
49/Corrummary.u Correction to Si7ecord of Fifth Meeting E &F
51 s Sous-Commision "C " Chargee de l'Examen de F
'Article 75 (Composition du Conseil Executif)
s52 si So-Come';iseen Cehargee de 1xamn dol'Article 75 F
(Composition de Conseil Executif) - Compte rendu
sede l Quin ziemuajre tenuesle17 Janier 1948
a h.30
5 S -C mm n ouslnssi o lChargee'e 1Etude du'Chapitre F
VIII (Reglement des Differends - Interpretation)
- Colombie: Proposeitioen d'amndemnts a
article 90
54 mm Sous-Coission Chargee d'Etudier le Chapitre VIII F
(Reglement des Differends - Interpretation) -
lNotes de ase nsixieme ace, tenue le 16 Janvier 1948,
a 17 heures 30
55 Working St Party toudy the Queanstion of Interim E F
Coission for the International Trade
Organization - Note by the Executive Secretary
515/Corr. Corrigendum to Note by the Executive Secretary E &F
56 Summary Record of the Fourth Meeting - Held E F
17 Jnuary 1948 at 3.00 p.m.
561/Corr. Corrigendum mto Sumary Record of Fourth M E &Feeting
ndCr.2 m Corenrimgmdxot mSumary Record oof Fcurh Meeting E F
57 Submmi-Cottee on Chapter VIII (Slettement of E F
Differences - Interpretation)
58 Notes upon the First Meeting - Held E F
Ja19nuyar 1948, 10.30 ma.'
5C8/or1r. Coirrgendum to Notes on Fsirt Meeting &E F
59 Notes on Sixth Meeti ng- Held 20 January 19,48 E F
60 Notes on Fourth Meeting - Held Saturday, E F
17 January 1948, 6.00 p.m.
/60/Corr.1 E/CONF.2/INF.131
Page 15
XLI. Sixth Committee Working Papers (E/CONF.2/C.6/W.)
Document
Number Short Title Language
60/Corr.1 Sub-Committee I (Article 94) - Notes of the E &F
Fourth Meeting
61 Notes on Fifth Meeting - Held 19 January 1948, E F
6.00 p.m.
61/Corr.1 Corrigendum to Notes of Fifth Meeting E &F
62 Notes on Seventh Meeting - Held 21 January 1948, E F
10.30 a.m.
63 Note by the Executive Secretary E F
64 Notes upon the Eighth Meeting - Held E F
21 January 1948, 3.00 p.m.
65 Summary Record of Seventh Meeting - Held E F
21 January 1948, 6.00 p.m.
66 Notes on Ninth Meeting- Held 22 January 1948, E F
10.30 a.m.
67 Notes on Second Meeting - Held 22 January 1948, E F
6.00 p.m.
67/Corr.1 Corrigendum to Notes of Second Meeting E
67/Rev.1 Notes on the Second Meeting- Held 22 January 1948, E F
6.00 p.m.
68 Text of Arrangement Regarding the Establishment E F
of an Interim Commission as Drafted at First
Reading
69 Note by the Executive Secretary
70 Summary Record of Eighth Meeting - Held E F
23 January 1948, 3.00 p.m.
71 Notes upon the Tenth Meeting - Held 26 January 1948, E F
10.30 a.m.
72 Compromise Formula Suggested by the Delegation E F
of Cuba - Annex X to Article 75
73 France: Proposed Amendment E F
73/Add.1 France: Proposed Amendment - E F
Addendum
74 Summary Record of Ninth Meeting- Held E F
26 January 1948, 6.00 p.m.
75 Sub-Committee on Article 75 - Draft Report E F
/76 E/CONF.2/INF.131 Page 16
XLI. Sixth Committee Working Papers (E/CONF.2/C.6/W.)
Document
Number Short Title Language
76 Notes on Third Meeting - Held 28 January 1948,
10.30 a.m. A
77 ee Notesuion the Fi±tpth Meeting- Held
29 January 1948, .00 p.m.
78 Notes upon the Eleventh Meeting - Held
28 January 1948, 6.00 p.m.
79 m o Sumary R ecrd of Tenth Meeting -HeldFriday,
30 January 1948, 10.30 a.m.
80 Report of Working Party 3 of Sub-Committee G
LII. Central Drafting Committee Documents (E/CONF.2/C.8)
e1 Prp~w Redraft of the Final Text of Chapter II
1/Rev. Proposed Redraft of the Final Text of Chapter II
2 Proposed Redraft of the Final Text of Chapter V
E F
E &F
O
A |
|
GATT Library | fg086sb8168 | Cumulative list of documents issued from 20 December 1947 to 3 January 1948 : Prepared by the documents division | United Nations Conference on Trade and Employment, January 3, 1948 | 03/01/1948 | official documents | E/CONF.2/INF.89 and E/CONF.2/INF.8-110 | https://exhibits.stanford.edu/gatt/catalog/fg086sb8168 | fg086sb8168_90180106.xml | GATT_145 | 4,582 | 33,603 | United Nations Nations Unies
CONFERENCE CONFERENCE
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/INF.89
3 January 1948
ENGISH ONLY
CUMULATIVE LIST OF DOCUMENTS ISSUED FROM
20 December 1947 to 3 January 1948*
Prepared by the Documents Division
I. Plenary Documents (Symbol E/CONF.2)
Document
Number Short Title
4/Rev.1 External Trade, Population and National Income of
Countries Participating in the United Nations
Conference on Trade and Employment - November 1947
4/Rev.1/Corr.1 Corrigendum - External Trade, Population and National
Income of Countries Participating in the United
Nations Conference on Trade and Employment -
November 1947
4/Rev.1/Add.1 Observations by the delegation of Czechoslovakia to
document E/CONF.2/4/Rev.1
18 Progress of the Work of the Conference - Note by the
President
18/Corr.1 Meeting of Heads of Delegations - Note by the
Executive Secretary
19 Heads of Delegations - Summary record of Meeting
held on Wednesday, 24 December 1947 at 10.30 a.m.
20 Invitation to the International Trade Organization
to be Represented in the Manpower Conference in Rome
21 Recommedation of General Committee Regarding Central
Drafting Committee
22 Agenda - Twelfth Plenary Meeting to be Held at
3.45 p.m., Wednesday, 31 December 1947
23 Heads of Delegations - Summary Record of Meeting
Held on 24 December 1947 at 3.00 p.m.
II. Plenary Information Documents (E/CONF.2/INF.)
1/Rev.4/Add.2 Addendum and Corrigendum to List of Delegates
and Corr.2
2/Add.2 Documents Information
42/Add.2 Addendum to List of Committee and Sub-Committees
42/Rev.1 List of Committees and Sub-Committees
46/Corr.1 Corrigendum to Preliminary List of Delegates to
Principal Committees
E E
E F E F
E &F
E F E F E F
E &F E F E F
E F
E F
E
E F
* For list of Documents issued up to 20 December, see E/CONF.2/INF.37 and
E/CONF. INF. 69. E/CONF.2/INF.89
Page 2
_S -. I-..
. .
IatiuI. ey InfosrmF.)ocumenteF.)0 (E/ONF.2/INT,
m
r Short Tit Languagele
/Corr.1 Proposed Future Programme of Meetings E &F
Cumulative List of Documents Issued From 6 December E only
to 20 December 1947 - Prepared by the Documents
Division
Documents Distributed up to 4.00 p.m., 20 December E &F
1947
Statemen t by the Delegation of India on the Pakistan E F
Delegation's Amendment to Article 7, and on the Speech
of the Pakistan Delegate in Support of the Amendment
Documents Distributed up to 4.00 p.m., 22 December
1947
Documents Distributed up to 4.00 p.m., 23 December. E &F
1947
Documents ,Distributed up to 4.00 p.m. 24 December E &F
1947
Documents Distributed up to 4.00 p.m., 26 December E &F
1947.
Future Programme of Meetings E F
Notice to Delegations: Guatemalan Delegation E &F
Note to Delegations Re: Iranian Delegation E &F
Notice to Delegations Re: Uruguayan Delegation E &F
Documents Distributed up to 4.00 p.m., 27 December E&F
1947
Documents Distributed up to 4.00 p.m., 28 December E &F
1947
Documents Distributed up to 4.00 p.m. 29 December E &F
1947
Documents Distributed up to 4.00 p.m., 30 December. E &F
1947
Future Program of Metinges E F .-e
Docuts Distributed up to 4.00 p.m., 31December" &F
1947. -
. Document:Distributedup to 4.00 p.m., 1 January 1948 E &F
dDocuments DisibutE&u to 4.00 p.m.,E & 2 January l948 &§
uture ProgrammeEf Meetings E . F
/III. Order of the Day
ocu
umb
67/C
69
70
71
72
73
74
7
76
77
78
79
80
81
82
83
4
86
87 E/CONF.2/INF.89
Page 3
III.Order of the Day (E/CONF.2/OD.)
Monday, 22 December 1947
Tuesday, 23 December 1947
Wednesday, 24 December 1947
Friday, 26 December 1947
Saturday, 27 December 1947
Monday, 29 December 1947
Tuesday, 30 December 1947
Wednesday, 31 December 1947
Thursday, 1 January 1948
Friday, 2 January 1948
Saturday, 3 January 1948
Language
E &F E &F E&F
E &F
E &F
E &F
E &F E&F
E &F
E &F
E &F
E &F
E F
E F
E F
E F
E &F
E F E F
E F
Document
Number Short Title
28 Programme of Meetings,
29 Programme of Meetings,
30 Programme of Meetings,
31 Programme of Meetings,
32 Programme of Meetings,
33 Programme of Meetings,
34 Programme of Meetings,
35 Programme of Meetings,
36 Programme of Meetings,
37 Programme of Meetings,
38 Programme of Meetings,
38/Corr.1 Corrigendum to Programme of Meetings, Saturday,
3 January 1948
IV. Plenary Summary Records (E/CONF.2/SR.)
12 Twelfth Meeting Held on Wednesday, 31 December 1947
at. 3.45 p.m.
V. General Committee Documents (E/CONF/.2/BUR/)
13/Add.l Letter from the Representative of the International
Chamber of Commerce
1/Add.l Addendum
18 Progress of the Conference - Note by the Executive
Secretary
19 Agenda for the Meeting to be Held on Friday, 2 January
1948 at 6.00 p.m.
VI - General Committee Summary Records (E/CONF.2/BUR/SR.)
5 Fifth Meeting Held on 17 December 1947 at 6.30 p.m.
VII. First Committee (Emyploment and oEcnomic Activity) Documents
(E/CONF.2/C.1)
Text Approv e dbythe First CommitteDeD uirt tTnh
ighth and Ninth Meeting (See E/CONFO2/1.l/SR.8 and 9)
15/Add.l Proposed Redraft of Article 7 Suggested by the F
Delegation from Belgium
C . ll,!C~~~~~~~~~/1/orr,1 E/CONF.2/INF.89
Page 4
VII. First Committee (Employment and Economic Activity) Documents
E/CONF.2/C.1)
Document
Number Short Title Language
15/Corr.1 Texte Approuve Per La Premiere Commission au Cours de F only
Ses Huitieme et Neuvieme Seances (voir documents
E/CONF.2/C.1/SR.8 et 9)
16 Sub-Committee on the Proposed Resolution Concerning E F
International Action Relating to Employment
VIII. First Committee Summary Records (E/CONF.2/C.1/SR.)
9 Ninth Meeting Held on Saturday, 20 December 1947 at E F
10.30 a.m.
9/Corr.1 Corrigendum to Ninth Meeting E &F
IX. Sub-Committee C of First Committee (Resolution on International Action
Relating to Employment) Documents (E/CONF.2/C.1/C)
1 The Permanent Migration Committee of the International E F
Labour Organization
2 Agenda for First Meeting - To be Held 30 December 1947 E &F
at2.30 p.m.
3 First Meeting - Held 30 December 1947 at 2.30 p.m. E &F
4 Agenda for Second Meeting - To be Held 2 January 1948 E &F
at 10.30 a.m.
X. Sub-Committee C of First Committee Working Papers (E/CONF.2/C.1/C/W)
1 Mexico: Draft Resolution E F
2 Informal Proposal by the Chairman of the Sub-Committee E F
as a Possible Basis for Discussion
3 Draft Resolution on International Action Relating to E F
Employment
4 Note by the Delegation of Australia E F
Proposal by the Representative of Brazil E F
6 Letter from the Danish Delegation E F
7 Proposal by the Polish Member of the Sub-Committee E F
Based on the Informal Proposal by the Chairman of
the Sub-Committee
8 Second Meeting, Held at 10.30 a.m., Friday, E F
2 January 1948
XI. Second Committee (Economic Development) Documents (E/CONF.2/C.2)
9/Corr.4 New Zealand: Proposed Re-Wording of Amendment E &F
9/Corr.5 Corrigendum to the Revised Annotated Agenda Prepared E &F
by the Secretariat
/9/Add.5 E/CONF.2/INF.89
Page 5
XI. Second Committee (Economic Development) Documents (E/CONF.2/C.2)
Document
Number Short Title Language
9/Add.5 Addendum to Revised Annotated Agenda Prepared by the E F
Secretariat - Peru: Proposed Amendment
9/Add.5/ Corrigendum to the Proposed Amendment of Peru E &F
Corr.1
19 Agenda for Twelfth Meeting to be Held Monday, E &F
22 December 1947 at 10.30 a.m.
20 Agenda for Thirteenth Meeting to be Held Tuesday, E &F
23 December 1947 at 4.00 p.m.
21 Appointment of Sub-Committee on Article 12 E F
22 Plan of Debate on Article 13 E F
23 Agenda for Fourteenth Meeting to be Held Monday, E&F
29 December 1947, at 10.30 a.m.
24 Agenda for Fifteenth Meeting to be Held Tuesday, E &F
30 December 1947, at 10.30 a.m.
25 Report of Joint Sub-Committee of Committees II and VI E F
on Mexican Amendment to Article 9
26 Agenda for Sixteenth Meeting to be Held Wednesday E &F
31 December 1947, at 10.30 a.m.
27 Appointment of Sub-Committee on Articles 13 and 14 E F
28 Appointment of Sub-Committee on Footnote to Chapter III E F
on "Reconstruction"
XII Second Committee Summary Records (E/CONF.2/C.2/SR.)
7/Corr.2 Corrigendum to the Summary Record of the seventh E F
Meeting
8/Corr.1 Corrigendum to Summary Record of Eighth Meeting E &F
10 Tenth Meeting Held on Thursday, 18 December 1947, at E F
4.00 p.m.
11 Eleventh Meeting Held on Saturday, 20 December 1947, E F
at 4.00 p.m.
12 Twelfth Meeting Held on Monday, 22 December 1947, E F
at 10.30 a.m.
13 Thirteenth Meeting Held on Tuesday, 23 December 1947, E F
at 4.00 p.m.
14 Fourteenth Meeting Held on Monday, 29 December 1947, E F
at 10.30 am.
14/Corr.1 Corrigendum to Summary Record of Fourteenth Meeting E F
/15 E/CONF.2/INF.89
Page 6
XII. Second Committee Summary RecordS (E/CONF.2/C.2/SR)
Document
Number Short Title Language
15 Fifteenth Meeting Held on Tuesday, 30 December 1947, E F
at 10.30 a.m.
16 Sixteenth Meeting Held on Wednesday, 31 December 1947, E
at 10.30 a.m.
XIII. Sub-Committee B of Second Committee (Article 12) Documents
(E/CONF .2/C.2/B)
1 Agenda. for Second Meeting to be Held Friday, 2 January E F
1948 at 10.30 a.m.
XIV. Sub-Committee B of Second Committee Working Papers (E/CONF.2/C.2/B/W.)
1 Informal Analysis of Amendments Prepared by Secretariat E F
1/Corr.l Corrigendum to Ehe Informal Analysis of Amendments B F
Prepared by the Secretariat
2. Notes on First Meeting Held on 29 December 1947, E F
4.00 p.m.
3 Sub-Committee B (Article 12) E F
4 Notes on Second Meeting Held on Friday, 2 January 1948 E F
at 10.30 a.m.
XV. Joint Sub-Committee of Second and Third Committees (Tariff Preferences)
Docuents (E/CONF.2/C.2&3/A)
1 Joint Sub-Committee onTariff Preferences (Articles E F
15, 16 and 42)
2 Agenda for Meeting to be Held Friday, 26 December 1947, E &F
at 4.00 p.m.
3 Joint Sub-Committee of Committees II and III E F
Tariff Preferences
4 Agenda for Second Meeting to be Held Saturday, E &F
27 December 1947, at.4.00 p.m.
5 Agenda for Third Meeting to be Held Monday, E F
29 December 1947, at 10.30 a.m. -
6 Agenda for Fourth Meeting to be Held Tuesday, E F
30 December 1947, at 10.30 a.m.
7 Agenda for Fifth Meeting to be Held Friday, 2 January E &F
1948, at 10.30 a.m.
8 Agenda for Sixth Meeting to be Held Saturday, E F
3 January 1948, at 10.30 a.m.
/XVI. Joint Sub-Committee E/CONF. 2/INF. 89
Page 7
XVI. Joint Sub-Committee of Second and Third Committees Working Papers
E/CONF.2/C.2&3 /A/W.)
Document
Number Short Title Language
1 Notes on First Meeting Held on Friday, 26 December 1947 E F
2 Notes on Second Meeting Held on Saturday, 27 December E F
1947
3 Notes on Third Meeting Held on Monday, 29 December 1947 E F
4 Notes on Fourth Meeting Held on Tuesday, 30 December 1947 E F
5 Notes on Fifth Meeting Held on Friday, 2 January 1948 E F
XVII. Joint Sub-Committee of Second and Sixth Committees Documents
(E/CONF.2/C.2&6/A)
3 Agenda for Eighth Meeting to be Held on Wednesday, E &F
31 December 1947, at 4.00 p.m.
4 Agenda for Ninth Meeting to be Held on Friday, E F
2 January 1948, at 4.00 p.m.
XVIII. Joint Sub-Committee of Second and Sixth Committees Working Papers
1 Sixth Meeting Held on Monday, 22 December 1947, at E F
4.00 p.m.
2 Report of the Working Party on Preamble to Paragraph 1 E F
and Sub-Paragraph (a) of Paragraph 1 of New Article 12A
Proposed by Colombia
3 Report of the Working Party on Preamble of Paragraph 1 E F
and Sub-Paragraph (b) of Paragraph 1 of the New Article
12A Proposed by Colombia and on the Additional Paragraph
to Article 12 Proposed by Costa Rica Concerning Double
Taxation
4 Seventh Meeting Held on Saturday, 27 December 1947, E F
at 4.00 p.m.
Eighth Meeting Held, on Wednesday, 31 December 1947, E F
at 4.00 p.m.
XIX. Third Committee (Commercial Policy) Documents (E/CONF.2/C.3)
1/Add.42/ Peru: Proposed Amendment E F
Rev.1
5/Add.2 Sub-Committee A (Articles 16, 17, 18 and 19) Addendum E F
6/Corr.4 Revised Annotated Agenda for Chapter IV - Corrigendum E F
to Annex Proposed by the Portugese Delegation
7/Corr.5/ Corrigendum to Revised Annotated Agenda (Document E only
Rev.1 E/CONF.2/C.3/7) E/CONF.2/INF. 89
Page 8
XIX. Third Committee (commercial Policy) Documents (E/CONF.2/C.3)
Document
Number Short Title Language
9/Add.1 Draft Charter - New Zealand Delegation: Amendment to E F
Article 30
10/Add.1 Sub-Committee C - General Commercial Provisions E F
(Articles 32-39) - Haiti: Proposed Amendments to
Article 35
10/Add.2 Peru: Proposed Amendment to Article 35 E F
1 /Add.1 Sub-Committee A (Articles 16, 17, 18and 19) Addendum E &F
23 Agenda for Seventeenth Meeting (III-a) to be Held E F
on Monday, 22 December 1947, at 4.00 p.m.
24 Agenda of Committee III b to be Held on Tuesday, E F
23 December 1947, at 10.30 a.m.
25 Agenda of Committee III b to be Held on Monday, E &F
29 December 1947, at 4.00 p.m.
26 Text of the Speech made by Mr. Royer (France) on E F
23 December 1947 at the Eighteenth Meeting of the
Committee
27 Agenda of Committee III a Meeting on Tuesday, E F
30 December 1947 at 4.00 p.m.
28 Agenda of Committee III b to be Held on Tuesday, E F
30 December 1947 at 4.15 pm.
29 Agenda of Committee III b to be Held on Wednesday, E F
31 December 1947, at 4.00 p.m.
30 Text of Article 28 of New York Draft Charter E F
31 Agenda of Committee III b to be Held on Thursday, E F
1 January 1948, at 4.00 p.m.
32 Agenda of Committee III b to be Held on Saturday, E F
3 January 1948, at 4.00 p.m.
XX. Third Committee Summary Records (E/C0NF.2/C.3/SR.)
11/Corr.2 Corrigendum to Summary Record of Eleventh Meeting E F
13/Corr.1 Corrigendum to Summary Record of the Thirteenth E &F
Meeting
13/Corr.2 Corrigendum to Summary Record of the Thirteenth E F
Meeting (IIIa)
14/Corr.1 Corrigendum to Summary Record of the Fourteenth E F
Meeting (Document E/CONF.2/C.6/SR.14)
15 Fifteenth Meeting (III.a) Held on Friday, 19 December E F
1947, at 4.00 p.m.
/16 E/CONF.2/INF.89
Page 9
XX. Third Committee Summary Records (E/CONF.2/C.3/SR.)
Document
Number
15
16/Corr.1
17
17/Corr.1
18
18/Corr .1
18/Corr.2
19
19/Corr.1
Short Title Language
Sixteenth Meeting (IIIb) Held on Saturday, 20 December E F
1947, at 10.30 a.m.
Corrigendum to Summary Record of the Sixteenth Meeting E F
(III b)
Seventeenth Meeting (III.a) Held on Monday, 22 December. E F
1947, at 4.00 p.m.
Corrigendum to Summary Record of Seventeenth Meeting E F
(III a)
Eigteenth Meeting (IIIb) Held on Tuesday, 23 December E F
1947 at 10.30 a.m.
Corrigendum to Summary Record of Eighteenth Meeting E F
(III b)
Corrigendum to Summary Record of Eighteenth Meeting E F
Nineteenth Meeting (IIIb) Held on Monday, 29 December E F
1947, at 4.00 p.m.
Corrigendum to Summary Record of Nineteenth Meeting E &F
(III b)
19/Corr.2 Corrigendum to Sumary Record of Nineteenth Meeting E F
Twentieth Meeting (III a) Held on Tuesday, 30 December E F
1947, at 4.00 p.m
21 Twenty-First Meeting (IIIb) Held on Tuesday, 30 December E
1947, at 4.15 p.m.
XXI. Sub-Committee A of Third Committee (Articles 16-19) Working Papers
( E/CONF. 2/C . 3/A/W.)
Agenda for Monday, 22 December 1947, 10.30 a.m. E F
Suggestions for Amendments to Article 17 - Submitted E F
by the Delegate for the United States
Notes on Sixth Meeting, 20 December 1947, 4.00 p.m. E F
Suggested Redraft of Article 17 - Reduction of Tariffs E. F
and Elimination of Preferences
10 Agenda for Tuesday, 23 December 1947, 4.00 p.m. E F
11 Notes of Seventh Meeting, 22 December 1947, 10.30 a.m. E F
11/Corr.1 Corrigendum to Notes of Seventh Meeting, 22 December E only
1947, 10.30 a.m.
12 Proposed Amendment to Article 17, Paragraph 1 (c) E &F
Suggested for discussion by the Delegate of France
/13
20
21
6
7
8
9 E/CONF.2/INF.89
Page 10
XXI. Sub-Committee A of Third Committee (Articles 16-19) Working Papers
(E/CONF.2/C.3/A/W.)
Document
Number Short Title Lauguage
13 Mexico: Proposed Amendment - Rules for Negotiation to E F
be Added to Article 17, Paragraph 1
14 Agenda for Ninth Meeting to be Held on Saturday, E F
27 December 1947, 10.30 a.m.
15 Notes of Eighth Meeting, 23 December 1947, 4.00 p.m. E F
15/Corr.1 Corrigendum to Notes of Eighth Meeting E &F
16 Agenda for Tenth Meeting to be Held Monday, E F
29 December 1947, 10.30 a.m.
17 Agenda for Eleventh Meeting to be Held Tuesday, E F
30 December 1947, 10.30 a.m.
18 Notes of Ninth Meeting Held Saturday, 27 December 1947, E F
10.30 a.m.
18/Rev.1 Notes of Ninth Meeting Held Saturday, 27 December 1947, E F
10.30 a.m.
18/Rev.2 Notes of Ninth and Eleventh Meetings Held Saturday E F
27 December 1947, 10.30 a.m. and Tuesday, 30 December
1947, 10.30 a.m.
19 Agenda for Twelfth Meeting to be Held on Wednesday, E F
31 December 1947, 10.30 a.m.
20 Notes of Tenth Meeting, Monday, 29 December 1947, E F
10.30 a.m.
21 Agenda for Thirteenth Meeting to be Held on Saturday, E F
3 January 1948, 10.30 a.m.
22 Notes on Twelfth Meeting Held on Wednesday, 31 December E F
1947, 10.30.a.m.
XXII: Sub-Committee B of Third Committee (Article 18A) Documents
(E/CONF.2/C.3/B)
2 Agenda for Second Meeting E&F
XXIII. Sub-Committee C of Third Committee (Technical Articles) Documents
(E/CONF.2/C. 3/C)
1 Proposed Agenda for First Meeting to be Held on E F
22 December 1947, 10.30 a.m.
2 Agenda for Second Meeting to be Held on 23 December E F
1947, 4.00 p.m.
3 Agenda for Third Meeting to be Held on 27 December E F
1947,10.30 a.m.
4 Agenda for Fourth Meeting to be Held on 30 December E F
1947, 4.00 p.m.
/5 E/CONF.2/INF.89
Page 11
XXIII Sub-Committee C of Third Committee (Technical Articles) Documents
Document
Number Short Title language
5 Agenda for Fifth Meeting to be Held on 31 December, E F
4.00 p.m.
XXIV. Sub-Committee C of Third Committee Working Papers (E/CONF.2/C.3/C/W.)
1 Notes on First Meeting, 22 December 1947, 10.30 a.m. E F
2 Notes on Second Meeting, 23 December 1947, 4.00 p.m. E F
3 Notes on Third Meeting, 27 December 1947, 10.30 a.m. E F
4 Notes on Fourth Meeting, 30 December 1947, 4.00 p.m. E F
5 Notes on Fifth Meeting, 31 December 1947, 4.00 p.m. E F
XXV. Sub-Committee D of Third Committee (Articles 40-43) Documents
1 Sub-Committee D (Articles 40 to 43) of Committee III E F
X XVI. Sub-Committee D of Third Committee Working Papers (E/CONF.2/C.3/D/W.)
1 Agenda for First Meeting to be Held Monday, E F
29 December 1947, 4.00 p.m.
2 Notes on Third Meeting held Monday, 29 December 1947, E F
4.00 p.m. -
2/Corr.1 Corrigendum to Notes of Meeting, Held Monday, E &F
29 December 1947, 4.00 p.m.
3 Agenda for Second Meeting to be Held Saturday, E F
3 January 1948 at 4.00 p.m.
XXVII. Sub-Committee E of Third Committee (Articles 20 and 22) Documents
E/CONF.2/C.3/E)
1 Sub-Committee E (Articles 20 and 22) E F
XXVIII. Fourth Committee (Restrictive Business Practices) Documents
4/Add.2 Amendment proposed by Norway E F
XXIX. Sub-Committee A of Fourth Committee Documents (E/CONF.2/C.4/A)
13 Draft Agenda for the Fourteenth Meeting to be Held E F
22 December 1947, 10.30 a.m.
14 Draft Agenda for the Fifteenth Meeting to be Held E F
3 December 1947, 10.30:a.m. .
15 Draft Agenda for the Sixteenth Meeting to be Held E F
29 December 1947, 10.30 a.m.
16 E/CONF.2/INF.89
Page 12
Document
number
16
17
18
19
Sub-Committee A of Fourth Committee Documents (E/CONF.2/C.4/A)
Short Title
Draft Agenda for the Seventeenth Meeting to be Held
on 30 December 1947, 4.00 p.m.
Draft Agenda for the Eighteenth Meeting to be Held
on 31 December 1947, 10.30 a.m.
Draft Agenda for the Twentieth Meeting to be Held on
1 January 1948, 4.00 p.m.
Draft Agenda for the Twenty-First Meeting to be Held on
3 January 1948, 10.30 a.m.
Language
E F
E F E F
E F
19/Rev. 1 Draft Agenda for the Twenty-First Meeting to be Held on E F
5 January 1948, 10.30 a.m.
XXX. Sub-Committee A of Fourth Committee Working Papers (E/CONF.2/C.4/A/W.)
Summary Record of Thirteenth Meeting -
20 December 1947,at 10.30 a.m. E F
Summary Record of Fourteenth Meeting -
22 December 1947,at 10.30 m. E F
3 Summary Record of Fifteenth Meeting -
23 December 1947, at 10.30 a.m. E F
4Report of the Ad Hoc Committee E F
5 Summary Record of Sixteenth Meeting -
29 December1947, at 10.30 a.m. EF
6 Summary Record of Seventeenth Meeting -
31 December 1947, at 10.30 a.m. E F
6/orr.1 Corrigendum to Summary Record of Seventeenth Meeting -
30 December 1947, at 4.00 p.m. E&F
7 Summary Record of Eighteenth and Ninteenth meetings -
31 December 1947, at 10.30 a.m. and 4.00 p.m. E F
8 Summary Record of Twentieth Meeting -
1 January 1948, E at 4.00 p.m. F
XXI. -ifth Committee (Inter-Governmental Commodity Agreements)
Documents (E/CONF.2/C.5)
9 Report of Sub-Committee 'A'
9/Corr.1 CinquiFme Commission: Accords Intergouvernementaux -
Sur Les Produits De Base F only
10 Agenda for Ninth Meeting - to be Held 30 December 1947
at 10.30.a.m. . .-
1E1 Agenda for Tenth Meeting - to be Held 31 December 1947 F
12 Agenda for Eleventh Meeting - to be Held 2 January 1948 E&F
I.E Fith CommitRee Smmary Records (8/CONF.2/C.5/SP.)
9 Summary Record of Ninth Meeting - Held 30 December 1947
at 10.30 a.m. F
/10
Ix
1
2 E/CONF.2/INF.89
Page 13
XXXII. Fifth Committee Summary Records (E/CONF.2/C.5/SR.)
10 Summary Record of Tenth Meeting - Held 31 December 1947
at 10.30 a.m. EF
10/Corr.1 Corrigendum to Summary Record of Tenth Meeting E&F
11 Summary Record of Eleventh Meeting - Held 2 January 1948
at 10.30 a.m. EF
XXXIII. Fifth Committee Working Papers (E/CONF.2/C.5/W.)
2 Notes of Ninth Meeting - Held 20 December 1947 at
2.30 p.m. E F
3 Notes of Tenth Meeting - Held 22 December 1947 at
4.00 p.m. E F
4 Notes of Eleventh Meeting - Held 23 December 1947
at 10.30 a.m. E F
6 Changes in the Geneva Text of Chapter VI as Recommended
by Sub-Committee 'A' of the Drafting Sub-Committee E F
6/Rev.1 Cinquieme Commission: Accords Intergouvernementaux
Sur Les Produits De Base - Modifications Recommandees
Par La Sous-Commission "A" Ou Le Sous-Comite De
Redaction, Au Texte Du Chapitre VI F only
XXXIV. Sixth Committee (Organization)
12/Corr.3 Correction to Annotated Draft Agenda E only
12/Add.5 Czechoslovakia: Proposed Amendment to Paragraphs 1 and
2 of Article 74 E&F
12/Add.6 Amendment to Article 83 Proposed by the Delegation of
Ireland E&F
12/Add.7 Amendments Relating to the Functions and Composition
of the Tariff Committee Suggested by the Delegation of
China E
12/Add.8 Czechoslovakian Amendment to Article 94 and Counter
Proposal to the Italian Proposal Regarding Article 16
Issued in Document E/CONF.2/11/Add.18 E F
12/Add.9 Iraq: Amendment to Article 94 (General Exceptions) E&F
19 Agenda for First Meeting of Joint Sub-Committee - To be
Held 15 December 1947 at 4.00 p.m. E&F
27 Information Requested by the Delegate of Czechoslovakia
Concerning the Fiscal Commission of the Economic and
Social Council E F
28 Agenda for Sixteenth Meeting - To be Held
29 December 1947 at 10.30 a.m. E&F
29 Texts of Article 82 (The Director-General) and
Paragraphs 2 and 3 of Article 83 (The Staff) as Adopted
on First Reading at the Fifteenth Meeting on
22 December 1947 E F
30 Note by the Secretariat Regarding Documents Referring
to Annotated Agenda E F
31 Agenda for Seventeenth Meeting - To be Held on
31 December 1947 at 4.00 p.m. E&F
/32 E/CONF.2/INF. 89
Page 14
XXXIV. Sixth Committee (Organization) Documents (E/CONF.2/C.6)
Document
Number Short Title Language
32 Report of Joint Sub-Committee of Committees II and
VI on Mexican Amendment to Article 9 E F
33 Report of the Sub-Committee on Paragraph 1 of Article 83
(Appointment of Deputy Directors-General) E F
34 Report of the Sub-Committee on Article 92, Paragraph 1 E F
34/Corr.1 Corrigendum to Report of the Sub-Committee on
Article 92, Paragraph 1 E only
35 Revised Draft of Article 93 (Relations with Non-Members)
Prepared by the Delegation of the United Kingdom E F
36 Agenda for Nineteenth Meeting - To be Held
3 January 1948 at 10.30 a.m. E&F
37 Texts of Paragraph 1 of Articles 83, 84, 85, 86, 87
and 88 E F
38 Paragraph 3 of Article 87 (Status of the Organization
in the Territory of Members) E F
38/Corr.1 SixiFme Commission: Organisation - Corrigendum à la
note du SecrTtariat relative au paragraph 3 de
1 'article 87 F only
39 Article 1 (Purpose and Objectives) - Note by the
Secretariat E F
39/Corr.1 SixiFme Commission: Organisation - Corrigendum à la
note du SecrTtariat relative à l'article premier F only
XXXV. Sixth Committee Summary Records (E/CONF.2/C.6/SR.)
9/Corr.3 Corrigendum to Summary Record of Ninth Meeting E&F
12/Corr.1 Corrigendum to Summary Record of Twelfth Meeting E F
13/Corr.3 Corrigendum to Summary Record of Thirteenth Meeting E&F
13/Corr.4 Corrigendum to Summary Record of Thirteenth Meeting E F
13/Corr.5 Corrigendum to Summary Record of Thirteenth Meeting E&F
13/Corr.6 Corrigendum, to Summary Record of Thirteenth Meeting E&F
13/Corr.7 Corrigendum to Summary Record of Thirteenth Meetfig E&F
14 Fourteenth Meeting - Held Thursday, 18 December 1947
at 4.00 p.m. E F
14/Corr.1 Corrigendum to Summary Record of Fourteenth Meeting E F
14/Corr.2 Corrigendum to Summary Record of Fourteenth Meeting E F
15 Fifteenth Meeting - Held Monday, 22 December 1947
at 10.30 a.m. E F
16 Sixteenth Meeting - Held Monday, 29 December 1947 at
10.30.a.m. E F
17 Seventeenth Meeting - Held Wednseday 31 December 1947
at 4.00 p.m. E F
XXXVI. Sixth E/CONF.2 /INF .89
Page 15
XXXVI. Sixth Committee Working Papers (E/CONF.2/C. 6/W.)
Document
Number Short Title Language
2 Sub-Committee on Article 75 - Summary Record of First
Meeting - Held 19 December 1947 at 10.30 a.m. E F
3 Sub-Committee on Article 75 - Summary Record of
Second Meeting - Held 20 December 1947 at 10. 30 a.m. E F
4 Sub-Committee on Article 75 (Composition of the Executive
Board) - Summary Record of Third Meeting - Held
20 December 1947 at 4.00 p.m. E F
5 Draft Suggestion for Article 75 Submitted by the
Delegation of the United States E F
6 Sub-Committee on Article 75 (Composition of the
Executive Board)- Summary Record of Fourth Meeting -
Held 23 December 1947 at 10.30 a.m. E F
7 Sub-Committee on Article 81 (the Tariff Committee) E F
Text of Paragraph 1 as Agreed at First Meeting
8 Sub-Committee on Article 81 (The Tariff Committee) -
Summary Record of First Meeting - Held 23 December 1947
at 4.00 p.m. E F
9 Sub-Committee on Article 75 (Composition of the
Executive Board) - Summary Record of Fifth Meeting -
Held 26 December 1947 at 4.00 p.m. E F
10 Sub-Committee on Article 75 (Composition of the
Executive Board) - Summary Record of Sixth Meeting -
Held 27 December 1947 at 4.00 p.m. E F
11 Sub-Committee on Article 75 (Composition of the
Executive Board) - Proposal by the Delegation of
Australia for Consideration by the Sub-Committee E F
12 Sub-Committee on Article 75 (Composition of the
Executive Board) - Summary Record of Seventh Meeting -
Held 29 December 1947 at 4.00 p.m. E F
13 Sub-Committee on Article 81 (The Tariff Committee)
Summary Record of Second Meeting - Held 30 December 1947
at 10.30 a.m. E F
13/Corr.1 Corrigendum to Summary Record of Second Meeting of
Sub-Committee on Article 81 (The Tariff Committee) E&F
XXXVII. Credentials Committee Documents (E/CONF.2/C.7)
1/Rev. 1/
Corr.1 Corrigendum to Report of Credentials Committee E&F |
|
GATT Library | mr599xb2886 | Cumulative list of documents issued from 28 February to 13 March 1948 : Prepared by the documents division | United Nations Conference on Trade and Employment, March 13, 1948 | 13/03/1948 | official documents | E/CONF.2/INF.187 and E/CONF.2/INF.110-201 | https://exhibits.stanford.edu/gatt/catalog/mr599xb2886 | mr599xb2886_90180111.xml | GATT_145 | 4,245 | 28,954 | United Nations
CONFERECE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/INF187
13 March 1948
ENGLISH ONLY
CUMULATIVE LIST OF DOCUMENTS ISSUED FROM
28 February to 13 March 1948*
Prepared by the Documents Division
I. Plenary Documents (Symbol E/CONF.2)
Document
Number Short Title
44 General Ageement on Tariffs and Trade - First
Session of the Contracting Parties - Invitation
to Delegations
45 Report of the Co-ordinating Committee to the
Heads of Delegations
45/Rev.1 Report of the Co-ordinating Committee to the
Heads of Delegations
46 Agenda for Meeting of Heads of Delegations -
To be Held on Wednesday, 3 March 1948, at
10.30 a.m.
47 Conference Timetable - Note by the Executive
Secretary
48 Changes to the Text of Article 13 Contained in
Annex I of E/CONF.2/45/Rev.1 Proposed by the
United States
49 The Final Act
49/Rev.1 The Final Act.
49/Rev.2 The Final Act
49/Rev.3 The Final Act - Note by the Executive Secretary
E F E F
E F
E &F E F E F
E F
E F
E F
E F
49/Rev.3/Corr.1 Acte Final - Note du Secretaire de la Conference F Only
49/Rev.3/Corr.2 Acte Final - Note du Secretaire de la Coference F Only
50 Article 15 - Amendment Proposed by the Delegation of E
Poland
50/Corr.1 Article 15. - Amendment Proposed by the Delegation F &F
of Poland (ECONF.2/50 - Corrigendum
* For list of documents issued up to 28 February, see E/CONF.2/INF. 37, INF.69,
INF,89, INF.110 INF.131, INF.I52 and INF.172. /51 Page 2 E/CONF.2/INF.187
I. Plenary Documents (symbol E/CONF.2)
Document
Number Short Title Language
51 .Recommendations by the Heads of Delegations E F
52 Recommendation of the Heads of Delegations - E F
Secretariat Note on Paragraph 4 of Article 17
53 Fourth Committee: Restrictive Business Practices - E F
Report to the Conference
53/Add.1 Addendum to the Report of the Fourth Committee E F
to the Conference
54 Interim Co-ordinating Committee for International E F
Commodity Arrangements Note by the Secretariat
55 First Committee: Employment and Economic Activity - E F
Report to the Conference.
56 Third Committee - Paragraph 4 of Article 17 - E F
Secretariat Note
57 Heads of Delegations - Summary Record of Meeting - E F
Held Wednesday, 3 March 1948, 4.30 p.m.
58 Recommendation of the Heads of Delegations - Note E F
by Secretariat on the Mexican Proposal for the
Establishment of a Committee for Economic
Development
59 Heads of Delegations - Summary Record of Meeting E F
Held Wednesday, 3 March 1948, 10.30 a.m.
59/Corr.1 Heads of Delegations - Corrigendum to Summary Record E F
of the Meeting On 3 March 1948
59/Corr.2 Heads of Delegations - Corrigendum to Summary Record E &F
of Meeting Held on 3 March 1948
59/Corr.3 Heads of Delegations - Corrigendum to Summary Record E F
of Meeting - Held on Wednesday, 3 March 1948
59/Corr.4 Heads of Delegations - Corrigendum to Summary Record E &F
of the Meeting on 3 March 1948
60 Artice 15 - Amendment propcesed by the Iraq Delegation E F
to Paragraph 6 (d)
60/Corr.1 ArtIcle 15 - Amendment Proposed by the Delegation of E &F
Irag (E/CONF.2/60) - Corrigendum
61 Agenda for Fifteenth Plenary Meeting - Held E &F
Saturday, 13 March 1948 at 10.15 a.m.
61/Add.1 Addendum to Agenda for Fifteenth Plenary Meeting - E &F
Held Saturday, 13 March 1948 at 10.15 a.m.
62 Conference Timetable -Nots by the Executive E F
Secretary
/II. Plenary Informe E/CONF.2/INF.187
Page 3
II. Plenary Information Documents (E/CONF.2/INF.)
Document
Number
170/Add.1
171
172
173
174
175
176 177
178
179
180 181
182
183
184 185
Short Title
Provisional Future Programme of Meetings -
Addendum
Documents Distributed up to 4.00 pm.
28 February 1948
Cumulative List of Documents Issued from
14 February to 28 February 1948 - Prepared by
the Documents Division
Documents Distributed up to
29 February 1948
Documents Distributed up to
1March 1948
Documents Distributed up to
2 Mech 1948
Documents Distributed up to
3 March 1948
Documents Distributed up to
4 March 1948
Documents Distributed up to
5 March 1948
Documents Distributed up to
6 March 1948
4.00 p.m.
4.00 p.m.
4.00 p.m.
4.00 p.m.
4.00 p.m.
4.00 p.m.
4.00 p.m.
4.00 p.m.
4.00 p.m.
4.00 p.m.
4.00 p.m.
4.00 p.m.
4.00 p.m.
4.00 p.m.
4.00 p.m.
E & F
E & F
F only
/III. Order of the Day
E & F
E & F
E & F
E & F
E & F III. Order of the Day (E/CONF.2/OD. )
Short Title
Programme of Meetings - Monday, 1 M arch 1948
Programme of Meetings
Programme of Meetings
Programme of Meetings
Programme of Meetings
Programme of Meetings
Programme of Meetings
Programme of Meetings
Programme of Meetings
Programme of Meetings
Programme of Meetings
Programme of Meetings
Programme of Meetings
- Monday, 1 March 1948
- Tuesday, 2 March 1948
- Wednesday, 3 March 1948
- Thursday, 4 March 1948
- Friday, 5 March 1948
- Saturday, 6 March 1948
- Monday, 8 March 1948
- Tuesday, 9 March 1948
- Wednesday, 10 March 1948
- Thursday, 11 March 1948
- Friday, 12 March 1948
- Saturday, 13 March 1948
IV. General Committee Documents (E/CONF.2/BUR/)
Reports of Central Drafting Committee - Note by the
Executive Secretary
Reports of Central Drafting Committee - Addendum
to Note by the Secretariat
V. General Committee Summary Records (E/CONF.2/BUR/SR.)
Summary Record of the Twelfth Meeting - Held on
Tuesday, 2 March 1948 at 10.30 a.m.
VI. First Committee (Employment and Economic Activity)
Documents (E/CONF.2/C.1)
Annotated Agenda Prepared by the Secretariat for
the Discussion of Chapter II
Draft Report to the Conference
Revised Draft Report to the Conference
Agenda for the Thirteenth Meeting - Held Friday,
5 March 1948 at 4.00 p.m.
E &F
E &F
E &F
E &F
E &F
E &F
&FE
E&F
E &F
E &F
S
S
/VII. First Committee Summary
Page 4
Document
Number
87
87/Add.1
88
89
90
91
92
93
94
95
96
98
37
37/Add.1
12
7
23
23/Rev.1
25 E/CONF.2/INF.187
Page 5
VII. First Committee Summary Records (E/CONF.2/C.1/SR.)
Short Title
Summary Record of the Twelfth Meeting - Held
Monday, 1 March 1948
Summary Record of the Thirteenth Meeting - Held
5 March 1948 at 4.00 p.m.
VIII. Second Committee (Economic Development) Documents (E/CONF.2/C.2)
Report of Joint Sub-Committee of Committees II
and VI Note by the Secretariat
I. Proposal in Relation to Report of Joint Sub-
Committee of Committees II and VI on Articles 9, 10
and11 (E/CONF.2/C.2/36) - Corrigendum
Agenda for Twenty-Second Meeting - Held Monday,
23 February 1948 at 10.30 a.m.
E F
E &F
Report of Sub-Committee C on Articles 13 and14 E F S
Rectificatif au Rapport de la Soue-Commission C
Report of Sub-Committee C on Articles 13 and 14
Report of Sub-Committee C on Articles 13 and 14
Action of Committee II on Paragraph 9
Report ot Sub-Committee C on Articles 13 ad 14 -
Redraft of Paragraph 9 of the Sub-Committee's Report
on Article 13 Proposed by the Delegations of
Australia, Southern Rhodesia and the United Kingdom
Joint Sub-Committee of Committees II and III on
Tariff Preferences - Report to Committee II on
Article 15
Agenda for Twety-Third Meeting - Held Friday,
12 March 1948 at 3.00 p.m.
Agenda for Twenty-Fourth Meeting - Held Saturday,
13 March 1948 at 3.00 p.m.
F Only
S
E F S
E&F
lX. Sub-Committee C of Second Committee (Articles 13 and 14)
documents (E/CONFC./_-2/
Article 13
Pakistan: Suggested Amendments to Article 13
EF
E F
Su/., b-Committee C of Second
Docmmnte
Number
12
13
36/Add.1
39/Cor.rl
41
41/Corr.2
41/Adi-
41/A.2
43
44
13 E/CONF.2/INF.187
Page 6
X. Sub-Committee C of Second Committee Working Papers
(E/CONF .2/C .2/C/W.)
Docement
Number short Title
13 Draft of Article 14 Prepared by Secretariat for E F
Consideratlon by Joint Meeting of Working Parties
3 and 4
14 Pakistan: Suggested Amenments to Article 13 E F
15 Draft Reprot of Su-bCommittee C on Articles 13 E F S
and 14
15/Rev.1 Revised Draft Report of Sub-Committee C on E only
Articles 13 and 14
16 Notes on Thireteenth and Fourteenth Meetigns - E F
Held 9 March at .600 p.m. and 10 March 1948
at 10.30 a.m. Respectively
XI. Joinmt Sub-Committee of Second and Third Committees (Tariff Preferences)
Documents (E/CONF.2/C. 2&3/A)
14 Report of Working Party
Statement by the Delegation of Iraq E F
III. Joint Sub-Committee of Second Committees Working Pepers
(E/CONF.2/C.2&3/A/W.)
11 Notes of Eleventh Meeting - Held Friday,
5 March1948 at 3.00 p.m.
11/Corr.1 Corrigendum to Notes of Eleventh Meeting E F
12
13
68
68/Corr.2
Notes of Twelfth Meeting - Held Saturday,
5 March 1948 at 10.30 a.m.
12/Corr.1 Corrigendum to Notes of Twelfth Meeting
Notes of Thirteenth and Fourteenth Meetings - Held
Saturday, 7 March 1948 at 6.30 p.m, and Monday,
9 March 1948 at 10.30 a.m. Respectively
XIII. Third Committee (Commercial Policy) Documents (E/CONF.2/C.3)
Text of Secion A of Chapter IV as Approved in
Second Reading
Corrigendum to Text of Section A of Chapter IV as
Approved in Second Reading
3 Corrigendum to Text of Section A of Chapter IV as
Approved in Second Reading
S
72 Sub-Committee G (Swiss Proposal) - Report of Sub
Committee G to Committee III
/73 E/CONF .2/INF.187
Page 7
XIII. Third committee(Commercial policy) Documents (E/CONF.2/C3)
Short Title
Sub-Committee G (Swiss Proposal) Report of
Sub-Committee G to Committee III - Observations
by the Delegation of the United States
Proposed Annex to Article 16
E F
E F
Agenda for the Forty-Second Meeting - Held Monday, E F
8 March 1948 at 4.00 p.m.
Report of Sub-Committee B (Proposed New Article 18A) E F S
76/Corr.1 Corrigendum to Report of Sub-Committee B
76/Corr.2 Rectificatif au Repport de la Sous-Commission B
77 Article 16 - General Most-Favoured-Nation Treatment
77/Rev.1 Article 16- General Most-Favoured-Nation Treatment
78 Joint Sub-Committee of Committees II and III on
Articles 15, 16 and 42 - Report to committee III
on Articles 16 and 42
E only
F only
E F
E F
E F
Joint Sub-Committee of Committees II and III on
Articles 16 and 42 - Report to Committee III on
Articles 16 and 42
78/Add.1 Joint Sub-Committee of Committees II and III -
Addendum to Report to Committee III on Articles
16 and 42
79 Report of Study Group on Ariticle 16
80 Agenda for the Forty-Third Meeting
10 March 1948
81 Recommehdatjcn on Chapter V
82 Article 21: Restrictions to
of Payments- Note from the Delegation
E F
Held Wednesday, E F
Safeguard the Balance E F S
of Chile
83 he-Secretariat
84 Agenda ft the Forty-Fourth Meeting - Held Thursday,
11 March 1948
85 Articles 16, 42, 42A and 42B as Adopted by
Committee III
86 Agenda for the Forty-Fifth Meeting - Held Friday,
E F
E F
Report of Working Party No. 8 (Article 42) E F
/XIV. Third Committee
Document
Number
73
76
78/Corr.1
87 XIV. Third Committee Summary Records (E/CONF.2/C.3/SR.)
Document
Number Short Title Language
40/Corr.1 Corrigendum to Summary Record of the Fourteenth E & F
Meeting
41/Corr. Rectificatif au Compte Rendu Analytique de la F
Quarante.et-Unieme Seance
42 Summary. Record of the Forty-Second Meeting - Held E F
Monday, 9 March 1948 at 3.00. p.m.
42/Corr.1. Corrigendum to Summary Record of the Forth-Second E & F
Meeting - Held 9 March 1948 at 3.00 p.m.
42/Corr.2 Corrigendum to Sumary Record of the Forty-Second E & F
Meeting Held 9 March 1948 at 3.00 p.m.
43 Summary Record of Forty-Third Meeting - Held E F
Wednesday,. 10 March 1948 at 10.30 a.m.
XV. Sub-Committes B of Third Committee (Proposed Article18A)
Docume
nts (E/CONF.2/C.3/B/)
Agenda for Fifth Meeting - Held Friday E & F
5 March 1948 at 10.30 a.m.
XVI. Sub-Committe B of -Third Committee Working Papers
(E/CONF.2/C.3/B/W.)
6 Resolutions of the Maritime Conference E F
6/Corr.1 Corrigendum to Resolutions of the Maritime Conference E F
7 Notes on Fifth Meeting - Held Saturday, 6 March 1948 E F
7/Corr. .Corrigendum to Notes on Fifth Meeting of Sub-Committee E & F
XVII. Sub-Committe G of Third Committee (Swiss Proposal) Working Papers
(E/CONF.2/C.3/G/W.)
13 Notes on Tenth Meeting - Held Saturday, E F
28 February 1948 at 10.30 a.m.
XVIII. Fourth Committee (Restrictive Business Practices)
Documents (E/CONF.2/C.4)
4 Annotated Agenda - Prepared. by the Secretariat S
for Discussion of Chapter V of Draft Charter
4/Add.1 Addendum to Annotated Agenda for Chapter V S
4/Add.2 Sub Committee A - Proposed Amendment by Norway
5/Corr.1 Rectificatif au Rapport de la Sous-Commission F only E/CONF. 2/INF.187
Page 9
XVIII. Fourth Committee (Restrictive Business Practices)
Documents (E/CONF.2/C.4)
Document
Number
18
18/Corr.1
19
20
21
22
23
24
l4/Corr.1
Short Title
Proposed Amendment to Section 8 of the Draft Report
of Committee IV (E/CONF.2/C.4/15)
Corrigendum a la Proposition d 'Amendment au
Paragraphe 8 du Project de Rappot de la Quatrieme
Commission (E/CONF.2/C.4/15)
Agenda for Fourteenth Meeting - Held 4.00 p.m.,
Wednesday, 3 March 1948
Draft Report of Fourth Committee
United States of America: Proposal Concerning
Article 50
Recommendation Chapter V
Agenda for Fifteenth Meeting - Held Thursday,
11 March 1948
United States Proposal - Footnote to Article 50
XIX. Fourth Committee summary Records (E/CONF.2/C.4/SR.)
Summary Record of Fourteenth Meeting - Held
3 March 1948, 7.00 p.m.
Corrigendum to Summary Record of Fourteenth Meeting
-Held 3 March 1948, 7.00 p.m.
XX. Fifth Committee (Inter-Governmental Commodity Agreement)
Documents (E/CONF.2/C.5)
Annotated Agenda Prepared by the Secretariat
for Discussion of Chapter V1 of Draft Charter
XXI. Sixth Committee (Organization) Documents (E/CONF.2/C.6)
12 Annotated Draft Agenda
83 Report of Sub-Committee G on Chapter VIII
87 Ordre du Jour de la Trente-Deuxiemeie Seance que se
Tiendra le Lundi ler Mars 1948 a 14 h.30
88 Texts of Article 68 (Membership) and Article 69
(Functions of the Organization) as Adopted by the
Sixth Committee
89 Text of Chapter VIII (Settlement of Differences)
as Adopted by the Sixth Committee and Annex to
Article 95 and Draft Resolutions Arising out of
ChapteIIr VIII - Proposed by the Sixth Committee
E &F
E &F
S
S
S..
E F S
/90 Page 10
XXI.- Sixth Committee (Organization) Documents (E/CONF.2/C. 6)
Short Title
Texts of Article 98 (Entry into Force and
Registration) and Article 99 (Territorial
Application) as Adopted by the Sixth Committee
Text of Paragraphs 3, 4, 5, 6, and 7 of Article 74
(Powers and Duties of the Conference) as Adopted
by the Sixth Committee
Report-of the Working Party on the Question of
Condominia
Report of Sub-Committe I (Article 94)
Report of Sub-Committee I - India: Proposed
Amendment to New Article 83 (A)
South Africa: Proposal Concerning the Text of
Articles 83A (E/CONF.2/C.6/93) Made at the Morning
Meeting on 9 March 1948
Australia: Proposal Concerning the Text of
Article 83A ON(E//CONF.2 6/93) Made at then Moring
Meeting of 9 March 1948
Proposal Concerning the Text of Article 83A (Based
on the South African Proposal in Document
E/CONF.2/C.6/93/Add.2) Put Forward Tentatively
by the Delegation of the United Kingdom
Note by the Secretariat
Agenda for the Thirty-Third Meeting - Held
Thursdays 4 March 1948 at 2.30 p.m.
Report of the Sub-Committee on Article 93
(Relations with Non-Members)
Amendment to Article 93 (Relations with Non-Members)
Agenda for Thirty-Fourth Meeting - Held Thursday,
4 March 1948 at 4.00 p.m.
Report of the Sub-Committee on Article 1
Mexico Proposed Amendment to Article 1
Proposal by Australian Delegation
Amendment Proposed by the South African Delegation
- Proposed New Article 83A
Explanatory Note to Article 99 Proposed by the
Delegation of Guatemala
Language
E F S
E F S
E F S
E &F
E F S
E F S
E F
E F S
E &F
E F
E F S
E F
/102
Document
Number
90
91
92
93
93/Add.1
93/Add.2
93/Add.3
93/Add.4
94
95
96
96/Add.1
97
,
98
918/Add.
99 . .
100 E/CONF.2/INF.l87
Page 11
(Onizion) Dcumdnts (EeCONF.2/C.6)/e*,,~~~ _=26
Document
Number Short Title
102 Agenda for the Thirty-Fifth Meeting (Date to be
Announced)
102/Rev.l Agenda for the Thirty-Fifth Meeting (Data to be
Announced)
103 Draft Report - Part I
103/Add.l a Draft-Report Part I
103/Add1l/Corr.l Corrigenda toPart II of the Draft Report
103/Add.2 Adendum to Part I of Draft Report
103/Add.3 Addendum to Part I of Draft Report
103/Add.4 Addendum to Part I of Draft Report
103/Add. 4/Coor .1 Corrigendum to Addendum to Part I of the Draft
Report (Document E/CONF.2/C.6/3/Add.4)
103/Add.5 Addendum to Part II of Draft Report (Document
E/CONF.2/C.6/103/Add.1)
104 Statement by the Chairman of Sub-Committee I
Concerning the Report of that Sub-Committee
(E//CONF.2/C.6/93) Made at the Morning Meeting
105 Agenda for the Thirty-Sixth Meeting - Held
10 Marrch 1948 at 4.00 p.m.
106 Chile and Peru: Amendment to Article 93
Report of the Ad Hoc Sub-Committee upon
Paragraph 5 of Article 1
108 Agenda for the Thirty-Eighth -Meeting - Held
11 March 1948 at 10.3.0 a.m.
109 Agenda for the Thirty-Ninth Meeting - Held
13 March 1948 at 10.30 a.m.
110 Report of the Working Party to Consider the Question
of an Interim Commision for the International
Trade Organization.
XXII. Sixth Committee Summary Recordss (E/CONF.2./C.5/SR.)
30 Summary Record of Thirtieth Meeting - Held.
27 February 1948, at 11.45. a.m.
30/Corr.1 Corrigendum to Summary Record of Thirtieth Meeting -
Held 27 February 1948, at 11.45 a.m.
E F S
E F S
E &F XXII Sixth Committee Summary Records (E/CONF.2/C.6/SR. )
Short Title
Summary Record of Thirty-First-Meeting -Held
Saturday, 28 February 1948 at 10.45 a.m.
Rectificatif au Compte Rendu Analytique de la
Trante-et-Unieme Seance
Corrigandum to Summary Record of Thirty -First
Meeting - Held 28 February 1948 at 10.45 a.m.
summary Record of Thirty-Second Meeting - Held
Monday, 1March 1948 at 2.30 p.m.
Summary Record of Thiry-Third Meeting - Held
Thursday, 4 March 1948 at 10.30 a.m.
Corrigendum to Summary Record of Thirty-Third
Meeting - Held 4 March 1948 at 10.30 a.m.
Corrigendum to Summary Record of Thirty-Third
Meeting - Held 4 March 1948 at 10.30 a.m.
Summary Record of the Thirty-Fourth Meeting-Held
Thursday, 4 March 1948 at 4.00 p.m.
Corrigendum to Summary Record of Thirty-Fourth
Meeting - Held 4 March 1948 at 4.00 p.m.
Corrigendum to Summary Record of Thirty-Fourth
Meeting - Held 4 March 1948 at 4.00 p.m.
Corrigendum to Summary Record of Thirty-Fourth
Meeting - Held 4 March 1948 at 4.00 p.m.
Correction to Summary Record of Thirty-Fourth
Meeting - Held 4 March 1948 at 4.00 p.m.
Summary Record of the Thirty-Fifth Meeting - Held
Tuesday, 9 March 1948 at 10.30 a.m.
Summary Record of Thirty-Sixth Meeting - Held
Tuesday 9 March 1948 at 3.00 p.m.
Summry Record of Thirty-Seventh Meeting - Held
Wednesday, 10 March 1948 at 4.00 p.m.
Addendum tof Summary -Record of Thirty-seventh
Meeting - Held 10 March 1948 at 300 p.m.
Summary Record of Thirty-Eighth Meeting - Held
Thursday, 11 March 1948 at 10.30. a.m.
E F
E
E &F
E &F
E F
E
/XXIII. Sixth Committee
Page 12
Document
Number
31/Corr.1
32
33/Corr.2
34/Corr. 2
34/ Corr.3
35
37/Add.1
38
Language E/CONF.2/INF. 187
Page 13
XXIII. Sixth. Committee (organization) Working Papers
(E/CONF.2/C.6/W.)/
Document
Number
102/Corr.1
llS/Add.1
120/Corr.1
120/Corr. 2
122
123
124
4/Rev.1
5/Rev.1
6/Rev.1
6/Rev.1/Add.1
4 Corr1
7/Corr1.
8/Corr.1
8/Add.1
& Corr.2
Short Title
102/Corr.1Correction to Notes on the Seventeenth Meeting
of the Sub-Committee on Chapter VIII
(E/CONF.2/C.6/W.102)
Addendum to Notes on the Twenty-Second Meeting
of the Sub-Committee on Chapter VIII
Sub-Committee on Chapter VIII (Settlemt of
Differences) - Corrigendum
Sous-Commrsion Chargee D'Etuder L'Article 93
(Relation Avec Lee Etats Non Membres) - Rectificatif
Sub-Committee on Article 93 (Relations with Non-
Members) - Report of the Working Party
Sub-Commitee I (Article 94) - Notes of the E
Eighth Meeting- Held 4.00 p.m. Saturday,
28 February: 1948
Sub-Committee on Article 93 (Relations with E
Non-Members-Notes on the Ninth Meeting - Held
3 March 1948 at 10.30 a.m.
Sub-Committee on Article 1 - Notes Upon the E
Fourth Meeting - Held 3 March 1948 at 7.00 p.m.
XXIV. Eighth Committee (Central Drafting Committee)
Documents (E/CONF.2/C.8)
Proposed Redraft of the Final Text of Chapter IV E
- Section E
Proposed Redraft of the Final Text of Chapter IV E
Section F
Proposed Redraft of the Final Text of Chapter IV E
Section D
Proposed-Redraft of the Final Text of Chapter IV E
- Section D
Note by Committee - Corrigendum
Rectificatif au Texte Remanie Propose Comme Texte
Definitif du Chapitre IV - Section C
Supplementary Report on Chapter IV - Section C
E F
/9
Language
E & F
E & F
E & F,
F Only
F
F
F
.
E F Page 14
Document
Numbers
9
9/Corr.2
9/Add.1
& Corr.3
9/Add.1
& Corr.3/Rev.1
10
10/corr.1
11
12
13
14
1
Short Title
Proposed Redraft of the Final Text of Chapter IV
- Section B
Proposed Redraft of the Final Text of Chapter IV
- Section B - Articles 20 and 22
Texte Remanie Propose comme Texte Definitif du
Chapitre IV - Section B - Articles 20 et 22
Supplemantary Report on Chapter IV - Section B
E &F
E Only
F Only
E &F
Supplementary Report on Chapter IV - Section B E &F
Proposed Redraft of the Final Text of Chapter III - E &F
Articles 8 - 12
Proposed Redraft of the Final Text of Chapter III- E &F
Articles 8 - 12
Note by the Central Drafting Committee E F
Proposed Redraft of Final Text of Chapter -VIII E &F
Corrigendum to Proposed Redraft of the Final Text of E F
Chapter VIII
Proposed Redraft of the Final Text of Chapter IV - E&F
Article 21
Interim Report by the Central Drafting Committee on E F
the State of its Work in Relation to the State of
Work of the Conference (as of 7 March 1948)
ProPosed Redraft of the Final Text of Chapter IV - E &F
Section A, Articles 18 and 19
Second Interim Report by the Central Drafting E F
Committee on the State of its Work in Relation to-
the State of Work of the Conference (as on
March 1948)
Secretariat Note
Secretariat Note
Secretariat Note
Secretariat Note - Provisional Agenda E F
Secretariat Note E F
/5/Corr.1
XXIV. Eighth Committee (Central Drafting Committee)
Documents (E/CONF.2/C.8) E/CONF.2/INF.187
Page 15
XXV. General Agreement on Tariffs and Trade Documents (GATT/1/)
Short Title
5/Corr.1 Note du Secretariat F Only
6 Secretariat Note . E F
Revision of Annexure 2 of GATT/1/1 E F
Proposed Changes in the Draft Rules of Procedure E F
for the First Session of the Contracting Parties
Protocol of Typographical Corrections to the E F
Agreement
Draft Protocol of Supersession and Amendmnts E F
NotIication by the French Government Regarding the
Operation of the Agreement
Protocol of Typographical Corrections to the E F
Agreement
Protocol of Typographical Corrections to the
Agreement
Protocol of Typograpical Corrections to the E F
Agreement
Rules of Procedure
Cenadian DeIegation - Prtocol of Typographical E &F
Corrections
Protocol of Typographical Corrections - Second E F
Supplement to the List of GATT, Schedule XX
Rectifications - Submitted by the United States
Protocol of Typographical Corrections to the
Agreement.
Article XVIII - Paragraph 6
Report to the Cotracting Parties
Report to the Contracting Parties - Suggestions
by the Australian DeIegation
Letter from Peruvian Delegation
Note by Australian Delegation
Protocol of Typographical Corrections E &F
/25
Number
5/Corr.1
6
7
8
9
10
12
13
15
19
20
21/Add.1
22
24 XXV. General Agreement on Tariffs and Trade Documents (GATT/1/)
Document
Number Short Title
25 Pakistan: Note Re-Negotiation of Concessions E F
Granted at Geneva
26 Protocol of Typographical Corrections E Only
27 Revision of Draft Special Protocol Contained in E F
Document GATT/1/21 Modifying Article XIV of the
General Agreement on Tariffs and Trade
28 Revision of Draft Protocol Contained in Document E F
GATT/1/21 Modifying Certain General Provisions of
the General Agreement on Tariffs and Trade.
XXVI. General Agreement on Tariffs and Trade Information Documents (GATT/1/INF.)
1. Notice of Meeting - Held friday, 5 March 1948 E &F
2 Provisional List of Representatives E F
2/Rev.1 Revised List of Representatives E F
XXVII. General Agreement on Tariffs and Trade Summary Records (GATT/1/SR.)
1 Summary Record of First Meeting -Held E F
28 February 1948
2 Summary Record of Second Meeting - Held E F
2 March 1948
2/Corr.1 Corrigendum to Summary Record of Second Meeting E F
2/Corr.2 Corrigendum to Summary Record of Second Meeting E F
2/Corr.3 .Corrigendum to Summary Record of Second Meeting E Only
2/Corr.4 Corrigendum to Summary Record of Second Meeting E &F
3 Summary Record of Third Meeting - Held
5 March 1948
3/Corr.1 Corrigendum to Summary Record of Third Meeting E F
Summary Record of Fourth Meeting - Held Saturday, E F
6 March 1948 at 2.30 p.m.
4/Corr.l Corrigendum to Summary Record of Fourth Meeting E F
4/Corr.2 Corrigendum to Summary Record of Fourth Meeting E &F
5 Summary Record of Fifth Meeting - Held E F
8 March 1948 at 10.30 a.m.
5/Corr.1 Corrigendum to Summary Record of Fifth Meeting E &F
6 Summary Record of Sixth Meeting - Held 12 March 1948 E F
at 2.30 p.m.
/XXVIII. Sub-Committee 2 of E/CONF.2/INF.187
Page 17
XXVIII Sub-committee 2 of General Agreement on Tariffs and Trade
(protocol of Typographical Corrections to the Schedules
of GATT) Documents (GATT/1/SC,2)
Document
Number Short Title
1 Notes on First Meeting - Held Tuesday, E F
9 March 1948 at 4.30 p.m.
2 Notes of Second Meeting - Held Wedneday, E F
10 March 1948 at 3.00 p.m.
3 Notes of Third Meeting - Held Friday, E F
12 March 1948 at 5.00 p.m.
3/Corr.1 Rectificatif F Only |
|
GATT Library | py057vb7517 | Cumulative list of documents issued from 3 January to 17 January 1948 : Prepared by the documents division | United Nations Conference on Trade and Employment, January 17, 1948 | 17/01/1948 | official documents | E/CONF.2/INF.110 and E/CONF.2/INF.8-110 | https://exhibits.stanford.edu/gatt/catalog/py057vb7517 | py057vb7517_90180107.xml | GATT_145 | 5,636 | 46,101 | UNRESTRICTED
United Nations Nations Unies E/CONF.2/INF.110
CONFERENCE CONFERENCE 17 January 1948
ON DU ENGLISH ONLY
TRADE AND EMPLOYMENT COMMERCE ET DE L 'EMPLOI
CUMULATIVE LIST OF DOCUMENTS ISSUED FROM
3 January to 17 January 1948*
Prepared by the Documents Division
I. Plenary Documents (Symbol. E/CONF.2)
Document
Number
2/Rev.4/Add.1
2/Rev.4/Add.2
2/Rev.4/Add.2/
Corr.1
15/Add.1
24 25
26
27
INF.2/Add.3
INF.42/Rev.1/
Add.1
INF.42/Rev.1/
Add.2
INF.42/Rev.2
INF.46/Corr.2
Short Title
Rules of Procedure - El Salvador: Proposed
Amendment
Amendment to Rules of Procedure - Note by
the President
Corrigendum to Note by the President -
Amendment to Rules of Procedure
Additional Comments of the International
Co-operative Alliance to Chapter V
Scheduling of Future Meetings
Progress of the Conference
Central Drafting Committee - Note by the
President
Resolution to the Economic and Social Council
Relating to Employment
II. Plenar Information Documents (E/CONF.2/INF.)
Documents Information
Addendum to the List of Committees and
Sub-Committees
Addendum to List of Committees and Sub-Committees
List of Committees and Sub-Committees
Corrigendum to Preliminary List of Delegates
to Principal Committees
INF.89 Cumulative List of Documents Issued from
20 December 1947 to 3 January 1948 - Prepared
by the Documents Division
* For list of documents issued up to 3 January, see E/CONF.2/lNF.37,
E/CONF.2/lNF.69, and E/CONF.2/INF.89.
E& F
E F
E F
E F
E F
E F
E F
E F
E F
E F
E F
E F
E only
/lNF.90 E/CONF.2/INF.110
Page 2
Documents
Number
INF.90
INF.91
INF.92
INF.93
INF.94
INF.95
INF.96
INF.97
INF.98
INF.99
INF.100
INF.101
INF.101/Corr.1
INF.102
INF.103
INF.104
INF.105
INF.106
INF.107
II. Plenary Information Documents (E/CONF.2/INF.)
Short Title
Documents Distributed up to 4.00 p.m.,
3 January 1948
Documents Distributed up to 4.00 p.m.,
4 January 1948
Documents Distributed up to 4.00 p.m.,
January 1948
Documents Distributed up to 4.00 p.m.,
6 January 1948
Future Program of Meetings
Documents Distributed up to 4.00 p.m.,
7 January 1948
Documents Distributed up to 4.00 p.m.,
8 January 1948
Documents Distributed up to 4.00 p.m.,
9 January 1948
Future Programme of Meetings
Documents Distributed up to 4.oo p.m.,
10 January 1948
Documents Distributed up to 4.00 p.m.,
11 January 1948
Documents Distributed - 12 January 1948
Corrigendum to List of Documents Distributed
on 12 January 1948
Documents Distributed up to 4.00 p.m.,
13 January 1948
Provisional Future Programe of Meetings -
Documents Distributed up to 4.00 p.m.,
14 January 1948
Documents Distributed up to 4.00 p.m.,
15 January 1948
Documents Distributed up to 4.00 p.m.,
16 January 1948
Provisional Future Programme of Meetings
E &F
E &F
E &F
E &F
E &F
E F
E &F
E&F
E &F
E &F
E &F
E F
E &F
Order of the Day
/III.
Language
E &F Document
Number
OD.39
OD.40
OD.41
OD.42
OD.43
OD.44
OD.45
OD.45/Corr.1
OD.46
OD.48
OD.49
OD.49/Corr. 1
OD.50
E/CONF.2/INF.110
Page 3
III. Order of the Day (E/C0NF.2/OD.)
Short Title Language
Programe of Meetings -
Progamme of
Programme of
Programme of
Programme of
Programme of
Programme of
Programme of
Programme of
Programme of
Programme of
Programme of
Programme of
Programme of
Meetings
Meetings
Meetings
Meetings
Meetings
Meetings
Meetings
Meetings
Meetings
Meetings
Meetings
Meetings
Meetings
Monday, 5 January 1948
Tuesday, 6 January 1948
Wednesday, 7 January 1948
Thursday, 8 January 1948
Friday, 9 January 1948
Saturday, 10 January 1948
monday, 12 January 1948
Monday, 12 January 1948
Tuesday, 13 January 1948
Wednesday, 14 January 1948
Thursday, 15 January 1948
Friday, 16 January 1948
Friday, 16 January 1948
Saturday, 17 January 1948
E &F
E &F
E &F
E &F
E &F
E &F
E &F
E &F
E &F
E &F
E only
IV. Plenary Working Papers (E.CONF.2/W.)
W.13 Ad Hoc Committee to Consider the Amendment Proposed
by the Delegation of El Salvador to Rule 38 of
Rules of Procedure (E/CONF.2/Rev.4/Add.1) -
Note by the Executive Secretary
W.13/Corr.1 Ad Hoc Committee to Consider the Amendment Proposed
by the Delegation of El Salvador to Rule 38 of
Rules of Procedure
W.14 Ad Hoc Committee to Consider the Amendment Proposed
by the Delegation of El Salvador to Rule 38
V. General Committee Documents (E/CONF.2/BUR)
BUR/20 General. Committee - Resolution Regarding the
Time-Table for Future Meetings - El Salvador:
Proposed Amendment
BUR/21 The Final Act - Note by the Executive Secretary
BUR/22 General Committee - Agenda for the Seventh Meeting
- Friday, 9 January 1948 at 5.45 p.m.
/BUR/23
E F
E &F
E F Page 4
V. General Committee Documents (E/CONF.2/BUR)
Document
Number Short Title
BUR/23 General Committee - Review of the Progress of the E F
Conference - Note by the Executive Secretary
BUR/24 General Committee - The Final Act - Note by the E F
United Kingdom Delegation
BUR/25 General Committee - Report from Committee Chairmen E F
Concerning Principal Unresolved Issues - Note by
the Executive Secretary
BUR/26 General Committee - Agenda for the Eighth Meeting E&F
- Friday, 17 January 1948 at 3.00 p.m.
BUR/27 - General Committee - Note by the Secretariat on E F
- the Status of Amendments
VI. General Committee Summary Records (E/CONF.2/BUR/SR.)
BUR/SR.6 General Committee - Sixth Meeting - Held on E F
2 January 1948
BUR/SR.7 - General Committee - Seventh Meeting - Held on E F
9 January 1948
VII. First Committee (Employment and Economic Activity) Documents (E/CONF.2/C.1)
17 Sub-Committee C: Resolution. on EMployment - E F
Report of the Sub-Committee
18 Agenda for Tenth Meeting - Friday January 1948 E &F
19 Sub-Committee C: Draft Resolution on Unemployment E F
- Submitted by the Delegation of Cuba
19/Corr.1 Corrigendum to the Draft Resolution Submitted by the E &F
Delegation of Cuba
20 Resolution on Employment Reported by Sub-Committee (C)
- Afghanistan: Proposed Amendment E&F
VIII. First Committee Summary Records (E/CONF.2/C.1/SR.)
10 Tenth Meeting - Held Friday, 9 January 1948 E F
IX. Sub-Committee C (Resolution on International Action Relating to
Employment) Working Papers (E/CONF.2/C.1/C/W.)
9 Third Meeting - Held Saturday, 3 January 1948 E F
10 Report of Drafting Group E F
11 . Agenda for Fourth Meeting - Held Wednesday, E &F
7 January 1948
/X. Second Committee E/CONF.2/INF.110
Page 5
X. Second Committee (Economic Development) Summary Records. (E/CONF.2/C.2/SR.)
Document
Number Short Title Language
13/Corr.1 Corrigendum to Summary Record of Eleventh Meetng E F
16/Corr.1 Corrigendum to Summary Record of Sixteenth Meeting E F
XI. Sub-Committee B of Sécond Committee (Article 12) Documents (E/CONF.2/C.2/B)
2 Agenda for Third Meeting - Held Wednesday,
7 January 1948 E&F
3 Agenda for Fourth Meeting - Held Monday,
12 January 1948 E&F
4 Agenda for Fifth Meeting Held Wednesday,
14 January 1948
XII. Sub-Committee B of Second Committee Working Papers (E/CONF.2/C.2/B/W.)
1/Rev.1 Informal Analvsis of Amendments Proposed by
Secretariat E F
5 United States: Suggested Redraft of Article 12 E F
5/Corr.1 Corrigendum to United States Redraft of Article 12 E&F
6 Notes on Third Meeting - Held Wednesday,
7 January 1948 E F
7. Redraft Suggested as Basis for Discussion by
Australian Delegation E F
7/Corr.1 Corrigendum to Redraft Suggested as Basis for
Discussion by Australian Delegation E only
8 India: Proposed Amendments to Suggested Redraft
of Article 12 E F
9 Notes on Fourth Meeting - Held Monday,
12 January 1948 E F
10 Notes on Fifth Meeting - Held Wednesday,
14.January 1948 E F
XIII. Sub-Committee C of Second Committee (Articles 13 and 14)
- Documents (E/CONF.2/C.2/C)
1 Draft Agenda E&F
2 Amendments Proposed by the Delegation of Brazil
to Article 13 for Consideration by Sub-Committee C E F
3 Draft Agenda -. Prepared by Secretariat for Second
Meeting - Held 8 January 1948
4 Agenda- Third Meeting - Held 9 January 1948 E&F
5 Article 13 - Procedure Proposed by the Brazilian
Delegation for Negotiated Commitments E F
XIV. Sub-Committee C of Second Committee Working Papers (E/CONF.2/C.2/C/W.)
1 Informal Analysis of Amendments to Articles 13
and 14 E F
2 Notes on First Meeting - Held Tuesday, 6 January 1948 E F
3 Notes on Second Meeting - Held Thursday,
8 January 1948 E F
/4 Page 6 *.
b .. -Committee C of Second Committekekingicint ((PaONFON/CFCDCWC))2//W
Document
Short Title
4 No s te on Third Meeting l- Hed sThurday,
nuary 194848. E F 3
4/Corr1 Deuxisseme Commiion: Developpement Economique
atif au Document 't: tat~ dl No. Tradevaio 4 la.
Sous-Commission C de la Deuxieme Commission F only.
5 Notes on Foungrth Meeti - Held Monday,
y 1948ti94.. E F
Sub-Committee D of Second Committee tootnote- o Chapter III on
"Reconstruction Doc/CONF.s (.,/DECQP. 2/2)
' A enda for Second Meeting - Held 13 January 1948 E&F
-Committee D of Second Committee Working Papers (E/CONF.2/C.2/D/W
1. Draft Report of the Sub-Comimmtee v on Ftnote to
Chapter III on "Reconstruction" E F
2 Delegatindonof Bel6ggi L,uembourg and the
Netherlands Observations Concerning the Draft
Report of the Sub-Committee on the Note on
Reconstruction In Chapter IITI of the Draft Charter
(E/CONF.2/C.2/D/ W1) E F
X1.VI Joint Sub-Committee of Second and Third' riomteets (Tariff Preferences)
Documents (E/COF.N /2C.2&3/A)
9 H Agenda foreventh Meeting. - Hd MoNand
5 January 1948 E F
10 Agenda for Eighth Meeting Held Tuesdar
6 January1948 E F
11 Agenda for inNih MeetinG H -eld Wednesday,
7 January 1948 .
12 Agenda for Tenth Meeting - Held Thursday,
8 January 1948 .I.
JointX .JotCommitmtee f Second and p and Cmwmitte Working Pap
EON(F/CON/C.2&3/A/W.)
6 otNoon oixth MeetU. i- Held Saturdy,
.43 January 19 .-.E *'. - . . _F
7 otes oc Seventh Meeting - Held Monday,
5 January 1948 ; .
/Cor. - Corrigenduino .!oo onSeventh Meeting
8 jge h Meetingd Tuesday,
. . aur14 .........- .: .......
$tea o NinthMee.#ng Held Way . . -
9 8 --* . . ,
,10 Notes on Tenth Meeting Held Thurdda
008Janua~9I - E
/XI. Joint E/CONF. 2/INF.110
Page 7
XIX. Joint Sub-Committee of Second and Sixth Committees
Documents (E/CONF.2/C.2&6/A)
Document
Number Short Title Language
Agenda for Eleventh Meeting - Held Tuesday,
6 January 1948 E F
6 Agenda for Twelfth Meeting - Held Wednesday,
7 January 1948 E&F
7 Agenda for Thirteenth Meeting - Held Thursday,
8 January 1948 E F
8 Agenda for Fourteenth Meeting - Held Saturday,
10 January 1948
9 Agenda for Fifteenth Meeting - Held Monday,
1L2 January 1948 E&F
10 Agenda for Sixteenth Meeting - Held Tuesday,
13 January 1948
11 Agenda for Seventeenth Meeting - Held Wednesday,
14 January 1948 E F
12 Agenda for Eighteenth Meeting - Held Thursday,
15 January 1948 E F
13 Agenda for Nineteenth Meeting - Held Saturday,
17 January 1948 E F.
XX. Joint Sub-Committee of Second and Sixth Committees Working Papers
(E/CONF.2&6/A/W.)
2/Add.1 Action by Joint Sub-Committee on Report of
Working Party No. 1 on Preamble to Paragraph 1
and Sub-Paragraph (a) or Paragraph 1 of New
Article 12A Proposed by Colombia E F
6 Ninth Meeting - Held Friday, 2 January 1948 E F
7 Tenth Meeting - Held Monday, 5 January 1948 E F
8 Eleventh Meeting - Held Tuesday, 6 January 1948 E F
9 . Twelfth Meeting - Held Wednesday, 7 January 1948 E F
10 Note by Pakistan Delegation Concerning its
Amendment Submitted to Paragraph 2 of Article 10
(Page 3 of E/CONF.2/C.2/9) E F
11 Thirteenth Meeting - Held Thursday, 8 January 1948 E F
12 Report of Working Party No. 3 Concerning the
Mexican Amendment to the Second Sentence of
Paragraph 1 of Article 11 E F
13 Fourteenth Meeting - Held Saturday, 10 January 1948 E F
14 Report of Working Party. No. 3 to Joint
Sub-Committee of Committees II and VI Regarding
Turkish Amendment to Paragraph 2 of Article 10 E F
15 Report of Working Party No. 3 on the Chilean
Amendment to Paragraph 2 of Article 11, the
Afghanistan Amendment to Paragraph 3 of Article 11
and the Pakistan Amendment to Paragraph 2 of
Article 10 E F
/15/Corr.1 ; E/CONF.2/INF/110
Page 8
XX. Joint Sub-Committe of Second and Sixth Committees Working Papers
(E/CONF.2&6/A/W.)
Document '
Number Shot Title Language
15/Corr.1 ,tiictf au Rapport du TroiliemOroupede
Travail Sur L'mendmement du Chile au Paragraphs2
de LArticle 11, LAmendement de L'Atfanistan
au Paragraph 3 de L'Article 11 et L'Amendement du
akioan au Paragraphe 2 de L'Article 10 F only
1. Draft Report of'rking Party Zo 3 to Joint
Sub-Comittee of Committees IX and VI Concerning
aragraph 2 of -e Articled1A Ppsed y.
Colombia F00 E
nua17 fteenth Meeting Held. onday, 12 Jaer 1948 E F
18 Sixteenth Meeting - Held Tuesday, 13 January 1948 E F
19 SeneenthMeeting - Held 14 January 1948 E F
-20 Eigteenth EeEioir6 Held 15 January 19418 B
XXI. Third Commit/teNF.2/e (Cneral Policy) 'Doments (EC O C)
6/Corr.5 "Revised Anotated Agenda for Chapter IV--
Sectio n A - Tariffs, Preferences, andInternal
Taxation and Reg ain E F B
6/Cor Revised Annotated. Aenda for Chapter IV E F
dendum6/Add3. rnntannotatedm to Revised Appotat
Agenda (E/CN' 2/C.3/6) E&F
6/A dd.4 ge- sed-Anotated. enda for Chapter IV E F *
6/dd. 5 Revised Annopatpted AVgenda for Cha6r-I1 E F
10/Corr1 SCctCoion E - Gensrasl mmercial Priviions -
Article 36 - Chile: Correction of Amendment E F
10/Add .3 Section E - General Commercial Provisions -
(- NArticles32_9) Irway: Proposed Redraft
of Article 38 E F
5/A-C-ro -SubCmmi tte 1A (A 18 and 1rtcles-6,17,- e-
Addeuz.
of Committee IIIb - itteo I,Th ,Held Monday
5 January 1948E F
34 Agenda ofII Committee Ib - Twenty-Sixth Meeting
Held Tuesday, 6 January 1948 E F
35 AgenedaofIIIb Committe-e e- TwentySevntMeeting -
Held Wednesday, 7 January 1948 E F
36 Agenda ofIII Committee b - Twenty-Eighth Meeting -
aHeld Thursdy, 8 January 1948 E F
XXII. Third Committee Summary RecordsC (E/CONF.2/.3/SR.)
21 -Compte Rendu AnalytVvique de Laingt Et Unieme
b) -ance (b) -e tenue au Capaitneole, La Hve, Cuba -
le ?c àrdi m? 1?bre 19471, heures . F
22 Tw y S ent-econd MIeeting (IIb) - ayHeld Tuesd,
31 December 1947 E F
/22/Corr.1 Page 9
Document
Number Short Title
22/Corr.1 Corrigendum to Summary Record of Twenty-Second
Meeting- (IIIb) E&F
23 Twenty-Third Meeting (IIIb) - Held Thursday,
2 January 1948 E F
23/Corr.1 Troisime Commission: Politique Commercials -
Rectiffcatif
24 Twenty-Fourth Meeting (IIIb) - Held Saturday,
3 January 1948 E F
24/Corr.1 Corrigenda to Summry Record of Twenty-Fourth
Meeting (IIlb) E F -'
ting (IIIb) - Held Monday, ) -;-eldo,
5 January 1948 E F
25/Corr. ndumCorrigezu to Summary Record ofi Twenty-Ffth
Ee t F
25/Corr.2 Troisieme CosSmmsion: Politi qummeCoerciale -
Rectificatif au Comptaee Rendu Analytique de
i.g-inquieme' Sance (IlIa) E Fc
26- x TIIwentySith MTeeting (Ib) - Held uesday,
E F6 J uwy 194
27 TwenIty-SeIventh Meeting (IIb) - Held Wednesday,
7 January 1948 E F
28 - TwentyEightIh Meeting (IIb) - Held Thursday,
8 Jaary948 E.
28/Corr.1 Corrigemmndum to Suary Record of Twenty-Eighth
IIMe E Feting (Ib)
m- m otnmitee of Third Committee (Articles 16 - 19)
Docuts (E/CONF.m/en2C.3/A)
3 Agenda for Slixteenth Meeting -l Hed Wednesday,
7 January 1948 E F
4 Agenda for Seveteenth MeetingHe - Thuld rsday,
8 January 1948 E F
5 A genda for Eighteenth Meeting - H eldSaturday,
10 January 194 8 F E
6 nAgeda for Nineteenth Meegtin - Held Monday,
12 January 1948 E F,
7 Agenda for Twentieth Meeting - Held Tuesday,
anuary 1948 13E J F
8 Agefonda r TweFirnty-st Megtinz - Held Wednesday,
anu4Jnuary 1948 E F
9 Age nda for Twenty-nSecod MeetingHeld Th- ursday,
15January 19 E F48 - 3
enty-Third10 Agae,nd-T2ntThi -Held. Fridy.
E Ff16 Jaker148 *.
11 AHgendMoa for Twenty-Fourth Meeting - eld nday,
19 January 1948 E F
/ E/CONF.2/lNF.110
Page 10
XXIV. Sub-Committee A of Third Committee Working Papers (E/CONF.2/C.3/A/W.)
Document
Number Short Title Title Language
22/Corr.1 Troioieme Commission: Politique Commerciale -
Sous-.coozmBson sA (Article6 16 1-7, 18,;19)_
Corr Nigendum Auxotes de La Douzieme Seance F only
23 Agenda for FourteenthH lMeeting - ed Monday,
5 January1948 . E F
24 Th Notes of irteenth Meeting - Held Saturday,
3 4January 198 - E F
25 Agenda for Fifteenth Meeting - Held Tuesday,
January.1948 . E F
25/Corr. s TromiBeme Comiasion: Politique Commerciale -
Sous-Commission A (Articles 16, 17, 18, 19)-
Corràig'endum lordre du jour de laè qiuinzime
sance F only
26 Notesof Fourteenth Meeting - Held Monday,
5 January 1948 E F
27 - Notes of Fifteenth Meeting - Held Tuesday,
6 January 1948 E F
28 Notes of Sixteenth Meeting - Held Wednesday,
-7 January 1948 E F
29 N s oteof Seventeenth MeeHeting - ld Friday,
9 January 1948 EF
219/Corr. Corrigendum to Notes of Seventeenth Meeting E&F
30 Notes of Eighteenth Meeting - Helda Saturdy,
10 January 1948 EF
31 Notes of-Nineteenth Meeting - Held Monday,
12 January 1948 EF
32 s f w NoteoTentieth Meeting Held Tuesday,
13 January 1948 E F
312/Corr. Corrigendum to Notes of Twentieth Meeting -
Held 13 January 1948 E&F
32/Corr.2 Corrigendum to Notes of Twentieth Meeting -
HJeluad 13 anry 1948 E&F
33 - Notes of Twenty-First Mee-ting Held Wednesday,
14 January 1948 - E F
33/Add.1 Notes of Twenty-First Meeting - Held Wednesday,
14 January 1948 E&F
lV Smub-Co>mttee B of Third Conmittee (Article 18A) Working Papers
N(ECOI.i2/C 3/)B/W.
s .~- N otes on SecondMeeting- Held Monday,
12 Jauary 1948 E F
/eE'.2 .otas onSecond Meeeldting - Hal Moay,
12 J. ry 1948 EF
11/ v..1,Corr, Corrigendum to Notes on Seceood Msting E F
2 f -. . Dyrat: Propoed b the. Delegation of the
United Kingdom E F E/CONF.2/INF.110
Page 11
XXVI.Sub-Committee C of Third Committee (Technical Articles)
Documents (E/CONF.2/C.3/C)
Document
Number Short Title Language
6 Agenda for Sixth Meetting - Held 2 January 1948 E F
7 Agenda for Seventh Meeting - Held 3 January 1948 E F
8 Agenda for Eighth Meeting - Held 5 January 1948 E F
9 Agenda for Ninth Meeting - Held 7 January 1948 E F
10 Agenda for Tenth Meeting - Held 8 January 1948 E F
11 Agenda for Eleventh Meeting - Held 9 January 1948 E F
12 Agenda for Twelfth Meeting - Held 10 January 1948 E F
13 Agenda for Thirteenth Meeting - Held 12 January 1948 E F
14 Agenda for Fourteenth Meeting- Held 13 January 1948 E F
15 Agenda for Fifteenth Meeting - Held 15 January 1948 E F
16 Agenda for Sixteenth Meeting - Held 16 January 1948 E F
XXVII. Sub-Committee C of Third Committee Working Papers (E/CONF.2/C.3/C/W.)
6 Notes on Sixth Meeting - Held 2 January 1948 E F
7 Notes on Seventh Meeting - Held 3 January 1948 E F
8 Notes on Eighth Meeting - Held 5 January 1948 E F
9 Notes on Ninth Meeting - Held 7 January 1948 E F
10 Notes on Tenth Meeting - Held 8 January 1948 E F
11 Notes on Eleventh Meeting - Held 9 January 1948 E F
12 Notes on Twelfth Meeting - Held 10 January 1948 E F
13 Notes on Thirteenth Meeting - Held 12 January 1948 E F
14 . Notes on Fourteenth Meeting - Held 14 January 1948 E F
15 Notes on Fifteenth Meeting - Held 15 January 1948 E F
XXVIII. Sub-Committee D of Third Committee (Articles 40 - 43)
Documents (E/CONF.2/C.3/D)
2 Agenda for Third Meeting - Held Thursday,
8 January 1948 E F
3 Agenda for Fourth Meeting - Held Saturday,
10 January 1948 E F
4 Agenda for Fifth Meeting - Held Wednesday,
14 January 1948 E F
5 Agenda for Sixth Meeting - Held Friday,
16 January 1948. E F
XXIX. Sub-Committee D of Third Committee Working Papers (E/CONF. 2/C. 3/D/W.)
4 Notes on Second Meeting - Held Saturday,
3 January 1948 E F
5 Observations of the Netherlands Delegation on
Article 43 E F
6 Recommendations of Fifth Committee Relating to
Article 43 E F
/7 E/CONF. 2/INF. 110
Page 12
XXIX. Sub-Committee D of Third Committee Working Papers (E/CONF.2/C.3/D/W.)
Number Short Title Language
7 Notes on Third Meeting - Held Thursday,
8 January 1948 E F
8 Notes on Fourth Meeting - Held Saturday,
10 January 1948 E F
8/Corr.1 Corrigendum to Notes on Fourth Meeting
9 Notes on Fifth Meeting - Held Wednesday,
14 January 1948 E F
XXX. Sub-Committee E of Third Committee (Articles 20 and 22)
Documents (E/CONF.2/C.3/E)
2 Agenda for First Meeting - Held Monday,
5 January 1948 E&F
3 Agenda for Second Meeting - Held Tuesday,
6 January 1948
4 Agenda for Third Meelting - Held Wednesday,
7 January 1948- E F - @;
5 Agenda for Fourth Meeting - Held Thursday,
,nuEry 1948 E . F
6 - Aenda for Fifth Meeting Held Friday,
9 January 1948 . :
7 Agenda for Sixth Meeting - Held Saturdy,
1 -nuary 1948 . EF-
8 Agenda Seventh Meeting - Held Tuesday,
13 JanEuary1948 F
Agenda for Eigth Meeting - Held Wednesday,
1.anary lq HE F
/X0WorkingI Sub-Cosmtee E -ofTrd/E/W.) Committee ITorgrs (E/CONF.2/C.3 3E/
1 Notes of First Meeting - Held Monday,
5 January 1948 E F
2 Notes on Second Meeting - Held Tuesday,
6 January 19 E F
3 sday Notes on Third Meeting - Held Wedne,
7 anuary1948 E F
4 Notes of Fourth Meeting - Held Thursday,
9 January 1948E F
5 Peru Proposed Amendment E F
6 Ireld.:Proposed E FAmendment B
7 Notes on Fifth Meeting - Held Friday,
9 a 1 - - : 14E'
7/gCgorr.. Corriendun oNotes on Fifth&.Mtn. E F -
8 Notes on Sixth Meeting - Held Saturday,
10E January 1948. F
9 Composition and Terms of Reference of Working
PartiEes F E/CONF.2 /lNF.110
Page 13
XXI. Sub-Committee E of Third Committee Working Papers (E/CONF.2/C.3/E/W.)
Document
Number Short Title Language
10 United Kingdom Proposed Amendment E F
11 Report of Working Party No. 5 on Item 17
(Sweden) E F
12 Notes on Seventh Meeting - Held Tuesday,
13 January 1948 E F
13 Notes on Eighth Meeting - Held Wednesday,
i.4 January 1948 E F
14 Report of Working Party No. 3 on Item 6
(Australia) and Item 7 (Greece) E F
15 Report of Working Party No. 4 on Item 8 (China) E F
XXXII. Sub-Committee F of Third Committee (Articles 21, 23 and 24)
Documents (E/CONF.2/C. 3/F)
1 Sub-Committee F (Articles 21, 23, and 24) E F
2 Agenda for First Meeting - Held Tuesday,
6 January 1948 E F
3 Agenda for Second Meeting - Held Wednesday,
7 January 1948 E F
4 Agenda for Third Meeting - Held Thursday,--
8 January 1948 E F
5 Agenda for Fourth Meeting - Held Monday,
12 January 1948 E&F
5/Re1v. Agenda for Fourth Meeting - Held Monday,
12 January 1948 E F
6 Agenda for Fifth Meeting - Held Tuesday,
13 January 1948 E F
7 . . Agenda for Sixth Meeting - Held Thursday,
15 January 1948 E F
8 g Aenda for Sehvent Meeting - Held Friday,
1 January 1948 E F
9 A genda for Eighth Meeting - Held Saturday,
17 January 1948 E F
XXI. Sub-Comittee F of Third Committee Worknig Paprs(Ee/CON.F2/C.3/F/W).
1 Notes on First Meeting - Held Tuesday,
6 January 1948 E F
/Corr1. Corrigendum to Notes of First Meeting E&F
2 Notes on Second Meeting - Held Wednesday,
7 January 1948 EF
2/Corr.1 Corrigendum to Notes on Second Meeting E&F
3 France: Proposed Amendment to Article 23 E F
4 . Norway: Proposed Amendment E F
5 Norway: Amendment (Item 64 of the Revised
Annotated Agenda) E F
/6 Page 14
XXXIII. Sub-Committee F of Third Committee Working Papers (E/CONF.2/C.3/F/W.)
Document
Number Short Title Language
6 Sub-Committee F (Articles 21, 23 and 24) E F
6/Corr.1 Corrigendum - Sub-Committee F (Articles 21, 23
and 24) E only
7 Statement by the Delegate of France,
8 January 1948 E F
8 Notes on Third Meeting - Held Thursday,
8 January 1948 E F
9 Report of Working Party on Paragraph 3 (b) of
Article 21 E F
10 Report of Working Party on Paragraph 3 (c) (ii) E F
11 . Statement by the Delegate for Belgium at Fourth
Meeting of Sub-Committee F E F
12 Notes of Fourth Meeting - Held Monday,
12 January 1948 E F
13 Notes on Fifth Meeting - Held Tuesday,
13 January 1948 E F
14 Czechoslovakia: Proposed Amendment E F
XXXIV. Sub-Committee G of Third Committee (Swiss Proposal)
Documents (E/CONF.2/C.3/C)
1 Sub-Committee G of Committee III (On the Swiss
Proposal) E F -
2 Agenda for First Meeting - Held Friday,
9 January 1948 E&F
3 Agena for Second Meeting - Held Thursday,
15 January 1948 E&F
XXXV. Sub-Committee G of Third ComFmittee WWorking Papers (E/CON.2/C.3/.)
1 Notes on First Meeting - Held Friday,
9 January 1948 E F
/Corr.l Corrigendum to Notes on First Meeting E F
2 Notes on Sec,ond Meeting - Held Thursday
-15 JanuaEry 1948 F
XXt. Sub-Comiittsed H of Third CommitteF2/C.3/He (Subiies) Documents(E/CON)
1 Section C - Subsidies E F
2 Agenda of Second Meeting - Held Friday,
9 January 1948 E F
3 Agenda or Third Meeting.- Held Tuesday,
13 January 1948
4 Agendaof.orth Meeting - Held Thursday,
15 January 1948 E F
5 Agenda of Fifth Meeting - Held Friday,
16 January 1948 E F
11K=. E/CONF.2/INF.110
Page 15
XXXVI. Sub-Committee H of Third Committee Working Papers (E/CONF.2/C.3/H/W.)
Document
Number Short Title Language
1 Notes of First Meeting - Held Wednesday,
7 January 1948 E F
2 Notes of Second Meeting - Held Friday,
9 January 1948 E F
3 Section C - Subsidies E F
Notes of Third Meeting - Held Tuesday,
13 January 1948 E F
5 Notes of Fourth Meeting - Held Thursday,
15 January 1948 E F
6 Notes of Fifth Meeting - Held Friday,
16 January 1948 E F
XXVIII. Sub-Committee J of Third Committee (State Trading)
Documents (E/CONF.2/C.3/J)
1 Sub-Committee J (Articles 30 and 31) E F
2 Agenda for First Meeting - Held Monday,
12 January 1948 E F
3 Agenda for Second Meeting - Held Thursday,
15 January 1948 EF
4 Agenda for Third Meeting - Held Saturday,
7 January 1948 E F
XXXIX. Sub-Committee J of Third Committee Working Papers (E/CONF.2/C.3/J/W.)
1 Notes on First Meeting - Held Monday,
12 January 1948 E F
2 Notes on Second Meeting - Held Thursday,
15 January 1948 E F
XL. Fourth Committee (Restrictive Business Practices) Documents (E/CONF.2/C.4)
5 Report of Sub-Committee E F
6 Agenda for Fifth Meeting - Held 10 January 1948 E&F
7 Agenda for Sixth Meeting - Held 12 January 1948 E&F
8 Agenda for Seventh Meeting - Held 13 January 1943 E&F
9 .Report of the Working Party E .H F
9/Rev.1 Quatrieme Commission; Pratiques Commerciales-
Restrictives - Rapport du Groupe de Travail F only
10 Agenda for Eighth Meeting - Held 14 January E1948 &F .
11 Agenda for Ninth. Mleeting - Hed 15 January 194E8 &F
12 Agenda for Tenth eMeeting - Hld 16 JanuaE&Fry 1948
XLI. Fourth Committee Summary Records (E/CONF.2/C.4/SR.)
5 Fifth Meeting . Held Saturday, 10 JanuEary 1948 F
5/Corr.1 Corrigendum to Fifth Meeting E F
6 Sixth Meeting - Held 12 January 1948 E F
7 Seventh Meeting - Held Tuesday, 13 January 1948 E F
8 Enighth Meetig Held 14 January 1948 E F
9 Ninth Meeting - Held 15 January 1948
/XLII. E/CONF.2/INF.110
Page 16
XLII. Sub-Committee A of Fourth Comittee Documents (E/CONF.2/C.4/A)
Document
Number Short Title Language
20 Draft Agenda Prepared by the Secretariat for the
Twenty-Second Meeting - Held 6 January 1948 E&F
21 Draft Agenda Prepared by the Secretariat for the
Twenty-Second Meeting - Held 8 January 1948 E&F
XIIII. Sub-Committee A of Fourth Committee Working Papers (E/CONF.2/C.4/A/W.)
9 Summary Record of Twenty-First Meeting - Held
5 January 1948 E F
XLIV. Fifth Committee (Inter-Governmental Commodity Agreements)
Documents (E/CONF.2/C.5)
13 Statement by the Cuban Delegation on
Inter-Governmental Commodity Agreements E F
XLV. Fifth Committee Summary Records (E/CONF.2/C.5/SR.)
9/Add.1 Addendum to Summary Record of Ninth Meeting E&F
10/Corr.1 Cinquieme Commission: Accords Intergouvernementaux
Sur Les Produits de Base - Corrigendum au Compte
Rendu Analytique de la Dixieme Seance F only
11 Eleventh Meeting - Held Friday, 2 January 1948 E F
12 Twelfth Meeting - Held Saturday, 3 January 1948 E F
13 Thirteenth Meeting - Held Monday, 5 January 1948 E F
XLVI. Joint Sub-Committee of Fifth and Sixth Committees
(Inter-Governmental Commodity Agreements Relating to National Security)
Working Papers (E/CONF.2/C.5&6/W.)
1 Working Paper Prepared by the Secretariat E
1/Add.1 United States: Note with Respect to its Amendment
tc Article 67 Excepting from the Provisions of
Chapter VI Agreements Necessary to Meet Essential
Requirements of National Security E only
2 Notes on First Meeting - Held 13 January 1948 E F
3 Draft Report of the Working Party E F
3/Corr.1 Corrigendum to Report of the Working Party E&F
XLVII. Sixth Committee (organization ) Documents: (E/CONF.2/C.6)
12/Add.7 Sixieme Commission: Organisation - Project de
Charte F
12/Add.10 Amendment to Article 99 Proposed by the Delegation
of the United States in Accordance with Previous
Notice of Intention E F
12/Add.11 El Salvador: Proposed Amendment to the Fourth
Paragraph of Article 1 E F
12/Add.12 Mexico: Proposed Amendment to Article 1 E&F
40 Agenda for the Twentieth Meeting - Held 5 January 1948 E&F
41 Texts of Article 97 and Paragraph 1 of Article 98 E F
/42 E/CONF.2/INF.110
Page 17
XLVII. Sixth Committee (Organization) Documents (E/CONF.2/C.6)
Document
Number
42
43
Short Title
Note by the Secretariat Regarding Documents
Referring to Annotated Agenda
Text of Paragraph 1 of Article 92 as Adopted on
First Reading at the Nineteenth Meeting - Held
3 January 1948
Language
E&F
44 Report Regarding Criticisms and Selection of
Indexes of International Economical Valorization
of the Delegation of Cuba E F
XLVIII. Sixth Committee Summary Records (E/CONF.2/C.6/SR.)
14/Corr.3 Corrigendum to Summary Record of Fourteenth Meeting E&F
15/Corr.1 Corrigendum to Summary Record of Fifteenth Meeting E&F
16/Corr.1 Corrigendum to Summary Record of Sixteenth Meeting E&F
Eighteenth Meeting - Held Friday, 2 January 1948 E F
18/Corr.1 Corrigendum to Summary Record of Eighteenth Meeting E&F
19 Nineteenth Meeting - Held Saturday, 3 January 1948 E F
20 Twentieth Meeting - Held Monday, 5 January 1948 E F
XLIX. Sixth Committee Working Papers (E/CONF.2/C.6/W.)
13/Corr.2 Corrigendum to Summary Record of Second Meeting E&F
14 Summary Record of Eighth Meeting - Held 2 January 1948 E F
15 Working Paper Prepared by the Secretariat E F
16 Redraft of Paragraph 2 as Suggested by the
Delegations of France, Peru and the United States E&F
17 Mexico: Note on Article 75 E F
17/Corr.1 Corrigendum to Note by Mexico on Article 75 E&F
18 Summary Record of Ninth Meeting - Held 6 January 1948 E F
Summary Record of First Meeting - Held 5 January 1948 E F
20 Summary Record of First Meeting - Held 6 January 1948 E F
21 Working Party to Study the Question of an Interim
Commission for the International Trade Organization E F
22./Rev.1 Sixieme Commission: Organization - Groupe de Travail
Charge D'Etudier La Question de La Creation D'Une
Commission Interinaire de L'Organisation
International du Commerce F only
22 Working Paper Prepared by the Secretariat E F
23 Working Paper Prepared by the Secretariat E F
23/Add.1 United States: Note with Respect to its Amendment
to article 67 Excepting from the Provisions of
Chapter VI Agreements E only
24 Summary Record of Second Meeting - Held 7 January 1948 E F
25 Summary Record of Tenth Meeting - Held 8 January 1948 E F
26 Notes of First Meeting - Held 7 January 1948 E F
/27 E/CONF.2/INF.110
Page 18
XLIX.Sixth Committee Working Papers (E/CONF.2/C.6/W.)
Document
Number Short Title Language
27 Redraft of Article 95 Suggested. by Delegations
of Mexico and United States E F
28 Notes of Eleventh Meeting - Held 9 January 1948 E F
29 Working Paper Prepared by the Secretariat E F
30 Report of Working Party of Sub-Committee G of
Committee VI on Chapter VIII E F
31 Summary Record of Twelfth Meeting - Held
9 January 1948 E F
31/Corr .1 Corrigendum to Summarry Record of Twelfth Meeting E&F
32 Notes of Second Meeting - Held 10 January 1948. E F
33 Summary Record of First Meeting - Held 10 January 1948 E F
33/Corr.1 Corrigendum to Summary Record of First Meeting E&F
34 Text of Article 75 as Provisionally Accepted by
a Majority of the Sub-Committee E F
35 Summary Record of Thirteenth Meeting - Held
10 January 1948 E F
36 Summary Record of Second Meeting - Held
12 January 1948 E F
37 Note by the Secretariat E F
38 Summary, Record of Third Meeting - Held 10 January 1948 E F
39 Sub-Committee on Article 75 (Composition of the
Executive Board) - Redraft of Article 75 Suggested
by Working Group in Accordance with Instructions
of Sub-Committee E F
40 Notes of Third Meeting - Held 12 January 1948 E F
41 Summary Record of Third Meeting -Held 13 January 1948 E F
41/Corr.1 Corrigendum to Summary Record of Third Meeting E&F
42 Suimmary Record of Second Meeting - Held
13 January 1948 E F
43 Summary Record of Fourth Meeting - Held
14 January 1948 E F
44 Report of Working Party on Exceptions Concerning
"Peace Treaties" and "Special Regimes" E&F
45 Summary Record of Fourth Meeting - Held
14 January 1948 E F
46 Summary Record of Third Meeting - Held 15 January 1948 E F
47 Summary Record of Fifth and. Sixth Meetings-
Held 15 and 16 January 1948 E F
48 Amendment to Articl e 94 Proposed by the United
Kingdom Delegation E F
49 Summary Record of Fifth Meeting -Held
16 January 1948 E F
50 Summary Record of Fourteenth Meeting - Held
15 January 1948 E F
/51 E/CONF.2/INF.110
Page 19
XLIX. Sixth Committee Working Papers (E/CONF.2/C.6/W.)
Document
Number Short Title
51 Cuba; Proposal for Redraft of Article 75
52 Summary Record of Fifteenth Meeting - Held
17 January 1948
Colombia: Suggested Amendments to Article 90
Notes on Sixth Meeting - Held 16 January 1948
53
54
Language
E
E |
|
GATT Library | kw269tj2136 | Cumulative list of documents issued from 31 January to 14 February 1948 : Prepared by the documents division | United Nations Conference on Trade and Employment, February 14, 1948 | 14/02/1948 | official documents | E/CONF.2/INF.152 and E/CONF.2/INF.110-201 | https://exhibits.stanford.edu/gatt/catalog/kw269tj2136 | kw269tj2136_90180109.xml | GATT_145 | 4,339 | 31,181 | United Nations Nations Unies
CONFERENCE CONFERENCE UNRESTRICTED
ON DU E/CONF.2/INF.152
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 14 February 1948
ENGLISH ONLY
CUMULATIVE LIST OF DOCUMENTS ISSUED FROM
31 January to 14 February 1948*
Prepared by the Documents Division
I. Plenary Documents (Symbol E/CONF.2)
Document
Number Short Title Language
27/Rev.1 Resolution sur l'emploi presentee au Conseil F only
Economique et Social
33 Heads of Delegations - Summary Record of the Meeting E F
Held 31 January 1948 at 3.00 p.m.
34 Resolution to the Economic and Social Council E F
Relating to Employment
35 Conference Resolution on Employment - Note by the E F
Executive Secretary
36 For Consideration by the Heads of Delegation at E F
Its Meeting on 4 February 1948 - Report of the General
Committee Regarding the Composition and Functions of
a Co-ordinating Committee
37 Heads of Delegations - Summary Record of the Meeting E F
Held 4 February 1948 at 11.30 a.m.
37/Rev.1 Corrigendum to Summary Record of Meeting of Heads E F
of Delegations
38 Costs of the Conference on Trade and Employment E F
and its Preparatory Committee - Note by the
Executive Secretary
39 Fifth Committee: Inter-Governmental Commodity E F
Agreements - Report to the Conference.
39/Rev.1 Cinquime Commission: Accords intergouvernementaux F only
sur les produits de base - Rapport a la Conference
II. Plenary Information Documents (E/CONF.2/INF.)
1/Rev.5/Corr.2 Corrigendum to List of Delegates and Observers E F
* For list of documents issued up to 31 January, see E/CONF.2/INF.37,
E/CONF.2/INF.69, E/CONF.2/INF.89, E/CONF.2/INF.110 and E/CONF.2/INF.131.
/130 Page 2
II. Plenary Information Documents (E/CONF.2/INF.)
Document
Number Short Titile Language
130 Note to Delegations E F
131 Cumulative List of Documents Issued from E only
17 January to 31 January 1948 - Prepared by the
Documents Division
132 Documents Distributed up to 4.00 p.m., 31 January 1948 E &F
133 Documents Distributed up to 4.00 p.m., 1 February 1948 E &F
134 Documents Distributed up to 4.00 p.m., 2 February 1948 E &F
135 Documents Distributed up to 4.00 p.m., 3 February 1948 E &F
136 Provisional Future Programme of Meetings E F
137 Documents Distributed up to 4.00 p.m., 4 February 1948 E &F
138 Note to Delegations regarding the Delegation E &F
of the Union of Burma
139 Documents Distributed up to 4.00 p.m., 5 February 1948 E &F
140 Documents Distributed up to 4.00 p.m., 6 February 1948 E &F
141 Provisional Future Programme of Meetings E F
142 Documents Distributed up to 4.00 p.m., 7 February 1948 E &F
143 Documents Distributed up to 4.00 p.m., 8 February 1948 E &F
144 Documents Distributed up to 4.00 p.m., 9 February 1948 E &F
145 Documents Distributed upto 4.00 p.m., E &F
10 February 1943
146 Provisional Future Programme of Meetings E F
147 Documents Distributed up to 4 00 p.m.,
11 February 1948
148 Documents Distributed up to 4.00 p.m., E &F
12 February 1948
149 Documents Distributed up to 4.00 p.m., E &F
13 February 1948
150 Provisional Future Programme of Meetings E F
150/Corr.1 Corrigendum to the Provisional Future Programme of E &F
Meetings
151 Documents-Distributed up to 4.00 p.m., E &F
14 February 1948
/111. Order E/CONF.2/INF.152
Page 3
III. Order of the Day (E/CONF.2/OD.)
Document
Number Short Title Language
63 Programme of Meetings - Monday, 2 February 1948 E &F
64 Programme of Meetings - Tuesday, 3 February 1948 E &F
65 Programme of Meetings - Wednesday, 4 February 1948 E &F
66 Programme of Meetings -Thursday, 5 February 1948 E &F
67 Programme of Meetings - Friday, 6 February 1948 E &F
68 Programme of Meetings - Saturday, 7 February 1948 E &F
69 Programme of Meetings - Monday, 9 February 1948 E &F
70 Programme of Meetings - Tuesday, 10 February 1948 E &F
71 Programme of Meetings - Wednesday, 11 February 1948 E &F
72 Programme of Meetings - Thursday, 12 February 1948 E &F
73 Programme of Meetings - Friday, 13 February 1948 E &F
74 Programme of Meetings - Saturday, 14 February 1948 E &F
IV. Plenary Summary Records (E/CONF.2/SR.)
13 Summary Record of the Thirteenth Plenary Meeting E F
Held 4 February 1948 et 11.00 a.m.
V. Plenary Working Papers (E/CONF.2/W.)
15/Add.1 Tariff Committee and Committee on Economic Development E F
Note Submitted by the Pakistan Delegation
VI. General Committee Documents (E/CONF.2/BUR)
30 Agenda for Meeting to be Held on Monday, E &F
2 February 1948
31 Proposal Regarding the Composition of a Co-ordinating E F
Committee
VII. General Committee Summary Records (E/CONF.2/BUR/SR.)
10 Summary Record of Tenth Meeting - Held on Friday, E F
30 January 1948
11 Summary Record of Eleventh Meeting - Held on Monday, E F
2 February 1948
VIII. First Committee (Employment and Economic Activity)
Documents (E/CONF.2/C.1)
21 Communication Received from the Head of the E F
Norwegian Delegation
22 Agenda for Eleventh Meeting - To be Held on E &F
Monday, 9 February 1948
/VIII. First Committee E/CONF.2/INF.152
Page 4
VIII. First Committee (Employment and Economic Activity)
Documents (E/CONF.2/C.1)
Document
Number Short Title Language
22/Rev.1 Agenda for Eleventh Meeting - To be Held on E &F
Monday, 9 February 1948
IX. First Committee Summary Records (E/CONF.2/C.1/SR.)
11 Summary Record of the Eleventh Meeting - Held on E F
Monday, 9 February 1948
X. Second Committee (Economic Development) Documents (E/CONF.2/C.2)
29 Report of Sub-Committee B on Article 12 S
29/Corr.1 Report of Sub-Committee B on Article 12 S
only
29/Corr.2 . Report of Sub-Committee B on Article 12 E F S
35 Report of Sub-Committee D on Footnote to E F S
Chapter III on "Reconstruction"
36 Report of the Joint Sub-Committee of Committees II E F
37 Agenda for Twentieth Meeting -To be Held Monday, E F
16 February 1948
XI. Second Committee Summary Records (E/CONF.2/C.2/SR.)
18 Summary Record of Eighteenth Meeting - Held E F
on Thursday, 29 January 1948
19 Compte Rendu Analytique de la Dix-Neuvieme Seance - F
Tenue le 30 janvier 1948
XII. Sub-Committee C of Second Committee (Articles 13 and 14)
Documents (E/CONF.2/C.2/C)
Agenda for Eleventh Meeting to be Held E &F
7 February 1948 at 6.00 p.m.
XIII. Sub-Committee C of Second Committee Working Papers (E/CONF.2/C.2/C/W.)
10 Interim Procedure for Dealing with Protective E F
Measures for Development Purposes - Amendments to
Text of Article 14 (1)
11 Notes on Eleventh Meeting - Held on Saturday, E F
7 February 1948
11/Corr.1 Corrigendum to Notes on the Eleventh Meeting E
12 Notes on the Twelfth Meeting - Held on Monday, E F
9 February 1948
/XIV. Sub-Committee D E/CONF.2/INF.152
Page 5
XIV. Sub-Committee D of Second Committee (Footnote to Chapter III on
"Reconstruction") Documents (E/CONF.2/C.2/D)
Document .. .. .
Number Short Title Language
3 Report of Sub-Committee D on Footnote to E F S
Chapter III on "Reconstruction"
,. Joint Sub-Committee of Second and Third Committees (Tariff Preferences)
Dcu.ents JEICW.2/C./A)
13 Draft Revision of Article 42 E F
13/Corr.l &orr&Fendum to Draft Revision ofArticle 42 E
13/Rev.1 Draft Revision of Article 42 E F
XVI. Joint Sub-Committee of Second and Sixth Committees
Do..;ent(E/C. 2I~26A
Egenda for TwEAty-third Meeting - To be Held B &F
Saturday, 24 January 1948
18 Agenda for Twenty-fourth Meeting - To be Held E &F
3 February 1948
CombMne&Meet Fg of Sub-Committee A of Committee III, E
Sub-Committee D of Committee VI and the Joint
Sub-Committee of Committees II and VI
20 Agenda for FirstEMeFting of Sub-Committee A of B &
Committee III- Sub-Committee D of Committee VI
and the Joint Sub-Committee of Committees II and VI
21 Aged for Twenty-fiEth Meeting to be held on B &F
5 Febr7 1948 at 3 p.m.
22 Summary Record of First Meeting - Held on E F
3 February 1948
m2/C ohe S ma Corrigen ut-t Su mary Record of the FirstiMeting E -;
22/mCorr.2 Corrcgendu to the Summary Reoord Ff the First Meeting P
23 Agenda for Twenty-sixth Meeting - Held Saturday, E &F
7 February 1948 -
24- Agday'-for-wenty & Fenth Meeting Held Tues6O E
OFearuory 1948
xv.iJo Sub0Commitee of Second ans Sixth Committees Wcrking Papera
(E/CONF.2/C.2&6/A/W.)
29 Draft Report of JoInt EubECommittee of Committees -I B 7 S
-nV on Articles 9, 10 and 11
29/AddEl Draft Report of Joint SuE-Committee of Committees II B F
anr VI or Articles 9, 10 and 11
/29/Rev.1 E/CONF.2/INF.152
Page 6 -
XVII. Joint Sub-Committee of Sec nd andmSmmxtteestWwrking Ppoh Co=apers
(E/CONF.2/C.2&6/A/W.) ,.
Document
Number Short Title Language
29/Rev.l Revised Draft Report of Joint Sub-Committes of E F
Conmitteos I and VI on Articles 9, 10 and 11
30 Notes on Twenty-Fourth Meeting - Held on E F
3 February 1948 at 3.00 p.m.
31 F Notes on Twenty-Yifth Meeting - Held on E F
6 February 1948 at 10.30 a.m.
32 Notee on Twenty-Sixth Maeting - Held on E F
r Febr.uary 1948 at 3.00 pm.
33 Notes on Twenty-Seventh Meeting -HeldEon S F
11 February 1948 at 3.00 p.m.
XVII(r Therc Comittee uCommu/rial Policy) Doczments
(E/CONF.2/C.3)
6/Add
8
8/Add
9/Add
11
37
38/Co
38/Adx
.2/Rev
38/Add
38/Add
41
42
43
44
Draft Charter - Ecuador: Proposed Amendment
Revised Anntr , Aatedgenda for Chapter IV: Section C
Addendum to Annotated Agenda, Chapter IV. Section C
Revised Text Proposed by the Delegation of Cuba
Artil--231cl
Revised Annotated Agenda for Chapter IV. Section F
Report of Ilb-CSunittmm D on Artic'es 4l, 41an 43
o Report to Cmiiteome III by Sub-Com rtteemi
heBelgirm: Amendment to the Report of Coubtmmitt
Belgium: RevipoC aseddAent to the Relert Po
Sub-Committee C
FrRnce:aAmLndueet to the BeporR of Sab-Couitteem C
Australia: Amendment to Article 33
Reporncef-t ok ng Partv 1 Cy.ernnng the Chilean
AmenraphtdmenProp sed ParagrE>I 9aph Artocle 32
Agee- fondaThirtmiviry-FMpntneeofi Cometteemi.II
-HrydTo be Held on 4 Februaryxr - 948
Repmiubof Smi-Comrzttee J (State Treding)
rtyndThirtyMeeL --SMeend listing mof Comittee III
Hard on 5arybr9480 1.m..30 10m.0 a.;.
E F Z
S
S
S
S
S only
E F
E F
F
E F
E F
. &F
E F S
E &F E/CONF.2/INF.152
Page 7
XVIII. Third Committe (Commercial Policy) Documents
Document
Number Short Title
45 Agenda for Thirty-Third Meeting of Committee III E & F
To be Held on 6 February 1948 .
46 Article 43 E F
46/Corr.l Article 43 - Corrigendum E
46/Rev.1 Ameddea Proposal to Section f oh C apter-IV- E F
mubWitted by The Delegations of Uruguay, Argentina,
Ecuador and Guatemala
47 Argentina: Amendment to Chapter IV, Section D E F
(State Trading) of the Geneva Charter
48 Report of Working Party No. 2 Concerning the Chilean E F
Amendment to Paragraph 3 (b) of Article 34
Report of Working Party 4 on Interpretative Note E F
To Article 40
50 g A enda or-Thirty-Fourth Meeting of Committee III E F
Held on 9 February 1948 at 10.30 a.m.
51 Retorf omiSCb-mimn ttee'H' on sSubidies E F
5l/Co1r.l o Cmrrigemduz to Repoot mfiSubmCinm ttee' H';on E F
Subsesis-
52 Report of Worgino Parto Nc. 3 on Paragraph 1 (a) E F
of Article 40
- Agen darfoTiirty- hyFifthe ietmnf oemmonIettseIll' E F
H Fdco3 Fy Tebrya17 0948 a0 1o.30 a.m.
,4 Sub Co-m tteeSub Er(A-ticles 20 and 22) E F
Reporf om SCb-momait ee'E tommIIIittIII11U
r e dar oz-Thirty-Sixth and ThirSy-eethnge Mbegsns E & F
ofmConmittee IIIHe ebld 1e Fbbru a9y1048 1t.20,30 a.m.
an. 3,00 p.m.
Age da.for the Ttirhy-Sethngb Meegin- Heln Ea&F F
lb February 1948 at 3.30 p.m.
ma: -chird Committee umryReeords ~bi+
(E/CtF2 C.3 SR
30 Su~mary Record of the Thirt E F Meeting - Held on
31 January 1948 at 10.30 a.m.
1 Sumeary Record of the-Thirty-First Meeting - Held E F
on 4 February 1948 at 3.00 p.m.
ma2 u 7ry Record of the-Thirty-Second Meeting E F
Held on 5.February 1948 at 10,30 a.m.
/33 Page 8
XIX. Third Committee Summary Records
(E/CONF.2/C.3/SR.)
Document
Number Short Title Language
33 Summary Record of the Thirty-Third Meeting E F
Held on 6 February 1948 at 10.30 a.m.
33/Corr.1 Corrigendum to Summary Record of Thirty-Third E F
Meeting
34 Summary Record of the Thirty-Fourth Meeting E F
Held on 9 February 1948 at 10.30 a.m.
34/Corr.1 Corrigendum to Summary Record of Thirty-Fourth E F
Meeting
34/Corr.2 Corrigendum to Summary Record of the Thirty-Fourth E F
Meeting
34/Corr.3 Corrigendum to Summary Record of the Thirty-Fourth E & F
Meeting
35 Summary Record of the Thirty-Fifth Meeting E
Held on 13 February 1948 at 10.30 a.m.
XX. Sub-Committee A of Third Committee (Articles 16-19)
(Documents (E/CONF.2/C .3/A)
21 Note by the Chairman of Committee II, the Acting E F
Chairman of Committee III, and the Chairman of
Committee VI
22 Agenda for First Meeting to be Held on E & F
3 February 1948
23 Joint Meeting of the Joint Sub-Committee of the E F
Second and Sixth Committees, Sub-Committee A of
the Third Committee and Sub-Committee D of the
Sixth Committee - Summary of First Meeting Held
3 February 1948 at 6.00 p.m.
23/Corr.1 Corrigendum to the Summary Record of the First E F
Meeting -Held on Tuesday, 3 February 1948 at 6.00 p.m.
23/Corr.2 Corrigendum to the Summary Record of the First E F
Meeting
24 Agenda for Thirty-Third Meeting - Held on E & F
9 February 1948 at 3.00 p.m.
24/Corr.1 Corrigendum to Agenda for Thirty-Third Meeting E & F
25 Agenda for Thirty-Fourth Meeting - Held on E & F
10 February 1948 at 6.00 p.m.
26 Agenda for Thirty-Fifth Meeting - Held on E & F
11 February 1948 at 3.00 p.m.
/27 E/CONF.2/INF.152
Page 9
XX. Sub-Committee A of Third Committee (Articles 16-19)
Documents (E/CONF.2/C.3/A)
Document
Number Short Title
27 Agenda for Thirty-Sixth Meeting - Held on E& F
14 February 1948
28 Agenda for Thirty-Seventh Meeting - Held on E & F
16 February 1948 at 10.30 a.m.
XXI. Sub-Committee A of Third Committee Working Papers
(E/CONF.2/C.3/A/W.)
45/Corr.1 Corrigendum to Notes of Thirtieth Meeting E & F
46 Notes of Thirty-First Meeting - Held on E F
29 January 1948 at 3.00 p.m.
47 Reports of Working Party 3 (Article 18) and E F
Working Party 4 (Article 19)
48 Notesoon Thirty-Second Meeting - Held on E F
30 January 1948 at 3.00 p.m.
49 Notes of Thirty-Third Meeting - Held on E F
9 February 1948 at 10.30 a.m.
50 Notes of Thirty-Fourth Meeting - Held on E F
10 February 1948 at 6.00 p.m.
51 Notes of Thirty-Fifth Meeting - Held on E F
11 February 1948 at 3.00 p.m.
52 Draft Report of Sub-Committee A(Articles 16, 17, E F
52/Corr.1 Corrigendum to Draft Report of Sub-Committee A E
(Articles 16, 17, 18, 19)
XXII. Sub-Committee D of Third Committee (Articles 40-43)
Working Papers (E/CONF.2/C.3/D/W.)
12 Sub-Committe D (Articles 49, 41 and 43) - Draft Report S
XXIII. Sub-Committee E of Third Committee (Articles 20 and 22)
Document (E/CONF.2/C.3/E)
10 Agenda for Ninth Meeting - Held on 9 February 1948 E F
at 3.00 p.m.
11 Agenda for Tenth Meeting - Held on 10 February 1948 E F
at 10.30 a.m.
12 Agenda for the Eleventh Meeting, Held on 12 February E & F
1948 at 3.00 p.m.
/XXIV. Sub-Committee E E/CONF.2/INF.152 Page 10
XXIV. Sub-Committee E of Third Committee Working Papers
(E/CONF.2/C .3/E/W.)
Document
Number Short Title Language
16 Report of Working Party No. 6 on Item 24 E F
(Geneva Draft Note)
17 Report of Working Party No. 8 E F
18 Report of Working Party No. 1 on Article 20 (2) (c) E F
19 Report of Working Party No. 9 on Items 55 and 57 E F
(India) and 56 (Czechoslovakia)
20 Notes on the Tenth Meeting - Held on 10 February E F
1948 at 10.30 a.m.
21 Notes on the Ninth Meeting - Held on E F
9 February 1948 at 3.00 p.m.
22 Draft Report of Sub-Committee E to Committee III E F S
23 Notes on the Eleventh Meeting - Held on E F
12 February at 3.00 p.m.
XXV. Sub-Committee F of Third Committee (Articles 21, 23 and 24)
Documents (E/CONF.2/C.3/F)
10 Agenda of Tenth Meeting - Held on 6 February 1948 E & F
at 6.00 p.m.
11 Agenda for Eleventh Meeting - Held on 9 February 1948 E & F
XXVI. Sub-Committee F of Third Committee Working Papers
(E/CONF.2/C.3/F/W.)
20/Corr.1 Corrigendum to the Notes on Ninth Meeting E& F
21 Report of Informal Working Party on Article 21 E F
22 Report of Working Party on Article 24 E F
23 New Zealand: Proposal on Article 21 E F
24 Brazil: Proposal on Article 21 E F
25 Notes on Tenth Meeting - 6 February 1948 at 6.00 p.m. E F
26 Notes on Eleventh Meeting - Held on 9 February 1948 E F
at 3.00 p.m.
27 Draft Text of Articles 21 and 24 as Approved E F
at the Tenth Meeting
28 Draft Report to Committee III on Article 21 E F
/XXVII. Sub-Committee G E/CONF.2/INF.152
Page 11
XXII. Sub-Committee G of Third Committee (Swiss Proposal)
Documents (E/CONF. 2/C.3/G)
Document
Number Short Title
9 Agenda Eighth Meeting - Held on 4 February 1948 E&F
at 6.00 p.m.
XXVIII. Sub-Committee G of Third Committee Working Papers
(E/CONF.2/C.3/G/W.)
8 Notes on the Eighth Meeting - Held on 4 February 1948 E F
at 6.00 p.m.
XXIX. Sub-Committee H of Third Committee (Subsidies) Documents
(E/CONF.2/C.3/H)
6 Report of Working Party E F
7 Agenda for the Sixth Meeting - Held on E & F
10 February 1948 at 3.00 p.m.
8 Agenda for Seventh Meeting -Held on 11 February 1948 E F
at 10.30 a.m.
9 Draft Report of Sub-Committee 'H' E F
10 Agenda for Eigth Meeting - Held on 12 February 1948 E & F
at 10.30 a.m.
XXX. Sub-Committee H of Third Committee Working Papers
(E/CONF.2/C.3/H/W.)
7 Notes of Sixth Meeting - Held on 10 February 1948 E F
at 6.00 p.m.
8 Notes of Seventh Meeting - Held on 11 February 1948 E F
at 10.30 a.m.
Notes of Eighth Meeting - Held on 12 February 1948 E F
at 10.30 a.m.
XXXI. Sub-Committee J of Third Committee (State Trading)
Documents (E/CONF.2/C.3/J)
8 Agenda for Seventh Meeting - Held on 3 February 1948 E&F
at 10.30 a.m.
XXXII. Sub-Committee J of Third Committee Working Papers
(E/CONF.2/C.3/J/W.)
6 Notes on Sixth Meeting -Held on 29 January 1948 E F
at 6.00 p.m.
7 Draft Report E F
8 Notes on Seventh Meeting - Held on 3 February 1948 E F
/XXXIII. Fourth Committee E/CONF.2/INF.152 Page 12
XXXIII. Fourth Committee (Restrictive Business Practices)
Documents (E/CONF.2/C.4)
Document
Number Short Title Language
17 Agenda for Thirteenth Meeting -Held on E F
4 February 1948 at 10.30 a.m.
17/Rev.1 Agenda for Thirteenth Meeting - Held on E F
5 February 1948 at 10.30 a.m.
XXXIV. Fourth Committee Summary Records (E/CONF.2/C.4/SR.)
13 Summary Record of the Thirteenth Meeting E F
Held on 5 February 1948 at 10.30 a.m.
XXXV. Fifth Committee (Inter-Governmental Commodity Agrements)
Documents (E/CONF.2/C.5)
17 Agenda for Fifteenth Meeting - Held on 7 February 1948 E F
XXXVI. Sixth Committee (Organization) Documents (E/CONF.2/C.6)
48/Rev.1 Draft Report of Cttee. J on Articles 95, 96, 98,
48/Rev.1/Add.1/
Corr.1
48/Rev.1/Add.2
48/Rev.1/Add.3
49/Rev.1
52
53
53/Corr.1
55
99 and 100
Addendum to Interim Report of Sub-Committee J
on Articles 95, 96, 98 99 and 100 - Belgium:
Amendment to Article 98, Paragraph 2
Addendum to the Interim Report of Sub-Committee J
on ArticLes 95, 96, 98, 99 and 100
Addendum to Report of Sub-Committee on Articles
95, 96, 98, 99 and 100
Addendum to Report of Sub-Committee J on Articles
95, 96, 98, 99 and 100 - Note by the United Kingdom
Delegation
Notification by the Sub-Committee on Chapter VIII to
Committees and Other Sub-Committees of the Conference
Text of Articles 71 end 73 as Approved on Second
Reading
Report of Sub-Committee Charged with Examination
of Article 75
Corrigendum to Report of the Sub-Committee on
Article 75 (Document (E/CONF.2/C.6/53)
Report of Sub-Committee on Paragraph 5 of
Article 68
S
E only
E F
E F
S
S
E &F
S
/56 E/CONF. 2/INF.152
Page 13
XXXVI. Sixth Committee (Organisation)Documents (E/CONF.2/C.6)
Short Title
Texts of Paragraphs 1, 2
Articles 76, 77, 79, 82,
as Approved by the Sixth
Reading
and 3 of Article 68
84, 85, 86, 87 and 88
Committee on Second
Report of the Sub-Committee on Article 69,
Paragraph 2
Corrigendum to the Report of the Sub-Committee
on Article 69, Paragraph 2
Agenda for Twenty-Fourth Meeting - Held Tuesday,
3 February 1948 at 3.00 p.m.
Texts of Peragraph 5 of Articls 68, Article 72,
Article 80 as Approved on Second Reading
Combined Meeting of Sub-Committee A of Committee III,
Sub-Committee D of Committee VI and the Joint
Sub-Committee of Committees I and VI - Note by
the Chairmen
Sub-Committee A of Committee IIl, Sub-Committee D
of Committee VI and Joint Sub-Committee of
Committees VI and VI - Agenda for First MeetIng -
Held Tuesday, 3 February 1948, 6.00 p.m.
Notification to Other Committees of the Conference
Agenda for the Twenty-Fifth Meeting - Held
Thursday, 5 February 1948, 3.00 p.m.
Joint Meeting of Joint Sub-Committees of II
and VI Committees - Summary Record of the
First Meeting - Held Tuesday, 3 February 1948,
at 6.00 p.m.
Corrigendum to Summary Record of First Meeting
2 Corrigendum au compte rendu analytique de la
Premire Seance
Text of Article 95 (Amendments) as Appraved on
Second Reading
Agenda for the Twenty-Sixth Meeting - Held
6 February 1948 at 3.00 p.m.
Texts of Articles 96 (Review of the Charter) and
97 (Withdrawal and Termination) as Approved on
Second Reading
EF S
E
E F
E F S
E &F
E F
E F
F only
E F S
E &F
E F S
/69
S.
Document
Number
56
58
58/Corr.1
59
60
62
63
64
only
65
65/Corr.1
65/Corr.2
66
67
68 D '6
Document
Nb'n~r Short Title
69 Agenda for the Twenty-Seventh Meeting- HFld E &V
12 February 1948, 10.30 a.m.
70 Note by the Secretariat - Re: Date of Accepting E F
Charter
71 Note by the Secretariat E F
72 Reomrt of Joint Sub-CIImittee of Committees 11 E F
and VI on Articles 9, 10, and 11
73 Agenda for the Twenty-Fighth Meeting - Held E F
13 February 1948, at 3.00 p.m.
74 Report of the Sub-Committee on Paragraph 2 of E F
Article 83 - Text of Paragraph 2 as Agreed by the
Sub-Committee
ttee Summary ReCsrieteENFONF.. /.o/Sorda (3/Cd0.F2/CL6sR.)
23 Summary Record ofnTwenty-Third MeetiEgE- Held 3 F
Monday, 2 February 1948, 10.30 a.m.
24 Summary-Record oninwenty-Fourth Meeti:g - Held E F
Tuesday, 3 February 1948, 3.00 p.m.
ar25 SUa Recof Twenty-Fifth Meeting - Held E F
Thursday, 5 February 1948, 3.00 p.m.
25/CCorri ary rgenauy to Summer, Recoy- of Twent&FFifth &F E a
Meeting
26 Summar wecord of-T-enty-Sixth Meeting Feld F E P
Friday, 6 February 1948, 3.00 p.m.
26/Corr.l Corrigendum to Summary Record of Twenty-Sixth E &F
Meeting
27 Summary Record of Twenty-Senenth MeetiEg - Held E F F
Thursday, 12 February 1948 at 3.00 p.m.
28 Summary Recertyof Tw-nHe-Eighth-MHeting Fald E
Friday, 13 February 1948 at 3.00 p.m.
XXetI. SimxtgeeomorkingWONFkin PEpeONF.(3/C0 .W2/C. 6/.)
81 Sub-Committee on Chapter VIII - (Proposal by the E F
Delegation of United States for Resolution to Meet
Observations of Delegation of France on Article 91
(DocumONt E/CICF.2/C.6/W.73))
82 Sub-Committee on Chapter VIII - Notes on Twelfth E F
Meeting - Held 31 January 1948, 10.30 a.m.
/83 E/CONF.2/INF.152
Page 15
~~~ea.
Dtcumen
Number Short Title
83Sub Co - teeit oi Art-cl- 91 Notehby tme mhair an E F
84 Sub-Committee on Chapter VIII - Notes on Thirteenth E F
MeHtiHg - Reld 2 February 1948 at 3.00 p.m.
8-- mmb.Cormittee J on Articles 95, 96, 98, 99 andE10E - 2 F
Notes on ElevMnth -ee-ing 3eld r Frbruaxy 1948
at 6.00 p.m.
85/Corr.1 Corrigendum o otes.of Eleventh Meeting - HeldE only
3 Februa4y 1908 0t 6.m0 p.M.
86 Smiimub-ott C on.Chapter -INI o on Fes =exourteEth F
neetlzg - Held 4 February 1948, 10.30 a.m.
87 Sub-Committee J on Articles 95, 96, 98, 99 and 100 - E F
Notes onTwelfth Meeting.- Held 4 February 1948
00 6,oo p.m.
88 Sub-Committee J on Articles 95, 96, 98, 99 andE10E - B F
New Zealand: Proposed Amendment to Article 68 (5)
39 Working Party to Consider the Question of an E F
Interim Commission for the International Trade
Organization - Site of Interim Commission
90 Sub-Committee J tn Ar5ic5es 9,, 96, 98 , 99 and100 - E F
Notes on Thirteenth Meeting - Held 5 February 1948
at 10.30 a.m.
91 Sub-Committee on Chapter VIII - Proposed AeendmEntE H F
by the Delegation of the United States to Report to
Working Party
Sub-Committee on Chapter VIII - Notes on Fourteenth E F
-et-nge H ld 6 February8 9400a006..o pim.
93 Sub-Committee J on Articles 95 to 100 - Notes of E F
Fourteenth Meeting - Held 7 February 1948 at
6,00 p.m.
91/Corr.7 Corrigendum to Notes of Fourteenth Meeting E &F
94 Sub-Committee on Paragraphs 1 and 2 rf A8ti8le 63 - E F
Compromise Text Suggested by thpresateaent6tive
of Prance
95 Sub-Committee I - Notes of the Fifth MeetinH - EelE H F
7 February 1948 at 3.00 p.m.
96 Sub-Committee on Article 1 -Nooes cn FirsttMeeEinE - H F
Held 10 February 1948 at 6.00 p.m.
Cummieo=ettec on Article 1 - Notes on Second Meeting E F
.eld 11 February 1948 at 10.30 a.m.
/98 E/CONF.2/INF.152
Page 16
Document
Number Short Title Language
98 Working Party to Consider the Question of an Interim E F
Commission for the International Trade Organization -
Notes on Fourth Meeting - Held 13 February 1948 at
10.30 a.m.
98/Corr.1 Corrigendum - Working Party to Consider the Question E F
of an Interim Commission for the International Trade
Organization.
99 Report of Working Party 4 of Sub-Committee G - E F
Articles 91 and 92
XXXIX . Gentral Drafting Committee Documents (E/CONF.2/C.8)
3 Proposed Redraft of the Final Text of Chapter VI E &F
3/Corr.1 Corrigendum - Proposed Redraft of the Final Text of E &F
Chapter VI |
|
GATT Library | dp898vv8419 | Czechoslovak proposal. Chapter III - observers | August 17, 1948 | 17/08/1948 | official documents | GATT/CP.2/W.1 and GATT/CP.2/W.1-W.14 CP.2/W.1/Rev.1,CP.2/W.9/Corr.1,W.9/Add.1 | https://exhibits.stanford.edu/gatt/catalog/dp898vv8419 | dp898vv8419_91870451.xml | GATT_145 | 96 | 693 | RESTRICTED
GATT/CP.2/W.1
17 August 1948
ORIGINAL: ENGLISH
CZECHOSLOVAK PROPOSAL
_____________________
CHAPTER III - OBSERVERS.
-----------____---------
RULE 7.
Governments invited to the International
Conference on Trade and Employment at Havana may
attend meetings in the capacity of observers.
RULE 8.
Representatives of the United Nations of
the Specialized Agencies in relationship with the
United Nations and of non-governmental organizations
granted consultative status by the Economic and
Social Council may attend meetings of the
Contracting parties in the same way and with the
same rights and privileges as are accorded to them by
the Economic and Social Council. |
|
GATT Library | vw570yc2514 | Czechoslovakia: observations concerning the draft report of the Sub-Committee on the note on reconstruction in chapter III of the draft charter (E/CONF.2/C.2/D/W.1) | United Nations Conference on Trade and Employment, January 17, 1948 | Second Committee: Economic Development | 17/01/1948 | official documents | E/CONF.2/C.2/D/W.3, E/CONF.2/C.2/D/W.1-3, C.23/A/W.1-3, and C.26/A/W.1-29 | https://exhibits.stanford.edu/gatt/catalog/vw570yc2514 | vw570yc2514_90180338.xml | GATT_145 | 1,251 | 8,731 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/D/W.3
ON DU 17 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITEE: ECONOMIC DEVELOPMENT
0ZECHOSLOVAKIA: OBSERVATIONS CONCERNING THE DRAFT REPORT
OF THE SUB-COMMITTEE ON THE NOTE ON RECONSTRUCTION
IN CHAPTER III OF THE DRAFT CHAPTER (E/CONF.2/C.2/D/W.1)
The Czechoslovak Delegation fully supports the observations submitted
by the Delegations of Belgium, Luxembourg and the Netherlands in document
E /CONF.2/C.2/D/W.2.
In the view of the Czechoslovak Delegation it is necessary not only to
respect the needs of countries which as yet are not fully developed, but
also of countries which suffered damage during the war either through direct
enemy action, or through enemy occupation or through the war effort.
In this connection it seems appropriate to drew the attention of the
Conference to the fact that there are some countries which due to the war
effort have either enormously extended their industrial potential or piled
up considerable monetary reserves. On the other hand, and that concerns
especially European countries, there are whole regions whose physical
industrial potential has been either destroyed, or whose monetary reserves
have been depleted to such an extent, that their economy cannot be
reorganized without outside help.
The Czechoslovak Delegation is not of the opinion that war damage is
identical with damage due to calamities, like earthquakes, fires etc.,
because war damage in the economic sense means not only actual physical
destruction, but dislocation of economic organization, depletion of monetary
reserves etc.
For this reason the Czechoslovak Delegation suggests that, wherever
Chapter III of the Charter mentions Economic or Industrial Development,
reconstruction is being mentioned as well, but also that wherever
underdeveloped countries are being mentioned, the term "war devastated
countries" be used as well. SECOND COMMITTEE: ECONOMIC DEVELOPMENTLOPiM
DEPOREPOF THE ORAFOCFT RT ESUB MMTHE -CTEE ON FOOTNOTE TO
"RECONSTRUCTION"ETIAPTO I"IEI RUCTION"
1 At the sixteenth meeting of Committee II the Chairman appointed a
sub-comttee composed of represelLntative of Australia, Salvador, France,
inmco, Pnoland and, tn UotnKiudo with terms of reference as follows:
"to examine and submit recommendations concerning the footnote to Chapter III
on reconstruction' attoppearing at the bomtof page 12 of the Draft Charter"
C.ONF.2}C/0 SD 1
2. ThuSab-omittee held two meetingsJanuary on 3 and 13 uany 1948.
Mr. C.No-Oaof Mexico, was appointed Chairman.
3 It as noted that the ndmiscussion inmrmttee II had been mainly
concerned with the draftting bypoint raised the delegation of the
m UniteiKtodcm ho had proposed the deletion of the footnote to Chapter III
jich occurred on phe English jage 12 of tP4lish text of the Geneva draft; but that
the delegate for ElSalvador had also raised the question of substance,
whether economic development and reconstruction should be treated on the
same footing for theer II purposes of ChaptI MI.
4. The majority of the sub-committee were of the opinion that in view of
the size and c-comomposition of the submittee, its terms of reference should
be interpreted to include the drafting question only. The delegates for
Mexico and ElSalvador, however, were of the opinion that the sub-committee
should df substance eal with the point obstsncaa tnee also, and in thisonectionethn
delegate for Mexico proposed that a new Article should be added at the end
of the Chapter stating that a thse problem of reconstruction waeof a
transitory nature it should be treated on the same terms as the problem of
development during a limited period only. The delegate of Chile, who was
not a member of the sub-momn, associated himself with this view.
5 As regards the draftinumng question, on which a rer of suggestions had
ee been put forwomard inmmitottee II, the ub-c-mittee after discussion decided
lito adopt a , namely, to proposal of the Poh delegateaely, to delete the word
"recChapter onstruction" wherever it occurred in hanter III i.e. in Articles 9, 13, 14
and 15 and to insert a new Article at the end of Chapter III. This Article,
to num-t ed provisionally, 15 A, reads as follows:
3251 /"Members - 2 -
"Members recognize that the factors mentioned in Chapter III of the
Chapter, which will contribute to economic development, will also
contribute to reconstruction and that reconstruction of devastated or
depleted areas will have the benefits set out in Article 8 of the
Charter. Accordingly, the rights and obligations of Members and the
functions of the Organization under Chapter III of the Charter apply
to reconstruction as well as to economic development."
It was also decided. to leave the problem of a title for the new Article,
to the Central Drafting Committee.
6. The Changes in the Geneva Draft of the Charter resulting from the
decision cited in paragraph 5 above are listed in the Annex. -3-
The decision to delete the word "reconstruction" from Chapter III of the
Geneva text affects Articles 9, 13, 14 and 15 in the following way:*
Article 9
"Members shall....take action ...designed progressiveJy to develop
[and where necessary to reconstruct.] industrial and other economic
resources....."
Article 13
Pagraraph 1
"The Members recognize that special governmental assistance may be
required to promote the establishment or development
[or reconstruction] of particular industries ......................."
Article 13
Paragraph 2 (a)
"If a Member in the interest of its programme of economic development
fr reconstruction considers it desirable to adopt any
non-discriminatory measure................................................." . ......................................
Article 13
Paragraph 2 (c)
'The Organization.....shall in its examination have regard to the
considerations presented by the applicant Member and its stage of
economic development [or reconstructlon], to the views presented by
......................"Members ................ ... .....".........
Article U
Para a 4 Cc
"ife.-ethe shoul...d be an increase ................. ..he
importations edof the product ......or products concern............... .
so substantial as to jeopardize the plans of the applicant Member
for teconstruction] he establishment or develo[or nt 'rnction of the
industri...."es concerned..............................
Article 14
Paragraph 1
"Aitember may maintain any non-discriminatory protective measure
which has been imposed for the establishment or development
rLrr.econstru../......"/./.ction of particular industries .....
Article 15
paranh I
ircumstances may justify newb"*e b-mber thnize tat special circs ees Junewfy w
add
/preferential -4-
preferential arrangement between two or more countries, not
contemplating a customs union, in the interest of the programmes
of economic development [or reconstruction] of one or more such
countries............................." Subject: DRAFT MM IIT OF SUB-COMMITTEE D OF COMMITTEE II ON gl o lv lO
rO0TtI0-r'l ER III ON "RECONSTRUCTIONS"
To: Member of Sub-Committee"
From: Secretary
(1) Annexed I draft root of Sub-Committee D on Footnote to
Chapter IIII O "Reconstruction". i accordance with the decision
of the Sub-Committe on 28 eJanuary this draft roort is presented
for yoiur approval. Should t be approved by all Members of the
Sub-Committee, it will not be nemeeting tcessary for anotheraothcx mcstig to be
hld.
hads(2lready ;een l) You vin note thai;xtilo 8-4 cybem approved by
Committee II. However paragraphs 2 and 3 of Article 10 have not
yet been approved by Te Joint Sub-Committeesof Committees II and
VIa. Should they be approved in a substntially different form or
should a new issue arise, then it would be necessary to amend this
draft report accordingly and enew draft would be submitted to you.
In thedra absence ofi supch veicmtnoaa this ft report, f aproed,
will be formally presented to Committee II as soon as the Joint
Suhb-Committee of Comittees II aud VI as approved its report. In
the ue~tiwill etaft report, if approved, uM be nformally
communicated to the Central Drafting Committee so that they may givegSI'
nsider appropriate.I asideratitiowhnec veh thoyconsiderosite.
ceU mtjns
3..l
* ....
9~~~~~. |
GATT Library | sg146cc4811 | Czechoslovakia: proposed Amendment | United Nations Conference on Trade and Employment, January 15, 1948 | Third Committee: Commercial Policy and Sub-Committee F (Articles 21, 23 and 24) | 15/01/1948 | official documents | E/CONF.2/C.3/F/W.14 and E/CONF.2/C.3/F/W.1-31/REV.2 | https://exhibits.stanford.edu/gatt/catalog/sg146cc4811 | sg146cc4811_90190575.xml | GATT_145 | 589 | 3,867 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.3/F/
ON DU 15 January 1948 W.14
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
ORIGINAL: ENGLISH
THIRD COMMITTEE : COMMERCIAL POLICY
SUB-COMMITTEE F (ARTICLES 21, 23 AND 24)
CZDCHOSLOVAKIA: PROPOSED AMENDMENT
ARTICLE 23
EXCEPTION TO THE RULE OF NON-DISCRIMINATION
1. (a) It is recognized that Members applying restrictions under Article 21
may be able to overcome their difficulties earlier and better by applying
them in a discriminatory manner and to increase the volume of their
mutual trade in order to raise or to maintain their level of production
or productive employment, if permitted to depart from the provisions of
Article 22. The Members also recognize the need for close limitation
of such departures so as not to handicap achievement of multilateral
international trade.
(b) Accordinly, a Member applying import restrictions under Article 21
may relax such restrictions in a manner which departs from the provisions
of Article 22 to the extent necessary to obtain a higher level of
production to productive employment or higher volume of trade as compared
with that which it could afford in the light of the requirements of
paragraph 2 of Article 21 if its restrictions were fully consistent with
Article 22, provided that such action does not cause unnecessary damage
to the commercial or economic interests of any other Member.
(i) delete
(ii) delete
(iii) delete
(c) delete
(d) delete
2. Any Member taking action under paragraph 1 of this Article shall inform
the Organization of the reasons on which its action is based and shall at the
end of every year provide the Organization with a report on the results of
its action.
.3 (a) Not later than 1 March 1952 (five years after the date on which the
Internatonal Monetary Fund began operations) and in each year thereafter,
any Member maintaining or proposing to institute action under paragraph 1
of this Article shall seek the approval of the Organization, which shall
thereupon determine whether the circumstances of the Member Justify the
/maintenance or E/CONF. 2/C.3/F/W.14
Page 2
maintenance or institution of action by it under paragraph 1 of this
Article. After 1 March 1952 no Member shall maintain or institute such
action without determination by the Organization that the Member's
circumstances justify the maintenance or institution of such action.
(b) (No change)
(c) Not later than 1 March 1950, and in each year thereafter so long as
any Members are taking action under paragraph 1 of this Article, the
Organization shall report on the action still taken by Members, under
that paragraph. On or about 1 March 1952, and in each year thereafter
so long as any Members are taking action under paragraph 1 of this Article,
and at such times thereafter as the Organization may decide, the
Organization shall review the question of whether the restrictions imposed
have the effects required under paragraph 1 of this Article. If, as a
result of any such review the Organization after consultation with the
Members comes to the conclusion that the requirements of paragraph 1 of
this Article are not fulfilled, the provisions applied by a Member under
paragraph 1 of this Article shall be suspended and all actions authorized
thereunder shall cease six months after such determination.
4. (No change).
5. The provisions of this Saction shall not preclude:
(a) restrictions with equivalent effect to the Articles of Agreement of
the International Monetary Fund; or
(b) restrictions under the preferential arrangements provided for in
Annex A of this Charter, subject to the conditions set forth therein. |
GATT Library | gr642yq7639 | Decision concerning the formation of a customs union between France and Italy | General Agreement on Tariffs and Trade, March 19, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 19/03/1948 | official documents | GATT/1/49 and GATT/1/47-57+47/Rev.1 53/Add.1,2 | https://exhibits.stanford.edu/gatt/catalog/gr642yq7639 | gr642yq7639_90310327.xml | GATT_145 | 712 | 4,451 | GATT/1/49
19 March 1948
ORIGINAL: ENGLISH
GERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTING PARTIES
DECISION CONCERNING THE FORMATION OF A CUTOMS
UNION BETWEEN FRANCE AND ITALY
The CONTRACTING PARTIES decide in terms of paragraph 5 of Article XXV
that the provisions of the General Agreement on Tariffs and Trade shall not
prevent the establishment of a customs union or interim agreement for a
customs union between France and Italy which union or agreement conforms to
the following requirements:
1. The provisions of the General Agreement shall not therefore be
construed to prevent as between the terr_..torics of the two parties
the formation of a customs union or the adoption of an interim
agreement necessary for the formation of a customs union; Provided, that:
(a) The duties end other regulations of commerce imposed at the
institution of any such union or interim agreement in respect
of trade with contracting parties shall not on the wholc be
higher or more restrictive than the general incidence of the
duties and regulations of commerce applicable in the
constituent territorics prior to the fonation of such union
or tho adoption of such interim agreemnt, as the case my be;
(b) Any interim agreement referred to in sub-paragraph (a) above
shall include a plan and schedule for the attainment of such
a customs union within a reasonable length of time.
2. If in fulfilling the requirements of sub-paragraph 1 (a), a
contracting party proposes to increase any rate of duty inconsistently
with the provisions of Article I1: of this Agreement, the procedure set
forth in Article XXVI1 shall, apply. In providing for compensatory
adjustment, duo account shall be taken of the compensation already
afforded by thc reductions brought about in the covepcnding duty of the
other constitucnts of the union.
3. (a) The two parties, deciding to enter into a customs union or an
interim agreement leading to the formation of such a union, shall
promptly notify the CONTRACTING PARTIES and shall make available to
/them such GATT/1/49
Page 2
them such information regarding the proposed union as will enable them
to make such reports and recommedations to contracting parties as they
ma. deem appropriate.
(b) If, after having studied the plans and schedules provided for
in an- interim agreement under paragraph 1, in consultation with the
parties to that agreement and taking due account of the information made
available in accordance with the terms of sub-paragraph (a), the
CONTRATING PARTIES find that such agreement is not likely to result in
a customs union within the period contemplated byr the parties to the
agreement or that such period is not a reasonable one, the CONTRACTING
PARTEIS shall make recommendations to the parties to the agreement. I
the parties arc not prepared to modify- the agreement in accordance
with such recommendations they shall not maintain it in force or
institute such agreement if it has not yet been concluded.
(c) Any substantial change in the plan or schedule shall be
notified to tho CONTRACTING PARTIES which may request the two parties
concerned to consult with them if the change sees likely to jeopardize
or delay unduly the achievement of the customs union.
-. (a) A customs union shall be understood to mean the substitution
of a single customs territory for two or moro customs territories,
so that
(i) tariffs and other restrictive regulations of commerce (except,
where necessary, those permitted under Articles XI, XII, XIII,
XIV, XV, XX and XXI) are elIminated on substantially all the
trade between the constituent territories of the union or
at least on substantially all the trade -in products
originating in such territories and
(ii) substantially the same tariffs and other regulations of
commerce arc applied by cach of the member of the union
to the trade of territories net included in the union,
subject to the provisions of paragraph 5;
5. The proferences referred to in paragaph 2 of Article I of the
General Agreement shall not be affected by the constitution of
customs union but may be cliinated or adjusted by meano of negotiations
vith contracting parties effected. ThIs procedure of negotiations
with affected contracting partice shall in particular apply to the
elimination of preferences required to conform with the provisions
of sub-paragraph (a) (i) of paragraph 4. |
GATT Library | nb473gs5991 | Decision concerning the formation of a customs union between France and Italy | General Agreement on Tariffs and Trade, March 19, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 19/03/1948 | official documents | GATT/1/38/Rev.1 and GATT/1/29-46+38/Rev.1,40/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/nb473gs5991 | nb473gs5991_90310314.xml | GATT_145 | 128 | 836 | RESTRICTED GATT/1/38/Rev.1
19 march 1948
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTING PARTIES DECISION CONCERNING THE FORMATION OF A CUSTOMS UNION BETWEEN FRANCE AND ITALY
The CONTRACTING PARTIES decide,
In terms of paragraph 5 of Article XXV, that the limitation, to customs
unions, free-trade areas and interim agreements between
of contracting parites, of the exception for such provided
for in paragraph 5 of Article XXIV, as amended, of the General Agreement
on Tariffs and Trade, shall not apply to any customer union between France
and Italy in the event that Italy has not become a contracting party by
the time an arrangement in concluded, provided that any such
customs union or interim agreement shall conform to all the other
requirements of Article XXIV.
6457 |
GATT Library | cw316sv9760 | Declaration | General Agreement on Tariffs and Trade, March 19, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 19/03/1948 | official documents | GATT/1/50 and GATT/1/47-57+47/Rev.1 53/Add.1,2 | https://exhibits.stanford.edu/gatt/catalog/cw316sv9760 | cw316sv9760_90310328.xml | GATT_145 | 274 | 1,753 | RESTRICTED GATT/1/50
19 March 1948
ORIGIANL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONRACTING PARTIES
DECLARATION
The Governmensts of the Kingdom of Belgium, the United States of Brazil,
Burma, Canada, Ceylon,, the Republic of Chile, the Republac of Cuba,
the Franch Republic, India, Lebanon, the Grand-Duchy of Luxembourg, 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 Amrica
Taking Note of the provisions of sub-paragraph 2 (a) of Article XXIX
of the General Agreement on Tariffs and Trade, hereinafter referred to as
the General Agreement, whereby within sixty days of the closing of the
United Rations Conference on Trade and Employment any contracting party may
lodge with the other contracting parties an objection to any provision or
provisions of the General Agreement being suspended and superseded by the
corresponding provisions of the Havana Charter, on the day on which the
Charter comes into force,
Hereby Declare that they do not propose to lodge any such objection
to the suspension and supersession of paragraphs 1 and 2 of Article I and
Part I: of the General Agreement.
This Protocol shall becoms effective on this . . day of March 1948.
The original texts of this Protocol shall be deposited with the
Secretary-General of the United Nations, who is authorized to effect
registration thereof.
33 WITNESS WEREOF the respective representatives have siged the
present Protocol.
DONE at Havan, in a single copu, in the English and French languages,
both texts authentic, this ....... day of March 1948. |
GATT Library | gw569rz3031 | Definitive texts of documents to accompany the Final Act : Note by the Executive Secretary | United Nations Conference on Trade and Employment, March 13, 1948 | General Committee | 13/03/1948 | official documents | E/CONF.2/BUR/38, E/CONF.2/W/1-15, E/CONF.2/BUR.1-39, and E/CONF.2/BUR/W.1 | https://exhibits.stanford.edu/gatt/catalog/gw569rz3031 | gw569rz3031_90180204.xml | GATT_145 | 477 | 3,299 | United Nations Nations Unies
UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/BUR/38
ON DU 13 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL : ENGLISH
GENERAL COMMITTEE
DEFINITIVE TEXTS OF DOCUMENTS TO ACCOMPANY THE FINAL ACT
Note by the Executive Secretary
The French and English texts of chapters of the Charter attached to
Committee reports, as approved by the principal committees after consideration
of the recommendations of the Central Drafting Committee, will have to be
regarded by the Secretariat, for the purpose of preparing the printed
text of the Charter as the final and authentic texts in those languages,
subjct to the correction of any typographical errors and to the
renumbering of articles and cross references consequential upon the
additions made to the Charter during the Conference. Similarly, the texts
of resolutions not already approved in Plenary Sessions of the Conference
will be printed in the form in which they appear in the reports approved
by committees. Presumably for the purpose of advising their governments
of the texts to accompany the Final Act, delegations will also regard
the texts accompanying reports approved by committees as constituting the
definitive texts of the chapters of the Charter and of the various
resolutions.
With respect to the First, Fourth and Fifth Committees, these texts
have already been issued in documents E/CONF.2/55, E/CONF.2/53, with Add.1
and E/CONF.2/39 (E/CONF.2/39/Rev.1 in French), respectively. The texts
contained in these reports have now been submitted to the printer. The
initial proofs of these chapters, and of the resolutions regarding
employment and the Interim Co-ordinating Committee for International
Commodity Arrangements, after having been proofread by the printer and
by the Secretariat, will be available for examination by any interested
delegation in Room 2.-7 between 3.00 p.m. and 8.00 p.m. Tuesday, 16 March.
Those delegations wishing to consult these texts should telephone
extension 252.
The other chapters whll be ihssued with the relevant committee
reports as E/CONF. 2/-- documents as soon as possible after approval by
committee. In order that the printing of these chapters may proceed
promptly, delegations are requested to examine them carefully immediately
after their issuance in order that the Secretariat may be informed of
any errors. The corrected texts from the committee reports will in each
/case E/CONF.2/BUR/38
Page 2
case be submitted to the printer twenty-four hours after they have been issued
as documents. When proofs are returned by the printer they will be read
with care by the Secretariat and will be open for examination by delegations
for a period to be announced in each case. Following this proofreading
and examination, the texts will be submitted again to the printer for the
production of the final document.
Only by following the procedure outlined above will it be possible for
the Secretariat to produce and circulate copies of the printed edition of the
Final Act and related documents in advance of the Plenary meetings. |
GATT Library | fx154hh9364 | Delegations of Belgium, Luxembourg and the Netherlands : Observations concerning the Draft Report of the Sub-Committee on the note on reconstruction in chapter III of the Draft Charter (E/CONF.2/C.2/D/W.1) | United Nations Conference on Trade and Employment, January 16, 1948 | Second Committee: Economic Development | 16/01/1948 | official documents | E/CONF.2/C.2/D/W.2, E/CONF.2/C.2/D/W.1-3, C.23/A/W.1-3, and C.26/A/W.1-29 | https://exhibits.stanford.edu/gatt/catalog/fx154hh9364 | fx154hh9364_90180337.xml | GATT_145 | 439 | 3,228 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/D/W.2
ON DU 16 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: FRENCH
SECOND COMMITTEE : ECONOMIC DEVELOPMENT
DELEGATIONS OF BELGIUM, LUXEMBOURG AND THE NETHERLANDS
OBSERVATIONS CONCERNING THE DRAFT REPORT OF THE SUB-COMMITTEE
ON THE NOTE ON RECONSTRUCTION IN CHAPTER III
OF THE DRAFT CHARTER (E/CONF.2/C.2/D/W.1)
The delgegations of Belgium, Luxembourg and the Netherlands have
always opposed any distinction being drawn between industrial countries
and the so-called under-developed countries. The delegations cannot
admit that the development of industrial countries should be deemed
complete and that their economic structure should be considered as
definitive. This is not even the case in industrial countries which are
at present highly prosperous; and is still less true of industrial
countries which have been devastated and disorganized by war.
It is therefore a fact that economic reconstruction in war-stricken
countries is not merely the restoration of the situation as before 1939.
These countries face the double problem of restoring their productive
capacity and of adapting it to the fundamental changes which have
occurred in world economy and to future changes that can be foreseen.
Principal among these changes is the highly desirable economic progress
of under-developed countries.
Economic reconstruction is consequently not merely a matter of
repairing actual phystical damage. It is also the adaptation of the
economic structure to new conditions, in order that development in the
new countries may be paralleled by progress in the industrial countries,
with beneficial effects on the development of the new countries.
For all these reasons the draft proposed by the sub-committee is
unsatisfactory. Apart from other consmiaderations, grammar and semantics
make it invidious to attempt to change the meaning of words by an article
in the Charter. Furthermore, the deletion of the word "reconstruction"
throughout the relevant articles disturbs the balance in favour of the
concept "development". The proposed Article 15 A would be but a
slightly exalted interpretative note.
/The delegations E/CONF. 2/C. 2/D/W. 2
Page 2
The delegations of Belgium, Luxembourg and the Netherlands would
like to see the word "reconstruction" retained in all the places
mentioned in the annex to document E/CONF.2, C.2/D/W.1, and further would
like to see it appear in the following other places:
Article 10
Paragraph 1, last line: "development and reconstruction".
Paragraph 2, ninth line: "development or reconstruction".
Article 11
Paragraph 1, second line: "development and reconstruction";
Fourth line: "technology, and in appropriate cases technical..."
(this is a consequential amendment);
Tenth line: "development or reconstruction".
Paragraph 2, third line: "development and reconstruction".
Article 12
The word reconstruction should be included where necessary
in the new draft which is being prepared. |
GATT Library | jc213zv4990 | Documents Distbriuted up to 4.00 p.m. 18 March 1948 | United Nations Conference on Trade and Employment, March 18, 1948 | 18/03/1948 | official documents | E/CONF.2/INF.194 and E/CONF.2/INF.110-201 | https://exhibits.stanford.edu/gatt/catalog/jc213zv4990 | jc213zv4990_90180116.xml | GATT_145 | 774 | 5,075 | United Nations
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18 March 1948
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X FOURTH COMMITTEE - REPORT
TO THE CONFERENCE
X SIXTH COMMITTEE: ORGANIZATION
REPORT - PART I
E/CONF.2/SR.15
E/CONF.2/SR.16
X SUMMARY RECORD OF 15TH PLENARY
MEETING - 13 MARCH 1948 AT
10.15 A.M.
X SUMMARY
MEETING
4.00 P.M.
RECORD OF 16TH PLENARY
- 16 MARCH 1948 AT
E/CONF.2/INF.193
E/CONF.2/OD.102
E/CONF.2/BUR/38/ X
Add.1
E/CONF.2/C.2/47 X
E/CONF.2/C.2/47
Rev.1
E/CONF .2/C .2/48
E/CONF.2/C .2/SR.23/
Corr.1
E/CONF.2/C.2/SR.24/
Corr.1
X DOCUMENTS DISTRIBUTED
17 MARCH 1948
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18 MARCH 1948
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TO ACCOMPANY THE FINAL ACT -
NOTE BY SECRETARIAT
UNITED KINGDOM: PROPOSED
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X
X
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DU PARAGRHAPE PREMIER PROPOSEE
PAR LA DELEGATION DU ROUMY-UNI
X AGENDA FOR 26TH MEETING -
18 MARCH 1948 AT 6.00 P.M.
X CORRIGENDUM TO SUMMARY RECORD
OF 23rd MEETING
X X
X X
CORRIGENDUM TO SUMMARY RECORD X X
OF 24TH MEETING
/E/CONF.2/C .3/85/Corr.1
Symbol
E/CONF.2/53
E/CONF.2/68
Language
E. F. S.
X
X
X X
X X
X X E/CONF.2/INF.194
Page 2
symboI.
E/CONF.2/C .3/85/
Corr.1
E/CONF.2/C.3/89
Add.3
E/CONF.2/C .3/89/
Add .3/Corr.1
E/CONF.2/C .3/89/
Add.4
E/CONF. 2/C .3/89/
Corr .3
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E/CONF.2/.C.3/SR.44/
Corr.1
EOCF.2.C,/R.40
E/CONF.2/C .8/18
esttUnrest.
Title
X REVISED TEXT OF ARTICLE 42
(AS APPROOVIED BY CMMTTEE III,
17A MHCE)
X CHAPTER IV: DRAFT REPORT
TOHTE CONFERENCE -
PART I
X CHAPTEDRAR IV: FT REPORT
TO THE CONFERENCE
CORRIGENDUM TO PART I
X CHAPTER IV: DRAFT REPORT
TOHE CONFERENCE
PART II (CONTINUED)
X CHAPTER IV: CORRIGENDUM
TO DRAFT REPOR TH TOTE
CERENCE - PART II
X. CHPAITRE IV: RECTIFIGATIF
AU PROJET DE RAPPORT ALA
CONEFRENCE EDUXIEME PARTIE
X ARTICLES 23 AND 24 (TEXT
APPROVED IN SECOND READING)
X AGENDA FOR 48T HMEETING
18. MARCH 1948
X CORRIGENDUM TO USMMARY RECORD
OF 44TH MEETING
X S UMMARY RECORD OF40 THMEETING
16 MARCH 1948 AT .450 P.M.
X PROPOSED REDRAFT OF THE FINAL
TEXT OF CHAPTER IX
E/CONF.2/C.8/19 X
PROPOSED REDRAFT OF HE FINALT
TEXT OF CHAPTER III -
ARTICLE 13
X X
X X
E/ONoF.2/C .8/19/
Corr .1
E/CONF.2/C .8/20
E/CONF.2/C .8/20/
Add.1
X OCRRIGENDUM TO PROOPSED RDERFAT
OF FINAL TEXT OF CHAPTER III
X ONLY
X PROPOSED REDRAFT OF FINAL TEXT X X
OF ARTICLE 16
X : . ADDENDUM TO PROPOSED REDRAFT
OF HhE FINAL TEXT OF
ARTICLE 16
XX
/E/CON.F.2/C 8/22
Language
E. F. S.
X
X X
X X
X X
XON LY
X ONLY
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X X
X E/CONF.2/INF.1
Page 3 .;
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Title
E/CONF.2/C.8/22
E/CONF. 2/C .8/22/Corr .1
E/CONF.2/C.8/23
E/CONF .2/C. 8/24
E/CONF.2/C.8/25
COF.2/C.8/26
EON/CF.2/C .8/26/Corr.1
E/CONF.2/C.8/27
GTRA/1/33
GTT/1/34
GATT/1/35
GATT1//INF.2/Rev.1/Add.1
AGTT1//SR .7
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X PROPOSED REDFFGT OF FINAL TEXT
OF CHAPTER III - ARTICLE 14
X CORRIGENUDM TO PROPOSED RDREAFT
OFF INAL EXT OTF CHAPTER III
ARTICLE 14
X PROPOSED REFDRAT OF FINAL TEXT
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X PROPOSED REDRAFT OF FINA TLETX
OF CHAPTER I
X PROPOSED REDRAFT OF FINAL EXTT
OF CHAPTER IV - SECTION B -
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X PROPOSED REDRAFT OF FINAL TEXT
OF CHAPTER III ARTICLE 5
X OCRRIGENDUM TO PROPOSE DDRAFT
OF FINALT EXT OF CHAPTER III
X PROPOSED ERDAFRT OF FINAL EXTT
OF CHAPTER IV - SECTION B -
ARTICLE 24
X
X
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X X
X X
X X
X X
X X
XONLYT
X X
FIRST SESSION OF THE CONTRACTING
PARTIES - RPOPOSED RESOULTION
FRIST SESSION OF THE CONTRACTING
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RECTIFICATIONS
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ISTSOF REPRESENTATIVES
X X
X X
FIRST SESSION OF THE CONTRACTING X
PARTIES - SUMMARY RECORD OF 7TH
MEETlNG - 13 MARCH 1948 AT 6.00 P.M.
FIRST SESSION OF THE CONTRACTING: X
PARTIES - SUMMARY RECORD OF 8TH
MEETING - 15 MARCH 1948 AT 6.00 P.M.
PRESS RELEASES
THE HAVANA CHARTER - (NOTES TO
CORRESPONDENTS)
X
Symbol
Language E. F. S.
/ITO/173/Add.1 E/CONF.2/INF.194
Page 4
ITO/173/Add.1
ITO/176
ITO/176/Corr.1
ITO/C.2/29
ITO/C.3/82
Rest. Unrest
Title
Language E. F. S.
NOTE CORRESPONDENTS X.
50 QUESTIONS ABOUT THE ITO CHARTER X
CORRIGENDUM: NOTE TO X
CORRESPONDENTS
COMMITTEE II ACCEPTS DRAFT OF ITS XI
REPORT TO THE CONFERENCE
COMMITTEE III APPROVES ARTICLES X X
23, 24; COMPLETES SUBSTANTIVE
PART OF ITS AGENDA
COMMITTEE VI APPROVES FINAL X X
REPORTS ON CHAPTERS 1, 7 AND 9
ITO/C.6/52 |
|
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19 March 1948
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E/CONF.2/59/Corr.5 X RECTIFICATIF AU COMPTE RENDU
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DE DELEGATIONS - TENUE LE 3 MARS
1948 A 10H, 30.
E/CONF.2/64/Corr.1 X CORRIGENDUM TO TIMETABLE FOR THE X X
COMPLETION OF THE CONFERENCE
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COMPTE RENDU ANALYTIQUE DE LA
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X
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53 NATIONS SIGN FINAL ACT;
END OF CONFERENCE
EXECUTIVE COMMITTEE OF
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TIN .ICAN GOUP -
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E. F. S.
SECOND COMITTEE - CORRIGENDUM
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Title
PROTOCOL
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SPECIAL PROTOCOL MODIGYING
ARTICLE XIV OF THE GATT
LETTER RECEIVED BY SECRETARIAT
FROM CHINESE DELEGATION
COMPTE RENDU ANALYTIQUE DE LA
9EME SEANCE - TENUE LS 17 MARS
1948 A 147.30
PRESS RELEASES
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E.P.S.
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SPEECH BY DELEGAEETE OF SWITRLAND X X
SPEECH BY URUGUAYAN DELEGATION X X.
ADDRESS BY PREXECSIDENT OF MIAN X X
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14 March 1948
LENGLISH - FRENCH
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X NO
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E. F..S
X X
CENTRAL DRAFTING COMMITTEE
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COMMISSIONS - NOTE DU SECRETARIAT
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15 MARCH 1948 AT 3.00 P.M.
E/CON.2/C.3/SR.44 X SUMMARY RECORD OF 44TH MEETING -
11 MARCH 1948 AT 3.30 P.M.
x
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12 MARCH 1948 AT 10.30 A.M.
E/CONF COMMENTS UPONTCQN..2C./103/,kd'6 -O CWMIE;TS PCN
ARTICLE 93 BY THE DELEGATION OF
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E/CONF.2/C. 6/SR.29/Corr.1
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OF 29TH, 31ST, 32ND AND 33RD MEETING
X COMPTE RENDU ANALYTIQUE DE LA
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11 MARS 1948, A 10 H. 30
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CORRIGENDUM TO PROPOSED REDRAF
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X CENTRAL DRAFTING COMMITTEE
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X CENTRAL DRAFTING COMMITTEE X
CORRIGENDUM TO PROPOSED REDRAFT
OF THE FINAL TEXT OF CHAPTER VIII
X CENTRAL DRAFTING COMMITTEE - X
CORREGENDUM TO PROPOSED REDRAFT
OF THE FINAL TEXT OF CHAPTER IV
ARTICLE 21
FIRST SESSION OF THE CONTRACTING X
PARTIES - PROTOCOL OF
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SUB-COMMITTEE OF PROTOCOL OF
TYPOGRAPHIC CORRECTIONS TO THE
SCHEDULES OF GATT - NOTES OF
3RD MEETING - 12 MARCH 1948 AT
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X
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FIRST SESSION OF THE CONTRACTING X
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15TH PLENARY MEETING - FIRST PART
X
15TH PLENARY MEETING - SECOND PART
X
ITO/169
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E/CONF.2/C.8/16
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x PROPOSED AMENDMENT TO ARTICLE 93
X WOKING PARTY TO STUDY QUESTION
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NOTES ON 5TH MEETING
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E/CONF.2/C.6 /98/Add.1 X MEXICO: PROPOSED AMENDMENT TO
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E,/CONF.2/INF.189
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E/CONF.2/.C3F/WC.31/Rev2
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E/CONF.2./C.3/SR.43/Corr.1
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X
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THE CONFRENCE
C0MPTE RENDU ANALYTIQUE DE LA
23EME SE12 MARCHANCE8,
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REPORT TO COMMITTE 3 ON
ARTICLES 16 & 42
COMMERCIAL POLICY - DRAFT REPORT X X
TO THEE CEONFERENC ON CHAPTER IV
REPORT OF WORKING PARTY 9 X X
(ARTICLE 42B)
X SUB-COMMlTTEE F - REPORT TO
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X SUMMARY RECORD OF 24TH MEETING
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X X
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X CHAPTER IV: COMMERCIAL POLICY X X
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X CORRIGENDUM TO PART 2 OF DRAFT X
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X RECTIFICATIF AU COMPTE RENDU
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SUB-COMMITTEE F - NOTES ON 14TH X X
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9.45 P. M.
X CORRIGENDUM TO SUMMARY RECORD OF X X
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GATT/1/38/Rev.1
; _.- 4
i/R
GAT/z.iev.1
x
REPORC OF THEOPEPEO THET R
SUBHE-PCOHTIEO TM ROOCOL
ING NECNGFOTITFINS NSICOW
TO GATT
X S DECERCINGION CNRNI THE
FOC OMTOSTOMS UO UNSCCUIWTM
BENEW FRANC E ALANDLK
I
LUTON,~MI
X X
X
TET EEGRED ME ATETING ME ON
19 MARCH 1948, OF AGPAPHGRIA VI
OHF TE PROTO MODCOLIFYING
CERT GAINENERAL PISIRNSOVO OF
GENETAL lRREE EMENTR
TSEMEN BYTDATEEAGY ON OF
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TEXT OF PARARGAPH VIII OF
PROTCOOL A RSEDRAFTE DAT
EETING OM 19 MARCH 1948
GATT/1/45 AGREED ADDITION TO PARAGRAPH
CLE OV1 - ,CLE XX V;!,I-- 5 (A) ClF ARTI=; I
GATT/1/4
GAT/l1
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GATT/148
GA/1
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iCTiO/1/3/Add.1
ICITO/EC .1/2/Add.1
ICITC/EC .1/3
X ADDENDUM TO NOTE BY PRESIDENT
OF THE U.N. CONFERENCE ON
TRADE AND EMPLOYMENT
X EXECUTIVE COMMITTEE - ADDENDUM
TO NOTE BY SECRETARIAT
X EXECUTIVE COMMlTTEE - DRAFT
RULES OF PROCEDURE
PRESS RELEASES
50 QUESTIONS ABOUT THE ITO
CHARTER
x
BIOGRAPHY OF ERIC WYNDHAM WHITE X
EXECUTIVE SECRETARY OF THE
INTERIM COMMISSION OF THE ITO
INTERIM COMMISSION HOLDS FIRST x
MEETING: ELECTS EXECUTIVE
COMMITTEE AND EXECUTIVE
SECRETARY
Symbol
E/CONF.2/INF.198
Page 3
Title
x x
x x
x x
ITO/176
Part II
ITO/181
IT0183 - |
|
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21 March 1948
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Unrest.
X
Title
SIXTH COMMITTEE REPORT -
PART I
X DOCUMENTS DISTRIBUTED
20 MARCH 1948
E/CONF.2/INF .199
E/CONF.2./OD.105
E/CONF. 2/C.2/SR.26
E/CONF.2./ C.3/F/W.32/Corr.1 X
E/CONF.2/C.3/SR.47
E/CONF.2/C.3/SR.48 E/CONF.2/C.6/SR.41
E/CONF.2/C.8/28
GATT/1/27/Rev.1.
x
X SCHEDULE OF SPEAKERS FOR THE X X
PLENARY MEETINGS
X PROGRAMME OF MEETINGS MONDAY X X
22 MARCH 1948
X SUMMARY RECORD OF 26TH X
MEETING HELD 18 MARCH 1948 .AT
6.00 P.M.
SUB-COMMITTEE F (ARTICLES 21, X X
23 AND 24) CORRIGENDUM TO THE
NOTES ON 14TH MEETING
X SUMMARY RECORD OF 47TH X
MEETING HELD 17 MARCH 1948
AT 10.30 A.M.
X SUMMARY RECORD OF 48TH X X
MEETING HELD 18 MARCH 1948
AT 3.00 P.M.
X COMPTE RENDU ANALYTIQUE DE X
LA QUARANTE-ET-UNIEME SEANCE
TENUE LE MERCREDI 17 MARS 1948
A 18 HEURES.
X CHECK LIST OF DOCUMENTS
ISSUED FROM 17 JANUARY TO
18 MARCH 1948 PREPARED BY THE
DOCUMENTS DIVISION
X TEXTE REVISE DU PROJET DE X
PROTOCOLE FIGURANT AU DOCUMENT
AU DOCUMENT GATT/1/21 PORTANT
MODIFICATION DE L'ARTICLE
DE L'ACCORD CENERAL SUR LES
TARIFS DOUANIERS ET LE COMMERCE
Symbol
E/CONF.2/68
. Rest.
Language
E. F. S.
X X
PRTOCOLE
X E/CONF.2/INF.200
Page. 2.
Symbol
GATT/l/47/Rev.1
GATT/1/49
Title
TEXTE REVI SE DU PROJET DE
PROTOCOLE FIGURANT AU DOCUMENT
GATT/1/28 PORTANT MODIFICATION
DE CERTAINES DISPOSITIONS
GENERALES DE L'ACCORD GENERAL
SUR LESS TARIFS DOUANIERS ET
LE COMMERCE
X
X
GATT/1/50
GATT/1/51
GATT/1/52
GATT/1/SR.9
X
GATT/1/SC.2/5
E. F. S.
x
DECISION RELATIVE A LA
FORMATION D'UNE UN ION
DOUANIERE ENTRE LA FRANCE ET
DECLARATION
PROTOCOL OF RECTIFICATIONS X &X
PROTOCOL OF RECTIFICATIONS X
SUMMARY RECORD OF 9TH MEETING X
HELD ON 17 MARCH 1948 AT
2.30 P.M.
SUB-COMMITEE OF PROTOC OLS QC
OF TYPOGRAPHICAL CORRECTIONS
TO THE SCHEDULE OF GATT
NOTES OF FIFTH MEETING HELDH
17 MARCH 1948 T HAAVNAA-:
EXEC IVETX COMMITIV - LE C LE - ISTX X
OFE CRSE BEEABNMMRS OF
EE XECVE CUTMIITEEMIV - - I
PRESS RELEASES
ITO/;3/rr.1
COAHR HRIGCAUMO TME AAR
FIFPARQUEST 13 XrTYTIOS
TITO CHARTERLH IR .
BIOGRAPHY OF ENRIC WYDHAM
WH4E
I
SY OFURHHW CHARPETER FOR AN. XE CM
INIO iATAL TRADE
ORGANIZATION
IERNT MMCMISISONSIOLDSF IRST F X
EEATINGC ELECTS CEMMITTEEC
AN DEECUTXIVE ESCRETARY
STAETMT EOF MAJOR ABDO XN
LOREITE, TEIE ATAOF HHEB
HIPLPIPINES
X
/TlO/189
ITO/176
TIO/118
TO/1x2.
TO/1T3
ITO/186 ;,-
Resnrest.Nt.
? - - - -
O/EC.1/4/Ef/ E/CONF.2/INF.200
Page 3
Rest. Unrest. Title
ITO/189 EXECUTIVE COMMITEE OF X X
E.-O,-S
INT Cc=( BUCS
CHAIN AND EXAbVS
F- 'OAMS
ITO/C.3/RE84 OF VIEW WORK X R OF OF
COl4t= II
01DISCO08S QUI E PRONO UR E P O ONDISCOMS USRA 19RE Z X
PAR M. H.S. MAIK, CHEF E
I'NDE,4EIATIC, A
I RNLENIRMSNC arIM
e |
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23 March 1948
ENGLISH - FRENCH
DOCUMENTS DISTRIBUTED UP TO 4.00 P.M. 23 MARCH 1948 Symbol
Rest. Unrest.
Title
X RESOLUTION DE REMERCIEMENTS A
L'ADRESSE DU GOUVERNEMENT ET DU
PEUPLE DE CUBA
X STATEMENT BY DELEGATION OF
POLAND
X SUMMARY RECORD OF 17TH PLENARY
SESSION - 22 MARCH 1948 AT
10.30 A.M.
X DOCUMENTS DISTRIBUTED -
22 MARCH 1948
E/CONF.2/OD.106
E/CONF.2/C.2/45
E/CONF.2/C.6/112
X SCHEDULE OF SPEAKERS FOR
PLENARY MEETINGS - TUESDAY,
23 MARCH 1948
X X
X ORDER OF THE DAY 23 MARCH 1948 X. X
X DRAFT RERORT OF COMMITTEE II X
TO THE CONFERENCE
X RECTIFICATIF AU COMPTE RENDU
ANALYTIQUE DE LA 47EME SEANCE
X SIXTH COMMITTEE - CHECK LIST OF X ONLY
DOCUMENTS ISSUED FROM
26 NOVEMBER 1947 TO 19 MARCH 1948
RECTIFICATIF AU COMPTE RENDU
ANALYTIQUE DE LA 27EME SEANCE
E/CONF.2/C.6/SR.28/Corr.1 X RECTIFICATIF AU COMPTE RENDU
ANALYTIQUE DE LA 28EME SEANCE
E/CONF.2/C .6/SR .38/Corr.2
GATT/1/53/Add.2 X
GATT/1/53/Add.2/Corr.1 X
X
CORRIGENDUM TO SUMMARY RECORD
OF 38TH MEETING
PROTOCOLE
RECTIFICATIF AU PROTOCOLE A
L'ARTICLE DE L'ACCORD
GENERAL SUR LES TARIFS
DOUANIERS ET LE COMMERCE
/GATT/1/53/Rev.1
Symbol
E/CONF .2 /71
E/CONF .2/73
E. F. S.
X
X X
E/CONF.2/SR.17
E/CONF.2/INF.201 E/CONF.2/INF.203
Page 2
Title
GATT/1/53/Rev.1
GATT/1/54/Corr. 1
GATT/1/54/Corr .2
GATT/1/55
GATT/1/57
X
X
X
X
X
GATT/1/58
LES TEXTES DES DOCUMENTS
SOUMIS A LA SIGNATURE
PROTOCOL OF RECTIFICATIONS
CORRIGENDUM TO PROTOCOL OF
RECTIFICATION
X
X X
XX
PROTOCOLE SPECIAL - PORTANT
MODIFICATION DE L'ARTICLE XIV
DE L'ACCORD GENERAL SUR LES
TARIFS DOUANIERS ET LE COMMERCE
DECISIONS TAKEN BY THE FIRST
SESSION
X PROTOCOL OF RECTIFICATIONS TO
THE GATT
GATT/1/59
X
GATT/1/60
GATT/1/SR.10
GATT/1/SR.11
GATT/1/SR.12/Corr.1
ICITO/1/SR.1
SUGGESTION BY CHAIRMAN REGARDING X
EXPENSES
X X
X X
X
X FINAL TEXTS OF PROTOCOLS AND X X
DECLARATION TO BE SIGNED ON
WEDNESDAY, MARCH 24, 1948
X SUMMARY RECORD OF 10TH MEETING - X
18 MARCH 1948 AT 10.30 A.M.
X SUMMARY RECORD OF 11TH MEETING - X
19 MARCH 1948, AT 10.30 A.M.
X CORRIGENDUM TO SUMMARY RECORD
OF 12TH MEETING
X SUMMARY RECORD OF 1ST MEETING -
20 MARCH 1948 AT 10.30 A.M.
X ONLY
PRESS RELEASES
DISCOURS PAR LE CHEF DE LA
DELEGATION CHINOISE
ITO/179/Add.1
ITO/180
INSERT IN TEXT OF SPEECH BY
DELEGATE OF CHINA
SPEECH BY PRESIDENT OF
DELEGATION FOR PERU'
ITO/184/Corr .1
ITO/190
ITO/193
CORRIGENDUM
SPEECH BY DELEGATE OF
SWITZERLAND
STATEMENT BY HEAD OF DANISH
DELEGATION
ITO/179
X
X
X
X
/ITO/194
Rest. unrest. E/CONF.2/INF. 2C3
Page 3
Rest. Unrest.
Title
STATEMENT BY DELEGATION OF THE
UNITED STATES OF AMERICA
SPEECH BY SOUTH AFRICAN
DELEGATION
E. F. S.
X X X
X X
ITO/196, Take 2
ITO/196, Take 3
ITO/196
ITO/196/Corr.1
ITO/199
ITO/199/Corr.1
ITO/200
ITO/201
17TH PLENARY SESSION
17TH PLENARY SESSION
17TH PLENARY SESSION - SUMMARY
CORRIGENDUM ON ARGENTINA'S
RESERVATIONS
SPEECH BY HEAD OF BELGIAN
DELEGATION
TEXT OF ADDRESS BY HEAD OF
DELEGATION OF HAITI
X
X
X
X X
CORRECTION
SPCEEH BY DELEGATION OF X
ECUADOR
SPEECH OF HEAD OF DELEGATION X X
OF LEBANON
SPEECH BY DELEGATION OF X X X
GUATEMALA
ITO/203
SPEECH BY HEAD OF DELGATION
OF VENEZUELA
SPEECH BY HEAD OF BOLIVIAN
DELEGATION
ITO/206
ITO/207
ITO/208
ITO/208/Corr.1
ITO/209
ITO/211
18TH PLENARY MEETING - SUMMARY X X
SIX MORE NATIONS STATE VIEWS ON
ITO CHARTER
COUNTRIES SIGNING FINAL ACT X
SPEECH BY DELEGATE OF X X
LUXEMBOURG
CORRECTION X
FINAL CONFERENCE ROUND UP X X
SPEECH BY PRESIDENT OF THE X X X
NETHERLANDS DELEGATION
SPEECH BY HEAD OF FRENCH X X
DELEGATION
/ITO/212
Symbol
Symbol
ITO/194
IT0/195
ITO/204
ITO/205
X X X E/CONF.2/INF.203
page 4
Symbol Rest. Unrest. Title Language
E. F. S.
ITO/212 SPEECH BY HEAD OF AUSTRALIAN X X
DELEGATION
ITO/213 SPEECH BY HEAD OF DELEGATION X X
OF DOMINICAN REPUBLIC
ITO/215 19TH PLENARY MEETING - X X
NINE ADDITIONAL NATIONS STATE
VIEWS ON HAVANA CHARTER |
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Title Language E. F. S.
E/CONF.2/68/Add.2
E/CONF.2/74
##/CONF.2/75
E/CONF.2/SR.18
E/CONF.2/SR.19
E/CONF.2/SR.20
E/CONF.2/INF.203
E/CONF.2/INF.204
##/CONF.2/OD.107
X SIXTH COMMITTEE - REPORT -
SECOND PART
X LETTER FROM ARGENTINE
DELEGATION
X NOTE BY EXECUTIVE SECRETARY -
REGARDING DELEGATION OF IRAQ
X SUMMARY RECORD OF 18TH PLENARY
SESSION - 22 MARCH 1948 AT
3.30 P.M.
X
X X
X X XX
X SUMMARY RECORD OF 19TH PLENARY X X
MEETING - 23 MARCH 1948 AT 9.00 A.M.
X SUMMARY RECORD OF 20TH PLENRY X
MEETING - 23 MARCH 1948 AT 3.00 P.M.
X
FINAL PLENARY MEETING - AGENDA X X
24 MARCH 1948 AT 9.00 A.M.
DOCUMENTS DISTRIBUTED - X X
23 MARCH 1948
X ORDER OF THE DAY - 24 MARCH 1948 X X
E/CONF.2/C.2/50 X SECOND COMMITTEE - CHECK LIST OF X ONLY
DOCUMENTS ISSUED FROM
26 NOVEMBER 1947 TO 22 MARCH 1948
E/CONF.2/C.3/SR.47/Corr.1 X CORRIGENDUM TO SUMMARY RECORD X
47TH MEETING
E/CONF.2./C.6/SR.26/Corr.2 X
CORRIGENDUM TO SUMMARY RECORD OF X X
26TH MEETING
E/CONF.2/C.6/SR.27/Corr.1 X CORRIGENDUM TO SUMMARY RECORD OF X
27TH MEETING
E/CONF. 2/C.6/SR.28/Corr.1 X CORRINGENDUM TO SUMMARY RECORD OF
28TH MEETING
GATT/1/58/ADD.1 X PROTOCOL OF RECTIFICATIONS TO X X
THE GATT
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Page 92
Symbol
Rest. unrest.
GATT/1/61
GATT/1/62
GATT/1/SR.1/Corr.1
GATT/1/Sr.12
GATT/1/SR. 13
x
x
X
x
x
x
Title
CoMMUNICATION FROM CZECHOSLOVAK
DELEGATION
SIGNATURE OF PROTOCOLS AND
DECLARATION
CORRIGENDUM TO SUMMARY RECORD
OF 10TH MEETING
COMPTE RENDU ANALYTIQUE DE LA
11EME SEANCE - TENUE LE
19 MARS 1948, A 10 H. 30
COMPTE RENDU ANALYTIQUE DE LA
12EME SEANCE - TENUE LE
19 MARS A 15 H. 30
SUMMARY RECORD OF 13TH MEETING
19 MARCH 1948 AT 6.00 P.M.
X SUMMARY RECORD OF 14TH MEETING
20 MARCH 1948 AT 8.30 P.M.
ECITO/EC.1/6 . -
REPORT OF TEE WORKING PARTY ON X
BUDGET AND SECRETARIAT PROPOSALS
ECRETARY ON ' ECPARY O X
WORKING PART ON OP=PARTY ON
SECRETARIAT PROPOSALSOPOSALS
/SR.1/lsR.1
X COMPTE RENDUU ANALYTILA X A
SEANCE - TENUE LE L
20 MARS 1948 A0 1 H. 30
PRESS RELEASES
ITO/178/Corr.1
ITO/178./Corr2
ITO/194/Corr 1
RRIGENDUM IN THE T
OFNDIAN LDEITEOF IN
O
CORRIGENDUM CORRIGENDUM IN TEXT F
OF INDIAN DELEGATE
RDTCCTION TOCOLLECTION TO SPE
DLEEGATE
T/198
. .
EMENT BY THE UNITED KINGDOM X
.DELEGA
.--LEA
ITO/200
SEECH BY EED OF DEIEGTICN
ECUADR
ITO/212
ITO/211/Add 1
OF x
SPEECH BY FRENCH DELEGATION
CHANGES TO SPEECH OF PNCH
DELEGATIal
/IO/212
E. F. S.
XX
x
X X
"I
x
x E/CONF.2/INF.205
Page 3
Symbol Rest. Unrest. Title Language
E. F. S.
ITo/212 DISCOURS FRONONCE PAR LE CHEF X
DE LA DELEGATION DE L'AUSTRALIE
ITO/212/Corr.1 CORRIGENDUM IN TEXT OF SPEECH OF X
AUSTRALIA
ITO/213 DISCOURS PRONONCE PAR IA F
DELEGATION DE LA
REPUBLIQUE DOMINICAINE
ITO/214 SPEECH BY DELEGATE OF BRAZIL X X
ITO/214/Corr.1 CORRIGENDUM IN TEXT OF SPEECH X
BY BRAZIL
ITO/215/Corr.1 CORRIGENDUM - 19TH PLENARY X
ITO/216 SPEECH BY MR. GUSTAVO GUTIERREZ, X X X
ACTING HEAD OF DELEGATION OF
CUBA
ITO/217 SPEECH BY NETHERLANDS DELEGATION X X X
ITO/218 SPEECH BY DELEGATION OF X
EL SALVADOR
ITO/219 SPEECH BY MR. SERGIO I CLARK X X
OF CUBA, CONFERENCE PRESIDENT
ITO/220 STATEMENT BY DELEGATE FOR X X
NEW ZEALAND
ITO/221 STATEMENT BY DELEGATION OF X
ITO/222 SPEECH BY DELEGATION OF X
NICARACUA
/223 TWENTIENTH PLENARY MEETING X X
GENERAL DISCUSSION OF HAVANA
CHARTER CONCLUDED
ITO/224 STATEMENT BY TRYGVE LIE READ BY X X
MR. DAVID OWEN
ITO/225 SPEECH OF THE CUBAN MINISTER OF X X
STATE
ITO/226 REVIEW OF FIRST SESSlON OF X
CONTRACTlNG PARTIES TO "GATT"
ITO/227 NOTE TO CORRESPONDENTS X |
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GATT Library | ft508fg9455 | Draft Agreement of relationship between the United Nations and the International Trade Organization : Note by the Executive Secretary | Interim Commission for the International Trade Organization, August 3, 1948 | Interim Commission for the International Trade Organization and Executive Committee | 03/08/1948 | official documents | ICITO/EC.2/2/Add.1 and ICITO/EC.2/INF.1-3 ICITO/EC.2/1-2/ADD.4 | https://exhibits.stanford.edu/gatt/catalog/ft508fg9455 | ft508fg9455_90060176.xml | GATT_145 | 0 | 0 | |
GATT Library | ym912kq3392 | Draft Agreement of relationship between the United Nations and the International Trade Organization : Note by the Executive Secretary | Interim Commission for the International Trade Organization, August 3, 1948 | Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee | 03/08/1948 | official documents | ICITO/EC.2/2/Add.1 and ICITO/EC.2/INF.1-3 ICITO/EC.2/1-2/ADD.4 | https://exhibits.stanford.edu/gatt/catalog/ym912kq3392 | ym912kq3392_90060176.xml | GATT_145 | 3,499 | 23,514 | UNRESTRICTED
INTERIM COMMISSION COMMISSION INTERIMAIRE DE ICITO /EC. 2/2/Add. 1
FOR THE INTERNATIONAL. L'ORGANISATION INTERNATIONALE 3 AUGUST , 1948.
TRADE ORGANIZATION DU COMMERCE
EXECUTIVE COMMITTEE
Second session
Itenm 4 (a) of the provisional agenda
DRAFT AGREEMENT OF RELATIONSHIP BETWEEN THE UNITED
NATIONS AND THE INTERNATIONAL TRADE ORGANIZATION
Note by the Executive Secretary.
The consultations with the Secretariat of the
United Nations referred to in Document ICITO/EC.2/2
previously circulated have now been completed. As a
result thereof the attached draft agreement of relationship
between the International Trade Organization and the
United Nations has been prepared as a basis for discussion
in the Executive Committee. This draft does not, of
course, involve any commitment on the part of the United
Nations or the Executive Committee itself, the consulta
tions which took place having been merely at the
Secretariat level and in response to a request to the
Secretariat of the United Nations for advice and
assistance.
2. The draft agreement of relationship is bed in
most part upon the standard form agreement of which the
agreement with the Food and Agriculture Organization is
perhaps the best example. Changes which have been made to
adapt the standard form to the needs of the International
Trade Organization will be explained in the course of
discussion.
3. Should the Executive Committee as a result of its
discussion agree upon a draft agreement of relationship,
it is suggested that the Executive Secretary should be
asked to transmit this draft to the Secretary-General
of the United Nations as the document upon which the ICITO/EC. 2/2/Add. 1.
page 2.
Executive Committee would wish to undertake the
consultations with the United Nations referred to in the
terms or reference of the Committee. It is also suggested
that in this event the Executive Committee should appoint
four of its members to represent it in such consultations.
DRAFT AGREEMENT OF RELATIONSHIP BETWEEN THE UNITED
NATIONS AND THE INTERNATIONAL TRADE ORGANIZATION
Article 57 of the Charter of the United Nations
(hereinafter called the Charter) provides that specialized
agencies, established by inter-governmental agreement and
having wide international responsibilities as defined in
their basic instruments in economic, social, cultural,
educational, health and related fields, shall be brought
into relationship with the United Nations
Article 86 of the Havana Charter provides that the
International Trade Organization (hereinafter called the
Organization) shall be brought into relationship with the
United Nations as one of the specialized agencies referred
to in Article 57 of the Charter
Therefore the United Nations and the Organization
agree as follows :
ARTICLE I
1. The United Nations recognizes the Organization as
the specialized agency responsible for taking such action
as may be appropriate under its basic instrument for the
accomplishment of the purposes set forth therein.
2. The United Nations recognizes that certain of the
functions now performed by the subsidiary organs of the
Economic and Social Council (hereinafter called the
Council) under the supervision of the Council coincide to
some extent with the functions of the Organization under its
Charter. Consultation shall therefore take place as soon
as possible between the United Nations and the
Organization in order to ensure that the allocation of
functions between the Organization and the subsidiary organs
of the Council shall be consistent with the provisions of
paragraph 1 of this Article.
3. The Organization recognizes that it should not
attempt to take action which would involve passing judgment ICITO/EC . 2/2/Add.1.
page 3.
in any way on essentially political matters. Accordingly,
any measure taken by a Member of the Organization directly
in connection with a political matter brought before the
United Nations in accordance with the provisions of
Chapters IV or VI of the Charter shall be deemed to fall
within the scope of the United Nations.
4. The United Nations recognizes that if any Member of
the Organization raises the question whether a measure is
in fact taken directly in connection with a political matter
brought before the United Nations in accordance with the
provisions of Chapters IV or VI of the Charter of the
United Nations, the responsibility for making a determination
on the question shall rest with the Organization, provided
that political issues beyond the competence of the
Organization are not involved in the making of such
determination. If political issues beyond the competence
of the Organization are involved in the making of such a
determination, the question shall be deemed to fall within
the scope of the United Nations.
ARTICLE II
Reciprocal Representation
1. The United Nations shall be invited to send representa-
tives to attend the meetings of the Conference of the
Organization, the Executive Board, the Commissions and
Committees, and such general, regional or other special
meetings as the Organization may convene, and to
participate, without the right to vote, in the deliberations
of these bodies.
2. The Organization shall be invited to send representa-
tives to attend the sessions of the Councle and of its com-
missions and committees, and to participate, without the
right to vote, in the deliberations of these bodies with
respect to items on their agenda relating to matters within
the scope of its activities.
3. The Organization shall be invited to send representa-
tives to attend meetings of the General Assembly for
purposes of consultation on matters within the scope of its
activities.
4. The Organization shall be invited to sand representa-
tives to attend meetings of the main committees of the ICITO/EC. 2/2/Add. 1.
Page 4.
General Assembly when matters within the scope of its
activities are under discussion and to participate,
without the right to vote, in such discussions.
5. The Organization shall be invited to attend the
meetings of the Trusteeship Council and to participate,
without the right to vote, in the deliberations thereof
with respect to items on the agenda relating to matters
wilthin the scope of its activities.
6.Written statements of the Organization shall be
distributed by the Secretary-General of the United Nations
(hereinafter referred to as the Secretary- General) to
the Members of the General Asseembly, the members of the
Council and its commissions or the members of the
Trusteeship Council as appropriate. Similarly written
statements presented by the United Nations shall be
distributed by the Director- General of the Organization
(hereinafter referred to as the Director-General) to the
Members of the Organization.
Proposal of Agenda Items.
Subject to such preliminary consultation as may be
necessary, the Organization shall include on the agenda of
the Conference, Executive Board and the Commissions, items
proposed to it by the United Nations, Similarly the
Council and its commissions and theTrusteeship Council
shall include on their agenda items proposed by the
Conference or Executive Board of the Organization.
ARTICLE IV
Recommendations of the United Nations
1. The Organization having regard to the obligation of
the United Nations to promote the objectives set forth in
article 55 of the Charter and the functions and powers of
the Council under Article 62 of the Charter to make or
initiate studies and reports with respect to international
economic, cultural, educational, health and related matters
and to make recommendations concerning these matters to
the specealized agencies concerned, and having regard also
to the responsibility of the United Nations, under Articles
58 and 63 of the Charter, to make recommendations for the
co-ordination of the policies and activities ICITO/EC .2/2/Add. 1.
page 5.
of such specialized agencies, agrees to arrange for the
submission, as soon as possible, to the Conference, the
Executive Board, or other appropriate organ of the
Organization, of all formal recommendations which the
United Nations may make to it.
2. The Organization agrees to enter into consultation
with the United Nations, upon request, with respect to
such recommendations and in due course to report to the
United Nations the results of its consideration of such
recommendations, including any action taken by the
Organization or by its Merabers as a consequence thereof.
ARTICLE V
General Co-ordination
The Organization affirms its intention of co-operating
in whatever further measures may be necessary to make co-
ordination of the activities of specialized agencies and
those of the United Nations fully effective. In parti-
cular, it agrees to participate in, and to co-operate with
any bodies which the Council has established or may
establish for the purpose of facilitating such coordination
and to furnish such information as may be required for the
carrying out of this purpose.
ARTICLE IV
Public Information
Having regard to the fact that it is essential for
the success of the Organization to enlist the support of
an informed public opinion, the Organization agrees that
it will collaborate to the fullest extent practicable
with the machinery of the United Nations for this purpose.
ARTICLE VII
Exchange of Information and Documents
1. The fullest and promptest exchange of information and
documents shall be made by the United Nations and the
Organization.
2. Without prejudice to the generality of the provisions
of paragraph 1 :
(a) the Organization agrees to transmit the
United Nations regular reports on the activities of the
Organization and insofar as practicable its programmes. ICITO/EC. 2/2/Add. 1.
page 6.
(b) the Organization agrees to comply to the
fullest extent practicable with any request which the
United Nations may make for the furnishing of spacial
reports, studies or information, subject to the conditions
set forth in Article XV; and
(c) the Secretary-General shall, upon request,
consult with the Director-General regarding the provision
to the Organization of such information as may be of special
interest to the Organization.
3. The United Nations and the Organization are subject
to certain necessary limitations for the safeguarding of
confidential material furnished to them by their Members
or others. Accordingly nothing contained in this agreement
shall be construed to require either of them to make
available any information, the furnishing of which would,
in its judgment, constitute a violation of the confidence
of any of its Members or any other source from which such
information shall have been received, or which would
otherwise interfere with the orderly conduct of its
operations.
ARTICLE VIII
Assistance to the Security Council
The Organization agrees to co-operate with the
Council in furnishing such information and rendering such
assistance to the Security Council as that Council may
request, including assistance in carrying out decisions of
the Security Council for the maintenance or restoration
of international peace and security,
ARTICIE IX
Assistance to the Trusteeship Council
The Organization agrees to co-operate with the
Trusteeship Council in the carrying out of the functions
of that Council and in particular agrees that it will,
to the greatest extent possible, render such assistance as
the Trusteeship Council may request, in regard to matters
with which the Organization is concerned
ARTICLE X
Non-Self-Governing Territories
The Organization agrees to co-operate with the
United Nations in giving effect to the principles and ICITO/EC.2/2/Add. 1.
page 7.
obligations set forth in Chapter XI of the Charter with
regard to matters affecting the well-being and development
of the peoples of non-self-governing territories.
ARTICLE XI
Relations with the International Court of Justice
1. The Organization agrees to furnish any information
which may be requested by the International Court of
Justice in pursuance of Article 34 of the Statute of the
Court.
2. The General Assembly authorizes the Organization to
request advisory opinions of the International Court of
Justice on legal questions arising within the scope of its
activities other than questions concerning the mutual
relationships of the Organization and the United Nations
or other specialized agencies.
3. Such request may be addressed to the Court by the
Conference, or by the Executive Board acting in pursuance
of an authorization by the Conference.
4. When requesting the International Court of Justice
to give an advisory opinion, the Organization shall inform
the Council of the request.
ARTICLE XII
Headquarters and Regional Offices
1. The Organization agrees to consult with the United
Nations before making any decision concerning the location
of its permanent headquarters.
2. In order that any regional or branch offices which
the Organization may establish shall, so far as practicable,
be closely associated with such regional or branch offices
as the United Nations and other specialized agencies have
or may establish, the Organization agrees to consult with
the Co-ordination Committee.
ARTICLE XIII
Personnel Arrangements
1. The United Nations and the Organization recognize
that the eventual development of a single unified
international civil service is desirable from the stand-
point of effective administrative co-ordinations and,
with this end in view, agree to develop common personnel
standards, methods and arrangements designed to avoid ICITO/EC. 2/2/Add. 1.
page 8.
serious discrepancies in terms and conditions of
employment, to avoid competition in recruitment of
personnel, and to facilitate interchange of personnel in
order to obtain the maximum benefit from their services.
2. The United Nations and the Organization agree to
co-operate to the fullest extent possible in achieving
these ends and in particular they agree to:
(a) participate in the International Civil Service
Advisory Board established for the purpose of contributing
to the improvement of recruitment and related phases of
personnel administration in all of the participating
international organizations;
(b) consult together concerning other matters
relating to the employment of their officers and staff,
including conditions of service, duration of appointments,
classifications salary scales and allowances, retirement and
pension rights and staff regulations and rules with a view
to securing as much uniformity in these matters as shall
be found practicable;
(c) co-operate in the interchange of personnel,
when desirable, on a temporary or permanent basis, making
due provision for the retention of seniority and pension
rights.
(d) co-operate in the establishment and operation
of suitable machinery for the settlement of disputes
arising in connection with the employment of personnel
and related matters.
ARTICLE XIV
Statistical Services
1. The United Nations and the Organization agree to
strive for maximum co-operation, the elimination of all
undesirable duplication between them, and the most
effective use of their technical personnel in their
respective collection, analysis, publication and
dissemination of statistical information. They agree to
combine their efforts to secure the greatest possible
usefulness and utilization of statistical information and
to minimize the burdens placed upon national governments
and other organizations from which such information may be
collected. ICITO/EC.2/2/Add.1.
page 9.
2. The Organization recognizes the United Nations as
the central agency for the collection, analysis,
publication, standardization and improvement of statistics
serving the general purposes of international organizations.
3. The United Nations recognizes the Organization as
the appropriate agency for the collection, analysis,
publication, standardization and improvement of statistics
within its special sphere, without prejudice to the right
of the United Nations to concern itself with such
statistics so far as they may be essential for its own
purposes or for the improvement of statistics throughout
the world.
4. The United Nations shall, in consultation with the
specialized agencies, develop administrative instruments
and procedures through which effective statistical co-
operation may be secured between the United Nations and
the agencies brought into relationship with it.
5. It is recognized as desirable that the collection of
statistical information should not be duplicated by the
United Nations or any of the specialized agencies whenever
it is practicable for any of them to utilize information
or materials which another may have available.
6. In order to build up a central collection of
statistical information for general use, it is agreed that
data supplied to the Organization for incorporation in its
basic statistical series or special reports should, so far
as applicable, be made available to the United Nations.
ARTICLE XV
Administrative and Technical Services
1. The United Nations and the Organization recognize
the desirability, in the interest of administrative and
technical uniformity, and of the most efficient use of
personnel and resources, of avoiding, whenever possible,
the establishment and operation of competitive or over-
lapping facilities and services along the United Nations and
the specialized agencies.
2. Accordingly, the United Nations and the Organization
agree to consult together concerning the establishment and
use of common administrative and technical services and
facilities in addition to those referred to in Articles ICITO/EC 2/2/Add. 1.
page 10.
XIII, XIV and XVI, insofar as the establishment and use
of such services may from time to time be found practicable
and appropriate.
3. Arrangements shall be made between the United Nations
and the Organization in regard to the registration and
deposit of official documents.
4. The officials of the Organization shall have the
right to use the laissez-passer of the United Nations in
accordance with special arrangements to be negotiated
between the Secretary-General and the Director-General.
ARTICLE XVI
Budgetary and Financial Arrangements
1. The Organization recognnizes the desirability of
establishing close budgetary and financial relationships
with the United Nations in order that the administrative
operations of the United Nations and of the specialized
agencies shall be carried out in the most efficient and
economical manner possible, and that the maximum measure
of co-ordination and uniformity with respect to these
operations shall be secured.
2. The United Nations and the Organization agree to
co-operate to the fullest extent possible in achieving
the purposes of paragraph 1 of this Article. Accordingly
the following arrangements shall govern budgetary and
financial relationships between the United Nations and
the Organization :
(a) in the preparation of budgetary estimates of
the Organization the Director-General shall consult with
the Secretary-General with a view to achieving, insofar
as practicable, uniformity in the presentation of the
budgets of the United Nations and of the specialized
agencies for the purpose of providing a basis for
comparison of the several budgets;
(b) the Organization agrees to transmit its
budget or proposed budgetary estimates to the United
Nations by 1 July or such other date as may be agreed upon
by the United Nations and the Organization. The General
Assembly shall examine the budget or proposed budget of
the Organization and may make recommendations to it concern-
ing any item or items contained therein; ICITO/EC. 2/2/Add.1.
page 11.
(c) representatives of the Organization shall be
entitled to participate, without the right to vote, in the
deliberations of the General Assembly or any committee
thereof or established by it at all times when the budget.
of the Organization or general administrative or
financial questions affecting the Organization are under
consideration;
(d) the United Nations may undertake the collection
of contributions from these members of the Organization
which are also Members of the United Nations in accordance
with such arrangements as may be defined by a later
agreement between the United Nations and the Organization;
(e) the United Nations shall, upon its own
initiative or upon the request of the Organization,
arrange for studies to be undertaken concerning other
financial and fiscal questions of interest to the
Organization and to other specialized agencies with a
view to the provision of common services and the securing
of uniformity in such matters,
3. The Organization agrees to consult upon request
with the United Nations regarding the desirability and
feasibility of including the budget of the Organization
within a general budget of the United Nations.
ARTICLE XVII
Financing of Special Services
1. In the event of the Organization being faced with the
necessity of incurring substantial extra expense as a
result of any request which the United Nations may make
for special reports, studies or assistance in accordance
with Articles V, VI or VII or with other provisions of
this agreement, consultation shall take place with a
view to determining, the most equitable manner in which
such expense shall be borne,
2. Consultation between the United Nations and the
Organization shall similarly take place with a view to
making such arrangements as may be found equitable for
covering the costs of central administrative, technical
or fiscal services or facilities or other special
assistance provided by the United Nations. ICITO/EC. 2/2/Add. 1.
page 12.
ARTICLE XVIII
Inter-agency Agreements
The Organization agrees to inform the Council of
the nature and scope of any formal agreement contemplated
and to notify the Council of the conclusion of any
formal agreement between the Organization and any other
specialized agency or inter-governmental organization.
ARTICLE XIX
Liaison
1. The United Nations and the Organization agree to
the foregoing provisions in the belief that they will
contribute to the maintenance of effective liaison
between the two organizations. They affirm their
intention of taking whatever further measures may be
necessary to make this liaison fully effective.
2. The liaison arrangements provided for in the
foregoing articles of this agreement apply as far as appro-
priate to the relations between such branch or regional
offices as may be established by the two organizations
as well as between their central offices.
ARTICLE XX
Implementation of the Agreement
The Secretary-General and the Director-General may
enter into such arrangements for the implementation of
this Agreement as may be found desirable.
ARTICLE XXI
Revision
This Agreement shall be subject to revision by
agreement between the United Nations and the Organization
ARTICLE XXII
Entry into Force
This agreement shall come into force on its
approval by the General Assembly of the United Nations and
the Conference of the Organization. |
GATT Library | xr436hf2422 | Draft Agreement on Most-Favored-Nation Treatment for occupied areas of Western Germany : Item 15 on the Provisional Agenda. Proposed by the Government of the United States | General Agreement on Tariffs and Trade, August 23, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 23/08/1948 | official documents | GATT/CP.2/W/5 and GATT/CP.2/W.1-W.14 CP.2/W.1/Rev.1,CP.2/W.9/Corr.1,W.9/Add.1 | https://exhibits.stanford.edu/gatt/catalog/xr436hf2422 | xr436hf2422_91870456.xml | GATT_145 | 748 | 4,717 | RESTRICTED
GATT/CP.2/W/5
23 August 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
Contracting Parties
Second Session
Item 15 on the Provisional Agenda
DRAFT AGREEMENT ON MOST-FAVORED-NATION
TREATMENT FOR OCCUPIED AREAS OF WESTERN GERMANY
Proposed by the Government of the United States
Being desirous of facilitating to the fullest extent
possible the reconstruction and recovery of the world from
the destruction wrought by the recent war, and
Believing that one of the most important steps toward
such reconstruction and recovery on a permanent basis is the
restoration of international trade in accordance with the
principles of the Charter for an International Trade Organi-
zation drawn up by the United Nations Conference on Trade and
Employment at Havana and dated March 24, 19489
The signatories agree to the following provisions:
Article I
For such time as any signatory of this Agreement
participates in the occupation or control of any area in
western Germany, each of the signatories shall accord to the
merchandise trade of such area the treatment provided for in
the most-favored-nation provisions of the General Agreement on
Tariffs.and Trade, dated October 30, 1947, as now or hereafter
amended.
Article II
The undertaking by a signatory provided for in Article I
shall apply to the merchandise trade of any area referred to
therein only for such time and to such extent as such area
accords reciprocal most-favored-nation treatment to the GATT/CP. 2/W/ 5
page 2
merchandise trade of the territory of such signatory.
Article III
The undertaking in Article I is entered into in.the
light of the absence, on the date of this Agreement, of
effective or significant tariff barriers to imports into the
areas referred to therein. In the event that effective or
significant tariff barriers are thereafter imposed in any
such area, such undertaking shall be without prejudice to
the application by any signatory of the principles relating
to the reduction of tariffs on a mutually advantageous basis
which are set forth in the Havana Charter for an International
Trade Organization.
Article IV
1. This Agreement shall remain open for signature at
*the Headquarters of the United Nations. The Agreement shall
enter into force for each signatory on the day of signature
by such signatory.
2. The undertakings in this Agreement shall remain in
force until January 1, 1951 and, except for any signatory
which at least six months before January 1, 1951 shall have
deposited with the Secretary-General of the United Nations a
notice in writing of intention to withdraw from this Agree-
ment on that date, they shall remain in force thereafter
subject to the right of any signatory to withdraw upon the
expiration of six months from the date on which such a notice
shall have been so deposited.
Article V
1. The interpretative note to this Agreement shall
constitute an integral part thereof.
2. The original of this Agreement shall be deposited
with the Secretary-General of the United Nations, who shall GATT/CP .2/W/5
page 3
send a certified copy thereof to each country to which it is
open for signature, and he is authorized to effect registra-
tion thereof pursuant to paragraph 1 of Article 102 of the
Charter of the United Nations.
3. The Secretary-General shall promptly notify each
signatory of the date of each signature of this Agreement
subsequent to the date of the Agreement or of any notice of
intention to withdraw pursuant to paragraph 2 of Article IV.
IN WITNESS WHEREOF the respective representatives, duly
authorizedhave signed this Agreement.
Done at Geneva, in a single copy, in the English and
French languages, both texts authentic, this day of
August, 1948.
Csignatures7
Interpretative Note
It is recognized that the absence of a uniform rate of
exchange for the. currency of the areas in western Germany,
referred to in Article I may have the effect of indirectly
subsidizing the exports of such areas to an extent which it
would be difficult to calculate exactly. So long as such a
condition exists, and if consultation with the appropriate
authorities fails to result in an agreed solution to the
problem, it is understood that it would not be inconsistent
with the undertaking in Article I for any signatory to levy a
countervailing duty on imports of such goods, equivalent to the
estimaOed amount of such subsidization, where such signatory
determines that th&. suVbsidization is such as to cause or
threaten material injury to an established domestic industry or
is such as to prevent or materially retard the establishment
of a domestic industry. |
GATT Library | sg189rw3424 | Draft Charter Ecuador: proposed amendment : Chapter III - Economic Development | United Nations Conference on Trade and Employment, February 9, 1948 | Third Committee: Commercial Policy | 09/02/1948 | official documents | E/CONF.2/C.3/6/Add.6 and E/CONF.2/C.3/1-/ADD.45-C.3/9/ADD.1 | https://exhibits.stanford.edu/gatt/catalog/sg189rw3424 | sg189rw3424_90190080.xml | GATT_145 | 101 | 704 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C.3/6/
Add. 6
9 February 1948 ENGLISH
ORIGINAL: SPANISH
THIRD COMMITTEE: COMMERCIAL POLICY
DRAFT CHARTER
ECUADOR: PROPOSED AMENDMENT
Chapter III - Economic Development
Article 18
(Revised text appearing in the Report of Working Party 3 to
Sub-Committee A of Committee III, E/CONF.2/C.3/A/W.47, 6 February 1948)
National Treatment on Internal Taxation and Regulation
Add the following at the end of paragraph 2:
There provisions shall not apply to internal taxes on products
imported under State Monopolies of the kind referred to in Article 31
paragraph 6. |
GATT Library | qm954xy2995 | Draft decision relating to accession to the General Agreement on Tariffs and Trade | Contracting Parties, May 6, 1948 | Contracting Parties | 06/05/1948 | official documents | GATT/CP.3/WP.1/9 and GATT/CP.3/WP.1/1-10/Add.1 WP.1/5/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/qm954xy2995 | qm954xy2995_91870523.xml | GATT_145 | 243 | 1,601 | RESTRICTED
GATT/CP.3/ WP.1/9
6 May 1948
ORIGINAL: ENGLISH
Contracting Parties
Third Session
DRAFT DECISION RELATING 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 CON-
TRACTING PARTIES to the General Agreement, abd
WHEREAS ths present contracting parties have entered into
negotations directed towards the accession of the Govcrhmcnts
of (hereinaftsr referred to as "'the acceding governments")
to the General Agreement.
THE CONTRACTINGPARTIES HEREBY DECIDE THAT:
Each of the. acecding gov rnments may aacede to the Ganeral
Agreement on the terms set forth in the Annocy Prctocol of Accession
to the General Agreement on Tariffs and Trade, which is annexed to
this Decision.
THE CONTRACTING PRTIES RECOMMEND THAT:
Each of the present contracting parties should sign the Pro-
tocol above-mentioned at the carlist practicabla date.
CERTIFICATION BY THE CHAIRAN OF THE CONTRACTING PARTIES
AUTHNTING THE TEXT O F THIS DECISION THE PROTOCOL
ANNEXED THERETO..
I, L. Dana Wilgress, ehairman of the CUNTRACTING PARTIES to the
General Agrement on Tariffs and Trade, being duly authorized thereto
by the CONTRACTING PARTIES, hereby certii " - ; tbx?.authetie the text of
this DECISION and the Protocol annexed the.
* The text of the Draft Decision has not yet been revised by the
Legal Drafting Group. |
GATT Library | xd335qs6289 | Draft financial and staff regulations : Report of the Executive Secretary. (Item 11 of Provisional Agenda) | Interim Commission for the International Trade Organization, July 15, 1948 | Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee | 15/07/1948 | official documents | ICITO/EC.2/10 and ICITO/EC.2/7/N-ICITO/EC.2/11 | https://exhibits.stanford.edu/gatt/catalog/xd335qs6289 | xd335qs6289_90060203.xml | GATT_145 | 9,911 | 66,284 | INTERIM COMMISSION COMMISSION INTERIMAIRE DE RESTRICTED
FOR THE INTERNATIONAL L'ORGANISATION INTENALE ICITO/EC.2/10
TRADE ORGANIZATION DU I' COMMERCE 15 July 1948
ORIGINAL: ENGLISH
EXECUITIVE COMMITTEE
Second session
DRAFT FINANCIAL AND STAFF REGULATIONS
Report of the Executive Secretary
(Item 11 of Provisional Agenda)
The Resolution establishing an Interim Commission for the International
Trade Organization placed upon the Interim Commission the responsibility
for submitting to the first regular session of the Conference of the
Organization documents and recommendations relating, inter alia, to the
draft financial and staff regulations for the Organization.
In order to facilitate the work of the Interim Commission, the Executive
Secretary has prepared the attached draft financial and staff regulations,
based on the regulations approved for the United Nations Secretariat. A
comparison between the proposed text and the United Nations regulations
is provided and a few explanatory notes are included.
/DRAFT PROVISIONAL ICITO/EC.2/10 e .2
Page 2
DRAFT PROVISIONAL FINANCIAL REGULATIONS
FOR THE INTERNATIONAL TRADE ORGANIZATION
SCOPE AND APPLICATION
Regulation 1
These regulations are established
in accordance with the provisions of
Article 85 of the Havana Charter for an
International Trade Organization
(hereinafter referred to as "the
Charter" and the "Organization"
respectively), and shall be cited as the
Provisional Financial Regulations. They
shall become effective as from the date
of their approval by the Conference of
the Organization (hereinafter referred
to as "the Conference").
Regulation 2
These regulations shall govern the
financial administration of the
International Trade Organization.
THE FINANCIAL YEAR
Regulation 3
The financial year shall be the
calendar year, 1 January to December.
THE BUDGET
Regulation 4
The Director-General shall submit
to the regular annual session of the
Conference estimates for the following
financial year. He may also submit
such supplementary estimates as may be
deemed necessary for the current
financial year.
PROVISIONAL FINANCIAL REGULATIONS
OF THE UNITED NATIONS
SCOPE AND APPLICATION
Regulation 1
These regulations are established
in accordance with the provisions of
Rule 37 of the provisional rules of
procedure and shall be cited as the
Provisional Financial Regulations.
They shall become effective as from the
date of their approval by the General
Assembly.
Regulation 2
These regulations shall govern the
financial administration of the United
Nations, including the International
Court of Justice.
THE FINANCIAL YEAR
Regulation 3
The financial year shall be the
calendar year, 1 January to 31 December.
THE BUDGET
Regulation 4
The Secretary-General shall submit
to the regular annual session of the
General Assembly estimates for the
following financial year. He may also
submit such supplementary estimates
as may be deemed necessary for the
current financial year.
The estimates of the International
Court of Justice shall be prepared by
the Court, in consultation with the
Secretary-General, and shall be
NOTE:
Regulation 3: It is generally accepted that the financial year should coincide
with the calendar year. Consideration should be given, however, to the convenienc
of having this regulation coordinated with the date to be set for the Conference'
annual session, in order that sufficient time is allowed for the preparation of
the budget and for its submission to member Governments. /submitted /Regulation 6 :I .
ICITO/w. 2fLO
Page 3
Regulation 5
Tf estimates submitted to
the Conference shall be divided into
parts sections and chapters, and
shall be accompanied by:
(a) A detailed statement of
the estimated expenditure
provided for under each
chapter and each item of a
chapter;
(b) A statement of the
estimated miscellaneous or
other income under appropriate
headings;
(c) An explanatory statement
with regard to the expenditures
proposed in connection with any
new activity or any extension
of an existing activity;
(d) A statement of the
estimated expenditure of
the current financial year,
and the expenditures of the
last completed financial
year.
Regulation 4 ( cont )
submitted to the General Assembly
by the 9cretary-General, together
with such observations as he may
deem desirable.
Regulation 5
The estimates submitted to the
General Assembly shall be divided
into parts, sections and chapters,
and shall be accompanied by:
(a) A detailed statement of
the estimated expenditure
provided for under each chapter
and each item of a chapter;
(b) A statement of the
estimated miscellaneous or
other income under appropriate
headings;
(c) An explanatory statement
with regard to the expenditures
proposed I connection with
any new activity or any
extension of an existing
activity;
(d) A statement of the
estimated expenditure of the
current financial year, and
the expenditures of the last
completed financial year.
(e) An information annex
containing the budgets or
proposed budgets of the
specialized agencies, or
such summaries thereof as the
Secretary-General may deem
appropriate and useful.
NOTE:
Regulatin5:While there is still n agreement between the United Nations
enar~ie~Iizd a,ge the form of. ther budges tis regulation is kept
in line with ee United Nations escheme which,appears to b.appropriate for the
/Regulation 6 guiation 6 ge 41
Regulation 6
The estimates shall be submitted
to all Members of the Organization St
least two months prior to the opening
of the regular annual session of the
Concf.erene
Regulation 7
The estimates shall be submitted
to the Conference and referred to the
proper Committee for consideration
and report to the Conference.
Regulation 8
The adoption of the budget shall
constitute an authorization to the
Director-General to incur obligations
and make expenditures for the
purposes for which appropriations
have been voted and up to the amounts
so voted.
Regulation 6
The estimates shall be submitted
to the Advisory Committee on
Administrative and Budgetary Questions
(hereinafter referred to as the
"Advisory Comittee"), at least twelve
weeks prior to the opening of the
annual session of the General Assembly,
They shall be examined by the Advisory
Committee which shall prepare a
report thereon. The estimates,
together with the Committee's report,
shall be transmitted to all Members
at least five weeks prior to the
opening of the regular annual session
of the General Assembly.
Regulation 7
The estimates and the reports of
the Advisory Committee hereon shall
be submitted to the General Assembly
and referred to the Administrative
and Budgetary Committee of the
General Assembly for consideration
and report to the Assembly.
Regulation 8
The adoption of the budget shall
constitute an authorization to the
Secretary-General to incur obligations
and make expenditures for the purposes
for which appropriations have been
voted and up to the amounts so voted.
NOTE :
Regulation 6: It is assumed, throughout this draft, that no financial
authority is granted to the Executive Board of the Organization. It is believed,
however, that this is, not a desirable situation. The Interim Commission may
wish to consider recommending to the Conference of the Organization the granting
of some measure of financial authority to the Board. This authority may
include, among others, the performance of the following functions: (1) the
prteoparain of a report to the Conference on the budget submitted by the Director.
General; (2) the examination of requests for transfer of funds between parts of
thi budget and granting of authorization to the Director-General to effectuate
them; and (3) the examination of requests for use of monies from the Working
Capital Fund and granting of authorization to the Director-General for withdrawal
of approved amofrom orcm the fund.
/The appropriations /The appropriations ICITO/EC.2/10
Page 5
Regulation 8 (cont'd) Regulation 8 (cont'd)
The appropriations shall be The appropriations shall be
available for obligations in respect available for obligations in respect
of goods supplied and services rendered of goods supplied and services
in the financial year to which the rendered in the financial year to whic
appropriations relate. the appropriations relate.
The.Director-General shall make The Director-General shall make
allotments in writing from the allotments in writing from the
appropriations as voted by the appropriations as voted by the
Conference and under such further General Assembly and under such
sub-headings as may appear appropriate further sub-headings as may appear
and necessary, before obligations appropriate and necessary, before
are incurred thereunder. obligations are incurred thereunder,
TRANSFERS WITHIN APPROPRIATIONS TR ANSERFS WIHTIN APPROPRIATIONS
Regulation 9 Regulation 9
Transfers by the Director-General Transfers by the Secretary-Genera
within the total amount appropriated within the total amount appropriated
under the estimates may be made to the under the estimates may be made to
extent permitted by the terms of the the extent permitted by the terms of
budget resolution adopted by the the budget resolution adopted by the
Conference. General Assembly.
AVAILABILITY OF APPROPRIATIONS AT AVAILABILITY OF APPROPRIATION AT
THE CLOSE OF THE FINANCIAL YEAR THE CLOSE OF THE FINANCIAL YEAR
Regulation 10 Regulation 10
Appropriations shall remain Appropriations shall remain
available to the extent that they are available to the extent that they are
required to meet the outstanding required to meet the outstanding
obligations as at 31 December obligations as at 31 December
represented by goods supplied and represented by goods supplied and
services rendered ip to and including services rendered up to and including
that date. that date.
NOTES:
Regulation 9: Authority.for transfer of funds within appropriations by the
principal executive officer of the United Nations and Specialized Agencies is
generally restricted to a minimum. It is commonly accepted that authority for
major transfers should be subject to approval by a policy-making body. In the
case of ITO, as suggested in the note on Regulation 6, the Executive Board might
be charged with granting authority for transfers. The extent to which the
Director-General might be authorized to make minor transfers should be determined
in the annual appropriation resolution voted by the Conference since such
authority would be influenced by the total amounts voted, the division of
expenditures and similar factors.
Regulation 10: The proposed regulation, based entirely on the United Nations'
text, establishes the accounting system to be used by the Organization. This
system, usually called obligations incurred method' is followed by the United
Nations, ICAO, UNESCO and has been proposed for the WHO. Other specialized
agencies as a rule follow the cash method."
/Regulation 11 /Regulation 11 ICITO/EC.2/10 Page 6
Regulation 11
The balance of appropriations
shall be surrendered in accordance
with the provisions of Relation 14.
Outstanding obligations not
represented by goods supplied or
services rendered up to and
including 31 December shall be a
charge to the appropriations of
the succeeding year.
PROVISION OF FUNDS
Regulation 12
The appropriations, subject to the
adjustments to be effected in
accordance with the provisions of
Regulation 14, shall be financed
by contributions from Members according
to the scale of assessments determined
by the Conference. Pending the receipt
of such contributions, the
appropriations may be financed from the
Working Capital Fund.
Regulation 13
The Conference shall determine
the amount of the Working Capital
Fund and any sub-divisions thereof.
Regulation 14
In the assessment of the
contributions of Members, there shall
be adjustments to the amount of
appropriations approved by the
Conference for the following financial
year in respect of:
Regulation 11
The balance of appropriations
shall be surrendered in accordance
with the provisions of Regulation 17.
Outstanding obligations not
represented by goods supplied or
services rendered up to and
including 31 December shall be a
charge to the appropriations of
the succeeding year.
PROVISION OF FUNDS
Regulations 12
The appropriations, subjoect to the
adjustments to be effested in
accordance with the provisions of
Regulation 17, shall be financed
by contributions from Member- according
to the scale of assessments determined
by the General Assemably. Pending the
receipt of su contributions, the
appropriations may be financed from
the Working .tr.
Regulation 13
The General Assembly shall
determine the amount ofe th working
Capital Fund and any sub-divisions
thereof.
Regulation 14
In the assessment of the
contributions of Members, there shall
be adjustments to the amount of the
appropriations approved by the General
Assembly for the following financial
year in respect of:
NOTES:
Regulation 13 This regulation presupposes the establishment of a Working
Capital Fund, following the line adopted by the United Nations. The
establishment of the Fund is strlyong recommended by the experience of
specialized agencies and the United Nations.
/(a) Supplementary /(a) Supplementary ICITO/EC.2/10
Page 7
Regulation 14 (cont'd)
(a) Supplementary appropriations
for which contributions have
not previously been assessed on
the Members;
(b) Estimated miscellaneous
income for the financial year
to which the appropriations
relate;
(c) Miscellaneous income of
former years for which credit
has not previously been taken
into account, and deficiencies
in estimated income which was
previously taken into account;
(d) Contributions resulting
from the admission of new
Members under the provisions
of Regulation 16;
(e) Any balance of the
appropriations of the last
completed financial year
surrendered under Regulation 11.
Regulation 15
After the Conference has adopted
the budget and determined the amount
of the Working Capital Fund and its
sub-divisions, the Director-General
shall:
(a) Transmit all relevant
documents to Members;
(b) Inform Members of their
commitments in respect of
annual contributions and of
advances to the Working
Capital Fund;
(c) Request them to remit their
contributions and any advances
to the Working Capital Fund.
Regulation 14 (cont'd)
(a) Supplementary appropriations
for which contributions have
not previously been assessed
on the Members;
(b) Estimated miscellaneous
income for the financial year
to which the appropriations
relate;
(c) Miscellaneous income of
former years for which credit
has not previously been taken
into account, and deficiencies
in estimated income which was
previously taken into account;
(d) Contributions resulting from
the admission of new Members
under the provisions of
Regulation 19;
(e) Any balance of the
appropriations of the last
completed financial year
surrendered under Regulation 14.
Regulation 15
After the General Assembly has
adopted the budget and determined the
amount of the Working Capital Fund and
its sub-divisions, the Secretary-
General shall:
(a) Transmit all relevant
documents to Members;
(b) Inform Members of their
commitments in respect of
annual contributions and of
advances to the Working
Capital Fund;
(c) Request them to remit their
contributions and any advances
to the Working Capital Fund.
/Regulation 16
/Regulation 16 ICITO/EC. 2/10
Regulation 16
New Members shall be required to
make a contribution for the year in
which they are first admitted and an
advance to the Working Capital Fund,
at rates to be determined by the
Conference.
Regulation 17
Annual contributions and advances
to the Working Capital Fund shall be
assessed and paid in the currency of
the State in which the Organization
has its headquarters.
The Director-General may negotiate
with member governments the payment of
contributions in other currencies, if
this action is taken in the interest of
the Organization.
Regulation 18
Payments made by a Member shall be
applied first as a credit to the
Working Capital Fund and then to the
contributions due in the order in which
the Member was assessed.
CUSTODY OF FUNDS
Regulation 19
The Director-General shall
designate the bank or banks in which
the funds of the Organization shall
be kept.
Regulation 16
New Members shall be required to
make a contribution for the year in
which they are first admitted and an
advance to the Working Capital Fund,
at rates to be determined by the
General Assembly.
Regulation 17
Annual contributions and advances
to the Working Capital Fund shall be
assessed and paid in the currency of
the State in which the United Nations
has its headquarters.
Regulation 18
Payments made by a Member shall b
applied first as a credit to the
Working Capital Fund and then to the
contributions due in the order in whic
the Member was assessed.
CUSTODY OF FUNDS
Regulation 19
The Secretary-General shall
designate the bank or banks in which
the funds of the Organization shall
be kept.
Regulation 17 The proposed regulation amplifies the corresponding United
Nations text to the effect that contributions may be made in other than the
currency of the State in which the Organizations headquarters are located,
if such action is taken in the interest of the Organization. The wisdom
of the addition depends largely upon the location of the headquarters of
the organization.
/INTERNAL CONTROL
/INTERNAL CONTROL ICITO/EC. 2/10
Page 9
INTERNAL CONTROL
Regulation 20
The Director-General shall:
(a) Establish detailed
financial rules and procedures
in order to ensure effective
financial administration and
the exercise of economy;
(b) Cause an accurate record
to be kept of all capital
acquisitions and all supplies
purchased and used;
(c) Render to the Auditors
with the accounts a statement
as at 31 December of the
financial year concerned, showing
the supplies in hand and the
assets and liabilities of the
Organization together with a
statement of losses of cash,
stores and other assets written
off under Regulation 23;
(d) Cause all payments to be
made on the basis of supporting
vouchers and other documents
which ensure that the services
or commodities have been
received and that payment has
not previously been made;
(e) Designate the officials who
may receive monies, incur
obligations and make payments
on behalf of the Organization;
(f) Maintain an internal
financial control which shall
provide for an effective current
examination or review of
financial transactions in order:
/(i) To ensure
INTERNAL CONTROL
Regulation 20
The Secretary-General shall:
(a) Establish detailed
financial rules and procedures
in order to ensure effective
financial administration and
the exercise of economy;
(b) Cause an accurate record
to be kept of all capital
acquisitions and all supplies
purchased and used;
(c) Render to the Auditors
with the accounts a statement
as at 31 December of the
financial year concerned, showing
the supplies in hand and the
assets and liabilities of the
Organization together with a
statement of losses of cash,
stores and other assets written
off under Regulation 27;
(d) Cause all payments to be
made on the basis of supporting
vouchers and other documents
which ensure that the services
or commodities have been
received and that payment has
not previously been made;
(e) Designate the officials
who may receive monies, incur
obligations and make payments
on behalf of the United Nations;
(f) Maintain an internal
financial control which shall
provide for an effective current
examination or review of
financial transactions in order:
/(i ) To ensure
,
I ICITO/EC.2/10
Page10
Regulation 20 (cont'd)
(i) To ensure the regularity of
the receipt, disposal and
custody of all funds and
other financial resources
of the Orgainzation;
(ii) To ensure the conformity of
all expenditures with the
appropriations or other
financial provision voted
by the Conference;
(iii) To obviate any uneconomic
use of the resources of
the Organization.
Regulation 23
No contract, agreement or
undertaking of any nature, involving
a charge against the Organization
exceeding $100 (U.S.) shall be
entered into, or have any force or
effect, unless:
(a) Credits are reserved in the
accounts to discharge any
obligation which may come in
course of payment in the
financial year under such
contract, agreement or
undertaking;
(b) The charge is a proper one
against the Organization, and
(c) Proof has been provided that
the service is for the benefit
of the Organization and the
cost thereof is fair and
reasonable.
Regulation 20 (cont'd)
(a) To ensue the regularity of
the receipt, disposal and
custody of all funds and
other financial resources of
the Organization;
(ii) To ensure the conformity of
all expenditures with the
appropriations or other
financial provision voted
by the General Assembly.
(iii) To obviate any uneconomic use
of the resources of the
Organization.
Regulation 21
No contract, agreement or
undertakig of any nature, involving
a charge against the United Nations
exceeding $l0O (U.S.) shall be entered
into, or have any force or effect,
unless:
(a) Credits are reserved in the
accounts to discharge any
obligation which may come in
course of payment in the
financial year under such
contract, agreement or
undertaking;
(b) The charge is a proper one
against the United Nations; and
(c) Proof has been provided that
the service is for the benefit
of the United Nations and the
cost thereof is fair and
reasonable
Regulation 21: Mention is made in the proposed regulation of a national
currency (U.S.$). The final text on this point will depend upon the
decision as to the location of the headquarters of the Organization.
/The Auditors /The Board ICITO/EC. 2/10
Page 11
Regulation 21 (cont'd)
The Auditors shall draw the
attention of the Conference to any
case where, in the opinion of the
Auditors, any charge has been
improperly made or was in any way
irregular.
Regulation 22
The Director-General may make
such ex-gratia payments as he deems
to be necessary in the interests of
the Organization, provided that a
statement of such payments shall be
submitted to the Conference writh the
annual accounts.
Regulation 23
The Director-General may, after
full investigation, authorize the
writing off of losses of cash, stores
and other assets, subject to the
requirements of regulation 20 (c).
Regulation 24
Tenders for equipment, supplies
and other requirements shall be
invited by advertisement, except
where the Director-General deems
that, in the interest of the
Organization, a departure from the
rule is desirable.
THE ACCOUNTS
Regulation 25
The accounts of the Organization
shall be kept in the currency of the
State in which the Organization has
its headquarters, provided however,
that the local accounts of branch
offices may be maintained in the
currency of the country in which they
are situated.
/Regulation 26
Regulation 21 (cont'd)
The Board of Auditors shall draw the
attention of the General Asseembly to any
case where, in the opinion of the Board,
any charge has been improperly made or
was in any way irregular.
Regulation 22
The Secretary-General may make such
ex-gratia payments as he deems to be
necessary in the interests of the
United Nations, provided that a
statement of such payments shall be
submitted to the General Assembly with
the annual accounts.
Regulation 23
The Secretary-General may, after full
investigation, authorize the writing
off of losses of cash, stores and
other assets, subject to the
requirements of regulation 20 (c).
Regulation 24
Tenders for equipment, supplies
and other requirements shall be
invited by advertisement, except where
the Secretary-General deems that, in
the interest of the United Nations, a
departure from the rule is desirable,
THE ACCOUNTS
Regulation 25
The accounts of the Organization
shall be kept in the currency of the
State in which the United Nations has
its headquarters, provided however
that the local accounts of branch
offices may be maintained in the
currency of the country in which they
are situated.
/Regulation 26 ICITO /EC.2/10
Page 12
Regulation 26
There shall be established one
cash control record in which shall be
recorded all cash receipts accruing
to the benefit of the Organization.
The cash - patrol record shall be
divided into such subsidiary
receipts classifications as may be
deemed necessary.
Regulation 27
Cash shall be deposited in one or
more bank accounts as required; branch
accounts, or special funds which
involve a separation of cash assets,
shall be established as charges to
the cash control record under
appropriate regulations as to objects,
purposes and limitations of such
accounts and funds.
Regulation 28
The accounts shall consist of:
(a) Budget accounts showing:
(i) Original appropriations;
(ii) Appropriations after
modification by any transfer,
carried out in accordance
with the provisions of
regulation 9;
(iii) Credits, if any, other than
appropriations made
available by the Conference;
(iv) Allotments made;
(v) Obligations incurred;
(vi) Expenditures.
(b) A cash account showing all cash
receipts and actual disbursements
made;
(c) Separate accounts for the
Working Capital Fund, its sub-fund
which may be established;
/(d) Property records
Regulation 26
There shall be established one
cash control record in which shall be
recorded all cash receipts accruing to
the benefit of the Organization. The
cash control record shall be divided
into such subsidiary receipts
classifications as may be deemed
necessary.
Regulation 27
Cash shall be deposited in one or
more bank accounts as required; branch
accounts, or special funds which involve
a separation of cash assets, shall be
established as charges to the cash
control record under appropriate
Regulations as to objects, purposes
and limitations of such accounts and
funds.
Regulation 28
The accounts shall consist of:
(a) Budget accounts showing:
(i) Original appropriations;
(ii) Appropriations after
modification by any transfers,
carried out in accordance
with the provisions of
regulation 12;
(iii) Credits, if any, other than
appropriations made available
by the General Assembly;
(iv) Allotments made;
(v) Obligations incurred;
(vi) Expenditures.
(b) A cash account showing all cash
receipts and actual disbursements
made;
(c) Separate accounts for the
Working Capital Fund, its sub-funds, and
any other fund which may be established;
/(d) Property records ICITO/EC. 2/10
Page 13
Regulation 28 (cont 'd)
(d) Property records showing
(i) Capital acquisitions and
disposals;
(ii) Equipment and supplies
purchased, used and on hand;
(e) Such records as will provide for
a statement of assets and liabilities
for each fund at 31 December of each
financial year.
Regulation 29
The accounts shall be submitted
by the Director-General to the
Auditors by 31 March following the
end of the financial year.
EXTERNAL AUDIT
Regulation 30
The Conference shall, upon the
recommendation of the Executive Board,
appoint or employ a qualified person,
agency, authority, or firm, in no way
connected with the Organization, to
make, annually, and at such times as
may be necessary for special purposes,
an independent audit of the funds,
assets, and accounts of the
Organization.
Regulation 28 (cont'd)
(d) Property records showing:
(i) Capital acquisitions and
disposals;
(ii) Equipment and supplies
purchased, used and on hand;
(e) Such records as will provide for
a statement of assets and liabilities
for each fund at 31 December of each
financial year.
Regulation 29
The accounts shall be submitted
by the Secretary-General to the
Board of Auditors by 31 March following
the end of the financial year.
APPOINTMENT OF EXTERNAL AUDITORS
Regulation 30
A board of three auditors, each of
whom shall be the Auditor-General (or
officer holding equivalent title) of a
Member Government, shall be appointed
by the General Assembly as External
Auditors of the accounts of the United
Nations and of such specialized agencies
as shall have agreed thereto. The
appointments shall be made in the
following manner, and subject to the
following provisions:
(a) In 1947, and every year
thereafter, the General Assembly at
its regular session shall appoint
an auditor to take office from
1 July of the following year and
to serve for a period of three
years;
(b) The auditors in office shall
NOTE:
Regulation 30: The proposed regulation leaves to the Conference the appointment
of external auditors. It is deemed undesirable to establish en auditing
machinery similar to that of the United Nations since the expenditures involved
would be very high. Most of the Specialized Agencies have engaged private
firms to perform their external audit. On the other hand, the utilization
of the United Nations Board of, Auditors for the purpose may be examined at a
later stage. The text is intended to allow for the solution which appears best
at the time the Organization starts operating on a large scale.
/constitute ICITO/EC.2/10
Page 14
Regulation 30 (cont'd)
constitute the Board of Auditors,
which shall select its own ym Chairman
and adopt its own rules of
procedure.
(c) The Boarsd, ubJect to the
budgetary provision made by the
General Assembly for the cost of
audit, and after consultation with
the Advisory Committee on
Administrative and Budgetary
Questions relative to the scope of
the audit, may conduct the audit,
subject to the provisions of this
regulation, in such manner as it
thinks fit and may engage commercial
public auditors of international
repute;
(d) If any member of the Board
ceases to hold the national office
described in the opening paragraph
of this regulation, he shall be
replaced by his successor in the
national office described;
(e) The Board of Auditors shall
submit its report, together with the
certified accounts and such other
statements as it thinks necessary,
to the General Assembly to be
available to the Advisory Committee
on Administrative and Budgetary
Questions not later than 1 June
following the end of the financial
year to which the accounts relate.
The Advisory Committee shall forward
to the General Assembly its
comments, if any, on the audit
report;
(f) The audit shall be carried out
by thear Bod of Auditors subject to
the requirements of the General
Assembly as established by
resolution thereof.
HER - ICITO/EC. 2/10
Page 15
TRUST AND OTHER SPECIAL FUNDS
Regulation 31
Appropriate separate accounts
shall be maintained for trust funds
and other special funds for the
purpose of accounting for unclaimed
monies, monies received and held in
suspense, and for projects where the
transactions involve a cycle of
operations. The purpose and limits
of each trust or other special fund
established shall be clearly defined
by the appropriate authority.
INVESTMENTS
Regulation 32
The Director-General may make
short-term investments of monies
which are not needed for immediate
requirements and shall inform the
Executive Board periodically of the
investments which he has made.
Regulation 33
Income from investments of the
Working Capital Fund shall be
accounted for as miscellaneous income.
Income from investments of the
Staff Provident Fund shall be held in
the Fund for ultimate credit to the
Pension Fund.
/RESOLUTIONS
TRUST AND OTHER SPECIAL FUNDS
Regulation 31
Appropriate separate accounts
shall be maintained for trust funds
and other special funds for the
purpose of accounting for unclaimed
monies, monies received and held in
suspense, and for projects where the
transactions involve a cycle of
operations. the purpose and limits of
each trust or other special fund
established shall be clearly defined
by the appropriate authority.
INVESTMENTS
Regulation 32
The Secretary-General may make
short-term investments of monies which
are not needed for immediate
requirements and shall inform the
Advisory Committee periodically of the
investments which he has made.
Notwithstanding these provisions, the
Secretary-General may make long-term
investments on account of the Joint
Staff Pension Scheme on the advice of
the Investments Committee,
established under the Provisional
Regulations for the United Nations
Joint Staff Pension Scheme, and in
respect of the Library Endowment and
other special funds.
Regulation 33
Income from investments of the
Working Capital Fund shall be
accounted for as miscellaneous income.
Income from investments of the
Staff Provident Fund shall be credited
to the Pension Fund.
/COUNCIL
, . , o..;?
.1 ? .1 . - . il .
I I . I I ? ICITO/EC.2/10
Page 16
RESOLUTIONS INVOLVING EXPENDITURES
Regulation 34
No resolution involving
expenditure from the Organization funds
shall be approved by the conference of
the Organization or by the Executive
Board unless the conference or the
Board has before it a report from the
Director-General on the financial
implications of the proposals and an
estimate of the costs involved in the
specific proposal.
Where, in the opinion of the
Director-General, the proposed
expenditure cannot be made from the
existing appropriations, it shall
not be incurred until the Conference
has made the necessary
appropriations unless the Director-
General certifies that provision can
be made under the conditions of the
resolutions of the Conference
relating to unforeseen and extraordinary
expenses and the Working Capital Fund.
COUNCIL RESOLUTIONS INVOLVING UNITED
NATIONS EXPEIDITURES
Regulation 34
No resolution involving expenditure
from the United Nations funds shall be
approved by a Council unless the Council
has before it a report from the
Secretary-General on the financial
implications of the proposals and an
estimate of the costs involved in the
specific proposal.
Where, in the opinion of the
Secretary-General, the proposed
expenditure cannot be made from the
existing appropriations, it shall not
be incurred until the General Assembly
has made the necessary appropriations
unless the Secretary-General certifies
that provision can be made under the
conditions of the resolutions of the
General Assembly relating to unforeseen
and extraordinary expenses and the
Working Capital Fund.
/PROVISIONAL
/DRAFT ICITO/EC. 2/10
Page 17
DRAFAT PROVISIONAL STAFF REGULATIONS FOR
THE INTERNATIONAL TRADE ORGANIZATION
CHAPTER I
DUTIES AND OBLIGATIONS OF THE SECRETARIAT
Regulation 1
The Director-General and all
members of the Staff of the Organization
are international civil servants and
their responsibilities are not national
but exclusively international. By
accepting appointment, they pledge
themselves to discharge their functions
and to regulate their conduct with the
interests of the International Trade
Organization only in view. In the
performance of their duties they shall
not seek nor receive instructions from
any Government or from any other
authority external to the Organization.
All members of the staff are subject
to the authority of the Director-
General, and are responsible to him in
the exercise of their functions.
Regulation 2
Upon accepting their appointment,
all members of the staff shall
subscribe to the following oath or
declaration:
"I solemnly swear (undertake,
affirm, promise) to exercise in all
loyalty, discretion and conscience the
functions entrusted to me as a member
of the international service of
PROVISIONAL STAFF REGULATIONS OF
THE UNITED NATIONS
Regulation 1
The Secretary-General and all
members of the staff of the
Organization are international civil
servants, and their responsibilities
are not national but exclusively
international. By accepting
appointment, they pledge themselves
to discharge their functions and to
regulate their conduct wiith the
interests of the United Nations only i
view. In the performance of their
duties they shall not seek nor receive
instructions from any government or
from any other authority external to
the Organization. All members of the
staff are subject to the authority of
the Secretary-General, and are
responsible to him in the exercise of
their functions.
Regulation 2
Upon accepting their appointment,
all members of the staff shall
subscribe to the following oath or
declaration:
"I solemnly swear (undertake,
affirm, promise) to exercise in all
loyalty, discretion and conscience the
functions entrusted to me as a member
of the international service of
NOTE:
Regulation 2: The Commission on Administrative and Financial Questions, in its
report to the General Assembly of ICAO, suggested that it would be advisable
to make, it clear "that an individual.undertake to regulate his official
conduct with the interest of the Organization alone in view". Although the
"oath of acceptance" included in ICAO's staff regulations differs in some
respects from the United Nations text, a similar qualification could be
introduced in the text proposed above.
/the International /the United Nations,
i
1. . . ., ." ' ; I I I ?. I I
., ? I . 1.
? . 1 1 I I I ~~~~~~~. lt11.
IPaO/2/10
Page 18
Re'atio'n 2 (contFd
the International Trade Organization, to
discharge those functions and regulate
my conduct with the interests of the
Organization only in view, and not
to seek or accept instructions in
regard to the performance of my duties
from any government or other authority
eternal to the Organization."
Regulation 3
The oath or declaration shall be
made orally by the Director-General at
a session of the Conference, and by the
other high officers in public before
the Director-General or his authorized
deputy.
Regulation 4
The immunities and privileges
attaching to the International Trade
Organization by virtue of Article 90 of
the Charter are conferred in the
interests of the Organization. These
privileges and immunities furnish no
excuse to the Staff members who enjoy
them for non-performance of their
private obligations or failure to
observe laws and police regulations.
Thny case where these privileges and
r=unies arise, the staff member
concerned shall immediately report to
the Director-General, with whom alone
it rests to decide whether they shall
i.aived.
Rulegation 2 (co'ntd)
the United Nations, to discharge those
reactions and regulate my conduct with
the interests of the United Nations
only in view, and not to seek or accept
instructions in regard to the
performance of my duties from any
government or other authority external
to the Organization."
Regulation 3
The oath or declaration shall be
made orally by the Secretary-General
andAssistant Secretaries-General at
a public meeting of the General Assembl
and by the other higher officers in
public before the Secretary-General or
his authorized deputy,
Regulation 4
The immunities and privileges
attaching to the United Nations by
virtue of Article 105 of the Charter
are conferred in the interests of the
Organization. These privileges and
immunities furnish no excuse to the
staff members who enjoy them for
non-performance of their private
obligations or failure to observe laws
and police regulations. In any case
where these privileges and immunities
arise, the staff member concerned shall
immediately report to the Secretary-
General with whom alone it rests to
decide whether they shall be waived.
Regulation 4: In principle, staff members of international organizations enjoy
he immunities and privileges conferred on the organization. It may be
necessaryh, owever, to determine, at a later stage, the personnel to which
this provision should apply, since it may be desirable to exclude some
categories of staff members, e.g., personnel paid at hourly rates and personnel
specifically engaged for short term service.
/Regulation 5 /Regulation 5 ~
ITO/EC.E//10
Page 19 pfi~~~~~~~~"H 19 ';.
Regulation 5
Members of the staff hall exeioide
the utmost discretion in regal Xp
matters of official business. They
&a not communicate to any person
any unpublished information known to
them by reason of their official
position except in the course of their
duties or by authorization of the
Director-General.
Regulation 6
Members of the staff shall avoid
any action, and in particular any kind
of public pronouncement or activity
which may adversely reflect on their
position as international civil
servants. They are not expected to
give up their national sentiments or
their political and religious
convictions; but they shall at all
times bear in mind the reserve and
tact incumbent upon them by reason of
their international status.
Regulation 7
No member or the staff, without
the prior authorization of the
Director-General, shall accept, hold
or engage in any office or occupation
if such office or occupation is not
deemed by the Director-General
compatible with the proper discharge
of his duties with the International
Trade Organization.
Regulation 8
Any member of the staff who
becomes a candidate for a public
office of a political character shall
resign from the Secretariat.
Regulation 5
Members of the staff shall exercise
the Utmost discretion lftfgard
matters of official. business. They
shall not commutate to any person
any unpublished information know to
them by reason of their official
position except in the course of their
duties or by authorization of the
Secretary-General.
Regulation 6
Members of the staff shall avoid
any action, and in particular any kind
of public pronouncement or activity
which may adversely reflect on their
position as international civil
servants. They are not expected to
give up their national sentimental or
their political and religious
convictions; but they shall at all
times bear in mind the reserve and tact
incumbent upon them by reason of their
international status,
Regulation 7
No member of the staff shall
accept, hold, or engage in any office
or occupation which in the opinion of
the Secretary-General is incompatible
with the proper discharge of his
duties with the Uited Nations.
Regulation 8
Anrmember of the staff who
becomes a candidate for a public
office of a political character shall
resign from the Secretariat.
/Eiuation 9
Mogulation , I -
ICITO/P. 240
Page 20
Regulation 9
Nholl menb f the staff s a
cncfp an,yf vnor,ur, deuoraioh, ttoe
giftorrfee frorom any Government b
from any other source external to the
Organization during the period of
his appointment, except for war
services, or for services rendered
before appointment.
Regulation 9
No member of the staff shall
ad~bany honour) decoration, favour,
giftor fee from any Government or
frotany other source external to the
Organization during the period of
his appointmrnw, except fox War
services I
CHAPTER II
APPOINMMNT PROBATION APD ROMOTION
Regulation 10
Men and women are equally eligible
for all posts in the Secretariat.
Regulation 11
So far as practicable, appointments
to posts in the Secretariat shall be
made on a competitive basis.
Regulation 12
Persons appointed to permanent
posts in the Secretariat shall serve
such probat4 u-; as may be
prescribed by the Director-General.
The appointment of any member of
the staff for a probationary period or
on a short-term contract, which shall
include any temporary contract, may
be subject to such conditions as the
Directolr-Genera may deem desirable.
Regulation 13
The Director-General may provide
facilities to train members of the
staff in subjects relating directly
or indirectly to their duties. This
training shall apply particularly to
Regulation 10
Men and women are equally eligible
for all posts in the Secretariat.
Regulation 11
So far as practicable,
appointments to posts in the
Secretariat shall be made on a
competitive basis.
Regulation 12
Persons appointed to permanent
posts in the Secretariat shall serve
such probationary period as may be
prescribed by the Secretary-General.
Regulation 13
The Secretary-General shall
provide facilities to train members
of the staff in subjects relating
directly or indirectly to their
duties. This training shall apply
NOTE:
Ag ulationl3: It is deemed desirable to change the wording of the
corresponding United Nations regof traininingmn order that the provfisionning o trai
to staff members may be left to the discretion of the Director-General.
/members /particularly ICITO/EC.2/10
Page 21
Regulation 13 (cont'd)
members on probation whose earlier
educational opportunities have been
inadequate or whose language
qualifications are deficient.
Regulation 14
With due regard to Article 85 of
the Charter and without prejudice to
the inflow of fresh talent at the
various levels, vacancies shall be
filled by promotion of persons already
in the service of the International
Trade Organization in preference to
appointments from outside. This
consideration may also be applied, on
a reciprocal basis, to staff of the
United Nations and the specialized
agencies brought into relationship with
the Organization.
Regulation 15
The Director-General shall provide
machinery through which members of the
staff may participate in the discussion
of conditions relating to appointment
and promotion.
Regulation 13 (cont'd)
particularly to members on probation
whose earlier educational opportunities
have been inadequate or whose language
qualifications are deficient.
Regulation 14
With due regard to the maintenance
of the staff on as wide a geographical
basis as possible and without
prejudice to the inflow of fresh
talent at the various levels
vacancies shall be filled by promotion
of persons already in the service of
the United Nations in preference to
appointments from outside. This
consideration shall also be applied,
on a reciprocal basis, to the
specialized agencies brought into
relationship with the Organization.
Regulation 15
The Secretary-General shall
provide machinery through which
members of the staff may participate
in the discussion of questions relating
to appointment and promotion.
CHAPTER III
SALARIES AND ALLOWANCES
Regulation 16
Pending the adoption of a
permanent classification plan, the
salaries of the members of the staff
other than the Deputy-Directors-
General shall be determined by the
Regulation 16
Pending the adoption of a
permanent classification plan, the
salaries of the members of the staff
other than Assistant Secretaries-
General and Directors shall be
NOTES:
Regulation 14: As in the case of regulation 13 above, it is thought desirable
to change the wording of the corresponding United Nations regulation in order
not to bind the Organization to a procedure which is not yet tested.
Regulation 16: The final part of the corresponding United Nations regulation
is taken out in order that a general provision, aiming at the use of United
Nations scales of salaries and allowances, be included. The present draft
would require reconsideration if the United Nations adopts internal taxation
plan and if the Interim Commission were to recommend against the adoption of
such a plan by the ITO.
/Director-General, /determined
, , ,
, ., ICITO/EC.2/10
Page 22
Regulation 16 (cont'd)
Director-General, who shall follow in
principle the scales of salaries and
allowances followed by the United
Nations.
Regulation 16 (cont'd)
determined by the Secretary-General
within a range between the salary
adopted by the General Assembly for
the post of Director and the best
salaries and wages paid for
stenographic, clerical and manual world
at the seat of the United Nations.
CHAPTER IV
HOURS OF WORK
Regulation 17
The whole time of members of the
staff shall be at the disposal of the
Director-General. The Director-General
shall establish a normal working week.
Regulation 17
The whole time of members of the
staff shall be at the disposal of the
Secretary-General. The Secretary-
General shall establish a normal
working week.
CHAPTER V
LEAVE
Regulation 18
Members of the staff shall be
allowed sick leave, maternity leave,
special leave, annual local leave
and home leave, as prescribed by the
Director-General.
Regulation 18
Members of the staff shall be
allowed sick leave, maternity leave,
special leave, annual local leave and
home leave, as prescribed by the
Secretary-General.
CHAPTER VI
DISCIPLINARY MEASURES
Regulation 19
The Director-General may impose
disciplinary measures on members of
the staff whose conduct or work is
unsatisfactory. He may discharge a
member of the staff who persistently
fails to give satisfactory service.
He may summarily dismiss a member of
the staff for serious misconduct.
Regulation 19
The Secretary-General may impose
disciplinary measures on members of
the staff whose conduct or work is
unsatisfactory. He may discharge a
member of the staff who persistently
fails to give satisfactory service.
He may summrily dismiss a member
of the staff for serious misconduct.
/CHAPTER VII ICITO/EC . 2/10
Page 23
TERMINATION OF APPOINTMENTS
Regulation 20
The normal age of retirement for
members of the staff shall be 60 years.
In exceptional circumstances the
Director-General may, in the interest
of the Organization, extend this age
limit to 65 years.
Regulation 21
The Director-General may terminate
the appointment of a member of the staff
in accordance with the terms of his
appointment if made under the
provisions of Regulation 12, Section 2
or, if the necessities of the service
require, the abolition of the post or
a reduction of the staff, or if the
services of the individual concerned
prove unsatisfactory.
Regulation 22
If the Director-General terminates
an appointment under Regulation 21, he
shall give at least three months'
notice and pay an indemnity equivalent
to at least three months' salary.
These provisions of notice and
indemnity shall not apply to
probationers, to persons holding
Regulation 20
The normal age of retirement for
members of the staff shall be 60 years
In exceptional circumstances the
Secretary-General may, in the interest
of the Organization extend this age
limit to 65 years, if it would be in
the interest of the United Nations to
do so.
Regulation 21
The Secretay-General may
terminate the appointment of a member
of the staff if the necessities of
the service require the abolition of
the post or a reduction of the staff,
or if the services of the individual
concerned prove unsatisfactory.
Regulation 22
If the Secretary-General
terminates an appointment under
Regulation 21 he shall give at least
three months notice and pay an
indemnity equivalent to at least three
months' Salary. The amount of the
indemnity shall be increased with
length of service up to a maximum of
NOTES:
Regulation 20: The normal age of retirement for members of the staff is closely
Related to the pension scheme to be adopted. A note on the question of pension
scheme is given at the foot of regulation 26.
Regulation 22: In the proposed regulation that part of the United Nations text
is excIuded which it is foreseen that the amount of indemnity (upon
termination) shall be increased with length of service. It is believed that,
since a minimum indemnity is established in the regulation, complementary
dispositions may be dealt with by a rule and need not be included in the
regulations, at least for the present.
/short-term /9 months ICITO/EC. 2/10
Page 24
Regulation 22 (cont'd)
short-term contracts or to persons
summarily dismissed.
Regulation 23
The Director-General shall establish
administrative machinery for inquiry and
appeal in disciplinary and termination
cases. This machinery shall provide for
staff participation.
Regulation 22 (cont'd)
9 months salary. These provisions of
notice and indemnity shall not apply
to probationers, to persons holding
short-term contracts, or to persons
summarily dismissed.
Regulation 23
The Secretary-General shall
establish administrative machinery for
inquiry and appeal in disciplinary and
termination cases. This machinery
shall provide for staff participation.
CHAPTER VIII
TRAVELLING EXPENSES AND ALLOWANCES
Regulation 24
The travel expenses and travel
allowances of members of the staff in
respect of authorized journeys on the
business of the International Trade
Organization shall be paid by the
Organization subject to such
conditions as may be prescribed by the
Director-General.
Regulation 25
Subject to such conditions as may
be prescribed by the Director-General,
the International Trade Organization
shall pay the removal costs and the
travel expenses and travel allowances
of members of the staff, and, in
appropriate cases, their wives and
dependent children:
(a) upon appointment to the
Secretariat and on subsequent
change of official station;
(b) at appropriate intervals for
a Journey to and from the place
recognized as the staff member's
home at the time of the initial
appointment;
/(c) upon termination
Regulation 24
The travel expenses and travel
allowances of members of the staff in
respect of authorized journeys on the
business of the United Nations shall
be paid by the Organization subject
to such conditions as may be
prescribed by the Secretary-General.
Regulation 25
Subject to such conditions as
may be prescribed by the Secretary-
General, the United Nations shall pay
the removal costs and the travel
expenses and travel allowances of
members of the staff, and, in
appropriate cases, their wives and
dependent children:
(a) Upon appointment to the
Secretariat and on subsequent
change of official station;
(b) at appropriate intervals for
a journey to and from the place
recognized as the staff member's
home at the time of the initial
appointment; and
/(c) upon termination ICITO/EC.2/10
Page 25
Regulation 25 (cont'd)
(c) upon termination of appointment
Regulation 25 (cont'd)
(c) upon termination of
appointment.
CHAPTER IX
STAFF PROVIDENT FUND
Regulation 26
Pending the establishment of a
permanent staff retirement scheme, a
deduction shall be made from the
salaries of members of the staff and
paid into a staff provident fund to
which the Organization shall make an
additional contribution.
Regulation 26
Pending the establishment of a
permanent staff retirement scheme, a
deduction shall be made from the
salaries of members of the staff and
paid into a staff provident fund to
which the United Nations shall make
an additional contribution.
NOTE:
Regulation 26: The proposed text leaves open the question of adoption of a
permanent retirement scheme. Agreement is being sought by the United Nations
that all specialized agencies or a great majority of them be affiliated with
the United Nations pension scheme. This scheme, which is expected to be
adopted at the next General Assembly in Paris, contains the following principal
points:
Retirement age
Basis of benefits
Maximum of retirement pension
Disability pension
Withdrawal benefits:
Within first 5 years of service
After first 5 years of service
Widow' s pensions:
In active service
After service retirement
After disability retirement
Death benefit payable to any
60 years
Average salary during last ten years
50 per cent of average salary during
last ten years.
Same as retirement pension, with
minimum of 33 1/3 per cent.
Participant 's own contribution plus
interest; in cash
Actuarial equivalent in cash
50 per cent of disability pension
50 per cent of participant's pension
50 per cent of participant's pension
designated beneficiaries Participant's own contribution plus
interest; payable on death in active
service when no widow's pension is
payable.
Orphans benefits $300 per annum for a half-orphan and
$600 per annum for a full orphan
The cost of the scheme expressed as percentage of salary is 21 per cent.
The participants would contribute 7 per cent and the Organization 14 per cent
of their salaries.
Another scheme has been adopted by the International Bank and the
International Monetary Fund showing same differences in the benefits payable and
having two main points of disagreement, the retirement age is 65 and the
overall cost of the plan is only 18 per cent of the participant's salary of
which 12 per cent is borne by the organization. /CHAPTER X ICITO/EC .2/10
Page 26
CHAPTER X
SPECIAL INDEMNITIES
Regulatlon 27
A member of the staff who is injured
as a result of an accident incurred in
the course of his duty or who is compell-
ed to discontinue his employment as a
result of sickness directly attributed
to his work in the service of the
Organization shall receive reasonable
compensation. Should the staff member
die in such circumstances, reasonable
compensation shall be paid to his widow
or such dependent as the Director-
General may determine.
Regulation 27
A member of the staff who is injured
as a result of an accident incurred In
the course of his duty or who is
compelled to discontinue his employment
as a result of sickness directly
attributable to his work in the service
of the United Nations shall receive
reasonable compensation. Should the
staff member die in such circumstances,
reasonable compensation shall be paid to
his widow or such dependents as the
Secretary-General may determine.
/CHAPTER XI ICITO/EC.2/10
Page 27
CHAPTER XI
ADMINISTRATIVE TRIBUNAL
Regulation 28
And dispute which cannot be resolved
internally arising between the
Organization and a member of the staff
regarding the fulfilment of the contract
of the said member or arising out of
disciplinary action shall be referred
for final decision to an international
Administrative Tribunal which may be
designted or, if necessary, established
by the Executive Board until definitive
arrangements have been made with the
United -Nations.
NOTE:
Regulation 28: The proposed regulation forsees the establishment of an
administrative tribunal, if necessary, or the designation of an existing one, to
deal with disputes arising between the Organization and a member of the Staff and
which cannot be resolved internally.
It is thought desirable to bring the problem to the attention of the Interim
Commission, since this is a point on which no final decision has been reached by
the United Nations.
The Preparatory Commission of the United Nations which met in London,
recommended the establishment of the Tribunal as a means of allowing staff member
to have recourse to a body outside the administrative framework of the United
Nations if a decision taken by the Administration appeared to be contrary to the
staff rules and relations. A drafting committee was established and a draft
statute for the tribunal was submitted to the second part of the First Session
of the General Assembly. At the suggestion of some Delegations, the matter
was, however, postponed and has not been dealt with so far.
The ILO has established an administrative tribunal and the Interim
Commission of the WHO has suggested the adoption of a provision similar to the
text proposed above.
/CHAPTER XII ICITO/EC .2/10
page 28
CHAPTER XII
GENERAL PROVISIONS
Regulation 29
These regulations may be supplemented
or amended by the Conference of the
Organization without prejudice to the
acquired rights of members of the staff.
Regulation 30
The Director-General shall report
annually to the International Trade
Organization such staff rules and
amendments thereto as he may make to
implement these regulations, after
confirmation by the Executive Board.
Regulation 23
These regulations may be supplement
supplemented or amended by the General
Assembly without prejudice to the
acquired rights of members of the staff
Regulation 29
The Secretary-General shaIl report
annually to the General Assembly such
staff rules and amendments thereto as
he may make to implement these
regulations.
XII CHILDRENS ALLOWANCES AND
EDUCATION GRANTS
Regulation 30
As from 1 January 1948, full-time
members of the staff, with the exception
of those specifically excluded by
resolution of the General Assembly,
shall be entitled to a children's
allowance of $200 (U.S.) per annum in
respect of each child under the age of
sixteen years, or, if the child is in
full-time attendance at a school or a
university (or similar educational
institution) under the age of eighteen
or twenty-two years respectively;
provided that, if both parents are
members of the staff of United Nations,
only one allowance will be paid in
respect of each of their children; and
provided further that, where the
Secretary-General deems it advisable,
no allowance or an allowance of an
amount other than $200 (U.S.) may be
paid under special circumstances, as for
example, short-term assignments or
assignments at duty stations where the
levels of United Nations salary scales
are fixed at levels varying from the
Headquarter's scale.
/Regulation 31 Regulation 31
The allowance shall continue to be
payable in respect of his children to a
full-time member of the staff who becomes
entitled under the United Nations Joint
Staff Pension Fund Regulations to a
retirement or a disability benefit and to
a widow if in receipt of a widow benefit.
Regulation 32
Upon the death of a person who
receives a children's allowance under
these regulations, and following the
death of the other parent, there shall be
paid to the legal guardian of each child
an allowance of $400 (U.S.), or such
other appropriate amount as may be fixed
by the United Nations Staff Pension
Committee, having regard to the further
proviso to Regulation 30.
Regulation 33
Each full-time member of the staff,
with the exception of those specifically
excluded by a resolution of the General
Assembly, entitled to receive a children'
allowance under Regulation 30, who is
employed by the United Nations in a
country other than his own country as is
specified in his letter of appointment
shall be entitled to the following
education grant:
(a) The sum of $200 (U.S.) per
annum for each child, in respect of
whom a children's allowance is
payable, in full-time attendance
at a school or a University In his
home country; provided that where
a child attended such an educational
institution for a period of less than
two-thirds of any one scholastic
year, the allowance shall be reduced
to such proportion of $200 (U.S.) as
the period so attended bears to a fu
full scholastic year; (b) once in each scholastic
year the travelling expenses of
the outward and return Journey of
such a child by a route approved
by the Secretary-General;
(c) In the event staff members
elect to send their children to
special national schools in the
area where they are serving,
including international schools
organized for children of United
Nations staff members, rather
than to schools in their home
countries, the United Nations will
pay for each child otherwise
eligible for the education grant
an allowance equal to the
difference between the cost of
education at the special school
which he attends and the cost at
a comparable school attended by
children of persons normally
resident in the area, provided the
allowance shall not exceed $200
(U.S.) per year. This allowance
shall be payable only when there
Is a valid reason for the child
not to attend school in the home
country, for instance, in the case
of children under eleven years of
age or when the health of the
child is such that return to the
home country is not feasible.
If both parents are members of
the staff of the United Nations
only one grant will be paid in
respect of each of their children.
/Regulation 34 ICITO/EC.2/10
Page 31
Regulation 34
The Secretary-General may decide
in each case whether allowances or
grants under Regulations 30 and 33
shall extend to adopted children or
step-children.
NOTE:
Regulation 34: United Nations Regulations 30 to 34 above deal in detail
with children's allowances and education grants. It appears unnecessary to
include such detailed provisions in the text of the ITO staff regulation,
since these allowances and grants should be regulated like all other
allowances, by subsidiary rules to be prepared and approved at a later stage
by the Director-General. |
GATT Library | mf642qm0442 | Draft Instrument of Accession | General Agreement on Tariffs and Trade, November 8, 1948 | General Agreement on Tariffs and Trade (Organization) and Committee of Contracting Parties on Special Exchange Agreements | 08/11/1948 | official documents | GATT/CEA/W.5. 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/mf642qm0442 | mf642qm0442_90310160.xml | GATT_145 | 261 | 1,780 | RESTRICTED
GATT/CEA/W.5.
8th November,1948
English only.
GENERAL AGREEMENT ON TARIFFS AND TRADE
COMMITTEE OF CONTRACTING PARTIES ON SPECIAL EXCHANGE AGREEMENTS
Draft Instrument of Accession
The Government of ....... represented by .........
Considering that article XV of the General Agreement on Tariffs End Trade
(hereinafter called the General Agreement) relates to exchange
arrangements:
Considering that paragraph 6 of that Article 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 consultation with the Funds become a member
of the Fund, or, failing that, enter into a special exchange agreement
with the CONTRACTING PARTIES:
Considering further that in accordance with paragraph 7 of Article XV
of the General Agreement 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 may not impose obligations on the 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 accedes to the special exchange agreement submitted by the
CONTRACTING PARTIES in accordance with the resolution of the said
CONTRACTING PARTIES of the ..(date)..., and in accordance with
article XV of the special exchange agreement specifies:-
1. Initial par value.
2. Transitional arrangement.
3. Fiscal agent.
4. Territories for which agreement accepted. |
GATT Library | dr657cq7825 | Draft Memorandum on Tariff Negotiations | General Agreement on Tariffs and Trade, August 20, 1948 | General Agreement on Tariffs and Trade (Organization), Contracting Parties, and Working Party No. 2 on Future Tariff Negotiations | 20/08/1948 | official documents | GATT/CP.2/WP.2/3/REV.1 and GATT/CP.2/WP.2/1-5 WP.2/2 not issued WP.2/3/Rev.1-3 | https://exhibits.stanford.edu/gatt/catalog/dr657cq7825 | dr657cq7825_91870474.xml | GATT_145 | 1,678 | 10,904 | RESTRICTED
LIMITED C
GATT/CP. 2/WP. 2/3/REV .1
20 August 1948
Original: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
Contracting Parties
Second Session.
Working Party No.2 on Future Tariff Negotiations
Draft Memorandum on Tariff Negotiations
Purpose of the Negotiations
The Contracting Parties to the General Agreement on
Tariffs and Trade, at their Second Session in Geneva on
August 16 - 24, 1948 resolved to invite the governments
which showed their interest in the proposed International
Trade Organization, by accepting the invitation to the
United Nations Conference on Trade and Employment at
Havana, to enter into negotiations with a view to their
accession to the Agreement.
In 1947 the Contracting Parties, in their capacity
as members of the Preparatory Committee for the Trade and
Employment Conference, gave effect to one of the funda-
mental principles of the draft Charter by carrying out
negotiations directed to the substantial reduction of the
general level of tariffs and to the elimination of prefer-
ences on a reciprocal and mutually advantageous basis. In
order that further progress may be made towards expanding
the volume of world trade, the Contracting Parties invite
the governments referred to above to enter upon similar
negotiations with them. Doubtless these countries are
enjoying the benefit of most of the tariff reductions
negotiated by the Contracting Parties and incorporated GATT/CP.2/WP .2/3/REV.1
page 2
in the Schedules to the General Agreement, and they will
welcome the opportunity to obtain these beefits in their own
rights and to negotiate for further concessions on the
products of most interest to them.
The main part and the final phase of the negotiations
will take place in Geneva commencing on 11 April, 1949, but
it will be necessary to begin preparations immediately. In
order that no time will be lost in the preparatory work, the
Secretariat of the Contracting Parties will distributes not
later than 1 September, 1948, a list of the governments which
will participate in the negotiations, i.e, the Contracting
Parties and the governments which have expressed a desire to
accede to the Agreement, An acceding government may
negotiate with any Contracting Party and with any other
acceding government, There will, generally, be no
negotiations between the Contracting Parties themselves, but
it. may. be that by mutual or by general agreement, some of
them will take the opportunity to complete certain
negotiations which were left unfinished at the Geneva
meeting in 1947 and to make certain adjustments found to be
necessary in the existing Schedules to the Agreement,
Scope of the Negotiations
It is intended that the countries participating in the
negotiations in 1919 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 whom the concessions are asked. In other
words, an acceding government 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. GATT /CP 2/WP . 2/3/Rev. 1.
page 3
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 partici-
pating countries, constitutes, or is likely to constitute,
the principal source of supply. This latter rale will not
apply to products which already appear in the Schedules to
the Agreement, except that it is not meant to prevent an
acceding government from asking for concessions on products
appearing in the Schedules in which it has a very special
-interest, in such cases, however, the government submitting
the request will be expected to take fuly into account
the benefits accruing through the General Agreement.
The Havana Charter provides that, in addition to
customs tariffs and other charges on imports and exports,
certain regulations, quotas, etc, may be negotiated 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
Methods of Negotiation
The negotiations will be conducted in accordance with
the rules set forth in paragraph 2 of Article 17 of the
Havana Charter-
(a) The negotiations will be conducted on a
selective product-by-product basis which will afford
adequate opportunity to take ;.u. account. the needs
of individual countries and individual industries.
Participating governments will be free not to grant
concessions on particular products and, in the grant-
ing of a concessions they may reduce the duty, bind GATT/CP. 2/WP. 2/3/Rev. 1
page 4
it at its then existing level or undertake not to
raise it above a specified higher level.
(b) No participating government will 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
which it enjoys by virtue of 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;
(iv) no margin of preference shall be increased
(d) The binding against increase of low duties or of
duty-free treatment will in principle be recognized
as a concession equivalent in value to the substantial
reduction of high duties or the elimination of tariff
preferences. GATT/CP 2/WP.2/3/Rev.1
page 5
(c) 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 (i) with the
consent of the parties to such obligations, or, in the
absence of such consent, (ii) by modification or
termination of such obligations in accordance with
their terms,
Timetable for the Negotiations
(i) At the earliest possible date and in no case
later than 15 September 1948, each Contracting Party will
send to each acceding government, and each of the latter will
send to each participating government, three copies of its
customs tariff and of its latest annual trade statistics,
and, in addition, the trade statistics of 1936, 1937 or
1938 whichever is considered to be the most representative
of prewar trade, and, if possible, average statistics for
those three years.
(ii) Not later than 31 October 1948, each
government will transmit to each other participating
government with which it wishes to enter negotiations
a list of the products on which it intends to request
tariff concessions, Forty copies of these lists will be
required by the Secretariat for distribution to the other
participating governments, These will be regarded as
provisional lists, but it. should be borne in mind that it
will not be possible for some governments to enter into
negotiations on any products which are not included in these
first lists, When compiling its list of products each GATT/CP. 2/WP.2/3/Rev.1
Page 6
participating government should take into account the
products on whichconcessions have already been accorded in
the Schedules to the Agreement.
(iii) By 1 January 1949, each government will
transmit to each other. participating government with which
it wishes to negotiate a list of the precise concessions
requested. Forty copies of these lists also will be re-
quired by the Secretariat for distribution to the partici-
pating governments.
(iv) On 11 April, 1949, - that it, on the first day
of the meeting in Geneva - each government will make known
to all participating governments the tariff concessions
which it is prepared to offer to each government from which
a request for concessions was received.
It will be understood that any two participating
governments may arrange between themselves to conduct
preliminary 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 envisaged above, but the
concessions offered will not be disclosed to other
governments until the opening of the Geneva meeting,
Procedures at Geneva
When the concessions offered by all participating
governments have been exchanged and distributed
negotiations between pairs of delegations will begin. At
this stage, as in the distribution of lists of requests,
arrangements will be made for the strict preservation of
secrecy for all confidential material GATT/CP.2/WP.2/3/Rev.1
page 7
To follow the successful procedure adopted in 1947,
the participating governments may decide to establish
a "Tariff Negotiations Working Party" which will call
for reports from time to time to enable it to ascertain
the progress of the negotiations and which will make
recommendations on questions of procedure and other
matters connected with the conduct of the negotiations
and which will also prepare the legal instruments to be
-signed at the conclusion of the proceedings,
As each negotiation is concluded, lists of
concessions exchange will be conveyed to the Secretariat
and to all other delegations, These results will be
subject to modification in the light of the results of
other negotiations.
When all the negotiations are completed the
concessions will be prepared as an annex to the Agreement.
The accession of governments, not previously Contracting
Parties, will be effected by two instruments: firt. by
a Protocol to be concluded by the Contracting Parties,
which will serve to incorporate the additional Schedules
and any necessary modifications of the existing Schedules,
and a Prototol to be concluded by the acceding governments
under which they will agree to become contracting parties. |
GATT Library | nm914kk8675 | Draft Memorandum on Tariff Negotiations | General Agreement on Tariffs and Trade, August 24, 1948 | General Agreement on Tariffs and Trade (Organization), Contracting Parties, and Working Party No. 2 on Future Tariff Negotiations | 24/08/1948 | official documents | GATT/CP.2/WP.2/3/REV.3 and GATT/CP.2/WP.2/1-5 WP.2/2 not issued WP.2/3/Rev.1-3 | https://exhibits.stanford.edu/gatt/catalog/nm914kk8675 | nm914kk8675_91870476.xml | GATT_145 | 1,589 | 10,405 | RESTRICTED
LIMITED C
GATT/CP. 2/WP .2/3/REV. 3
24 august 1948
Original: ENGLISH
GENERAL AGRELMENT ON TARIFFS AND TRADE
Contracting Parties
Second Session.
Working Party No.2.on Future Tariff Negotiations
Draft Memorandum on Tariff Negotiations,
Purpose of the Negotiations
The Contracting Parties to the General Agreement on
Tariffs and Trade, at their Second Session in Geneva in
August 1948, resolved to invite the governments
which showed their interest in the proposed International
Trade Organization, by accepting the invitation to the
United Nations Conference on Trade and Employment at
Havana, to enter into negotiations with a view to their
accession to the Agreement.
In 1947 the Contracting Parties, in their capacity.
as members of the Preparatory Committee for the Trade and
Employment Conference, gave effect to one of the funda-
riental principles of the draft Charter by carrying out
negotiations directed to the substantial reduction of the
general level of tariffs and to the elimination of prefer-
ences on a reciprocal and mutually advantageous basis. In
ordor that further progress may be made towards expanding
the volume of world trade, the Contracting Parties invite
the governments referred to above to enter upon similar
negotiations with them. In most cases these countries are
enjoying the benefit of the tariff reductions
negotiated by the Contracting Parties and incorporated GATT/CP.2/WP.2/3/REV. 3
page 2
in the Schedules to the General agreement. But even so
they will 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.
The main part and the final phase of the negotiations
will take place in Geneva commencing on 11 April, 1949, but
it will be necessary to begin preparations immediately. In
order that no time will be lost in the preparatory work, the
Secretariat of the Contracting Parties will notify by
telegraph, not later than 13 September, 1948, a list of
governments which will participate in the next series of
negotiations, i.e. the Cortracting Parties and the govern-
ments which wish to participate with a view to acceding to
the agreement. An accedin government shall be prepared to
negotiate with any Contracting Party and with any other
acceding government. There will, generally, be no neg-
otiations between the Contracting Parties themselves, but
it may be that, by mutual and by general agreement, some of
them will take the opportunity to complete certain neg-
otiations which were left unfinished at the Geneva meeting
in 1947 and to make certain adjustments found to be
necessary in the existing Schedules to the Agreement.
Scone of the Negotiations
It is intended that the countries participating in the
negotiations in 1949 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 whom the concessions are asked. In other
words an acceding government 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. GATT/CP.2/WP.2/3/Rev.3
page 3
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 partici-
pating countries, constitutes' or is likely to constitute,
the principal source of supply. This latter rule will not
apply to products which already appear in the Schedules to
the Agreement, except that it is not meant to prevent an
acceding government from asking for concessions on products
appearing in theSchedules in which it.has a very special
interest, in such cases, however,. the government submitting
the request will be expected to take fully into account the
concessions already granted on the products concerned.
The Havana Charter provides that, in addition to
customs tariffs and other charges on imports and exports,
certain regulations, quotas, protection afforded through the
operations 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 Anexes 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.
Methods of Negotiation
The negotiations will be conducted in accordance with
the rules set forth in paragraph 2 of Article17 off the
Havana Charter
(a) the negotiations will 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 concessing, GATT/CP. 2/WP. 2/3/Rev .3
page 4
they may reduce the duty, bind it at its then existing
level, or undertake not to raise it above a specified
higher 'level.
(b) No. participating government will 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 concessions already embDolied
in the schedules to the General Agreement
(c) In negotiations relating to any specific product
withtrespect to which a preference applies,
(i) when a reduction is negotiated only in the
most- favoured-nation rate, such education 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- .avoured-nation
rate shall automatically be reduced to the extent
of such reduction;
(iii when it is agreed that reductions will be ne-
gotiated 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;
(iv) no. margin of preference shall be increased,
(d) The binding against increase of low duties or of
duty-free treatment will in principle be recognized
as a concession equivalent in value to the substantial
reduction of high duties or the elimination of tariff
preferences. GATT/CP.2/WP.2/3/Rev.3
page 5
(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 (i) with the
consent of the parties to such obligations, or, in the
absence of such consent, (ii) by modification or
termination of such obligations in accordance with
their terms.
Timetable for the Negotiations
(i) At the earliest possible date and in no case later
than 15 September 1948, each Contracting Party will send to
each acceding government, and each of the latter will send
to each participating government, three copies of its customs
tariff and one copy (if possible, three) of its latest annual
import trade statistics. In addition, it is requested that
every effort should be made to supply the import statistics
of 1936, 1937 and/or 1938, whichever is the most
representative of prewar trade, and, if possible, average
statistics for those three years. Each participating
government will advise the participating government concerned
and the Secretariat, by telegram, the particulars of the
documents despatched and the date and method of despatch.
(ii) Not later than 31 October 1948, each government will
transmit to each other participating government by the most
expeditious means available a list of the products on which
it intends to request concessions from that government.
Forty copies of these lists will be sent simultaneously to
the Secretariat for distribution to the other participating
governments. These will be regarded as provisional lists,
but it should be borne in mind that it will not be possible
for the government of the United States to enter into GATT/CP .2/WP .2/3/Rev. 3
page 6
negotiations on any products which are not included in these
first lists. Any other government that is in the same
position as the United States shall so notify the Secretariat,
for the information of the participating governments, not
later than 15 September, 1948. When compiling its list of
products each participating government should not include a
product which appears in the Schedules to the Agreement
unless it proposes to request a concession going beyond that
provided in the Schedules.
(iii) Not later than 1 January 1949, each government will
transmit to each other participating government a final list
of the tariff and other concessions which it requests from
that government. Forty copies of these lists will be sent
simultaneously to the Secretariat for distribution to the
participating governments.
(iv) On 11 April, 1949, - that is, on the first day of
the meeting in Geneva - each government will make known to
all participating governments the concessions which it is
prepared to offer to each government from which a request for
concessions was received.
It will be understood that any two participating
governments may arrange between themselves to conduct
preliminary 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 envisaged above, but the concessions.
offered will not be disclosed to other governments until the
opening of the Geneva meeting.
Procedures at Geneva
When the concessions offered by all participating
governments have been exchanged and distributed,
negotiations between pairs of delegations will begin. At
this stage, as in the distribution of lists of requests,
arrangements will be made for the strict preservation of
secrecy for all confidential material. |
GATT Library | rr292zh2641 | Draft Memorandum on Tariff Negotiations | General Agreement on Tariffs and Trade, August 21, 1948 | General Agreement on Tariffs and Trade (Organization), Contracting Parties, and Working Party No. 2 on Future Tariff Negotiations | 21/08/1948 | official documents | GATT/CP.2/WP.2/3/REV.2 and GATT/CP.2/WP.2/1-5 WP.2/2 not issued WP.2/3/Rev.1-3 | https://exhibits.stanford.edu/gatt/catalog/rr292zh2641 | rr292zh2641_91870475.xml | GATT_145 | 1,704 | 11,110 | RESTRICTED
LIMITED C
GATT/CP. 2/WP . 2/3/REV .2
21 August 1948
Original: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
Contracting Parties
Second Session.
Working Party No.2 on Future Tariff Negotiations
Draft Memorandum on Tariff Negotiations
Purpose of the Negotiations
The Contracting Parties to the General Agreement on
Tariffs and Trade, at their Second Session in Geneva in
August 1948, resolved to invite the governments
which showed their interest in the proposed International
Trade Organization, by accepting the invitation to the
United Nations Conference on Trade and Employment at
Havana, to enter into negotiations with a view to their
accession to the Agreement,
In 1947 the Contracting Parties, in their capacity
as members of the Preparatory Committee for the Trade and
Employment Conference gave effect to one of the funda-
mental principles of the draft Charter by carrying out
negotiations directed to the substantial reduction of the
general level of tariffs and to the elimination of prefer-
ences on a reciprocal and mutually advantageous basis. In
order that further progress may be made towards expanding
the volume of world trade, the Contracting Parties invite
the governments referred to above to enter upon similar
negotiations with them. In most cases these countries are
enjoying the benefit of the tariff reductions
negotiated by the Contracting Parties and incorporated GATT/CP .2/WP.2/3/REV .2
page 2
in the Schedules to the General Agreement. But even so
they will 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.
The rain part and the final phase of the negotiations
will take place in Geneva commencing on 11 April, 1949, but
it will be necessary to begin preparations immediately. In
order that no time will be lost in the preparatory works the
Secretariat of the Contracting Parties will notify by
telegraph, not later than 15 September, 1948, a list of
governments which will participate in the next series of
negotiations, i. e . the Contracting Parties and the govern-
ments which wish to participate with a view to acceding to
the Agreement. An accedin. government shall be prepared to
negotiate with any Contracting Party and with any other
acceding government. There will, generally, be no neg-
otiations between the Contracting Parties themselves, but
it may be that; by mutual and by general agreement, some of
them will take the opportunity to complete certain neg-
otiations which were left unfinished at the Geneva meeting
in 1947 and to make certain adjustments found to be
necessary in the existing Schedules to the Agreement.
Scope of the Negotiations
It is intended that the countries participating in the
negotiations in 1949 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 whom the concessions are asked. In other
words, an acceding government 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. GATT/CP. 2/WP.2/3/Rev. 2
page 3
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 partici-
pating countries, constitutes, or is likely to Constitute,
the principal source of supply. This latter rule will not
apply to products which already appear in the Schedules to
the Agreement, except that it is not meant to prevent an
acceding government from asking for concessions on products
appearing in theSchedules in which it has a very special
interest, in such cases, however, the government submitting
the request will be expected to take fully into account the
concessions already granted on the products concerned.
The Havana Charter provides that, in addition to
customs tariffs and other charges on imports and exports,
certain regulations, quotas, protection afforded through the
operations of import and export monopolies, etc. shall be
subject to negotiations in the manner provided in Article 17,
The relevant provisions are contained in Articles 16(including
the Annexes thereto), 18, 19 ans 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.
Methods of Negotiation
The negotiations will be conducted in accordance with
the rules set forth in paragraph 2 of Article 17 of the
Havana Charter
(a) the negotiations will 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, GATT/CP. 2/WP 2/3/Rev. 2
page 4
they may reduce the duty, bind it at its then existing
level, or undertake not to raise it above a specified
higher level.
(b) No participating government will 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 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-lavoured-nation rate, such reduction shall
operate automatically to reduce or eliminate
the margin of prference applicable to that
product;
(ii) when a reduction is negotiated only in the
preferential rate, the most- .avoured-nation
rate shall automatically be reduced to the extent
of such reduction;
(iii)when it is agreed that reductions will be ne-
gotiated 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;
(iv) no margin of preference shall be increased.
(d) The binding, against increase of low duties or of
duty-free treatment will in principle be recognized
as a concession equivalent in value to the substantial
reduction of high duties or the elimination of tariff
preferences. GATT./CP .2/WP.2/3/Rev.2
page 5
(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 (i) with the
consent of the parties to such obligations, or, in the
absence, of such consent, (ii) by modification or
termination of such obligations in accordance with
their terms.,
Timetable for the Negotiations
(i) At the earliest possible date and in no case
later than 15 September 1948, each Contracting Party will
send to each acceding government, and each of the latter will
send to each participating government, three copies of its
customs tariff and of its latest annual trade statistics,
and, in addition, the trade statistics of 1936, 1937 or
1938 whichever is considered to be the most representative
of prewar trades and if possible, average statistics for
those three years.
(ii). Not later than 31 October 1948, each
government will transmit to each other participating
government with which it wishes to enter negotiations
a list of the products on which it intends to request
tariff concessions. Forty. copies of these lists will be
required by the Secretariat for distribution to the other
participating governments, These will be regarded as
provisional lists, but it should be borne in mind that it
will not be possible for some governments to enter into
negotiations on any products which are not included in these
first lists. When compiling its list of products each, GATT/CP. 2/WP. 2/3/Rev. 2
page. 6
participating government should take into account the
products on which concessions have already been accorded in
the Schedules to the Agreement.
(iii) By 1 January 1949, each government will
transmit to each other participating government with which
it wishes to negotiate a list of the precise concessions
requested. Forty copies of these lists also will be re-
ouired by the Secretariat for distribution to the partici-
pating governments.
(iv) On 11 April, 1949, - that is on the first day
of the meeting in Geneva - each government will make known
to all participating governments the tariff concessions
which it is prepared to offer to each government from which
a request for concessions was received,
It will be understood that any two participating
government may arrange between themselves to conduct
preliminary 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 envisaged above, but the
concessions offered will not be disclosed to other
governments until the opening of the Geneva meetings
Procedures at Geneva
When the concessions offered-by all participating
governments have been exchanged and distributed,
negotiations between pairs of delegations will begin. At
this stages as in the distribution of lists of requests,
arrangements will be made for the strict preservation of
secrecy for all confidential material, GATT/CP 2/WP. 2/3/Rev. 2
page 7
To follow the successful procedure adopted in 1947,
the participating governments lay decide to establish
a "Tariff Negotiations Working Party" which will call
for reports from time to time to enable et to ascertain
the progress of the negotiations and which will make
recommendations on questions of procedure and other
matters connected with the conduct of the negotiations
and which will also prepare the legal instruments to be
signed at the conclusion of the proceedings,
As each negotiation is concluded, lists of
concessions exchange will be conveyed to the Secretariat
and to all other delegations, These results will be
subject to modification in the light of the results of
other negotiations,
When all the negotiations are completed the
concessions will be prepared as an annex to the Agreement,
The accession of governments, not previously Contracting
Parties, will be effected by two instruments: first, by
a Protocol to be concluded by the Contracting Parties,
which will serve to incorporate the additional Scheules
and any necessary modifications of the existing Schedules,
and a Protocol to be concluded by the acceding governments
under which they will agree to become contracting parties, |
GATT Library | hm223mx2628 | Draft Memorandum Tariff Ne Negotiations | General Agreement on Tariffs and Trade, August 19, 1948 | General Agreement on Tariffs and Trade (Organization), Contracting Parties, and Working Party No. 2 on Future Tariff Negotiations | 19/08/1948 | official documents | GATT/CP.2/WP.2/3 and GATT/CP.2/WP.2/1-5 WP.2/2 not issued WP.2/3/Rev.1-3 | https://exhibits.stanford.edu/gatt/catalog/hm223mx2628 | hm223mx2628_91870473.xml | GATT_145 | 1,566 | 10,171 | RESTRICTED
LIMITED C
GATT/CP. 2/WP.2/3
19 August 1948
Original: ENGLISH
GENERAL AGREEMENT ON TARIFS AND TRADE
Contracting Parties
Second Session
Working Party No, 2 on Future Tariff Negotiations
Draft Memorandum Tariff Ne Negotiations
Purpose of the Negotiations
The Contracting Parties to the General Agreement on
Tariffs and Trade, at their Second Session in Geneva on
August 16 - 24, 1948, resolved to invite the governments which
showed their interest in the proposed International Trade
Organization, by accepting the invitation to the United Nations
Conference on Trade and Employment at Havanato enter into
negotiations with a view to their accession to the Agreement,
In 1947 the Contracting Parties, in their capacity as
members of the Preparatory Committee for the Trade and Em-
ployment Conference, gave effect to one of the fundamental
principles of the draft Charter by carrying out negotiations
directed to the substantial reduction of the general level of
tariffs and to the elimination of preferences on a reciprocal
and mutually advantageous basis. In order that further progress
By be made towards expanding the volume of world trade, the
Contracting Parties invite the governments referred to above
to enter upon similar negotiations with them. Doubtless these
countries are enjoying the benefit of most of the tariff
reductions negotiated by the Contracting Parties and incorporated
in the Schedules to the General Agreement, and they will 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, GATT/CP. 2/WP. 2/3
page 2
The main part and the final phase of the negotiations
will take place in Geneva commencing on 11 April, 1949, but
it will be necessary to begin preparations immediately. In
order that no time will be lost in the preparatory work, the
Secretariat of the Contracting Parties will distribute, not
later than 1 September, 1948, a list of the governments which
will participate in the negotiations, i.e the Contracting
Parties and the governments which have expressed a desire to
accede to the Agreement. There will, generally, be no
negotiations between the Contracting Parties themselves, but
it may be that some of them will take the opportunity to
complete certain negotiations which were left unfinished at
the Geneva meeting in 1947 and to make certain adjustments
found to be necessary in the existing Schedules to the Agree-
ment.
Scope of the Negotiation
It is intended that the countries participating in the
negotiations in 1949 will propose for negotiation those of
their products of which they individually, or collectively,
are the principal suppliers to the countries from whom the
concessions are asked. In other words, an acceding government
will be expected to consider the grant of concessions, as a
general rule, on products of which any participating country,
or all the participating countries as a group, is 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 participating country, or any number of parti-
cipating countries taken together, constitutes the principal
source of supply. This latter rule will not apply to
products which already appear in the Schedules to the Agreement,
except that it is not meant to prevent an acceding government
from asking for concessions on products appearing in the
Schedules in which it has a very special interest. GATT/CP. 2/WP.2/3
page 3
Methods of Negotiation
The negotiations will be conducted in accordance with
the rules set forth in Paragraph 2 of Article 17 of the
Havana Charter.
(a) The negotiations will 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 grant-
ing of a concessions they may reduce the duty, bind
it at its then existing level, or undertake not to
raise it above a specified higher level,
(b) No participating government will be required to
grant unilateral concessions, or to grant concessions
to other governments without receiving adequate con-
cessions 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
which it enjoys by virtue of the application of 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; GATT/CP. 2/WP. 2/3
page 4
(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;
(iv) no margin of preference shall be increased.
(d) The binding against increase of low duties or of
duty-free treatment will 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 (i) with the
consent of the parties to such obligations, or, in the
absence of such consent, (ii) by modification or
termination of such obligations in accordance with
their terms.
The scope of the negotiations will include, in addition
to customs tariffs and other charges on imports and exports,
mixing regulations, screen quotas and protection afforded
through the operation of import and export monopolies as
envisa-ed in Articles 13, 19 and 31 of the Havana Charter,
Timetable for the Negotiations
(i) At the carliest possible date and in no case
later than 15 September 1948, each Contracting Party will
send to each acceding government, and each of the latter will
send to each participating government, three copies of its GATT/CP . 2/WP. 2/3
page 5
customs tariff and of its latest annual trade statistics,
and, in addition, the trade statistics of 19369 1937 or 19387
whichever is considered to be the most representative of pre-
war trade, and, if possible, average statistics for those
three years.
(ii) Not later than 31 October 1948, each government
will transmit to each other participating government with
which it wishes to enter negotiations a list of the products
on which it intends to request tariff concessions, Forty
copies of these lists will be required by the Secretariat
for distribution to the other participating governments.
These will be regarded as provisional lists, but it should
be borne in mind that it will not be possible for some govern-
ments to enter into negotiations on any products which are
not included in these first lists.
(iii) By 1 January 1949, each government will transmit
to each other participating government with which it wishes
to negotiate a final list of the concessions requested.
Forty copies of these lists also will be required by the
Secretariat for distribution to the participating governments.
(iv) On 11 April, 1949, - that is, on the first day of
the meeting in Geneva - each government will make known to
all participating governments the tariff concessions which
it is prepared to offer to each government from which a
request for concessions was received.
It will be understood that any two participating govern-
ments may arrange between themselves to conduct preliminary
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 en-
visaged above, but the concessions offered will not be dis-
closed to other governments until the opening of the Geneva
meeting. GATT/CP. 2/WP. 2/3
page 6
Procedures at Geneva
When the concessions offered by all participating
governments have been exchanged and distributed, negotiations
between pairs of delegations will begin. At this stage, as
in the distribution of lists of requests, arrangements will
be made for the strict preservation of secrecy for all con-
fidential material.
To follow the successful procedure adopted in 1947, the
participating governments may decide to establish a "Tariff
Negotiations Working Party", which will call for reports from
times to time to enable it to ascertain the progress of the
negotiations and which will make recommendations on questions
of procedure and other matters connected with the conduct
of the negotiations and which will also prepare the legal
instruments to be signed at the conclusion of the proceedings.
As each negotiation is concluded lists of concessions
exchange will be conveyed to the Secretariat and to all other
delegations, Those results will be subject to modification.
in the light of the results of other negotiations.
When all the negotiations are compiated the concessions
will be prepared as an annex to the Agreement. The accession
of governments, not previously Contracting Parties, will be
effected by two instruments first, by a Protocol to be
concluded by the Contracting Parties, which will serve to
incorporate the necessary modificationsns of the Schedules,
and a Protocol to be concluded by the acceding governments
under which they would agree to become contracting parties.
~~~~~~~~~~~~~~~ |
GATT Library | hs294qq9428 | Draft of Article 14 prepared by Secretariat for Consideration at Joint Meeting of Working Parties 3 and 4 | United Nations Conference on Trade and Employment, March 2, 1948 | Second Committee: Economic Development and Sub-Committee C on Article 14 | 02/03/1948 | official documents | E/CONF.2/C.2/C/W.13, E/CONF.2/C.2/B/W.1-14, and C.2/C/W.1-13 | https://exhibits.stanford.edu/gatt/catalog/hs294qq9428 | hs294qq9428_90180331.xml | GATT_145 | 522 | 3,361 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/C/W.13
ON DU 2 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMITTEE C
DRAFT OF ARTICLE 14 PREPARED BY SECRETARIAT
FOR CONSIDERATION AT JOINT MEETING OF WORKING PARTIES 3 AND 4
Article 14
Trsitional Measures -
1. Any Member may maintain any non-discriminatory protective measure which
has besen impoed for the establishment, development or reconstruction of
particular industries, or particular branches of agriculture, and which is
not otherwise permitted by this Charter; Provided that notification is given
of the nature and purpose of such measure and of each product in respect of
which it is to be maintained:
(a) in the case of a Member signatory to the General Agreement
on Tariffs and Trade in respect of measures in force on
1 September 1947, which were notified to the other signatories
to that agreement not later than 10 October 1947;
(b) in the case of any other Member in respect of measures in
force on March 1948*, which are notified not later than the
date of deposit of its instrument of acceptance of the Charter
to the Organization, or, if the Charter has not yet entered
into force, to those Governments which have deposited their
instruments of acceptance of the Charter.
Any Member maintaining any such measure shall within one month of assuming
Membership in the Organization notify it of the measure concerned, the
considerations in support of its maintenance and the period for which it
wishes to maintain the measure. The Organization shall, as soon as possible,
butacan any se within twelve months of such Member assuming Membership in
the Organization, examine and give a decision concerning the measure as if
I had been submitted to ithe Organzation for its concurre.nce under Arti,le 13
Date of signature of the Final Act of the United Nations Conference on
Trade and Employment
/2 The provisions E/CONF.2/C.2/C/W.13
Page 2
2. The Provisions of this Article shall also apply to:
(a) any such measure adopted by a Member between March 1948*
and the date of entry into force of the Charter which conforms
to the description contained in sub-paragraphs b (i) and (ii)
of paragraph 4 of Article 13;
(b) any measure approved in accordance with the provisions of
Article XVIII of the General Agreement on Tariffs and Trade.
3. This Article shall not be construed to apply to a measure which would
be inconsistent with any obligation that the Member concerned has assumed
through negotiations with any other Member or Members pursuant to Chapter IV
or which would tend to nullify or impair the benefit to such other Member or
Members of any such obligation.
4. The Organization, in making a decision under this Article specifying a
date by which any modification in or withdrawal of the measure is to be made,
shall have regard to the possible need of a Member for a suitable period of
time in which to make such modification or withdrawal.
.. .. ..~-.
* e Daite oNf ignatwe. eshe.e on Fn Act of ths Unte nation Conferenca .
Trade an Employte . . |
GATT Library | wb369md7869 | Draft of Articles of the General Agreement to be modified in the light of the provisions of the Havana charter | General Agreement on Tariffs and Trade, August 21, 1948 | General Agreement on Tariffs and Trade (Organization), Contracting Parties, and Working Party 3 on Modifications to the General Agreement | 21/08/1948 | official documents | GATT/CP.2/WP.3/3 and GATT/CP.2/WP.3/1-6 WP.3/6/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/wb369md7869 | wb369md7869_91870481.xml | GATT_145 | 5,041 | 32,872 | GENERAL AGREEMENT ON TARIFFS AND TRADE RESTRICTED
Contracting Parties GATT/CP.2/WP.3/3
21 August 1948
Second Session
ORIGINAL: ENGLISH
Working Party 3 on Modifications to the
General Agreement
DRAFT OF ARTICLES OF THE GENERAL AGREEMENT
TO BE MODIFIED IN THE LIGHT OF THE
PROVISIONS OF THE HAVANA CHARTER
A.
Replace the text of Article III by the following text
(Article 18 of the Charter) : -
Article III.
National Treatment on Internal Taxation and Regulations X)
1. "The contracting parties recognise that internal taxes
and other internal charges; and laws, regulations and require-
ments affecting the internal sale, offering for sale, purchase,
transportation, distribution or use of products, and
internal quantitative regulations requiring the mixture,
processing or use of products in specified amounts or
proportions, should not be applied to imported or domestic
products so as to afford protection to domestic production.
2. "The products of the territory of any contracting
party imported into the territory of any other contracting
party shall not be subject, directly or indirectly, to
internal taxes or other internal charges of any kind in
excess of those applied, directly or indirectly, to like.
X) The interpretative notes to Article 18 of the Charter
would also be incorporated into the interpretative
notes to Article III of the General Agreement. GATT/CP.2/WP.3/3
Page 2.
domestic products. Moreover, no contracting party shall
otherwise apply internal taxes or other internal charges to
imported or domestic products in a manner contrary to the
principles set forth in paragraph1.
3. "With respect to any existing internal tax which is
inconsistent with the provisions of paragraph 2 but which
is specifically authorised under a trade agreement, in force
on April 10, 1947, in which the import duty on the taxed
product is bound against increase, the contracting party
imposing the tax shall be free to postpone the application
of the provisions of paragraph 2 to such tax until such time
as it can obtain release from the obligations of such trade
agreements in order to permit the increase of such duty to
the extent necessary to compensate for the elimination of
the protective element of the tax.
4. "The products of the territory of any contracting party
imported into the territory of any other contracting party
shall be accorded treatment no less favourable than that
accorded to like products of national origin in respect of
all laws, regulations and requirements affecting their
internal sale, offering for sale, purchase, transportation,
distribution or use. The provisions of this paragraph
shall not prevent the application of differential internal
transportation charges which are based exclusively on the
economic operation of the means of transport and not on
the nationality of the product.
5. "No contracting party shall establish or maintain any
internal quantitative regulation relating to the mixture,
processing or use of products in specified amounts or
proportion which requires, directly or indirectly, that
any specified amount or proportion of any product which is GATT/CP.2/WP.3/3
Page 3.
the subject of the regulation must be supplied from domestic
sources. Moreover, no contracting party shall otherwise
apply internal quantitative regulations in a manner contrary
to the principles set forth in paragraph 1.
6. "The provisions of paragraph 5 shall not apply to any
internal quantitative regulation in force in the territory
of any contracting party on July 1, 1939 or April 10, 1947,
at the option of that contracting party; PROVIDED that any
such regulation which is contrary to the provisions of
paragraph 5 shall not be modified to the detriment of imports
and shall be subject to negotiation,
7. "No internal quantitative regulation relating to the
mixture, processing or use of products in specified amounts
or proportions shall be applied in such a manner as to
allocate any such amount or proportion among external
sources of supply.
8. "(a) The provisions of this Article shall not apply to
laws, regulations or requirements governing the procurement
by governmental agencies of products purchased for govern-
mental purposes and not with a view to use in the production
of goods for commercial sale.
"(b) The provisions of this Article shall not prevent
the payment of subsidies exclusively to domestic producers
including payments to domestic producers derived from the
proceeds of internal taxes or charges applied consistently
with the provisions of this Article and subsidies effected
through governmental purchases of domestic products.
9. "The contracting parties recognise that internal maximum
price control measures, even though conforming to the other
provisions of this Article, can have effects prejudicial
to the interests of the territories of contracting parties GATT/CP.2/WP.3/3
Page 4.
supplying imported products. Accordingly, contracting
parties applying such measures shall take account of the
interests of the territories of exporting contracting
parties with a view to avoiding to the fullest practicable
extent such prejudicial effects.
10. "The provisions of this Article shall not prevent any
contracting party from establishing or maintaining internal
quantitative regulations relating to exposed cinematograph
films."
B.
Replace the text of Article XVIII by the following text
(Article 13 of the Charter) : -
Article, XVIII
GOVERNMENTAL ASSISTANCE TO ECONOMIC DEVELOPMENT
AND RECONSTRUCTION
1. "The contracting parties recognise that special
governmental assistance may be required to promote the
establishment, development or reconstruction of particular
industries or branches of agriculture, and that in
appropriate circumstances the grant of such assistance in
the form of protective measures is justified. At the
same time they recognise that an unwise use of such
measures would impose undue burdens on their own economies
and unwarranted restrictions on international trade, and
might increase unnecessarily the difficulties of adjustment
for the economies of other countries. GATT/CP.2/WP.3/3
Page 5.
2. "The CONTRACTING PARTIES and the contracting parties
concerned in respect of any matter arising under this
Article shall preserve the utmost secrecy in connection
therewith. x)
A.
3. "If a contracting party, in the interest of its
economic development or reconstruction considers it
desirable to adopt any non-discriminatory measure affecting
imports which would conflict with an obligation which the
contracting party has assumed in respect of any product
described in the appropriate schedule annexed to this
Agreement through negotiations with any other contracting
party or contracting parties, but which would not conflict
with the provisions of Part II of this Agreement, such
contracting parties
"(a) shall enter into direct negotiations with all the
other contracting parties. The appropriate schedules
to this Agreement shall be amended in accordance with
any agreement resulting from such negotiations; or;
(b) shall initially or may, in the event of failure
to reach agreement under sub-paragraph (a), apply to
the CONTRACTING PARTIES. The CONTRACTING PARTIES shall
determine, from among the contracting parties which
have contractual rights, the contracting party or
parties materially affected by the proposed measure
and shall sponsor negotiations between such contracting
party or parties and the applicant contracting party
with a view to obtaining expeditious and substantial
agreement. The CONTRACTING PARTIES shall establish
and communicate to the contracting parties concerned
x) Certain drafting changes have been made to paragraph 2
of Article 13 of the Charter in order to adopt the
language used to the needs of the General Agreement. GATT/CP.2/WP3/3
Page 6.
a time schedule for such negotiations following as far
as practicable any time schedule which may have been
proposed by the applicant contracting party, The
contracting parties shall commence and proceed
continuously with such negotiations in accordance
with the time schedule established by the CONTRACTING
PARTIES. At the request of a contracting party, the
CONTRACTING PARTIES may, where they concur in principle
with the proposed measures assist in the negotiations-
Upon substantial agreement being reached, the applicant
contracting party may be released by the CONTRACTING
PARTIES from the obligation referred to in this
paragraph, subject to such limitations as may have be en
agreed upon in the negotiations between the contracting
parties concerned.
4. "(a) If as a result of action initiated under paragraph
3 there should be an increase in imports of any product
concerned, including products which can be directly
substituted therefor, which if continued would be so great
as to jeopardize the establishment, development or
reconstruction of the industry, or branch of agriculture
concerned, and if no preventive measures consistent with the
provisions of this Agreement can be found which seem likely
to prove effective, the applicant contracting party may,
after informing and when practicable consulting with, the
CONTRACTING PARTIES, adopt such other measures as the situa-
tion may require, provided that such measures do not restrict
imports more than necessary to offset the increase in
imports referred to in this sub-paragraph; except in
unusual circumstances, such measures shall not reduce
imports below the level obtaining in the most recent GATT/CP.2/WP3/3
Page 7.
representative period preceding the date on which the
contracting party initiated action under paragraph 3.
"(b) The CONTRACTING PARTIES shall determine, as soon
as possible, whether any such measures should be continued,
discontinued or modified. It shall in any case be
terminated as soon as the CONTRACTING PARTIES determine that
the negotiations are completed or discontinued.
"(c) It is recognised that the contractual relationship
referred to in paragraph 3 involves reciprocal advantages,
and therefore any contracting party which has a contractual
right in respect of the product to which such action relates,
and whose trade is materially affected by the action, may
suspend the application to the trade of the applicant
contracting party of substantially equivalent obligations
or concessions under this Agreement provided that the
contracting party concerned has consulted the CONTRACTING
PARTIES before taking such action and the CONTRACTING
PARTIES do not disapprove.
B.
5. "In the case of any non-discriminatory measure affecting
imports which would conflict with the provisions of Part II
of this Agreement and which would apply to any product
described in the appropriate Schedule annexed to this
Agreement, in respect of which the contracting party has
assumed an obligation through negotiations with any other
contracting party or parties, the provisions of sub-
paragraph (b) of paragraph 3 shall apply; .PROVIDED that
before granting a release the CONTRACTING PARTIES shall
afford adequate opportunity for all contracting parties
which they determine to be materially affected to express GATT/CP.2/WP3/3
Page 8.
their views. The provisions of paragraph 4 shall also be
applicable in this case.
C.
6. "If a contracting party in the interest of its economic
development or reconstruction considers it desirable to
adopt any non-discriminatory measure affecting imports which
would conflict with the provisions of Part II of this
Agreement, but which would not apply to any product in
respect of which the contracting party has assumed an
obligation through negotiations with any other contracting
party or contracting parties pursuant to the above-mentioned
provisions, such contracting party shall notify the
CONTRACTING PARTIES and shall transmit to the CONTRACTING
PARTIES a written statement of the considerations in
support of the adoption, for a specified period, of the
proposed measure.
7. "(a) On application by such contracting party to
CONTRACTING PARTIES shall concur in the proposed measure
and grant the necessary release for a specified period if,
having particular regard to the applicant contracting
party's need for economic development or reconstruction,
it is established that the measure
(i) is designed to protect a particular industry
established between January 1, 1939 and March 24,
1948, which was protected during that period of
its development by abnormal conditions arising out
of the war; or
(ii) is designed to promote the establishment or
development of a particular industry for the
processing of an indigenous primary commodity, when GATT/CP.2/WP3/3
Page 9.
the external sales of such commodity have been
materially reduced as a result of new or increased
restrictions imposed abroad; or
(iii) is necessary, in view of the possibilities and
resources of the applicant contracting party to
promote the establishment or development of a
particular industry for the processing of
indigenous primary commodity, or for the processing
of a by-product of such industry, which would
otherwise be wasted, in order to achieve a fuller
and more economic use of the applicant contracting
party's natural resources and manpower and, in the
long run, to raise the standard of living within
the territory of the applicant contracting party,
and is unlikely to have a harmful effect in the
long run, on international trade; or
(iv) is unlikely to be more restrictive of international
trade than any other practicable and reasonable
measure permitted under this Agreement, which
could be imposed without undue difficulty and is
the one most suitable for the purpose having regard
to the economies of the industry or branch of
agriculture concerned and to the applicant
contracting party's need for economic development
or reconstruction.
"The foregoing provisions of this sub-paragraph are subject
to the following conditions:
(1) any proposal by the applicant contracting party
to apply any such measure, with or without
modification, after the end of the initial period, GATT/CP.2/WP.3/3
Page 10.
shall not be subject to the provisions of this
paragraph; and
(2) the CONTRACTING PARTIES shall not concur in any
measure under the provisions.of (i) (ii) or
(iii) above which is likely to cause serious
prejudice to exports of a primary commodity on
which the economy of the territory of another
contracting party is largely dependent.
"(b) The applicant contracting party shall apply
any measure permitted under sub-paragraph (a) in such a
way as to avoid unnecessary damage to the commercial or
economic interests of any other contracting partyX)
8. "If the proposed measure does not fall within the
provisions of paragraph 7, the contracting party
(a) may enter into direct consultations with the con-
tracting party or contacting, parties which, in
its judgment, would be materially affected by the
measure. At the same times the contracting party
shall inform the CONTRACTING PARTIES of such
consultations in order to afford them an opportunity
to determine whether all materially affected
contracting parties are included within the
consultations. Upon complete or substantial
agreement being reached, the contracting party
interested in taking the measures shall apply
to the CONTRACTING PARTIES. The CONTRACTING
PARTIES shall promptly examine the application
to ascertain whether the interests of all the
materially affected contracting parties have
x) The interpretative note to this paragraph would also be
incorporated as an interpretative note to Article XVIII. GATT/CP.2/WP.3/3
Page 11.
been duly taken into account. If the CONTRACTING
PARTIES reach this conclusion, with or without
further consultation between the contracting
parties concerned, they shall release the applicant
contracting party from its obligations under the
relevent provisions of this Agreement, subject to
such limitations as the CONTRACTING PARTIES may
impose, or
(b) may initially, or in the event of failure to reach
complete or substantial agreement under sub-paragraph
(a), apply to the CONTRACTING PARTIES. The CON-
TRACTION PARTIES shall promptly transmit the state-
ment submitted under paragraph 6 to the contracting
party or contracting parties which are determined by
the CONTRACTING PARTIES to be materially affected by
the proposed measure. Such contracting party or
contracting parties shall, within the time limits
prescribed by the CONTRACTING PARTIES, inform them
whether, in the light of the anticipated effects on
the economy of the territory of such contracting
party or parties, there is any objection to the
proposed measure. The CONTRACTING PARTIES shall,
(i) if there is no objection to the proposed
measure on the part of the affected con-
tracting party or contracting parties,
immediately release the applicant con-
tracting party from its obligations under
the relevant provision of this Agreement;
or GATT/CP/2/WP.3/3
Page 12
(ii) if there is objection, promptly examine the
proposed measure, having regard to the
provisions of this Agreement, to the
considerations presented by the applicant
contracting party and its need for economic
development or reconstruction, to the views of
the contracting party or contracting parties
determined to be materially affected, and to the
effect which the proposed measure, with or
without modification, is likely to have,
immediately and in the long run, on international
trade, and, in the long run, on the standard of
living within the territory of the applicant
contracting party. If, as a result of such
examinations the CONTRACTING PARTIES concur in
the proposed measure, with or without
modification, they shall release the applicant
contracting party from its obligations under the
relevant provisions of this Agreement, subject to
such limitations as they may impose.
9. "If, in anticipation of the concurrence of the
CONTRACTING PARTIES in the adoption of a measure referred
to in paragraph 6, there should be an increase or
threatened increase in the imports of any product concerned,
including products which can be directly substituted
therefor, so substantial as to jeopardize the establishment,
development or reconstruction of the industry or branch of
agriculture concerned, and if no preventive measures
consistent with this Agreement can be found which seem
likely to prove effective, the applicant contracting party
maya after informing and when practicable consulting with, GATT/CP.2/WP.3/3
Page 13
the CONTRACTING PARTIES, adopt such other measures as the
situation may require, pending a decision by the CONTRACTING
PARTIES on the contracting party's application; PROVIDED
that such measures do not reduce imports below the level
obtaining in the most recent representative period preceding
the date on which notification was given under paragraph 6.
10. "The CONTRACTING PARTIES shall, at the earliest
opportunity but ordinarily within fifteen days after receipt
of an application under the provisions of paragraph 7 or
sub-paragraphs (a) or (b) of paragraph 8, advise the
applicant contracting party of the date by which it will be
notified whether or not it is released from the relevant
obligation. This shall be the earliest practicable date
and not later than ninety days after receipt of such
application: PROVIDED that, if unforeseen difficulties arise
before the date set, the period may be extended after
consultation with the applicant contracting party. If the
applicant contracting party is not so notified by the date
set, it may, after informing the CONTRACTING PARTIES,
institute the proposed measure.
11. "Any contracting party may maintain any non-
discriminatory protective measure affecting imports in force
on September 1, 1947 [or such other date as the CONTRACTING
PARTIES may, in special circumstances, decide] which has
been imposed for the establishment development or
reconstruction of a particular industry or branch of
agriculture and which is not otherwise permitted by this
Agreement; PROVIDED that notification has been given to the
other contracting parties no later than October 10, 1947
[ or such other date as the CONTRACTING PARTY may, in special
circumstances, decide] of such measure and of each product GATT/CP.2/WP.3/3
Page 14
on which it is to be maintained and of its nature and
purpose.*
12. Any contracting party maintaining any such measure
shall within [sixty days] of becoming a contracting party
submit to the CONTRACTING PARTIES a statement of the
considerations in support of its maintenance and the period
for which it wishes to maintain the measure. The
CONTRACTING PARTIES shall as soon as possible, but in any
case within twelve months from the day on which such
contracting party becomes a contracting party, examine and
give a decision concerning the measure as if it had been
submitted to the CONTRACTING PARTIES for their concurrence
under the provisions of the preceding paragraphs of this
Article.
13. The provisions of paragraphs 11, 12 and 13 of this
Article shall not apply to any measure relating to a product
described in the appropriate Schedule annexed to this
Agreement.
14. In cases where the CONTRACTING PARTIES decide that
a measure should be modified or withdrawn by a specified
date, they shall have regard to the possible need of
a contracting party for a period of time in which to make
such modification or withdrawal.
* The words in square brackets are intended to cover the
amendments suggested by the Representative of Brazil in
GATT.1/29. They have been placed in the square brackets as
it did not seem that they were strictly necessary in view
of the resolution on this matter adopted by the contracting
parties at their first session and which is contained in
Document GATT.1/39. GATT/CP.2/WP.3/3
Page 15
C.
Replace the text of Article XXIX by the following text:
Article XXIX
The relation of this Agreement to the Charter for an
International Trade Organization.
1. "The contracting parties undertake to observe to
the fullest extent of their executive authority the
general principles of the Havana Charter pending their
acceptance of it in accordance with their constitutional
procedures.
2. On the day on which the Havana Charter enters into
force, this Agreement shall be modified by the suspension
of Part II and by such adjustments in other portions of
the Agreement as are necessary to integrate this
Agreement with the Charter. The contracting parties
shall meet to agree upon the modifications involved in
giving exact effect to this provision prior to the entry
into force of the Charter or as promptly thereafter as
is practicable.
3. If by September 30, 1949, the Havana Charter has
not entered into forces the contracting parties shall
meet [ within three months] [before December 31, 1949]
to agree whether this Agreement should be mended,
supplemented or maintained.
4. If at any time the Havana Charter should cease to
be in force, this Agreement shall, pending the agreement
of the Contracting Parties referred to in paragraph 5
of this article, be modified by the re-entry into force
of Articles III to.XXII inclusive, adjusted in so far as
is necessary to make the provisions of these articles
conform to the provisions of the corresponding articles GATT/CP.2/WP.3/3
Page 16
of the Havana Charter in the form in which the latter
articles appeared upon the date upon which the Havana
Charter ceased to be in force.
5. If at any time the Havana Charter should cease to
be in force, the contracting partied shall meet as soon
as practicable thereafter to agree whether this
Agreement should be sup lemented, amended or maintained.
6. If any contracting party has not accepted the
Havana Charter by the date upon which it enters into
force, the other contracting parties shall confer to
agree whether, and if so in what way this Agreement
insofar as it affects relations between such contracting
party and other contracting parties, shall be
supplemented or amended. Pending such agreement the
provisions of Part II of this Agreement shall,
notwithstanding the provisions of paragraph 2 of this
Article, continue to apply as between the said
contracting party and other contracting parties;
[Provided that no contracting party which is not a Member
of the International Trade Organization shall be able to
invoke the provisions of this Agreement so as to prevent
the full enjoyment by any country of rights with respect
to a third country under the Havana Charter or under
a measure approved by the International Trade
Organization.] *
7. The signatories of the Final Act adopted at the
conclusion of the Second Session of the Preparatory
Committee of the United Nations Conference on Trade and
*This provision which follows the draft submitted by the
Representative of the United States of America has been
placed in square brackets pending its discussion by the
Working Party. GATT/CP.2/WP.3/3 Page 17
Employment, which are not at the time contracting parties,
shall be informed of any agreement which may be reached
between the contracting parties under paragraphs 3 and 7 of
this Article.
8. [No contracting party shall invoke the provisions of
this Agreement so as to prevent the operation of any
provisions of the Havana Charter when it has entered into
force.]
(Draft contained in Document GATT/CP.2/12)
O R
[No contracting party shall invoke the Provisions of
this Agreement so as to render ineffective a decision made
by the International Trade Organization in accordance with
the provisions of the Havana Charter when it has entered
into force.]
(Draft proposed by the Representative of Australia)
D.
1. Amend the phrase "paragraphs 1 and 2 of Article III"
in Article I to read: "paragraphs 2 and 4 of article III."
Insert the following paragraph as a now paragraph 3 in
Article I, the prosent paragraph 3 becoming paragraph 4:
"3. The provisions of paragraph 1 shall not apply to
preferences between the countries formerly a part of
the Ottoman Empire and detached from it on July 24, 1923,
provided such preferences are approved under, paragraph 5
of Article XXV which shall be applied in this respect in
the light of paragraph 1 of Article XXIX".
3. Amend the phrase "paragraphs 1 and 2 of Article III"
in the interpretative note to paragraph 1 of Article I
to read "paragraphs 2 and 4 of Article III". GATT/CP.2/WP.3/3
Page 18
E.
1. Amend the phrase "paragraph 1 of Article III" in
paragraph 2 (a) of Article II to road "paragraph 2 of
Article III."
2. Replace the text of the interpretative note to
paragraph 4 of Article II by the following text:
"Except where otherwise specifically agreed between
the contracting parties which initially negotiated the
concession, the provisions of this paragraph will be
applied in the light of the provisions of Article 3 of
the Havana Charter."
F.
Amend the phrase "paragraphs 3 and 4 of Article III"
in paragraph 5 of Article XIII to read "paragraph 5, 6 and
10 of Article III."
G.
Delete sub-paragraph (a) of paragraph 5 of Article XXVI.
H.
Replace the text of Article VI by the following text
(Article 34 of the Charter) ;-
1. The contracting parties recognize that dumping, by
which products of one country are introduced into the
commerce of another country at less than the normal value of
the products is to be condemned if it causes or threatens
material injury to an established industry in the territory
of a contracting party or materially retards the establishment
of a domestic industry. For the purposes of this Article,
a product is to be considered as being introduced into the
commerce of an importing country at less than its normal
value, if the price of the product exported from one country
to another - GATT/CP.2/WP.3/3
Page 19
(a) is less than the comparable price, in the ordinary
course of trade, for the like product when destined
for consumption in the exporting country, or,
(b) in the absence of such domestic price, is lass than
either
(i) the highest comparable price for the like product
for export to any third country in the ordinary
course of trade, or
(ii) the cost of production of the product in the
country of origin plus a reasonable addition for
selling cost and profit.*
Due allowance shall be made in each case for
differences in conditions and terms of sale, for differences
in taxation, and for other differences affecting price
comparability.
2. In order to offset or prevent dumping, a contracting
party may levy on any dumped product an anti-dumping duty
not greater in amount than the margin of dumping in respect
of such product. For the purposes of this Article, the
margin of dumping is the price difference determined in
accordance with the provisions of paragraph 1.*
3. No countervailing duty shall be levied on any
product of the territory of any contracting party imported
into the territory of any other contracting party in excess
of an amount equal to the estimated bounty or subsidy
determined to have been granted, directly or indirectly,
on the manufacture, production or export of such product
* The interpretative note to the corresponding paragraph
in the Charter and to the paragraphs corresponding to
paragraphs 2 and 3 would also be incorporated. GATT/CP.2/WP.3/3
Page 20.
in the country of origin or exportation, including any
special subsidy to the transportation of a particular
product. The term "countervailing duty" shall be under-
stood to mean a special duty levied for the purpose of
offsetting any bounty or subsidy bestowed, directly or
indirectly, upon the manufacture, production or export of
any merchandise.
4. No product of the territory of any contracting party
imported into the territory of any other contracting party
shall be subject to anti-dumping or countervailing duty by
reason of the exemption of such product from duties or taxes
borne by the like product when destined for consumption in
the country of origin or exportation, or by reason of the
refund of such duties or taxes.
5. No product of the territory of any contracting party
imported into the territory of any other contracting party
shall be subject to both anti-dumping and countervailing
duties to compensate for the same situation of dumping or
export subsidization.
6. No contracting party shall levy any anti-dumping or
countervailing duty on the importation of any product of the
territory of another contracting party unless it determines
that the effect of the dumping or subsidization, as the case
may be, is such as to cause or threaten material injury to
an established domestic industry, or is such as to retard
materially the establishment of a domestic industry. The
CONTRACTING PARTIES may waive the requirements of this
paragraph so as to permit a contracting party to levy an
anti-dumping or countervailing duty on the importation of
any product for the purpose of offsetting dumping or
subsidization which causes or threatens material injury to
an industry in the territory of another contracting party GATT/CP .2/WP .3/3
Page 21
exporting the product concorned to the territory of the
importing contracting party.
7. A system for. the stabilization of tho domestic
price or of the return to domestic producers of a prinery
commodity, independently of the movements of export prices,
which results at tions in the sale of the commodity for
export at a price lower than the comparable price charggd
for the like commodity to buyers in the domestic market,
shall be presumed not to result in material injury within
the meaning of paragraph 6 if it is deternined by
consultation among the contracting parties substantially
interested in the commodity concerned that:
(a) the system has also resulted in the sale of the
commodityy for export at a price higher than the
comparable price charged for the like commodity to
buyers in the domestic market, and
(b) the system is so operated, either because of the
effective regulation of production, or otherwise,
as not to stimulate exports unduly or otherwise
seriously prejudice the interests of other
contracting parties.
I.
Delete the introductory phrase to paragraph 2 of
Article XV which roads as follows:-
"Subject to the provisions of paragraph 4 of this
Article". |
GATT Library | fz215gv7438 | Draft of paragraph VII of the protocal modifying certain general provisions of the general Agreement | General Agreement on Tariffs and Trade, March 18, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 18/03/1948 | official documents | GATT/1/40 and GATT/1/29-46+38/Rev.1,40/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/fz215gv7438 | fz215gv7438_90310316.xml | GATT_145 | 139 | 904 | RESTRICTED GATT/1/40
18 March 1948
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTING PARTIES
DRAFT OF PARAGRAPH VII OF HTE PROTOCAL MODIFYING
CERTAIN GENERAL PROVISIONS OF THE GENERAL
VII. The following Article shall be inserted in the General Agreement
Tariffs and Trade after Article XXXIV:
Article XXXV
"Without prejudice to the provisions of paragraph 5 (b) of
Article XXV or to the obligations of a contracting party pursuant
to paragraph 1 of Article XXIX, this Agreement or alternatively
Article II shall not apply as between an contracting party and
any other governments becoming a] contracting party [pursuant to
Article XXXIII] if:
(a) the two contracting parties have not entered into
tariff negotiations with each other, and
(b) either of the contracting parties, at the time
either become a contracting party, does not
comment to such application." |
GATT Library | jv187bf8810 | Draft of provisional working arrangements between the International Trade Organization and the International Monetary Fund. (Item 4 (b) of the Provisional Agenda) | Interim Commission for the International Trade Organization, July 15, 1948 | Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee | 15/07/1948 | official documents | ICITO/EC.2/2/Add.2 and ICITO/EC.2/INF.1-3 ICITO/EC.2/1-2/ADD.4 | https://exhibits.stanford.edu/gatt/catalog/jv187bf8810 | jv187bf8810_90060177.xml | GATT_145 | 1,133 | 7,484 | INTERIM COMMISSION COMMISSION INTERIMAIRE DE RESTRICTED
FOR THE INTERNATIONAL L'ORGANISATION INTERNATIONALE ICITO/EC.2/2/Add.2
TRADE ORGANIZATION DU COMMERCE 15 July 1948
ORIGINAL: ENGLISH
SECOND SESSION OF THE EXECUTIVE COMMITTEE
Draft of Provisional Working Arrangements between the International Trade
Organization and the International Monetary Fund
(Item 4 (b) of the Provisional Agenda)
I. The International Monetary Fund accepts the objective of paragraph 1
of Article 24 of the Havana Charter that the International Trade Organization
and the Fund shall pursue a co-ordinated policy with regard to exchange
questions within the jurisdiction of the Fund and questions of quantitative
restrictions and other trade measures within the jurisdiction of the
Organization, and agrees to co-operate with the Organization to this end.
II. The Fund and the Organization therefore agree to bring into effect
the following working arrangements as soon as the Organization is established
and commences operations.
1. The two organizations will afford to each other every facility for
reciprocal representation at the conferences of the Organization and
the meetings of the Board of Governors of the Fund and at any other
international meeting called or sponsored by either body.
2. The Executive Board of the Organization may invite a representative
of the Fund to attend meetings of the Board at which questions of
interest to the Fund are to be discussed; and similarly, the Executive
Directors of the Fund may invite a representative of the Organization
to attend meetings of the Executive Directors at which questions of
interest to the Organization are to be discussed.
3. The Director-General of the Organization and the Managing Director
of the Fund shall make administrative arrangements to ensure the
closest possible collaboration and liaison between the staffs of the
two organizations.*
* Depending upon the decision of the Organization as to the site of its
headquarters, it may be desirable to provide that the Director-General
and the Managing Director should consider the desirability of appointing
a permanent representative of each organization at the headquarters of
the other, and if, in their judgment, such appointments would facilitate
collaboration and liaison between the staffs of the two organizations,
they should proceed to appoint such representatives.
/4. Subject ICITO/EC. 2/2/Add. 2
Page 2
4. Subject to the need for the preservation of secrecy in special
circumstances , there shall be the fullest possible exchange of information
between the Organization and the Fund relating to foreign exchange,
quantitative restrictions, monetary reserves and balance of payments.
The Organization shall furnish as required to the Fund trade
statistics collected by the Organization in accordance with Article 39
of the Havana Charter. The Organization shall determine how much of,
and when, this information shall be published, but if the Fund so requests
any part of this information shall be supplied to the Fund confidentially
prior to publication.
The Fund shall furnish as required to the ITO statistics collected
by the Fund within its special sphere. The Fund shall determine how much
of, and when, this information shall be published, but if the Organization
so requests any part of this information shall be supplied to the
Organization confidentially prior to publication.*
5. The Organization and the Fund shall co-operate in the preparation
of a report, not later than 1 March 1950, and in each year thereafter,
on action still being taken by Members of the Organization under
sub-paragraphs (b) and (c) of paragraph 1 of Article 23 and under
Annex K of the Havana Charter. This co-operation shall be intended to
ensure that the preparation of the above-mentioned reports, under
paragraph 1 (g) of Article 23 of the Havana Charter, and of the reports
required under Article XIV, Section 4, of the Articles of Agreement
of the Fund shall be co-ordinated.
6. In respect of any Member of the Organization which is not a
member of the Fund, the Organization shall consult the Fund on the
preparation and conclusion of a special exchange Agreement between that
Member and the Organization, in pursuance of Article 24 of the Havana
Charter.
7. In the event that a Member of the Organization maintains multiple
rates of exchange in respect of its currency, consistently with the
Articles of Agreement of the Fund, the Fund shall co-operate with the
Organization, under Article 35 of the Havana Charter, in the formulation
* The provisions of paragraph 4 have been drafted in general terms since the
determination of the statistical responsibilities of the Organization under
Article 39 is a matter which requires separate consideration and
consultation with a number of specialized Agencies and the United Nations.
Similarly, the statistical responsibilities of the Fund depend upon general
arrangements regarding the international collection of statistics to which
in due course the Organization will be a party.
/of rules ICITO/EC. 2/2/Add. 2
Page 3
of rules to govern the conversion of the currency of that Member by
other Members of the Organization in determining the value of products
subject to customs duties or other charges or restrictions based upon
or regulated in any manner by value.
8. The Director-General of the Organization and the Managing Director
of the Fund shall consult for the purpose of formulating
recommendations for an agreement between the two organizations regarding
procedures for consultation under paragraph 2 of Article 24. Such
recommendations shall be submitted for approval by the Executive Board
of the Organization and the Executive Directors of the Fund. As regards
the Organization, the recommendations shall subsequently be submitted to
the Conference for confirmation as required by paragraph 3 of Article 24.
Pending the conclusion of a formal agreement on procedures, the Director-
General and the Managing Director shall make such informal administrative
arrangements as may be required for such consultations.*
* This wording leaves entirely to the discretion of the Director-General
and the Managing Director the informal arrangements pending an agreement
although they would no doubt seek guidance from their Executive Board and
Executive Directors respectively. The Executive Committee may, however,
wish to consider whether it would be desirable to give some guidance in
this paragraph as to the type of arrangement which should be considered;
for example, the paragraph might ask the Director General and the Managing
Director to consider as part of these arrangements the establishment of a
Joint Committee consisting of three members appointed by the Organization
and three members appointed by the Fund, to which would be referred all
questions concerning monetary reserves, balance of payments and foreign
exchange arrangements which the ITO is called upon to consider; any such
Joint Committee to be required to work to a timetable and to report
within a specified period; the Fund meanwhile being required to communicate
to the Joint Committee and to the Organization its findings on all matters
in respect of which the determination of the Fund has to be accepted in
accordance with paragraph 2 of Article 24. |
GATT Library | gb239jh4558 | Draft of Report to the Contracting Parties | General Agreement on Tariffs and Trade, September 2, 1948 | General Agreement on Tariffs and Trade (Organization), Contracting Parties, and Working Party 6 on the United States Proposal Relating to Western Germany | 02/09/1948 | official documents | GATT/CP.2/WP.6/3 and GATT/CP.2/WP.6/1-3 | https://exhibits.stanford.edu/gatt/catalog/gb239jh4558 | gb239jh4558_91870504.xml | GATT_145 | 2,125 | 13,412 | RESTRICTED
LIMITED C
GATT/CP. 2/WP . 6/3
2 September 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
Contracting Parties
Second Session
Working Party 6 on the United States Proposal
Relating to Western Germany
Draft of Repor t to the Contrac WaP2lrties
1. The Working Party held three meetings under the Chair-
manship of Dr. G. GUTIERREZ (Cuba). All members of the
Working Party, namely, Australia, Canada, China, Cuba, France,
the Netherlands, Pakistan, the United Kingdom and the United
States, took an active part in the deliberations, and in
addition the representative for New Zealand informed the
Working Party of the views of his Government.
2. The following were the Working Party's terms of
reference:
(a) To consider the appropriateness of the procedure
suggested by the United States having regard to
the Final Note in Annex I to the General Agreement
on Tariffs and Trade and to the arguments advanced
in the course of the discussion at this Session,
(b) Having regard to (a) above, to consider the draft
agreement submitted by the United States and to
make recommendations thereon to the Contracting
Parties.
3. The Working Party first considered the appropriateness
of the procedure suggested by the representative of the United
States in the light of the discussions at the 10th and 12th
meetings of the Contracting Parties on the 23rd and 25th of
August. GATT/CP.2/WP.6/3
page 2
4. The representative of Australia expressed the view that,
as it was generally accepted that the proposed agreement
would be entirely separate from the General Agreement and
that any difficulties which might arise between signatories
would be matters for adjustment between the signatories con-
cerned, the question was beyond the competence and authority
of the CONTRACTING PARTIES; in the light of these and other
considerations to which he referred it would be inexpedient
and improper for the meeting of.the Contracting Parties to
make recommendations regarding the form of the proposed
agreement. The representative of New Zealand stated that his
government held similar views and considered that the agree-
ment proposed by the United States should be taken up
bilaterally with governments interested rather than at
meetings of the Contracting Parties.
5. All other members of the Working Party supported the
proposal of the United States representatives to prepare a
multilateral agreement, limited in scope to most-favoured-
nation treatment for Western Germany, and wished to proceed
with the preparation of a draft which might be signed by
those contracting parties which wished to adhere to-it. In
supporting this procedure the representative of China stated
that his Government did not wish any agreement that might be
signed in respect of western Germany to be accepted as a
precedent to be applied later to the trade of Japan.
6, The Working Party then examined the draft agreement
proposed by the Government of the United States in document
GATT/CP.2/W/5. In submitting to the Contracting Parties.the
draft agreement contained in the Annex to this Report, the
Working Party does not suggest that it should be formally GATT/CP.2/WP.6/3
page 3
approved. The Working Party believes that the agreement is
now in a form in which it will be acceptable to many of the
Contracting Parties. It is included in this Report, to-
gether with the following explanatory notes on a few points
which received particular attention during the discussions,
merely for purposes of record,
7. It will be noticed that the Agreement does not provide
a fixed date of termination but that in Article I there is
provision for the automatic termination of the obligation of
most-favoured-nation treatment when no signatory any longer
participates in the occupation or control of any area in
western Germany, and under Article V signatories can withdraw
from the Agreement in 1951.
8. The Working Party would draw attention to two phrases
used in Article 1. First, the term "merchandise trade"
means trade in goods and is used in preference to "products",
which would in this context exclude trade in goods produced
elsewhere than in the area concerned, and also in preference
to the word "trade" which might be interpreted to include
services such as insurance, shipping, etc. Secondly, the
reference to the most-favoured-nation provisions of the
General Agreement is meant to cover various provisions of
Part II of the Agreement as well as Article I.
9. The Working Party desires to point out that under
Article II a signatory would be obligated to extend most-
favoured-nation treatment to the occupied areas concerned
only to such extent as its trade received most-favoured-
nation treatment. The standard of the treatment to be
accorded is set by the most-favoured-nation provisions of
the General Agreement (including the exceptions) and GATT/CP. 2/WP. 6/3
page 4
accordingly, under the reciprocity clause of Article II, the
same standard would be used to measure the treatment
received. If a signatory considered that it was not in fact
receiving treatment conforming to -the standard, it would not
consider itself obligated to grant treatment in accordance
with the standard. Differences of. view between signatories
would naturally, however, be the subject of consultation.
10, In reply to questions by members of the Working Party on
the reference to tariff barriers in Article III, the represen-
tative of the United States said that there is at present only
a nominal tariff imposed on imports into western Germany and
he offered to obtain further details for the information of
the Contracting Parties. He explained that., as in most other
countries at the present time, there are various barriers to
imports in western Germany in addition to the nominal tariff,
but these were imposed, as in many other countries, mainly
for balance-of-payments reasons. Further, it would be in-,
.correct to say that the import trade of western Germany is
subject to monopoly control; the establishment of a trade
monopoly does not seem any more likely in Germany than else-
where. In reply to questions on the reference to "the
principles relating to the reduction of tariffs on a mutually
advantageous basis which are set forth in the Havana Charter"
the representative of the United States said that this was
intended to refer particularly to paragraph 4 of Article 17
and to allow the withholding of most-favoured-nation treatment
in the event of the failure of negotiations.
11. Article IV was inserted in the Agreement in order that
there should be no misunderstanding as to its independence of
the General Agreement on Tariffs and Trade. There would be no
obligation upon any Contracting Party to sign this Agreement, GATT/CP. 2/WP. 6/3
page 5
and the rights and obligations of any Contracting Party
which decides not to sign would not be in any way affected
thereby.
12. A third paragraph has been added to Article V to
provide for a meeting of signatories in the event that three
or more signatories consider that circumstances have altered
in such a manner as to require amendments to the provisions
of the Agreement,
13. Finally, with respect to the proposed Interpretative
Note, the Working Party considers that, as in the case of
countervailing duties applied under paragraph 2 of Article VI
of the General Agreement, the estimate of the amount of
subsidy determined to have been granted would necessarily
rest in the first instance with the signatory country applying
the countervailing duty, although such an estimate could
of course be questioned by the affected signatory. GATT/CP.2/WP .6/3
page 6
A N N EX
DRAFT AGREEMENT ON MOST-FAVOURED-NATION
TREATMENT FOR AREAS OF WESTERN GERMANY
UNDER MILITARY OCCUPATION
Being desirous of facilitating to the fullest
extent possible the reconstruction and recovery of the
world from the destruction wrought by the recent war,
Believing that one of the most important steps
toward such reconstruction and recovery on a sound basis
is the restoration of international trade in accordance
with the principles of the Havana Charter for an
International Trade Organization, and
Considering that the application of reciprocal
most-favoured-nation treatment to the trade of the areas
of Western Germany under military occupation will
contribute to the foregoing objectives,
The signatories agree to the following provisions:
Article I
For such time as any signatory of this Agreement
participates in the occupation or control of any area
in Western Germany, each of the signatories shall accord
to the merchandise trade of such area the treatment
provided for in the most-favoured-nation provisions of
the General Agreement on Tariffs and Trade, dated October
30, 1947, as now or hereafter amended.
Article II
The undertaking by a signatory provided for in
Article I shall apply to the merchandise trade of any
area referred to therein only for such time and to such
extent as such area accords reciprocal most-favoured-nation
treatment to the merchandise trade of the territory of such
signatory. GATT/CP. 2/WP.6/3
page 7
Article III
The undertaking in Article I is entered into in the
light of the absence, on the date of this Agreement, of
effective or significant tariff barriers to imports into
the areas referred to therein. in the event that
effective or significant tariff barriers are thereafter
imposed in any such area, such undertaking shall be
without prejudice to the application by any signatory
of the principles relating to the reduction of tariffs
on a mutually advantageous basis which are set forth
in the Havana Charter for an International bade
Organization.
Article IV
The rights and obligations established by this
Agreement are to be understood as entirely independent
of the rights and obligations which are or may be
established by the General Agreement on Tariffs and
Trade or by the Havana Charter.
Article V
1. This Agreement shall be open for signature at
Geneva on this day and shall re-ain open for signature
thereafter at the Headquarters of the United Nations.
The Agreement shall enter into force for each signatory
upon the expiration of 30 days from the day on which
such signatory signs the Agreement.
2. The undertakings in this Agreement shall
remain in force until January 1, 1951, and. except for
any signatory which at. least six months before January 1,
1951 shall have deposited with the Secretary-General of
the United Nations a notice in writing of intention to
withdraw from this Agreement on that date, they shall GATT/CP . 2/WP .6/3
page 8
remain in force thereafter subject to the right of any
signatory to withdraw upon the expiration of six months
from the date on which such a notice shall have been so
deposited.
3. On the request of any three signatories to
this Agreement, and in any event not later than January
1, 1951, the Government of the United States of America
shall convene a meeting of all signatories with a view
to reviewing the operation of the Agreemaent and to
agreeing upon such revisions as may be appropriate.
Article VI
1. The interpretative note to this Agreement shall
constitute an integral part thereof.
2. The original of this Agreement shall be deposited
with the Secretary-General. of the United Nations, who shall
send a certified copy thereof to each country to which it
is open for signature, and he is authorized to effect
registration thereof pursuant to paragraph 1 of Article 102
of the Charter of the United Nations.
3. The Secretary-General shall notify each signatory
of the date of each signature of this Agreement subsequent
to the date of the Agreement or of any notice of intention
to withdraw pursuant to paragraph 2 of Article V.
IN WITNESS WHER OF the respective representatives
duly authorised, have signed this Agreement.
Done at Geneva, in a single copy, in the English and
French languages, both texts authentic this day
of September, 1948.
[signatures] GATT/CP. 2/WP .6/3
page 9
Interpretative Note
It is recognized that the absence of a uniform
rate of exchange for the currency of the areas in Western
Germany, referred to in Article I may have the. effect of
indirectly subsidizing the exports of such areas to an
extent which it would be difficult to calculate exactly.
So. long as such a condition exists, and if consultation
with the appropriate authorities fails to result within
a reasonable time in an agreed solution to the problem,
it is understood that it would not be inconsistent with
the undertaking in Article I for any signatory to levy
a countervailing duty on imports of such goods) equivalent
to the estimated amount of such subsidization, where such
signatory determines that the subsidization is such as to
cause or threaten material injury to an established
domestic industry or is such as to prevent or materially
retard the establishment of a domestic industry. In
circumstances of special urgency, where delay would cause
damage which it would be difficult to repair, action may
be taken provisionally without prior consultation, on the
condition that consultation shall be effected immediately
after taking such action. |
GATT Library | cz880xm9421 | Draft of Second Report to the Contracting Parties. The Request of the Government of Pakistan | General Agreement on Tariffs and Trade, August 30, 1948 | General Agreement on Tariffs and Trade (Organization), Contracting Parties, and Working Party 2 on Tariff Negotiations | 30/08/1948 | official documents | GATT/CP.2/WP.2/5 and GATT/CP.2/WP.2/1-5 WP.2/2 not issued WP.2/3/Rev.1-3 | https://exhibits.stanford.edu/gatt/catalog/cz880xm9421 | cz880xm9421_91870478.xml | GATT_145 | 1,618 | 10,626 | RESTRICTED
LIMITED C
GATT/CP.2/WP. 2/5
30 August 1948
ORIGINAL:. ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
Contracting Parties
Second Session
Working Party 2 on Tariff Negotiations
Draft of Second Report to the Contracting Parties
The Request of the Government of Pakistan
Paragraph 1
At the seventh meeting on 20 August (GATT/CP.2/SR.7) the
Contracting Parties referred to Working Party 2 the request
of the Government of Pakistan for an opportunity to renegotiate
six items contained in Schedule XV with the countries to whom
the concessions had been granted by Pakistan and India in
1947, namely, China, Czechoslovakia, France and the United
States (GATT/CP.2/1). This question has been examined by
the Working Party with the assistance of the representatives
of China, Czechoslovakia and Pakistan.
Paragraph 2 (as proposed in Secretariat draft)
The representative of Pakistan explained that the request
of his Government had been put forward because of the economic
consequences of partition. It had been found that some of the
concessions granted by India and Pakistan had been more costly
to Pakistan than was foreseen at the time of the negotiations
and also some of the concessions obtained from other
countries were of less -ralue to Pakistan than had been
anticipated, Consequently, the Government of Pakistan
sought an opportunity to redress the-balance of the
concessions exchanged in 1947.
Paragraph 2 (as proposed by the Representative of Pakistan)
The representative of Pakistan explained that his Govern-
ment had found it necessary to ask for renegotiation as the GATT/CP. 2/WP . 2/5
page 2.
effect of concessions exchanged at Geneva last year on the
economy of Pakistan as a result of partition could not then
have been appreciated. He stated that the return received by
Pakistan in lieu of new concessions given was inadequate and
it could not therefore be said that the concessions
exchanged were on a mutually advantageous basis. Pakistan,
he added, had taken the first available opportunity to bring
this to the notice of the Contracting Parties.
Paragraph 3
In a paper presented to the Working Party (reproduced
in the annex to this report) the representative of Pakistan
proposed that permission should be granted for the withdrawal
of the concessions on the six items in return for which the
four countries with which the six items had been initially
negotiated would be free to withdraw certain concessions
granted by them. The representative of Pakistan explained
that, quite regardless of the decision on their request for
deletion of the six items from their Schedule, the items
indicated by them should not be shown as items on which any
concessions had been granted to Pakistan as these items were
riot produced in Pakistan and could not be exported therefrom.
It was explained to the representative of Pakistan that it
is not intended to publish any list showing the concessions
"granted" to individual countries since under the terms of
the agreement, concessions have been granted Jointly to all
Contracting Parties. The lists to be prepared under the
penultimate paragraph of the Working Party's first report
will only indicate the countries with which concessions were
initially negotiated; these lists will, for accuracy of
record, have to include both India and Pakistan against the
items in question. GATT/CP .2/WP. 2/5
page 3
In response to this proposal, the representative of India
stated that the concessions granted by China, Czechoslovakia,
France and the United States, which Pakistan now suggested
right be withdrawn had been initially negotiated as much with
India as with Pakistan, that the partition of the country
had already changed to India's disadvantage the balance of the
concessions exchanged in 1947, and that India will, therefore,
not agree to any concessions at present received by her
being reduced or withdrawn. The representative of Pakistan
stated that the question whether the balance of concessions
exchanged jointly with India and Pakistan had changed to
India's or Pakistan's disadvantage required proper assessment
of the position, and he was therefore not prepared without
such assessment to accept the proposition that the balance
had changed to India's disadvantage.
The representative of India stated that India would
have no objection to an arrangement between Pakistan and
other contracting parties concerned which provided either for
new concessions on one side or the other, while leaving the
concessions granted in 1947 unaltered, or for the withdrawal
of the six concessions proposed by Pakistan without
compensation to the countries concerned. In this case the
negotiations might be concluded in a short tine, and, since
only the reduction of tariffs would be involved, the consent
of the Contracting Parties flight be easily obtained.
The representative of Pakistan stated that their
instructions were to ask for the withdrawal of the six items
for reasons already explained and it was not their intention
to suggest that the countries concerned should necessarily
raise tariffs on the items on which Pakistan was not
intere sted. GATT/CP. 2/WP. 2/5
page 4.
The Working Party heard the views of the representatives
of a number of countries. Czechoslovakia was prepared to
start immediately in the hope of concluding an arrange-.ent
before the end of the Second Session. France; China and the
United States, on the other hand, could not do more during
the Second Session than hold preliminary talks. In the case
of the United States, if the negotiations were to result in
chances in the tariff, the usual procedures of giving public
notice, etc. would-have to be observed. Benelux as well as
India, was substantially interested in the Pakistan proposals
and would wish to participate in the negotiations.
The members of the Working Party wore unanimous in
recognizing Pakistan's case as unique and in their desire to
treat the request with sympathy. The Working Party did not
consider the question whether or not there was a lack of
balance in the concessions effective between Pakistan and
other countries or between India and other countries.
paragraph 6 (as proposed in the Secretariat draft)
Accordingly, the Working Party decided to recommend the.
following procedure:
1. The representatives of Pakistan should begin
bilateral talks immediately with representatives of
the four goverments with which the six items had
been initially negotiated and should endeavour
before the end of the Second Session, to reach a
preliminary understanding on the adjustment to be
made.
2. Any preliminary conclusions reached before the
end of the Second Session should be made known to GATT/CP. 2/WP. 2/5
page 5.
the contracting Parties so that other governments
which found that they were interested could request
an opportunity to participate in the latter
negotiations.
3. The result of the bilateral negotiations in the
ensuing months should be reported to. the contracting
parties at the opening of the Geneva meeting, for
examination and approval.
Paragraph 6(as proposed by the Representative of India)
1. Pakistan should enter into bilateral negotiations
-imediately with the four governments with which
the six items indicated by Pakistan were initially
negotiated. If any other items, occurring in the
Pakistan or other Schedules, are affected by any
adjustment that may be proposed similar negotiations
should take place with governments with which those
items were initially negotiated. An attempt
should be made before the end of the Second Session
to reach at least a preliminary understanding in
regard to the adjustment to be made.
2. The above procedure is without prejudice to the
right of any other contracting party which may be
substantially affected to seek adjustment. The
results of the negotiations under (1) above should
therefore, be communicated, through the Secretariat,
to the other contracting parties.
3 The approval of the Contracting Parties should be
sought at the] next session to any modifications in
the Schedules that may be agreed upon. GATT/CP. 2/WP. 2/5
page 6
ANNEX
PAKISTAN'S REQUEST FOR RE-NEGOTIATIONS
NOTE SUBMITTED BY PAKISTAN DELEGATION
FOR THE CONSIDERATION OF WORKING PARTY NO. 2
In pursuance of the decision of the Contracting Parties
contained in Document No. GATT/CP.2/SR.7, dated 21st August
1948, the Pakistan Delegation suggest the following Procedure
for conducting re-negotiations on the following items with the
countries mentioned against each.
(Item 31(4) Camphor U.S.A.
(Item 49(b) Textile manufacturers China
(Item 49(2) Ribbons France
(Item 50(3) Glass beads and false Czechoslovakia
pearls
A.
(Item 73(4) Wireless receivers U.S.A.
etc
(Item 79 Musical instruments U.S.A.
and parts thereof France
and records for
talking machines
1. These items in Pakistants schedule No. XV of
GATT may be deleted.
2, If 1 above is agreed to, Pakistan will be
prepared to consider deletion by the countries
concerned of one or more of the following items
occurring in their schedules. These items have
been selected because they are not produced in
Pakistan and cannot therefore be exported
therefrom.
PAKISTAN-CHINA
(Chinese tariff item No, and brief description
B ( 527 Shellac and button lac
( 423 Leaf tobacco GATT/CP. 2/WP.2/5
page 7
PAKISTAN - CZECHOSLOVAKIA
C. (Czech tariff item No. and brief description
( 174 Shellac
( 280 Coir mats and mattings
( 304 Raw rubber
( 391(b) Stone, slabs, etc.
PAKISTAN - FRANCE
D. (French tariff No. and brief description
( 264 Mica blocks splittings
and waste
( 264 Pulverised Mica
( 1033 g Coir mats and mattings
PAKISTAN - U.S.A.
( U.S.A. tariff item No. and brief description
( 58 Sandalwood oil
( 208(a) Unmanufactured Mica
( 208(c) Mica films and splittings
not cut or stamped
Net above 12/1000"
E. thick over 12/000" thick
( 208(d) Mica films cut or stamped
( 208(g) Mica waste and scrap
( 761 Cashew nuts
( 764 Niger seeds
( 1022 Coir mattings and articles
made therefrom
As for the time of negotiations it is submitted that
if the above proposals are agreed to, the changes can be given
effect to immediately after the end of the Second Session
of the Contracting Parties. |
GATT Library | mq201nh6371 | Draft proposed by the Delegation of the United Kingdom | United Nations Conference on Trade and Employment, January 17, 1948 | Third Committee: Commercial Policy and Sub-Committee B (proposed new Article 18A) | 17/01/1948 | official documents | E/CONF.2/C.3/B/W.2 and E/CONF.2/C.3/A/WHITE PAPERS/C.3/B/W.1-7/C.3/C/W.1-16 | https://exhibits.stanford.edu/gatt/catalog/mq201nh6371 | mq201nh6371_90190491.xml | GATT_145 | 125 | 831 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMLOI
RESTRICTED
E/CONF.2/C .3/B/W.2
17 January 1948
ORIGINAL: ENGLISH
THRD COMMITTEE: COMMERCIAL POLICY
SUB-COMMlTTEE B (PROPOSED NEW ARTICLE 18 A)
DRAFT PROPOSED BY TE DELEGATION OF THE UNITED KINGDOM
Article 18 A
1. Meers shall not require exports to or imports from any other country
to be shipped or insured by enterprises of any prescribed nationality.
2. The Organization, shal l make an arrangement under Article 84 with an
inter-governmental organization having wide international responsibilities
in the fields referred to in paragraph 1 of this Article, to deal with all
mttears relating to this Article which may be referred to the Executive
Board or the Conference under Articles 89 and 90. |
GATT Library | dp720tv1330 | Draft protocol of supersession and amendments | General Agreement on Tariffs and Trade, March 4, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 04/03/1948 | official documents | GATT/1/11 and GATT/1/9-28+21/Add.1 | https://exhibits.stanford.edu/gatt/catalog/dp720tv1330 | dp720tv1330_90310285.xml | GATT_145 | 923 | 6,060 | RESTRICTED GATT/1/11
4 March 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTING PARTIES
DRAFT PROTOCOL OF SUPERSESSION AND AMENDMENTS
In accordance with the indication of the Chairman at the second meeting of
the Contracting Parties, held on 2 March there is circulated herewith a draft
protocol on superseesion and amendments of the Agreement for initial considerations
by the interested Governments.
/The Governments GATT/1/11 Page 2 The Governments of the COMMONWEALTH 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 CZECHOSLOVAK REPUBLIC, THE FRENCH
REPUBLIC, INDIA, LEBANON, THE GRAND-DUCHY OF LUXEMBOURG, 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,
Having signed the Final Act adopted at the conclusion of the Second Session
of the Preparatory Committee of the United Nations Conference on Trade and
Employment and having thereby authenticated the text of the General Agreement cn
Tariffs and Trade,
Having participated in the United Nations Conference on Trade and, employment
which has framed a Charter for an International Trade Organization, and
Being desirous of giving effect 'to certain changes in the text Df the
general provisions of the General Agreement,
Agree as follow:
1. Article XIV of the General Agreement on Tariffs and Trade is
amended to read as follows:
[Insert text of Article 23 of Charter]
2. Article XXIV of the General Agreeme2t on -ar2riffs emd Tade i.
; . ended to read as follows:
: >ffnaert text of Article 42 of cbhter7
3-e .:ParagTb 5. of Article XV of the General Agreement On Tariffs and
ndi e is amended to read. as Tollos: .-
"5. (a) in exceptional circumstances not where p de .
f for. ln this Agreement, the COMIACTIG PAPTIES may vaive
an obligation imposed upon a contracting party by thie
Agreement; Provided that any such decicn shall -be
approved by a two-thirds maJority of tbo ?otas cast and
-that such -majority shall comprise more tbar half of the
contracting pertiss, .
he A PARES my also I such a vote
(i) define certain categories tf exceptional
circumstances to which other voting
reguiremente shall apply for the river
of obligations, and.
(ii) prescribe such criteria as may be
necessary for the application of this
paragraph.
/(b) If any GATT/1/11
Page 3
(b) If any contracting part has feiled without sufficient
Justification to carry out negotiations with another
contracting party, of the kind describe in Article 17 of the
Charter for an international Trade Organization, the CONTRACTING
PARTIES may, upon complaint and after investigation, authorize
the complaining contracting party to withhold. from the other the
concessions incorporate in the relevant Schedule to this
Agreement. In any judgement as to whether a contracting party
has so failed, the CONTRACTING PARTIES shall have regard to all
relevant circumstance, including the developmental reconstruction
and other needs and the general fiscal structures of the
contracting parties concerned and to the provisions of the
Charter as as whole. If in fact the concessions referred to
are so withheld. so as to result in the application to the
trade of the other contracting party of tariffs higher than
would. otherwise have been applicable, such. other contracting
party shall then be free, within sixty days after such action
becomes effective, to give written notice of withdrawal from
the Agreement. The withdrawal shall take effect upon the
expiration of sixty days from the day on which such notice is
received. by the CONTRACTING PARTIE5.
(c) The provisions of sub-paragraph (b) shall not apply as
between any, two contracting parties the Schedulea of which
contain concessions initially negotiated between such
contracting parties."
4. Paragraph 1 of Article XXIX of the General Agreement on Tariffs and
rade is amended to read as follows:
"1. The Contracting parties, recognizing that the objectives
set forth in the preamble of this Agreement can beat be attained.
through the adoption of the Havana Charter for an International
Trade Organization, undertake to observe to the fullest extent
of their executive authority the general principles of the Charter
pending their acceptance of it in accordance with their
constitutional procedures.
5. To amend paragraph 2 of Article XXIX to read as follows:
"On the day on which the Charter of the International Trade
Organization enters into forces and for such time as the
Charter remains in force, Paragraphs 1 and 2 of Article I and
Part II of this Agreement shall be. suspended and superseded by
the corresponding provisions of the Charter."
16. Article XXXIII GATT/1/11 Page 4
6. Article XXXIII of the General Agrement on Tariffs and Trade is
amended to read as follows :
"A government not party to this Agreement, or a government
acting on behalf of a .separate customs territory possessing
full autonomy in the conduct of its external commercial
relatinos and of the other matters provided for in this
Agreement, may accede to this Agreement, on its own behalf
or on behalf of that territory, on term to be agreed
between such government and the CONTRACTING PARTIES.
Decisions of the CONTRACTING PARTIES under this paragraph
shall be taken by a two-thirds majority."
7. The present Agreement shall enter into force on .................
In witness whereof the representatives have signed the present
Agreement
Dcne at Eavena, in a single- copy, in the wXtilish and Yrench
manages, Bboth -exts authentic,. this -of March 1948. |
GATT Library | gk583ft5292 | Draft Report | United Nations Conference on Trade and Employment, January 31, 1948 | Third Committee: Commercial Policy and Sub-Committee J (State Trading) | 31/01/1948 | official documents | E/CONF.2/C.3/J/W.7, E/CONF.2/C.3/H/W.9/C.3/J/W.1-8, and C.3/J/WHITE PAPERS | https://exhibits.stanford.edu/gatt/catalog/gk583ft5292 | gk583ft5292_90190633.xml | GATT_145 | 3,311 | 21,533 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/C0NF.2/C.3/J/W.7
ON DU 31 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
THIRD COMMITTEE : COMMERCIAL POLICY
SUB-COMMITTEE J (STATE TRADING)
DRAFT REPORT
1. The Third Committee at its twenty-eighth meeting on 7 January 1948
approved the formation of a Sub-Committee on Section D - State Trading - of
Chapter IV consisting of the representatives of Czechoslovakia, Ecuador,
Egypt, Mexico, Netherlands, New Zealand, Pakistan, Switzerland, the United
Kingdom and the United States.
2. The terms of reference of the Sub-Committee were to consider and make
recommendations upon the text of Articles 30 and 31 and the Notes attached
and amendments submitted to these Articles.
3. The Sub-Committee understood the proposal by the delegation of Argentina
to delete the entire Section D, which had met with no support during the
discussion in Committee, to be outside its terms of reference and did not,
therefore, include it in its considerations.
4. The Sub-Committee held its first meeting on Monday, 12 January 1948 and
unanimously elected the Right Honourable Walter Nash (New Zealand) Chairman.
5. The Sub-Committee held seven meetings. Representatives of several
countries not members of the Sub-Committee attended the meetings as observers.
Delegates for Belgium, Canada, Cuba and Denmark took an active part in the
discussion on points of special interest to them.
6. In the course of its work the Sub-Committee examined the text of
Articles 30 and 31, the Notes attached and all outstanding amendments.
submitted to these Articles as listed in document E/CONF.2/C.3/9, as well
as amendments and observations subsequently submitted by Members and
recommendations made by other Sub-Committees.
7. In order to facilitate. the work of the Sub-Committee, several working
groups to consider particular items were established on which the delegates
for Czechoslovakia, Mexico, the Netherlands, New Zealand, Switzerland the
United Kingdom and the United States were represented. The successful
conclusion of the Sub-Committee's tasks was in no small measure due to the
untiring efforts of these working groups under the presidency of the Chairman
of the Sub-Committee.
/8. The Sub-Committe E/CONF.2/C.3/J/W.7
Page 2
8. The Sub-Committee was able to reach unanimous agreement on most points,
only a small number of decisions taken being subject to reservations by
individual delegations. This large measure of agreement reached was due to
the spirit of conciliation shown by members of the Sub-Committee.
9. The text of Section D as agreed - subject to the reservation mentioned -
and recommended by the Sub-Committee for approval by Committee III is attached
as an Annex to this Report.
SPECIFIC COMMENTS
Section D
10. With regard to the additional provisions included in this Section it
was considered necessary to make a corresponding change in the title of the
Section.
Article 30
11. A drafting amendment, replacing in sub-paragraph 1 (a) the words
"principles.... applied in this Charter to governmental measures" by "prescribed
in this Charter for governmental measures" was adopted so as to express more
correctly the purpose of the provision.
12. It was decided to embody the substance of the paragraphs in the footnotes
to paragraph 1 relating to Marketing Boards in a new Article to follow after
Article 30.
13. In regard to the footnote to paragraph 1 concerning different prices in
different markets for sales of products by state enterprises, it was decided
to retain the principle contained in the footnote. The Sub-Committee agreed,
therefore, to amend the text so as to include purchases as well as sales and
to take account also of relevant factors other than supply and demand. The
representative of Belgium stated that if the new text is approved his
delegation would not maintain the reservation made at Geneva.
14. The Sub-Committee felt that the Note appended to sub-paragraph 1 (a)
could not be dispensed with. It was agreed to recommend the retention of
its text, with certain alterations, as a footnote attached to that sub-paragraph
and forming a part of the Charter. This was done on the understanding that
should it eventually be decided to eliminate all footnotes, the wlrding of
the Note would have to be reconsidered before including in the text itself.
15. It was felt that the matter covered in the Note appended to sub-paragraph
1 (b) did not require express statement. It was therefore agreed to delete
this Note.
16. An amendment by Mexico proposing to delete paragraph 2 was withdrawn.
17. It was not considered necessary to retain the Note attached to
sub-paragraph 1 (b) in the Geneva Draft.
/New Article 30A E/CONF.2/C.3/J/W.7
Page 3
New Article 30A
18. Following the discussion on the footnotes relating to Marketing Boards
appended to paragraph 1 of Article 30 and on the amendment by the New Zealand
delegation as to how the provisions of the Charter would apply to the
activities of Marketing Boards and similar bodies it was agreed unanimously
that a provision dealing with this question should be included in the Charter.
A suitably drafted text for a new Article, headed "Marketing Organizations",
has accordingly been inserted.
Article 31
19. Arising from the amendment proposed by the United States, the Sub-Committee
agreed that the last phrase of sub-paragraph 1 (b) as previously drafted did
not accurately express the intention of that provision. It was therefore
decided to make the drafting change indicated in the annexed text.
20. The Cuban delegation explained the object of its amendment
(document E/CONF.2/C.3/1/Add.52) and advised that they would be satisfied if
paragraph 2 (b) was altered in any of the following ways:
(A) ".......or would be not wholly effective for the achievement of...."
(B) "........ or would not be satisfactorily effective for the achievement
of ....."
"Provided that a record should also be kept with the Committee with an
explanation of the interpretation to the effect, that if the negotiation of
the maximum import duty should not be entirely or partially effective in
attaining the objects mentioned in sub-paragraph 1 (b), any other agreement
which it reached in accordance with sub-paragraph 2 (b) does not exclude the
agreement regarding the maximum import duties mentioned in sub-paragraph (a)."
It was considered that the proposed change in the wording would not add
anything to the present scope of sub-paragraph (b). The Sub-Committee also
expressed the view that the wording of sub-paragraph (b) was not intended to
preclude a negotiation under this sub-paragraph in conjunction with, or in
addition to, a negotiation under sub-paragraph (a).
21. The Sub-Committee expressed the view that the Note appended to paragraph 3
of the Geneva Draft which reads:
"If the maximum import duty is not bound by negotiations according
to sub-paragraph 2 (a) the Member is free to change at any time the
declared maximum import duty, provided that such change is made public
or notified to the Organization."
represents a correct interpretation of the provision. It was considered,
however, that the text as drafted was sufficiently clear and that there was
no need to retain the footnote.
/22. The Sub-Committee E/CONF.2/C.3/J/W.7
Page 4
22. The Sub-Committee considered that whilst the Note appended to
paragraph 4 of the Geneva draft could not be deleted, it was not suitable
for inclusion in the text of the Article. It was decided therefore to
recommend its retention as a footnote.
23. The proposal by Denmark to add the following proviso:
"Provided such rationing does not aim at restrictions over and above
such restrictions that are otherwise justified according to the Charter"
was not approved.
The representative of Denmark reserved his position provisionally.
24. An amendment to paragraph 6 submitted by the delegation of Switzerland
was fully considered in the Sub-Committee.
It was decided to retain the present text.
25. The representative of Ecuador provisionally reserved his position in
respect of all provisions relating to monopolies.
26. The Note attached to Article 31 of the Geneva draft, concerning the
deletion of Article 33 as contained in the London draft, was omitted.
27. The following statement appears as a footnote under Article 31 on
page 29 of the Geneva draft:
"Arising out of a proposal by the New Zealand delegation to make an
addition to the previous text of Article 33, the Preparatory Committee
considered the special problems that might be created for Members which,
as a result of their programmes of full employment, maintenance of high
and rising levels of demand and economic development, find themselves
faced with a high level of demand for imports, and in consequence
maintain quantitative regulations of their foreign trade. In the
opinion of the Preparatory Committee the present text of Article 21,
together with the provision for export controls in certain parts of
the Charter, e.g. in Article 43, fully meet the position of these
economies.
The delegation of New Zealand reserved the position of its Government on
this question." -- -
The New Zealand delegation stated that until the final text of the Charter
hadbeen-et rmneed it main tan d ts iree rvatiion onthis.qust on
28. TheSub-Committee econslidered th ffo lowing comm unicationfrom.he
hairmoanm f S 1u-CmCommiitte VI:e of 'ntee.I
"Thoemittoint Suombit-Cmnn of Cc ees V and VIo has been- nsidering
e substa nce,nd the-ocnation of aeexception to be made in respect
of agreements mfor ade by or military establishments for the purpose
/ofmeeting E/CONF.2/C.3/J/W.7
Page 5
of meeting essential requirements of national security. The
Sub-Committee had decided to recommend the inclusion of the
appropriate provision in Article 94.
However, in putting forward this recommendation the Sub-Committee
is of the view that a related provision should be introduced elsewhere
in the Charter concerning the need for consultation on the liquidation
of any stock piles accumulated under such a provision in Article 94.
The Sub-Committee considers that the insertion of a provision on
liquidation might best be considered in Section D of Chapter IV.
Accordingly, the Joint Sub-Committee would be grateful if Sub-Committee J
of the Third Committee would give consideration to this question.
The Joint Sub-Committee has instructed me to communicate this request
to you, and at the same time to transmit for possible consideration
by Sub-Committee J two alternative versions of such a provision which
the joint Sub-Committee had before it:
(1) That following the word "sale" at the end of the first
sentence in paragraph 2 of Article 30 a proviso might be added
to the following effect:
"Provided that, upon a complaint that substantial injury is
being caused or is anticipated, a Member shall accord
sympathetic consideration to, and shall afford adequate
opportunity for, consultation regarding such representations
as may be made by any other Member with respect to disposal
of reserve stocks so acquired."
(2) That any provision to be made in Section D might be along
the following lines:
"Any Member accumulating non-commercial reserves of primary
commodities for military purposes under an inter-governmental
agreement.....shall not make arrangements for the commercial
liquidation of such reserve stocks in such a way as to insure
the commercial interests of producers of the commodities in
question, and shall consult with the Organization as to the
best means to that end."
While the Joint Sub-Committee was agreed in recommending that
Sub-Committee J consider the inclusion of some provisions for
consultation on the liquidation of such stock piles, the Joint
Sub-Committee had not examined the merits of either of the texts
reproduced above and is merely transmitting them for information
and to provide a possible basis for discussion."
/The Sub-Committee E/CONF.2/C.3/J/W.7
Page 6
The Sub-Committee decided to recommend the insertion of a new Article, to
follow after Article 31 dealing with the liquidation of non-commercial
Government stocks of primary commodities. The term "non-commercial purposes"
has been used to make clear that the stocks held by Governments for commercial
purposes - e.g., those of state trading enterprises, are excluded from the
provisions of the proposed new Article. The main reason for the inclusion
of Article 31A was to provide machinery for prior consultation in regard
to the liquidation of stocks accumulated for security reasons. The delegate
for Mexico provisionally reserved his position.
/ANNEX E/CONF.2/C.3 /J/W.7
Page 7
ANNEX
SECTION D - STATE TRADING AND RELATED MATTERS
ARTICLE 30
Non-Discriminatory Treatment
1. (a) Each Member undertakes that if it establishes or maintains a State
enterprise, wherever located, or grants to any enterprise, formally or
in effect, exclusive or special privileges, such enterprise shall, in
its purchases or sales involving either imports or exports, act in a
manner consistent with the general principles of non-discriminatory
treatment [applied] prescribed in this Charter [to] for governmental
measures affecting imports or exports by private traders.
(b) The provisions of sub-paragraph (a) of this paragraph shall be
understood to require that such enterprises shall, having due regard
to the other provisions of this Charter, make any such purchases or
sales solely in accordance with commercial considerations, including
[prices] price, quality, availability, marketability, transportation
and other conditions of purchase or sale, and shall afford the
enterprises of the other Members adequate opportunity, in accordance
with customary business practice, to compete for participation in such
purchases or sales.
(c) No Member shall prevent any enterprise (whether or not an
enterprise described in sub-paragraph (a) of this paragraph) under its
jurisdiction from acting in accordance with the principles of
sub-paragraphs (a) and (b) of this paragraph.
2. The provisions of paragraph 1 of this Article shall not apply to imports
of products for immediate or ultimate consumption in governmental use and not
otherwise for resale or for use in the production of goods for sale. With
respect to such imports, the Members shall accord to the trade of the other
Members fair and equitable treatment.
NOTES
Paragraph 1
Different prices for sales and purchases of products in different
markets are not precluded by the provisions of this Article, provided that
such different prices are charged or paid for commercial reasons having regard
to differing conditions, including supply and demand, in sold Markets.
Sub-Paragraph 1 (a)
Sub-paragraphs 1 (a) and (b) of this Article shall not be constured as
/applying to E/CONF.2/C.3/J/W.7
Pege 8
applying to the trading activities of enterprises to which a Member has
granted licenses or other special privileges
(a) solely to ensure standards of quality and efficiency in the
conduct of its external trade
(b) for the exploitation of its natural resources, provided that,
the Members do not thereby establish or exercise effective control
or direction of the trading activities of the enterprise in question,
or create a monopoly whose trading activities are subject to
effective governmental control or direction.
/ARTI CA
___ E/CONF.2/C.3/J/W.7
Page 9
ARTICLE 30A
Marketing Organizations
If A Member establishes or maintains a marketing board, commission or
similar organization it shall:
(a) be subject to the provisions of paragraph 1 of Article 30
with respect to purchases or sales of such bodies: and
(b) with respect to any regulations of such bodies governing
the operations of private enterprises, be subject to the other
relevant provisions of the Charter.
/ARTILIE 31 E/CONF.2/C.3/J/W.7
Page 10
ARTICLE 31
Expansion of Trade
1. If a Member establishes, maintains or authorizes, formally or in effect,
a monopoly of the importation or exportation of any product, such Member
shall, upon the request of any other Member or Members having a substantial
interest in trade with it in the product concerned, negotiate with such
Member or Members in the manner provided for under Article 17 in respect of
tariffs, and subject to all the provisions of this Charter with respect to
such tariff negotiations, with the object of achieving:
(a) in the case of an export monopoly, arrangements designed to
limit or reduce any protection that might be afforded through the
operation of the monopoly to domestic users of the monopolized
product or designed to assure exports of the monopolized product
in adequate quantities at reasonable prices; or
(b) in the case of an import monopoly, arrangements designed to
limit or reduce any protection that might be afforded through the
operation of the monopoly to domestic producers of the monopolized
product, or designed to [prevent] reduce any limitation of imports
[to an extent inconsistent with the provisions of this Charter,]
which is comparable with a limitation made subject to negotiation
under other provisions of this Chapter.
2. In order to satisfy the requirements of sub-paragraph 1 (b) of this
Article, the Member maintaining a monopoly shall negotiate:
(a) for the establishment of the maximum import duty that may
be imported in respect of the product concerned; or
(b) for any other mutually satisfactory arrangement consistent
with the provisions of this Charter if it is evident to the
negotiating parties that to negotiate a maximum import duty under
sub-paragraph (a) of this paragraph is impracticable or would be
ineffective for the achievement of the objectives of paragraph 1
of this Article.
Any Member entering into negotiating under sub-paragraph (b) of this
paragraph shall afford to other interested Members an opportunity for
consultation in respect of the proposed arrangement.
3. In any case in which a maximum import duty is not negotiated under
paragraph 2 (a) of this Article, the Member maintaining the import monopoly
shall make public or notify the Organization of the maximum import duty which
it will apply in respect of the product concerned.
4. The price charged by the import monopoly for the imported product in
the home market shall not exceed the landed cost plus the maximum import
/duty E/CONF.2/C.3/J/W.7
Page 11
duty negotiated under paragraph 2 of this Article or made public or notified
to the Organization under paragraph 3 of this Article after due allowance
for internal taxes, transportation, distribution and other expenses incident
to the purchase, sale or further processing, and for a reasonable margin of
profit; Provided that regard may be had to average landed costs and selling
prices over recent periods; and Provided further that, where the product
concerned is a primary product and the subject of a domestic price
stabilization arrangement, provision may be made for adjustment to take
account of wide fluctuations or variations in world prices subject, where a
Maximum duty has been negotiated, to agreement between the counties parties
to the negotiation.
5. With regard to any product to which the provisions of this Article apply
the monopoly shall; wherever this principle can be effectively applied and
subject to the other provisions of this Charter import and offer for sale
such quantities of the product as will be sufficient to satisfy the full
domestic demand for the imported product, account being taken of any
rationing to consumers of the imported and like domestic product which may
be in force at that time.
6. In applying the provisions of this Article, due regard shall be had for
the fact that some monopolies are established and operated mainly for social,
cultural, humanitarian or revenue purposes.
7. This Article shell not limit the use by Members of any form of
assistance to domestic producers permitted by other provisions of this
Charter.
NOTE
Paragraph 4
With reference to the second proviso, the method and degree of
adjustment to be permitted in the case of a primary product that is the
subject of a domestic price stabilization arrangement should normally be
a matter for agreement at the time of the negotiations under sub-paragraph (a)
of paragraph 2.
/ARTICLE 31A E/CONF.2/C.3 /J/W.7
Page 12
ARTICLE 31A
Liquidation of Stocks
1. Any Member holding stocks of any primary commodity accumulated for
non-commercial purposes shall:
(a) give not less than four months public notice of its
intention to liquidate such stocks; or,
(b) give four months prior notice to the Organization of
such intention.
In either case, the Member concerned shall, at the request of any Member
which considers itself substantially interested, consult as to the best means
of avoiding substantial injury to the economic interests of producers and
consumers of the primary commodity in question.
2. The provisions of paragraph 1 shall not apply to routine disposal of
supplies necessary for the rotation of stocks to avoid deterioration. |
GATT Library | cw139kg0922 | Draft Report for Submission to the Contracting Parties | General Agreement on Tariffs and Trade, August 26, 1948 | General Agreement on Tariffs and Trade (Organization), Contracting Parties, and Working Party 2 on Tariff Negotiations | 26/08/1948 | official documents | GATT/CP.2/WP.2/4 and GATT/CP.2/WP.2/1-5 WP.2/2 not issued WP.2/3/Rev.1-3 | https://exhibits.stanford.edu/gatt/catalog/cw139kg0922 | cw139kg0922_91870477.xml | GATT_145 | 4,166 | 26,883 | RESTRICTED
LIMITED C
GATT/CP.2/WP. 2/4
26 August 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
Contracting Parties
Second Session
Working Party 2 on Tariff Negotiations.
Draft Report for Submission to the Contracting Parties
The Working Party on Tariff Negotiations was appointed
at the third meeting of the Second Session of the Contracting
Parties on 17 August 1948.
The Working Party held five meetings under the Chair-
manship of Mr. B.N. ADARKAR, the representative of India.,
All the members of the Working Party namely, the representa-
tives of Belgium, Brazil, France, Lebanon, South Africa,
United Kingdom and United States, participated in the
deliberations and, by invitation, the representatives of
other contracting parties and several observers also took
part in the discussions.
The Working Party was instructed to study the question
of the scheduling of future tariff negotiations and to report
on the procedures to be followed. Subsequently, however,
two further questions were referred to the Working Party,
namely the requests of Pakistan and Cuba for the renegotiation
of certain items in Schedules to the General Agreement.
Consequently, this report will be composed of three parts
dealing respectively with the three questions named. GATT/CP .2/WP . 2/4
page 2
A. Tariff Negotiations
The Working Party examined the problem of the scheduling
of tariff negotiations in the light of the discussion at the
third meeting of the Contracting.Parties (GATT/CP.2/SR;3)
in the expectation that about ten governments will wish to
participate with a view to acceding to the General Agreement,
It would appear from the documents that have been circulated
(GATT/CP.2/2 and GATT/CP.2/13 and 13/Add.1 and 2) that the
following countries will wish to negotiate: Denmark,
Dominican Republic Finland, Greecel Haiti, Italy, Uruuguay
and possibly Colombia, Sweden and Turkey.
The representatives of Australia and the Netherlands
and the observers for Finland, Italy, and Sweden should be
particularly mentioned for the assistance they rendered to
the Working Party during their discussions of this question,
The main task undertaken by the Working Party was the
preparation of a memorandum to be issued by the contracting
parties for the guidance of the governments wishing to accede
to the Agreement and of others which have not replied
definitely to the invitation issued by the Chairman of the
Contracting Parties. The memorandum recommended by the
Working Party is given as an Annae to this Report. It is
based upon the decisions of the Contracting Parties at their
third meeting that the purpose of the negotiations will be
to secure the accession of other countries to the General
Agreement, and to provide an opportunity for minor adjustments
of existing Schedules and for the completion of unfinished
talks begun at Geneva in 1947, and, further, that the main
negotiations should be conducted at a multilateral meeting
to be held in Geneva in the early part of 1949, although it
would be understood that preparatory work could be carried
out bilaterally in advance, GATT/CP. 2/WP. 2/4
page 3
Section I of the draft memorandum sets out the purposes
or the negotiations; in Section II the scope of the
negotiations is described in terms of the "principal supplier"
rule; and the methods of negotiation in Section III.are based
upon the provisions of paragraph 2 of Article 17 of the
Havana Charter. The timetable for the negotiations, which
appears in Section III calls for the exchange of copies of
customs tariffs and trade statistics by the 15 September, for
the submission of preliminary lists of products on which
concessions are to be requested by the31 October, 1948, and
for the exchange of final lists of requests for tariff and
other concessions by 1 January, 1949. It is proposed that
the multilateral meeting will open in Geneva on 11 April
1949. The exchange of offers, and other matters concerning
the multilateral stage of the negotiations, are described
in-Section V.
In Section V of the draft memorandum, which describes
the procedures at Geneva, the Working Party has not included
a definite recommendation for the incorporation of the results
of the negotiations in the General Agreement; since they
consider that it is not possible to foresee the circumstances
and requirements so long in advance and that, in any case, a
decision at this stage on the procedures to be adopted, the
exact nature of the instruments to be signed, etc. would
serve no useful purpose either for the contracting parties
or for the acceding governments to whom the memorandum will
be addressed,
The Working Party was informed by the observer for
Italy of his Government's desire to participate in the
negotiations and of the difficulties that would be encountered
in complying with the proposed timetable because of the need GATT/CP. 2/WP 2/4
page 4
to raise the Italian tariff and the project for a Customs
Union with France. The Working Party wishes to record its
opinion that these difficulties should not be allowed to
prevent Italy's participation provided a satisfactory basis
for negotiations can be found.
There is another point to which the Working Party
particularly wishes to draw attention. The third paragraph
in Section V states that at the conclusion of the Geneva
meeting each participating government will be required to
supply a consolidated list of all the concessions granted to
the other participating governments, and this list is to bear
an indication opposite each item of the country with which
the concession was initially negotiated. Similar lists were
to have been exchanged at the conclusion of the negotiations in
1947, but it appears that many of the Contracting Parties
failed to comply with the request which was then made. It
is now recommended by the Working Party that steps should be
taken by all contracting parties to ensure that each other
contracting party has received a consolidated list marked
in the manner indicated.
B. The Request of the Government of Pakistan
The first of the two questions subsequently referred to
the Working Party (GATT/CP.2/SR.7) was the request of the.
Government of Pakistan for an opportunity to renegotiate the
six items contained in Schedule XV with the countries to whom
the concessions had been granted by Pakistan and India in
1947, namely, China, Czechoslovakia, France and the United
States. (GATT/CP.2/1) This question has been examined. by
the Working Party with the assistance of the representatives
of China, Czechoslovakia and Pakistan. GATT/CP.2/WP.2/4
page 5
The representative of Pakistan explained that the
request of his Government had been put forward because of the
economic consequences of partition. It had been found that
some of the concessions granted by India and Pakistan had
been more costly to Pakistan than was foreseen at the time
of the negotiations and also sore of the concessions obtained
from other countries were of less value to Pakistan than had
been anticipated. Consequently, the Government of Pakistan
sought an opportunity to redress the balance of the concessions
exchanged in 1947. The members of the Working Party were
unanimous in recognizing Pakistan's case as unique and in
their desire to treat the request with sympathy.
In a paper presented to the Working Party the representa-
tiva of Pakistan proposed that permission should be granted
for the withdrawal of the concessions on the six items in
return for which the four countries with which the six items
had been initially negotiated would be free to withdraw
certain concessions granted by them. -In response to this
proposal, the representative of India stated that his country
had also suffered as a result of partition, and he explained
that the concessions granted by China, Czechoslovakia, France
and the United States, which Pakistan now suggested might be
withdrawn had been granted as much to India as to Pakistan
and therefore if the renegotiation requested by Pakistan was
to proceed on the basis of this new proposal the Government
of India would be vitally interested and would have to make
known its objections. In that case the negotiations would
almost certainly be lengthy and India and also other
interested countries would wish to participate. On the
other hand, India would have no objection to an arrangement
between Pakistan and the four contracting parties concerned GATT/CP. 2/WP. 2/4
page 6
which provided either for new.concessions on one side or
the other, while leaving the concessions granted in 1947
unaltered, or for the withdrawal of the six concessions
proposed by Pakistan without compensation to the four
countries concerned. In this case the negotiations might
be concluded in a short tine, and, since only the reduction
of tariffs would be involved, the consent of the contracting
parties might be easily obtained,
The Working Party heard the views of the representatives
of a number of countries;. France and China were prepared to
enter negotiations at an early date but emphasized the
importance of their multilateral aspect; Czechoslovakia was
also prepared to start immediately in the hope of concluding
An arrangement before the end of the Second Session; the
United States, on the other hand could not do more during
the second Session than hold preliminary talks and if the
negotiations were to result in changes in the United States
tariff the usual procedures of giving public notice, etc.
would have to be observed; and Benelux, as well as India
was substantially interested in the Pakistan proposals and
would wish to participate in the negotiations.
Accordingly, the Working Party decided to recommend
the following procedure:
1. The representatives of Pakistan should begin
bilateral talks immediately with representatives of
the four governments with which the six items had been
initially negotiated and should endeavour, before the
end of the Second Session, to reach a preliminary
understanding on the adjustment to be made. GATT/CP. 2/WP. 2/4
page 7
2. Any preliminary conclusions reached before the end
of the Second Session should be made known to the
contracting parties so that other governments which
found that they were interested could request an
opportunity to participate in the latter negotiations.
3. The result of the bilateral negotiations in the
ensuing months should be reported to the contracting
parties at the opening of the Geneva meeting for
examination and approval.
C.The Request ,of the Government of Cuba
The second question referred to the Working Party on
Tariff Negotiations was the first three points in the request
of the Government of Cuba (GATT/CP.2/8). In referring this
question to the Working Party, the Chairman of the Contracting
Parties stated that the matter would first be discussed by
the representatives of Cuba and the United States and that
they would inform the Working Party when they were ready for
the matter to be considered by them. The Working Party has
received no report from the representatives of Cuba or the
United States, but if the matter is brought-to then for
attention a further meeting will be held and a supplementary
report will be issued. GATT/CP. 2/WP. 2/4
page 8
ANNEX
to the Draft Re ort of Workin -Party No.2
on Future Tariff Negotiations
Draft Memorandum Tariff Negotiations
The contracting parties to the General Agreement on
Tariffs and Trade, at their Second Session in Geneva in
August 1948, resolved to invite the governments which showed
their interest in the proposed International Trade Organization,
by accepting the invitation to the United Nations Conference
on Trade and Employment at Havana, to enter into negotiations
with a view to their accession to the Agreement.
In 1947 the contracting parties, in their capacity
as members of the Preparatory Committee for the Trade and
Employment Conference, gave effect to one of the fundamental
principles of the draft Charter by carrying out negotiations
directed to the substantial reduction of the general level
of tariffs and to the elimination of preferences on a
reciprocal and mutually advantageous basis. In order that
further progress may be made towards expanding the volume of
world trade, the contracting parties invite the governments
referred to above to enter upon similar negotiations with
them. In most cases these countries are enjoying the
benefit of the tariff reductions negotiated by the contracting
parties and incorporated in the Schedules to the General
Agreement. But even so they will 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. GATT/CP.2/WP.2/4
page 9
The main part and the final phase of the negotiations
will take place in Geneva commencing on 11 April, 1949, but
it will be necessary to begin .preparations immediately. In
order that no time will be lost in the preparatory work, the
Secretariat of the contracting parties will notify by
telegraph, not later than 13 September, 1948, a list of
governments which will participate in the next series of
negotiations, i.e. the contracting parties and the govern-
ments which wish to participate with a view to acceding to
the Agreement. An acceding government shall be prepared to
negotiate with any contracting party and with any other
acceding government. There will, generally, be no
negotiations between the contracting parties themselves, but
it may be that, by mutual and by general agreement, some of
them will take the opportunity to complete certain
negotiations which were left unfinished at the Geneva meeting
in 1947 and to make certain adjustments found to be
necessary in the existing Schedules to the Agreement.
II. Scope of the negotiations
It is intended that the countries participating in the
negotiations in 1949 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 whom the concessions are asked. In other
words, an acceding government 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 GATT/CP.2/WP.2/4
page 10
acceding country by itself or together with other partici-
pating countries, constitutes, or is likely to constitute,
the principal source of supply. This latter rule will not
apply to products which already appear in the Schedules to
the Agreement, except that it is not meant to prevent an
accoding government from asking for concessions on products
appearing in the Schedules in which it has a very special
interest, in such cases, however, the government 'submitting
the request will be expected to take fully into account the
concessions already granted on the products concerned.
The Havana Charter provides that, in addition to
customs tariffs and other charges on imports and exports,
certain regulations quotas, protection afforded through the
operations 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 Negotiation
The negotiations will be conducted in accordance with
the rules set forth in paragraph 2 of Article 17 of the
Havana Charter
(a) the negotiations will 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, GATT/CP.2/WP.2/4
page 11
they may reduce the duty, bind it at its then existing
level, or undertake not to raise it above a specified
higher level.
(b) No participating government will 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 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;
(iv) no margin of preference shall be increased.
(d) The binding against increase of low duties or of
duty-free treatment will in principle be recognized
as a concession equivalent in value to the substantial
reduction of high duties or the elimination of tariff
preferences. GATT/GP. 2/WP. 2/4
page 12
(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 (i) with the
consent of the parties to such obligations, or, in the
absence of such consent, (ii) by modification or
termination of such obligations in accordance with
their terms.
IV. Timetable for the Negotiations
(i) At the earliest possible date and in no case later
than 15 September 1948, each contracting party will send to
each acceding government -and each of the latter will send
to each other participating government, three copies of its
customs tariff and one copy (if possible, three) of its
latest annual import trade statistics, In addition, it is
requested that every effort should be made to supply the
import statistics of 1936, 1937 and/o1 1938, whichever is
the most representative of prewar trade, and, if possible,
average statistics for those three years. Each participating
government will advise the participating government concerned
and the Secretariat, by telegram., the particulars of the
documents despatched and the date and method of despatch.
(ii) The United States Government are required by their
statutory procedure to give public notice of all items in
their tariff which are to be the subject of negotiations.
Not later than 31 October 1948, therefore, each acceding
government will transmit to the United States Government, by
the most expeditous Beans available, a list of the products GATT/CP. 2/WP. 2/4
page 13
on which it intends to request concessions from that
government. The United States Government will take
reciprocal action not later than 31 October 1948. It will
not be possible for the United States Government to enter
into negotiations on any products which are not included
in these first lists. Any other participating government
which wishes to exchange preliminary and provisional lists
with participating governments other than the United States
in advance of the definitive lists provided for in the
following paragraph, will notify the Secretariat to that
effect not later than the 13th September 1948, and the last
date for the transmission of such lists will be the 30
November 1948. It is hoped that exchange of such prelimi-
nary lists will not be requested except where it is
considered absolutely essential, since many of the acceding
governments may find it difficult to prepare a large number
of such lists within the time prescribed. Forty copies of
the preliminary lists including the lists exchanged between
the United States Government and acceding governments will
be sent to the Secretariat simultaneously with their
transmission to the governments to which they are addressed
for distribution to the other participating governments.
(iii) Not later than 1 January 1949, each government will
transmit to each other participating government a final list
of the tariff and other concessions which it requests from
that government. Forty copies of these lists will be sent
simultaneously to the Secretariat for distribution to the
participating governments. When compiling lists of requests,
whether preliminary or definitive, participating governments
should not include products which appear in the Schedules GATT/CP. 2/WP .2/4
page 14
to the Agreement unless they propose to request a concession
going beyond those provided in the Schedules.
(iv) On 11 April, 1949, - that is, on the first day of
the meeting in Geneva - each government will make known to
all participating governments the concessions which it is
prepared to offer to each government from which a request
for concessions was received. These offers should include
indications of the existing and the proposed concession
rate of duty on each item.
(v) 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 preliminary
requests and offers may be arranged to take place at earlier
dates than those envisaged above, but the concessions
offered need not be disclosed to other participating
governments until the opening of the Geneva meeting. In
the event that bilateral talks should be successfully
concluded prior to 11 April, the results will be reported
to the other participating governments at the opening of the
Geneva meeting and will be subject to review and adjustment
in accordance with the procedures set forth in the following.
paragraphs.
V. Procedures at Geneva
When the concessions offered by all participating
governments have been exchanged and distributed, negotiations
between pairs of delegations will begin, The lists of
offers may then be altered at any time provided that all
alterations are immediately notified to the Secretariat
for the information of all participating governments. GATT/CP.2/WP.2/4
page 15
At this stage, as in the distribution of lists of requests,
arrangements will be made for the strict preservation of
secrecy for all confidential material.
To follow the successful procedure adopted in 1947,
the participating governments may decide to establish a
"Tariff Negotiations Working Party", which will be responsible
for ascertaining the progress of the negotiations and which
will make recommendations on questions of procedure and
other matters connected with the conduct of the negotiations
and prepare the legal instruments to be signed at the
conclusion of the proceedings.
As each negotiation is concluded, lists of the
concessions to be exchanged will be conveyed to the
Secretariat and to all other delegations. These results
will be subject to review and adjustment in the light of
the results of other negotiations. Each participating
government will arrange through the Secretariat for the
distribution to each other participating government of a
consolidated list of all concessions granted, each such
list to indicate the country with which each concession
was initially negotiated.
When all the negotiations are completed the concessions
will be incorporated in the Agreement, and the accession
of governments, not previously contracting parties, will be
effected by appropriate instruments.
VI. General
It is essential for the successful conduct of the
forthcoming negotiations that the above time table should
be strictly adhered to. It is understood, however, that
certain governments (other than contracting parties) may be GATT/CP.2/WP.2/4
page 16
unable, for reasons beyond their control, to notify their
decisions in regard to participation by 13th September 1948,
or to supply the necessary documents by 15th September 1948.
Such governments will nevertheless be expected to take the
necessary action within a very short time after the dates
prescribe. and to conform to the remainder of the time-table.
It is important that members do not effect new tariff
measures prior to the negotiations which would tend to
prejudice the success of the negotiations in achieving
progress toward the objective set forth in Article 17 of the
Havana Charter, and they should not seek to improve their
bargaining position by tariff or other restrictive measures
in preparation for the negotiations. In the event of the
devaluation of the currency of a participating country, or
of a rise in prices, or of a change in the form of tariffs,
the effects of such devaluation, or rise in prices, or change
in the form of tariffs, will be a matter for consideration
at the commencement of the negotiations, in order to deter-
nine whether the change, if any, in the incidence of the
duties of the country concerned affords a reasonable basis
for negotiation.
In a few exceptional cases, a general revision of tariffs
prior to the negotiations may be found unavoidable. In
making any such revision, the countries concerned should have
regard to the principles stated in the preceding paragraph.
It is suggested that such countries should notify to the
Secretariat, by telegram, not later than 13th September 1948,
their decision in regard to participation in the forthcoming
negotiations and the latest date by which copies of their
existing and revised Customs Tariff will be supplied to other
participating governments. GATT/CP.2/WP.2/4
page 17
They should also comply with the requirement of the above
time table except those relating to copies of the Customs
Tariff. Negotiations will take place with such countries
if the supply of copies of the revised tariff is not delayed
so long as to render such negotiations impracticable and if
in the light of the principles stated in the preceding
paragraph a generally acceptable basis is found for such
negotiations. |
GATT Library | zr026db5269 | Draft Report of Joint Sub-Committee of Committees II and VI on Articles 9, 10 and 11 | United Nations Conference on Trade and Employment, February 3, 1948 | Joint Sub-Committee of Committees II and VI | 03/02/1948 | official documents | E/CONF.2/C.26/A/W.29, E/CONF.2/C.2/D/W.1-3, C.23/A/W.1-3, and C.26/A/W.1-29 | https://exhibits.stanford.edu/gatt/catalog/zr026db5269 | zr026db5269_90180384.xml | GATT_145 | 2,955 | 20,531 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
RESTRICTED
E/CONF.2/C.2&6/A/
W.29
3 February 1948
ORIGINAL: ENGLISH
JOINT SUB-COMMITTEE OF COMMITTEES II AND VI
DRAFT REPORT OF JOINT SUB-COMMITTEE OF COMMITTEES II AND VI
ON ARTICLES 9, 10 AND 11
1. The Joint Sub-Committee was appointed at the sixth meeting of Committee II
and the fifth and seventh meetings of Committee VI with terms of reference:
"1. To examine Articles 9, 10 and 11 of Chapter III, proposed amendments
thereto and any proposed new articles relating to the positive functions
of the Organization in promoting economic development in the light of the
discussion in Committee II with a view to making recommendations as to the
texts of these articles and any organizations provisions which may be
required as a consequence thereof.
2. To examine the proposal of the Mexican delegation for the
establishment of an Economic Development Committee of the Organization
taking into account any conclusions reached under paragraph 1 and any
other relevant considerations.
3. In making recommendations under paragraphs 1 and 2 to take into
account the functions of other organs of the Organization and of the
United Nations and Specialized Agencies
economic development and any financial
4. To report to both Committee II and
2 The Joint Sub-Committe was composed of
Australia France
Belgium Iraq
Brazil Mexico
China Pakistan
Colombia South Africa
in general in the field of
implications.
Committee VI."
representatives of:
Turkey
United Kingdom
United States
Venezuele
Dr. H. C. Coombs (Australia) was elected Chairman of the Sub-Committee.
3 . A number of representative of delegations who were not members of the
Sub-Committes attended as observers and in many cases took part in the
discussion on particular amendments for which they wer primarily responsible
or in which they had special interest. Representatives of the International
Bank for Reconstruction and Development and of the Food and Agricultural
Organization as well as the Director of the Fiscal Division of the Economic
Affaire Department of the United Nations gave their views to the Sub-Committee
/4. The Sub-Committee E/CONF. 2/C.2&6/A .29
Page 2
4. The Sub-Committee had held twenty-five meetings at the date of approval
of this report. It examined Articles 9, 10 and 11 and all the amendments and
proposals submitted to it in connection with these articles as listed in
Annex A in accordance with paragraphs 1 and 3 of its terms of reference.
As a result of its examination the Sub-Committee decided to recommend:
(i) revised texts of Articles 9, 10 and 11 as set out in Annex B;
(ii) a resolution to be adopted by the Conference as set out in
Annex C;
(iii) changes in Article 69 as set out in Annex D; and
(iv) Inclusion in Chapter IX of the text set out in Annex E.
It was agreed that the aforementioned recommendations disposed of all the
amendments and proposal listed in Annex.A.
5. In accordance with the decision of Committee II at itngsixteenth meetil
to establish Sub-Committee D to examine and submit recommendations concerning
the footnote to Chapter III on "Reconstruction" the Joint Sub-Committee did
not consider the question of the inclusion of any reference to reconstruction
with respect to any of the changes recommended in Art1cles 9, 10 or 11.
6. With respect to paragraph 1 of Article 11, the Sub-Committee took the
view that measures of a religious, pc.^tical or moral nature lay outside the
scope of the Charter and ,a decision as to their reasonableness and
justifiability lay with the Member applying the measures.
7. With respect to paragraph 1 (b) of Article 11 the Sub-Committee took
the view that "national treatment" would be taken as evidence that the
treatment did not constitute "unreasonable or unjustifiable" action. However,
it was agreed that cases could arise where national treatment could not
properly be considered to be reasonable or justifiable. The Sub-Committeei
took the view that in interpreting the words "unreasonable or unjustifiable
impediments" in paragraph 1 (a) end the words "unreasonable or unjustifiable
action within its Territories injurious to the rights or interests of nationals
*f other Members" in paragraph 1 (b), it would be necessary to consider other
relevant provisions of the Charter, such as Article 12, and these words would
not be taken to prohibit any action permitted by other Charter provisions.
8. With respect of pacagraph 2 of Article 11. the Sub-Committee took th.e..
view that agreements promoted or recommended for adoption under. paragraph 3
of Article 11 would not fall within- paragraph 4 of Article.74, functions
.under parpgraph.3 ofArticle 11 would be exercised by the Conference but the
Conference.could assign these functions to the Executive Board.
9. With respect to paragraph 2 (b) of Article 11 the Sub-Committee. took
ihe iew that, while it was. difficult o be precise at this stage as to the
nature of appropriate measures, more equitable and widely spread. use of the
means to economic development could be achieved by joint action by Members.
/It seemed E/CONF.2/C.2&6/A/W.29
Page 3
It seemed desirable, therefore, that it should be made clear that the
Organization had the necessary authority, with due respect to the functions
and activities of other inter-governmental organizations, to make
recommendations for and promote agreements whether bilateral or multilateral
to provide for such joint action, if study of the circumstances suggested
that such a course were desireble.- The Sub-Committee drew attention to the
fact that whether any agreements would in fact be concluded was dependent
upon the willingess of governments to enter into them and that the scope
of such &agundk:l dependent upon the discretion of the governments
concerned.* 2 eo t tsee felt that the proposed paragraph 2 (b) would
enable the £ to make recommendations and promote international
agreements to aa:ist countries encountering difficulties as a result of
shortages.
The Sub-Committee considered that:
(a) the words "facilitate an equitable distribution" made clear that
conditions of "shortage" and conditions of "short supply" were
contemplated since if supplies were ample the problem of equitable
distribution would not arise;
(b) the promotion of an agreement to facilitate an equitable
distribution-of skills, arts, technology, materials and equipment,
was not restricted by the use to which these facilities were put,
i.e. if these facilities were essential to established industries
as well as to economic development, the Organization could recommend
an agreement In appropriate circumstances;
(c) without presuming to judge whether such action would in fact be
desirable, the text approved would permit the Organization, if It
believed that speculation was affecting the equitable distribution of
the facilities referred to in paragraph 1 and it judged that such
action was relevant and appropriate, could recommend and promote
agreements between governments providing for measures against
speculation;
(d) the authority granted to the Organization to make recommendations
and promote agreements designed to facilitate an equitable distribution
of skills, arts, technology, materials and equipment would enlarge
the scope of the co-operation and the assistance which the Organization
could give to Members in accordance with Article 10 and would be of
assistance to countries which were having difficulties in obtaining
the capital goods, equipment and materials which they required.
10. With reference to the text recommended to 'be included in Chapter IX
and set out in Annex , the Sub-Committee noted that this text would be
/acceptable E/CONF.2/C.2&6/A/W.29
Page 4
acceptable to the Italian delegation in disposing of the new article proposed
by the to be inserted between Articles 69 and 70 (E/CONF.2/C.6/12, page 4 )
and the amendment submitted by them to Article 81 (E/CONF.2/C.6/12, page 13).
The sub-Committee' agreed that this text would require the Organization
in cases where the economic circumstances of Members were relevant, to give
cosideration to all of the factors affecting those economic circumetances.
Among such factors might be the degree of assistance extended to a Member by
other Members or by existing inter-governmental organization.
/ANNEX A E/CONF. 2/C. 2&6/A/W. 29
Page 5
AMENDMENTS AND PROPOSALS SUBMITTED TO JOINT SUB-COMMITTEE
Pages of Revised
Item Article Paragraph Name of Annotated Agenda
No. Country (E/CONF.2/C.2/9)
where not otherwise
stated
9
1
5
10
I.2
2
2
6. 10 Additional
7 10 Additional
12
1 1 - 2
Ceylon
Mexico
Burma
Pakistan
Turkey
Mexico
Mexico
Chile
Uruguay
mexico
China
Mexico.
. ~~ 2. Burma 8
1 - ,. 2 Norway 8
1 2 h l
- - ~ . - . - Afghanistan .1 0
: *.Additional. * Peru- -.10 and-11
~ ~ - l;* .. Mexicoo 11
Chile -12 and 13*
-.Add~itional. Chile .. . -.-20 and 21.
M Aditional Costa, Rica 21..
new 2A. - . Colombia 25 26, 27 and 28
M='
2
a4
nd? E/CONF.2/C . 2&6A/W. 29
Page 6
TEXT OF ARTICLES 9, 10 AND 11 RECOMMENDED
(Additions to and- deletions -from the text of the Geneva Draft are
shown by underlining and square brackets respectively)
Article 9
Development of Domestic Resources and Productivity
Members shall within their respective territories take action designed
progressively to develop, and where necessary to reconstruct, industrial and
other economic resources and to raise standards of productivity through
measure [consistent] not inconsistent with the other provisions of this
Charter.
Article 10
Co-operation for Economic Development
1. Members shall co-operate with one another, with the Economic and Social.
Council of the United Nations, with the Organization and with other appropriate
Inter-governmental. organizations in facilitating and promoting industrial and
general economic development.
2. With a view to facilitating and promotion industrial and general economic
development and consequently higher standards of living, especially of those
countries which are still relatively undeveloped, and subject to any arrangements
entered into between the Organization and the Economic and Social Council
and appropriate inter-governmental organizations, the Organization shall,
within its powers and resources, at the request of any Member:
(a) (Q) studyy its natural- resources and its potentialities for
industrial and general economic development and assist
in the formulation of plans for such development;
(ii) furnish [any Member which so riequests] it with appropriate
-advice concerning Its plane [and] for economic development
and the financing and carrying out of its programmes for
economic development [.];
or (b) [shall] assist it to procure such advice or study
[such advice or assistance shall be furnished upon] These services are to be
provided on terms to be agreed and in such collaboration with appropriate
regional or other intergovernmental organizations as will use fully the
competence of each of them. The Orgnization shall upon the ne conditions,
likewise aid members in procuring appropriate technical assistance.
/3. With a view E/CONF. 2/C. 2&6/A/W. 29
Page 7
3. With a view to facilitating and promoting industrial abd general economic
development especially of those countries which are still relatively undeveloped
the Organization shall co-operate fully with the Economic and Social Council
of the United Nations and appropriate inter-governmental Organizations on
all phases of economic development within their special competence and
in particular in respect of finance, equipment, technical assistance and
managerial skills.
Article 11
Means of Promoting Economic Development
1. Progressive industrial and general economic development requires among
other things adequate supplies of capital funds, materials, modern equipment
'and technology, and. technical and managerial skills. Accordingly, in order
to stimulate and assist in the provision and exchange of these facilities,
(a) Members shall co-operate in accordance with Article 10 in
providing or ranging for the provision of such facilities within
the limits of their power, and. [no Member shal1] Members shall not
impose unreasonable or unjustifiable impediments that would prevent
other Members from obtaining on equitable terms any such facilities
for their economic development [.];*
(b) no Member shall take unreasonable or unjustifiable action within
its territories injurious to the rights or interests of nationals of
other Members in the enterprise, skills, capital, arts or technology
which they have supplied.
2. The Organization may in such collaboration with other
inter-governmental organizations as may be appropriate
(a) make recommendations for and promote [international] bilateral
or multilateral agreements on measures designed
(i) to assure just and equitable treatment for the enterprise,
skills, capital, arts and technology brought from one Member
country to another;
(ii) to avoid international double taxation in order to stimulate
the flow of foreign private investments;
(iii) to enlarge to the greatest possible extent the benefits to
Members from the fulfilment of the obligations under this
Article.
(b) make recommendation and promote agreements designed to facilitate
an equitable distribution of skills, arts, technology, materials and
* In addition to the changes indicated what was the first part of the second
sentence In the Geneva Draft has become the second part of sub-paragraph (a)
and what was the second part of the second sentence in the Geneva Draft
has become the first part of sub-paragraph (a).
/equipment I/CONF.2/C.2&6/W.29
equipment with due regard to the needs of all Members;
[including the elaboration and] formulate and promote the
adoption of a general agreement or statement of principles as to the
conduct, practices and treatment of foreign investment.
3. The term "nationals" as used in Article 11 and 12 comprises natural
/ANNEX C E/CONF.2/C. 2&6/A/W.29
Page 9
PROPOSED RESOLUTION TO 5 ADOPTED BY. THE CONFERENCE
The United Nations Conference on Trade and Employment, having considered
the problem. of, the industrial ard general economic development of the Members
of the lnternational Trade Organization; and
Having noted the related activities of other inter-governmental
organization and specialized agencies; and
Having determined that pi pesitive measures for the promotion of the
economic development of Members are an essential condition for the realization
of the purpose stated in Article 1 of the Charter of the International Trade
Organization and to the accomplishment of the objectives therein set forth; end
Having regard to the provisions of Articles 10, 69 and 84 of the Charter,
Therefore resolves:
1. That the Interim Commission of the International Trade
Organization* is hereby directed to examine
(i) the powers, responsibilities and activities in the
field of industrial and general economic development
of the United Nations, of the specialized agencies and
of other inter-governmental organizations, including
regional organizations;
(ii) the availability of facilities for technical surveys
or studies of: the natural resources of underdeveloped
countries; or the possibilities of their industrial
development, whether general or in relation to the
processing of locally produced raw materials or other
particular industries; or for the improvement of their
systems o' transportation and communications; or with
respect to the manner in which investment of foreign
capital may contribute to their economic development;
and in the light of this examination to report to the Organization
upon
(a) the structure and administrative methods,
(b) the working relations with the United Nations, the
specialized agencies and other inter-governmental
* If no such Commission is ormed, a special committee shall be named.
/organizations including E/CONF. 2/C.2&6/A/W. 29
Page 10.
organizations including regional organizations
which will enable the International Trade Organization
most effectively to carry out its positive functions for
the promotion of the economic development of Members.
2. That the report and recommendation of the Interim Commission*
shall be submitted in such a manner and at such a time as will
e ble the Conference of the International Trade Organization to
take appropriate action at its first session.
* If no such Commission ie formed, a special committee shall be named. E/CONF. 2/C. 2&6/A/W .29
Page11
ANNEX D
RECOMMENDED CHANGES IN ARTICLE 69
(Text of Geneva Draft with recommended additions and deletions
indicated. by underlining and square brackets respectively)
Article 69
Functions
The Organization shall perform the functions provided for elsewhere in
this Charter. In addition the Organization shall have the following functions:
(a) to collect, analyse and publish information relating to international
trade, including information relating to commercial policy, business
practices, commodity problems and industrial and general economic
development;
(b) to encourage and facilitate consultation among Members on all
questions relating to the provisions of this Charter;
(c) to undertake studies on, make recommendations for, and promote
international bilateral or multilateral agreements on, measures designed
(i) to assure just and equitable treatment for foreign nations
and enterprises;
(ii) to expand the volume and to improve the bases of international
trade, including measures designed to facilitate commercial
arbitration and the avoidance of double taxation; [and]
(iii) to carry out on a regional or other basis, having due regard to
the activities of existing regional or other organizations, the
functions specified in paragraph 2 of Article 10;
(iv) to promote and encourage establishments for the technical
training that is necessary for progressive industrial and
general economic development; and
(v) generally to achieve any of the objectives set forth in
Article 1,
(d) generally to consult with and make recommendations and, as necessary:
furnish advice and. assistance to Members regarding any matter relating to
the operation of this Charter, and to take any other action necessary and
proper to carry out the provisions of this Charter;
(e) to co-operate with the United Nations and inter-governmental
organizations in furthering the achievement of the economic and social
objectives of the United Nations and the restoration and maintenance
of international peace and security;
/(f) in such E/CONF.2/C.2&6/A/W.29
Page 12
(f) in such collaboration with the Economic and Social Council of the
United nations and with other inter-governmental organizations as may be
appropriate to undertake studies on the relationship between world prices
of primary commodities and manufactured products, to consider and, where
appropriate, to recommend international agreement on, measures designed
to reduce progressively any unwarranted disparity in those prices.
/ANNEX E E/CONF. 2/C. 2&6/A/W. 29
Page 13
ANNEX E
ADDITIONAL TEXT RECOMMENDED TO BE INCLUDED IN CHAPTER 9
In the exercise of its functions the Organization shall have due regard
to the economic circumstances of Members, to the factors affecting those
circumstances and to the consequences of its determinations upon the interests
of the Member or Members concerned. |
GATT Library | tw110wb8133 | Draft Report of Sub-Committee 3 on Administration | Interim Commission for the International Trade Organization, September 1, 1948 | Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee | 01/09/1948 | official documents | ICITO/EC.2/SC.3/4 and ICITO/EC.2/SC.3/1-9 | https://exhibits.stanford.edu/gatt/catalog/tw110wb8133 | tw110wb8133_90180089.xml | GATT_145 | 903 | 5,906 | INTERIM COMMISSION
FOR THE INTERNATIONAL
TRADE ORGANIZATION
COMMISSION INTERIMAIRE DE
L'ORGANISATION INTERNATIONALE
DU COMMERCE
LIMITED C
ICITO/EC.2/SC.3/4
1 September 1948
ORIGINAL: ENGLISH
Executive Committee
Second Session
Draft Report of Sub-Committee 3 on Administration
I. DRAFT AGREEMENT ON RELATIONS BETWEEN THE UNITED NATIONS
AND ITO
The Sub-Committee made the following recommendations
regarding the draft contained in document ICITO/EC.2/2/Add.1:
Article I
Paragraph 1.
Line 2 should read "a specialized agency and
as being responsible for taking such action".
Note: The Sub-Committee felt that having regard to the
broad scope of the Havana Charter, it was inappropriate to
refer to the ITO as "the specialized agency" responsible
for all appropriate action within the field of the Charter
since there were other specialized agencies which had
responsibilities for certain aspects of such matters.
The
text as revised would conform to Article I of the Agreement
between the FAO and the United Nations.
Paragraph 2. In the third line, delete the words in
parentheses "hereinafter called the Council".
Note:
The Sub-Committee considered that the text of the
Agreement would be clearer if Wherever reference was made to
the Economic and Social Council, its title appeared in full.
The words "Economic and Social" should, therefore, be
added before the word "Council" in Article I, paragraph 2,
Article II, paragraphs 2, and 6 Article III, Article V,
Article VIII, Article XI, and Article XVIII. ICITO/EC. 2/SC.3/4.
page 2
Paragraph 3. The Sub-Committee felt that the arguments
adduced in the discussion in the Executive Committee for the
deletion of paragraphs 3 and 4 were well founded. The
position of the Organization regarding political matters
was clearly set out in Article 86, paragraphs 2 and 3 of the
Havana Charter and the Interpretative Note to that Article.
It was, therefore, unnecessary and probably unwise to
reproduce in the Agreement a matter which was clearly
defined in the basic instrument of the International Trade
Organization.
Article II
The Sub-Committee considered a suggestion for
limiting the scope of paragraph 1 by the deletion of the
phrase beginning "the Commissions..... may convene". The
Sub-Committee felt, however, that such a substantial
variation from the usual form of Agreement would be un-
desirable and that the anxieties which had given rise to
this suggestion could be met by modifying the provisions
of paragraph 3 of Article VII so as to permit the
Organization and the United Nations to exempt from the
provisions of paragraph 1 of Article II such meetings at
which attendance was restricted because of the confidential
nature of the discussion.
The Sub-Committee therefore recommends that
paragraph 3 of Article VII be deleted and that there be.
inserted in the draft Agreement a new Article II A reading
as follows.
[1. The United Nations and the Organization are subject
to certain necessary limitations for the safeguarding of ICITO/EC. 2/SC.3/4
page 3
confidential information furnished to them by their
Members or others. Moreover the Havana Charter, lays
special emphasis on the highly confidential nature of
certain commentations to be undertaken by or through
the Organization.
2. Accordingly, nothing contained in this Agreement
shall be construed
(a) to require either of them to make available any
any information the furnishing of which would
in its judgment, constitute a violation of the
confidence of any of its Members or any other
source from which such information shall have
been received, or which would otherwise interfere
with the orderly conduct of its operations, or
(b) to give either of them the right to attend
meetings hold by the other at which attendance
is restricted because of the confidential
character of the matters to be discussed"]
Article IV
In line 6, insert the word "social" between the words
"economic" and "cultural"
This word was omitted from the
draft by inadvertence.
Article VII
Paragraph 2 (a).
The last line should be amended to read
"organization and an account of its proposed activities and
work programmes".
Paragraph 2 (b).
The reference to Article XV should be to
Article XVII.
Paragraph 3. To be deleted and replaced by a new Article II
A, see above. ICITO/EC. 2/SC. 3/4
page 4
Paragraph 3 should be deleted in that it refers the
internal organization of the ITO.
Article XII
Paragraph 2.
The reference to the Co-ordination Committee
should be to the Administrative Committee on Co-ordination
to conform to the decision of the Economic and Social
Council regarding the change of name of this Committee.
Article XIV
Paragraph l. Line 4: The word "effective" should read
"efficient".
This conforms to the standard form of
Agreement and the departure was due to inadvertence.
Article XVI
Paragraph Add the words "and agrees to consult at the
appropriate time with the United Nations concerning suitable
arrangements for inclusion of the budget of the ITO within
such a general budget".
Paragraph 2. Add sub-paragraph (f) as follows:
"The Organization agrees to conform as far
as may be practicaile to standard practices-
and forms recommended by the United Nations."
This is in conformity with Agreements with a number of other
specialized agencies.
The last line should be amended to read as follows :
"specialized agencies, inter-governmental
organizations or non-governmental organizations." ICITO/EC.2/SC. 3/4
page 5
Article XIX
Paragraph 2.
Line 2:
"agreement" and "apply".
Insert "shall" between the words
This omission was a clerical
mi stake.
Article XX
Line 2: Insert the word "supplementary" between
the words "such" and "arrangements".
II. Draft Memorandum of Understanding between
ITO and FAO
(see Addendum 1) |
GATT Library | pt976pq2362 | Draft Report of Sub-Committee 3 on Administration Part II : Draft Memorandum of understanding between the FAO and ITO | Interim Commission for the International Trade Organization, September 3, 1948 | Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee | 03/09/1948 | official documents | ICITO/EC.2/SC.3/4/Add.1 and ICITO/EC.2/SC.3/1-9 | https://exhibits.stanford.edu/gatt/catalog/pt976pq2362 | pt976pq2362_90180090.xml | GATT_145 | 1,563 | 10,685 | NTERIM COMMISSION COMMISSION INTERIMAIRE DE
FOR THE INTERNATIONAL L'ORGANISATION INTERNATIONALE ICITO/EC.2/SC.
TRADE ORGANIZATION DU COMMERCE
3 /4/Add.1
ORIGINAL: ENGLISH
Executive Committee
Second Session
Draft Report of Sub-Committee 3 on
Administration
Part II
Draft Memorandum of Understanding between the FAO and ITO
The Sub-Committee recommends the following
modifications in the draft contained in document
ICITO/EC.2/2/Add. 3:
Article I
Paragraph 2: Delete the last sentence and insert the
following new paragraph 3 :
"Such consultation may be undertaken through
arrangements at the secretariat level, or through
such joint committees as may be established by
the two organizations composed of an equal
number of persons designated by each organ-
ization. The United Nations shall be invited
to designate a representative to attend the
meetings of such committees and copies of the
documents of such committees shall be sent
to the Secretary-General of the United Nations
for information. Representatives of appropriate
specialized agencies of the United Nations may
also be invited to attend the meetings of such
committees."
Note:
The Sub-Committee considered that provision for joint
committees which, in document ICITO/EC.2/2/Add.3, is the ICITO/EC .2/SC .3/4/Add.1
page 2
subject of a special Article VI would more appropriately
be included in Article I which deals with consultation.
Article II
Paragraph 4: Line 3: For "Articles 82 and 83" read
"Article 82".
Line 4: For "shall be entitled" read "may".
The last sentence of this paragraph to read as follows:
"Similarly if FAO at any tine establishes commissions
or committees, representatives of the ITO shall be invited
to attend meetings in which it has an interest and may
participate without vote in deliberations in respect of
items of interest to it."
article III
In the title for "International Arrangements" read
"Intergovernmental arrangements".
Paragraph 1 (b): for "will" read "shall".
Paragraph 2 (a): The Sub-Committee recommend the following
redraft:
"2(a) FAO is recognized by ITC to be competent within
the meaning of Article 67 of the Havana Charter and
FAO shall therefore, have the rights and
responsibilities set out therein".
Paragraph 2 (b) : First line, for "will" read "shall".
Paragraph 3: The Sub-Committee recommend the following
redraft:
"As Member Governments of ITO participating in
intergovernmental commodity agreements concluded
in accordance with the provisions of Chapter VI
of the Havana Charter will be exempt from certain
other obligations as Members of the Organization,
the ITO will be responsible for the administration ICITO/EC.2/SC.3/4/Add.1
page 3
of the procedures and the principles involved in the
formulation, negotiation, operation and interpretation
of such inter-govornmental commodity agreements.
The ITO will consult FAO on all matters of common
concern regarding these activities."
Articles IV and V
The Sub-Committee recommend the amalgamation
of these two Articles as follows:
"FAO and ITO shall co-operate, in consultation with
the United Nations whenever appropriate, in any
studies, surveys or activities which could be most
advantageously undertaken on a joint basis, including
(a) any studies on the relationship between world
prices of primary agricultural commodities and
manufactured products that may be undertaken
in accordance with the functions of the ITO as
set out in Article 72, paragraph 1(d) of the
Havana Charter;
(b) activities directed to facilitate and promote
agricultural, industrial and general economic
development
The Sub-Committee suggest the insertion of a new
Article V on inter-secretariat relationships to read as
follows:
" Article V
Inter-secretariat Relationships
The Director-General of FAO and ITO shall, when
appropriate, develop inter-secretariat consultations
and joint, working groups for the purpose of form-
ulating proposals for joint or parallel secretariat
studies, or formulating proposals for reference to
the governing bodies of the respective organizations." ICITO/EC.2/SC.3/4/Add.1
page 4
Article VI
Following the recommendation of the Sub-Committee
regarding the incorporation of the substance of Article
VI in I, the present article should be deleted.
Article IX
The Sub-Committee suggest the addition of a new
sentence at the end of paragraph 2 to read as follows:
"In particular, the Organizations, in consultation
with the Statistical Office of the United Nations, shall
arrange whenever possible to submit to governments joint
requests, including questionnaires, for statistical
information."
New Article X A
The Sub-Committee recommend the insertion of a new
Article X A as follows:
"The FAO and the ITO agree to arrange for appropriate
consultation and exchange of information with respect
to relationships developed between FAO and
commodity study groups and councils."
Article XII
Delete the words "the Council of" before "Food and
agriculture Organization".
Article XIII
For the words "the Secretary-General of the United
Nations". substitute"the Economic and Social Council".
Article XIV
For "subject" in the first line, read "open".
In the second and third lines, delete "Council of
the" before "Food and Agriculture Organization" and
"Executive Board of the" before "International Trade
Organization". ICITO/EC .2/SC .3/4/Add.1
page 5
Minor modifications.
In all references to the FAO, subsequent to that
in Article I, paragraph 1, delete the words "of the United
Nations". This modification affects Article II,
paragraphs 1, 2, 4 and 5, Article VI, paragraphs 1 and 3,
Article VII, paragraphs 1 and 2, Article VIII, Article
IX, paragraphs 1 and 2, and Articles XI, XII, XIII and
XIV.
Note the Executive Secretary: Although this is the
form in which the Sub-Committee considered this new
Article, I venture to suggest that it might well find
a more appropriate place as Article III A. ICITO/EC.2/SC .3/4/Add.1
page 6
PART III
Relations between ILO and ITO
The Sub-Committee recommend the following
modifications in the draft contained in document
ICITO/EC .2/2/Add.6:
In the second paragraph of the Preamble, line 4,
insert commas between "organizations" and "which" and
between "responsibility" and "provide".
Article III
Paragraph 1: Add the following words to the end of the
paragraph:
"with regard to such matters relating to inter-
governmental commodity agreements as are within the
competence of the ILO."
Paragraph 2: The Sub-Committee recommend the deletion of
this paragraph. The Sub-Committee felt that the paragraph
as drafted was too sweeping in its effects and might set an
embarrassing precedent. Decisions under paragraph 3
of Article 64 to invite inter-governmental organizations
to nominate representatives to a commodity council should
be taken ad hoc in relation to each particular case.
Moreover, paragraph 2 was probably unnecessary in any
event in view of the provisions of Article I regarding
consultation on matters of common concern.
Article IV
The Sub-Committee took note of the variation of this
draft Article from the standard forms of Agreement in making
no provision for reciprocal representation on subsidiary
organs of either body. They understood that the view of the ICITO/EC.2/SC.3/4/Add.1
page 7
Secretariat of the ILO was that the ILO would prefer to
rely upon the provisions of paragraph 4 of this Article
rather than to insert a provision in permissive form
regarding the Executive Board such as appears in the
draft agreements between the ILO and the FAO.
Article V
Paragraph 2: For "representatives appointed" read
persons designated".
Paragraph 4 to be deleted as relating to matters of internal
organization.
Article VIII
Paragraph 2: Add at the end the following sentence:
"In particular, the Organizations, in consultation
with the Statistical Office of the United Nations, shall
arrange whenever possible to submit to governments joint
requests. including questionnaires for statistical
information".
Paragraph 1: A suggestion was made that this paragraph
should also refer to collaboration and liaison between the
staffs of regional offices. The Sub-Committee did not
adopt this suggestion since it considered that the Article
was broad enough to cover both headquarters and regional
offices.
Article XII
Delete the words "Governing Body of the" before
"International Labour Organization". In the phrase
"International Labour Office" for "Office" read
"Organization", and delete the reference before "the
International Trade Organization" to "the appropriate body
for approving the Agreement". ICITO/EC.2/SC.3/4/Add.1
page 8
PART IV
Relations between ICAO and ITO
The Sub--Committee recommend the text contained in
document ICITO/EC.2/SC.3/2 as a basis for an exchange
of ? between the ICAO and ITO, subject to the
following modifications:
Paragraph 1, line 6 For "the" read "their" before "annual
conferences".
Line 8: For "likely to be of common interest" read "at
which matters of common interest are scheduled for
discussion".
Paragraph 2 Third sentence for "not in conflict with",
read "in conformity with". The Sub-Committee suggest that
the fourth sentence be deleted as it gives rise to
difficulties of drafting and is in any case already
covered by implication in the preceding sentence. Fifth
sentence, revise to read as follows:
"The ITO will request ICAO's participation, and will
take into account the work of ICAO in this field, in the
preparation of recommendations on customs formalities
insofar as these relate to the carriage of goods by air." ICITO/EC.2/SC.3/4/Add.1
page 9
of Sub-Committee 3 on Administration
The Sub-Committee considered the question of the
future procedure to be followed in relation to these
Agreements. They considered that the objective should
be to achieve as full agreement as possible with the
organizations concerned so that upon the ratification
of the texts by the Conference of the ITO and the
appropriate body of the other organizations concerned,
the Agreements could come into force without further
negotiation. In the case of the draft Agreement with
the United Nations, the Sub-Committee recommend that
having regard to the procedures of the United Nations,
the Executive committee instruct the Chairman and the
Executive Secretary to consult for this purpose with
the appropriate representatives of the United Nations
and the Executive Secretary to continue consultations
with the other organizations. |
GATT Library | nm023yb9189 | Draft Report of Sub-Committee A (Articles 16, 17, 18, 19) | United Nations Conference on Trade and Employment, February 13, 1948 | Third Committee: Commercial Policy | 13/02/1948 | official documents | E/CONF.2/C.3/A/W.52, E/CONF.2/C.3/A/W.40-55, and C.3/A/WHITE PAPERS | https://exhibits.stanford.edu/gatt/catalog/nm023yb9189 | nm023yb9189_90190482.xml | GATT_145 | 9,474 | 61,333 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.3/A/W.52
ON DU 13 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
THIRD COMMITTEE: COMMERCIAL POLICY
DRAFT REPORT OF SUB-COMMITTEE A (ARTICLES 16, 17, 18, 19)
PART I
1. Sub-Committee A was appointed at the ninth meeting of the Third Committee,
12 December, to examine the proposals and amendments relating to Articles 16
and 17 (other than those relating to paragraphs 2 and 3 of Article 16 which
were referred to the Joint Sub-Committee of the Second and Third Committees)
with a view to reaching agreement on a text to be recommended to the
Third Committee. At the thirteenth meeting of the Third Committee,
17 December, it was agreed to refer the amendments to Articles 18 and 19 to
Sub-Committee A.
2 The Sub-Committee consisted of representatives of the following
delegations: Australia, Brazil, China, Colombia, Cuba, Denmark, France,
Mexico, Netherlands, New Zealand, Peru, Turkey, United Kingdom, United States
and Uruguay. The delegate of Norway replaced the delegate of Denmark when
Articles 18 and 19 were under discussion. The Sub-Committee had the benefit
of consultation with the representatives of the following delegations, not
members of the Sub-Committee: Argentina, Ceylon, Chile, Czechoslovakia,
Ireland, the Philippines, Sweden, Syria and Venezuela, and with a
representative of the International Monetory Fund. A considerable number of
observers attended regularly the Sub-Committee meetings.
3. Dr. G. A. Lamsvelt (Netherlands) was elected Chairman.
4. The Sub-Committee has held [36] meetings.
5. Four working Parties were established which drafted revised texts of
the note to Annex A of Article 16, and of Articles 17, 18 and 19, respectively,
and a drafting group named which produced the new paragraph 4 of Article 16.
6. Part II of this Report comments briefly on the main charges in the text
and on the manner in which the Sub-Committee dealt with the proposed
amendments.
7. The recommended text of Articles 16, 17, 18 and 19 (except paragraphs 2
and 3 of Articles 16 which were not within its terms of reference) appears
in Part III of this Report.
/PART II E/CONF.2/C.3/A/W.52
Page 2
PART II
(References are to the Revised Annotated Agenda, E/CONF.2/C.3/6,
except as otherwise specified)
Article 16
Annexes A and D and Paragraph 4
The note to Annex A has been redrafted with respect to the imposition of
a margin of tariff preference to replace the preferential quantitative
arrangements described therein, and the reference to the imposition of a margin
of tariff preference to replace a margin of preference in an internal tax
existing on 10 April 1947 exclusively between two or more of the territories
listed has been deleted, as well as the entire note to Annex D. In lieu of
the provisions deleted, a new paragraph 4 has been added to Article 16 which
provides that any such margin of tariff preference shall be subject to the
provisions of Article 17.
The Danish proposal (Item 5) to amend the note to Annex A with respect
to the imposition of a margin of tariff preference to replace the existing
quantitative arrangements, and the Cuban proposal (Item 6) to amend the notes
to Annexes A and D with respect to a margin of tariff preference to replace a
margin of preference in an internal tax, have been met by these changes. The
Cuban delegation accordingly withdrew its reservation recorded in the Geneva
draft.
It is the Sub-Committee's understanding that if the negotiations provided
for in the new text of the note to Annex A for the elimination of the
preferential arrangements described therein or their conversion to tariff
preferences were not to result in agreement, there would nevertheless be a
commitment to convert immediately the quota preferences involved into tariff
preferences. The Sub-Committee understands further that a new tariff
preference created or an existing tariff preference increased as a result of
the negotiations provided for would come within the scope of paragraph 3 of
Article16 and would, therefore, be subject to negotiations in the manner
provided for in Article 17.
As a consequential change, the Sub-Committee recommends amending
paragraph 5 (b) of Article 23 as indicated in Part III.
The Brazilian delegation maintained provisionally its reservation to
paragraph 5 (b) of Article 23 which appeals in the Geneva draft both in
connection with Article 23 and with Annex A.
Annex D and Sub-Paragraph 2 (c) bis
On the suggestion of the delegate of the Philippines, it was agreed to
delete from Annex D the reference to the Republic of the Philipines and to
insert in paragraph 2 a new sub-paragraph referring to the preferential
/arrangements E/CONF.2/C.3/A/W.52
Page 3
arrangements in force between the United States of America and the Republic of
the Philippines.
Paragraph 5
The Cuban proposal (Item 3) to add to paragraph 1 of Article 16 a
provision to the effect that tariff descriptions based on distinctive regional
or geographical names should not be used in such a manner as to discriminate
against products of Member countries was referred to Sub-Committee C by the
Third Committee. Sub-Committee C recommended the inclusion in Article 35 of
a new paragraph along these lines unless its substance was added to Article 16.
Sub-Committee A considered both Sub-Committee C's recommendation and the
suggestion of the Chairman of the Third Committee, i.e., that an even broader
provision be included in Article 16, but decided not to recommend any such
addition on the grounds that it might have the effect of limiting the scope
of the most-favoured-nation clause. The Third Committee subsequently requested
Sub-Committee A to incorporate such a provision in Article 16, and paragraph 5
has accordingly been added.
Interpretative Note
The Sub-Committee recommends as an Interpretative Note to Article 16 the
note to paragraph 3 of Article I of the General Agreement on Tariffs and Trade,
which includes the interpretative note to Article 16 appearing in the Geneva
draft.
Article 17
Paragraph 1
Most of the amendments proposed to paragraph 1 of the Geneva draft, whether
relating to the principles laid down in the first sentence or to the rules for
negotiations, were either met or withdrawn in view of the revised text which
specifies in greater detail the rules for negotiations, without altering the
principles. In addition to the amendments referred to the Sub-Committee,
suggestions submitted by Australia, Colombia, France, Mexico, the United Kingdom
and the United States were taken into consideration in revising the text.
The Argentinian (ltem 25), Mexican (Item 27) and Uruguayan (Item 26,
C.3/6/Corr.5) proposals relating to the initiation of and the participants in
negotiations were substantially covered by redrafting the first part of
paragraph 1. The Haitian proposal (Item 28) received no support.
The Argentinian amendment (Item 25) to the effect that negotiations should
be directed to the "progressive" rather than "substantial". reduction of tariffs
received no support, and the Mexican amendment (Item 27) also relating to the
purpose of negotiations, was withdrawn in view of the incorporation of more
detailed rules for negotiations.
/The proposal E/CONF.2/C.3/A/W.52
Page 4
The proposal by the delegation of the Philippines (Item 29) to modify
the phrase "elimination of preferences" by the words "gradual" was withdrawn
in view of the provisions of new paragraph 2 (a).
Paragraph 2
The Mexican proposals to insert additional rules for negotiations
(Item 31 and C.3/A/W.13) were met to a considerable extent by the revised
text, particularly new paragraphs 1 (a) and (b). The Mexican delegate accepted
the revised text and did not press those amendments which were not specifically
adopted.
The Peruvian (Item 33) and Colombian (Item 32) amendments relating to the
effects of currency devaluation on tariffs were withdrawn because ot the
Sub-Committee' s interpretation that:
(a) prior to negotiations, a Member would be free to increase the
specific duty on any unbound item since Artible 17 does not provide
for a general binding of all items;
(b) subsequent to negotiations, should a Member's currency be
devalued consistently with the Articles of Agreement of the
International Monetary Fund by more than twenty percent, the
General Agreement (Article II. 6 (a)) permits the readjustment
of specific duties to take account of such devaluation, subject
to certain safeguards; and because of
(c) the inclusion of an interpretative note to sub-paragraph 2 (d)
stating that the effects of currency devaluation would be a matter
for consideration during negotiations.
The Sub-Committee, considered and the Turkish delegate agreed that this
interpretation would also cover the Turkish delegation' s proposed amendment
to Article 14 (C.2/9, page 63).
Sub-Paragrph 2 (a)
It was the Sub-Committee's understanding that the words "undertake not
to raise it (i.e., a tariff duty) above a specified higher level" did not
imply that a Member might be entitled to increase its tariffs generally, but
merely that in certain cases it might be advantageous to any Member to obtain
a tariff binding, even though at a higher level, and that the provisions of
sub-paragraph 2 (a) are therefore not inconsistent with the aims of paragraph 1,
i.e., the substantial reduction of tariffs and elimination of preferences.
It was considered necessary to describe the "basis" for negotiations by
the word "selective as well as by the term "product-by-product", in order to
make it clear that negotiations would not proceed on a product-by-product
basis with respect to all products, but rather on the basis of lists of requests
and offers of concessions on products in which there was mutual interest.
/The Sub-Committee E/CONF.2/C.3/A/W.52
The Sub-Committee did not understand this to mean that a Member could refuse
to negotiate on a particular item without offering any explanation. If the
reasons given were not regarded as satisfactory by an interested Member, it
was the Sub-Committee's view that the procedure of paragraph 4 of Article 17
and of Articles 89 and 90 would apply.
Sub-Paragraph 2 (b)
With respect to the second sentence, it was the Sub-Committee's view that
when a Member negotiates wih other Members who are signatories of the General
Agreement on Tariffs and Trade, account should be taken of the indirect
concessions which the Member is already granting to such signatories through
the most-favoured-nation clause, and of the similar concessions which
signatories of the Genaral Agreement on Tariffs and Trade may be already
extending to Member. The transformtion of indirect concessions under the
most-favoured-nation clause into direct concessions granted to Members in their
own right should be considered a negotiable concession.
Sub-paragraph 2 (e)
The substance of a Cuban amendment (Item 30) and of the interpretative note
to paragraph 1 of the Geneva draft relating to prior international commitments
as subsequently amended by the United Kingdom delegation (C.3/A/W.40) has been
incorporated in the text as new sub-paragraph 2 (e). In connection with this
sub-paragraph, the Sub-Committee considers that in view of the condition that
all agreements under this Article are to be on a reciprocal and mutually
advantageous basis, the phrase 'carry out negotiations' appearing in paragraph 1
of this Article does not mean that agreements most invariably result from
negotiations which have been initiated.
Paragraphs 2 and 4
The Ceylon (Item 34), Chilean (Item 40), Colombian (Item 35), Mexican
(Item 31) and Peruvian (Item 33) amendments, proposing that account be taken
by Members during negotiations and by the Organization in making determinations
under paragraph 4 of the needs of countries in special categories particularly
devastated and underdeveloped countries, and of the revenue aspect of Members'
tariffs, were met by the addition of sub-paragraphs 2 (a) and (b) and by the
addition of language in paragraph 4 with respect to the criteria which should
be taken into account by the Organization in determining whether a Member had
failed to fulfil tits obligations under Article 17. The Sub-Committee concluded
that it would be impracticable and unwise to attempt to set out in the Charter
itself detailed descriptions of all the specific criteria necessary to cover
all possible future situations. Accordingly, it was agreed that the Organization
should be instructed, broadly, to have regard to 'all relevant circumstances'.
The specific language recommended by the Sub-Committee is 'all relevant
/circumstances E/CONF.2/C.3/A/W.52
Page 6
circumstances, including the developmental and other needs and the fiscal
structures of the Member countries concerned and the provisions of the Charter
as a whole.' It was not felt necessary to refer specifically to the balance
of reciprocal concessions offered by the countries concerned, and the probable
effect or value of these concessions, since it was obvious that these elements
would comprise the very foundation of any case before the Organization, which
would inevitably take them into account. With regard to the suggestion that
language should be included recognizing the need of countries to maintain
reasonable tariff protection, it was felt that (a) in general it is implicit
in Article 17 that reasonable tariff protection is consistent with the
principles of the Charter, and (b) the needs of underdeveloped countries in
this respect are recognized in paragraph 1 of Article 13 and would be given
further specific recognition by the inclusion of the reference to 'developme??l
needs' in Article 17. This means that the Organization, in assessing the total
value of the concessions which a Member may be willing to grant to another
Member, shall take into account the needs resulting from the different general
conditions prevailing in different Member countries with respect to their
ability to maintain or develop their industries.
It was understood that the term 'developmental and other needs' would cover,
inter alia, a Member's need for reconstruction.
The Chilean delegate withdrew his proposal (Item 40) to add "balance of
payments" and "monetary reserves" as criteria to be taken into account by the
Organization on the grounds that these subjects were more relevant to
Articles 21, 23 and 24.
The amendments proposed by Haiti (Item 28) and El Salvador (Item 41) to
the effect that Members should be released from the obligation to negotiate
because of their economic development and revenue needs received no support.
Paragraph 3
The substance of the United States amendment (Item 44) was adopted as the
first and second sentences of this paragraph. The third sentence of the
paragraph was added to cover the substance of the Norwegian amendment (Item 45)
and the interpretative note to Article 17 of the Geneva text relating to
existing bilateral agreements. The Interpretative Note shown in the Geneva
text has accordingly been deleted, and the Cuban delegation has withdrawn its
reservation.
As regards any difficulties which might arise from a possible conflict
between the provisions of the Charter and the general provisions of the General
Agreement on Tariffs and Trade, the Sub-Committee is of the opinion that the
best method of eliminating such difficulties would be for the Governments
signing the Final Act adopted at the conclusion of the Second Session of the
/Preparatory E/CONF.2/C.3/A/?.52
Page 7
Preparatory Committee of the United Nations Conference on Trade and Employment
to hold a meeting before the signing of the Final Act of the Havana Conference
in order to agree with respect to the supersession of the general provisions
of the General Agreement by the corresponding provisions of the Charter.
Members of the Conference would then be in a position to know the provisions
of the final text of the General Agreement on Tariffs and Trade, referred to
in paragraph 3, prior to signin? the Final Act in Havana. The desirability of
amending the unanimity requirement with respect to agreement on the terms of
accession to the General Agreement might also be considered at such a meeting.
The Mexican delegate did not press his amendment (Item 36) relating to
the revision of negotiated agreements in view of the revised text of paragraph 3
and the Sub-Committee's opinion expressed above.
Paragraph 4
There was no substantial support in the Sub-Committee for the Peruvian
proposal (Item 39) that the Tariff Committee should be only an investigatory
and recommendatory body and that the Executive Board rather than the Tariff
Committee should have the power to make determinations under paragraph 4. No
agreement was reached as to whether the decisions of the Tariff Committee
should be final or whether an appeal from its decisions should be provided for,
although there was considerable support for providing some appeal procedure.
The Uruguayan proposal to delete paragraph 2 of the Geneva text (Item 38) is
still pending. The Sub-Committee has made no change in paragraph 3 of the
Geneva text and the Uruguayan and Peruvian proposals (Item 43) to delete this
paragraph are being held in abeyance. The Sub-Committee may wish to make
further recommendations to the Third Committee when the Report of the
Tripartite Working Party of Sub-Committee A of the Third Committee, Sub-
Committee D of the Sixth Committee and the Joint Sub-Committee of the Second
and Third Committees, which is considering matters relating both to the Tariff
Committee and the proposed Economic Development Committee, is available.
General
The Sub-Committee considered in principle, at the request of Sub-Committee E
of the Third Committee, paragraph 1 of new Article 27 proposed by Brazil
(C.3/H/W.6), as follows:
"1. No Member shall grant, directly or indirectly, any subsidy on
the domestic production of any commodity, in respect of which the
tariff has been reduced or bound by negotiation pursuant to Article17."
A majority of the Sub-Committee considered that it was not necessary to
write into the Charter the proposed Brazilian amendment, either in its original
form or as revised during the Sub-Committee's discussion, whereas a minority
of the Sub-Committee supported the Brazilian amendment at least in principle.
/Sub-Committee H E/CONF.2/C.3/A/W.52
Page 8
Sub-Committee H was advised accordingly.
The Brazilian delegation has reserved its position on Article 17 in any
case pending the report of the Joint Sub-Committee of the Second and Third
Committees.
The delegate of Venezuela withdrew his amendment (Item 42, C.3/6/Corr.2)
which would have permitted the adjustment of customs duties to compensate for
the elimination of an internal tax, in vi of the addition to Article 18 of
new paragraph 3 which provides for a trans tional period before an existing
internal tax on a bound item must be elimi ced in accordance with paragraph 2
of Article 18.
The Danish, Norwegian and the United om delegations each reserved
provisionally its position with respect to irst interpretative note
relating to the whole of Article 17.
;' *,~ ,, :Article 18
General - . -
The recoomezned. next differs..nsiderably in form fr the Gerev text
buthasr been c anged subtantialy i1 onl one xespet... Thsecond sentence
of pardagraph Iofthe -Gfev. daft provide that existing internal taxes which
.m rded protection.tditrectly copetsitive ors substituable product in case
in w hich there was no substatntial domeostic production of he like prduct could
be maintainred,e subjct tm egotiation fto thoi elimination o.rreduc-in in the
er povided f.b- in Atticle 17. Thse..SurCmi ee reommend their outright
would, of course, be free to convert the protective
.. . . ;..:X >>-Atbud. :.,e;.....In!
eleme nt ofnd such .tIaxes into cu oms duies in the case of. nbou- tems, the
case of-ounditems, the Subo-Committee ecommends in paragraph 3 a transritq
riod during-,ich a Member cn postpone thea rappation of the provisions of
paararaph2 pending release;froe i trade ogrement obligations in order to
permexit thsincsreas e -fthe tartiffof to. he tent necesary.t compensa e$pthe
eliminat ion of the-ro-etive elementr of the*.x. The. ew form of the Aticle
zes more thandid tohe Gen eva rtext athe intentin thatf intenatxes
shoufld not be used as a meansh o prote ction. The details ave beenrelegated
to interpretative notes sor Members to hact iat would be easier fo tasertin the
recise scoeeof their dblgations under the Article. .
Th Norwegian Daeegatioon hwiwthdrew its reseerdton n t4ehole of
1e8 rdecord eut maintained provisionally a inthe Genva @raft,,b
phs 7 and 9.reservation on
2 and 3Paragraphs.lrT
G5 uhonsidere- the ColombianOmmttese49 and . caand IrishdItem 54) amens to paragraph 1fiah
s to paragraph 1 of the Geneva text to haandP -amnd)nsn t-&ve
- - -. .. /b E/CONF.2/C.3/A/W.52
Page 9
been covered insofar as feasible by the revised text and by the interpretative
note to paragraph 1 relating to paragraphs 3 of Article 99.
The Sub-Committee considered that charges imposed in connection with the
international transfer of payments for imports or exports, particularly the
charges imposed by countries employing multiple currency practices, where such
charges are imposed not inconsistently with the Articles of Agreement of the
International Monetary Fund, would not be covered by Article 18. On the other
hand, in the unlikely case of a multiple currency practice which takes the
form of an internal tax or charge, such as an excise tax on an imported product
not applied on the like domestic product, that practice would be precluded by
Article 18. It may be pointed out that the possible existence of charges on
the transfer of payments insofar as these are permitted by the International
Monetary Fund is clearly recognized by Article 16.
It was agreed that a tax applying at a uniform rate to a considerable
number of products was to be regarded as a tax of the kind referred to in the
parenthesis in the interpretative note to Article 17, notwithstanding the fact
that the legislation under which the tax was imposed also provided for other
rates of tax applying to other products.
The delegations of Chile, Lebanon, and Syria inquired whether certain
charges imposed by their countries on imported products would be considered as
internal taxes under Article 18. The Sub-Committee, while not attempting to
give a general definition of internal taxes, considered that the particular
charges referred to are import duties and not internal taxes because according
to the information supplied by the countries concerned (a) they are collected
at the time of, and as a condition to, the entry of the goods into the importing
country, and (b) they apply exclusively to imported products without being
related in any way to similar charges collected internally on like domestic
products. The fact that these charges are described as internal taxes in the
laws of the importing country would not in itself have the effect of giving
them the status of internal taxes under the Charter.
The delegation of Chile, not a member of the Sub-Committee, maintained
provisionally its reservation recorded in the Geneva text. The Sub-Committee
considered that the Lebanese and Syrian amendments (Item 50, C.3/6/Corr.6)
were covered in view of the revised text and of the Sub-Committee's understanding
set forth above. The Chinese delegation withdrew its amendment (Item 51) and
its reservation recorded in the Geneva draft in view of the revised text,
The Peruvian delegate withdrew his amendment (Item 56, C.3/6/Add.2) in
view of the Sub-Committee's interpretation that neither income taxes nor import
duties fall within the scope of Article 18 which is concerned solely with
internal taxes on goods.
/The Costa Rican E/CONF.2/C.3/A/W.52
Page 10
The Costa Rican proposal (Item 55) was not accepted on the grounds that
it was not necessary.
The Norwegian proposal (C.3/6/Add.5), which would have exempted from the
provisions of Article 18 domestic price stabilization arrangements involving
subsidies and internal taxes on imported products for the purpose of preventing
or modifying inflationary or deflationary pressures, received no substantial
support.
The Brazilian delegation reserved its position on paragraphs 1, 2 and 3
for the time being.
The Cuban delegation withdrew its reservation recorded in the Geneva text.
Paragraph 4
The Norwegian delegation had proposed to insert a new paragraph in
Article 18 (Item 70) to make sure that the provisions of this Article would
not apply to laws, regulations and requirements which have the purpose of
standardizing domestic products in order to improve the quality or to reduce
costs of production, or have the purpose of facilitating an improved organization
of internal industry, provided that they have no harmful effect on the expansion
of international trade. The Sub-Committee was of the opinion that this
amendment would not be necessary because the Article as drafted would permit the
use of internal regulations required to enforce standards. In accordance with
this opinion the Norwegian delegation withdrew its amendment.
The Sub-Committee inserted the word "internal" to make it clear that
differential transportation charges did not refer to international shipping.
Since paragraph 4 relates solely to the question of differential treatment
between imported and domestic goods, the inclusion of the last sentence in t?
paragraph should not be understood to give sanction to the use of artificial
measures in the form of differential transport charges designed to divert
traffic from one port to another.
The Cuban proposal (Item 54, C.3/6/Corr. 3) to delete the word
"transportation" in the first sentence of this paragraph and to delete the
second sentence received no support.
The Mexican delegate withdrew his amendment (Item 58), which he regarded
as adequately covered elsewhere in the Charter.
Paragraph 5
The Sub-Committee was in agreement that under the provisions of Article 18
regulations and taxes would be permitted which, while perhaps having the effect
of assisting the production of a particular domestic product (say, butter),
are directed as much against the domestic production of another product (say,
domestic oleomargarine) of which there was a substantial domestic production
as they are against imports (say, imported oleomargarine).
/The Mexican E/CONF.2/C.3/A/W.52
Page 11
The Mexican proposal to delete paragraph 3 of the Geneva draft (Item 60)
was withdrawn in view of the revised text.
The proposal (Item 61) made by the delegation of Ceylon, not a member of
the Sub-Committee, was considered to have been covered by the revised draft of
this paragraph and its further proposal (Item 63) was withdrawn.
The Chilean delegation, not a member of the Sub-Committee, maintains
provisionally its reservation to paragraph 3 of the Geneva draft.
Paragraph 6
The exception permitting the continuance of existing mixing regulations
has been redrafted as suggested by the delegation of Sweden (Item 67) so as to
bring out more clearly that a Member would be free to alter the details of an
existing regulation provided that such alterations do not result in changing
the overall effect of the regulation to the detriment of imports.
The delegate for Ireland inquired whether the phrase 'shall not be modified
to the detriment of imports' would permit the maintenance of an existing
regulation in Ireland providing for changes in the amounts or proportions of
a product required to be mixed which are the result of changes in crops from
year to year. The Sub-Committee considered that since the regulation in question
specifically provided for such changes, the changes would not be precluded by
paragraph 6 and the Irish delegate withdrew his amendment (Item 62).
The Mexican amendment (Item 64) and the Argentinian amendment (Item 65 (b))
were met by the addition of the date of the signing of the Final Act of the
United Nations Conference on Trade and Employment.
The Argentinian proposal (Item 65 (a)) and the Brazilian proposal (Item 69)
received no support.
The amendment submitted by the delegation of Ceylon (Item 66) received no
substantial support and the Ceylon delegation reserved its position on this
paragraph.
The New Zealand delegation has withdrawn its reservation to paragraph 4 (b)
of the Geneva draft.
The Brazilian delegation reserves provisionally its position on this
paragraph.
Paragraph 7
The Mexican and Norwegian delegations have reserved their position on this
paragraph pending availability of the final text of Articles 20 and 22.
Paragraph 8
Sub-Paragraph (a)
The Chinese delegation has withdrawn its amendment (Item 72) and its
reservation recorded in the Geneva draft in view of the revised text of this
sub-paragraph.
/Ceylon and E/CONF.2/C.3/A/W.52
Page 12
Ceylon and Mexico have accepted the new text and withdrawn their proposal
(Item 71) to delete paragraph 5 of the Geneva draft.
Sub-Paragraph (b)
This sub-paragraph was redrafted in order to make it clear that nothing
in Article 18 could be construed to sanction the exemption of domestic products
from internal taxes imposed on like imported products or the remission of such
taxes.
The Mexican delegation has reserved its position on this sub-paragraph
pending availability of the text of Section C of Chapter IV relating to
Subsidies.
Paragraph 9
The Sub-Committee was in agreement that the addition to this paragraph
proposed by Australia was unnecessary because the words "to the fullest
practicable extent" in the recommended text have the same intent as the words
"having due regard for the legitimate purposes of a particular price control
measure and the legitimate interests of the prejudicially affected Member or
Members" which Australia proposed adding at the end of the paragraph. The
Australian delegate accepted this view.
The Norwegian and United Kingdom delegations have reserved provisionally
their position on this paragraph.
Recommended Consequential Changes
1. If the proposed new paragraph 7 of Article 18 is adopted, paragraph 5 of
Article 22 would have to be amended as suggested in Part III.
2. It is recommended that paragraph 2 of Article 30 be amended (a) to bring
it in line with the wording of paragraph 8 (a) of Article 18 so as to avoid
difficulties of interpretation, and (b) to extend the "fair and equitable
treatment" rule established in paragraph 2 of Article 30 with respect to imports
for governmental purposes excepted from the provisions of paragraph 1 of
Article 30 to the laws, regulations and requirements relating to procurement
for governmental purposes referred to in paragraph 8 (a) of Article 18.
3. The Sub-Committee considers that the term "maximum import duty" in
paragraph 2 of Article 31 includes both the import duty proper as contemplated
in Article 17 and the monopoly margin of profit and that it would be preferable
to substitute the term "protective margin" for the term "maximum import duty".
However, the Sub-Committee believes that this suggestion should appropriately
be discussed in connection with Article 31, which is outside its terms of
reference, and is therefore bringing it to the attention of the Third Committee.
Article 19
The Sub-Committee recommends the deletion of sub-paragraph 6 (a) of
Article 18, which specifically excepted any internal quantitative regulation
/relating E/CONF.2/C.3/A/W.52
Page 13
relating to cinematograph films and meeting the requirements of Article 19
from the provisions of paragraph 5 of Articie 18, and the introduction at the
beginning of Article 19 of the words "The provisions of Article 18 shall not
prevent any Member from establishing or maintaining internal quantitative
regulations......" so that all special provisions relating to cinematograph
films will be contained in A rticle 19. No other substantive change has been
made in this Article.
The delegate for Czechoslovakia reaffirmed the views expressed by the head
of his delegation in Committee III (C.3/SR.13) to the effect that cinematograph
films should be explicitly excluded from the competence of the ITO on the
grounds that films, being works of art, are not just simple commercial
commodities or industrial products. However, if the majority of the Conference
favoured the retention of Article 19 his delegation would no longer press its objections.
The delegate of Norway fundamentally agreed in the view expressed by the
Czechoslovakian delegation. However, as this view had not been sufficiently
supported, he did not reserve his position.
The Argentinian delegate withdrew his amendment (Item 80) in view of the
Sub-Committee's interpretation that the date fixed in sub-paragraph (c) clearly
relates only to discriminatory measures as between foreign films, not as between
domestic and foreign films.
/PART III E/CONF.2/C.3/A/W.52
Page 14
PART III
RECOMMENDED TEXT
CHAPTER IV
COMMERCIAL POLICY
SECTION A - TARIFFS, PREFERENCES, AND INTERNAL TAXATION AND REGULATION
ARTICLE 16*
General Most-favoured-nation Treatment
1. With respect to customs duties and charges of any kind imposed on or in
connection with importation or exportation or imposed on the international
transfer of payments for imports or exports, and with respect to the method
of levying such duties and charges, and with respect to all rules and
formalities in connection with importation and exportation, and with respect
to all matters [referred to in] within the scope of paragraphs [1 and 2]
2 and 4 of Article 18, any advantage, favour, privilege or immunity granted
by any Member to any product originating in or destined for any other country,
shall be accorded immediately and unconditionally to the like product
originating in or destined for all other Member countries respectively.
2. .....
(c) bis. preferences in force exclusively between the Republic of
the Philippines and the United States of America, including its
dependent territories.
3. .....
4. The imposition of a margin of tariff preference not in excess of the
amount necessary to compensate for the elimination of a margin of preference
in an internal tax existing on 10 April 1947 exclusively between two or more
of the territories in respect of which preferential import duties or charges
are permitted under paragraph 2 of this Article shall not be deemed to be
contrary to the provisions of this Article, it being understood that any such
margin of tariff preference shall be subject to the provisions of Article l7.
5. The Members recognize that tariff descriptions based on distinctive
regional or geographical names should not be used in such a manner as to
discriminate against products of member countries. Accordingly, the Members
shall co-operate with each other and through the Organization with a view
to eliminating at the earliest practicable date practices which are
inconsistent with this principles.
Interpretative Note
The term "margin of preference means the absolute difference between
the most-favoured-nation rate of duty and the preferential rate of duty for
the like product, and not the proportionate relation between those rates. As
* Paragraphs 2 and 3 were not within Sub-Committee A's terms of reference.
/examples: E/CONF.2/C.3/A/W.52
Page 15
examples:
1. If the most-favoured-nation rate were 36 per cent ad valorem and
the preferential rate were 24 per cent ad valorem, the margin of
preference would be 12 per cent ad valorem, and not one-third of the
most-favoured-nation rate;
2. If the most-favoured-nation rate were 36 per cent ad valorem and
the preferential rate were expressed as two-thirds of the most-favoured-
nation rate, the margin of preference would be 12 per cent ad valorem;
3. If the most-favoured-nation rate were 2 francs per kilogram and the
preferential rate were 1.50 francs per kilogram, the margin of preference
would be 0.50 francs per kilogram.
The following kinds of customs action, taken in accordance with
established uniform procedures, would not be contrary to a general binding of
margins of preference:
(i) the re-application to an imported product of a tariff classificatio
or rate of duty, properly applicable to such product, in cases in
which the application of such classification or rate to such
product was temporarily suspended or inoperative on 10 April 1947;
and
(ii) the [application to] classification of a particular [commodity]
product [of] under a tariff item other than that [which was
actually applied to] under which importations of that [commodiy]
product were classified on 10 April 1947, in cases in which the
tariff law clearly contemplates that such [commodity] product may
be classified under more than one tariff item.
ANNEXES -PERTAININGTO PARAGRAPH 2 OF ARTICLE 16
ANNEX A
List of Territories Referred to in Paragraph 2 (a) of Article 16
United Kingdom of Great Britain and Northern Ireland.
Dependent territoriesof the United Kingdom of Great Britain and
Northe? Ireland.
Canada.
Commonwealth of Australia.
Dependent territories of the Commonwealth of Australia.
New Zealand.
Dependent territories of New Zealand.
Union of South Africa including South West Africa.
Ireland.
India (as it 10 April 1947).
Newfoundland.
Southern Rhodesia.
/Burma E/CONF.2/C.3/A/W.52
Page 16 Burma.
Ceylon.
Certain of the territories listed above have two or more preferential
rates in force for certain products. Any such territory may, by agreement
vith the other Members which are principal suppliers of such products at the
most-favoured-nation rate, substitute for such preferential rates a single
preferential rate which shall not on the whole be less favourable to suppliers
at the most-favoured-nation rate than the preferences in force prior to such
substitution.
[The imposition of a margin of tariff preference to replace a margin of
preference in an internal tax existing on 10 April 1947 exclusively between
two or more of the territories listed in this Annex or to replace the
preferential quantitative arrangements described in the following paragraph
shall not be deemed to constitute an increase in a margin of tariff
preference.]
The preferential arrangements referred to in paragraph 5 (b) of
Article 23 are those existing in the United Kingdom on 10 April 1947, under
contractual agreements with the Governments of Canada, Australia and
New Zealand, in respect of chilled and frozen beef and veal, frozen mutton
and lamb, chilled and frozen pork, and bacon [[and hams]. It is the
intention, without prejudice to any action taken under sub-paragraph (h) of
Part 1 of Article 43, that those arrangements shall be eliminated or replaced
by tariff preferences, and that negotiations to this end shall take place
as soon as practicable among the countries substantially concerned or
involved.] Without prejudice to any action taken under sub-paragraph (h) of
Part 1 of Article 43, negotiations shall be entered into when practicable
among the countries substantially concerned or involved, in the manner
provided for in Article 17, for the elimination of these arrangements or their
replacement by tariff preferences. If after such negotiations have taken
place a tariff preference is created or an existing tariff preference is
increased to replace these arrangements such action shall not be considered
to contravene Article 16 or Article 17.
The film hire tax in force in New Zealand on 10 April 1947 shall, for
the purpose of this Charter, be treated as a customs duty falling within
Articles 16 and 17. The renters' film quota in force in New Zealand on
10 April 1947, shall for the purposes of this Charter be treated as a screen
quota falling within Article 19.
ANNEX D
List of Territories of the United States of America
Referred to in Paragraph 2 (b) of Article 16
United States of America (customs territory).
Dependent territories of the United States of America.
[Republic of the Philippines.] /[The imposition of E/CONF.2/C.3/A/W.52
Page 17
[The imposition of a margin of tariff preference to replace a margin of
preference in an internal tax existing on 10 April 1947 exclusively between
two or more of the territories listed in this Annex, shall not be deemed to
constitute an increase in a margin of tariff preference.]
Recommended Consequential Change in Paragraph 5 (b) of Article 23
5. The provisions of this Section shall not preclude:
(b) restrictions under the preferential arrangements provided for
in Annex A of thie Charter, [subject to the conditions set forth
therein.]-pending the outcome of the negotiations referred to
therein.
Article 17
Reduction of Tariffs and Elimination of Preferences
1. Each Member shall, upon the request of [the Organization] any other
Member or Members, and subject to procedural arrangements established by
the Organization, enter into and carry out with such other Member or Members
[as the Organization may specify] negotiations directed to the substantial
reduction of the general levels of tariffs and other charges on imports and
exports, and to the elimination of the preferences referred to in paragaph 2
of Article 16, on reciprocal and mutually advantageous basis. [These
negotiations shall proceed in accordance with the following rules:]
2. The negotiations provided for in paragraph shall proceed in
accordance with the following rules:
a) Such negotiations shall be conducted on a selective product-by-
product basis which will afford an adequate opportunity to take into
account the needs of individual countries and individual industries.
Members shall be free not to grant concessions on particular products
and, in the granting of a concession, they may either reduce the duty,
bind it at its then existing level, or undertake not to raise it
above a specified higher level.
(b) No Member shall be required to grant unilateral concessions,
or to grant concessions to other Members without receiving adequate
concessions in return. Account shall be taken of the value to any
Member of obtaining in its own right and by direct obligation the
indirect concessions which it would otherwise enjoy only by virtue
of Article 16.
[a] (c) In the Negotiations relating to any specific product
(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 E/CONF.2/C.3/A/W.52
Page 18
(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;
(iv) no margin of preference shall be increased.
[b] (d) The binding against increase of low [tariffs] duties or of
[tariff] duty-free treatment shall in principle be recognized as
a concession equivalent in value to the substantial reduction of
high [tariffs] duties or the elimination of tariff preferences.
[c] Account shall be taken of any concession which either Member is
already extending to the other Member by virtue of previous
negotiations regarding tariffs and preferences pursuant to this
Article.]
(e) Prior international obligations shall not be invoked to
frustrate the requirement under paragraph 1 of this Article to
negotiate 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 (i) with the consent of
the parties to such Obligations, or in the absence of such consent,
(ii) by modification or termination of such obligations in accordance
with their terms.
[d The results of such negotiatiotis shall be incorporated in the
General Agreement on Tariffs and Trade, signed at .......... on
............1948 by agreement with the parties to that Agreement,
and thereupon the parties to such negotiations shall become
contracting parties to the General Agreement on Tariffs and Trade,
if they are not so already.]
3. The negotiations leading to the General Agreement on Tariffs and Trade,
concluded at Geneva on 30 October 1947, shall be deemed to be negotiations
pursuant to this Article. The concessions agreed upon as a result of all
other negotiations completed by a Member pursuant to this Article shall be
incorporated in the General Agreement on terms to be agreed with the parties
thereto. If any Member enters into any agreement relating to tariffs or
preferences which is not concluded pursuant to this Article, the negotiations
leading to such agreement shall nevertheless conform to the requirements of
paragraph 2 (c) of this Article.
/[2] 4. If any E/CONF.2/C.3/A/W.52
Page 19
[a] 4. If any Member considers that any other Member has failed to fulfil
its obligations under paragraph 1of this Article, such Member may refer
the matter to the Organization, which, after investigation, shall make
appropriate recommendations to the Members concerned. If the
Organization finds that a Member has failed without sufficient
justification, [having regard to its economic position and the
provisions of the Charter as a whole.] having regard to all relevant
circumstances, including the developmental and other needs and the
general fiscal structures of the Member countries concerned, and to the
provisions of the Charter as a whole, to carry out negotiations within
a reasonable period of time in accordance with the [requirements]
provisions of paragraphs 1 and 2 of this Article, the Organization may
[determine that any] waive the requirements of Article 16 to the
general extent necessary to permit the complaining Member or Members
[shall, notwithstanding the provisions of Article 16, be entitled] to
withhold from the trade of the other Member any of the tariff benefits
which may have been negotiated pursuant to paragraph 1 of this Article,
and embodied in Part I of the General Agreement on Tariffs and Trade.
If such benefits are in fact withheld, so as to result in the
application to the trade of the other Member of tariffs higher than
would otherwise have been applicable, such other Member shall then be
free, within sixty days after such action [is taken, to withdraw]
becomes effective, to give written notice of withdrawal from the
Organization. The withdrawal shall take effect upon the expiration of
sixty days from the [date] day on which [written] such notice [of such
withdrawal] is received by the Organization.
[3] 5. The provisions of this Article shall operate in accordance with the
provisions of Article 81.
Interpretative Notes
Article 17
[The provisions of this Article do not prevent Members from concluding
new, or maintaining existing, bilateral tariff agreements which are not
incorporated in the General Agreement on Tariffs and Trade, provided that such
agreements are consistent with the relevant principles of Article 17 and that
the concessions made by a Member under such agreements are generalized to all
members in accordance with Article 16.]
It is understood that an internal tax (other than a general tax
uniformly appplicable to a considerable number of products) which is applied
to a product not produced domestically in substantial quantities would be
treated as a customs duty under this Article in any case in which a tariff
/concession on the E/CONF.2/C.3/A/W.52
Page 20
concession on the product would not be of substantial value unless it is
accompanied by a binding or a reduction of the tax.
[Paragraph 1
The undertaking to negotiate regarding preferences necessarily implics
that prior international commitments to grant particular preferences will not
be permitted to frustrate the undertaking to negotiate. For this reason the
provisions of sub-paragraph 1 (a) of the New York draft have been omitted
from the Charter as being implicit.
Obviously any agreement reached affecting preferences provided for in
any prior commitment would require, in order to be implemented, such change
in the latter as might be necessary to give effect to the agreement. This
change would either have to be agreed between the parties to the prior
commitment or, if they could not agree, the party wishing to make the change.
in order to proceed, would have to terminate the prior commitment in accordance
with its terms.]
Sub-Paragraph 2 (d)
In the event of the devaluation of a Member's currency, or of a rise
in Prices, the effects of such devaluation or rise in prices would be a
matter for consideration during negotiations in order to determine, first,
the change in the protective incidence of the specific duties, if any, of
the Member concerned and, secondly, whether the binding of such specific
duties represents in fact a concession equivalent in value to the
substantial reduction of high duties or the elimination of tariff
preferences.
Article 18
National Treatment on Internal Taxation and Regulation
1. The-Members recognize that internal taxes and charges, and laws,
regulations or requirements affecting the internal sale, offering for sale,
purchase, transportation, distribution, or use of products, and internal
qu??tive regulations requiring the mixture, processing or use of products
in specified amounts or proportions, should not be applied to imported or
domestic products so as to afford protection to domestic production.
[1] 2. The products of any Member country, imported into any other Member
country shall [be exempt from] not be subject, directly or indirectly,
to internal taxes [and] or other internal charges of any kind, in
excess of those applied, directly or indirectly, to like domestic
products. [of national origin. Moreover, in cases in which there
is no substantial domestic production of like products of national
origin; no Member shall apply new or increased internal taxes on the
products of other Member countries for the purpose of affording
/protection to the E/CONF.2/C.3/A/W.52
Page 21
protection to the production of directly competitive or substitutable
products] Moreover, no Member shall otherwise apply internal taxes or
charges to imported or domestic products in a manner contrary to the
principles set forth in paragraph 1.
3. With respect to any existing internal tax which is inconsistent with
the provisions of paragraph 2 but which is specifically authorized under
a trade agreement, in force on 10 April 1947, in which the import tariff
on the taxed product is bound against increase. the Member imposing the
tax shall be free to postpone the application of the provisions of
paragraph 2 to such tax until such time as it can obtain release from its
trade agreement obligations in order to permit the increase of such
tariff to the extent necessary to compensate for the elimination of the
protective element of the tax.
[2] 4. The products of any Member country imported into any other Member
country shall be accorded treatment no less favourable than that accorded
to like products of national origin in respect of all laws, regulations,
and requirements affecting their internal sale, offering for sale,
purchase, transportation, distribution, or use. This paragraph shall not
prevent the application of differential internal transportation charges
which are based exclusively on the economic operation of the means of
transport and not on the nationality of the product.
[3] 5. No Member shall establish or maintain any internal quantitative
regulation relating to the mixture, processing or use of products in
specified amounts or proportions which requires, directly or indirectly,
that any specified amount or proportion of any product which is the
subject of the regulation must be supplied from domestic sources.
Moreover, no Member shall otherwise apply internal quantitative
relations in a manner contrary to the principles set forth in
[4] 6. The provisions of paragraph [3] 5 shall not apply to [:
(a) any internal quantitative regulation relating to
cinematograph films and meeting the requirements of Article 19;
(b) any [other measures of] internal quantitative
[control] regulation inforce in any Member country on
1 July 1939 [or], 10 April 1947 or on the day on which
the Final Act of the United Nations Conference on Trade
/and Employment is E/CONF.2/C.3/A/W.52
Page 22
and Employment is signed,* at the option of that Member; Provided
that any such [measure\] regulation which would be in conflict with
the provisions of paragraph [3] 5 shall not be modified to the
detriment of imports and shall be subject to negotiation[s for its
limitation, liberalistation or elimination in the manner provided
for in respect of tariffs and preferences under Article 17] and
accordingly shall be treated as a customs duty for the purposes of
Article 17.
7. No internal quantitative regulation relating to the mixture,
processing or use of products in specified amounts or proportions shall
be applied in such a manner as to allocate any such amount or
proportion among external sources of supply.
[5] 8. (a) The provisions of this Article shall not apply to laws,
regulations or requirements governing the procurement by
governmental agencies of products purchased for governmental
purposes and not [for] with a view to commercial resale or with
a view to use in the production of goods for commercial sale []i
(b) [nor] The provisions of this Article shall [they] not prevent
the payment of subsidies not inconsistent with the provisions of
Section C of this Chapter exclusively to domestic producers, [only
of subsidies provided for under Article 25,] including payments to
domestic producers derived from the proceeds of internal taxes or
charges applied consistently with the Provisions of this Article and
subsidies effected through governmental purchases of domestic
products.
9. The Members recognize that internal maximum price control measures,
even though conforming to the other provisions of this Article, can have
effects prejudicial to the interests of Member countries supplying
imported products. Accordingly, Members applying such measures shall
take account of the interests of exporting Member countries with a view
to avoiding to the fullest practicable extent such prejudicial effects.
Interpretative Notes
Article 18
If any internal tax or other internal charge, or any law, regulation
or requirement of the kind referred to in paragraph 1, applying to an imported
* If the Conference agrees to delete from Article 100 the words "DONE at....
this..... day of.....One Thousand Nine Hundred and Forty...." and to
substitute the words "the date of this Charter shall be the date upon
which the Final Act of the United Nations Conference on Trade and
Employment is signed", the words "or on the date of this Charter" should
be substituted for the words "or on the day on which the Final Act of the
United Nations Conference on Trade and Employment Is signed".
/product and to the E/CONF.2/C .3/A/W.52
Page 23
product and to the like domestic product, is collected or enforced in the case
of the imported product at the time or point of importation, it is nevertheless
to be regarded as an internal tax or other internal charge, or a law,
regulation or requirement of the kind referred to in paragraph 1, and is
accordingly subject to the provisions of Article 18.
Paragraph 1
The application of paragraph 1 to internal taxes imposed by local
governments within the territory of a Member is subject to the provisions
of paragraph 3 of Article 99. The term "reasonable measures" in the
last-mentioned paragraph would not require, for example, the repeaI of
existing national legislation authorizing local governments to impose internal
taxes which, although technically inconsistent with the letter of Article 18,
are not in fact inconsistent with its spirit, if such repeal would result in
a serious financial hardship for the local governments concerned. With regard
to taxation by local governments which is inconsistent with both the letter
and spirit of Article 18, the term "reasonable measures" would permit a
Member to eliminate the inconsistent taxation gradually over a transition
period if abrupt action'would create serious administrative and financial
difficulties.
A tax conforming to the requirements of the first sentence of paragraph 2
would be considered to be inconsistent with the second sentence only in cases
where competition was involved between, on the one hand, the taxed product,
and on the other hand, a directly competitive or substitutable product which
was not similarly taxed.
Regulations consistent with the first sentence of paragraph 5 shall not
be considered to be contrary to the second sentence in any case in which all
of the products subject to the regulations are produced domestically in
substantial quantities. A regulation cannot be justified as being
consistent with the second sentence on the ground that the proportion or
amount allocated to each of the products which are the subject of the
regulation constitutes an equitable relationship between imported and
domestic products.
Recommended Consequential Changes
Artcle 22, Paragraph 5
5. The provisions of this Article shall apply to any tariff quota
instituted or maintained by any Member and, insofar as applicable, the
principles of this Article shall also extend to export restrictions [and
to any internal regulation or requirements under paragraph 2 of Article 18].
/Article 30, Paragraph 2 E/CONF.2/C .3/A/W.52
Page 24
Article 30, Paragraph 2
2. The provisions of paragraph 1 of this Article shall not apply to imports
of products [for immediate or ultimate consumption in governmental use and
not otherwise for resale or for] purchased for governmental purposes and not
with a view to commercial resale or with a view to use in the production of
goods for commercial sale. With respect to such imports, and with respect
to the laws, regulations and requirements referred to in paragraph 8 (a) of
Article 18, the Members shall accord to the trade of the other Members fair
and equitable treatment.
Article 19
Special Provisions Relating to Cinematograph Films
[If any Member establishes or maintains] The provisions of Article 18
shall not prevent any Member from establishing or maintaining internal
quantitative regulations relating to exposed cinematograph films [,]. Any
such regulations shall take the form of screen quotas which shall conform to
the following conditions and requirements:
(a) Screen quotas may require the exhibition of cinematograph films
of national origin during a specified minimum proportion of the total
screen time actually utilized over a specified period of not less than
one year in the commercial exhibition of all films of whatever origin,
and shall be computed on the basis of screen time per theatre per year
or the equivalent thereof.
(b) With the exception of screen time reserved for films of national
origin under a screen quota, [no] screen time, including screen time
released by administrative action from minimum time reserved for films
of national origin, shall [formally or in effect be allocated] not be
allocated formally or in effect among sources of supply.
(c) Notwithstanding the provisions of sub-paragraph (b) above, [Members]
and Member may maintain screen quotas conforming to the [conditions]
requirements of sub-paragraph (a) which reserve a minimum proportion
of screen time for films of a [national] specified origin other than
that of the Member imposing such screen quotas; Provided that no such
minimum proportion of screen time shall be increased above the level
in effect on 10 April 1947.
(d) Screen quotas shall be subject to negotiation [for their limitation,
liberalization or elimination in the manner provided for in respect of
tariffs and preferences under] and shall according be treated as
custom duties for the purposes of Article 17. |
GATT Library | gz851dq4417 | Draft report of Sub-Committee B (proposed new Article 18A) | United Nations Conference on Trade and Employment, February 25, 1948 | Third Committee: Commercial Policy | 25/02/1948 | official documents | E/CONF.2/C.3/B/W.4 and E/CONF.2/C.3/A/WHITE PAPERS/C.3/B/W.1-7/C.3/C/W.1-16 | https://exhibits.stanford.edu/gatt/catalog/gz851dq4417 | gz851dq4417_90190493.xml | GATT_145 | 422 | 2,940 | United Nations Nations Unies
CONFERENCE CONFERENCE E/CONF.2/C.3/B/W.4
ON DU 25 February 1948
ThADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL:ENGLISH
THIRD COMMITTEE: COMMERCIAL POLICY
DRAFT REPORT OF SUB-COMMITTEE B (PROPOSED NEW ARTICLE 18A)
1. Sub-Committee B was established at the eleventh meeting of the
Third. Committee, held on 16 December 1947, for the purpose of studying, and
making recommendations regarding the Norwegian proposal for a new Article 18A
2. Delegates of Argentina, France, Greece, India, Norwey, the Union of South
Africa, United Kingdom and Venezuela were appointed members.
3. At the first meeting Dr. J. E. Holloway (Union of South Africa) was
unanimously elected Chairman of the Sub-Committee which held four meetings.
4. The Sub-Committee discussed fully and in great detail the Norwegian
proposal (document E/CONF.2/C.3/6, page 16) as well as an alternative
proposal submitted by the United Kingdom delegation as follows:
"1. Members shall not require exports to or imports from any other
country to be shipped or insured by enterprises of any prescribed
nationality.
2. The Organization shall make an arrangement under Article 84 with
any inter-governmental organization having wide international
responsibilities in the fields referred to in paragraph 1 of this
Article, to deal with all matters relating to this Article which may
be referred to the Executive Board or the Conference under Articles 89
and 90".
5. It also had the benefit of hearing the views of representatives of
Australia, Brazil, Ireland, New Zealand, Sweden and Switzerland.
6. Since the proposed Article provided for new obligations to be assumed
by Members, the Sub-Committee was aware from the outset that a
recommendation for its adoption could only be made if substantial support
were forthcoming.
In the course of the discussion it became clear that a majority of
Members were opposed to Banking being considered in relation with any
provision of the kind under consideration. The subsequent discussion,
therefore, was mainly concerned with the principle of the proposal as
applied to Shipping and Insurance services.
7. The discussion in full Committee had disclosed an approrinately equal
division of views which proved to be accurately reflected in the composition
/ of the Sub-Committee E/CONF. 2/C.3/B/W.4
Page 2
of the Sub-Committee. In spite of all efforts to produce a solution
acceptable to the Sub-Committee, it did not succeed in effecting a
reconciliation of these views in respect of either draft under consideration.
The Sub-Committee accordingly regrets that it is unable to recommend either
the adoption or rejection of a provision dealing with the problems which
have given rise to the Norwegian proposal. |
GATT Library | nh122fg9488 | Draft Report of Sub-Committee C to Committee III | United Nations Conference on Trade and Employment, January 27, 1948 | Third Committee: Commercial Policy and Sub-Committee C: General Commercial Provisions | 27/01/1948 | official documents | E/CONF.2/C.3/C/W.18 and E/CONF.2/C.3/C/W/17-20/E/CONF.2/C.3/C/WHITE PAPERS | https://exhibits.stanford.edu/gatt/catalog/nh122fg9488 | nh122fg9488_90190516.xml | GATT_145 | 9,665 | 62,580 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.3//C/W.18
ON DU 27 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORGINAL : ENGLISH
THIRD COMMITTEE: COMMERCIAL POLICY
SUB-COMMITTEE C - CHAPTER IV, SECTION E - GENERAL COMMERCIAL PROVISIONS
DRAFT REPORT OF SUB- COMMITTEE C TO COMMERCIAL III EC Tca T4a
Chairman: Mr. C. E. MORTON (Australia)
PART I
tmentI . Appo
In its fifteenth meeting, held at the Capitolio, Havana, on
19 December 1947, Committee III appointed Sub-Committee C (E/CONF. 2/C.3/SR .15)
to deal with Section E of Chaptcer IV as ontained in the Report of the Second
(Geneva) Session of the Preparatory Committee of the United Nations Conference
on Tade and Employment (document E/PC/T/186).
2. Terms of Reference
The f olrlowingtems of reference were given to the Sub-Committee by
Committee III:
(a) to consider all proposed amendments to Section E of Chapter IV
as contained in document E/CONF.2/C.3/10 togethsuggeer with stions
made during the discussions of Committee III and any other amendments
that may be presented during the work of thmme Sub-Coittee; and
(b) to recomme nd textsof Arti-cles 32 39 which would reconcile the
arious points of view expressed.
3. Composition
The representatives of the following countries were elected membersof
the Sub-Committee: Afghanistan,n , , ArgenAustralia, Canada, Cuba, France,
Lebxanon,Nethe Meidc,o, rlans Norway, Pakistana, Portugl, Unitem,d Kingdo
United St Uruguay.ates and
After the first two meetings the representative of Norway renounced his
hmembership of te Sub-Committee and the representative of the Union of
Souath Afric was elected to membership of the Sub-Committee.
Thmme Sub-Coittee unanimously elected at its first meeting.
Mr. C. E. Morton (Australia) as itas Chairmn.
4. Attendance . -
A number ogff representatives of eleg&ons who were not members 'ohe-.
Submmittee attended as observers and in many cases took part in the.
/discussions E/CONF. 2/C. 3/C/W.18
Page 2
discussions on particular amendments for which they were primarily
responsible or in which they had special interest. A representative of the
International Monetary Fund and of the Statistical Office of the United
Nations also participated in the work of the Sub-Committee.
5. Working Parties
The Sub-Committee appointed the following Working Parties to deal with
special points which emerged during the discussions:
Working Party I - composed of the representatives of Australia, Brazil,
Cuba, Lebanon, Netherlands, United Kingdom and United States, to
consider Article 33.
Working Party II - composed of the representatives of France,
United Kingdom, United States and Uruguay, to consider paragraph 3
of Article 34.
Working Party III - composed of the representatives of Australia,
Haiti, Lebanon, Peru, United Kingdom and the United States, to
consider paragraph 1 of Article 35.
Working Party IV - composed of the representatives of Afghanistan,
Australia, France, Lebanon, Pakistan, United Kingdom and the
United States to consider an amendment calling for study directed
towards improvement of transport facilities for traffic in transit.
Working Party V - composed of the representatives of Australia, Cuba,
France, United Kingdom and the United States to consider an
amendment concerning the usage of regional and geographical names
for purposes of tariff classification.
Working Party VI - composed of the representatives of Australia,
Norway, United Kingdom, United States and of the Statistical Office
of the United Nations, to consider a redraft of Article 38.
These Working Parties, together with several Drafting Groups which were
concerned with the improvement of the text of several Articles, greatly
facilitated the work of the Sub-Committee; their comprehensive reports proved
an excellent help towards. speeding up the progress of the discussions.
6. Meetings
The Sub-Committee held nineteen meetings. thanks to the spirit of
co-operation among its members, the Sub-Committee reached agreement on the
great majority of matters discussed. This co-operation also enabled the
Sub-Committee to complete its work within a relatively short space of time..
7. Secretariat
The Sub-Committee in general, and the Chairman in particular, wish to
place on record their appreciation of the courteous, diligent and efficient
manner in which the Secretariat has at all times performed its duties and
/which has E/CONF. 2/C. 3/C/W.18
Page 3
which has been in no small measure responsible for the early conclusion of
Sub-Committee's tasks.
8. Interpretative Notes to the Charter
The Sub-Committee was aware of the decision of the General Committee of
the Conference to eliminate whenever possible the Interpretative Notes
appended to the Geneva Draft. The Sub-Committee could not fail to recognize
however, the special character of the Articles of Section E of Chapter IV in
regard to which may specific provisions of an administrative and/or
procedural nature, rather than principles of commercial policy, required
recognition.
It was therefore considered desirable to retain certain lnterpretative
Notes as such in a number of cases where the content of the Note could not
readily be incorporated in the text of the Article without rendering the
text unduly cumbersome. As a result of discussions and recommendations of
Working Parties certain additional Notes are presented for acceptance of
Committee III, although certain Notes appearing to the Geneva text have been
deleted.
The Sub-Committee did not consider the question of the manner in which
the Interpretative Notes should be appended to the Charter.
9. Report -
Oan behlfSsubC- he oeemmitt the Chairman has the honour to present
the Report of omSub-Cmittee C to Committee III as contained in this document
wit recorh thammenation:
Cothmmiee IIttat pprove the revised texts of the Articles of
Section E of Cphater IV as set forth in Part III as well as the
Interpretative Notes thereof.
/PART II E/CONF.2/C.3/C/W.18
Page 4
PART II
Part II of this Report contains the conclusions reached by the
Sub-Committee in respect of each of the Articles 32 - 39 inclusive of the
Geneva Charter. Amendments and suggestions proposed in connection with
these Articles are contained in documents E/CONF.2/C.3/10; E/CONF.2/C.3/10/
Add.1 and 2; E/CONF.2/C.3/10/Corr.l; E/CONF.2/C.3/10/Add.3 and 4; and
E/CONF. 2/C .3/10/Add. 3/Rev. 1.
Thorough consideration was given to all amendments and suggestions
submitted and reference to them will be found in this Report. No mention
has been made of proposals which were withdrawn before consideration by
the Sub-Committee.
A revised draft of Articles 32 to 39 of the Geneva Report, as the
Sub-Committee recommends them for this approval, is given in Part III, with
proposed deletions in square brackets and proposed additions underlined.
/ARTICLE 32 E/CONF. 2/C. 3/C/W. 18
Page 5.
ARTICLE 32
Freedom of Transit
The proposals and suggestions submitted in connection with this
Article are contained in Items 1 to 9 of document E/CONF.2/C.3/10. All were
thoroughly discussed by the Sub-Committee.
The proposal of Argentina (Item 2) that the phrase "and also vessels
and other means of transport" be deleted from lines 1 and 2 of paragraph 1
found no support in the. Sub-Committee.
To meet the proposal of Afghanistan (Item 3) a note to paragraph 1 was
appended in order to clarify the in-transit status of goods which were
assembled, or disassembled, or reassembled in the transit country solely
for convenience of transport.
At the suggestion of the representative of Chile the Sub-Committee
agreed to state in its report that a movement of goods between two points
in the same country over a route passing through another country was clearly
"in-tranait" through the other country within the meaning of paragraph 1.
The proposal of the representative of Argentina (Item 4) to delete
paragraph 2 received no support in the Sub-Committee.
The proposal of the representative of Chile (Item 5 as modified orally)
.that a note be appended to paragraph 2 to the effect that this Article does not
preclude agreements between neighboring countries, for the regulation of
transit in respect of their own trade was not approved because such agreements
are clearly permissible under the terms of the Article if they do not
prejudice the interests of other Members in violation of the m-f-n provisions
of the Charter, and if they do not limit freedom of transit for other Members.
The representative of Chile reserved his position.
At the suggestion of the representative of Czechoslovakia and on the
recommendation of a Working Party, the Sub-Committee approved the deletion of
.the Note appended to paragraph 5 of the, Geneva Draft (Item 6). It was agreed
that a new paragraph should be added to the Article to state that
transportation charges on traffic in transit did not come within the purview
of Article 32, but were subject to the provisions of paragraph 2 of
Article 18 of the Geneva Draft. This would require the deletion of the
words "for transportation or those" from the third line from the end of
paragraph 3 of Article 32. Any subsequent amendment of substance in
Article 18 may necessitate a revision of the text of this paragraph.
The proposal of the representative of France (Item 7) to delete the
provision in paragraph 6 that requirements of "direct consignment" should be
limited to those existing on the day of signature of the Charter and requisite
/to eligibility E/CONF. 2/C. 3/C/W. 18
Page 6
to eligibility for entry at preferential rates of duty, or related to the
Member's system of valuation for duty purposes did not receive any support
in the Sub-Committee. A further proposal of the representative of France
that the continuance of a Member's requirement of "direct consignment" for
exemption from surtaxes likewise received no support. The representative
of France reserved his position on these matters.
The proposal of Afghanistan (Item 46, originally made with reference
to Article 35) was regarded as appropriate for adoption with some modification,
but was considered to be more pertinent to Article 32. On the recommendation
of a Working Party to the Sub-Committee approved the inclusion in Article 32
of a new paragraph which specifically authorizes the Organization to make
studies and recommendations and promote international agreement concerning
measures designed to further the broad objectives of the freedom-of-transit
provisions of the Charter, and under which Members agree to co-operate with
each other directly and through the Organization to this end.
There is no doubt that the general functions of the Organization as
set forth in iArticle 69 are sufficiently broad to authorize the action
contemplated be the new paragraph but the Sub-Committee felt, in view of
the great importance of this matter to many countries, particularly to those
countries which have no direct access to the sea, that it was desirable to
make specific provision for the matter, as has been done with regard to other
matters of outstanding importance in other Articles of the Charter.
While the implementation of the provisions of this paragraph must be
left to the Organization and to the Members directly concerned, it is the
Sub-Committee's understanding that these provisions would afford a specific
basis for studies and recommendations by the Organization, and for one Member
to seek the co-operation of another concerning measures to facilitate "traffic
in transit" generally, and with regard to possible special arrangements for
transit to and, froma countries which do not have direct access to the sea.
The Sub-Committee believes that, in the case of such countries, special
arrangements regarding transport, loading and unloading, storage and
warehousing et cetera may be necessary to enable such countries fully to
participate in and promote the expansion of international trade envisaged by
the Charter.
/ARTICLE 33 .E/CONF. 2/C. 3/C/w. 18
Page 7
ARTICLE 33
Anti-dumping and Countervailing Duties
This Article and the proposals to amend its content (E/CONF.2/C.3/10,
Items 10 and 25) developed considerable discussion in the Sub-Committee as
a result of a wide divergency of views amongst Members as to the means
requisite to afford protection against dumping.
At one end of the range of views certain countries believed that the
primary object of the Article should be to restrict abuses and evasion of
commitments by Members under the guise of measures against dumping or
subsidization. At the opposite end, other countries (Items 10-15) proposed
that the Article should be expanded to include a condemnation of dumping and
to cover forms of dumping other than the injurious sale of merchandise for
export at less than its normal value; it was sought in the Charter to include
an express.authorization for any I'ember to combat all forms of dumping and
subsidization by any measures the Member should see fit to adopt.
The various proposals were thoroughly discussed and statements by
representatives of countries not Members of the Sub-Committee were taken
into account. All proposals and suggestions were referred to a Working Party
whose first report led to further discussion in the Sub-Committee with the
view to arriving at a compromise. The matter was then referred to an
enlarged Working Party for further consideration.
The Working Party finally produced a compromise text which was approved
by all Members of the Sub-Committee except the representative of Argentina,
who reserved his position. The text of the two reports issued by the
Working Party has been circulated as document E/CONF.2/C.3/C/18. The
representative of Czechoslovakia, whose delegation was not represented on
the Sub-Committee, indicated that he was not fully satisfied with the
compromise achieved.
It was however the general view of the Sub-Committee that the point
of chief concern to Czechoslovakia and some other countries (i.e. adequate
means for dealing with abuses by a Member unnecessarily levying anti-dumping
or countervailing duties) was adequately covered by the general provisions
of the Charter, particularly by Article 89 of the Geneva Draft.
The Article as agreed to by the Sub-Committee condemne injurious "price
dumping" as defined therein and does not relate to other types of dumping.
The Sub-Committee desires it to be understood that, where the word
"industry" is used in the Article, it includes such activities as agriculture,
forestry, mining, etc., as well as manufacturing.
/The Sub-Committee E/CONF.2/C.3/C W.18
Page 8
The Sub-Committee agreed to the deletion of paragraph 6 of the
Geneva Draft which expressly prohibited the use of measures other than
anti-dumping or countervailing duties against dumping or subsidization. It
did so with the definite understanding that measures other than compensatory
anti-dumping or countervailing duties may not be applied to counteract
dumping on subsidization except in so far as such other measures are
permitted under other provisions of the Charter.
The Interpretative Note to paragraph 1 was revised to clarify the basis
for calculating the "margin of dumping" in cases within its purview and to
conform in certain other respects to the corresponding Note in the General
Agreement on Tariffs and Trade.
It was agreed that a new Interpretative Note should be appended to
paragraph 2 to answer any doubt that a Member could require security for
the "payment of anti-dumping or countervailing duty pending final
determination of the facts in cases of suspected dumping or subsidization".
/ARTICLE 34 E/CONF. 2/C. 3/C/W 18
Page 9
ARTICLE 34
Valuation for Customs Purposes
The Sub-Committee found very little to change in this Article. It
agreed that it would not be feasible now or in the reasonably near future to
fix a specific time limit for compliance with paragraph 2, and that the
expression "at the earliest practicable date" sufficienctly and correctly
expresses the time for compliance. It was of the opinion further that the
Interpretative Note to paragraph 2 of the Geneva Draft (Item 26) was
unnecessary and should be omitted.
To meet the purpose of an amendment proposed by Argentina (Item 27)
it was agreed that words should be inserted in paragraph 2 to make it clear
that a Member need respond to a request for a review of it.3 customs
valuation procedures only if such request is made by another Member directly
affected by such procedures.,
During the discussions of the proposals of Uruguay and Chile (items 28
and 29) it was revealed that in certain countries it has been the practice
to apply ad valorem tariffs to established values of goods which remain
fixed for various periods of time. it was agreed that, in such cases, the
ad valorem rates are, in practical result, full equivalents of specific
duties so long as the established values of goods are not changed. It was
agreed that a Note recognizing this fact should be appended to paragraph 3.
However, it was agreed (the representative of Chile, non-member of
the Sub-Committee reserving his position) that it would not, and should not
be compatible with the letter or spirit of Article 34 to accept the principle
of variable schedules of "fixed values" for products subject to ad valorem
rates of duty.
The Sub-Committee adopted the substance of a proposal of Uruguay (Item 30)
and it was agreed that the first paragraph of the Note to paragraph 3 of
the Geneva Draft should be amended as to provide expressly for the
presumption that contract prices would represent 'actual value' in the case
of government contracts in respect of primary products.
The proposal of the delegation of Argentina (Item 35) that paragraph 5
be deleted found no support in the Sub-Committee. The Sub-Committee agreed
to accept the substance of the proposal of Uruguay (Item 36), and an
Interpretative Note was appended to paragraph 5 stating that if compliance
with that paragraph would result in decreases of anounts of duty payable,
the Member concerned was allowed a reasonable time to obtain adjustment of
any international agreement which bound rates of duty.
/In order to E/CONF. 2/C. 3/C/W.18
Page 10
In order to improve the understanding of peragraph 5, sub-paragraph (d)
of that paragraph was set up as a special paragraph,.
/ARTICLE 35 E/CONF.2/C.3/C/W 18
Page 11
ARTICLE 35
Formalities Connected with Importation and Exportation
The amendments and suggestions to article 35 are contained in Items 38
to 47 of document E/CONF.2/C.3/10 and document E/CONF.2/C.3/10/Add.l and 2.
They were all thoroughly discussed and partly referred to Working Parties
which reported on them to the Sub-Committee.
The discussion of amandmente proposed by Argentina, Turkey and Peru
(Items 38, 39, 43 and.E/CONF.2/C.3/10/Add.2). revealed that the intended
scope of this Article was not clearly indicated in the Geneva Dryft. Particular
difficulty was occasioned by a distinction observed in the Spanish translation
of certain types of governmental charges. It was accordingly agreed that
paragraph I should be revised and care should be taken in the translations to
show definitely that this Article relates to all payments of any character
required by a Member on or in connection with importation or exportation,
other than import and export duties, and other than taxes within the purview
of Article 18 of the Geneva Draft.
The representative of Haiti, who appeared as an observer, stated that
the resultant change in the Article did not meet the purpose of his proposal
(E/CONF.2/C.3/l0/Add) and he therefore reserved his position.
The representative. of.Chile, likewise present as an observer, also
reserved his position.
In this connection. the Sub-Committee was of the unanimous opinion that
although Article 35 established the principle that fees and charges of the
types therein covered should not represent any taxation on imports or exports
for fiscal or protective purposes, adequate provision was made in other parts
of .the Charter for the raising of revenue by means of duties on imports and
exports or by non-discriminatory internal taxes collected on imports at the
time of importation.
At the suggestion of the representative of Argentina it was agreed that
sub-paragraph 2 should be amended to show clearly that a Member would be
obliged to undertake the review of their laws and regulations only if
requested.to do so by another Member directly affected..
The Sub-Committee adopted the substance of the proposal of the delegation
of Uruguay (Item 42) by agreement that an express authorization should be
included in paragraph 3 of the Geneva Draft for studies and recommendations.
by the Organization in relation to Customs requirements in respect of
advertising matter and samples for use. only in taking orders for merchandise.
/At the joint E/CONF 2/C. 3/C/W.18
Page 12
At the joint instance of the representatives of Peru and the International
Monetary Fund it was agreed. that the Interpretative Note to Article 35 (Item 44)
should be emended by replacing the words "with the approval of the
International Monetary Fund" by the words "not inconsistently with the
Articles of Agreement of the International Monetary Fund", since the express
approval of the Fud was not required in all cases covered by the Note.
In view of the retention of this Note the representative of Brazil
withdrew his reservation (Item 47) concerning certain charges imposed on
the. international transfer of payments.
The proposal of Cuba to add to paragraph 1 of Article 16 of the
Geneva Draft a reference to tariff discriminations resulting from the use
of distinctive regional or geographical names in tariff descriptions was
referred by Committee III to Sub-Committee C.
Although some Members of the Sub-Committee felt that this matter was
appropriate for Article 16, there was a general agreement that the principle
of the Cuban proposal should be expressed in some Article of Chapter IV of
the Charter.
It was agreed that the principle should be stated provisionally in a
new paragraph at the end of Article 35.
At the request of the Chairman of Committee III the matter is accordingly
referred to Committee III to be considered by that Committee in the light
of any views which may be obtained later from Sub-Committee A of Committee III
on the inclusion of some similar provision in Article 16.
Although the new paragraph is limited to discrimination effected through
the use of distinctive regional or geographical names, the Sub-Committee
recognizes that discrimination against the products of Member countries by
tariff descriptions can occur other than by the use of distinctive regional
or geographical names. It was not considered practical at this time either
to list all the discriminatory practices or to formulate a general provision
covering them. The metter is undoubtedly one which the Organization will
study under the authority provided for elesewhere in the Charter. The
Sub-Committee desires however, to make it clear that the presence in the
Charter of a provision directed against the use of distinctive regional or
geographical names in such a manner. as to result in discrimination against.
the products of Member countries, is in no sense to be understood as implying
that other discriminatory practices in tariff descriptions are thereby
authorized.
The Sub-Committee agreed that the order of the paragraphs of Article 35
would be more systematic if paragraph 5 of the Geneva Draft were made
paragraph 3 of the Article since it relates only to the matters covered by
paragraphs 1 and 2.
/ARTICLE 36 E/CONF.2/C .3/C/w.18
Page 13
ARTIC LE 36
Marks of Origin
There were only two suggested amendments to this Article. The delegation
of Argentina proposed (Item 48, and modified orally) that paragraph 7 be
deleted, and the delegation of Chile (Item 49) proposed that paragraph 7 be
amended to include an express statement of the effect that consumers would
not be misled as to the true origin of products bearing certain types of names
if the name of the country of actual origin were to appear legibly on the label
affixed to the product.
Neither of these proposals received any support in the Sub-Committee.
The Sub-Comittee accordingly recommends that the Geneva Draft of
Article 36 be adopted without change.
The representative of Argentina reserved the position of his government.
As a result of the discussions on paragraph 7 which have taken place in
the Sub-Committee and at the request of the representative of Chile, it was
agreed that the text of paragraph 7 should not have the effect of prejudicing
the present situation as regards certain distinctive names of products,
provided always that the names affixed to the products cannot misrepresent
their true origin. This is particularly the case when the name of the
producing country is clearly indicated. It will rest with the governments
concerned to proceed to a joint examination of particular cases which might
arise if disputes occur as a result of the use of distinctive names of products
which may have lost their original significance through constant use permitted
by law in the country where they are used.
The representative of Chile maintains his reservation on this Article
pending consideration by his Government as to whether the statement by the
Sub-Committee appearing immediately above satisfies the Chilean position on
this matter.
/ARTICLE 37 E/CONF.2/C .3/C/W.18
Page 14
ARTICLE 37
Publication and Administration of Trade Regulations
The Sub-Committee considered amendments to this Article as contained in
Items 50 52 of Document E/CONF.2/C.3/10.
The proposal of Argentina (E/CONF.2/C.3/10, Item 50) to delete from
paragraph 3 (c) the provision for the right of determination by the
Organization as to whether or not a Member's procedures for review of
Administrative action comply with Charter requirements, was not supported by
any other Member of the Sub-Committee.
The proposal of New Zealand. and the United Kingdom (Items 51 and 52) to
the effect that the reference to sub-paragraph (b) at the end of paragraph 3 (c)
was erroneous and should be deleted, was adopted by the Sub-Committee. The
substance of a proposal of Uruguay (Item 37) originally proposed to Article 34,
was adopted by the Sub-Committee with some expansion of its scope and a
sentence was added to paragraph 3 (a) to require that suitable facilities to
consult with the proper Governmental Authorities should be afforded to traders
directly affected by any law, regulation, decision or ruling of a kind
described in paragraph 1.
At the suggestion of the representative of the United States it was agreed
that the word "published" at the end of paragraph 2 should be replaced by the
expression "Made public". In the opinion of the Sub-Committee this would make
clearer the intention that the term "published" appearing in the Geneva Draft
did not require the public issue of an official document, but that the effect
could also be accomplished by an official announcement made in the legislature
of the country concerned.
/ARTICLE 38 E/CONF.2/C .3/C./W.18
Page 15
ARTICLE 38
Information, Statistics and Trade Terminology
The Delegation of Norway proposed a redraft of this Article
(3/CONF.2/C.3/10/Add..3) and the Delegations of Australia (E/CONF. 2/C.3/10/Add.4!)
and. Czechoalovakia (E/CONF.2/C.3/10/Add.3/Rev.l) proposed some changes of this
redraft.
During the course of its discussions of Article 38 the Sub-Committee had
the opportunity of hearing from a representative of the Statistical Office of
the United Nations particulare of the types of activities which are being
carried out by that Office in the fields of international statistics. Members
of the Sub-Committee were impressed by the work being undertaken by the
Statistical Office with the object of providing an international centre for'
statistics and avoiding duplication of demands for statistical information
made on countries by various Specialized Agencies of the United Nations. They
were also impressed with the need for the Organization to collaborate with
the United Nations and other Intergovernmental Agencies in ensuring that the
statistics of external trade of Membere are available in a form that will
enable the statistical information to fit into the general pattern of
international statistics. They accordingly considered it important that
contact be established as early as possible between the Organization and. the
United Nations (Economic and Social Council) with a view to suitable
arrangements being made for co-operation in the fields related to international
statistics.
The Sub-Committee agreed that the Organization has an obligation to
satisfy itself that the statistical information it requires (other than that
referred to in paragraph 1 of the Article) cannot be obtained from other
inter-governmental organizations before requesting such information from
Members.
The Sub-Committee considered the inter-relation of paragraphs 4 and 7 of
the Geneva draft and agreed that paragraph 4 relates to the obligation of
Members to give careful consideration to recommendations made to them by the
Organization, while paragraph 7, on the other hand provides for the
Organization to co-operate in studies and make consequent recommendations to
Members.
In view of the opinions expressed by the Sub-Committee the representative
of Norway withdrew his amendment.
/ARTICLE 39 E/CONF.2/C..3/C/W.18
Page 16
ARTICLE 39
Boycotts
The representative of the United States stated during the discussions
that the ancestor of this Article (Article 17 of the suggested Draft Charter)
was designed to preclude "Buy National Goods" measures and campaigns by Members
on the ground that they were detrimental to the expansion of international
trade.. He further stated that, since there was no agreement at London or later
for any such provisions in the Charter, and since Article 39 of the Geneva
Draft related only to the trade of individual countries and not to any matter
likely to affect the total of external trade, the United States delegation
proposed that this Article be deleted in its entirety and that its subject
matter be omitted from the Charter.
There was unanimus agreement in the Sub-Committee that the matters
covered by Article 39 were not appropriate for inclusion in the Charter and
that this Article should be deleted.
PART III E/CONF.2/C.3/C /W.l8
Page 17
PART III
ARTICLE 32
Freedom of Transit
1. Goods (including baggage), and also vessels and other means of transport,
shall be deemed to be in transit across the territory of a Member, when the
passage across such territory with or without trans-shipment, warehousing,
breaking bulk, or change in the mode of transport, is only a portion of a
complete journey beginning and terminating beyond the frontier of the Member
across whose territory the traffic passes. Traffic of this nature is termed
in this Article "traffic in transit".
2. There shall be freedom of transit through each Member country via the
routes most convenient for international transit for traffic in transit to or
from other Member countries. No distinction shall be made which is based on
the flag of vessels, the place. of origin, departure, entry, exit or destination,
or on any circumstances relating to the ownership of goods, of vessels or of
other means of transport.
3. Any Member may require that traffic in transit through its territory be
entered at the proper customs house, but, except in cases of failure to comply
with applicable customs laws and regulations, such traffic coming from or
going to other Member countries shall not be subject to any unnecessary delays
or restrictions and shall be exempt from customs duties and from all transit
duties or other charges imposed in respect of transit, except charges [for
transportation or those] commensurate with administrative expenses entailed
by transit or with the cost of services rendered.
4. All charges and regulations imposed by Members on traffic in transit to
or from other Member countries shall be reasonable, having regard to the
conditions of the traffic.
5. With respect to all charges, regulations and formalities in connection
with transit, each Member shall accord to traffic in transit to or from any
other Member country treatment no less favourable than the treatment accorded
to traffic in transit to or from any third country.
6. Each Member shall accord to products which have been intransit through
any other Member country treatment no less favourable than that which would
have been accorded to such products had they been transported from their place
of origin to their destination without going through such other Member country.
Any Member shall, however, be free to maintain its requirements of direct
consignment existing on the day of the signature of this Charter, in respect of
/any goods in E/CONF.2/C.3/C/W.18
Page 18
any goods in regard to which such direct consignment is a requisite condition
of eligibility for entry of the goods at preferential rates of duty or has
relation to the Member's prescribed method of valuation for duty purposes.
7. The provisions of this Article shall not apply to the operation of
aircraft in transit, but shall apply to air transit of goods (including baggage)
Transportation: charges on traffic in transit shall not be considered as
falling within the purview of this Article but shall be subject to the
provisions of paragraph 2 of Article 18.
9. The Organization may undertake studies, make recommendations and promote
international agreement relating to the simplification of customs regulations
concerning traffic in transit, the equitable use of facilities required for
such transit and other measures designed to promote the objectives of this
Article. Members shall co-operate 'with each other directly and through the
Organization to this end.
NOTES
[the Chilean delegation maintained, for the time being, the view that
Article 32 should be confined to goods only, in which case the words "and also
vessels end other means of transport" in paragraph 1 should: be deleted, end
in consequence reserved its position.]
Paragraph 1
The assembly of vehicles and mobile machinery arriving in a knocked-down
condition or the disassembly (or disassembly and subsequent reassembly) of
bulky articles shall not be held to render the passage of such goods outside
the scope of "traffic in transit" it being understood that a such operation
is undertaken solely for convenience of transport.
[paragraph 5
With regard to transport charges, the principle of paragraph 5 refers
to like products being transported on the same route under like conditions.]
/ARTICLE 33 E/CONF.2/C.3/C/W. 18
Page 19
ARTICLE 33
Anti-dumping and Coutervailing Duties
1. [No anti-dumping duty shall be levied on any product of any Member
country imported into any other Member country in excess of an amount equal
to the margin of dumping under which such product is being imported.] The.
Members recognize that dumping, by which products of one country are
introduced into the commerce of another country at less then the normal value
of the products, is to be condemned if it causes or threatens material injury
to an established industry in a Member country or materially retards the
establishment of a domestic industry. For the purposes of this Article, [the
margin of dumping shall be understood to mean the amount by which ] a product
is to be considered as being introduced into the commerce of an importing
country at less than its normal value if the price of the product exported
from one country to another
(a) is less than the comparable price, in the ordinary course of
trade, for the like product when destined for consumption in the
exporting country, or,
(b) in the absence of such domestic price, is less than either
(i) the highest comparable price for the like product for
export to any third country in the ordinary course of
trade, or
(ii) the cost of production of the product in the country of
origin plus a reasonable addition for selling cost and
profit.
Due allowance shall be made in each case for differences in conditions
and terms of sale, for differences in taxation, and for other differences
affecting price comparability.
2. In order to offset or prevent dumping, a Member my levy on any dumped
product an anti-dumping duty not greater in amount than the margin of
dumping in respect of such product. For the purposes of this Article, the
margin of dumping is the price difference determined in accordance with the
provisions of paragraph 1 of this Article.
[2.] 3. No countervailing duty shall be levied on any product of any
Member country imported into another Member country in excess of an amount
equal to the estimated bounty or subsidy determined to have been granted,
directly or indirectly, on the manufacture, production or export of such
product in the country of origin or exportation, including any special subsidy
to the transportation of a particular product. The term "countervailing duty"
/shall be E/CONF,2/C.3/C/W.18
Page 20
shall be understood to mean a special duty levied for the purpose of offsetting
any bounty or subsidy bestowed, directly or indirectly, upon the manufacture,
production or exportation of any merchandise.
[3.] 4. No product of any Member country imported into any other Member
country shall be subject to anti-dumping or countervailing duty by reason of
the exemption of such product from duties or taxes borne by the like product
when destined for consumption in the country of origin or exportation, or by
reason of the refund of such duties or taxes.
[4.] 5. No product of any Member country imported into any other Member
country shall be subject to both anti-dumping and countervailing duties to
compensate for the same situation of dumping or export subsidization.
[5.] 6. No Member shall levy any anti-dumping or countervailing duty on the
importation of any product of another Member country unless it determines the
the effect of the dumping or subsidization, as the case may be, is such as
to cause or threaten material injury to an established domestic industry, or
is such as to [prevent or. materially] retard materially the establishment of
a domestic industry. The Organization may waive the requirements of this
paragraph so as to permit a Member to levy na anti-dumping duty or
countervailing duty on the importation of any product for the purpose of
offsetting dumping or subsidization which causes or threatens material injury
to an industry in another Member country exporting the product concerned to
the importing Member country. It is recognized that the importation of
products exported under a stabilization system determined to have conformed
to the conditions prescribed in Article 27 would not result in material
injury under the terms of this paragraph.
[6.No measure other than anti-dumping or countervailing duties shall be
applied by any Member in respect of any product of any other.Member country
for the purpose of offsetting dumping or subsidization.]
NOTES
[The delegations of Cuba and Lebanon would have preferred to introduce
the Article by an express statement of condemnation of dumping.]
Paragraph 1
Hidden dumping by associated houses (that is, the sale by [the importers]
an importer, at a price below that corresponding to the price invoiced by [the]
an exporter with [which] whom the importer is associated, and also below the
price in the exporting country) constitutes a form of price dumping in which
the margin of dumping may be calculated on the basis of the price at which
the goods are resold by the importer.
/Paragraph 2 E/CONF.2/C.3/C/W.18
Page 21
Paragraph 2
As in many other ceses in customs administration, a Member may require
reasonable security (bond or cash deposit) for the payment of anti-dumping or
countervailing duty pending final determination of the facts in any case of
suspected dumping or subsidization.
Paragraph [2] .3.
Multiple currency.practicy may in cortain circumstances constitute a
subsidy to exports which can be. met by countervailing duties under
paragraph [2] 3 or may constitute a form of dumping by means of a partial
depreciation of.country's currency which can be met by action under
paragraph [1] 2 of this Article. By "multiple currency. practices" is meant
practices by governments or sanctioned by governments.
[Paragraph 5
The delegations of Belgium-Luxembourg, Czechoslovakia, France and the
Netherlands expressed the. fear that abuses might be committed under cover
of the provisions of paragraph 5 regarding the. threat of injury, of which
a State might take advantage on the pretext that it intended establish
some new domestic industry in the more or less distant future. It is
considered, however, that, if such abuses were committed, the general
provisions of the Charter would be adequate to deal with them.]
[paragraph 6
The addition of this paragraph was opposed by the delegations of
China and India.
The obligations set forth in paragraph 6 are, as in the case of all
other obligations under Chapter IV, subject to the provisions of Article 40.]
/ARTICLE 34 E/CONF.2/C.3/C/W.18
Page 22
ARTICLE 34
Valuation for Customs Purposes
1. The Members shall work toward the standardization as far aa practicable,
of definitions of value and of procedures for determining the value of
products subject to customs duties or other charges or restrictions based
upon or regulated in any manner by value. With a view to furthering such
co-operation, the Organization may study and recommend to Members such bases
and methods-for determining value for customs purposes as would appear best
suited to the needs of commerce and most capable of general adoption.
2. The Members recognize the validity of the general principles of valuation
set forth in paragraphs 3, 4 and 5 of this Article, and they undertake to
give effect to such principles, in respect of all products subject to duties
or other charges or restrictions on importation and exportation based upon or
regulated in any manner by value, at the earliest practicable date. Moreover.
they shall, upon a request by another Member directly affected, review the
operation of any of their laws or regulations relating to value for customs
purposes in the light of these principles. The Organization may request
from Members reports on steps taken by them in pursuance of the provisions
of this Article.
3. (a) The value for customs purposes of imported merchandise should be
based on the actual value of the imported merchandise on which duty
is assessed or of like merchandise, and should not be based on the
value of merchandise of national origin or on arbitrary or fictitious
values.
(b) "'Actual value" should be the price at which at a time and place.
determined. by the legislation of the country of importaticn and in the
ordinary course of trade, such or like merchandise is sold or offered
for sale under fully competitive conditions. To the extent to which
the price of such or like merchandise is governed by the quantity in
a particular transaction, the price to be considered should uniformly
be related to either (a) comparable quantities, or (ii) quantities
not less favourable to importers than those in which the greater volume
of the merchandise is sold in the trade between the countries of
exportation and importation.
(c) When the actual value is not ascertainable in accordance with
sub-paragraph (b) of this paragraph, the value for customs purposes
should be based on the nearest ascertainable equivalent of such value.
4. The value for customs purposes of any imported product should not
include the amount of any internal tax applicable within the country of
origin or export, from which the imported product has been exempted. or
has been or will be relieved by means of refund.
/5. (a) Except as E/CONF.2/C.3/C/W.18
Page 23
5. (a) Except as otherwise provided in this paragraph, where it is
necessary for the purpose of paragraph 3 for a Member to convert into
its own currency a price expressed in the currency of another country,
the conversion rate of exchange to be used shall be based on the par
values of the currencies involved as established pursuant to the
Articles of Agreement of the International Monetary Fund or by
special exchange agreements entered into pursuant to Article 24 of
this Chapter.
(b) Where no such par value has been established, the conversion rate
shell reflect effectively the current value of such currency in
commercial transactions.
(c) The Organization, in agreement with the International Monetary
Fund, shall formulate rules governing the conversion by Members of
any . foreign currency in respect of which multiple rates of exchange
are maintained consistently with the Articles of Agreement of the
International Monetary Fund. Any Member may apply such rules in
respect of such foreign currencies for the purposes of paragraph 3 of
this Article as an alternative to the use of par values. Until
such rules are adopted by the Organization, any Member may employ in
respect of any such foreign currency rules of conversion for the
purposes of paragraph 3 of this Article which are designed to reflect
effectively the value of such foreign currency in commercial
transactions.
[(a)] 6. Nothing in this [paragraph] Article shall be construed to
require any Member to alter the method of converting currencies for
customs purposes, which is applicable in its territory on the day of
the signature of this Charter, if such alteration would have the
effect of increasing generally the amounts of duty payable.
[6.]7. The bases and methods for determining the value of products subject
to duties or other charges or restrictions based upon or regulated in any
ranner by value should be stable and should be given sufficient publicity
to enable traders to estimate, with a reasonable degree of certainty, the
value for customs purposes.
NOTES
[/paragraph 2.
The Preparatoiy Cmmittee considered the desirability of replacing the
words "at the earliest practicable date" by a definite date or, alternatively,
by a provision for a specified limited period to be fixed later. The
Committee appreciated that it would not be possible for all Members to give
effect to these principles by a fixed time, but it was nevertheless understood
that a majority of the Members would give effect to them at the time the
/Charter enters E/CONF.2/C. 3/C/W.18
Page 24
Charter enters into force.]
Paragraph 3 (b)
(i) It would be in conformity wIth Article 34 to presume that
"actual value" my be represented by the invoice price
(in the case of government contracts in respect of primary
prducts, the contract price), plus any non-included charges
for legitimate costs which are proper elements of "actual
value" and. plus any abnormal discount or other reduction
from the ordinary competitive price.
(ii) If on the date of signature of this Charter a Meber has in
force a system of applying ad valorem rates of duty to
established values wich remain fixed for a period of time,
the provisions of this Article requiring the determination of
actual value shall not apply so long as the value established
for a particular product remains unchanged.
(iii) It would be in conformity with sub-paragraph 3(b), for a
Member to construe the phrase "in the ordinary course of
trade", read in conjunction with "under fully competitive
condition", as excluding any transaction wherein the buyer
and seller are not independent of each other and. price is
not the sole consideration.
(iv) The prescribed standard of "fully competitive conditions"
permits Members to exclude from consideration distributors'
prices which involve special discounts limited to exclusive
agents.
(v) The wording of sub-paragraphs (a) and (b) of paragraph 3 permit
a Member to assess duty uniformly either (1) on the basis of
a particular exporter's prices of the imported merchandise,
or (2) on the basis of the general price level of like
merchandise.
[The delegation of Chile reserved its position for the time being.].
Paragraph 5.
If compliance vith paragraph 5 would result in decreases in amounts of
duty payable on products with respect to which the rates of duty have been
bound by an international agreement, the term "at the earliest practicable
date" in paragraph 2 al lows the Member concerned a reasonable time to obtain
adjustment of the agreement.
/ARTICLE 35 E/CONF.2 /C .3 /W.18
Page 25
ARTICLE 35
Formalities connected with Importation and Exportation
1.The Members recognize that all fees and charges [other than duties.] of
whatever charactar (other than import and exports. duties and other than taxes
within the purview of Article 18) imposed by governmental authorities on or in
connection with importation or exportation should be limited in amount to the
approximate cost of services rendered and should not represent an indirect
protection to domestic products or a taxation of imports or exports for fiscal
purpoes. The Members also recognize the need for reducing the number and
diversity of such fees and charges, for minimizing the incidence and
complexnty of import and export formalities, and for decreasing and simlifying
import and export documentation requirements.
2. The Members shall take action in accordance with the principles of
objectives of paragraph 1 of this Article at the earliest practicable date.
Moreover, they shall, upon request by another Member directly affected, review
the operation of any of their laws and regulations in the light of these
principles.The Organization may request from Members reports on steps taken
by them in pursuance of the provisions of this paragraph.
[5.] 3. The provisions of paragraphs 1 and 2 of this Article shall extend
to fees, charges, formalities and requirements imposed by governmental
authorities in connection with importation and exportation, including those
relating to:
(a) consular transactions, such as consular invoices and
certificates;
(b) quantitative restrictions;
(c) licensing;
(d) exchange control;
(e) statistical services;
(f) documents, documentation and certification;
(g) analysis and inspection; and
(h) quarantine, sanitation and fumigation.
[3.] 4. The Organization may study and recommend to Members specific measures
for the simplification and standardization of customs formalities and
techniques and for the elimination of unnecessary customs requirements,
including those relating to advertising matters and samples for use only in
taking orders for merchandise.
[4.] 5. No Member shall impose substantial penalties for minor breaches
of customs regulations or procedural. requirements. In particular, no penalty
/in respect of any E/CONF.2/C.3/C/W.18
Page 26
in respect of any omission br mistake in customs documentation which is
easily rectifiable and obviously made without fraudulent intent or gross
negligence shall be greater than necessary to serve morely as a warning.
6. The Members recognize that tariff descriptions based on distinctive
regional or geographical names should not be used in such a manner as to
discriminate against products of member countries. Accordingly, the Members
shall co-operate with each other and through the Organization with a view to
eliminating at the earliest practicable date practices which are inconsistent
With this principle. (Note: Paragraph 6 as appearing above will not be
included in Article, 35 if the substance of the paragraph is later incorporated
in Article 16.)
NOTES
Paragraph [5.] 3
While Article 35 does not cover the use of multiple rates of exchange
as such, paragraphs 1 and [5] 3 condemn the use of exchange taxes or fees
as a device for implementing multiple currency practices; if, however, a
Member is using multiple currency exchange fees for balance of payments
reasons not inconsistently with the Articles off Agreement of the International
Monetary Fund the provisions of paragraph 2 fully safeguard its position
since that paragraph merely requires that the fees be eliminated at the
earliest practicable date.
/ARTICLE 36 E/CONF.2/C.3/C.18
Page 27
ARTICLE 36
Marks of Origin
1. The Members recognize that in adopting and implementing .Iaks and
regulations relating to marks of origin, the difficulties and inconveniences
which such measures may cause to the commerce and industry of exporting
countries should.be reduced to a minimum.
2. Each Member shall accord to the products of each other Member country
treatment with regard to marking requirements no less favourable than the
treatment accorded to like products of any third country.
3, Whenever administratively practicable Members should permit required
marks of origin to be affixed to the time of importation.
4. The laws and regulations of Members relating to the marking of imported
products shall be such as to permit compliance without seriously damaging
the products, or materially reducing their value, or unreasonably increasing
their cost.
5. The Members agree to work in co-operation through the Organization
towards the early elimination of unnecessary marking requirements., The
Organization may. study and recommend to Members measures directed to this
end, including the adoption of schedules of general. categories or products,
in respect of which marking requirements operate to restrict trade to, an.
extent disproportionate to any proper purpose to be served, and which shall
not in any case be required to be marked to indicate their origin.
6. As a general rule no special duty or penalty should be imposed by any
Member for failure to comply with marking requirements prior to importation
unless corrective marking is unreasonably delayed or. deceptive marks have
been affixed or the required marking has been intentionally omitted.
7.The Members shall co-operate with each other and through the Organization
Wth a view to preventing the use of trade names in such manner as to
misrepresent the true origin of a product, to the detriment of the distinctive
regional or geographical names of products of a Member country which are
protected by the-legislation of such country. Each Member shall accord full
and sympathetic consideration to such requests or representations as may
be made by any other Member regading the application of the undertaking set
forth in the preceding sentence to names or. products which have been
Communicated to it by the other Member. The Organization may recommend a
conference of interested Members on this subject.
NOTES.
[Paragraph 7
The delegation of Chile reserved its position.]
/ARTICLE 37 E/CONF.2/C .3/C/W.18
Page 28
ARTICLE 37
Publication and Adminstration of Trade Regulations
1. Laws, regulations, judicial decisions and administrative rulings of
general application made effective by any Member, pertaining to the
classification or the valuation of products for customs purposes, or to
rates of duty, taxes or other charges, or to requirements, restrictions or
prohibitions' on imports or exports or on the transfer of payments therefor,
or affecting their sale, distribution, transportation, insurance,
warehousing, inspection, exhibition, processing, mixing or other use, shall
be published promptly in such a manner as to enable governments and traders
to become acquainted with them. Agreements in force between the government
or a governmental agency of any Member country and the government or
governmental agency of any other country affecting international trade
policy shall also be published. Copies of such laws, regulations, decisions,
rulings and agreements shall be communicated promptly to the Organization.
This paragraph shall not require any Member to disclose confidential
information which would impede law enforcement, or otherwise be contrary to
the public interest or would prejudice the legitimate commercial interests
of particular enterprises, public. or private.
2. No measure of general application taken by any Member affecting an
advance in a rate of duty or other charge on imports under an established
and uniform practice or imposing a new or more burdensome requirement,
restriction or prohibition on imports, or on the transfer or payments
therefore shall be enforced before such measure has been officially
[publised] made public,
3. (a) Each Member shall administer in a uniform, impartial, and
reasonable manner all its laws, regulations, decisions and rulings of.
the kind described in paragraph 1 of this Article, Suitable facilities
shall be afforded for traders directly affected by any of those matters
to consult with the appropriate governmental authorities.
(b) Each Member shall maintain, or institute as soon as practicable
Judicial, arbitral or administrative tribunals or procedures for the
purpose, inter alia, of the prompt review and correction of
administrative action relating to customs matters. Such tribunals or.
procedures shall be independent of the agencies entrusted with
administrative enforcement and their decisions shall be implemented by
and shall govern the practice of such agencies unless an appeal is
lodged with a court or tribunal of superior jurisdiction within the
time prescribed for appeals to be lodged by importers; rovided that the
/central administration, E/CONF.2/C. 3/C /W.18
Page 29
central administration, of such agency a take steps to obtain a
review of the matter in another, proceeding if there is good cause to
believe that the decision is inconsistent with established principles
of law or the actual facts.
(c) The provisions of sub-paragraph (b) of this paragraph shall not
require the elimination or substitution of procedures in force in a
Member country on the day of the signature of this Charter which in
fact provide for an objective impartial review of administrative action
even though such procedures are not fully or formerly independent of
the agencies entrusted with administrative enforcement. Any Member
employing such procedures shall, upon request, furnish the Organization
with full information thereon in order that the Organization may
determine whether such procedures conform to the requirements of this
Sub-paragraph and those of sub-paragraph (b)].
/ARTICLE 38 E/CONF.2/C.3/C/W.18
Page 30
ARTlCLE 38
Information, Statistics and Trade Terminology
1. The Members shall communicate to the Organization, or to such agency
as may be designated for the purpose by the Organization, as promptly and
in as much detail as is reasonably practicable:
(a) statistics of their external trade in goods (imports, exports
and, where applicable, re-exports, transit and trans-shipment and
goods in warehouse or in bond);
(b) statistics of governmental revenue from import and export duties
and other taxes on goods moving in international trade and, insofar as
readily ascertainable, to subsidy payments affecting such trade.
2. So far as possible, the statistics referred to in paragraph 1 of this
Article shall be related to tariff classifications and shall be in such form
as to leveal the operation of any restrictions on importation or exportation
which are based on or regulated in any manner by quantity or value or
amounts of exchange made available,
3. The Members shall publish regularly and as promptly as possible the
statistics referred to in paragraph 1 of this Article.
4. The Members shall give careful consideration to any recommendations which
the Organization may make to them with a view to improving the statistical
information furnished under paragraph 1 of this Article.
5. The Members shall make available to the Organization, at its request
and insofar as is reasonably practicable, such other statistical information
as the Organization may deem necessary to enable it to fulfil its functions,
provided that such information is not being furnished to other
inter-governmental organizations from which the Organization can obtain the
required information.
6. The Organization shall act as a centre for the collection, exchange and
publication of statistical information of the kind referred to in paragraph 1
of this Article. The Organization, in collaboration with the Economic and
Social Council of the United Nations, and with any other organization deemed
appropriate, may engage in studies with a view to improving the methods of
collecting, analyzing and publishing economic statistics and may promote
the international, comparability of such statistics, including the possible
international adoption of standard tariff and commodity classifications.
7. The Organization, in co-operation with the other organizations referred to
in paragraph 6 of this Article, may also study the question of adopting
standards, nomenolatures, terms and forms to be used in international trade
and in the official documents and statistics of Members relating thereto, and
may 'ecommend the general acceptance by Members of such standards,
nomenclaturee, terms and forms /[ARTICLE 39 E/CONF.2/C.3/C/W.18
Page 31
[A.RTICLE 39
Boycotts
No Member shall encourage, support or participate in boycotts or other
campaigns which are designed to discourage, directly or indirectly, the
consumption within its territory of products of any specified Member country
or countries on grounds of origin, or the sale of products for consumption
within other Member countries on grounds of destination.] |
GATT Library | kz301xb2180 | Draft Report of Sub-committee E to Committee III | United Nations Conference on Trade and Employment, February 11, 1948 | Third Committee: Commercial Policy and Sub-Committee E (Articles 20 and 22) | 11/02/1948 | official documents | E/CONF.2/C.3/E/W.22 and E/CONF.2/C.3/D/W/1-13/E/CONF.2/C.3/E/W/1-23 | https://exhibits.stanford.edu/gatt/catalog/kz301xb2180 | kz301xb2180_90190557.xml | GATT_145 | 6,127 | 39,563 | RESTRICTED
United Nations Nations Unies E/CONF.2/C.3/E/W.22
CONFERENCE CONFERENCE 11 February 1948
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
THIRD COMMITTEE: COMMERRIAL POLICY
SUB-COMMITTEE E (ARTICLES 20 AND 22)
DRAFT REPORT OF SUB-COMMITTEE E TO COMMITTEE III
Chairman: Mr. J. E. HOLLOWAY (South Africa)
PART I
1. Sub-Committee E vas appointed on 30 December 1947 to examine and
submit recommendations to Committee III on all proposed amendments to
Articles 20 and 22 and was given authority to consult, if necessary, with
Sub-Committee C of Committee II on Articles 13 and 14. -
2. The Sub-Committee was composed of the delegations of Ceylon, Chile,
China, Colombfa, Fgypt, France, Ireland, Mexico, Netherlands, New Zealand,
Peru, South Africa, Sweden, the United Kingdom aad the United States.
3. The Sub-Committee at its first meeting on 5 January 1948, unanimously
elect Mr. J. E. Holloway (South Africa) as Chairman.
4. The Sub-Committee held ten meetings and established nine Working Parties
to consider particular proposals in detail. All the amendments listed in
the Annotated Agenda (reference E/CONF.2/C.3/7) were fully studied,
together with various proposals arising out of those amendments.
5. The Sub-Committee and the Working Parties enjoyed the benefit of
consultation and co-operation with the delegations of Argentina, .Australia,
Canada, Cuba, Czechoslovakia, Denmark, Greece, India, Lebanon, Norway,
Syria and Turkey.
6. On behalf of the Sub-Committee the Chairman has the honour to present
the Report of Sub-Committee E to Committee III as contained in this
document with the recommendation that Committee III approve the revised
texts of Articles 20 and 22 as set forth in Part III of this Report
together with the interpretative notes thereto. E/CONF. 2/C. 3/E/W. 22
Page 2
PART II Part II of this Report contains the conclusions reached by the
Sub-Committee in respect of Articles 20 and 22. Proposed amendments to and
reservations on the Geneva text are set forth in documents E/CONF.2/C.3/7
and E/CONF. 2/C . 3/7/Corr. 3 and Corr. 5.
A revised draft of Articles 20 and 22 is given in Part III, with proposed
deletions in square brackets and proposed additions underlined.
ARTICLE 20 - GENERAL ELIMINATION OF QUANTITATIVE RESTRICTIONS
(All References are to the Annotated Agenda
Document E/CONF.2/C.3/7 unless otherwise Specified)
General
1. The Sub-Committee cannot recommend the deletion of the Article proposed
by the delegation of Ceylon (Item 26).
The representative of Ceylon reserved his position on the Article, pending
a final settlement on the provisions of Article 13. .
Paragraph 1
2. No amendments were proposed to this paragraph.
Paragraph 2 - General
Amendment of Chile (Item 1)
Argentina (Item 2)
China and Lebanon (Item 3)
Cuba (Item 4)
Cuba (Item 51
3. The Sub-Committee discussed fully the amendments of Chile and Argentina.
A Working Party was set up and agreed on a settlement which was provision
accepted by the representative of Chile. This settlemenmet involves an amendnt
to and an interpretation of Article 21. The representative of Chile,
reserved his position on this settlement until the final texts of Articles
and 21 were known.
4. The representative of China maintained his reservation on paragraph 2 of
Analrticle. 20 until fi agreement had been reached on Article 13. The
representaotive of Lebanon (wh was not a member of the Subw-Committee) withdre
his reservation, considering that the problem of the use of quantitative
restrictions by under-developed countries should be solved under Article 13.
5. There was no support for the amendments of Cuba (Items 4 and 5). The
representative of Cmeuba (who was not a mber of the Sub-Committee) reserved
his position with regard to the latter amendment.
Paragraph 2 (a)
Amendment of Australia (Item 6)
Greece (Item 7)
/china (Item 8) E/CONF.2/C. 3/E/W. 22
Page 3
China (Item 8)
Sweden (Item 9)
Mexico (Item 10)
6. The following text is recommended to meet the amendment put forward by
the delegation of Australia:
"(a) export prohibitions or restrictions [temporarily] applied for the
period necessary to prevent or relieve critical shortages of foodstuffs
or other products essential to the exporting Member country."
7. The Sub-Committee considered the request of the delegation of Australia
that the reference to the them "critical" in the minutes of the proceedings
of Commission A in the Second Session of the Preparatory Committee (document
E./PC/T/A/PV/40 (1) pages 4, 6, 8 and 9) be concurred in by Committee II1 and
included in its minutes. The Sub-Committee unanimously concurs in the
conclusions of Commission A as set out in Geneva document and recommends to
the Committee that the Australian request be met.
8. In connection with the amendment submitted by the delegation of Greece,
the Sub-Committee felt that the position could best be met by an interpretative
footnote. It is recommended that this note should take the following form:
"In the case of products which are basic to diet in the
expo ting country and which are subject to alternate annual
shortages and surpluses, the provisions of this sub-paragraph
do not preclude such export prohibitions or restrictions as
are necessary to maintain from year to year domestic stocks
sufficient to avoid critical shortages."
9. The delegation of China withdrew this amendment, while reserving its
position should certain other provisions in the Charter be altered.
a 10. The Sub-Committee wasasAsiefied that the terms of Article 20, paragraph 2 (a)
are adequate to allow a country to impose temporary export restrictions to
meet a considerable rise idonei stic prices of foodstuffs due to a rise in
prices in other countries.I n view of this consideration the amendment of
Sweden was withdrawn.
11. The amendment of Mexico was withdrawn.
Paragraph 2 (b)
12. No amendments were propos edto this sub-paragraph.
Paragraph 2 (c). .
Amendmentof Peru (Item 11)
ONPeru(E/C0.2/C.3/E/W.5) -
Mexico (Item 12)
Norway (Ite'13) .
Uu)uay (Item 14_. .
/Eypt E/CONF.2/C . 3/E/W. 22
Page 4
Egypt (Item 15)
United Kingdom (Item 16)
Sweden (Item 17)
Ireland (Item 18)
Ireland (E/CONF. 2/C .3/E/W. 6)
Norway (Item 19)
Uruguay (Item 20)
Sweden (Item 21)
Ireland (Item 22)
Chile (Item 23)
United Kingdom (CONF. 2/C . 3/E/W. 10)
Geneva Draft Note (Item 24)
Geneva Draft Note (Item 24)
Geneva Draft Note (Item 25)
13. The Sub-Committee agreed that Article 20 (2) (c) was not intended to
provide a means of protecting domestic producers against foreign competition
but simply to permit, in appropriate cases, the enforcement of domestic
governmental measures necessitated by the special problems relating to the
production and marketing of agricultural and fisheries products.
Interpretation of the Term "restrict"
14. The Sub-Committee agreed that in interpreting the term "restrict" for
the purposes of Article 20 (2) (c) the essential point was that the measures
of domestic restriction must effectively keep domestic output below the level
which it would have attained in the absence of restrictions.
Amendments Designed to Narrow the Scope of Article 20 (2) (a)
15. The Sub-Committee cannot recommend the adoption of the amendments
proposed by Peru (Item 11), Mexico (Item 12) and Norway (Item 13).
16. The Sub-Committee discussed fully the proposals of Egypt and Peru
seeking to provide that Article 20 (2) (c) should apply only
(a) where the restrictions on domestic output were temporary (Egypt);
(b) to permit only temporary use of import restrictions (Peru);
(c) where there was a surplus of production (Egypt, supported by
Peru); or
(d) where there was notsubsidy to domestic production (Peru).
As regards (a) and (b) it was noted that the term "temporary" was_---..
difficult to define, and that the terms of Art0icle 2 (2) (c), particularly
with the additional provision of the proposed new sub-paragraph 3 (a), would
ensure that import reistrictons could be applied only for as long as they
were necessary to the enforcement of restrictions on domestic output. It
was agreed that Governments would certainly not wish to restrict domestic
/output E/CONF. 2/C. 3/E/W.22
Page 5
output of agricultural and fisheries products for any longer period than was
really necessary. The delegates of Egypt and Peru withdrew these proposals.
As regards (c), the Sub-Committee agreed that no Government would wish
to restrict domestic output except when obliged to do so by the existence
of a surplus or by a persistent tendency towards the production of a surplus;
however, to write (c) (or, indeed, (a) or (b)) into the text of the Charter
would in practice have the effect of giving the Organization the power to
determine whether and when Members could or could not institute or enforce
particular restrictions on domestic agricultural production, a condition
which governments could not reasonably be expected to accept.
As regards (d) the Sub-Committee agreed that it was not the case that
subsidies were necessarily inconsistent with restrictions of production
and that in some cases they might be necessary features of a governmental
programme for restricting production. It was recognized, on the other hand,
that there might be cases in which restrictions on domestic production were
not effectively enforced and that this, particularly in conjunction with the
application of subsidies, might lead to misuse of the provisions of
Article 20 (2) (c). The Sub-Committee agreed that Members whose interests
were seriously prejudiced by the operation of a domestic subsidy should
normally have recourse to the procedure of Article 25 and that this procedure
would be open to any member which considered that restrictions on domestic
agricultural production applied for the purposes of Article 20 (2) (c) were
being rendered ineffective by the operation of a domestic subsidy. The
essential point was that the restrictions on domestic production should be
effectively enforced and the Sub-Committee recognized that unless this
condition were fulfilled, restrictions on imports would not be warranted.
It was agreed (except by the representative of Peru who reserved his
position as regards the question of subsidies) that points (c) and (d) might
adequately be met by the insertion of "effectively" after" operate" in the
fourth line of Article 20 (2) (c) and by the provision of other suitable
safeguards for the interests of exporting countries.
Safeguards for Exporting Countries
17. The Sub-Committee gave full consideration to the question of safeguards
to prevent prejudice to the interest of exporting countries by import
restrictions imposed in consequence of restrictions on domestic output under
Article 20 (2) (c). It was agreed that the possibility that the provisions
of the Article might be misused by the imposition of restrictions on dmoestic
output which were not effectively enforced should be dealt with by the
amendments suggested in the last section of paragraph 15 above.
/18. The E/CONF. 2/C. 3/E/W. 22
Page 6
18. The Sub-Committee further noted that the provisions of Article 22, and
in particular the consultation provisions of Article 22 (4), applied to
import restrictions imposed under Article 20 (2) (c); further, that it would
be open to a Member at any time to make representations under Article 41 to
a Member applying import restrictions under Article 20 (2) (c), or to raise
under Articles 89 and 90 the question whether the governmental measures
restricting domestic output were such as to warrant the application of
import restrictions under Article 20 (2) (c).
19. It was pointed out that the sudden imposition of. import restrictions
under Article 20 (2) (c) might have serious effects on the interest of
exporting countries, and that to avoid this there should be provisions
requiring Members intending to introduce such import restrictions to give
as much advance notice as possible to exporting countries in order to afford
adequate opportunity for consultation before the import restrictions were
put into effect. It was suggested that this point might be met by the
inclusion of the provisions as to prior notice and consultations set out
in the proposed new sub-paragraph 3 (b) (see Part III).
20. It was agreed that provision should be made for the observance of secrecy
with regard to prior notice of, and consultation concerning, the proposed
introduction of restrictions if the Member proposing to introduce such
restrictions should so request.
21. It was pointed out that it was possible that import restrictions might
in certain circumstances operate so as to give undue advantage to particular
exporting countries. For example, global quotas not allocated among
supplying countries might sometimes operate in a manner unduly favourable to
those countries best able for any reason to take prompt advantage of the
global quota at the opening of the quota period; and it was agreed that
Members, in administering import restrictions, should pay due regard to the
need for avoiding such a result. It was also agreed that, in the case of
perishable commodities, due regard should be had for the special problems
affecting the trade in these commodities.
Amendments Designed to Widen the Scope of Article 20 (2) (c)
22. A majority of the Sub-Committee felt that the amendment of Ireland
(Item 22), and an amendment of Colombia providing for the use of import
restrictions to stabilize agricultural prices, provided for the use of import
restrictions on a much broader basis than that provided in the case of
restrictions under (i) of Article 20 (2)( c), and if generally applied would
widen the scope of theA rticle i n a way which would seriously endanger the
interest of agricultural exporting countries, and that the particular
difficulties of Ireland should be met by other measures. Accordingly the
/Sub-Committee E/CONF. 2/C.3/E/W. 22
Page 7
Sub-Committee is unable to recommend the adoption of these amendments.
23. The Sub-Committee discussed the amendment of Sweden (Item 21) providing
for the use of import restrictions to mitigate seasonal and short-term
fluctuations in the supply of agricultural products. After hearing a statement
by the representative of Sweden as to his Government's policy in regard to
livestock production, the Sub-Committee agreed that a number of measures that
he had described were certainly capable of being used for restricting domestic
production, and, to the extent that they were so used, would be covered by
the provisions of Article 20 (2) (c) (i). On this understanding the
representative of Sweden withdrew his amendment.
24. The Sub-Committee cannot recommend the adoption of the amendments of
Uruguay (Items, 14 and 20) and Ireland (Item 18). The amendment of Ireland
(E/CONF.2/C.3/W.6) was withdrawn.
Other Amendments . - -
25. The Sub-Committee decided that the proposal by the delegation of Norway
to substitute the word "partly" for "mainly" in Article 20 (2)(c) (iii) was
unnecessary. twas agreed that, under the existing text, in a case for
example in which a Member wished to restrict the quantities permitted to be
produced of any animal product the producti on of which was dependentwholly
or mainly on two or more imported kinds of feeding stuffs considered together
but not necessarily on either kwind cownsidenred sneparately, it ould be ope
totthat MQe to restrict. heproduction of animal products, provided that-
dom iestic production ofthemported kinds of feeding-stuffs were relatively
negli gible, by treating theimported kinds of feeding-stuffs as a single
commodity and applying import restrictions thereto. -
It was furtheragngreed that ifthe various imported feedimstuffs were
in fact treated as single commodity, import restrictions thereon should be
applied globally on the total combined imports without allocating shares to
the indivcidual feeding-stuffs. It was felt that, in ases where this
procedure would not be practicable, the import restriction should take the
form of an equalproportionate breduction in the amount permitted to '
imported o each of.he several-feeding-stuffs. -
The representatienve of ( Norw accordingly withdrew his am dent:Iem.1).
26The Sub-Committe e reed tha(t the provisions of Article 20 (2)(c)'i)
would cover arrangments under ich.te government concerned made temporary
surpluses of grain available as animal feeding-stuffs to smallholders and
similar catego,ries with a low standard of living free of charge or at prices
below the current market level. In the light of this the representative of
Swedenwithdrew the amendment(Item-7). - -
27. The f Mexio (Item 12) did not find the support of the
Sub-mmittee.
/28. The E/CONF. 2/C.3/E/W. 22
Page 8
28. The amendment of the United Kingdom (E/CONF.2/C.3/E/W.10) was withdrawn.
The Sub-Committee accepted a further United Kingdom suggestion that in order
to avoid ambiguity the words "agricultural or fisheries" should be inserted
between "domestic" and "product" at the end of sub-paragraph 2 (c) (i). The
drafting amendment of the United Kingdom (Item 16) was accepted.
29. The Sub-Committee agreed that a new sub-paragraph (3 (a) in the revised
draft of the text below) should be inserted to achieve the objectives of
the amendment of Chile (Item 23).
Paragraph 3
30. No amendments were proposed to this paragraph.
Geneva Draft Notes
31. With regard to the footnote in the Geneva text on the term "in any form"
the Sub-Committee accepted as valid the criticism put forward by the
representative of the United States that the introduction of the term
"perishable" which is inapplicable to many types of agricultural products
had unduly narrowed the scope of sub-paragraph 2 (c). It considered, therefore,
that some clarification of the text was required and accordingly recommends
to the Sub-Committee the wording as set forth in Part III of this Report.
32. The Sub-Committee however wishes to make clear that the omission of the
phrase "when in an early stage of processing and still perishable" is
dictated solely by the need to permit greater flexibility in taking into
account the differing circumstances that may relate to the trade in different
types of agricultural products, having in view only the necessity of not
making ineffective the restriction on the importation of the product in its
original form and is in no way intended to widen the field within which
quantitative restrictions under Article 20, paragraph 2 (c) may be applied.
In particular, it should not be construct as permitting the use of quantitative
restrictions as a method of protecting the industrial processing of
agricultural or fishery products.
33. The word "utilization" refers to the ultimate use of the products and
is not used in a technical Sense. For example, wheat and flour are so closely
related as regards utilization that flour is regarded as a processed form of
wheat for the purpose. of Article 20, paragraph 2 (c).
34. The Sub-Committee agreed on the proposal of the representative of Canada
(who was not a member of the Sub-Committee) that a new interpretative note to
the text should be inserted which would make clear that the proposed new
paragraph 3 was not designed to extend the freedom to use quantitative
restrictions under Article 20.
35. With regard to the footnote on "special factors" the Sub-Committee agreed
that it was desirable to make clear that, in cases where separate import
/quotas E/CONF. 2/C 3/E/W. 22
Page 9
quotas were allotted to the various foreign suppliers, a country whose
productive efficiency or ability to export had increased relatively to other
foreign suppliers since the representative period on which import quotas
were based should receive a relatively larger import quota. The Sub-Committee
recommends that the note to Article 20 (2) (c) of the Geneva text on "special
factors" should be retained as an interpretative note to sub-paragraph 3 (d)
in the form set out in Part III of this Report.
36. The Sub-Committee, after consideration of the interpretative notes on
"special factors" to Articles 20 and 22 of the Geneva text, agreed that, as
stated in those notes, changes artificially brought about since the
representative period (assuming that period to have preceded the coming into
force of the Charter) by means not permissible under the provisions of the
Charter were not to be regarded as "special factors" for the purposes of
Article 20 (2) (c) and Article 22. The Sub-Committee agreed, however, that
it was unnecessary to state this specifically in the text of the Articles or
in the interpretative notes.
37. The Sub-Committee agreed that the use of the words "inter alia" in this
footnote and in the footnote to Article 22 on "special factors" (see page 15)
should be brought to the notice of the Central Drafting Committee in order
that the footnotes throughout the Charter might be standardized as to their
form.
Other Points
38. At the request of the representative of Mexico the Sub-Committee agreed
to have it recorded that in its view the freedom given to a Member to apply
restrictions in term of Article 20 (2) (c) did not free such Member from a
prior obligation to any individual Member.
39. The representatives of Colombia, Mexico, and Peru reserved their positions
on Article 20 until final settlement had been reached on the procedure for
establishing quantitative restrictions under Article 13.
40. The representative of Ireland maintained that the provisions of Article 20
should be extended so as to enable countries to use import restrictions at
least to meet situations arising out of unavoidable seasonal fluctuations in
supply, and also to allow for the maintenance of stable incomes in agriculture.
He accordingly reserved his position on these points.
ARTICLE 22 - NON-DISCRIMINATORY ADMINISTRATION OF QUANTIATIVE FPESTRCTIONIS
1. The amendment of the delegation of Argentina (Item 61) to delete
paragraphs 2, 3, 4 and 5 found no support in the Sub-Committee.
2. The amendments of Uruguay (Item 51) and Mexico (Item 58) were withdrawn
since the Sub-Committee considered that their objectives were covered by the
existing text of the Article; the amendments of Mexico (Item 52) and
/Turkey E/CONF.2 /C. 3/E/W. 22
Page 10
Turkey (Item 54) were withdrawn in view of the revision of the interpretative
note on special factors" (see paragraph 5 below).
3. The amendment of Syria and Lebanon (Item 60) was referred to Sub-
Committee F with the concurrence of those delegations and of Sub-Committee F.
4. The Sub-Committee agreed to delete the footnote to sub-paragraph 2 (d)
of the Geneva text.
5. The Sub-Committee agreed that the interpretative note on "special
factors" should be retained as a note but should be made more explicit both
by the deletion of the cross-reference to the note to Article 20 which appears
in the Geneva text and by the specific mention of certain additional factors
which should be taken into account in the allocation of quotas. The Sub-
Committee accordingly recommends the wording shown in Part III (see also
paragraph 36 under Article 20).
6. The Sub-Committee agreed that the objectives of the amendments 1C
India (Items 55 and 57) could best be met by the Insertion of a new
interpretativ e note tothe text, as shown below in Part III.
7. The Sub-Committee considered that some provision should be made in the
Charter forg releasin a Member fromg its obliation to give public notice
under sub-spa ragraph 3(b) and 3 (c) in the case of a Member trading with a
non-Member or non-Members. Accordingly the Sub-Committee recommends that a
new sub-paragraph 3 (d) be inserted in the text (see Part III). The Sub-
Committee expressed the view that, to enable prompt consideration of
applications under sub-paragraph 3 (d) it would be desirable for the
Organization to delegate its functions in respects of this ub-paragraph to
the Executive Board; and that, provided an application under this sub-paragraph
was made sufficiently early and accompanied by sufficiently full innformatio
to enable adequate considerationx by the Eecutive Board beformeoe tehe concemnt
of the quota period the Executive Board should temporarily release the
applicant Member from the requirement to give public notice for the period
necessary for the Executive Board to make a decision on the application. E/CONF.2/C .3/E/W.22
Page 11
PART III
ARTICLE 20
General Elimination of Quantitative Restrictions
1. No prohibitions or restrictions other than duties, taxes or other charges,
whether made effective through quotas, import or export licenses or other
measures, shall, be instituted or maintained by any Member on the importation
of any product of any other Member country or on the exportation or sale for
export of any product destined for any other Member country.
2. The provisions of paragraph 1 of this Article shall not extend to the
f following:
(a) export prohibitions or restrictions [temporarily] applied for the
period necessary to prevent or relieve critical shortages of foodstuffs
or other products essential to the exporting Member country;
(b) import and export prohibitions or restrictions necessary to the
application of standards or regulations for the classification, grading
or marketing of commodities in international trade; if, in the opinion
of the Organization, the standards or regulations adopted by a Member
under this sub-paragraph have an unduly restrictive effect on trade, the
Organization may request the Member to revise the standards or regulations;
Provided that it shall not request the revision of standards
internationally agreed under paragraph 7 of Article 38;
(c) import restrictions on any agricultural or fisheries product,
imported in any form, necessary to the enforcement of governmental measures
which operate effectively:
(i) to restrict the quantities of the like domestic product
permitted to be marketed or produced [of the like domestic
product], or, if there is no substantial domestic production
of the like product, of a domestic agricultural or fisheries
product for which the imported product can be directly
substituted; or
(ii) to remove a temporary surplus of the like domestic product,
or, if there is no substantial domestic production of the
like product, of a domestic product for which the imported
products can be directly substituted, by making the surplus
available to certain groups of domestic consumers free of
charge or at prices below the current market level; or
(iii) to restrict the quantities permitted to be produced of any
animal product the production of which is directly dependent,
wholly or mainly, on the imported commodity, if the domestic
production of that commodity is relatively negligible.
3. With regard to import restrictions applied under the provisions of
/sub-paragraph 2 (c): E/CONF.2/C.3/E/W.22
Page 12
sub-paragraph 2 (c):
(a) such restrictions shall be applied only so long as the governmental
measures referred to in sub-paragraph 2 (c) are in force, and when applied
to the import of products, domestic supplies of which are available during
only a part of the year, shall not be applied in such a way as to prevent
their import in quantities sufficient to satisfy demand for current
consumption purposes during those periods of the year when like domestic
products, or domestic products for which the imported product can be
directly substituted, are not available.
(b) any Member intending to introduce restrictions on the importation
of any product shall in order to avoid unnecessary damage to the interests
of exporting countries give notice in writing, as far in advance as
practicable, to the Organization and to Members having a substantial
interest in supplying that product, in order to afford such Members
adequate opportunity for consultation in accordance with paragraphs 2 (d)
and 4 of Article 22, before the restrictions enter into force. At the
request of the importing Member concerned the notification and any
information disclosed during these consultations shall be kept strictly
confidential.
(c) any Member applying such restrictions [on the importation of any
product pursuant to this sub-paragraph] shall give public notice of the
total quantity or value of the product permitted to be imported during
a specified future period and of any change in such quantity or value.
(d) [Moreover] any restrictions applied under sub-paragraph 2 (c) (i)
shall not be such as will reduce the total of imports relative to the
total of domestic production, as compared with the proportion which might
reasonably be expected to rule between the two in the absence of
restrictions. In determining this proportion, the Member shall pay due
regard to the proportion prevailing during a previous representative
period, and to any special factors which may have affected or may be
affecting the trade in the product concerned.
4. Throughout this Section the terms "import restrictions" or "export
restrictions" include restrictions made effective through State-trading
operations.
Interpretative Note to Sub-paragraph 2 (a)
In the case of products which are basic to diet in the exporting country
and which are subject to alternate annual shortages and surpluses, the
provisions of this sub-paragraph do not preclude such export prohibitions
or restrictions as are necessary to maintain from year to year domestic
stocks sufficient to avoid critical shortages.
/Interpretative E/CONF.2/C.3/E/W.22
Page 13
interpretative Note to Sub-paragraph 2 (c)
[The term "in any form" in this paragraph covers the same products when
in an early stage of processing and still perishable, which compete
directly with the fresh product, and if freely imported would tend to
make the restriction on the fresh product ineffective.]
The term "agricultural and fisheries product, imported in any form", means
the product in the form in which it is originally sold by its producer,
and such processed forms of the product as are so closely related to the
to the original product as regards utilization, that their unrestricted
importation would make the restriction on the original product ineffective.
Interpretative Note to Paragraph 3
Paragraph 3 does not establish any new exception permitting the use
of quantitative restrictions on imports. It is to be understood that
the basic requirement of effective restriction on domestic production
or marketing remains as a condition precedent for all cases in which
import restrictions may be imposed under paragraph 2 (c) (i).
Interpretative Note to Sub-paragraph 3 (b)
The provisions of Article 20 (3) (b) with regard to prior consultation
would not prevent a Member which had given other Members a reasonable
period of time for such consultation from introducing the restrictions
at the date intended. It is recognized that, in the case of consultation
with regard to import restrictions applied under sub-paragraph 2 (c) (ii),
the period, of advance notice provided would in some cases necessarily be
relatively short.
Interpretative Note to Sub-paragraph 3 (d)
The term "special factors" in sub-paragraph 3 (d) includes inter alia
changes in relative productive efficiency as between domestic and
foreign producers, [or as between different foreign producers but not
changes artificially brought about by means not permitted under the
Charter], which may have occurred since the representative period.
ARTICLE 22
Non-discriminatory Administration of Quantitative Restrictions.
1. No prohibition or restriction shall be applied by any Member on the
importation of any product of any other Member country or on the exportation
of any product destined for any other Member country, unless the importation
of the like product of all third countries or the exportation of the like
product to all third countries is similarly prohibited or restricted.
2. In applying import restrictions to any product, Members shall aim at a
distribution of trade in such product approaching as closely as possible to
the shares which the various Member countries might be expected to obtain
/in the absence E/CONF.2/C.3/E/W.22
Page 14
in the absence of such restrictions, and to this end shall observe the
following provisions:
(a) wherever practicable, quotas representing the total amount of
permitted imports (whether allocated among supplying countries or not)
shall be fixed, and notice given of their amount in accordance with
paragraph 3 (b) of this Article;
(b) in cases in which quotas are not practicable, the restrictions may
be applied by means of import licenses or permits without a quota;
(c) Members shall not, except for purposes of operating quotas allocated
in accordance with sub-paragraph (d) of this paragraph, require that
import licenses or permits be utilized for the importation of the product
concerned from a particular country or source;
(d) in cases in which a quota is allocated among supplying countries,
the Member applying the restrictions may seek agreement with respect to
the allocation of shares in the quota with all other Members having a
substantial interest in supplying the product concerned. In cases in
which this method is not reasonably practicable, the Member concerned
shall allot to Member countries having a substantial interest in supplying
the product, shares based upon the proportions, supplied by such Member
countries during a previous representative period, of the total quantity
or value of imports of the product, due account being taken of any
special factors which may have affected or may be affecting the trade in
the product. No conditions or formalities shall be imposed which would
prevent any Member from utilizing fully the share of any such total
quantity or value which has been alloted to it, subject to importation
being made within any prescribed period to which the quota may relate.
(a) In cases in which import licenses are issued in connection with
import restrictions, the Member applying the restriction shall provide,
upon the request of any Member having an interest in the trade in the
product concerned, all relevant information concerning the administration
of the restriction, the import licenses granted over a recent period and
the distribution of such licences among supplying countries; Provided
that there shall be no obligation to supply information as to the names
of importing or supplying enterprises.
(b) In the case of import restrictions involving the fixing of quotas,
the Member applying the restrictions shall give public notice of the
total quantity or value of the product or products which will be
permitted to be imported during a specified future period and of any
change in such quantity or value. Any supplies of the product in question
which were en route at the time at which public notice was given shall
/not be excluded E/CONF.2/C.3/E/W.22
Page 15
not be excluded from entry; Provided that they may be counted, so far as
practicable, against the quantity permitted to be imported in the period
in question, and also, where necessary, against the quantities permitted
to be imported in the next following period or periods, and Provided
further that if any Member customarily exempts from such restrictions
products entered for consumption or withdrawn from warehouse for
consumption during a period of thirty days after the day of such public
notice, such practice shall be considered full compliance with this
sub-paragraph.
(c) In the case of quotas allocated among supplying countries the Member
applying the restriction shall promptly inform all other Members having
an interest in supplying the product concerned of the shares in the quota
currently allocated, by quantity or value, to the various supplying
countries and shall give public notice thereof.
(d) If the Organization finds, on request from a Member, that the
interests of that Member would be seriously projudiced by the necessity
of complying in relation to certain products with the obligation of
sub-paragraph (b) and the obligation under sub-paragraph (c) of this
paragraph to give public notice, by reason of the fact that a large
part of its imports fo such products is supplied by non-Members, the
Organization shall release such Member from such obligations to the
extent and for such time as it finds necessary to prevent such prejudice.
Any request made by a Member purguant to this sub-paragraph shall be acted
upon promptly by the Organization.
4. With regard to restrictions applied in accordance with paragraph 2 (d)
of this Article or under paragraph 2 (c) of Article 20, the selection of a
Representative period for any product and the appraisal of any special factors
affecting the trade in the product shall be made initially be the Member
applying the restriction; Provided that such Member shall, upon the request
of any other Member having a substantial interest in supplying that product
or upon the request of the Organization, consult promptly with the other
Member or the Organization regarding the need for an adjustment of the
proportion determined or of the base period selected or for the re-appraisal
of the special factors involved, or for the elimination of conditions,
formalities or any other provisions established unilaterally upon the
allocation of an adequate quota or its unrestricted utilization.
5. The provisions of this Article shall apply to any tariff quota instituted
or maintained by any Member and, insofar as applicable, the principles of this
Article shall also extend to export restrictions and to any internal regulation
or requirements under paragraph 2 of Article 18.
/Interpretative Note. E/CONF.2/C.3/E/W.22
Page 16
Interpretative Note
[See note relating to "special factors" in connection with the last
sub-paragraph of paragraph 2 of Article 20] .-
The term "special factors" as used in this Article includes inter alia
the following changes as between the varigns foreifi producers which may have
occurred since the representative period;
(i) changes in pelative Rroductive y;ficiencZ
(ii) existence of new or additional ability to export; and
(iii) reduced ability to export.
Interpretative Note
The first sentence of sub-paragraph 3 (b) of Article 22 is to be
understood as requiring the Member in all cases to give not later than-
the beginning of the relevant period public notice of quotas fixed for a
specified future perio , but as_permitting a Member, which for urgent
balance of payments reasons is under the necessity of changing the
9inta withii the course of a specified period, to select theitsme of *L
public notification of the change.
The above i no way.affects the obligation of a Member under
sub-paragraph 3 (a) where applicable. |
GATT Library | fy231py3434 | Draft report of Sub-Committee G to Committee III | United Nations Conference on Trade and Employment, February 23, 1948 | Third Committee: Commercial Policy and Sub-Committee G (Swiss Proposal) | 23/02/1948 | official documents | E/CONF.2/C.3/G/W.9 and E/CONF.2/C.3/F/W.31/REV.2-32/G/W.1-13/H/W.1-9 | https://exhibits.stanford.edu/gatt/catalog/fy231py3434 | fy231py3434_90190612.xml | GATT_145 | 777 | 5,384 | United Nations Nations Unies
CONFERENCE CONFERENCE E/CONF.2/C.3/G/W.9
ON DU 23 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH LI GIJ
*- - a ,* ;
C flOO1CIAL POIC
S SUB-CNTEG (SWISS ?ROPOAL
MMIATEFT RMIEQESMIUBE I-CONrITE O COM1aTTLE
ChaiOr:S M. L. P. THEKMP-McCAUKSLAdDND (United Eingm)
1. Sub-Comittee G was appointed by Committeear III on 5 Janue 1948 with
the followineg terms of refrence:
To consider the prowposal of the Siss Delegation (reference
E/CONF.2/C.3/11) that tahe followaing new paragrph be inserted in
Chapter IV:
"A Member, unable to invoke the provisions of Article 21 and
finding that its economic stabialiy lty, particulyin the fields of
agriculture and employment, is being seriously impaired or gravely
t hreatened, ay-ake such steps as are necessary for safeguarding
itsst "vital interes.
2 The fowllowing wedelegations ve appminted emmo tuhe Selubum,-Coitee: Bqi:
China, France, Poland, Srweden, SwitzrleanKd, tomhe Unitd ingd, the
Unitemd States ofu A ericae, Uruga.yand Vnezuemmila Theel Sub-Cottee hd
ni.:47 si
attExaerse mind. -
3 Proceeding from the draft amendment contained in its terms of reference,
the Sub-CtOe bad its enquiries on the assumptionmbe thmat theMe;br
concerned was noti eliigible to mpose quantitative restrictions under.
rcle 2 but was liable to suffer damage from restrictionsbyBY o imposoed the
derMmbir-ir tt Aiticl. -
h e4. ub-Committee set itself to enquiere whnny pher -aaticular
msCirctanooes r combination of circumstances cjjusld 3tify speceeasural -us
r ohen tetshh oeblready provided for in tChe :arter. A variety of
cimrcusces tanwas cited as deserving of special consideration.
5.The Sum-mCoeitete agrehth tta while no singlone e of these circumstances
woudI biy tseljf ustify special treatment, a combination of several of them
ighte -pseo cd-untry to considerable peruusse o nits domisitc economy and
epmloyment,in paorticula a sralla country. such as Siwtzrelandin whcih a
relatively higha rsaie, ~g E/CONF.2/C. 3/G/W.9
Page 2
relatively high proportion of workers were engaged in the production of
luxury or inessential goods for export to larger countries which were
themselves applying import restrictions bearing heavily on luxury products.
6. While considering that the Charter would result in a system which, once
in universal and successful operation, would substantially reduce the need
for elaborate economic defenses and. would provide safeguards appropriate to
that system, the Sub-Committee agreed that the Charter does not include
provisions which would fully meet the requirements of Switzerland laid
before the Sub-Committee by the representative of Switzerland.
7. The Sub-Committee was, however, unable to recommend as a solution of
the problem the amendment referred to it by Committee III (four delegates
being against the amendment, three for it, two abstaining and one absent).
Such and amendment would, in the view of the Sub-Committee, confer. so
extensive an exemption from the Charter obligations as to weaken the whole
Charter structure.
8. The Sub-Committee regrets that it was not able to devise any
alternative amendment which would meet the requirements of Switzerland
without a similar weakening of the Charter.
CONCLUSION
9. It was the opinion of the Sub-Committee that the Swiss problem was of
so individual a character that it was preferable that it should be
considered more fully in connection with the provisions of the Charter which
enable the Organization to provide specific release from individual
obligations to the extent necessary to enable Members to deal with exceptional
problems. Before specific proposals of this character could, however, be
submitted, further and more detailed examination of the problem is called
for.
10. The Sub-Committee recommends, therefore, that the Conference should
directothe Interim Commission to study further the problems facing the Swiss
economy with a view to submitting to the first Conference of the Organizatior
a report as to the measures which could be taken in accordance with the
procedures established in the Charter for dealing with the problem .
11. The Sub-Committee also examined the cases of Venezuela and Uruguay
which were presented to it, and finds that neither of these countries has
established and special problems connected with a transition from their,
present systems of trading to that contemplated by the Charter. Some of
the real difficulties brought forward by these countries have been provided
for in Articles 21, 23 and 24. Beyond this point, she issues raised involve
matters now under active consideration in connection with Articles 13 and
14. The considerations put forward by Venezuela and Uruguay in this
/connection a E/CONF .2/C. 3/G/W.9
Page 3
connection are not dissimilar from those being urged by a considerable
number of other "underdeveloped" countries in connection with the economic
development chapter of the Charter. This Sub-Committee felt It should not
pursue this matter any further since to do so would be to duplicate the
work of Committee Il and its Sub-Committeea. |
GATT Library | pz347fm8280 | [Draft] Report of Sub-committee 'H' on Subsidies | United Nations Conference on Trade and Employment, February 11, 1948 | Third Committee: Commercial Policy | 11/02/1948 | official documents | E/CONF.2/C.3/H/9 and E/CONF.2/C.3/E-J | https://exhibits.stanford.edu/gatt/catalog/pz347fm8280 | pz347fm8280_90190409.xml | GATT_145 | 4,466 | 28,571 | United Nations Nations Unies
CONFEENCE CONFERENCE E/CONF.2/C .3/H/9
ON DU 11 February l948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
THIRD COMMITTEE: COMMERCIAL POLICY
PART I
1. The Sub-Committee was appointed at the Twenty-Seventh Meeting
(7 January 1948) of the Third Committee (III.b.) it was given the
following terms of reference:
"(a) to consider all proposed amendments to Section C of Chapter IV
of the Draft Charter as contained in document E/CONF.2/C.3/8, together
with all suggestions and proposals made during discussion of those
proposed amendments in Committee III1.b; and
(b) to recommend texts to reconcile the various points, of view expresed.''
2. The Sub-Committee ##sisted of representatives of the following
delegations:
Argentina, Australia, Brazil, Canada, Cuba, Denmark, France, Netherlands
Pera, Philippines, Sweden, Turkey, United Kingdom, United States of
America and Venezuela.
3. Mr. E. McCARTHY (Australia) was elected Chairman. At the seventh
meeting of the Sub-Committee Mr. G. Warwick Smith (Australia) was, elected
in place of Mr. McCarthy-who had to leave Havana.
4. At the fifth meeting of the Sub-Committee it was decided to set up a
Working Party to examine proposed amendments to Articles 26 to 29. The
Working Party consisted of representatives of Brazil. Carada, Peru,
United Kingdom, United States of America and Venezuela., together with the
Chairman of the Sub-Committee. It held ten meetings and its Report to the-
Sub-Committee is contained in-document E/CONF. 2/C.3/H/6.
5. The Sub-Committee has held [eight] meetings. Thanks to the spirit of
conciliation shown by all concerned, the Sub-Committee reached general
agreement on a text to submit to the Committee.
6. Part II of this Report contains a brief statement on the main changes
in the text and on the manner in which the Sub-Committee dealt with proposed
amendments.
7. The text of Section C - Subsidies - (Articles 25-29) as .agreede by the
S ub -Committee is attached as an annex to this Report. In relation to
the Geneva text, agreed deletions are indicated by square brackets and agreed
additions by underlining. E/CONF.2/C.3/H/9 Page 2
PART II
(References are to items in E/CONF.2/C.3/8) General
*[The Sub-Committee considered an inquiry from the Central Drafting
Committee as to whether it was desired that references in Section C to
primary commodities should be covered by the definition of a "primary
commodity" contained in Article 53. It was agreed, that the definition
contained in paragraph 1 of Article 53 was applicable to all such
references 7
Article 25
(a) The Sub-Committee was unable to agree to the inclusion of the
words "direct or indirect", or of an alternative amendment having
a similar purpose, proposed by the delegation of Cuba (Item 2).
The representative of Cuba explained to the Sub-Committee that
the amendment constituted a matter of immediate and practical
importance to his country, which could not afford to promote its
economic development by the methods of direct subsidization. It had
therefore introduced a system by which certain domestic industries
were exampted from internal taxes payable on imported goods. This
was simpler in practice than, though no different in principle from,
the system of "payments to domestic producers derived from the
proceeds of internal taxes or charges" which was permitted under
paragraph 5 of Article 18. The system employed in Cuba had secured
favourable results, particularly in encouraging capital investment,
both domestic and foreign.
The Sub-Committee, was in general agreement that the terms of
Article 25 were sufficiently wide to cover a case such as that
described by the Cuban delegation. It was considered that the
proposals of Cuba in regard to Article 25 would not alter the sense
of the Article, nor would they have the effect of permitting
continuance of the Cuban system if it conflicted with othor provisions
of the Charter such as those regarding non-discrimination. The
appropriate place to consider an amendment with this purpose was
under Article 18 concerning the non-discriminatory application of
Internal taxation. The representative of Cuba maintained the
reservation of his delegation on Article 25.
*Square brackets indicate matters not yet fully discussed by the
Sub-Committee.
. . /(b) Arising from E/CONF.2/C.3/E/9
Page 3
(b) Arising from an amendment Pyoposed by the United States
delegation (Item 3), It was agreed to make the following
chagnes in the first sentence:
``....which operates directly or indirectly to maintain or
increaso exports of any product from, or to reduce, or prevent
an increase In, imports of any product into...."
It was felt that the existing text of the Article failed to
cover subsidies which, whilst not increasing a Memborts exports nor
reducing its imports, might nevertheless affect a Member's sharo
of total trade.
(c) It was agreed to accept the proposal by the United States
delegation to introduce in the last sentence the phrase
"a Member considers" in place of deteminations by the Organization.
It was thought that this change was consistent with similar changes
made in Chapter VI and would expodite procedure.
Article 26
Paragraph 1
The Sub-Committeo was unable to accept tho proposal of the United States
delegation (Item 18) to except subsidies on primary commodities from tho
provisions of paragraph 1, and the consequential changes proposed in regard
to other Articles. The United.States delegation, however, submitted
alternative suggestions to which reference is made in the notes on
Articles 27 and 28 below.
Paragraph 2
(a) Drafting chance proposed by the United States delegation have
been accepted with slight modification.
(b) The insertion of the word "generally" after "payments to
domestic producers" is intended to make it clear that the payments
in question refer to general subsidization of domestic producers.
(C) The delegation of Sweden withdrew its proposal (Item 5) to
insert the words "directly or indirectly" between the words "taxes"-
and "imposed". It is understood that the text - particularly
the phrase "remission of such duties or taxes........which have
accrued" - covers the case of remission of duties or taxes imposed
on raw materials and semi-manufactured products subsequently used-
in the production of exported manufactured goods.
(d) It was understood that the term "like products" is intended to
moan closely similar products in the corresponding stage of ,
production, allowing for such differences as are necessary for
export purposes.
/Paragraph 3
... .. E/CONF. 2/C .3/H/9
Page 4
Paragraph 3
(a) The Sub-Committee was unable to accept the proposal by the delegation
of Argentina (Item 6) to delete the time-limit provisions In this
paragraph, The delegation of Argentina reserved its right to reopen
the question In Committee.
(b) The introduction of the words "and if so on what terms" in the last
sentence of paragraph 3 is prompted by the decision to exclude subsidies
on non-primary commodities from the provisionsof Article 28. It was
felt that the.position of the Orgarization in relation to such subsidies
shouid be stated more explicitly.
(c) The Sub-Cosmittee agreed to certain drafting changes proposed by
the delegation of the Netherlands.
Proposed New Paragrah
The Sub-Committee considered the proposal by the delegation of Venezuela
(Item 7) to insert-a new paragraph designed to except certain types of subsidy
from the provisions of paragraph 1 of Article 26. It was felt that the subsidies
in question, i.e. those whose effect on world trade in the commodity is of
minor significance, would be largely covered by the proposed new texts of.
paragraphs 3 and 5 of Article 27, end of sub-paragraphs 4 (b) and A (c)'of
Article 28. In particular it was understood that the phrase"'if an agreement
is inappropriate" in the proposed text of paragraph 5 of Article 27 meant-that
if Chapter VI procedure was lnappropriate (including cases Judged to be
inappropriate by the Organizatlon under article 55, paragraph 2) , a Member
could grant :or maintain an export subsidy without being bound to seekean ";
inter-governmental agreement on the commodity in question. Moreover in cases
where negotiations did take place toward an inter-governmental agreement, a
Member would be free (under paragraph 3 of Article 27), pending the outcome of
such negotiations, to maintain export subsidies on the commodity in question.
Article 27 : ^
General
*(a) The Mmberi'of the 'Sub-Cbmmittee agreed that Articles 27 and 28,
. as drafted, should be considered as a unit, and that acceptance of
the one Article was contingent upon acceptance of the other.
(b) Specific references in Article 27 to the provisions of Article 28
are not intended to be exclusive. They are included for purposes of
emphasis.
(c) The'delegation of Brazil wishes it to be recorded that its
acceptance of paragraphs 3 and 4 is provisional.
Paragraph 1
It was agreed to insert in sub-paragraph (a) the words "or is so
designed as to result" after the words "has also resulted". It was felt that
this covered the substance of a similar amendment proposed by the delegation
Of Venezuela (Item 8).
A corresponding addition has been made in sub-paragraph (b).
/Proposed New Paragraph 2 E/CONF.2/C .3/H/9
Page 5
Proposed New Paragraph 2
The Sub-Committee considered tho new paragraph proposed by the
delegation of the Netherlands. (Item 9) relating to certain: types of price
stabilization schemes. It was generally agreed that a system for the
stabilization of.the domestic price or of the return to.domestic
producers of a primary commodity, independently of the movement of import
prices, which results, or is so designed as to result, in the-sale of the
commodity in the domestic mt##ket at a price at times higher and at timos
lower than the comparable landed cost for the imported product, should be
treated as a case under Article 25. On this understanding the delegation
of the Netherlands withdrew its proposal.
Paragraph 2
Paragraph 2 is a new provision emphasizing the responsibility of Members
granting any form of subsidy on a primary commodity to co-operate in
negotiating intergovernmental agreements under Chapter VI.
Paragraph 3
(a) This paragraph takes the place of paragraph 2 in the Geneva text
of Article 27. The Sub-Committee was unable to accept the proposal by
the delegations of Argentina and Peru (Item 10) to delete the paragraph.
(b) The paragraph has been redrafted to make it clear that, as regards
serious prejudice caused by the granting of a subsidy, tho paragraph
applies to all types of subsidization of primary commodities.
(c) A new provision has been added to permit a Member to maintain a
subsidy pending the outcom, of negotiations under Chapter VI.
Paragraph 4
Paragraph 4 is a new provision prohibiting a Member from granting a new
subsidy or increasing an existing subsidy, affecting the export of .a primary .
commodity, during a commodity conference dealing with the commodity in
question, unless the Organization concurs, This provision serves to limit
the above-mentioned new provision contained in paragraph 3. The Sub-Committee
was unable to agree to a proposal by the delegation of Argentina to delete
the phrase "unless the Organization concurs", and that delegation reserved
its right to re-open the question in Committee.
Paragraph 5
(a) This paragraph takes the place of paragraph 3 in the Geneva text
of Article 27. The Sub-Committee was unable to accept the proposal by
the delegations of Argantina and Peru (Item 10) to delete the paragraph;
the delegation of Argentina was satisfied, however, that its point was
covered by the new text.
(b)On the basis of a suggestion by the United States representative,
the paragraph has been redrafted in order to permit Members, considaring
/themselves E/CONF. 2/C.3/H/9
Page. 6
themselves seriously prejudiced, to apply or maintain export subsidies
on primary commodities, withOut prior approval of a determination by
the Organization; where Chapter VI procedure has failed or does not
promise-to succeed or where an inter-governmental agreement is
inappropriate. It is recognized that any Judgment by a. Member that an
agreement is"inappropriate" could subsequently be challenged by any
other Member through the procedure of Chapter VI.
[(c) The United Kingdom. representative wished it-to be record that
while he welcomed changes made in the United States delegation's .original
revision of Articles 26 - 29, particularly in regard to the proposed
Article 28, some doubt was still felt by his delegation in regard to
Article 27, paragraph 5.]
Article 28
(a) In the light of the relaxation of the provisions of Article 27 the
safeguards contained in Article 28 have been strengthened. In.
particular, provision has been made, where consultation fails for the
Organization to make findings to which Members shall conform.. Other
changes which. have been agreed are as follows:
(i) The Article new refers not only to export subsidies but to any
from of subsidy operating directly or indirectly to increase
or maintain exports; its application, however, is now limited
to primary commodities.
(ii) The concept of a "previous representative peroid" as a basic
criterion has been replaced by that of "an equitable share
of world trade". This is intended to meet criticisms that
theArticle, as in the.Geneva text, would tend to stabilize
an existing trade situation to the detriment of underdeveloped
counties. It is thought that the new text will, in this
respect cover the case of these countries and go some to
meet the position of the delegation of Argentina.expressed
in its proposal (Item 12) to delete the Article.
(i4) Factors are specified which, amongs others, 'the organization
shall take into consideration in reaching. its findings on an
``equitable share". In regard to sub-paragrapb (b) of
Article 28 it is understood that the terms ."the economy"
and "the economies" mean national economy as a whole and
would Include the balance of payments situation of the Members
concered .The terms would naturally cover any special
aspects of the economic structure of a Member.
/(b) It was. felt that E/CONF.2/C.3/H/E9
Page 7
(b) It was felt that the new text, by its application of safeguards
to general subsidies affecting exports, partly met the print raised
in the amendment submitted by the delegation of Brazil (paragraph 2
of proposed Article 27 A. See E/CON,.2/C.3/H/5). Regarding the other
point raised by the delegation of Brazil (paragraph 1 of proposed
Article 27 A), which was referred to Sub-Committee "A" '
(on Articles 16-19), the Sub-Committee has noted the latterrs decision,
namely that a majority of the Members of Sub-Conmittee "A" felt that it
was unnecessary to insert the amendment, whereas a minority supported
the Brazilian proposal, at least in principle. (See E/CONF.2/C.3/A/W.45).
(c) The delegation of Peru wished its view-recorded that there was a
difference of treatment as between subsidies which operate directly or
indirectly to maintain or increase the export of any primary. commodity,
and subsidies which operate directly or indirectly to reduce, or
prevent an increase in, the imports of any primary commodity,. The
former were subject to the provisions of Article 28, while the latter -.
were subject only to the much weaker provisions of Article 25, In their
view the latter type of subsidy ought to be subject also to provisions.
parallel to those of Article 28, because the interests of exporting
countries were prejudiced just as much by a subsidy, which decreases
imports in a, importing country as by one which increases exports from
a competing exporting country. Consequently the delegation of Peru-
reserved its position on. this Article.
(d) The representative of Argentina proposed amending paragraph 3 ao as
to remove the provision that a Member should conform to a finding by the
Organization. The Sub-Conmittee was unable to accept the proposal, and.
the representative of Argentina reserved his delegation 's position on
the paragraph.
[(e) In regard to paragraph 4 (d), one delegation called attention to the
fact that a major consideration in deciding what is an "equitable share
is the extent to which a country may successfully have limited the
supply of a surplus commodity. This is recognized as concerns One kind
of such limitation in the reference to paragraph 1 of Article 27.
However, there are other methods of limiting supply which also deserve
mention because of their specific and important relevance.]
[Article29
The Sub-Committee was unable to accept the proposal of the delegation of
Argentina (Item 15) to delete this Article, nor its alternative proposal
to replace the word "determination" by "recommendation".]
/ [Arrangement of Section C E/CO1 .2/C .3/H/9
Page 8
/grranglement of Section C
The Sub-Committee considered the suggestions of the Tmternational
Chamber of Ccmnerce regarding the earrangement of the Section; but thought
theat the present arrangement vappropriate..7 E/CONF.2/C .3/H/9
Page 9
ANNEX
TEXT OF SECTION `C ' - SUBSIDIES
(Note: in relation to the Geneva text, square brackets indicate proposed
deletions and underlining proposed additions).
Article 25
Subsidies in General*
If any Member grants or maintains any subsidy, including any form of
income or price support, which operates directly or indirectly to maintain
or increase exports of any product from, or to reduce, or prevent an
increase in, imports of any product into, its territory, the Member shall
notify the Organization in writing of the extent and nature of the
subsidization, of the estimated effect of the subsidization on the quantity
of the affected product or products imported into or exported from the
territory of the Member and of the circumstances making the subsidization
necessary. In any case in which [fit is determined] a Member considers
that serious prejudice to [the] its interest [of any other Membe07 is caused
or threatened by any such subsidization, the Member granting the subsidy
shall, upon request, discuss with the other Member or Members concerned, or
with the Organization, the possibility of limiting the subsidization.
Article 26
Additional Provisions on Export Subsidies
1. No Member shall grant, directly or indirectly, any subsidy on the
export of any product, or establish or maintain any other system, which
subsidy or system results in the sale of such product for export at a
price lower than the comparable price charged for the like product to
buyers in the domestic market, due allowance being made for differences
in the conditions and terms of sale, for differences in taxation, and for
other differences affecting price comparability.
2. [Notwithstanding the provisions of paragraph 1 of this Article a
Member may exempt] The exemption of exported products from duties or
taxes imposed in respect of like products when consumed domestically, or
[may remit] the remission of such duties or taxes in amounts not in excess
of those which have eccrued. [.], shall not be construed to be in conflict
with the provisions of Paragraph 1 of this Article, The use of the
proceeds of such duties or taxes to make payments to domestic producers
* Article 25 was not referred to the Working Party, but Is included
here for convenience of reference.
/generally E/CONF.2/C.3/H/9 Page 10
generally [however] shall be considered as a case under Article 25 [except
insofar as such payments subsidize exportation, in the sense of paragaph 1 of
this Article, by more than the amount of the duties or taxes remitted or
not imposed, i which case the provisions of paragraph 1 of this Article
shall apply to such excess payments.]
3. Members shall give effect to the provisions of paragraph 1 of this
Article at the earliest practicable date, but [in any event] not lafter than
two yers from the day on which this Charter enters into force. If any
.Member considers itself unable to do so in respect of any [specified]
particular product or products, it shall, at least three months before the
expiration of such period, give notice in. writing to the Organrization,
requesting a specific extension of the period. Such notice shall be
accompanied by a [complete] full analysis of .the system in question and the
[feets] circumstances justifying it. It shall then be determined whether
and if so on what terms, the extension requested should be made.
4. Notwithstanding the provisions of paragraph 1 of this Article, any
.memiber may subsidize the exports of any product to the extent and for such
time as maybe necessary to offset a subsidy granted by a non-Members
affecting the Memxper's exports of the product, However, the Member shall.
upon the requests of the Organization or of any other Member which considers
that its interests are adversely affected by such action, consult with that
Member or with the Organization with a view to reaching a satisfactory
adjustment of the matter.
Article 27
Special Treatment of Primary Commodities
1. A system for the stabilization of the domestic price or of the return
to domestic producers of a primary commodity, independently of the
movements of export prices, which results at times in the. sale of the
product for export at a price lower than the comparable price-charged -for
the like product to buyers in the domestic market, shall be considered not
to involve a subsidy on export within the meaning of paragraph 1 of
Article 26, if it is determined [:] that
(a) [that] the system has also resulted, or is so designed as
to result in the sale of the product for export at a price higher
than the comparable price charged for the like product to buyers
in the domestic market [,]; and
(b) [that] the system is so operated, or is desi##ed so to operate,
either because of the effective regulation of production or otherwise,
as not to stimulate exports unduly or otherwise seriously.prejudice
the interests of other Members.
/2. Any Member granting E/CONF .2/C .3/H/9
Page 11
2. Any Member granting a subsidy affecting a primary commodity shall
co-operate at all times in efforts to Degotiate agreements under the
procedures of Chapter VI.
[2. In any case of subsidization of a primary commodity, if a Member
considers that its interests are seriously prejudiced by the subsidy or if
the Member granting the subsidy considers itself unable to comply with the
provision of paragraph 3 of Article 26 within the time limit laid down
therein, the difficulty may be deemed to be a special difficulty under
Chapter VI, and in that event the procedure laid down in that Chapter
shall be followed.]
[2.] 3. In any case involving a primary commodity, if a Member considers
that its interests would be seriously prejudiced by compliance with the
provisions of Article 26, or if a Member considers that its interests are
seriously prejudiced by the granting of any form of subsidy, the procedure
laid down in Chapter VI may be followed. The Memberr which considers that its
interests are thus seriously prejudiced shall, however, be exempt
provisionally from the requirements of paragraphs 1 and 3 of Article 26 in
respect of that commodity, subject to the provisions of Articles 28.
4. No Member shall grant a new subsidy or increase an existing subsidy
affecting this export of a primary commodity during a commodity conference
call ed for the purpose of negotiations as inter-governmental control
agreement for the commodity concerned unless the Organisation concurs.
[3.] 5. If. the measures provided for in Chapter VI have not succeeded, or
do not promise to succeed, within a reasonable period of time, [either
because] or if [no] an agreement [has been reached or because the agreement]
is [terminated, any Member adversely affected may apply for exemption]
inappropirate, any Member which considers that its interests are seriously
Prejudiced shall be exempt from the requirements of paragraphs 1 and 3 of
Article 26 in respect of that commodity [. If it is determined that the
circumstances described in Article 59 apply to the commodity concered and
that the subsidization will not be so operated as to stimulate exports
unduly or otherwise seriously prejudice the interests of other Members, the
Organization shall grant such exemption for such period and within such
limits as may be determined.7, subject to the provisions of Article 28.
Article 28
Undertaking Regarding Stimulation of Exports of Primary Commodities
[Notwithstanding the provisions of paragraphs 1, 2 and 3 of Article 26
and of paragraph 3 of Article 27, no Member shall grant any subsidy on the
exportation of any product which has the effect of acquiring for that
Member a share of world trade in that product in excess of the share which
/it had during E/CONF.2/C.3/H/9
Page 12
It had during a previous representative period, account being taken insofar
as practicable of any special factors which may have affected or may be.
affecting the trade in that product. The selection of a representative
period for any product and the appraisal of any special factors. affecting
the trade in the product shall be made initially by the Member granting
the subsidy; Provided that such Member shall, upon the request of any other
Member having an important interest in the trade in that product, or upon
the request of the Organization, consult promptly with the other Member or
with the Organization regarding the need for an adjustment of the base
period selected or for the re-appraisal of the special factors involved.]
.1. Any Member grentine any form of subsidy which operates directly or
indirectly to maintain or increase the export of any Primary commodity
from its territory shall not apply the subsidy in such a way as to have
the effect of maintaining or acquiring for that Member more than an
equitable share of world trade in that commodity.
2. The Member granting such subsidy shall promptly notify the Organization
of the extent and nature of the subsidization, of the estimated effect of
the subsidization on the quantity of the affected commodity exported from
its territory, and of the circumstances making the subsidization necessary.
The Member shall promptly consult with any other Members which consider.
that serious prejudice to their interests is caused or threatened by the.
subsidization.
3. If, within a reasonable period of time, no agreement is reached in such
consultation, the Organization shall make a finding as to what constitutes
an equitable share and the Member grantinng, the subsidy shall conform to
this finding,
4. In making its finding, the Organization shall take into account any
factors which may have affected, or may be affecting, world trade in that
primary commodity and shall have particular regard to:
(a) The Member's share of world trade in the commodity in a previous
representative period;.
(b) whether the subsidizing country's share of world trade in the
commodity is so small that the effect of the subsidy on such trade
is likely to be of minor significance;
to the economy of the Member granting, and to the economies of the
Members materially affected by, the subsidy;
(d) the existence of price stabilization systems in accordance with
Paragraph 1 of Article 27;
/e) the desirabiIity E/CONF. 2/C ,3/H/9
Page 13
(e) the desirability of limiting [any subsidies or other] measures
which would make difficult the gradual expansion of production for
export in those areas able to satisfy world. market requirements of
the commodity concerned in the most effective and economic manner.
Artiole 29
Procedure
Any determination provided for in, or appropriate to the operation
of, this Section shall be made through the Organization by consultation
and agreement among the members substantially interested in the product
concerned. |
GATT Library | hd660dt0612 | Draft report of Sub-Committee I on consultations with the International Court of Justice | Interim Commission for the International Trade Organization, September 6, 1948 | Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee | 06/09/1948 | official documents | ICITO/EC.2/SC.1/9, ICITO/EC.2/W.1-2, ICITO/EC.2/SC.1/1-11, and ICITO/EC.2/SC.2/1,2 | https://exhibits.stanford.edu/gatt/catalog/hd660dt0612 | hd660dt0612_90180080.xml | GATT_145 | 1,228 | 7,804 | LIMITED C
ICITO/EC.2/SC.1/9
FOR THE INTERNATIONAL L'ORGANISATION INTERNATIONALE 6 September 1948
TRADE ORGANIZATION DU COMMERCE ORIGINAL: ENGLISH
Executive Committee
Second Session
DRAFT REPORT OF SUB-COMMITTEE I ON CONSULTATIONS
WITH THE INTERNATIONAL COURT OF JUSTICE.
1. The Sub-Committee on Consultations with the International
Court of Justice which was composed of representatives of
Australia, Benelux, Columbia, Egypt, France, Italy, Mexico,
United Kingdom and United States and which was presided over
by Mr. L. Couillard (Canada) had as its terms of reference the
resolution concerning the relation of the International Trade
Organization to the International Court of Justice adopted by
the United Nations Conference on Trade and Employment.
2. Pursuant to the Resolution the Sub-Committee consulted
with the International Court of Justice through the Registrar
of the Court, Mr. E. Hambro, who attended the session of the
Executive Committee expressly for this purpose. The Sub-
Committee wishes to record its appreciation for the valuable
assistance which the Registrar was able to give. The
consultations took the form of the representatives addressing
to the Registrar a series of questions arising out of
Chapter VIII of the Charter in so far as that Chapter referred
to recourse to the International Court of Justice. The
Registrar recorded these questions and the answers he gave to
them in two aide-memoires which are attached to the Notes of
the First, Second and Third Meetings of the Sub-Committee
(documents ICITO/EC. 2/SC.1/3 and ICITO/EC.2/SC .1/6) . The
Sub-Committee recommends that these aide-memoires should
eventually be incorporated in the report which the Interim ICITO/EC .2/SC.1/9
page 2.
Commission will make to the First Session of the Conference of
the Organization.
3. In the course of the consultations with the Registrar of
the Court, the Registrar was asked his opinion upon the first
question mentioned in the terms of reference of the Sub-
Committee, that is, the question whether the procedures set
out in Chapter VIII of the Charter needed to be changed to
ensure that decisions of the International Court on matters
referred to it by the Organization should, with respect to
the Organization, have the nature of a judgment. The
Registrar replied that there was nothing in the Statute of the
International Court which would prevent the Organization or its
Members agreeing that an advisory opinion should have binding
force. After this opinion had been given, the Sub-Committee
turned its attention particularly to answering the second
question stated in its terms of reference.
4. The Sub-Committee recommends that the Interim Commission
should make the following report upon this matter to the
First Session of the Conference of the Organization:-
"The Interim Commission Considered the problem arising
out of the resolution relating to the review of decisions
of the Organization by the International Court of Justice
and out of Annex N of the Havana Charter. It was the
conclusion of the Interim Commission, after consultation
with the Registrar of the International Court of Justice,
that no amendment to the Charter was necessary, on the
understanding that the following is the interpretation of
the relevant provisions of the Charter:-
1. For the purposes of paragraph 2 of Article 96
(a) any Member, party to a dispute between two or
more Members which dispute has been the subject of a decision of the Conference, will
application for an advisory opinion
interest which has been prejudice,
(b) any Member not a party to such
be deemed, on application for an
to have no interest that is prejud
decision of the Conference by reas
fact that the decision is contrary
of the Member on the merits of the
2. Although not expressly so stated,
of Article 94 does permit the question.
compensation to be one of the terms of
arbitration.
3. Article 96 permits the Organization
for an advisory opinion, to include the
monetary compensation for a Member whose
been prejudiced in a case arising out of
obligation under the Charter. The requ
case, will, at the instance of a Member
dispute, include the question of monetary ICITO/EC .2/SC.1/10
page 2.
"The Sub-Committee recommends that the Interim
Commission should make the following report
upon this matter to the First Session of the
Conference of the Organization:-.
"The Interim Commission considered the
resolution relating to the review
of decisions of the Organization by
the International Court of Justice
and Annex N of the Havana Charter.
it was the conclusion of the Interim
Commission, after consultation with
the Registrar of the International
Court of Justice, that no amendment
to the Charter was necessary, on the
understanding that the following is
the interpretation of the relevant
provisions of the Charter:-
1. In connection with the procedure
for obtaining an advisory opinion under
paragraph 2 of Article 96
(a) Any Member, party to a dispute
between two or more Members which
has been the subject of a decision
of the Conference, will be deemed to
have an interest prejudiced by the
said decision.
(b) The fact that a decision of the
Conference is contrary to the position
of a Member, not a party to such
dispute, on the merits of the dispute
shall not in itself determine the
question whether the interest of such
Member has or has not been prejudiced
by the decision."
The following numbered paragraph 2 which it was proposed
should form part of paragraph 4 of the Draft Report to
replace the text which appears in the Draft Report shall be
discussed at the next meeting:-
"Article 96 permits the Organization, in its
request to the Court for an advisory opinion, to
include the question of monetary compensation for
a Member whose interests have been prejudiced in
a case arising out of a breach by one or more
Members, of certain obligations under the Charter.
In such a case, and at the instance of a Member
party to the dispute, the request for an advisory
opinion shall include the question of monetary
compensation."
The representative of the United Kingdom announced that
he had received instructions from his Government that he
could accept the solution which had been reached in the Sub-
Committee provided that a second unnumbered paragraph were
added to the part of paragraph 4 of the Draft Report in
quotations reading somewhat as follows:- ICITO/EC.2/SC .1/10
page 3.
"The Interim Commission also considered that as
a general rule the request should not include
a question as to monetary compensation for
anything done or omitted before the dispute is
submitted to the Executive Board."
Certain discussion took place upon this proposal and
it was agreed that it would be further discussed at the next
meeting when representatives had had an opportunity to give
it full consideration.
The representative of France doubted whether he could
accept the proposal of the representative of the United
Kingdom as he considered that a Member, against whom a claim
for monetary compensation might be made would be able to
unduly prolong the period before which a dispute would be
submitted to the Executive Board. However, the Sub-
Committee agreed that under paragraph 1 of Article 94
consultations could only be interpreted as still in process
of settlement while there was a hope of settlement.
Failure of a member to whose request for consultant on another
member had failed to respond would be entitled, at the
expiration of a reasonable period, to regard consultations as
not having led to a satisfactory settlement for the purposes
of that paragraph. |
GATT Library | zd777ww5072 | Draft report of the Working Party | United Nations Conference on Trade and Employment, January 4, 1948 | Joint Sub-Committee of Committees V and VI | 04/01/1948 | official documents | E/CONF.2/C.56/W.3 and E/CONF. 2/C. 5/W. 1-6 C. 56/W. 1-3 WHITE PAPERS | https://exhibits.stanford.edu/gatt/catalog/zd777ww5072 | zd777ww5072_90200080.xml | GATT_145 | 225 | 1,558 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.5&6/W.3
ON DU 14 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
JOINT SUB-COMMITTEE OF COMMITTEES V AND VI
DRAFT REPORT OF THE WORKING PARTY
The ;Working party appointed at the first meeting of the Joint
SubCommittee, consisting of the representatives of Chile, the Netherlands,
the United Kingdom and the United States, met under the chairmanship of
Mr. Alvaro MUNOZ(Chile) and agreed to recommend, to the joint Sub-Committee
the following text of an additional sub-paragraph to Article 94:
"(c) To prevent any Member from entering into or carrying cut
any' inter-governmental agreement, or other agreement on behalf of
a government for the purpose specified in this exception, made by
or for a military establishment for the purpose of meeting essential
requirements Of the national security of one or more of the
participation countries."
The Working, Party was of the opinion that the inclusion or omission of
the word "solely" before "for the purpose of . , ," was a matter which
should be considered by Sub-committee I of the Sixth Committee in relation
to Article 94 as a whole.
The Working party suggests that if this text is accepted, the
Central Drafting Committee might be asked to consider whether, at the end
of the paragraph, the word "countries" or the word "states" should be used. |
GATT Library | tv052ry1453 | Draft Report of Working parties No.3 to Joint Sub-Committee of committees II and VI concerning paragraph 2 of new Article 12 A proposed by Colombia | United Nations Conference on Trade and Employment, January 12, 1948 | Joint Sub-Committee of Committees II and VI | 12/01/1948 | official documents | E/CONF.2/C.26/A/W.16, E/CONF.2/C.2/D/W.1-3, C.23/A/W.1-3, and C.26/A/W.1-29 | https://exhibits.stanford.edu/gatt/catalog/tv052ry1453 | tv052ry1453_90180371.xml | GATT_145 | 832 | 5,771 | United Nations Nations Unies
RESTRICTED
CONFERENCE CONFERENCE
ON DU E/CONF .2/C .2&6/A/
ON DU W .16
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 12 January 1948
ORlGINAL: ENGLISH
JOINT SUB-COMMITEE OF COMMITTEES II AND VI
DRAFT REPORT OF WORKING PARTIES NO.3 TO JOINT SUB-COMMITTEE OF
COMMITTEES II AND VI CONCERNING PARAGRAPH 2 OF NEW ARTICLE 12 A
PROPOSED BY COLOMBIA
1. At the thirteenth meeting (E/CONF.2/C.2&6/A/W.11) of the Joint
Sub-Committee of Committees II and VI. paragraph 2 of new Article 12 A
proposed by Colombia (page 28 of E/CONF.2/C.2/9) was referred to Working
Party No. 3 with terms of reference to recommend such disposition of the
paragraph as it might consider desirable. At the twelfth meeting of the
Joint Sub-Committee the Chairman indicated the reasons why he believed that
the resolution and redraft of Article 10 contained in the report of
Working Party No. 1 (E/CONF 2/C.2&6/A/W.2) and approved by the Joint
Sub-Committee at its tenth meeting (E/CONF.2/C.2&6/A/W.7) included the
substance of paragraph 2 of new Article 12 A proposed by Colombia. It was
suggested that in view of the approval by the Sub-Committee of this report
the Colombian delegation might reconsider its amendment. The Colombian
delegation, however, indicated that it did not believe that the resolution
and the redraft of Article 10 adequately covered the points suggested by
it and proposed reconsideration of the matter.
2. The Colombian delegation informed the Working Party that the purpose
of the amendment was to empower the Organization to suggest to a Member that
in appropriate circumstances the best way of financing its economic
development programmes would be by seeking an inter-governmental loan.
Article 10, pargrapah 2, sub-paragraph (a) (iii) (E/CONF.2/C.2&6/A/W.2 and
E/CONF.2/C.2.&6/A/W.7) does require the Organization to give advice on the
financing of programmes for economic development. It would, therefore, be
appropriate for the Organization to make such a suggestion if it considered
it to be an appropriate course under the circumstances. Moreover, the
resolution involves inquiry into the possibilities of economic development,
and into the manner in which foreign capital may contribute to it. It
therefore contemplates an examination of the existence of a normal and
adequate flow of private international investment at the present time. For
these reasons, the Working Party, after reconsideration of the amendment in
the light of discussion in the Joint Sub-Committee, came to the conclusion
/that the E /CONF .2/C .2&.6/A/W .16
Page 2
that the substance of the amendment proposed by Colombia was already covered
by Article 10 as amended and by the above mentioned resolution. The Working
Party also considered that the text adopted by the Joint Sub-Committee in
order to incorporate the Turkish amendment into paragraph 2 of Article 10
(see Notes on Fifteenth Meeting of Joint Sub-Committee of Committees II and
VI - E/CONF.2/C.2&6/A/W.7) required the co-operation of the Organization with
existing inter-governmental financial institutions. Consequently the
Organization would be informed as to the existence or lack of a normal or
adequate flow of investment capital. It would, therefore, be able to carry
out its function of suggesting appropriate manes of finance in individual
cases.
3. Should, however, the Joint Sub-Committee feel it necessary to amend
the resolution, the change set out below might be made. Additions to and
deletions from the text set out in Annex C of E/CONF.2/C.2&6/A/W.2 are
indicated by underlining and square brackets.
"The United Nations Conference on Trade and Employment, having
considered ............
Therefore resolves:
1. That the Interim Commission of the International Trade Organization*
is hereby directed to examine
(i) the powers, responsibilities and activities in the field of
industrial and general economic development of the
United Nations, of the specialised.agencies and of other
inter-governmental organizations, including regional
organizations;
(ii) the availability of facilities for technical surveys or studie
of the natural resources of underdeveloped countries, or of the
possibilities of their industrial development, whether general
or of particular industries or for the improvement of their
systems of transportation and communications [or with
respect to the manner in which investment of foreign capital
may contribute to their economic development]
(iii) the need for and availability of foreign investment capital
in the light of national capital resources; the measures taken
to encourage and foster full utilization of national and
foreign capital; and the functions which are or may be performed
in their proper sphere by inter-governmental financial agencies
or agreements in the field of economic development as a means of
complementing such national and foreign capital;
* If no such Commission is formed, a special committee shall be named.
/and in E /CONF . 2 /C. 2&6/A/W.16
Page 3
and in the light of this examination to report to the Organization upon
(a) [(i)] the structure and administrative methods
(b) [(ii)] the working relations with the United Nations, the
specialized agencies and other inter-governmental
organizations, including regional organizations
which will enable the International Trade Organization most effectively
to carry out its positive functions for the promotion of the economic
development of Members.
2. That the report ......... first session." |
GATT Library | qw621vg4073 | Draft Report on Articles 9, 10 and 11 | United Nations Conference on Trade and Employment, February 5, 1948 | Joint Sub-Committee of Committees II and VI | 05/02/1948 | official documents | E/CONF.2/C/26/A/W.29/Add.1 and E/CONF.2/C.26/A/W.29-33 | https://exhibits.stanford.edu/gatt/catalog/qw621vg4073 | qw621vg4073_90180385.xml | GATT_145 | 57 | 412 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE RESTRICTED
DU E/CONF.2/C/2&6/A/
COMMERCE ET DE L'EMPLOI 5 February 1948
ORIGINAL: ENGLISH
JOINT SUB-COMMITTEE OF COMMITTEES II AND VI
DRAFT REPORT ON ARTICLES 9, 10 AND 11
Add at end of paragraph 9 of the draft report:
(e) "industrial patents" would be included in the term "technology". |
GATT Library | hf972jh1910 | Draft Report on the Sub-Committee on footnote to chapter III on "Reconstruction" | United Nations Conference on Trade and Employment, January 11, 1948 | Second Committee: Economic Development | 11/01/1948 | official documents | E/CONF.2/C.2/D/W.1, E/CONF.2/C.2/D/W.1-3, C.23/A/W.1-3, and C.26/A/W.1-29 | https://exhibits.stanford.edu/gatt/catalog/hf972jh1910 | hf972jh1910_90180336.xml | GATT_145 | 730 | 4,940 | United Nations Nations Unies RESTRICTED
E/CONF. 2/C .2/D/W. 1
CONFERENCE CONFERENCE 11 January 1948
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH am
ND COMMITTEEI ECOcOMIC oTTNDOPMEVELENTrBODYT
RT OF THE SSBUDCOMMITTE OR FORNNOTEPOTHE BFMIT
R CEO ON "RECOIIIPMCTI =RN"
1. At the sixteenth meetingo ofo CmmitteeII the Chairman appointed a
sub-committee composed of representatives of Australia, El Salvador, France,
Mexico, Poland and the United Kingdom with terms of reference as follows:
"to examine and submit recommendations concerning the footnote to Chapter III
`h'reconstruction' appearing at the bottom of page 12 of the Draft Charter"
EOC0NF.2/C/21S1R.6).
2. The Sub-Committee held one meeting on nJauary 1948. Mr. C. Novoa,
of Mexico, was appointed Chairman.
3. It was noted that the discussion in Committee II had been mainly
concerned with the drafti pngotin raised by the delegation of the
United Kingdowm hha ad proposed the deletion of the footnote to Chapter II
which occurred on page 12 of the English text of the Geneva draft; but that
the delegate for El Salvador had also raised the question of substance,
whether economic developeanta nd reconstruction should be treated on the
same footing for the purposes of Chatep IIIr
4. The majority of the sub-committee were of the opinion that in view of
the size andcomcpsiotion of the sub-committee, its terms of reference should
be interpreted to include the drafting question only. The delegates for
Mexiod an El Salvador, however, were of the opinion that the sub-committee
should deal with the point of substance also, and in this connection the
delegate for Mexico proposed that a new Article should be added at the end
of the Chapter stating that as the problem of reconstruction was of a
transitory nature it should be treated on the same terms as the problem of
development during a limited period only. The delegate of Chile, who was
not a member of the sub-committee, associated himself with this view.
5. As regards the drafting question, on which a number of suggestions had
been ut forwaurd in Committee II, the sub-committee after discussion decided
to adopt a proposal of the Polish delegaet, anmely, to delete the word
"reconstruction' wherever it occurred in Chapter III i.e.rAtilcse 13, 14
and 15 but to retain the words "and where necessary to reconstruct" in
Article 9 and to insert the content of the footnote as a new Article at the
end of Chapetr II. This Article, to be numbered provisionally, 15 A, reads
as follows:
/"Whereve. E/CONF. 2/C. 2/D/W. 1
Page 2
"Wherever the term 'development' is used in Articles 8 to 15, it is
- intended also to include `reconstruction'".
It was also decided to leave the problem of a title for the new Article,
to the Central Drafting Committee.
6. The changes in the Geneva Draft of the Charter resulting from the
decision cited in paragraph 5 above are listed in the Annex. E/CONF.2/C.2/D/W.1
Page 3
The decision to delete the word "reconstruction" from Chapter III of
the Geneva text affects Articles 13, 14 and 15 in the following way:*
Article 13
Paragraph 1
"The Members recognize that special governmental assistance
may be required to promote the establishment or development
[or reconstruction] of particular industries ................"
Article 13
Paragraph 2 (a)
"If a Member in the interest of its programme of economic
development [or reconstruction] considers it desirable to
adopt any non-discriminatory measure ........................ "
Article 13
Paragraph 2 (c)
"The Organization .......shall in its examination have regard
to the considerations presented by the applicant Member and
its stage of economic development [or reconstruction], to
the views presented by Members ...............................
Article 13
Paragraph 4 (c)
"If .... there should be an increase .............. in the
importations of the product or products concerned............
so substantial as to Jeopardize the plans of the applicant
Member for the establishment or development [or reconstruction]
of the industries concerned ....... ......................
Article 14
Paragraph 1
"Any Member may maintain any non-discriminatory protective
measure which has been imposed for the establishment or
development [or reconstruction] of particular industries
Article 15
Paragraph 1
"The Members recognize that special circumstances may
* [ ] = delete
= add E/CONF . 2/C .2/D/W.1
Page 4
Justify now preferential arrangements between two or
more countries, not contemplating a customs union, in
the interest of the programmes of economic devolopment
[or reconstruction]of one or more such countries
................................." |
GATT Library | qf785sg3281 | Draft report to Committee II on Article 12 | United Nations Conference on Trade and Employment, January 21, 1948 | Second Committee: Economic Development and Sub-Committee B (Article 12) | 21/01/1948 | official documents | E/CONF.2/C.2/B/W.13, E/CONF.2/C.2/B/W.1-14, and C.2/C/W.1-13 | https://exhibits.stanford.edu/gatt/catalog/qf785sg3281 | qf785sg3281_90180315.xml | GATT_145 | 885 | 6,026 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/B/W.13 21 January 1948
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMITTEE B ON ARTICLE 12
DRAFT REPORT TO COMMITTEE II ON ARTICLE 12
1. At its Thirteenth Meeting Committee II appointed a Sub-Committee to
considor Article 12 and the amendments submitted thereto. The Sub-Committee
consisted of the delegates of Australia, Brazil, Canada, Ceylon, Czechoslovakia
Egypt, India, Mexico, Netherlands, New Zealand, Swedon, United Kingdom,
United States ofAmerica and Venezuela. Mr. Jose TORRES (Brazil) was elected
Chairman of the Sub-Committee.
2. The Sub-Committee held seven meetings and has agreed on the text of
Article 12 which appears at the end of this report. In the course of the
discussion of Article 12 certain Members of theSub-Committee withdrew their
proposed amendments. The Sub-Committee considers that the amendments not so
disposed of are either taken into account or disposed of by the text of
Article 12 which appears below. ln view of the extensive revision of
Article 12 which has been agreed by the Sub-Committee, it is not practicable
to show in detail the changes made in the Geneva text.
3. In the course of considering Article 12 the Sub-Committee agreed on
several interpretations of the Article as follows:
(a) Ther requirements referred to in paragraph 1 sub-paragraph (c) (iv)
may, provided they are reasonable, relate either to foreign investments
only or to investments generally.
(c) Legislative or constitutional requirements, existing at the time
that an investment is made and providing for recourse only to national
courts, would not in themselves be reviewable pursuant to Chapter VIII.
Chapter VIII provides for review by the Organization of whether
nullification or impairment of a benefit accruing to a Member under
the Charter has taken place, even if the nullification or impairment
arises out of a measure completely consistent with the Charter, or
"any other situation", even if there is no violation of the Charter,
and without involving the power of the Organization to pass or judge
upon the validity of the measure itself taken by a Member, or of a
decision takenby nyM member's national courts.
/(c) The Articles E/CONF.2/C.2/B/W.13
Page 2
(c) The Articles of Agreement of the International Monotary Fund are
included among the international agreements referred to in paragraph 2
sub-paragraph (b).
4. The text of Article 12 as agreed by the Sub-Committee is as follows:
"ARTICLE 12
INTERNATIONAL INVESTMENT FOR ECONOMIC DEVELOPMENT
1. The Members recognize:
(a) that international investment, both public and private, can be
of great value in promoting economic development and consequent
social progress;
(b) that the international flow of capital will be stimulated to the
extent that Members afford nationals of other countries opportunities
for investment and security for existing and future investment;
(c) that, without prejudice to existing international agreements
to which Members are parties, a Member has the right
(i) to take any appropriate safeguards necessary to ensure
that foreign investment is not used as a basis for
interference in its internal affairs or national policies;
(ii) to determine whether and to what extent and upon what
terms it will allow future foreign investment;
(iii) to prescribe and give effect on just terms to
requirements as to the ownership of existing and fixture
investments;
(iv) to prescribe and give effect to other reasonable
requirements with respect to existing and future
investments;
(d) that the interests of Members whose nationals are in a
position to provide capital for international investment and of
Members who desire to obtain the use of such capital to promote
their economic development may be promoted if such Members enter
into bilateral or multilateral agreements relating to the
opportunities and security for investment which the Members are
prepared to offer and any limitations which they are prepared to
accept of the rights referred to in sub-paragraph (c) of this
paragraph.
2. Members therefore undertake:
(a) Subject to paragraph 1 sub-paragraph (c) of this article and
any agreements entered into under paragraph 1 subparagraph (d)
to provide reasonable opportunities for investments acceptable to
/them E/CONF.2/C.2/B/W.13
Page 3
them and adequate security for existing and future investments and,
as far as possible, to avoid discrimination as between foreign
investments; (1)
(b) Without prejudice to existing international agreements to
which Members are parties upon the request of any Member to enter
into consultation or to participate in negotiation directed toward
the conclusion, if mutually acceptable, of an agreement of the
kind referred to in paragraph 1 sub-paragraph (d) of this Article.
3. Members shall promote co-operation between national and foreign
enterprises or investors for the purpose of fostering economic development
in cases where such co-operation appears to the Members concerned to be
appropriate."
(1) Note by the Secretariat: As agreed at the Sixth Meeting, the
delegates of Australia, New Zealand and Sweden met to consider
a revision of this sub-paragraph for the purpose of clarifying
the meaning of the provision on discrimination. These delegates
recommend that sub-paragraph (a) read as follows:
(a) Subject to paragraph 1, sub-paragraph (c) of this Article
and any agreements entered into under paragraph 1, subparagraph (d)
(i) to provide reasonable opportunities for investments
acceptable to them and adequate security for existing
and future investments and,
(ii) to give due regard to the desirability of avoiding
discrimination as between foreign investments. |
GATT Library | tr297hx5244 | Draft Report to Committee III on Article 21 | United Nations Conference on Trade and Employment, February 14, 1948 | Third Committee: Commercial Policy and Sub-Committee F (Articles 21, 23 and 24) | 14/02/1948 | official documents | E/CONF.2/C.3/F/W.28 and E/CONF.2/C.3/F/W.1-31/REV.2 | https://exhibits.stanford.edu/gatt/catalog/tr297hx5244 | tr297hx5244_90190591.xml | GATT_145 | 2,722 | 17,685 | United Nations Nations Unies RESTRICTED
E/CONF.2/C.3/F/W.28
CONFERENCE CONFERENCE 14 February 1948
ON DU
TRDE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI m
MITTEE: COMMERCIAL POLICYOMa
SCOMMQMIITTE F ON ARTICIES 21, 2N AMD 24
FRARE EEPORT TO MITTEE II ON ARTICLE 21
1. Sub-Committee F was appointed on 5 uaranay 1948 to examine and submit
recommendations on all proposed amendments to Articles 21, 23 and 24.
2. The Sub-Committee was composed of representatives ofgbb enanti,
Australia, Belgium, Brazil, Canada, Cuba, Czechoslovakia, France, Greece,
India, Italy, Lebanon, Liberia, Norway, Philippines, United gKindom.and the
United States.
3. Mr. J. Melander (Norway) was unanimously elected Chairman.
4. The Sub-Committee has held twelve meetings as of 16 February 1948.
A list of the amendments considered is attached as Annex A.
5. A number of representatives of delegations who were not members of the
Sub-Committee attended as observers and also took part in the discussion of
amendments which they had submitted. The Sub-Committee also heard statements
by the representatives of the International Monetary Fund.
6. The Sub-Committee has completed consideration of Articles 21 and 24.
It has not yet received a report from a Working Party on Article 23,
However, in order to facilitate the work of Committee III, the Sub-Committee
is submitting the present report dealing only with Article 21.
7. Having examined the amendments to Article 21 and proposals arising out
of those amendments the Sub-Committee recommends to Committee III the approval
of the revised text of this Article with the Interpretative Note appended
thereto as set forth in Annex B of this Report.
8, The main change in Article 21 recommended by the Sub-Committee is the
inclusion of a new paragraph 1. This change was made in response to an
amendment submitted by Belgiun (ENn/CF.2/C. /F/W.6) and relates to action
which may be taken to correct maladjustments in the balance of payments.
In response to an amendment of Australia (Item 33 of the Annoeatod Agenda)
certain changes have been made in present paragraph 3 (b).
Present Paragraph 3 (c) (i) has been ended in response to a proposal
submitted by Argentina (Item 38 of the Annotated Agenda).
Present paragraph 4 (b) has been amended in response to an amendment by
/Denklrr E/CONF. 2/C..3/F/W. 28
Page 2
Denmark (Item 35 of the Annotated Agenda)
The introductory phrase of present paragraph 4 (b) (i) has been deleted
and, paralleling this, the Sub-Committee recommends the deletion of the
interpretative note relating to this phrase.
Sub-paragraphs (ii) and (iii) of paragraph 3 (c) of the Geneva text
have been transferred to paragraph 3 (c) of the present text (paragraph 2
of the Geneva text) on the ground that they constitute limitations on any
kind of quantitative restrictions irrespective of whether the restriction
is a consequence of the domestic policies referred to in paragraph 3 (c) of
the Geneva text or of other causes.
In response` to, a proposal by New Zealand (E/CONF. 2/C. 3/F/W. 23) a new
interpretative note has been added to the Article.
9. Reservations
The delegation of Chile reserves its position on sub-paragraph 3 (a)
(sub-paragraph 2 (a) of the Geneva text).
The delegation of Argentina reserves its position on Article 21.
IANNEX A E/CONF. 2/C. 3/F/W.28
Page 3
ANNEX A
AMMENDMENTS SUBMITTED TO ARTICLES 21, 23, AND 24
Article (Geneva text ) Country
Proposed new Belgium
Paragaph 1
4 (d)
4 (e)
Reservation
on Article
Footnote
1 (a)
Ceylon
Australia
Argentina
Venezuels
Chile
Ceylon
Australia
Argentina
Denmark
Geneva Draft Note
Belgium
Ceylon
Argentina
Brazil
Ceylon and Venezuela
Argentina
Italy
Uruguay
Uruguay.
Venezuela
Uruguay
Venezuela
Italy
Italy
Italy
Belgium
New Zealand
Uruguay
AND 24
Reference*
/CONF. 2/C. 3/F/W. 6
27
28
29
30
31
32
33
34
35
36
E/CONF. 2/C . 3/F/W. 6
37
38
E/CONF.2/C.3/F/W.24
39
40
41
42
43
44
45'
46
47
49
50 replaceded by
E/CONF.2/C.3/F/W. 6)
E/CONF.2/C.3/F/W. 3
62
* The numbers refer to items in the Annotated Agenda (E/CONF.2/C.3/7)
unless otherwise stated.
/Mexico
Article
21
1
2
2
2
2
2
3
3
3
3
3
3
3
4
4
4
4
4
4
4
(a)
(a)
(a)
(a)
(b)
(a)
(b)
(b)
(b'
(o)
(c)
(a)
(a)
(a)
(a)
(a)
(b)
(c)
(c)
(c)
21
21
21
21
21
21
21
21
21
21
21
21
21
21
21
21
21
21
21
21
21
21
21
21
21
21
23 E/CONF. 2/C . 3/F/W. 28
Page 4
Article (Geneva text)
23
23
23
1 (a)
1 (b)
1 (b)
23 1 (b)
23 3 (a)
23 3 (a)
23 3 (c)
23 3
. (new subparagraph)
23 3
23 3
23 4
23 5 (b)
23 New Paragmaph 6
23. Entire Article
23 Entire Article
23 Entire Article
23
23A
24
24
24
24
24
24
24
Entire Article
Proposed New Article
2
2
6
Proposed New Article
Entire Article
Entire Article
Country
Mexico
Norway
United Kingdom
Belgium
Italy
Denmark
Mexico
Italy
Uruguay
Geneva Draft Note
Uruguay
Brazil
France
Argentina
Czechoslovakia
Belgium
Chile
Greece
New Zealand
Australia
Geneva Draft Note
Liberia
Mexico
Argentina
Belgium
Reference
63
64 (Replaced by
E/CONF.2/C.3/F/W.5) .-
65 (Withdrawn in
Committee III)
E/CONF.2/C.3/F/W.6
66
67
68
69
70
71
72
73
74
75
76
77
(Replaced by
E/CONF.2/C O3/F/W.14)
(Replaced by
E/CONF.2/C. 3/F/W.6)
77
78
79
80
81
E/CONF. 2/C. 3/F/W.15
82
83
84
/ANEX B E/CONF.2/C.3/F/W.28
Page 5
ANNEX B
Article 21
Restrictions to Safeguard the Balance of Payments
1. The Members recognize that
(i) it is primarily the responsibility of each Member to safeguard
its external financial position and to achieve and maintain stable
equilibrium in its balance of payments;
(ii) an adverse balance of payments of one Member may have important
effects on the trade and balance of payments of other Members, if
it results in. or may lead to, the imposition by the Member of
restrictions affecting international trade;
(iii) the balance of payments of each Member is of concern to other
Members, and therefore it is desirable that the Organization should
promote mutual consultations and, where possible, agreed action
consistent with this Charter for the purpose of correcting a
maladjustment in the balance of payments; and that
(iv) action taken to restore stable equilibrium in the balance of
payments should, so far as the Member or Members concerned find
possible, employ methods which expand rather than contract
international trade.
[i.] 2. Notwithstanding the provisions of paragraph 1 of Article 20, any
Member, in order to safeguard its external financial position and balance of
payments, may restrict the quantity or value of merchandise permitted to be
imported, subject to the provisions of the following paragraphs of this Article.
[2.] 3. (a) No Member shall institute, maintain or intensify import
restrictions under this Article except to the extent necessary
(i) to forestall the imminent threat of, or to stop, a
serious decline in its monetary reserves, or
(ii) in the case of a Member with very low monetary reserves,
to achieve a reasonable rate of increase in its reserves;
/due regard E/CONF.2/C. 3/F/W. 28
Page 6
due regard being paid in either case to any special factors which
may be affecting the Member's reserves or need for reserves,
including, where special external credits or other resources are
available to it, the need to provide for the appropriate use of
sch -credits or resources.
(b) A Members applying restrictions under sub-paragraph (a)
shall progressively relax and ultimately eliminate them as
[such conditions] its external financial position improves,
in accordance with the provisions of that sub-aagraph.
Maintaining them only to the extent that the conditions
specified in that sub-paragraph still justify their application
This provision shall not be interpreted to mean that a Member
is required to relax or remove such restrictions if that
relaxation or removal would thereupon produce conditions
justifying the intensification or institution repectively of
restrictions under sub-paragraph (a). [They shall eliminate the
restrictions when conditions would no longer justify their
institution or maintenance under that sub-paragraph.]
(c) Membors undertake:
[(ii)] (i) not to apply restrictions so as to prevent
unreasonably the importation of any description
of goods in minimum commercial quantities, the
exclusion of which would impair regular channels
of trade, or restrictions which would prevent the
importation of commercial samples, or prevent
[compliance with patent, trademark, copyright,
or similar procedures the importation of such
minimum quantities of a product as may be
necessary to obtain and maintain patent, trademark,
copyright or similar rights under industrial or
intellectual property laws; and
[(iii)] (ii) to apply restrictions under this Article in such
a way as to avoid unnecessary damage to the
commercial or economic interests of any other
Member including interests under Articles 3 and 9.
(Secretariat note: paragraphs 3 (c) (i) and (ii) were
.paragraphs 3 (c) (ii) and (iii) of the Geneva text.)
/[3.] 4. (a) the E/CONF.2/C. 3/F/W. 28
Page 7
[3] 4. (a) 'The Members recognize that in the early years of the Organization
all of them will be confronted in varying degrees with problems of
economic adjustment resulting from the-war. During this period the
Organization shall, when required to take decisions under this Article
or under Article 23, take full account of the difficulties of post-war
adjustment and of the need which a Member may have to use import
restrictions as a step towards tho restoration of equilibrium in its
balance of payments on a sound and lasting basis.
(b) The Members recognize that, as a result of domestic policies
directed toward the fulfilment of a Member's obligations under
Article 3 relating to the achievement and maintenance of full and
productive employment and large and steadily growing demand. or its
obligations under Article 9 relating to the reconstruction or
development of industrial and other economic resources and to the
raising of standards of productivity, such a Member may experience
[a high level of demand for imports such pressure on its monetary
reserves as to justify restrictions under sub-paragrah 3 (a) of
this Article.
Accordingly:
(i) [notwithstanding the provisions of paragraph 2 of
this Article] no Member shall be required to withdraw
or modify restrictions on the ground that a change in
such policies would render unnecessary the restrictions
which it is applying under this Article.
(ii) any Member applying import restrictions under this Article
may determine the incidence of the restrictions an imports
of different products or classes or products in such a way.
as to give priority to the importation of those products
which are more essential in the light of such policies.
(c) Members undertake, in carrying out their domestic policies [:]
[(i)] to pay due regard to the need for restoring equilibrium in
their bal ance of payments on a sound and lasting basis and to the
desirability of assuring an economic employment of productive
resources [;]
[(ii)] (transferred to 2 (c) (i))
[(iii)] (transferred to 2 (c) (ii))
[4.] 5. (a) Any Member which is not applying restrictions under this Article,
but is considering the need to do so, shall, before instituting such
restrictions (or, in circumstances in which prior consultation is
impracticable, immediately after doing so), consult with the
/organization as to E/CONF. 2/C. 3/F/W.28
Page 8
Organization as to the nature of its balance-of-payments difficulties,
alternative-corrective measure which may be available and the
possible effect of -such measures on the economies of other Members.
No Member sall be required in the course of consultations under
this sub-paragraph to indicate in advance the choice or timing of
any particular measure which it may ultimately determine to adopt.
(b)..The Organization may at any time invite any Member which is
applying-imiport-restrictions under this Article to enter into such
consultations with it, and shall invite any Member substantially
intensifying such restrictions to consult within thirty days. A
Member thus invited shall participate in such discussions. The
Organization may invite any other. Member to take part in these
discussions. Not later than two years from the day on which this
Charter enters into force, the Organization shall review all
restrictions existing on that day and still applied under this
Article at the time of the review.
(c) Any Member may consult with the Organization with a view to
obtaining the prior approval of the Organization for restrictions
which the Member proposes, under this Article, to maintain, intensify
or institute, or for the maintenance intensification or institution
of restrictions under specified future conditions. As a result of
such consultations, the Organization may approve in advance the
maintenance, intensification or institution of restrictions by the
Member in question insofar as the general extent, degree of intensity
and duration of the restrictions are concerned. To the extent to
which such approval has been given, the requirements of
sub-paragraph (a) of this paragraph shall be deemed to hae been
fulfilled, and the action of the Member applying the restrictions
shall not be open to challenge under sub-paragraph (d) of this
-, paragraph on the ground that such action is inconsistent-with the
provisions of subaragraphes 2(a) and 2 (b) of this Article.
(d) Any Member which considers that another Member is applying
restrictions under this Article inconsistently with paragraph [2] 3
7 4 of this Article or with Article 22 (subject to the provisions
of Article 23) may bring the matter for discussion to the Organization;
and the Member applying the restrictions shall particpate in the
discussion. The Organization, if it is satisfied that there is a
prima facie case that the trade of the Member initiating the procedure
is adversely affected, shall submit its view to the parties with the
/aim of E/CONF. 2/C . 3/F/W. 28
Page 9
aim of achieving a settlement of the matter in question which is
satisfactory to the parties and to the Organization. If no such
settlement is-reached and if the Organization determines that the
restrictions are being applied inconsistently with paragraph [2] 3
[3] 4 of this Article or with Article 22 (subject to the :provisions
of Article 23), the Organization shall recommend the withdrawal or
modification of the restrictions. If the restrictions are not
withdrawn or modified in accordance with the recommendation of the
Organization within sixty days, the Organization may release any
Member from specified obligations under this Charter, towards the
Member applying the restrictions.
(e) In consultations between a Member and the Organization under
this paragraph there shall be full and free discussion as to the
various causes and the nature of the Member's balance-of-payments
difficulties. It is recognized that premature disclosure of the
prospective application, withdrawal or modification of any restriction
under this Article might stimulate speculative trade and financial
movements which would tend to defeat the purposes of this Article.
Accordingly, the Organization shall make provision for the observance
of the utmost secrecy in the conduct of any consultation.
[5.] 6 If there is a persistent and widespread application of import
restrictions under this Article, indicating the existence of a general
disequilibrium which is restricting international trade, the Organization shall
initiate discussions to consider whether other measures might be taken, either
by those Members whose balances of payments are under pressure or by those
Members whose balance of payments are tending to be exceptionally favourable,
or by any appropriate inter-governmental organization, to remove the underlying
causes of the disquilibrium. On the invitation of the Organization, Members
shall participate in such discussions.
Interpretative Note to Article 21
paragraph 3 (b) (i).
The phrase "notwithstanding the provisions of paragraph 2 of this Article"
has been included in the text to make it quite clear that a Members import
restrictions otherwise "necessary" within the meaning of sub-paragraph 2 (a)
shall not be considered unnecessary on the ground that a change in domestic
policies as referred to in the text could improve a Member's monetary reserve
position. The phrase is not intended to suggest that the provisions of
paragraph 2 are affected in any other way.
/Consideration was E/CONF.2/C. 3/F/W.28
Page 10
Consideration was given to the special problems that might be created
for Members which, as a result of their programmes of full employment,
maintenance of high and rising levels of- demand and economic dovelopment,
find themselves faced-with a high level of demand for imports, and in
consequence maintain quantitative regulation of their foreign trade. It
was considered that the present text. of Article 21 together with the
provision for export controls in certain parts of the Charter, e.g. in
Article 43, fully meet the position of these economies. |
GATT Library | cz475xd8211 | Draft Report to the Conference | United Nations Conference on Trade and Employment, February 27, 1948 | First Committee: Employment and Economic Activity | 27/02/1948 | official documents | E/CONF.2/C.1/23 and E/CONF.2/C.1/1-26 | https://exhibits.stanford.edu/gatt/catalog/cz475xd8211 | cz475xd8211_90180261.xml | GATT_145 | 663 | 4,993 | United Nations Nations Unies UNRESTRICTED
E/CONF. 2/C.1/23
CONFERENCE CONFERENCE 27 February 1948
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
FIRST COMMITTEE: EMPLOYMENT AND ECONOMIC ACTIVITY
DRAFT REPORT TO THE CONFERENCE
1. The First Committee was responsible for the examination of the Geneva draft
text of Chapter II on "Employment and Economic Activity", together with
proposals submitted by Delegations relating to the subject matter of the
Chapter.
2. Mr. J. J. DEDMAN (Australia) was elected Chairman. Mr. E. WAERUM (Denmark)
was elected Vice-Chairman.
3. The committee held [twelve] meetings and succeeded in resolving all
issues before it (E/CONF.2/C.1/SR.1-12). Mr. DEDMAN presided at the first
ten meetings and Mr. WAERUM at the last [two] meetings.
4. To facilitate its work the Committee established three sub-committees,
5. The First Sub-Committee was appointed to consider proposals relating to
the article on "Fair Labour Standards" and consisted of the representatives of
Argentina, Ceylon, China; Colombia, Cuba, Czechoslovakia, Denmark, Mexico,
the Netherlands, New Zealand, Turkey, Union of South Africa, United States
of America and Uruguay. Dr. D. K. LIEU (China) was chairman of this
sub-committee, The Sub-Committee's report is contained in E/CONF.2/C.1/9.
6. The Second Sub-Committee was appointed to examine proposals relating to
the other articles of the Chapter and consisted of the representatives of
Australia, Canada, France, India, Italy, Lebanon, Norway, Peru, Philippines,
United. Kingdom and the United States of America. M. Jean ROYER (France) served
as chairman of the sub-committee. The report of the Sub-Committee is contained
in E/CONF.2/C.1/10.
7. The Third Sub-Committee was set up to consider the draft resolution on
employment which had been prepared by the First Session of the Preparatory
Committee, together with any new proposals which might be submitted relating
to this subject. This Sub-Committee consisted of the representatives of
Australia, Belgium, Brazil, France, Italy; Lebanon, Mexico, Pakistan, Poland,
El Salvador, Sweden, the United Kingdom and the United States of America..
Mr. J. H. G. PIERSON (United States) served as Chairman. The report of this
Sub-Committee is given in E/CONF.2/C.1/17).
8. In the preparation of the text of the Chapter assigned to it, the First
Committee has taken account of the suggestions put forward by the Central
/Drafting E/CONF.2/C.1/23
Page 2
Drafting Committee in documents E/CONF.2/C.8/1/Rev.1 and E/CONF.2/C.8/7.
9. The reports of the Sub-Committees and of the Central Drafting Committee
were accepted with the modifications indicated in the Summary Records of
the First Committee. The text of Chapter II, as recommended Unanimously by
the First Committee for approval by the Conference, is attached to the present
report (Annox 1). A summary list of the documents. containing the proposals
which wore considered by the Committee in preparing the text of the Chapter
is set forth in an attachment to this report (Annex 2).
10. The First Committee has already transmitted to the Conference; and a.
Plenary Session of the Conference has already acted upon, the text of a.
resolution to the Economic and. Social Council relating to employment (see
E/CONF. 2/27 and. E/CONF.2/SR.13). E/CONF.2/C.1 /23
Page 3
TEXT OF CHAPTER II AS APPROVED BY THE FIRST COMMITTEE
(The text of the Chapter as approved at the eleventh and twelfth meetings of
the Committee will be insorted here in the. version of this report to be
submitted to the Conference.)
/ANNEX 2 E/CONF.2/C.1/23
Page 4
ANNEX 2 I . A
OCUMENDZ DOBT NUM3ESR OF POPLAOBMILSMITTEKATINGMG
CH CHAPTER II - EMPYMENT AND ECOECNOMIC ACTIVYIT
Article 2
E/CONF.12/l1/Add.4
BCNF.2/11/Add..18
E/CONF.2/11/Add.28
Article 3
E/CONF. 2/11/Add.18
E/CONF.2/11/Add.28
E/CONF.2/C.1/3/Add.4.
E/CONF.2/C.1/3/Add.7
Article 4 (Formerly Article 5)
E/CONF.2/11/Add.32 and E/CONF.2/C.1/7/Corr.l
E/CONF.2/C.1/3/Add.6
Article 5 (Formerly Article 6)
E/CONF.2/11/Add.31
Article 6(Formorly Article 7)
E/CONF.2/C.1/7/Add.2
E/CONF.2/C.1/21
Article 7 (Formorly Article 4)
E/CONF.2/11/Add.3
E/CONF.2/11/Add.4
E/CONF.2/11/Add.23
E/CONF. 2/11/Add. 28
E/CONF. 2/11/Add. 31
E/CONF.2/11/Add.33
E/CONF.2/C.1/3/Add.1
E/CONF.2/C.1/3/Add.2
E/CONF.2/C.1/3/Add.3
E/CONF.2/C.1/3/Add.4
E/CONF.2/C.1/3/Add.5
E/CONF.2/C.1/7/Add.1
/ . / 5 A ~ .1
(Peru)
(Italy)
(Mexico)
(Italy)
(Mexico)
(Philippino)
(Norway)
(Peru)
(Domrk)
(Mexico)
(Norway)
(Norway)
(Argentina)
(Peru)
(Bura)
(Mexico)
(Mexico)
(Cc)
(Haiti)
(Uruguay)
(Union of South Africa) .
(Philippin)
(Colombia)
(Consequential Amendmt
by the Unit States of America
(Belgium) |
GATT Library | xq640hp6342 | Draft Report to the Conference | United Nations Conference on Trade and Employment, January 28, 1948 | Fourth Committee: Restrictive Business Practices | 28/01/1948 | official documents | E/CONF.2/C.4/15 and E/CONF.2/C.4/1-25 | https://exhibits.stanford.edu/gatt/catalog/xq640hp6342 | xq640hp6342_90190658.xml | GATT_145 | 2,226 | 14,326 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.4/15
ON DU 28 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
FOURTH COMMITTEE: RESTRICTIVE BUSINESS PRACTICES
DRAFT REPORT TO THE CONFERENCE
1. The Fourth Committee, established by a decision of the Third Plenary
Meeting to examine Chapter V, of the Geneva Draft, (Restrictive Business
Practices) has considered all the amendments proposed to that Chapter and,
subject to the reservations mentioned in Part I of this Report, has agreed
on the new text of Chapter V, as it appears in Part III of this document.
2. Dr. C. CHARLONE (Uruguay) was appointed Chairman, and
Mr. A. J. Van VELDON (South Africa) Vice-Chairman; on Mr. Van VELDON's
departure from Cuba on 16 January 1948, Mr. B. N. BANERJI (India) was
appointed as his successor.
3. After the first reading of the text, the Committee set up a
Sub-Committee to study all the amendments proposed in relation to Chapter V.
Mr. J. H. LOPEZ AIGAR (Mexico) was appointed Chairman of the Sub-Committee,
Which was composed of representatives of the ten following delegations:
Argentina, Belgium, Canada, Ecuador, India, Iraq, Mexico, Norway,
United Kingdam. and United States.
The Sub-Committee held twenty-three meetings and submitted its final report
to the Fourth Committee on 10 January 1948 (document E/CONF.2/C.4/5).
4. The Committee has held eleven meetings.
PART I
GENERAL COMMENTS
5. The delegations of Ceylon, India, Pakistan and Venezuela reserved their
positions on Chapter V, and especially on Article 50, pending the outcome
of discussions on the new Article 18A.
The delegations of Denmark, France, Greece, Netherlands, Norway and
Sweden reserved their positions on Article 50, pending the outcome of
discussions on the new Article 18A.
6. The delegation of Argentina has reserved its position in respect of
the inclusion of "public commercial enterprises" within the scope of
Chapter V and in respect to Article 50. In this connection the Committee
made a clear distinction between the state acting in a legislative or
/executive capacity E/CONF.2/C.4/15
Page 2
executive capacity and the state pursuing the activities of a business
enterprise. It was considered important to point out that the inclusion
of business practices of public commercial enterprises in Chapter V does
not infringe upon the sovereignty of the state itself, but is designed
to bring within the framework of the Chapter the business practices of
public commercial enterprises insofar as they may harmfully affect
International trade.
7. As an aid to proper interpretation of the words 'decide' and 'decision'
a new sub-paragraph was added to Article 51, and it was decided to incorporate
the folIowing explanitory note in the report of the Committee:
"The words 'decide' and 'decision' ('constate' and 'constatation'
in the French text) as used in Articles 44, 45A (except in paragraphs 3
and 4) and 47 relate to conclusions by the Organization whether or not
particular practices have had, have or are about to have the harmful
effects described in paragraph 1 of Article 44, and do not prescribe
the obligations of Members. Members' obligations regarding these
'decisions' are set out in the relevant paragraphs of Article 47.
Therefore, such 'decisions' (or constatations) are not to be construed
as binding the legislative, executive or judicial activities of
Member States". .
The Comittee discussed the relation betwaeen Chapte VIrI V ed Chapter.
and without prejudice to the right of any delegation to bring up the matter
in the plenary session agreed to send the following nmote to Sub-Comittee G
of Cmnttee VI:
"After full discumssion the Comittee felt that the question
was full of compexities and that it was difficult toforesee at
this stage all implications of the cases that may in practice
arise. They, therefore, agreed that it would be impracticable
at this juncture to attempt any precise definition of the
relatioship between the two chapters".
PECART IIMM - SPIAL COENTS
ARTICLE 44 .
9. In paragraph 1 of Article 44 the words "and shall co-operate with the
Organization'" were substituted for the words "individually or through the
Organizati or in both pways" in order to ex-rss the general principle of
co-operation between members and the Organization".
10. In c onsidering paragraph2, sub-paragr4aph (c) of Article 4, the
Cittee was of' te opinion that the expression "effective control of
/trade between E/CONF.2/C.4/15
Page 3
trade between two or more countries" was open to possible misinterpretation.
The amendment is designed to make it clear that the activities of an
enterprise which has been granted sole rights of import or export of a
particular product in a particular country, and which might, therefore, be
said to have de jure control of trade between that country and any other,
will not be liable to complaint unless it also has de facto control of trade
and is in a position to exert monopolistic pressure on its suppliers or
customers to accept certain terms or conditions. It is clear that if a
Member's exports or imports of a product are a negligibly small proportion
of international trade, business practices of firms under that Member's
Jurisdiction in respect of this product could not be subject to complaint.
Generally speaking an enterprise situated in one country will not be in a
position to exert such de facto control of trade with any other single
country unless it also controls trade among several countries, and it is
for this reason that the Committee introduced the more general expression
effective control of trade among a number of countries". This phrase is
also intended to cover the less frequent case of an enterprise which exerts
de facto control of trade between two countries only.
11. In Article 44, paragraph 3 (a) the term "third parties" has been
changed to read "others" in order to maintain uniformity with the French
text of the Geneva Draft of the Charter and to reflect the understanding
of the representatives of some delegations as to the meaning of this
sub-paragraph. It was the Committee's view that the language should be
broad enough to allow the procedures of Chapter V to be applied to
(i) cases in which two or more parties agree upon the terms of their
behaviour towards other parties, including prices or other conditions of
doing business with such other parties; and (ii) cases in which "one"
enterprise, including a complex of firms related by common ownership of
same or all of their respective capital, engage in the practice of
monopolistic extortion towards other buyers or sellers.
The Committee emphasizes that this sub-paragraph is not to be construed
as applying to simple price situations where, for example, an enterprise
during the period of a "sellers" market may be charging prices higher than
could normally be obtained. It was not the Committee's intention that the
Organization should exercise functions similar to those of a national price
control agency. The Committee points out that sub-paragraph 3 (a), like
all other sections of paragraph 3, can be construed only together with
paragraphs 1 and 2.
/12. In the French E/CONF.2/C .4/15
Page 4
12. In the French text of sub-paragraph (c) , paragraph 3 of this Article,
the word "determinees" was substituted for the word "particulieres", as
the latter word could be misinterpreted as meaning "privates".
ARTICLE 45A
13. "The Committee feels that paragraph 7 of Article 45A is of considerable
importance. This paragraph provides that if the Organization decides that
certain restrictive business practices have harmful effects, it shall call
upon the Members concerned to take remedial action. The paragraph provides
further that the Organization may make recommendations to the Members
concerned regarding remedial measures to be taken in the particular case.
In view of its importance the Committee calls attention to this
distinction between a decision of the Organization and a recommendation.
The term decision relates to conclusions by the Organization as to whether
the practices in question have harmful effects. The term recommendation
relates to specific or general suggestions formulated and advanced by the
Organization which set forth a course of action that might be followed to
advantage by the Members concerned in remedying the situation under complaint.
It is not contemplated in paragraph 7 that in every case such a recommendation
would be proper or necessary. In simple situations involving one, or perhaps
two countries, a recommendation by the Organization might not be appropriate;
however, in complex cases involving a number of countries, it is frequently
difficult, if not impossible, for one country to act effectively and properly
in the absence of knowledge as to the lines of conduct which other countries
propose to follow. In the view of the Committee it appears inadvisable to
require the Organization to make recommendations in every case or to define
the type of cases in which recommendations would be appropriate. This matter
should be left to the discretion of the Organization.
ARTICLE 47
14. In Article 47, the transposition of the words "in accordance with the
Member's system of law and economic organization" and the addition of the
word "constitution" to paragraph 1, are intended to make it clear that in
implementing the obligations undertaken by a Member in terms of this Article
it has to proceed in accordance with its own system of political and economic
organization. The nature of the exact legal or administrative implementation
of these obligations would accordingly vary from country to country, and no
impairment of fundamental legislation or basic economic policy would be
involved in giving effect to a Member's obligations under this Article.
In other words the phrase "system of law" is complementary to the words
"constitution" or "basic legislation". The words "constitution" and
/"system of law" E/CONF.2/C.4/15
Page 5
"system of law" represent two different concepts - one the actual existence
of basic fundamental legislation, and the other the general legal framework
within which remedial action was carried out by a Member of the Organization.
15. A small amendment in Article 47 (1) makes it clear that the practices
referred to in Article 47 and in respect of which Members undertake
obligations are those which meet the conditions of paragraphs 1, 2 and 3 of
Article 44.
ARTICLE 4
1t. It wasthe intention of 'he Committee that the co-operative action.
permitted under Article 48, paragraph 1, should be entirely voluntary and
tbat thisArticasle should nnot -e constn upod Aimplying any obligatioa-on'
members to participate in co-operative action. The Committee was also of
the opinion that theparties to such co-operative action should be those&
members directl intereste d in any particular instance'f restrictive
business practces.-
ARTICLE 50
17. The aterati "ofte word "banking" in the first sentence of Article 50
mmerci(1) to the phr asekshe c edservieds o maf-bas", is designs& tmak, -
it perfectly clear that the banking operations to which the paragraph refers
are simple financial smarvic es directly and intiatelyconnected with
international commercial transactions such as the provision of short-term
credit facilities to cover imports and exports of goods; and the alteration
of mtprse"ln reatio 't the" to the phrase "enterprises engaged in
these activities in internati tnal trade" is intendedto show that the
paragraph refers only to bcanking institutions whih are themselves directly
engamged in international comercial transactions.
The Committee agreed that the provisions of Article 50 do not refer
to such activities as the regulation of internal credit or of internal
monetary circulation by a central bank or to longer term international
lending by a governmental agency.
18. On the question of whether electricity should be considered as a
product and its trommnns Commic as a service, theittefelt that
it should be left to the Organization itself to come to a conclusion.
ARTICLE 51
19. The first sentence ohef paragraph 1 of t new Article 51 is intended
to make it clear E/CONF. 2/C.4/15
Page 6
to make it clear that action by commercial enterprises necessary to implement
for instance, an inter governmental commodity control agreement which meets
the requirements of Section C of Chapter VI cannot be subject to challenge
under Chapter V, but that effects of such action which are restrictive
beyond the scope and purposes of the said agreement may be subject to
complaint.
20. The Committee agreed that the use of the words "may have" in
paragraph 1 of this Article (51) did not entail any extension of the
provisions of Chapter V.
21. Paragraph 2 (a) specifically lays down that single contracts of purchase,
sale or lease concluded between two commercial enterprises whether public
or private, shall not except in the special circumstances set out in the
proviso be considered as falling within the meaning of the term "business
practices" as used in this Chapter. It was believed that this provision
would be a safeguard against certain types of complaints which did not
properly fall within the scope of Chapter V.
22. An alteration in the definition of public enterprises was made in
paragraph 2 (b) (1) in order to distinguish between the actions of a State
when acting in its sovereign legislative or administrative capacity and
when acting in a trading or commercial capacity. In the former case the
actions of a State are not subject to investigation under Chapter V. ;
23. The delegation of India has accepted Sub-paragraph (d) provisionally
and has reserved its rights to reconsider its position in the plenary session.
PARTIII
The text of Chapter V as revised by the Central Drafting Committee
is being issued as a separate document (E/CONF.2/C.8/2). |
GATT Library | wx596xv6012 | Draft report to the Conference | United Nations Conference on Trade and Employment, January 17, 1948 | Fifth Committee: Inter-Governmental Commodity Agreements | 17/01/1948 | official documents | E/CONF.2/C.5/W.5 and E/CONF. 2/C. 5/W. 1-6 C. 56/W. 1-3 WHITE PAPERS | https://exhibits.stanford.edu/gatt/catalog/wx596xv6012 | wx596xv6012_90200076.xml | GATT_145 | 5,955 | 40,857 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.5/W.5
ON DU 17 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOl ORIGINAL: ENGLISH
FIFTH COMMITTEE: INTER-GOVERNMENTAL COMMODITY AGREEMENTS
DRAFT REPORT TO THE CONFERENCE
PART I
1. The Fifth Committee was charged with the examination of the Geneva draft
of Chapter VI - Inter-governmental Commodity Agreements, together with the
amendments to this Chapter proposed by delegations.
2. Mr. George HAKIM (Lebanon) was appointed Chairman.
3. The Committee held 14 meetings and was able to resolve all issues before
it. To facilitate its work the Committee established two Sub-Committees: a
Drafting Sub-Committee composed of the representatives of Argentina,
Australie, Colombia, France, Indie, Netherands, United Kingdom, United States
of America; and Sub-Committee 'A' composed of the representatives of Argentina,
Australia, Colombia, Cuba, Egypt, El Salvador, France, India, Italy,
Netherlands, Pakistan, Sweden, United Kingdom and the United States of America.
The report of the Drafting Sub-Committee is contained in document
E/CONF.2/C.5/8 and the Report of Sub-Committee 'A' is in document
E/CONF.2/C.5/9.
4. Part II of this Report sets out the complete text of Chapter VI as agreed
by the Committee. A number of drafting points relating to this text have
been referred to the Central Drafting Committee for consideration. The
Delegations of Cuba and Chile reserved their position on Articles 54 (c) and
60 (a) of this text and the Delegations of Colombia, El Salvador and Guatemala
reserved their position on the action by the Committee rejecting the Colombian
proposal for a new Article.
5. Part III includes for each Article of Chepter VI the document references
on amendments proposed, the action taken by the Committee and any changes in
text agreed upon.
/PART II E/CONF.2/C.5/W.5
Page 2
PART Il
RECOMMENDED TEXT OF CHAPTER VI*
CHAPTER VI
INTER-GOVERNMENTAL COMMODITY AGREEMENTS
SECTION A - INTRODUCTORY CONSIDERATIONS
Article 52
Difficulties Relating to Primary Commodities
The Members recognize that the conditions under which some primary
commodities are produced, exchanged and consumed are such that international
trade in these commodities may be affected by special difficulties such as
the tendency towards persistent disequilibrium between production and
consumption, the accumulation of burdensome stocks and pronounced fluctuations
in prices. These special difficulties may have serious adverse effects on
the interests of producers and consumers, as well as widespread d repercussions
jeopardizing the general policy of economic expansion. The Members recognize
that such difficulties may, at times, necessitate special treatment of the
international trade in such commodities through inter-governmental agreement.
Article 53
Primary and Related Commodities
1. For the purposes of this Chapter the term "primary commodity means
any product of farm, forest or fishery or any mineral, in its natural form
or which has undergone such processing as is customarily required to
prepare it for marketing in substantial volume in international trade.
2. The term shall also cover a group of commodities, of which
one is a primary commodity as defined in paragraph 1 of this Article
and the others are commodities whether primary or non-primary) which
are so closely related, as regards conditions of production or
utilization, to the other commodities in the group, that it is appropriate
to deal with them in a single agreement.
3. If, in exceptional circumstances, the Organization finds that the
conditions set forth in Article 59 exist in the case of a commodity which
does not fall precisely undor paragraphs 1 or 2 of this Article, the
Organization may decide that the provisions of this Chapter, together with
* Subject to examination by the Central Drafting Committee.
/any other E/CONF.2/C.5/W.5
Page 3
any other requirements it may establish, shall apply to inter-governmental
Article 54
Agreements
The Members recognize that inter-governmental commodity agreements
are appropriate for the achievement of the following objectives:
(a) to prevent or alleviate the serious economic difficulties
which may arise- when adjustments between production and consumption
cannot be defected by normal market forces alone as rapidly as the
circumstances require;
(b) to provide, during the period which may be necessary, a
framework for the consideration and development of measures which
have as their purpose economic adjustments designed to promote the
expansion of consumption or a shift of resources and manpower out of
over-expanded industries into new and productive occupations,
including, as far as possible, in appropriate cases, the development
of secondary industries based upon domestic production of primary
(c) to Prevent or moderate pronounced fluctuations in the price
of a primary commodity with a view to achieving a reasonable degree
of stability on a base of prices fair to producers and consumers,
having regard to the desirability of securing long-term equilibrium
between the forces of supply and demand;
(d) to maintain and develop the natural resources of the world
protect them from unnecessary exhaustion;
(e) to provide for the expansion of the production of a primary
commodity where this can be accomplished with advantage to consumers
and producers, including in appropriate cases the distribution of
basic foods at special prices;
(f) to assure the equitable distribution of a primary commodity in
short supply.
SECTION B - INTER-GOVERNMENTAL COMMODITY AGREEMENTS IN GENERAL
Article 55
Commodity Studies
1. Any Member which considers itself substantially interested in the
production or consumption of, or trade in, a particular primary commodity,
and which considers that international trade in that commodity is, or is
likely to be, affected by special difficulties shall be entitled to ask
that a study of the commodity be made.
/2. Unless E/CONF.2/C.5/W.5
Page 4
2. Unless it decides that a prima fecie case has not been established,
the Organization shall promptly invited each Member to appoint representatives
to a study group to make a study of the commodity if the Member considers
itself substantially interested in the producticn or consumption of, or
trade in, the commodity. Non-Members may also be invited.
3. The study group shall promptly investigate the production, consumption
and trade situation in regard to the commodity, and shall report to the
participating Governments and to the Organization its finding and its
recommendations as to how-best to deal with any special difficulties which
exist or me be expected to arise. The Organization shall promptly
transmit to the Members these findings and recommendations.
Article 56
Commodity Conferences
1. The Organization shall promptly convene an inter-governmental conference
to discuss measures designed to meet the special difficulties which exist or
are expected to arise concerning a particular primary commodity:
(a) on the basis of the recommendations of a study group,
(b) at the request of Members whose interests represent a
significant part of world production or consumption of, or
trade in, that commodity,
(c) at the request of Members which consider that their economies
are dependent to an important extent on that commodity, unless the
Organization finds that no useful purpose could be achieved by
convening the conference, or
(d) on its own initiative, on the basis of information agreed
to be adequate by the Members substantially interested in the
production or consumption of, or trade in, that commodity.
2. Each Member which considers itself substantially interested in the
production or consumption of, or trade in, the commodity concerned, shall
be invited to participate in such a conference. Non-Members may also be
invited to participate.
Article 57
General Principles Governing Inter-Governmental
Commodity Agreements
1. The Members shall observe the following principles governing the
conclusion and operations of all types of inter-governmental commodity
agreements:
(a) such agreements shall be open to participation initially by
any Member on terms no less favourable than those accorded to any
other country and thereafter in accordance with such prodedure
/and upon E/CONF.2/C.5/W. 5
Page 5
and upon such terms as may be established in the agreement subject
to approval by the Organization;
(b) non-Members may be invited by the Organization to participate
in such agreements and the provisions of sub-paragraph (a) applying
to Members shall apply to any non-Member so invited;
(c) under such agreements there shall be equitable treatment as
between participating countries and non-participating Members,
and the treatment accorded by participating countries to non-
participating Members shall be no less favourable than that
accorded to any non-participating non Member, due consideration
being given in each case to polices adopted by non-participants
in relation to obligations assumed and advantages conferred under
the agreement;
(d) such agreements shall include provision for adequate
Participation of countries substantially interested in the
importation or consumption of the commodity as well as those
substantiaIIy interested in its exportation or production;
(e) full publicity shall be given to any inter-governmental
commodity agreement proposed or concluded, to the statements of
considerations and objectives advanced by the proposing Members,
to the nature and development of treasures adopted to correct the
underlying situation which gave rise to the agreement and,
periodically, to the operation of the agreement.
2. The Members, including Members not parties to a particular commodity
agreement, shall give favourable consideration to any recommendation made
under such agreement for expanding consumption of the commodity in question.
Article 58
Types of Agreements
1. For the purposes of this Chapter, there shall be recognized two classes
of inter-governmental commodity agreements:
(a) commodity control agreements as defined in this Article; and
(b) other inter-governmental commodity agreements.
2. Subject to the provisions of paragraph 5 of this Article, a commodity
-control agreement is an inter-governmental agreement which involves:
(a) the regulation of production or the quantitative control of
exports or imports of a primary commodity and which has the
purpose or might have the effect of reducing, or preventing an
increase in, the production of, or trade in, that commodity, or
(b) the regulation of prices.
/3. The E/CONF.2/C.5/W.5 Page 6
3. The Organization shall, on the request of a Member, a study group or
a commodity conference, decide whether on existing or proposed inter-
governmental agreement is a commodity control agreement within the meaning
of paragraph 2 of this Article.
4. (a) Commodity control agreements shall be subject to all the
provisions of this Chapter.
(b) Other inter-governmental commodity agreements shall be
subject to the provisions of this Chapter other than those
of Section C. If, however, the Organization decides that an
agreement which involves the regulation of producton or the
quantitative control of exports or imports is not a commodity
control agreement within the meaning of paragraph 2 of this
Article, it shall prescribe the provisions of Section C, if any,
to which that agreement shall conform.
5. An existing or proposed inter-governmental agreement which has the
purpose of securing the co-ordinated expansion of aggregate world production
and consumption of a primary commodity may be treated by the Organization as
not being a commodity control agreement even though the agreement provides
for the future application of price provisions; Provided that
(a) at the time the agreement is entered into, a commodity
conference find that the conditions contemplated are in
accordance with Article 59, and
(b) from the date on which the price provisions become operative,
the agreement shall conform to all the provisions of Section C
except that no further action will be required. under Article 59.
6. The Members shall enter-into any new commodity control agreement only
through a conference called in accordance with Article 56 and after an
appropriate finding has been made in accordance with Article 59. If, in
exceptional case, there has been unreasonable delay in the convening or
in the proceeding of the study group or of the commodity conference,
Members which consider themselves substantially interested in the production
or consumption of, or trade in, a particular primary commodity, may proceed,
by direct negotiation, to the conclusion of an agreement, provided, that
the situation falls within the cases contemplated in Article 59 (a) or (b)
and that it conform to the other provisions of this Chapter.
SECTION C - INTER-GOVERNMENTAL COMMODITY CONTROL AGREEMENTS
Article 59
Circumstances Governing the Use of Commodity Control Agreements
The Members agree that commodity control agreements may be entered
into only when a finding has been made through a commodity conference
/or trough the E/CONF.2/C.5/W.5
Page 7
or through the Organization by consultation and general agreement among
Members substantially interested in the commodity, that:
(a) a burdensome surplus of a primary commodity has developed or
is expected to develop, which, in the absence of specific governmental
action, would cause serious hardship to producers among when are small
producers who account for a substantial portion of the total output,
and that these conditions could not be corrected by normal market
forces in time to prevent such hardship, because, characteristically
in the case of the primary commodity concerned, a substential
reduction in price does not readily load to a significant increase in
consumption or to a significant decrease in production or
(b) widespread unemployment or under-employment in connection with
a primary commodity, arising out of difficulties of the kind referred
to in Article 52, has developed or is expected to develop, which, in
the absence of specific governmental action, would not be corrected
by normal market forces in time to prevent widespread and undue
hardship to workers because, characteristically in the case of the
industry concerned, a substantial reduction in price does not readily
lead to a significant increase in consumption but to a reduction of
employment, and because areas in which the commodity is produced in
substantial quantity do not afford alternative employment opportunities
for the workers involved.
Article 60
Additional Principles Governing Commodity Control Agreements
The Members shall observe the following principles governing the
Conclusion and operation of commodity control agreements in addition to
those stated in Article 57:
(a) Such agreements shall be designed to assure the availability of
supplies adequate at all times for world demand at prices in
the light of Article 54 (c), and, when practicable, shall provide for
measures designed to expand world consumption of the commodity;
(b) under such agreements, participating countries which are largely
interested in imports of the commodity concerned shall, in decisions
on substantive matters, have together a number of votes equal to that
of those largely interested in obtaining export markets for the
commodity. Any participating country, which is largely interested in
the commodity but which does not fall precisely under either of the
above classes, shall have an appropriate voice within such classes;
/(c) such E/CONF.2/C.5/W.5
Page 8
(c) such agreements shall make appropriate provision to afford
increasing opportunities for satisfying national consumption and
world market requirements from sources from which such requirements
can be supplied in the most effective and economic manner, due
regard being had to the need for preventing serious economic and
social dislocation and to the position of producing areas suffering
from abnormal disabilities;
(d) participating countries shall formulate and adopt programmes
of internal economic adjustment believed to be adequate to ensure
as much progress as practicable within the duration of the agreement
towards solution of the commodity problem involved.
Article 61
Administration of Commodity Control Agreements
1. Each commodity control agreement shall provide for the establishment of
a governing body, herein referred to as a Commodity Council, which shall
operate in conformity with the provisions of this Article.
2. Each participating country shall be entitled to have one representative
on the Commodity Council. The voting paper of the representatives shall
be determined in such a way as to conform with the provision of
Article 60 (b).
3. The Organization shall be entitled to appoint a non-voting representative
to each Commodity Council and may invite any competent inter-governmental
organization to nominate a non-voting representative for appointment to a
Commodity Council.
4. Each Commodity Council shall appoint a non-voting chairman who, if
the Council so requests, may be nominated by the Organization.
5. The Secretariat of each Commodity Council shall be appointed by the
Council after consultation with the Organization.
6. Each Commodity Council shall adopt appropriate rules of procedure and
regulations regarding its activities. The Organization may at any time
require their amendment if it finds that they are inconsistent with the
provisions of this Chapter.
7. Each Commodity Council shall make periodic reports to the Organization
on the operation of the agreement which it administers. In addition it
shall make such special reports as the Organization may require or as the
Council itself considers to be of value to the Organization.
8. The expenses of a Commodity Council shall be borne by the participating
countries.
/9. When an E/CONF.2/C.5/W.5
Page 9
9. When an agreement is terminated, the Organization shall take charge
of the archives and statistical material of the Commodity Council.
Article 62
Initial Term, Review and Renewal of Commodity Control Agreements
1. Commodity control agreements shall be concluded for a period of not
more than five years. Any renewal of a commodity control agreement,
including agreements reerred to in paragraph 1 of Article 65, shall be
for a period not exceeding five years. The provisions of such renewed
agreements shall conform to the provisions of this Chapter.
2. Periodically, at intervals not greater than three years, the
Organization shall prepare and publish a review of the operation of each
agreement in the light of the principles set forth in this Chapter.
Moreover, a commodity control agreement shall provide that, if the
Organization decides that its operation has failed substantially to conform
to the principles laid down in this Chapter, participating countries
shall either revise the agreement to conform to the principles or
terminate it.
3. Commodity control agreements shall include provisions relating to
withdrawal of any party.
Article 63
Settlement of Disputes
Each commodity control agreement shall provide that:
(a) any question or difference concerning the interpretation of the
provisions of the agreement or arising out of its operation shall be
discussed original by the Commodity Council;
(b) if the question or difference cannot be resolved by the Council
in the terms of the agreement, it shall be referred by the Council
to the Organization, which shall apply the procedure set forth in
Chapter VIII with appropriate adjustments to cover the case of
non-Members.
SECTION D - MISCELLANEOUS PROVISIONS
Article 64
Relations with Inter-Governmental Organizations
With the object of ensuring appropriate co-operation in matters
relating to inter-governmental commodity agreements, any inter-governmental
organization which is deemed to be competent by the Organization, such as
the Food and Agriculture Organization, shall be entitled:
(a) to attend are study group or commodity conference;
(b) to ask that a study of a primary commodity be made;
/(c) to submit E/CONF.2/C.5/W.5 Page 10
(c) to submit to the Organization any relevant study of a primary
commodity, and, to recommend to the Organization that further
study of the commodity be made or that a commodity conference
be convended.
Article 65
Obligations of Members Regarding Existing and Proposed Commodity Agreements
1. Members shall transmit to the Organization the full text of each
inter-governmental commodity agreement in which they are participating
at the tine they become Members of the Organization. Members shall also
transmit to the organization appropriate information regarding the
formulation, provisions and operation of such agreements. If, after review,
the Organization finds that any such agreement is inconsistent with the
provisions of this Chapter, it shall communicate such finding to the Members
concerned in order to secure promptly the adjustment of the agreement to
bring it into conformity with the provisions of this Chapter.
2. Members shall transmit to the Organization appropriate information
regarding any negotiations in which they are participating at the time they
become Members of the Organization, for the conclusion of an inter-
governmental commodity agreement. If, after review, the Organization finds
that any such negotiations are inconsistent with the provisions of this
Chapter, it shall communicate such finding to the Members concerned in
Order to secure prompt action with regard to their continued partcipation
in such negotiations. The Organization may dispense with the requirements
of a study group or a commodity conference, if it finds them unnecessary
in the light of the negotiations.
Article 66
Territorial application
For the purposes of this Chapter, the terms "Member" and "non-Member"
shall mean respectively a Member and non-Member of the Organization with
its dependent territories, If a Member or non-Member and its dependent
territories form a group, of which one or more units are mainly interested
in the export of a commodity and one or more in the import of the commodity,
there may be either joint representation for all the territories within
the group or, where it is so desired, separate representation for the
territories mainly interested in exportation and separate representation
for the territories mainly interested in importation.
Article 67
Exceptions to Provisions Relating to Inter-Governmental Commodity Agreements
1. The provisions of this Chapter shall not apply:
/(a) to any E/CONF.2/C.5/W.5
Page 11
(a) to any bilateral inter-governmental agreement relating to the
purchase and sale of a commodity falling under Section D of
Chapter IV;
(b) to any inter-governmental commodity agreement involving no
more than one exporting country and no more than one importing
country, and not covered by sub-paragraph (a) above; Provided that
if, upon complaint of a non-participating Member, the Organization
finds that the interests of that Member are seriously preJudiced
by the agreement, the agreement shall become subject to such
provisions of this Chapter as the Organization me; prescribe;
(c) to those provisions of any inter-governmental commodity
agreement which are necessary for the protection of public morals
or of human, animal or plant life or health; Provided that such
agreements are not used to accomplish results inconsistent with the
objectives of Chapter V or Chapter VI;
(d) to any inter-governmental agreement relating solely to the
conservation of fisheries resources, rigratory birds and wild
animals; Provided that such agreements are not used to accomplish
results inconsistent with the objectives of this Charter and are
given full publicity in accordance with the provisions of Article 57,
paragraph 1 (e), and that if the Organization finds, upon complaint
of a non-participating Member, that the interests of that Member
are seriously prejudiced by the agreement, the agreement shall
become subject to such provisions of this Chapter as the Organization
may prescribe.
2. The provisions of Articles 55 and 56 and of Section C of this Chapter
shall not apply to inter-governmental commodity agreements found by the
Organization to relate solely to the equitable distribution of commodities
in short supply.
3. The provisions of Section C or this Chapter shall not apply to commodity
control agreements found by the Organization to relate solely to the
conservation or exhaustible natural resources.
/PART III E/CONF.2/C.5/W.5
Page 12
PART III
Statement showing for each Article:
1. Amendments proposed
2. Action taken by the Committee
3. Resulting change in Geneva text
CHAPTER VI - INTER-GOVERNMENTAL COMMODITY AGREEMENTS
SECTION A - INTRODUCTORY CONSIDERATIONS
Article 52
Difficulties Relating to Primary Commodities
1. There were no amendments proposed to this Article.
2. The footnote to the Geneva text was withdrawn.
3. The Committee accepted the Geneva text.
Article 53
Primary and Related Commodities
1. Amendments were proposed by the delegations of:
Chile (E/CONF.2/11/Add.30)
Italy (E/CONF.2/C.5/Add.2)
Uruguay (E/CONF.2/C.5/Add.12)
2. The Committee accepted the principle of the proposal by the delegation
of Chile that the definition should be uniform throughout the Charter, and
referred the matter to the Central Drafting Committee. The proposal of the
delegation of Italy was withdrawn. The Committee did not accept the proposal
by the delegation of Uruguay.
3. The Committee accepted the Geneva text.
Article 54
Objectives of Inter-Governmental Commodity Agreements
1. Amendments were proposed by the delegations of:
Ceylon (E/CONF.2/C.5/3/Add.6)
Chile (E/CONF.2/11/Add.30)
Cuba (E/CONF.2/C.5/3/Add.3)
El Salvador (E/CONF.2/C.5/3/Add.8)
Mexico (E/CONF.2/C.5/3/Add.9)
Philippine Republic (E/CONF.2/C.5/3/Add.7)
Uruguay (E/CONF.2/C.5/3/Add.12)
Venezuela (E/CONF.2/C.5/3/Add.11)
/2. (a) In consideration E/CONF.2/C.5/W.5
Page 13
2. (a) In consideration of the proposal by the delegation of Chile the
Committee revised the Preemble of this Article.
The delegation of El Salvador withdrew its proposed amendment to
the Preamble.
(b) Arising out of the proposal of the delegation of Mexico; the
Committee revised Sub-Paragraph (b) of this Article.
(c) The Committee recommended against acceptance of the proposals
by the delegations of Ceylon, Cuba, El Salvador, Mexico, Uruguay
and Venezuela to amend Sub-Paragraph (c). The Committee, however,
agreed to an amended version of the proposal originally made by the
Philippine delegation and substituted the phrase "fair to producers
and consumers" for "fair to consumers and renumerative to efficient
producers" in the Geneva text. The delegations of Chile and Cuba
recorded reservations against the Committee's action. The Committee
agreed, in view of the purpose of the Venezuelan proposal to amend
Article 59, to insert the words "prevent or" between."to" and "moderate"
in the Genava text.
(d) The proposal by the Cuban delegation to amend Sub-Paragraph (a)
was withdrawn. The Committee accepted an addition to the text
incorporating the sense of the footnote to the Geneva text.
(e) The proposal by the delegation of El Salvador to add two new
Sub-Paragraphs to this Article were withdrawn. The Committee decided
against acceptance of the now Sub-Paragraph proposed by the Uruguayan
delegation.
3. Changes from the Geneva text adopted by the Committee.
Preamble - revised:
"The Members recognize that Inter-governmental Commodity Agreements
are appropriate for the achievement of the following objectives:........."
Sub-Paragraph (a) - no change.
Sub-Paragraph (b) - The addition of -
"...... including, as far as possible, in appropriate cases, the
development of secondary industries based upon domestic production of
primary commodities;"
Sub-Paragraph (c) -
(i) Insertion of "prevent or" between "to" and "moderate" in
the first lines of the Geneva text.
(ii) Substitution of the words "producers and consumers" for
"consumers and renumerative to efficient producers"
Sub-Paragraph (d) - no change.
/Sub-Paragraph (e) E/CONF.2/C.5/W.5
Page 14
Sub-Paragraph (e) - The addition of -
".....including in appropriate cases the distribution of basic
foods at special prices;"
Sub-Paragraph (f) - no change.
SECTION B - INTER-GOVERNMENTAL COMMODITY AGREEMENTS IN GENERAL
Article 55
Commodity Studies
1. Amendments were proposed by the delegations of:
Ceylon (E/CONF.2/C.5/3/Add.6)
El Salvador (E/CONF.2/C.5/5/Add.3)
(E/CONF.2/C.5/3/Add.12)
2. To meet the proposal of the delegations of El Salvador and Uruguay
the Committee accepted the changes shown below for paragraph 1 and 2. The
Committee agreed that the intentions of the Ceylon proposals were in fact
covered by the existing text.
3. Changes from the Geneva text adopted by the Committee:
(a) Paragraph 1
Substitution of "considers itsself" for the word "is" in the first
line.
(b) Paragraph 2
Substitution of "itself" for the words "that it is".
(c) Paragraph 3
Deletion of the word "may" from the phrase "which may exist".
Article 56
Commodity Conferences
1. Amendments were proposed by the delegations of:
Ceylon (E/CONF.2/C.5/3/Add.6)
Egypt (E/CONF.2/C.5/3/Add.13)
El Salvador (E/CONF.2/C.5/5/Add.3)
Peru (E/CONF.2/C.5/3/.Add.4)
2. The proposals of the delegations of Peru and El Salvador to add a
new paragraph tc this Article were withdrawn. The revised paragraph 1 and
the change in paragraph 2 shown below were adopted by thê Committee to meet
the proposals of Ceylon, Egypt and the balance of the El Salvador amendment.
The possible need for insertion of "or" at the end of Sub-Paragraphs (a) and
(b) of paragraph l was referred to the Central Drafting Committee.
3. Changes from the Geneva text adopted by the Committee:
(a) Paragraph 1 (revised text)
"1. The Organization shall promptly convene an inter-governmental
conference to discuss measures designed to meet the special
/difficulties
. E/CONF.2/C.5/W.5
Page 15
difficulties which exit or are expected to arise concerning a
particular Commodity:
(a) on the basis of the recommendations of a study group,
(b) at the request of Members whose interested represent
a significant part of world production or consumption of, or
trade in, that commodity,
(c) at the request of Members which consider that their
economies are dependent to an important extent on that commodity
unless the Organization finds that no useful purpose could be
achieved by convening the conference, or
(d) on its own initiative, on the bases of information agreed
to be adequate by the Members substantially interested in the
production or consumption of, or trade in, that commodity."
(b) Paragraph 2
Substitution of "itself" for the words "that it is".
Article 57
General Principles Governing Inter-Governmental Commodity Agreements
1. An amendment was proposed by the delegation of the Philippines
(E/CONF.2/C.5/3/Add.7).
2. This proposal was withdrawn.
3. The Committee accepted the Geneva text.
Article 58
Types of Agreements
1. Amendments were proposed by the delegations of:
Mexico (E/CONF.2/C.5/3/Add.9)
India (E/CONF.2/11/Add.27)
2. To proved for a smooth transition at the time when an "expansion"
agreement becomes a control agreement, paragraph 5 was re-drafted. The
Committee re-drafted paragraph 6 to cover the first part of the Mexican
proposal, and the remaining two parts of this amendment were withdrawn. As
the amendment proposed by the Indian delegation was consequential to their
proposal to Article 64, it was dealt with during the consideration of that
Article.
3. Changes from the Geneva text adopted by the Committee:
Paragraph 5 - Revised.
"5. An existing or proposed inter-governmental agreement which has
the purpose of securing the co-ordinated expansion of aggregate world
production and consumption of a primary commodity may be treated by the
Organization as not being a commodity control agreement even though the
agreement provides for the future application of price provisions;
/Provided E/CONF.2/C.5/W.5
Page 16
Provided that
(a) at the time the agreement is entered into, a commodity
conference finds that the condition contemplated are in accordance
with Article 59, and
(b) from the date on which the price provisions become operative,
the agreement shall conform to all the provisions of Section C
except that no further action will be required under Article 59."
Paragraph 6 - Revised.
"6. The Members shall enter into any new commodity control agreement
only through a conference called in accordance with Article 56 and after
an appropriate finding has been made in accordance with Article 59.
If, in an exceptional case, there has been unreasonable delay in the
convening or in the proceedings of the study group or of the commodity
conference, Members which consider themselves substantially interested
in the production or consumption of, or trade in, a particular primary
commodity, may proceed, by direct negotiation, to the conclusion of an
agreement, provided that the situation falls within the cases
contemplated in Article 59 (a) or (b) and that it conform to the other
provisions of this Chapter."
SECTION C - INTER-GOVERNMENTAL COMMODITY CONTROL AGREEMENTS
Article 59
Circumstances Governing the Use of Commodity Control Agreements
1. Amendments were proposed by the delegations of:
Ceylon (E/CONF.2/C.5/3/Add.6)
Venezuela (E/CONF.2/11/Add.11)
2. Although the Committee did not accept the Ceylon proposal to delete
this Article, it endeavoured to meet the points made in the discussion of
this proposal by deleting paragraph 2 and inserting a revised preamble to
this Article. The Venezuelan proposal was dealt with by amending
Article 54 (c).
3. Changes from the Geneva text adopted by the Committee:
(a) Delete paragraph 2.
(b) Preamble revised to read:
"The Members agree that commodity control agreements may be
entered into only when a finding has been made through a Commodity
conference or through the Organization by consultation and general
agreement among Members substantially interested in the commodity,
that ..... "
/Article 60 E/CONF.2/C.5/W.5
Page 17
Article 60
Additional Principles Governing Commodity Control Agreements
1. There were no amendments proposed to this Article.
2. In order to incorporate the sense of the explanatory footnote to
Sub-Paragraph (a) the Committee agreed that the words "reasonable prices"
in the Geneva text should be replaced by the words "prices in the light of
Article 54 (c)." Consequential to their reservation to the Committee action
on Article 54 (c) the delegations of Chile and Cuba reserved their position
on this change. The Committee agreed to drop the explanatory footnote to
sub-paragraph (b) of this Article.
3. Changes from the Geneva text adopted by the Committee:
(a) Elimination of footnotes to Sub-Paragraphs (a) and (b).
(b) In Sub-Paragraph (a) substitution of the phrase "prices in the
light of Article 54 (c)" for the phrase "reasonable prices" in the
Geneva text.
Article 61
Administration of Commodity Control Agreements
There were no amendments proposed to this Article and the Committee
adopted the Geneva text.
Article 62
Initial Term, Review and Renewal of Commodity Control Agreements
1. An amendment was proposed by the delegation of Costa Rica
(E/CONF.2/11/Add.16).
2. The Committee did not accept this proposal and adopted the Geneva text.
Article 63
Settlement of Disputes
There were no amendments proposed to this Article and the Committee
adopted the Geneva text.
SECTION D - MISCELIANEOUS PROVISIONS
Article 64
Relations with Inter-Governmental Organizations
1. Amendments were proposed by the delegation of India (E/CONF.2/11/Add.27).
2. The Committee decided that this proposal together with a consequential
proposal to Article 58 should not be accepted. However, it was agreed to
delete the words "on the basis thereof" from Sub-Paragraph (c) of the Geneva
test.
3. Changes from the Geneva text adopted by the Committee:
Delete "on the basis thereof" from Sub-Paragraph (c).
/Article 65 E/CONF.2/C.5/W.5
Page 18
Article 65
Obligations of Members Regarding Existing and Proposed Commodity Agreements
1. Amendments were proposed by the delegation of Argentina
2. The Committee adopted a revised text incorporating the intention of
these amendments.
3. Changes from the Geneva text adopted by the Committee:
(a) Paragraph 1 - Replace the third (last sentence) of the Geneva
text by:
"If, after review, the Organization finds that any such
agreement is inconsistent with the provision of this Chapter, it
shah communicate such finding to the Members concerned in order
to secure promptly the adjustment of the agreement to bring it
into conformity with the provisions of this Chapter."
(b) Paragraph 2 - Replace the second sentence in the Geneva text by:
"If, after review, the Organization finds that any such
negotiation are inconsistent with the provisions of this Cbapter,
it shall communicate such finding to the Members concerned in order
to secure prompt action with regard to their continued
participation in such negotiations."
Article 66
Territorial Application
There were no amendments proposed to this Article and the Committee
adopted the Geneva text.
Article 67
Exceptions to Provisions Relating to Inter-Governmental Commodity Agreements
1. Amendments were proposed by the delegations of:
Norway (E/CONF.2/C.5/3/Add.10)
United States (E/CONF.2/C.5/3/Add.5)
2. The Committee adopted a new sub-paragraph 1 (d) covering the proposal
by Norway and recommended to the Third Committee that a comparable exemption
be inserted in Chapter IV. This exemption has been agreed by Sub-Committee D
(Articles 40, 41 and 43) of the Third Committee. The Committee also referred
the inconsistency in wording in paragraph 1 (c) and 1 (d) to the Central
Drafting Committee. As regards the United States proposal the Committee
accepted the principle involved; however, it referred the matter to a joint
Sub-Committee of the Fifth and Sixth Committee which recommended that the
proposal be met by amendments elsewhere in the Charter.
3. Changes from the Geneva text adopted by the Committee.
/(a) A new E/CONF.2/C.5/W.5
Page 19
(a) A new Sub-Paragraph (d) in paragraph 1 as follows:
"(d) to any inter-governmental agreement relating solely to the
conservation of fisheries resources, migratory birds and wild
animals; Provided that such agreements are not used to accomplish
results inconsistent with the objectives of this Charter and are
given full publicity in accordance with the provisions of
Article 57, paragraph 1 (e), and that if the Organization finds,
upon complaint of a non-participating Member, that the interests
of that Member are seriously prejudiced by the agreement, the
agreement shall become subject to such provisions of this Chapter
as the Organization may prescribe."
New Article
1. The addition of a new Article to Chapter VI was proposed by the
delegation of Colombia (E/CONF.2/C.5/3/Add.1).
2. The Committee did not accept this proposal. The delegations of
Colombia, El Salvador and Guatemala reserved their position.
Note: The Committee agreed to recommend to the Third Committee that the
word "terms" be substituted for the word "obligations" in Article 43
paragraph 1 (b). Sub-Committee D (Articles 40, 41 and 43) of the
Third Committee has agreed to this change. |
GATT Library | mr945zf1407 | Draft Report to the Conference | United Nations Conference on Trade and Employment, January 28, 1948 | Fourth Committee: Restrictive Business Practices | 28/01/1948 | official documents | E/CONF.2/C.4/15 and E/CONF.2/C.4/1-25 | https://exhibits.stanford.edu/gatt/catalog/mr945zf1407 | mr945zf1407_90190658.xml | GATT_145 | 0 | 0 | |
GATT Library | zw318yp7982 | Draft Reports of Working Party 3 (Article 18) and Working Party 4 (Article 19) | February 5, 1948 | Third Committee: Commercial Policy and Sub-Committee A (Articles 16, 17, 18, 19) | 05/02/1948 | official documents | E/CONF.2/C.3/A/WHITE PAPERS/C.3/B/W.1-7/C.3/C/W.1-16 and E/CONF.2/C.3/A/WHITE PAPERS/C.3/B/W.1-7/C.3/C/W.1-16 | https://exhibits.stanford.edu/gatt/catalog/zw318yp7982 | zw318yp7982_90190487.xml | GATT_145 | 13,353 | 85,244 | 5 February 1948
SUB-COMMITTEE A (ART1CLES 16, 17, 18, 19) OF COMMITTEE III
DRAFT REPORTS OF WORKING PARTY 3 (ARTICLE 18)
AND WORKING PARTY 4 (ARTICLE 19)
I. DRAFT REPORT OF WORKING PARTY 3 (ARTICLE 18)
Working Party 3 (Article 18), consisting of the delegates of Colombia,
Cuba, France, the United Kingdom, and the United States, having consulted with
a number of the other Members of the Sub-Committee, reports as follows:
A. REVISED TEXT OF ARTICLE 18
National Treatment on Internal Taxation and Regulation
1. The Members recognize that internal taxes and charges, and laws,
regulations or requirements affecting the internal sale, offering for
sale, purchase, transportation, distribution, mixture, processing or use
of products, should not be applied to imported or domestic products so as
to afford Protection to domestic production.
[1] 2. The products of any Member country, imported into any other Member
country shall [be exempt from] not be subject, directly or indirectly, to
internal taxes [and] or other internal charges of any kind, in excess of
those applied, directly or indirectly, to like domestic products. [of
national origin. Moreover, in cases in which there is no substantial
domestic production of like products of national origin, no Member shall
apply new or increased internal taxes on the products of other Member
countries for the purpose of affording protection to the production of
directly competitive or substitutable products] Moreover, no Member shall
otherwise apply internal taxes or charges, to imported or domestic products
in a manner contrary to the principles set forth in Paragraph 1.
3. With respect to any existing internal tax which is inconsistent with
the Provisions of paragraph 2 but which is specifically authorized under
a trade agreement, in force on 10 April 1947, in which the import tariff
on the taxed product is bound against-increase, the Member imposing the
tax shall be free to postpone the application of the provisions of
paragraph 2 to such tax until such time as the Member can obtain release
from its trade agreement obligations in order to Permit the increase of
such tariff to the extent necessary to compensate for the elimination of
the Protective element of the tax.
[2] 4. The products of any Member country imported into any other Member
country shall be accorded treatment no less favourable than that accorded
to like products of national origin in respect of all laws, regulations,
and requirements affecting their internal sale, offering for sale,
/purchase, -2-
purchase, transportation, distribution, or use. This paragraph shall
not prevent the application of differential internal transportation
charges which are based exclusively on the economic operation of the
means of transport and not on the nationality of the product.
[3] 5. No Member shall establish or maintain any internal quantitative
regulation relating to the mixture, processing or use of products in
specified amounts or proportions which requires, directly or indirectly,
that any specified amount or proportion of any product which is the
subject of the regulation must be supplied from domestic sources.
Moreover, no Member shall otherwise apply internal quantitative
regulations in a manner contrary to the principles set forth in
[4] 6. The provisions of paragraph [3] 5 shall not apply to [
(a) any internal quantitative regulation relating to cinematograph
films and meeting the requirements of Article 19;
(b)] any [other measures of] internal quantitative [control]
regulation in force in any Member country on 1 July 1939 [or],
10 April 1947 or on the day on which the Final Act of the
United Nations Conference on Trade and Employment is signed,* at
the option of that Member; Provided that any such [measure]
regulation which would be in conflict with the provisions of
paragraph [3] 5 shall not be modified to the detriment of imports
and shall be subject to nrgotiation[s for its limitation,
liberalization or elimination in the manner provided for in respect
of tariffs and preferences under Article 17] and accordingly shall
be treated as a customs duty for the purposes of Article 17.
1. No internal quantitative regulation relating to the mixture,
processing or use of products in specified amounts or proportions shall
be applied in such a manner as to allocate any such amount or proportion
among external sources of supply.**
* If the Conference agrees to delete from Article 100 the words
"DONE at ..... this.... day of .... One Thousand Nine Hundred and Forty...."
and to substitute the words "the date of this Charter shall be the
date upon which the Final Act of the United Nations Conference on
Trade and Employment is signed", the vords "or on the date of this
Charter" should be substituted for the words "or on the day on which the
Final Act of the United Nations Conference on Trade and Employment is
signed".
** The Norwegian delegation reserved its position on paragraph 7 pending
the results of the discussion in Sub-Committee E of Committee III of
Sub-Committee A's recommendation to amend paragraph 5 of Article 22.
/[5] 8. (a) The -3-
[5] 8. (a) The provisions of this Article shall not apply to laws,
regulations or requirements governing, the procurement by
Governmental agencies of products purchased for governmental
purposes and not [for] with a view to commercial resale or with
a view to use in the production of goods for commercial sale [,];
(b) [nor] The provisions of this Article shall [they] not prevent
the payment of subsidies exclusively to domestic producers, [only
of subsidies provided for under Article 25,] including payments
to domestic producers derived from the proceeds of internal taxes
or charges applied consistently with the Provisions of this Article
and subsidies effected through governmental purchases of domestic
products.
9. The Members recognize that internal maximum price control systems,
even though conforming to the other provisions of this Article, can have
effects prejudicial to the interests of Member countries supplying
Imported products. Accordingly, Members applying such systems shall take
account of the interests of eoporting Member countries with a view to
avoiding to the fullest practicable extent such preiudicial effects.*
B. RECOMMENDED CONSEQUENTIAL CHANGES
Article 16, Paragraph 1
The following changes are recommended to bring paragraph 1 of
Article 16 in line with the revised text of Article 18:
"..... and with respect to all matters [referred to in] within the scope
of paragraphs [1 and 2] 2 and 4 of Article 18....."
Article 22, Paragraph 5
If the proposed new paragraph 7 of Article 18 is adopted, paragraph 5 of
Article 22 would have to be amended as follows:
"5. The provisions of this Article shall apply to any tariff quota
instituted or maintained by any Member and, insofar as applicable,
the principles of this Article shall also extend to export restrictions
[and to any internal regulation or requirements under paragraph 2 of
Article 18]."
Article 30, Paragraph 2
The Working, Party recommends that Sub-Committee A recommend to
Committee III that paragraph 2 of Article 30 be amended (a) to bring the
wording of paragraph 2 of Article 30 and paragraph 8 (a) of Article 18 in line
* The Norwegian delegation reserved its position on paragraph 9 both with
respect to (a) its inclusion in Article 18 instead of as a separate
Article and (b) its substance.
/so as to avoid -4-
so as to avoid difficulties of interpretation, and (b) to extend the "fair
and equitable treatment" rule established in paragraph 2 of Article 30 with
respect to imports for governmental purposes excepted from the provisions of
paragraph 1 of Article 30 to the laws, regulations and requirements relating
to procurement for governmental purposes ref erred to in paragraph 8 (a) of
Article 18, as follows:
"2. The provisions of paragraph 1 of this Article shall not apply to
imports of products [for immediate or ultimate consumption in
governmental use and not otherwise for resale or for] purchased for
governmental purposes and not with a view to commercial resale or with
a view to use in the production of. goods for commercial sale. With
respect to such imports, and with respect to the laws, regulations and
requirements referred to in paragraph 8 (a) of Article 18, the Members
shall accord to the trade of the other Members fair and equitable
treatment.
C . INTERPRETATIVE NOTES
Article 17
It is understood that an internal tax (other than a general tax
uniformly applicable to a considerable number of products) which is applied
to a product not produced domestically in substantial quantities would be
treated as a customs duty under Article 17 in any case in which a tariff
concession on the product would not be of substantial value unless it is
accompanied by a binding or a reduction of the tax.*
Article 18
If any internal tax or other internal charge, or any law, regulation
or requirement of the kind referred to in paragraph 1, applying to an imported
product and to the like domestic product, is collected or enforced in the case
of the imported product at the time or point of importation, it is nevertheless
to be regarded as an internal tax or other internal charge, or a law,
regulation or requirement of the kind referred to in paragraph 1, and is
accordingly subject to the provisions of Article 18.
Article 18, Paragraph 1
The application of paragraph 1 to internal taxes imposed by local
governments within the territory: of a Member is subject to the provisions
of paragraph 3 of Article 99. The term "reasonable measures" in the
last-mentioned paragraph would not require, for example, the repeal of
* The Norwegian delegation reserved its position for the time being with
respect to this interpretative note.
/existing national -5-
existing national legislation authorizing local Governments to impose internal
taxes which, although technically inconsistent with the letter of Article 18,
are not in fact inconsistent with its spirit, if such repeal would result in
a serious financial hardship for the local governments concerned. With regard
to taxation by local governments which is inconsistent with both the letter
and spirit of Article 18, the term "reasonable measures" would permit a
Member to eliminate the inconsistent taxation gradually over a transition
period if abrupt action would create serious administrative and financial
difficulties.
Article 18 Paragraph 2
A tax conforming to the requirements of the first sentence of paragraph 2
would be considered to be inconsistent with the second sentence only in cases
where competition was involved between, on the one hand, the taxed product,
and on the other hand, a directly competitive or substitutable product which
was not similarly taxed.
Article 18, Paragraph 5
Regulations consistent with the first sentence of paragraph 5 shall not
be considered to be contrary to the second sentence in any case in which all of
the products subject to the regulation are produced domestically in substantial
quantities. A regulation cannot be justified as being consistent with the
second sentence on the ground that the proportion or amount allocated to each
of the products which are the subject of the regulation constitutes an
equitable relationship between imported and domestic products.
D. EXPLANATORY PARAGRAPHS TO BE INCLUDED IN THE SUB-COMMITTEE'S REPORT
TO COMMITTEE III
"The delegations of Chile, Lebanon and Syria inquired whether certain
charges imposed by their countries on imported products would be considered
as internal taxes under Article 18. The Sub-Committee considered that the
charges referred to are import duties and not internal taxes because (a) they
are collected at the time on, and as a condition to, the entry of the goods
into the importing country, and (b) they apply exclusively to imported
products without being related in any way to similar charges collected
internally on like domestic products. The fact that these charges are
described as internal taxes in the laws of the importing country would not in
itself have the effect of giving them the status of internal taxes under the
Charter."
"The Sub-Committee considered that charges imposed in connection with
the international transfer of payments for imports or exports, particularly
the charges imposed by countries employing multiple currency practices, where
such charges are imposed not inconsistently with the Articles of Agreement
/of the International -6-
of the international Monetary Fund, would not be covered by Article 18. On
the other hand, in the unlikely case of a multiple currency practice which
takes the form of an internal tax or charge, such as an excise tax on an
imported product not applied on the like domestic product, that practice
would be precluded by Article 18. It may be pointed out that the possible
existence of charges on the transfer of payments insofar as these are
permitted by the International Monetary Fund is clearly recognized by
Article 16."
"The Norwegian delegation had proposed to insert a new paragraph 5 in
Article 18 to make sure that the provisions of this Article should not be
applied to laws, regulations and requirements which have the purpose of
standardizing products in order to improve the quality or to reduce costs
of production, or have the purpose of facilitating an improved organization
of internal industry provided that they havo no hareful effect on the
expansion of international trade. (See document E/CONF.2/C.3/1/Add.39).
The Sub-Committee was of the opinion that this amendment would not be
necessary because this Article as drafted would permit the use of internal
mixing regulations required to enforce standards and even to protect one
domestic industry against another, provided such regulations did not have
the effect of protecting the domestic as compared to the imported product.
In accordance with this opinion the Norwegian delegation withdrew its
amendment."
"The Sub-Committee was in agreement that under the provisions of
Article 18 regulations and taxes would be permitted which, while perhaps
having the effect of assisting the production of a particular domestic
product (say, butter) are directed as such against the domestic production
of another product (say, domestic oleomargarine) as they are against imports
(say, imported oleomargarine)."
In paragraph 5 the words 'internal quantitative regulation relating to
the mixture' are intended to cover only the quantitative mixture of products;
for example, when an internal regulation has as its sole purpose the
safeguarding of the quality of a particular domestic product, it would not
come within the scope of Article 18."
"The exception permitting the continuance of existing mixing regulations
(paragraph 6) has been redrafted so as to bring out more clearly that a
Member would be free to alter the details of an existing regulation provided
that such alterations do not result in changing the overall effect of the
regulation to the detriment of imports."
/'The delegate for Ireland -7 -
"The delegate for Ireland inquired whether the phrase 'shall not be
modified to the detriment of imports' in paragraph 6 would permit changes in
the amounts or proportions of a product requiecd to be mixed which are based
on chanes in crops from year to year. The Sub-Committee considered that
if the regulation in effect on the base date specifically provided for such
changes, by requiring that a given part of each crop be utilized, the chages
would not be precluded by parsgraph 6.'
"Paragraph 8 (b) was redrafted in order to make it clear that nothing
in Article 18 could be construed to sanction the exemption of domestic
products from internal taxes imposed on like imported products or the
remission of such taxes."
"It was agreed that a uniform tax applying to a considerable number
of products was to be regarded as a tax of the kind referred to in the
parenthesis in the interpretatie note to Article 17, notwithstanding the
fact that the legislation under which the tax was imposed provided for two
or more rates of tax each applying to a number of products."
II.DRAFT REPORT OF WORKING PARTY 3 (ARTICLE 18)
AND WORKING PARTY 4 (ARTICLE 19)
Working Party 3 (Article 18) and Working Party 4 (Article 19),
consisting of the delegates of France, Norway, the United Kingdom and the
United States, after consulting with the Chairman of Sub-Committee A,
considered Article 19 jointly, in consultation with the delegate of
Czechoslovakia, and report as follows:
A. REVISED TEXT OF ARTICLE 19
Special Provisions Relating to Cinematograph Films
[If any Member establishes or maintains] The Provisions of Article 18
shall not prevent any Member from establishing or maintaining internal
quantitative regulations relating to exposed cinematograph films [,] . Any
such regulations shall take the form of screen quotas which shall conform to
the following conditions and requirements:
(a) Screen quotas may require the exhibition of cinematograph films
of national origin during a specified minimum proportion of the total
screen time actually utilized over a specified period of not less than
one year in the commercial exhibition of all films of whaever origin,
and shall be computed on the basis of screen time per theatre per year
or the equivalent thereof.
(b) With the exception of screen time reserved for films of national
origin under a screen quota, [no] screen time, including screen time
released by administrative action from minimum time reserved for films
/of national origin -8-
of national origin, shall [formally or in effect be allocated] not be
allocated formally or in effect among sources of supply.
(c) Not with standing the provisions of sub-paragraph (b) above, [Members]
any Member may maintain screen quotas conforming to the [conditions]
requirements of sub-paragraph (a) which reserve a minimum proportion
of screen time for films of a [national] specified origin other than
that of the Member imposing such screen quotas; Provided that no such
minimum proportion of screen time shall be increased above the level
in effct on 10 April 1947.
(d) Screen quotas shall be subject to negotiation [for their limitation,
liberalization or elimination in the manner provided for in respect ot
tariffs and preferences under] and shall accordingly be treated as
customs duties for the purposes of Article 17. Restricted
6 February 1948
ADDENDUM TO DRAFT REPORT OF
WORKING PARTY 3 (ARTICLE 18) AND WORKING PARTY 4 (ARTICTLE 19)
B. NOTE TO BE INCLUDED IN THE SUB-COMMITTEE REPORT
The delegate for Czechoslovakia reaffirmed the views expressed by the
head of his delegation in Committee III (E/CONF.2/C.3/SR.13) to the effect
that cinematograph films should be explicitly excluded from the competence
of the ITO on the grounds that films, being works of art, are not just simple
commercial commodities or industrial products. However, if the majority of
the Conference favoured the retention of Article 19 his delegation would no
longer press its objections. 24 January 1948
SUB-COMMITTEE A (ARTICLES 16, 17, 18, 19) OF COMMITTEE III
WORKING PARTY 3 (ARTICLE 18)
Memorandum Regarding the Colombian Amendment to Article 18
(Items 49 and. 54, Revised Annotated Agenda, (E/CONF.2/C.3/6)
(Submitted by the Delegation of Colombia)
The problem which the Colombian delegation set before the Sub-Committee
in relation to the effects of Article 18 on the fiscal system of Colombia,
can be summarized as follows:
1. The production of spirits is a monopoly of the department (a political
and administrative division). The right to maintain and administer freely
this monopoly is guaranteed to the departments by the constitution, and its
products represents for them the most important item of their revenues. The
Central Government may not intervene in the fixing of prices. The authority
to regulate this matter rests with the Assemblies (local legislature bodies).
There are fourteen departments and consequently fourteen different
monopolies, each of which produces spirits for the consumption of its
respective department. The prices naturally are fixed according to the
economic conditions peculiar to the different regions.
On the other hand a national law has authorized the departments to
establish a tax on the consumption of imported spirits. This tax constitutes.
a very important item of revenue for the local governments. In accordance
with Article 18 of the Charter, Colombia would be obliged either to eliminate
the tax on consumption or to establish a tax on the domestic product. It is
obvious that his latter solution could not be applied, because the margin of
profit,.that is, the difference between the price of sale and the cost of
production, is very different in the various departments and generally very
great, Moreover as the quality of the domestic products (aguardientes and
rums); which are consumed almost exclusively by the working classes, differs
greatly from that of the imported products (whiskey, cognac, etc.), the
imposition of the same tax would be inappropriate.
We think Article 18 could be amended to include some provisions
permitting us to maintain both the monopoly and the tax consumption of imported
products as they stand, and in view of the grave political and administrative
consequences which would follow the adoption of any other method, the
Colombian Government considers that it could not approve the Charter if this
question was not satisfactorily arranged.
/It has been
3870 - 2 -
It has been suggested that paragraph 3 of Article 99 offers a solution
for this problem but in our case, this is not so. As we have already stated,
the tax on the consumption of imported products has been authorized by a
national law, and this law would be automatically in opposition to the new
law by which we would approve the Charter.
2. The municipal councils have had legal authority to establish taxes on
the introduction of merchandise to their own territories but some years
ago a national law prohibited any tax on the circulation of national products.
Therefore, today there exists a tax that is imposed only on imported products
entering the territory of the municipalities. This tax has really a pure
fiscal purpose, but, as it covers both merchandises we do not produce and
merchandises of which there is soma national production, it will fall under
the provisions of Article 18.
We would be willing to eliminate this tax, which is not in accordance
with the radical transformation we have accomplished in our fiscal system
during the last twenty years, but we could not make it suddenly. The tax
represents a relatively important revenue for the municipalities and the
Central Government would be obliged to provide an alternative source of
revenue.
Article 18 in its present draft would have the effect of eliminating
this tax automatically for the reasons set out above.
3. The National Government imposes certain taxes on the consumption of
imported cigarettes and imported tires, and these are collected together
with the custums duties. These taxes are not in accordance with the
principles of "National treatment" because they are not levied on the like
articles of domestic production. On the other hand, we cannot consolidate
these taxes with the customs duties because the tariffs for both tires and
cigarettes are bound by our bilateral agreement with the United States. We
are faced with practically the sane problem as that contemplated in the
amendment presented by Venezuela, and it has been suggested that the Charter
should authorize the maintenance of this kind of taxes during a reasonable
period to permit countries concerned to modify existing bilateral agreements. RESTRICTED
26 January 1948
SUB-COMMITTEE A (ARTICLES 16, 17, 18, 19) COMMITTEE III
WORKING PARTY 3 (ARTICLE 18)
(Reference: Revised Annotated Agenda, E/CONF.2/C.3/6)
The following items were referred to Working Party 3 of Sub-Comuittee A:
1. Items 42, 54 and 65, insofar as related to paragraph 1 (Colombia,
Ireland, Uruguay, Argentina, respectively) - to find a solution to the
particular problems involved under Article 99 or Article 18
(Memorandum prepared by Colombian delegate, Notes Eighteenth Meeting,
10 Januaey, W.30, and Ninteenth Meeting, 12 January, V.31).
2. Reference to Article II (1) (b) General Agreement which makes a
distinction between ordinary customs duties and other duties or charges
on importation - to meet Syria's desire to retain existing internal
taxes applied by municipal authorities in addition to custom duties
on unbound items (Item 50 (Syria) (Lebanon) W.30).
3. Definition of internal taxes for purposes of Article 18
(Reservation and suggestion by Brazilian delegate, W.30).
4. Consultation with countries expressing concern with the problem
raised by Venezuela. other than parties to the General Agreement,
(i.e., release to convert to a customs duty an internal tax on an item
bound under an agreement other than the General Agreement) (Item 42,
Notes Twelfth Meeting, 31 December, W.22), to ascertain (a) number of
such cases; (b) specific products affected; (c) by what treaties
bound (W.30).
5. Re-formulation of second sentence of paragraph 1, while retaining
principles thereof (Items 50 and 51, (Syria) (Lebanon) and (China),
Notes Nineteenth Meeting, 12 January, (W.31).
16. Item 53 (Sweden) - drafting only (Notes Twentieth Meeting,
13 January, W.32).
7. Item 64 (United States) - agreed in principle, referred for
re-drafting (Notes Twenty-First Meeting, 14 January, W.33).
8. Item 48 (United Kingdom) - drafting only (W.33).
9. Interpretative Note re multiple currency practices - referred for
rewording (W.33).
/10. item 58
3884 -2-
10. Item 58 (Mexico) and proposed new paragraph 8, Article 32 (Notes
Twenty-Second Meeting, 15 January, W.35 and Notes Fifth Meeting,
Sub-Comittee C, E/CONF.2/C.3/C/W.5).
11. Interpretation of Paragraphs 3 and 4, to be included in
Sub-Committee's Report, along lines of Report of Geneva Sub-Committee
on Articles 14, 15 and 24 (Notes Twenty-Third Meeting, 16 January,
W.35)
12. Clarification of language of paragraph 2, particularly the words
"formally or in effect" in sub-paragraph 3 (a) and Mexican proposal to
add a sentence to sub-Paragraph 3 (a) in the light of the final text
of Article 20 (W.35).
13. Item 61 (Ceylon) - agreed in principle subject to appropriate
re-wording (W.35).
14. Suggestion (Cuba) that sub-Paragraph 4 (b) might be amended to make
it clear that internal quantitative regulations in particular cases
are less restrictive than quantitative restrictions (W.35).
15. Particular problem with which the delegation of Ireland was
concerned in submitting Item 62 - whether covered by provisions of
sub-paragraph 4 (b) (W.35).
16. Deletion of the dates in sub-paragraph 4 (b) and substitution of
language similar to that of Article 14 (Mexico) (Notes Twenty-Fourth
Meeting, 19 January, W.38). 26 January 1948
THIRD COMMITTEE: COMMERCIAL POLICY
WORKING PARTY 3 OF SUB-COMMITTEE A (ARTICLE 18)
NORWAY: SUGGESTED NEW DRAFT OF ARTICLE 18
ALTERNATIVE A
1. No Member shall apply internal taxes or other charges of any kind for
the purpose or with the effect of affording protection for domestic
production in excess of tariffs or other charges on imports which might be
subject to negotiations in accordance with Article 17; existing protective
internal taxes or other charges shall be subject to negotiations for their
reduction or elimination in the manner provided for in respect to tariffs and
preferences under Article 17.
2. No Member shall apply laws, regulations or requirements affection the
internal sale offering for sale, purchases, trnsportation, distribution or
use of imported or domestic producys in such a way as to afford protection
for domestic production. (This paragraph shall not prevent the application
of differential transportation charges which are based exclusively on the
economic operation of the means of transport and not on the nationality of
the product.)
3. (In applying the principles of paragraph 2 of this Article to internal
quantitative regulations relating to the mixture, processing or use of
products in specified amounts or proportions, the Members shall observe the
following provisions:
(a) no regulations shall be made which formally or in effect) require
that any specified amount or proportion of the product in respect of
which such regulations are applied must be supplied from domestic sources
whenever such requirement is affording protection for domestic production;
(b) no Member shall, formally or in effect, restrict the mixing,
processing or use of a product of which there is no substantial domestic
production with a view to affording protection to the domestic production
of a directly competitive (or substitutable) product.)
4. The provisions of paragraphs 2 and 3 of this Article shall not apply
to any system of internal protection for domestic production in force in any
Member country on 1 July 1939 or (10 April) 21 November 1947 at the option
of that Member: Provided that any such (measure) system which would be in
conflict with the provisions of paragraphs 2 or 3 of this Article shall
not be modified to the detriment of imports and shall be subject to
negotiations for its limitation, liberalization or elimination in the manner
provided for in respect of tariffs and preferences under Article 17.
3885 /5. The provisions -2-
5. The provisions of this Article shall not apply to the procurement by
governmental agencies of products purchased for governmental purposes and not
for resale or use in the production of goods for sale.
6.. The provisions of this Article shall not prevent the payment to domestic
producers only of subsidies provided for under Article 25, including payments
to domestic producers derived from the proceeds of internal taxes or
charges and subsidies effected through governmental purchases of domestic
products.
ALTERNATIVE B
1. No Member shall apply internal taxes or other charges of any kind for
the purpose or with the effect of affording protection for domestic production
in excess of tariffs or other charges on imports which might be subject to
negotiations in accordance with Article 17.
2. No Member shall anply laws, regulations or requirements affecting the
internal sale, offering for sale, purchase, transportation, distribution or
use of imported or domestic products in such a way as to afford protection
for domestic production.
3. The provisions of this Article shall not apply to:
(a) any protective internal taxes or other charges or any other system
of internal protection for domestic production in force in any Member
country on 1 July 1939 or (10 April) 21 November 1947 at the option of
that Member: Provided that any such (measure) system which would be
in conflict with the provisions of paragraphs 2 or 3 of this Article
shall not be modified to the detriment of imports and shall be subject
to negotiations for its limitation, liberalization or elimination in the
manner provided for in respect of tariffs and preferences under
Article 17.
(b) the procurement by governmental agencies of products purchased for
governmental purposes and not for resale or use in the production of goods
for sale.
4. The provisions of this Article shall not prevent the payment to domestic
producers only of subsidies provided for under Article 25, including payments
to domestic producers derived from the proceeds of internal taxes or charges
and subsidies effected through governmental purchases of domestic products.
As was pointed out in the Sub-Comittee, Article 18 should be redrafted
in order to clarify the meaning and the bearing of its provisions. The
Norwegian delegation suggests the two alternatives set forth above. With
exception of some corrections mentioned below, none of the two alternative
aims at making substantial alterations in the Geneva text of Article 18.
They only state the principles of this Article more directly and, it is
/suggested. -3-
suggested, more clearly. Alternative A follows the Geneva text more closely,
while Alternative B gives a shorter formulation of the same principles.
Alternative A
Paragraph 1
The purpose of this paragraph is to eliminate protection to domestic
production by use of differential internal taxation. However, the Geneva
text has no direct reference to this purpose. It expresses the principle
indirectly and in a way which involves serious difficultiess with respect to
the interpretation, especially in regard to the meaning of such words as
"like products" and "substitutable products". These expressions open the
door for interpretations which would impose limitations on the Members'
internal taxation policy far beyond the purpose of the Article. The
Norwegian delegation will as an example draw attention to the fact that in
many countries it is usual, without any protective purpose, to levy heavier
internal taxes on goods of finer quality than on goods of lower quality.
Paragraph 1 of Article 18 in its present formulation would bar a Member from
pursuing such a policy when the goods of finer quality are imported while
the goods of ordinary quality are produced in the country. Goods of ordinary
quality might undeniably be classified as "substitutable products".
The suggested new draft aims at avoiding such difficulties by stating
the principles of the Article as clearly as possible, thereby establishing
a better foundation for its interpretation. There is no question of any
substantial alteration of the basic concept of the paragraph.
The last sentence of paragraph 1 is transferred from the Geneva Draft
with some formal alterations. However, it ought to be considered whether the
text should not be formulated in conformity with the text of paragrah 4,
sub-paragraph (b) in the Geneva Draft, as is suggested in Alternative B.
Paragraph 2
The first sentence is in conformity with the alterations made in
paragraph 1.
The redraftingof the first sentence makes the second sentence
unnecessary. It would be quite sufficient to give an explanation in the
report. However, the sentence does not do any harm and might be retained
in the text if anyone so prefers.
Paragraph 3
When paragraphs 1 and 2 are redrafted as suggested above, there will be
no need for the provisions of paragraph 3 of the Geneva Draft. The rules of
paragraph 3 may be deduced from the basic principles of paragraphs 1 and 2
as far as this principle goes. It should therefore also here be sufficient
to explain this in the report. If it should be considered preferable to
retain the provisions in the text of the Article, it will be necessary to
/make -4-
make some limitations as suggested in the above draft.
In sub-paragraph (a) the words formally or in effect" should be deleted
and the following words added to this sentence: "whenever such requirement
is affording protection to domestic production". This to make the provisions
of the sub-paragrah consistent with the General purposes of the Article.
The point is not whether a certain quantitative regulation formally or in
effect require that any specified amount or proportion of the product must be
supplied from domestic sources. The point is whether such requirement
purposely or in effect is affording protection for the domestic production.
If this is not the case, the Article should not apply to a regulation even
if it prescribes that a certain per cent of raw materials is supplied from
domestic sources.
In sub-paragraph (b) the words "or substitutable" should be deleted.
As mentioned above, these words might lead to obligations far outside the
scope of this Article.
Paragraph 4
It is suggested that all the special provisions relating to cinematograph
films should be incorporated in Article 19. Consequently, the provisions
in sub-paragraph (a) of paragraph 4 in the Geneva Draft should be transferred
to Article 19. Paragraph 4 of the suggested new draft of Article 18
accordingly corresponds to sub-paragraph (b) of the Geneva Draft.
Paragraph 4 (b) in the Geneva text only refers to paragraph 3, not to
paragraph 2 of Article 18. There is no reason why existing regulations which
are of the character as described in paragraph 2 but not covered by
paragraph 3, should not be exempted in the same way as existing internal
taxation according to paragraph 1, and quantitative regulations according to
paragraph 4. As mentioned above, the exemptions should be formulated in the
same way both in regard to internal taxation and in regard to such regulations
as are described in paragraphs 2 and 3. This is done in Alternative B.
The Geneva text is followed more closely in Alternative A, but in paragraph 4
is referred both to paragraph 2 and paragraph 3. The date 10 April 1947 is
amended to 21 November 1947 according to the proposal by Argentina. See
document E/CONF.2/C.3/5, Item 65 (b) and document E/CONF.2/C.3/H.38, page 3.
The word "system" is introduced instead of "measure" according to a Swedish
proposal. See document E/CONF./2/C.3/6, Item 67 and document.
E/CONF.2/C.3/A/H.38, page 4.
Paragraphs 5 and 6
Paragraphs 5 and 6 correspond to paragraph 5 in the Geneva text. As the
two parts of this paragraph deal with quite different things, it is suggested
to separate them in two paragraphs.
/Alternative B Alternative B
The suggested Alternative B is shorter and gives, according to the
Norwegian view, a better formulation of the same principles as stated in
Alternative A.
Havana, 26 January 1948. RESTRICTED
26 January 1948
SUB-COMMITTEE A (ARTICLES 16, 17, 18, 19) OF COMMITTEE III
WORKING PARTY 3 (ARTICLE 18)
REDRAFT OF PARAGRAPH 1
(Suggested by the United States delegate)
1. The products of any Member country imported into any other Member
country shall be exempt from internal taxes and other internal charges of any
kind in excess of those applied directly or indirectly to like products of
national origin. [Moreover, in cases in which there is no substantial domestic
production of like products of national origin, no Member shall apply new or
increased internal taxes on the products of other Member countries for the
purpose of affording protection to the production of directly competitive or
substitutable products which are not similarly taxed; existing internal taxes
of this kind shall be subject to negotiation for their reduction or elimination
in the manner provided for in respect of tariffs and preferences under Article
17.] Moreover, no Member shall impose a new or increased internal tax on any
product of another Member country, of which the importing Member has no
substantial domestic production, for the purpose of affording protection to
the domestic production of a directly competitive or substitutable product
which is not similarly taxed. Existing internal taxes of the kind described
in the preceding sentence shall. be treated as tariffs for the purposes of
Article 17. With respect to any existing internal tax which is inconsistent
with the provisions of this paragraph but which is specifically authorized
under an inter-governmental agreement, in force on 10 April 1947, in which
the import tariff on the taxed product is bound against increase, the Member
imposing the tax shall be free to postpone the application to such tax of the
provisions of this paragraph until such time as the Member can obtain from
the other party to the agreement permission to increase such tariff to the
extent necessary to compensate for the elimination of the protective element
of the tax.
3916 27 January 1948
THIRD COMMITTEE: COMMERCIAL POLICY
WORKING PARTY 3 OF SUB-COMMITTEE A (ARTICLE 18)
PROVISIONAL REDRAFT
1. The Members recognize that internal taxes or other charges of any kind
shall not be applied for the purpose or with the effect of affording protection
for domestic production.
2. The products of any Member country imported into any other Member country
shall [be exempt from] not be subjected, directly or indirectly, to any
internal taxes [and] or other internal charges of any kind in excess of those
applied directly or indirectly to like products of national origin. Revision - 27 January 1948
SUB-COMMlTTEE A (ARTICLES 16, 17, 18, 19) OF COMMITTEE III
WORKlNG PARTY 3 (ARTICLE 18)
(Reference: Revised Annotated Agenda, E/CONF. 2/C.3/6)
The following items were referred to Working Party 3 of Sub-Committee A:
Paragraph 1
1. Items 49, 54, and 65, insofar as related to paragraph 1 (Colombia,
Ireland, Uruguay, Argentina, respectively) - to find a solution to the
particular problems involved under Article 99 or Article 18 (Memorandum
prepared by Colombian delegate, Notes Eighteenth Meeting, 10 January, W.30,
page 1, Nineteenth Meeting, 12 January, W.31, pages 1 and 2 and Twentieth
Meeting, 13 January, W.32, page 1).
2. Reference to Article II (1) (b) General Agreement which males a
distinction between ordinary customs duties and other duties or charges on
importation - to meet Syria's desire to retain existing internal taxes applied
by municipal authorities in addition to custom duties on unbound items
(Item 50 (Syria) (Lebanon) W.30, page 2).
3. Definition of internal taxes for purposes of Article 18 (Reservation
and suggestion by Brazilian delegate, W.30, page 2).
4. Consultation with countries expressing concern with the problem raised
by Venezuela, other than parties to the General Agreement, (i.e., release to
convert to a customs duty an internal tax on an item bound under an
agreement other than the General Agreement) (Item 42, Notes Twelfth Meeting,
31 December, W.22), to ascertain (a) number of such cases; (b) specific
products affected; (c) by what treaties bound, (W.30, page ).
5. Re-formulation of second sentence of paragraph 1, while retaining
principles thereof (Items 50 and 51, (Syria and Lebanon), (China), (France),
Notes Nineteenth Meeting, 12 January, (W.31, pages 1 and 2)).
6. Item 53 (Sweden) - drafting only (Notes Twentieth Meeting, 13 January,
W.32, page 2).
7. Item 74 (United States) - agreed in principle, referred for re-drafting
(Notes Twenty-First Meeting, 14 January, W.33, page 1).
8. Item 48 (United Kingdom) - drafting only (W.33, page 3).
9. Interpretative Note re multiple currency practices - referred for
/Paragraph 2
3942 - 2 -
Paragraph 2
10. Item 58 (Mexico) and proposed new paragraph 8, Article 32 (Notes
Twenty-Second Meeting, 15 January, W.34, page 4, and Notes Fifth Meeting,
Sub-Committee C, E/CONF.2/C.3/C/W.5).
Paragraphs 3 and 4
11. Clarification of language of paragraph 3, particularly the words "formally
or in effect" in sub-paragraph 3 (a) (Argentina, Brazil, Cuba, Mexico)
(Notes Twenty-Third Meeting, 16 January, W.35, page 3 and Notes Twenty-Fourth
Meeting, 22 January, W.38, page 2).
12. Item 61 (Ceylon) - agreed in principle subject to appropriate re-wording
(W.35, page 3).
13. Interpretation of paragraphs 3 and 4, to be included in Sub-Ccmmittee's
Report, along lines of Report of Geneva Sub-Committee on Articles 14, 15 and
24 (W.35, page 2).
14. Proposal to add a sentence to sub-paragraph 3 (a) in the light of the
final text of Article 20 (Mexico) (W. 35, page 3).
15. Inclusion in Sub-Committee's Report of interpretation of
sub-paragraphs 3 (a) and (b) with respect to proposed Cuban mixing regulation
(alcohol and gasoline) or amendment re dates of sub-paragraph 4 (b) (Cuba)
(W.38, page 2).
16. Suggestion (Cuba) that sub-paragraph 4 (b) might be amended to make it
clear that internal quantitative regulations in particular cases are less
restrictive than quantitative restrictions (W.35, page 3).
17. Particular problem with which the delegation of Ireland was concerned in
submitting Item 62 - whether covered by provisions of sub-paragraph 4 (b)
(W.35, Page 4).
18. Deletion of the dates in sub-paragraph 4 (b) and substitution of language
similar to that of Article 14 (Mexico) - Working Party to endeavour to find
a solution (W.38, page 1).
19. Item 65 (b) (Argentina) - Working Party to examine feasibility of proposed
substitution of 21 November 1947 for 10 April 1947 in sub-paragraph 4 (b)
(W.38, page 3).
20. Item 67 (Sweden) -accepted in principle, referred for drafting (W. 38,
page 4).
Paragraph 5
21. Reference to Article 16 in Article 18 to the effect that the provisions
of paragraph 5 of Article 18 could in no way be interpreted as limiting the
m-f-n obligation under Article 16 (Mexico) - Working Party to determine whether
necessary (Notes of Twenty-Fifth Meeting, 20 January, W.39, page 1).
22. Definition - 3 -
22. Definition of "products purchased for governmental purposes" -
paragraph 5 (W.39, page 2).
23. Wording to be suggested by Argentinian and Chinese delegates, other than
that proposed in their original amendments (Items 72 and 73), which would
meet the points they had in mind without excluding from the provisions of
Article 18 purchases made by governments in a state trading capacity
(W.39, page 2).
24. Examination of latter part of paragraph 5 in relation to Article 25
(Australia) (Mexican reservation) (W.39, pages 1 and 2). 27 January 1948
SUB-COMMITTEE A (ARTICLES 16, 17, 18, 19) OF COMMITTEE III
WORKING PARTY 3 (ARTICLE 18)
SUGGESTED INTERPRETATIVE NOTE TO PARAGRAPH 3 OF ARTICLE 99
"The terz 'reasonable measures would not require, for example, the
repeal of national legislation authorizing the application by local governments
of internal taxes which, although technically departing from the letter
of the Charter, are nevertheless consistent with its spirit, in cases where
such repeal would work a serious hardship on the local governments concerned."
3964 RESTRICTED 28 January 1948
SUB-COMMITTEE A (ARTICLES 16, 17, 18, 19) OF COMMITTEE III
WORKING PARTY 3 (ARTICLE 18)
Suggested interpretative Note to txti '0sch
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S. RESTRICTED 29 January 1948
SUB-COMMITTEE A (ARTICLES 16, 17, 18, 19) OF COMMITTEEIII
Suggested Redraft of Present Paragraph 3
4. No Member shall establish or maintain any internal quantative regulation
relating to the mixture, processing or us of products in specified amounts or
proportions which requires, directly or indirectly, that any specified amount
or proportion of any product which is the subject of the regilation must be
supplied from domestic sources. Moreover, no Membear shall otherwise apply
internal quantitative regulations in a ranner country to the principles set
forth in paragraph 1.
Interpretative Note to Paragraph 4 of Article 18
Regulation conforming to the first sentence or Paragraph 4 shall not be
considered to be contrary to the second sentence in any case in which all of
the products subject to the regulation are produced domestically in substantial
quantities. It is understood that a Member applying a regulation my not claim
that the regulation is consistent with the second sentence on the ground that
the proportion or amount allocated to each of the products which are the
subject of the regulation constitutes an equitable relationship between imported
and domestic products.
4072 29 January 1948
SUB-COMMITTEE A (ARTICLES 16, 17, 18,.19) ## COMMITTEE III
WORKING PARTY 3 (ARTICLE 18)
PROPOSED NEW FINAL PARAGRAPH OF ARTICLE 18: ALTERMATOVE DRAFT
(a) Any internal tax or other internal charge applied to an imported
product and to the like domestic product which, in the case of the imported
product, is collected at the time of importation shall nevertheless be
regarded as an internal tax or other internal charge[and shall be] subject
to all the requirements of this Article.
(b) Any law, regulation or requirement of the kind referred to in
paragraph 2## applied to an imported product and to the like domestic product
which,in the case of the imported product, is [applied] [enforced] at the
at the time of importation shall nevertheless be regarded as a law,
regulation or requirement of the kind referred to in paragraph 2* [and shall
be] subject to all the requirements of the Article.
* Paragraph 2 in Geneva Text; paragraph 5 in proposed new text.
4073 SUB--COMMITTEE A (ARTICLES 16, 17, 18, 19) OF CHAPTER III
WORKING PARTY 3
PROVISINAL DRAFT: ARTICLE 26
Estical Treatment on Internal Taxation and Regulation
or domestic products ,articals not be applied so as to efferd protection to
[1] 2. The products of any Member country imported into any other Member country
shall [be except free] not be subject, directly or indirectly, to internal
taxes [and] or other internal charges of any kind, in excess of those applied
directly or indirectly, to like domesticj products [of national origin].
[Moreover, in cases in which there isa no substantial domestic production of
like products of national origin, no Member shallapply new or increased
internal taxes on the products of other Member countries for the purpose of
affording protection to the productionof directly competative or substitutable
products] Moreover, no Member shall otherwise apply internal taxes or internal
charges in a manner contrary to the principles set forth in paragraph 1.
[2] 3. The products of any Member country imported into other Member country
shall be accorded treatment no loss favourable than that accorded to like
products of national origin in respect of all 1xc, regulations and.
requirements affecting their aslo, offering for sale, purchase,
transportation, distribution, or use. uzc. shall not prevent the
application of differential internal transportation charges which are based
exclusively on the economic operation of the means of transport and not on
the nationality of the product.
[3] 4.No member shall establish or maintain any internal quantitative regulation
relating to the mixture ,processing or use of products In Spcified amounts or
proportions which requires,directly or indirectly,that any specified amount
supplied from domestic sources. Moreever,no Member shall other wise apply o N a aAl I o i
6 I
/internal
116 forth in paragraph 1.
[4] 5. The Provisions of paragraph [3] 4 of this Article shall not apply to [1
(a) any internal quantitative regretion relating to cinimatograph
films and meeting the requirements of article 19;
(b)] any [othermeasurs of ] internal quantitative [control] regulations
in force in any member country on 1 may 1939 [or] 10 April 1947or
on the day on which the Final act of united nations conference on
PROVIDEDthat any such [measures] regulation which would be in conflict
with the provisions of paragraph[3]4 or this Article shall not be
modified to the detrimsnt of imports and shall be [subject to
negotiations for its lialtation liberalisation or elimination in the
manner provided for in respect of tariffe and preferences under
Article 17] treated as a tarrifs for the Article 17.
6. The provisions of this Article (a) shall not apply to the procurement by
governmental agencies of products for governmental purposes and
not [for release or use ]with a view to commercial resale with a view to
use in the production of goods for commercial sale, (b) nor shall they prevent
the payment to domestic prducers only of subsidies provided for under
Article 25, lncluding payments to domestic producers derived from the proceeds
of Internal taxes or chages and subsidies affected throuh governmental.
purchases of domestic products. -3-
To Paragraph 1 The application of paragraph 1 to internal imposed by local
governments within the territory of a Member is subject to the provisions
of paragraph 3 of Article 99. Ta±b txonb uaccurOO in the last-
u^aticroi paragraph would not require, for example, the repxal of national
legislation authorising local governments to iupo ;k; internal taxes which,
although technically i lo.with the letter of Article 18, are not
in fact inconsistent with its m ia u-,.- if such 't, J1 :-r.L would result in a
serious financial "-%oIfor the local governments concerned. With regard
to taxation by local governments which in lwaui;dZizt with both the letter
and spirit of Article 18, the tt xu o mIa, x'l would pozisit a
Member to eliminate the t=a1teg.t taIL2&I gr&&4tiy over a transition
period if abrupt action would or -tts c"ios Axitrative and financial
To Paragraph 2
It is understood that a Ubos would be able to Clain that a tax
conforming to the requirements of the first sentence of paragraph 2 was
being applied iucaxletly with the second sentence only in cases involving
competition between the taxed product on the one land, and on the other
hand, a directly competitive or substitutable product which was not similarly
To Paragraph 4
Regulations conforming to the first sentence of paragraph 4 shall not be
considered to be contrary to the second sentence in any case in which all of
the products subject to the regulation are produced domestically in substential
quantities. It is understood that a Member applying a regulation may not claim
that the regulation is consistent with the second sentence on the ground that
the proportion or amount allocated to each of the products which are the
subject of the regulation constitutes an equitable relationship between imported
and domestic products. SUB-COMMITTEE (X8!' ^4t.l 16, 17, 18, 19) of COMMITTEE III
By THE PARTY 3 (ARTICLE 18)
PROPOSED OF ARTICLE 18, BY THE (a) Notwithstanding that cui internal tax or other internal charge
is collected in respect of an imported product at the time of
importation, it shall be regarded as on internal tax or other
Internal charge [and shall be] subject to all the requirements of
this Article.
(b) Notwithstanding that a law, regulation or requirement Of the
kind referred to in paragraph 2* is [applied] [enforced] in respect
of an imported product at the time of importation, it shall be
regarded as a law, regulation or requirement of the kind referred
to in paragraph 2* [and shall be] subject to all the requirements
of this Article. 30 January 1943
SUB-COMMITTEE A (ARTOCLES 16, 17, 18 , 19) OF COMMITTEE III
WORKING PARTY 3
ARTICLES 18: PROPOSED REVISION OF PARAGRAPH 5 OF GENEVA DRAFT
5. The provisions of this Article shall not apply Laws, regulations or
requirements governing the procurement by governmental agencies of products
purchased for immediate or ultimate consumption in governmental use and not
otherwise for resale or for use in the , - ;ci-'__ of goods for sale.
PROPOSED NEW PARAGRAPH 2 OF ARTICLE 30
2.. The provisions of paragraph 1 of this Article shall not apply to
imports of products for immediate or ultimate consumption in governmental
use and not otherwsie for resale or for use in the production of goods for
sale. With respect to such imports, and with respect to the lava,
regulations and requirements referred to in paragraph 5 of Article 18, the
Members shall accord to the trade of' the other members fair and equitable
treatment. RESTRICTED 31 January 1948
THIRD COMMITTEES - COMMERCIAL POLICY
WORKING PARTY 4 OF SUB-COMMITTEE A ( ARTICLE 19)
ImAn, m';GM-4!D -NEW DRAFT OF ARTICLE 19
1. The provisions of Article 18 shall with the modifications
set forth in the following paragraph of this Article apply to
cinematograph films and to the commercial exhibition of such films
2. The provisions of Article 16 shall not be so construed
as to prevent custom duties on imported fiIms to be leviod in
form of tax on the commeria1 exhibition of films. Such taxes
shall be subject to the provisions of Articles 16 and 17.
3. The provisions of paragraphs 2 and 3 or Article is obr U
not pre1ludae any internal quantatitative 7:ticzi rclctatiu to
c0Su~tqgrai s1 film and 3o tvio the requirements of paragraph 4
of this Article.
4. If any m'rcti establishes ...... (CCitirAU s
Article 19 new drafted). RESTRICTED
31 January 1948
SUB-COMMITTEE A (ARTICLES 16 17, 18, 19) OF COMMITTEE III
WORKING PARTY 3
PROVISIONAL REDRAFT: ARTICLE 18
National Treatment on Internal Taxation and Regulation
1. The Members recognize that internal taxes and other internal charges of
any kind, and laws, regulations or requirements affecting, the internal sale,
offering for sale, purchase, transportation distribution, mixture, processing
or use of imported or domestic products, should not be applied so as to afford
protection to domestic production.
[1] 2. The products of any Member country imported into any other Member country
shall [be exempt from] not be subject, directly or indirectly, to internal
taxes [and] or other internal charges of any kind, in excess of those applied,
directly or indirectly to like domestic products [of national origin.
Moreover, in cases in which there is no substantial domestic production of
like products of national origin, no Member shall apply new or increased
internal taxes on the products of other Member countries for the purpose of
affording protection to the production of directly competitive or substitutable
products] Moreover, no Member shall otherwise apply internal taxes or internal
charges in a manner contrary to the principles set forth in paragraph 1.
3. With respect to any existing internal tax which is inconsistent with the
provisions of paragraph 2 but which is specifically authorized under a trade
agreement, in force on 1O April 1947, in which the import tariff on the taxed
product is bound against increase, the Member imposing the tax shall be free
to postpone the application to such tax of the provisions of paragraph 2 until
such time as the Member can obtain from the other party to the agreement
permission to increase such tariff to the extent necessary to compensate for
the elimination of the protective element of the tax.
[2] 4. The products of any Member country imported into any other Member country
shall be accorded treatment no less favourable than that accorded to like
products of national origin in respect of all laws, regulations, and
requirements affecting their internal sale, offering for sale, purchase,
transportation, distribution, or use. This paragraph shall not prevent
the application of differential internal transportation charges which are
based exclusively on the economic operation of the means of transport and
not on the nationality of the product.
[3] 5. No Member shall establish or maintain any internal quantitative
regulation relating to the mixture, processing or use of products in specified
amount o!r proportions which requires, directly or indirectly, that any
4174 /specified -2- specified amount or proportion of any product which is the subject of the
regulation must be supplied from domestic sources. Moreover, no Member shall
otherwise apply internal quantitative regulations in a manner contrary to the
principles set forth in paragraph 1.
[4] 6. (a) The provisions of paragraph [3] 5 shall not apply to [:
(a) any internal quantitative regulation relating to cinematograph
films and meeting the requirements of Article 19;
(b)] any [other measures of] internal quantitative control]
regulation in force in any Member country on 1 July 1939 [or],
10 10 April 1947 or on the day on which the Finl Act of the.
United Nations Conference on Torade and Emplyment is signed, at the
option of that Member; PROVIDED t[hat any] such measure regulation
hich would be in conflict with the provisions of[ ]paragraph 375
shall not be modified to the detriment of imports and shall be
ubject to negotiations for its limitation, liberalization or
elimination in the manner provided for in respect of tariffs and
preferences under Article 177 treated as a tariff for the purposes
of Article 17.
(b) With the exception of those provisions of regulations pursuant to
sub-paragraph (a) which reserve specified amounts or proportions for
domestic products, no internal quantitative regulation relating to the
mixture, processing or use of products in specified amounts or
proportions shall be applied in such a manner as to allocate any such
amount or proportion among sources of supply.
57 T ) The provisions of this Article shall not apply to laws, regulations
or requirementns gover ing theprocurement by governmental agencies of
products purchased for governmental purposes a[fnd] not or with a view
to commercial resale or with a view to use in the pro ductionof goods
for commercia[,];l sale
(]b) or7 he provisions of this Article s[hall] ftey7 ot prevent the
payment to domestic producers only of subsidies provided for under
Article 25, including payments to domestic producers derived from the
proceeds of internal taxes or charges and subsidies effected through
governmental purchases of domestic products.
INETERPRTATIVE NOTES
To Paragraph 1
The application of paragraph 1 to internal taxes imposed by local
governments within the territory of a Member is subject to the provisions
of paragraph 3 of Article 99. The term "reasonable measures" in the
lastmentioned paragraph would not require, for example, the rep eal -f
/national -3-
national legislation authorizing local governments to impose internal taxes
which, although technically inconsistent with the letter of Article 18, are not
in fact inconsistent with its spirit, if such repeal would result in a serious
financial hardship for the local governments concerned. With regard to
taxation by local governments which is inconsistent with both the letter and
spirit of Article 18, the term "reasonable measures" would permit a Member
to eliminate the inconsistent taxation gradually over a transition period if
abrupt action would create serious administrative and finanial difficulties.
To Paragraph 2
A tax conforming to the requirements of the first sentence of paragraph 2
would be considered to be inconsistent with the second sentence only in cases
where competition was involved between, on the one hand, the taxed product,
and on the other hand, a directly competitive or substitutable product which
was not similarly taxed.
To Paragraph 5
Regulations conforming to the first sentence of paragraph 5 shall not be
considered to be contrary to the second sentence in any case in which all of
the products subject to the regulation are produced domestically in substantial
quantities. A regulation cannot be justified as being consistent with the
second sentence on the ground that the proportion or amount allocated to each
of the products which are the subject of the regulation constitutes an
equitable relationship between imported and domestic products. RESTRICTED
2 February 1948
SUB-COMMITTEE A (ARTICLES 16, 17, 18, 19) OF COMMITTEE III
WORKING PARTY 3
PROVISIONAL REDRAFT: ARTICLE 18
National Treatment on Internal Taxation and Regulation
1. The Members recognize that internal taxes and other internal charges of
any kind, and laws, regulations or requirements affecting the internal sale,
offering for sale, purchase, transportation, distribution, mixture, processing
or use of imported or domestic products, should not be applied so as to afford
protection to domestic production.
[1] 2. The products of any Member country imported into any other Member country
shall [be exempt from] not be subject, directly or indirectly, to internal
taxes [and] or other internal charges of any kind in excess of those applied
directly or indirectly to like domestic products [of national origin.
Moreover, in cases in which there is no substantial domestic production of
like products of national origin, no Member shall apply new or increased
internal taxes on the products of other Member countries for the purpose of
affording protection to the production of directly competitive or substitutable
products] Moreover, no Member shall otherwise apply internal taxes or internal
charges in a manner contrary to the principles set forth in paragraph 1.
3. With respect to an existing internal tax which is inconsistent with the
provisions of paragraph 2 but which is specifically authorized under a trade
agreement. in force on 10 April 1947, in which the import tariff on the taxed
product is bound against increase, the Member imposing the tax shall be free
to postpone the application of the provisions of paragraph 2 to such tax until
such time as the Member can obtain from the other party to the agreement
permission to increase such tariff to the extent necessary to compensate for
the elimination of the protective element of the tax.
[2] 4. The products of any Member country imported into any other Member country
shall be accorded treatment no less favourable than that accorded to like
products of national origin in respect of all laws, regulations, and
requirements affecting their internal sale, offering for sale, purchase,
transportation, distribution, or use. This paragraph shall not prevent
the application of differential internal transportation charges which are
based exclusively on the economic operation of the means of transport and
not on the nationality of the product.
[3] 5. No Member shall establish or maintain any internal quantitative
regulation relating to the mixture, processing or use of products in specified
/amount or
4231 -2-
amounts or propertions which requires, directly or indirectly, that any
specified amount or proportion of any product which is the subject of the
regulation must be supplied from domestic sources. Moreover, no member shall
otherwise apply internal quantitative regulations in a manner contrary to the
principles set forth in paragraph 1.
[4] 6. The provisions of paragraph [3] 5 shall not apply to [:
(a) any internal quantitative regulation relating to cinematograph films
and meeting the requirements of Article 19;
(b)] any [other measures of] internal quantitative [control] regulation
in force in any Member country on 1 July 1939 [or], 10 April 1947 or
on the day on which the Final Act of the United Nations Conference
on Trade and Employment is signed, at the option of that Member; PROVIDE
that any such [measure] regulation which would be in conflict with the
provisions of paragraph [3] 5 shall not be modified to the detriment of
imports and shall be subject to negotiation [s for its limitation,
liberalization or elimination in the manner provided for in respect of
tariffs and preferences under Article 177 and accordingly shall be
treated as tariff for the purposes of Article 17.
7. No internal quantitative regulation relating to the mixture, processing
or use of products in specified amounts or proportions shall be applied in
such a manner as to allocate any such amount or proportion among external
sources of supply.
[5] 8. (a) The provisions of this Article shall not apply to laws regulations
or requirements governing the procurement by governmental agencies of
products purchased for governmental purposes and not, [for] with a view
to commercial resale or with a view to use in the production of goods
for commercial sale [,];
(b) [nor] The provisions of this Article shall [they] not prevent the
payment to domestic producers only of subsidies provided for under
Article 25, including payments to domestic producers derived from the
proceeds of internal taxes or charges and subsidies effected through
governmental purchases of domestic products.
INTERPRETATIVE NOTES
To Paragraph 1
The application of paragraph 1 to internal taxes imposed by local
governments within the territory of a Member is subject to the provisions
of paragraph 3 of Article 99. The term "reasonable measures" in the
last-mentioned paragraph would not require, for example, the repeal of
national legislation authorizing local governments to impose internal taxes
which, although technically inconsistent with ,the letter of Article 18, are
/not in fact -3-
not in fact inconsistent with its spirit, if such repeal would result in
a serious financial hardship for the local governments concerned. With regard
to taxation by local governments which is inconsistent with both the letter and
spirit of Article 18, the term "reasonable measures" would permit a Member
to eliminate the inconsistent taxation gradually over a transition period if
abrupt action would create serious administrative and financial difficulties.
To Paragraph 2
A tax conforming to the requirements of the first sentence of paragraph 2
would be considered to be inconsistant with the second sentence only in cases
where competition was involved between, on the one hand, the taxed product,
and on the other hand, a directly competitive or substitutable product which
was not similarly taxed.
To paragraph 5
Regulations conforming to the first sentence of paragraph 5 shall not be
considered to be contrary to the second sentence in any case in which all of
the products subject to the regulation are produced domestically in substantial
quantities. A regulation cannot be justified as being consistent with the
second sentence on the ground that the proportion or amount allocated to each
of the products which are the subject of the regulation constitutes an
equitable relationship between imported and domestic products. RESTRICTED
2 February 1948
SUB-COMMITTEE A (ARTICLES 16, 17, 18, 19) OF COMMITTEE III
WORKING PARTY 3
ALTERNATIVE DRAFS OF INTERPRETATIVE NOTE TO ARTICLE 17
1. While Article 17 does not specifically provide for negotiations with
respect to internal taxes, it is understood that, in the case of an internal
tax (other than a general tax uniformly applicable to a considerable
number of products) which is imposed by a Member on a product not produced
domestically in significant quantities and which is so high as to reduce
substantially the consumption of the product, another Member would not be
expected to consider as valid or effective a tariff concession on the product
concerned in the absence of a concession with respect to the tax.
2. It is understood that an internal tax (other than a general tax
uniformly applicable to a considerable number of products) would be treated
as a tariff under Article 17 in any case in which a concession with respect
to the internal tax on a product is necessary to make a tariff concession on
that product valid and effective. RESTRICTED
2 February 1948
SUB-COMMITTEE A (ARTICLES 16, 17, 18, 19) OF CMMITTEE III
WORKING PARTY 3 (ARTICLE 18)
DRAFT EXPLANATORY NOTE TO BE INCLUDED IN THE SUB -COMMITTEE 'S REPORT
The delegations of Chile, Lebonon and Syria inquired whether certain
charges imposed by their countries on imported products would be considered
as internal taxes under Article 18. The Sub-Committee considered that the
charges referred. to are import duties and not internal taxes because (a)
they are collected at the time of, and as a condition to, importation, and
(b)they apply exclusively to imported products without being related in any
way to similar chares collected internally on like domestic products. The
fact that these charges are imposed under the internal revenue laws of the
importing country would not in itself have the effect of giving them the
status of internal taxes under the Charter.
4241 RESTRICTED
SuB-COMMITTED A (ARTICLES 16, 17, 18, 19) OF COMMITTEE III
WORKING PARTY 3 (ARICE 18)
Interpretative Note to Article 18
Suggested by the United Kingdom
If any internal tax or other internal charge, or any law, regulation
or requirement of the kind referred to in paragraph 4, applying to an
imported product and to the like domestic product is collected or enforced
in the case of the imported product at the time or point of importation,
it is nevertheless to be regarded as an internal tax or other internal
charge, or a law, regulation or requirement of the kind referred to in
paragraph 4, and is accordingly subject to the provisions of this Article.
4249 RESTRICTED
3 February 1948
SUB-COMMITTEE A (ARTICLES 16, 17, 18, 19) OF COMMITTEE III
WORKING PARTY 3
PROVISIONAL REDRAFT: ARTICLE 18
National Treatment on Internal Taxation and Regulation
1. The Members recognize that internal taxes and other internal charges of
any kind, and laws, regulations or requirements affecting the internal sale,
offering for sale, purchase, transportation, distribution, mixture, processing
or use of imported or domestic products, shoud not be applied so as to afford
protection to domestic production.
[1] 2. The products of any Member country imported into any other Member country
shall [be exemt from] not be subject, directly or indirectly, to internal
taxes [and] or other internal charges of any kind in excess of those applied,
directly or indirectly to like domestic products [of national origin.
Moreover, in cases in which there is no substantial domestic production of
like products of national origin, no Member shall apply new or increased
internal taxes on the products of other Member countries for the purpose of
affording protection to the production of directly competitive or substitutable
products] Moreover, no Member shall otherwise apply internal taxes or internal
charges in a manner contrary to the principles set forth in paragraph 1.
3, With respect to any existing internal tax which is inconsistent with the
provisions of paragraph 2 but which is specifically authorized under a trade
agreement, in force on 10 April 1947, in which the import tariff on the taxed
product is bound against increase, the Member imposing the tax shall be free
to postpone the application of the provisions of paragraph 2 to such tax until
such time as the Member can obtain from the other part to the agreement
permission to increase such tariff to the extent necessary to compensate for
the elimination of the protective element of the tax.
[2] 4. T The products of ay' Member country imported into any other Member county'
shall be accorded treatment no lees favourable than that accorded to like
products of national origin in respect of all laws, regulatio nsand
requiremen tsaffecting their intern alsale, offering for sale, purchase,
transportation, distribution, or use. This paragraph shall not prevent
the application of differential internal transportation charges which are
based exclusively on the economic operation of the means of transport and
not on the nationality of the produc[3
]j 75. No Member shall establish or maintain any internal. antitative
regulation relating to the mixture, processing or use of products in specified
/amount or
4287 - 2 -
amounts or proportions which requires directly or indirectly, that any
specified amount or proportion of any product which is the subject of the
regulation must be supplied from domestic sources. Moreover, no Member shall
otherwise apply internal quantitative regulations in a manner contrary to the
principles set forth in paragraph 1.
[4] 6. The provisions of paragraph [3] 5 shall not apply to [:
(a) any internal quantitative regulation relating to cinematograph films
and meeting the requirements of Article19;
(b)] any [other measures of] internal quantitative [control] regulation
in force in any Member country on 1 July 1939 [or] 10 April 1947 or
on the day on which the Final Act of the United Nations Conference on
Trade and Employment is signed, at the option of that Member; PROVIDED
that any such [measure] regulation which would be in conflict with the
provisions of paragraph [3] 5 shall not be modified to the detriment of
imports and shall be subject to negotiations for its limitation,
liberalization or elimination in the manner provided for in respect of
tariffs and preferences under Article 17] and accordingly shall be
treated as a tariff for the purposes of Article 17.
7. No internal quantitative regulation relating to the mixture, processing
or use of products in specified amounts or proportions shall be applied in
such a manner as to allocate any such amount or proportion among external
sources of supply.
[5] 8. (a) The provisions of this Article shall not apply to laws, regulations
or requirements governing the procurement by governmental agencies of
products purchased for governmental purposes and not [for] with a view
to commercial resale or with a view to use in the production of goods
for commercial sale [,];
(b) [nor] The provisions of this Article shall [they] not prevent the
payment to domestic producers only of subsidies provided for under
Article 25, including payments to domestic producers derived from the .
proceeds of internal taxes or charges and subsidies effected through
governmental purchases of domestic products.
9. The Members recognize that internal maximum price control systems, even
though conforming to the other provisions of this Article, can have effects
prejudicial to the interests of Member countries supplying imported products.
Accordingly, Members applying such systems shall take account of the interests
of exporting Member countries with a view to avoiding to the fullest
practicable extent such prejudicial effects.
/RECOMMENDED 3
RECOMMENDED CONSEQUENTIAL CHANGES
Article 16, paragraph 1
"...... and with respect to all matters referred to in paragraphs
? and 27 2 and 4 of Article 18 ......."
Article 22, paragraph 5
5. The provisions of this Article shall apply to any tariff quota
instituted or maintained by any Member and, insofar as applicable,
the principles of this Article shall also extend to export restrictions
? to any internal regulation or requirements under paragraph 2 of
Article ?.
Article 30, paragraph 2
2. The provisions of paragraph 1 of this Article shall not apply to
imports of products [for immediate or ultimate consumption in governmental
use and not otherwise for resale or for] purchased for governmental purposes
and not with a view to commercial resale or with a view to use in the
production of goods for commercial sale. With respect to such imports, and
with respect to the laws, regulations and requirements referred to in
paragraph 4 of Article 18, the Members shall accord to the trade of the
other Members fair and equitable treatment.
/INTERPRETATIVE INTERPRETATIVE NOTES TO ARTICLE 18
Paragraph 1
If any internal tax or other internal charge, or any law, regulation,
or requirement of the kind referred to in paragraph 1, applying to an
imported product and to the like domestic product is collected or enforced
in the case of the imported product at the time or point of importation,
it is nevertheless to be regarded as an internal tax or other internal
charge, or a law, regulation or requirement of the kind referred to in
paragraph 1, and is accordingly subject to the provisions of Article 18.
The application of paragraph 1 to internal taxes imposed by local
governments within the territory of a Member is subject to the provisions
of paragraph 3 of Article 99. The term "reasonable measures" in the
last-mentioned paragraph would not require, for example, the repeal of
national legislation authorizing local governments to impose internal taxes
which, although technically inconsistent with the letter of Article 18, are
not in fact inconsistent with its spirit, if such repeal would result in
a serious financial hardship for the local governments concerned. With
regard to taxation by local governments which is inconsistent with both the
letter and spirit of Article 18, the term "reasonable measures" would permit
a Member to eliminate the inconsistent taxtion gradually over a transition
period if abrupt action would create serious administrative and financial
difficulties.
Paragraph 2
A tax conforming to the requirements of the first sentence of paragraph 2
would be considered to be inconsistent with the second sentence only in ?
where competition was involved between, on the one hand, the taxed product,
and on the other hand, a directly competitive or substitutable product which
was not similarly taxed.
Paragraph 5
Regulations conforming to the first sentence of paragraph 5 shall not be
considered to be contrary to the second sentence in any case in which all of
the products subject to the regulation are produced domestically in substantial
quantities. A regulation cannot be justified as being consistent with the
second sentence on the ground that the proportion or amount allocated to each
of the products which are the subject of the regulation constitutes an
equitable relationship between imported and domestic products.
/INTERPRETATIVE -5-
INTERPRETATIVE NOTE TO ARTICLE 17
It is understood that an internal tax (other than a general tax
uniformly applicable to a considerable number of products) which is applied
to a product not produced domestically in substantial quantities would be
treated as a tariff under Article 17 in any case in which a concession with
respect to the tax is necessary to make a tariff concession on the product
valid and effective. RESTRICTED
3 February 1948
SUB-COMNITTEE A (ARTICLES 16, 17, 18, 19) OF COMMITTEE III
WORKING PARTY 3 (ARTICLE 18) AND WORKING PARTY 4 (ARTICLE 19)
PROVISIONAL REDRAFT: ARTICLE 19
Special Provisions Relating to Cinematograph Films
[If any Member establishes or maintains] The provisions of Article 18 do
not prevent any Member from establishing or maintaining internal quantitative
regulations relating to exposed cinematograph films ? . Any such regulations
shall take the form of screen quotas which shall conform to the following
conditions and requirements:
(a) Screen quotas may require the exhibition of cinematograph films
of national origin during a specified minimum proportion of the total
screen time actually utilized over a specified period of not less than
one year in the commercial exhibition of all films of whatever origin,
and shall be computed on the basis of screen time per theatre per year
or the equivalent thereof.
(b) With the exception of screen time reserved for films of national
origin under a screen quota, [no] screen time, including screen time
released by administrative action from minimum time reserved for films
of national origin, shall [formally or in effect be allocated] not be
allocated formally or in effect among sources of supply.
(c) Notwithstanding the provisions of sub-paragraph (b) above, [Members]
any Member may maintain screen quotas conforming to the [conditions]
requirements of sub-paragraph (a) which reserve a minimum proportion
of screen time for films of a [national] specified origin other than
that of the Member imposing such screen quotas; PROVIDED that no such
minimum proportion of screen time shall be increased above the level
in effect on 10 April 1947.
(d) Screen quotas: shall be subject to negotiation for their limitation,
liberalization or elimination in the manner provided for in respect of
tariffs and preferences under Article 17.
4293 |
GATT Library | ws352tp3531 | Draft Revision of Article 42 | United Nations Conference on Trade and Employment, January 31, 1948 | Joint Sub-Committee of Committees II and III on Tariff Preferences and Joint Sub-Committee of Committees II and III: Tariff Preferences | 31/01/1948 | official documents | E/CNOF.2/C.23/A/13, E/CONF.2/C.23/A/1-15, and C.26/A/1-24 | https://exhibits.stanford.edu/gatt/catalog/ws352tp3531 | ws352tp3531_90180403.xml | GATT_145 | 932 | 5,796 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF. 2/C.2&3/
A/13
31 January 1948
ORIGINAL: ENGLISH-
FRENCH
SECOND AND THIRD COMMITTEES
JOINT SUB-COMMITTEE ON TARIFF PREFERENCES
Draft Revision of Article 42
Article 42
Territorial Application of Chapter IV
1. The rights and obligations arising under this chapter shall be deemed
to be in force between each and every customs territory in respect of which
this Charter has been accepted by a Member in accordance with Article 99.
2. For the purposes of this Charter a customs territory shall be
understood to mean any territory with respect to which separate tariffs or
other regulations of commerce are maintained for a substantial part of the
trade of such territory with other territories.
Article 42A
Frontier Traffic
The provisions of this chapter shall not be construed to prevent
advantages accorded by any Member to adjacent countries in order to facilitate
frontier traffic.
Article 42B
Customs Unions - Free Trade Areas
1. Members recongize that the purpose of the customs unions or of a free
trade area should be .to facilitate trade between the parties to it and not to
[hinder] the trade of such parties with other Members.
2. The provisions of this chapter shall not therefore be construed to
prevent the formation of a customs union or the establishment of a
free-trade area or the adoption of an interim arrangement necessary for
the formation of a customs union or a free-trade area. PROVIDED that:
(i) with respect to a customs union, or an interim agreement
leading to the establishment of a customs union; the duties
and other regulations of commerce imposed at the institution
of any such union or interim agreement en respect of trade
with Members of the Organization shall not on the whole be
higher or more restrictive than the general incidence of the
duties and regulations of commerce applicable in the
constituent territories prior to the formation of such union,
or the adoption of such interim agreement, as the case may be;
/(ii) with respect E/CONF.2/C. 2&3/A/13
Page 2.
(ii) with respect to a free-trade area, or an interim agreement
leading to the establishment of a free-trade area, the duties
and other regulations of commerce maintained in each of the
constituent territiores and applicable at the establishment
of such free trade area, or the adoption of such interim
agreement, to the trade of Members not participating in the
arrangement shall not be higher or more restrictive than the
corresponding tariffs and other regulations of commerce existing
in the same constituent territory prior to the establishment of
the free trade area, or interim agreement, as the case may be;
(iii) PROVIDED further that any interim agreement referred to in
sub-paragraphs (i) and (ii) above shall include a definite
plan and schedule for the attainmnt of such a customs union
or the establishment of such a free trade area within a
reasonable length of time.
3. (a) Any Member before entering into a customs union or a free-trade area,
or an interim agreement leading to the formation of such a union or
free-trade area, shall notify the Organization and shall make available
to it such information regarding the proposed union or free -trade area
as will enable the Organization to make such reports and recommendations
to Members as it may deem appropriate.
(b) If, after having studied the plans and schedules provide for in
an interim agreement under paragaph 2, in consultation with the parties
to that agreement and on the basis of information made available in
accordance with the terms of sub-paragraph (a), the Organization finds
that such agreement is not likely to result in a customs union or in the-
establishment of a free-trade area within the time limit contemplated
by the parties to the agreement and that such tine limit do not
constitute a reasonable length of time, the parties to the agreement
may not maintain it in force or institute such agreement if it has
not yet been concluded.
(c) Any substantial change in the plan or schedule shall be notifled
to the Organization which may request the Members concerned to consult
with it if the change seems likely to Jeopardize or delay unduly the
achievement of the customs union or the free-trade area.
4. For the purposes of this Charter:
(a) A customs union shall be understood to -mean the substitution of
a single customs territory for two or more customs territories, so that
(i) tariffs and other restrictive regulations of commerce (except,
where necessary, those permitted under Section B of Chapter IV
/and under E/CONF.2/C.2&3/A/13
Page 3
and under Article 43 are eliminated on substantially all
the trade between the territories of members of the union
[in products originating in such territories] and
(ii ) substantially the same tariffs and other regulations of
commerce are applied by each of the members of the union
to the trade of territories not included in the union;
(b) A free-trade area shall be understood to mean a group of two
Or more customs territories of Members in which the tariffs and
other restrictive regulations of commerce (except, where necessary,
those permitted under Section B of Chapter IV and under Article 43)
between such territories are eliminated on substantially all the
trade in products originating in territories of constituents of
the free-trade area.
(c) The preferences referred to in paragraph 2 of Article 16
shall not be effected by the constitution of a customs union or
a free-trade area but may be eliminated or adjusted in accordance
With the procedure of Article 17. |
GATT Library | pr958gk0013 | Draft Revision of Article 42 | United Nations Conference on Trade and Employment, February 7, 1948 | Joint Sub-Committee of Committees II and III on Tariff Preferences and Joint Sub-Committee of Committees II and III: Tariff Preferences | 07/02/1948 | official documents | E/CONF.2/C.23/A/13/Rev.1, E/CONF.2/C.23/A/1-15, and C.26/A/1-24 | https://exhibits.stanford.edu/gatt/catalog/pr958gk0013 | pr958gk0013_90180405.xml | GATT_145 | 959 | 6,005 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
RESTRICTED
E/CONF.2/C.2&3/
A/13/Rev.1
7 February 1948
ORIGINAL: ENGLISH-
FRENCH
SECOND AND THIRD COMMITTEES
JOINT SUB-COMMITTEE ON TARIFF PREFERENCES
Draft Revision of Article 42
Article 42
Territorial Application of Chapter IV
1. The rights and obligations arising under this chapter shall be deemed
to be in force between each and every customs territory in respect of which
this Charter has been accepted by a Member in accordance with Article 99.
2. For the purposes of this Charter [Chapter] a customs territory shall be
understood to mean any territory with respect to which separate tariffs or
other regulations of commerce are maintained for substantially all the trade.
of such territory with other territories.
Article 42A
Frontier Traffic
The provisions of this chapter shall not be construed to prevent
advantages accorded by any Member to adjacent countries in order to facilitate
frontier traffic.
Article 42B
Customs Unions - Free Trade Areas
1. Members recognize that the purpose of a customs union or of a free trade
area should be to facilitate trade between the parties to it and not to raise
obstacles to the trade of other Members with such parties.
2. The provisions of this charter shall not therefore be construed to
prevent the formation of a customs union or the establishment of a free-trade
area or the adoption of an interim agreement necessary for the formation of
a customs union or a free-trade area. PROVIDED that:
(i) with respect to a customs union, or an interim agreement
leading to the establishment of a customs union; the duties
and other regulations of commerce imposed at the institution
of any such union or interim agreement in respect of trade
with Members of the Organization shall not on the whole be
higher or more restrictive than the general incidence of the
duties and regulations of commerce applicable in the
/constituent Page 2 constituent territories prior to the formation of such union,
or the adoption of such interim magreeent, as the case may be;
With respect to a free-trade area, or an interim agreement
nglead to the establishment of a free-trade area, the duties
and otheru reglations of commerce maintained in each of the
Cnstintuet territories and applicable at the establaishment
of such free trade area, or the adoption of such interim
agreement, to the trade of Members not participating in the
anrragement shall not be higher or more restrictive than the
corresponding tariffs and other regulations of commerce existing
In the same constituent territory prior to the establishment of
the free trade area, or interim agreement, as the case may be;
(iii) PROVIDED further that any interim agreement refierred to n
Aub-paragraph (i) and (ii) above shall include a definite
plan and schedule for the attainment of such a customs union
O the establishment of such a free trade area within a
reasonable length of time.
3. (a) Any Member deciding to enter into a customs union or a free-trade
area, O an interim agreement leading to the formation of such a union or
faree-trde area, shall promptly notify the Organization and shall make
available to it such information regarding the proposed union or free-
trade area as will enable the Organization to make such reports and
recommendations to Member as It may deem appropriate.
(b) If after baling studied the plans and schedules provided for in
an interim agreement under paragraph 2, in consultation with the parties
to that agreement and giving due account to the information made available
in accordance iwth the terms of sub-paragraph (a), the Organization finds
that such agreement is not likely to result in a customs union or in the
establishment of A free-trade area within the period contemplated by the
parties to the agreement or that such period is not a reasonable one, the
Organizatons shall make recomendations to the parties to the agreement.
If the parties are not prepared to modify the agreement in accordance
with such recommendations, they shall not maintain it in force or
institute such agreement if it has not yet been concluded.
(c) Any substantial change in the plan or schedule shall be notified
to thes Organization which may request the Members concerned to consult
with I If the change se likejly to Jopardize or delay unduly the
achievement of the customs union or the free-trade area,
/4. For the purposes E/CONF.2/C .2&3/A/13/Rev.1
Page 3
4. For the purposes of this Charter:
(a) A customs union shall be understood to mean the substitution of
a single customs territory for two or more customs territories, so that
(i) tariffs and other restrictive regulations of commerce (except,
where necessary, those permitted under Section B of Chapter IV
and under Article 43) are eliminated on substantially all
the trade between the constituent territories of the union
[in products originating in such territories] and
(ii) substantially the same tariffs and other regulations of
commerce are applied by each of the members of the union
to the trade of territories not included in the union;
(b) A free-trade area shall be understood to mean a group of two
or more customs territories [of Members] in which the tariffs and
other restrictive regulations of commerce (except, where necessary,
those permitted under Section B of Chapter IV and under Article 43)
between such territories are eliminated on substantially all the
trade in products originating in constituent territories of the
free-trade area.
5. SubJect to the provisions of sub-pararaphs (a) (i) and (b) of
paragraph 4, the preferences referred to in paragaph 2 of Article 16 shall
not be affected by the constitution of a customs union or a free-trade area,
but may be eliminated or adjusted by means of negotiations with Members
affected. |
GATT Library | zq465pc9614 | Draft rules of procedure chapter I. Agenda | Interim Commission of the International Trade Organization, March 19, 1948 | Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee | 19/03/1948 | official documents | ICITO/EC.1/3, ICITO/EC.1/LIST OF DOCUMENTS, ICITO/EC.1/1-6, and ICITO/EC.1/SR.1,2 | https://exhibits.stanford.edu/gatt/catalog/zq465pc9614 | zq465pc9614_90180063.xml | GATT_145 | 1,667 | 10,611 | UNRESTRICTED ICITO/EC.1/3
19 March 1948
ORIGINAL: ENGLISH
INTERIM COMMISSION OF THE INTERNATIONAL TRADE ORGANIZATION
DRAFT RULES OF PROCEDURE
CHAPTER I. AGENDA
Rule 1
The provisional agenda for each meeting shall be drawn up by the
Executive Secretary in consultation with the Chairman and shall be communicated
to the representatives as soon as possible after its preparation.
Rule 2
The first item upon the provisional agenda of any meeting shall be the
adoption of the agenda.
Rule 3
The Executive Committee may decide to review, add to or delete from the
agenda.
CHAPTER II. REPRESENTATION AND CREDENTIALS
Rule 4
Each member of the Executive Committee shall be represented by an
accredited representative.
Rule 5
Each representative may be accompanied by such alternate representatives
and advisers as he may require.
Rule 6
The credentials of representatives shall be submitted to the Executive
Secretary at least one week before the opening of a meeting. They shall take
the form of communication from or on behalf of the Minister of Foreign
Affairs. The Chairman, after consulting with the Executive Secretary, shall
draw attention to any case where a representative has omitted to present his
credentials in due time and form.
CHAPTER III. PARTICIPATION OF THE UNITED NATIONS, THE SPECIALIZED AGENCIES,
NON-GOVERNMENTAL ORGANIZATIONS AND NON-MEMBERS OF THE EXECUTIVE COMMITTEE
Rule 7
Representatives of the United Nations and the specialized agencies may
/attend ICTO/EC.1/3 Page 2
attend Meetings of the Executive Committee and of its committees and may
participate without vote in their deliberations with respect to items on their
agenda relating to matters within the scope of their respective activities.
Rule 8
The Executive Committee shall accord to the representatives of non-
governmental organizations approved by the Economic and Social Council for the
purpose of consultation the same rights and privileges as are accorded by
commissions of the Council.
Rule 9
The representatives of governments not members of the Executive Committee
may take part as observers at all meetings of the Committee and its sub-
committees. Such representatives may also present items for inclusion upon
the provisional agenda of any meeting and may, upon the invitation of the
Chairman, address a meeting upon any question under discussion.
CHAPTER IV. OFFICERS
Rule 10
The Executive Committee shall elect from the representatives a Chairman
and [3] Vice-Chairman. They shall each hold office for a period of one calendar
year. - .
Rule 11
If the Chairman is absent from an meeting or part thereof, a Vice-Chairman
nominated by him shall preside.
RUe 12
If the Clirm nmimmasto -reprsent a. memer. of.theExecutive ,Co=ite or
is so inchuimasha thairmHAIRsha he can no longer hold office, a new CMll b
elected fror thhairmn.it rof thhairmane term of office of the fomer C..iJ:l
Rule 13 - - - - .- -
A Vice-Chairman acting as Chairman shall-have the same powers and duties
as the Chairman.
Rule'Pi
The Chairman or aVice-Chairman acting as Chairman shall normally -
participate in the proceedings such and. ot as the representative -o the
member by which he was accredited. Z may, however,.at any time request that
he be permitted to act I th- apacity of a-rpresentative .
CHAPER V. SEC! I-T
~~~ - . .: ; ,.
Rule 15 . - -- - -. - -
The Executive Secretary shall act in that capacity at all meetings. He
/a 'apoint ICITO/EC.1/3
Page 3
may appoint another member of the staff to take his place at any meeting.
Rule 16
The Executive Seretary shall direct such staff as is required by the
Executive Committee and shall make all necessary arrangements for meetings.
Rule 17
The Executive Secretary may, at any time, upon the invitation of the
chairman of any meeting, make oral or written statements concerning any question
under consideration.
CHAPTER VI. CONDUCT OF BUSINESS
Rule 18
A simple majority of the members of the Executive Committee shall constitute
a quorum.
Rule 19
In addition to exercising the powers conferred upon him elsewhere by these
rules, the Chairman shall declare the opening and closing of each meeting, shall
direct the discussion., accord the right to speak, put questions to the vote.
announce decisions, rule on points of order and, subject to these rules, have
complete control of the proceedings. The Chairman may also call a speaker to
order if his remarks are not relevant.
Rule 20
During the discussion of any matter a representative may raise a point of
order. In this case the Chairman shall immediately state his ruling. If his
ruling is challenged, the Chairman shall immediately submit it for decision
and it shall stand unless overruled.
Rule 21
During the discussion of any matter a representative may move the
adjournment of the debate. Any such motion shall have priority. In addition
to the proposer of the motion, one representative may be allowed to speak in
favour of, and two representatives against, the motion.
Rule 22
A representative may at any time move the closure of the debate. In
edition to the mover of the motion, not more than one representative may be
granted permission to speak in favour of the motion and not more than two
representatives may be granted permission to speak against the motion, after
which the motion shall be put to the vote immediately.
Rule 23
During the course of a debate the Chairman may announce the list of speakers
and, with the consent of the meeting declare the list closed. He may, however,
accord a right of reply to any representative if a speech delivered after he has
/declared ICITO/EC.1/3
Page 4
declared the list closed makes this desirable.
Rule 24
The Chairman, with the consent of the Executive Committee, may limit the
time allowed to each speaker.
Rule 25
Proposals and shall be introdiced in writing and
circulated to all representatives not later than twelve hours before the
commencement of the meeting at which they are to be discussed.
Rule 26
If two or more proposals are moved relating to the same question, the
meeting shall first vote on the most far-reaching proposal and then on the
next most far-reaching proposal and so on.
Rule 27
When an amendment is moved to a proposal, the amendment shall be put to
the vote first, and if it is adopted, the amended proposal shall then be put
to the vote.-.. .
Rule 28
When two or more amendments are moved to a proposal the meeting shall
vote fit on the. mendment farthest removed in substance from the original
proposal, the,n, if necessary, on the amendmnt next farthest removed.and so
on uril all the amendments have been put to the vote.
CRPM VT. VO:G
Rule 29 .
Each member of the Executive Committee shall have one vote.
Rule 30
Decisions jof the Executive Committee shall be made by a maority of the
members present elvoting.
Ru. 31 .
- . -;**
The Executive Committee shall normally vote by show of bands except when
any representative requests a roll call which bal then be taken in the
English alphabetical orderof the names of the members. -.
Rule 32 . .
f-the Exeouive Committae s equally divided when a vote is 'taen on- a
question other than election, a second vote shall be taken at the next
meeting. If the ExecutiveConmtee is then again equally divided th
proposal shall be regarded as rejected.
/0E* . .T ICTIO/EC.1/3>X. /
Pag 5
TER VIII: LANGUAGES Rule 33
Chinese, English, French, Russian and spanish shall be .lpatidh 1sal be the official
lecuanUa oommif the andExommii CandtFr, SrA 'rlsandl enh the working
languages.
Rule 34.
Sapeeches mde eii workingn r either thlanguages3 shall be interpreted
intorkon thneuage other wiglag.
Rule 35
Speeces mEd in any of the other three official languages shall be
innterporeted ito bth uworkinglangages.
Rule 36
Ag representative may make a;speech in a languagane othan thean official
language,In thi hs scash hsbmalf must proividep foar pt erret ion-nto one
ofi thlen wagorkng aguesetati. Inntoterprn icii into the other working language by
an interprreatier of the Sacetrat may be based on the interpretation given
in the first working language.
Rule 37
SrewlrbersodOdrawn hup alan drt -thewokaing langu gsles. . tran atio
of the w hole oor anypart fy eanrdy isummarrco the onhto any of ter official
languses srhallrbe funished idf reqnuestenby am representative.
Rule 38
A. rsesolution, recommendations and other formal decisions of the
EpmmoxecutivCittee shall be mabde av ailale inthe oangffies.cialp luag Uon
qe re,et of any representative, anr docuy ot ohementcufhe Executive7t1e
Committee shall be made avanilablein ay ore off all of thicial languages.
CHP.ER IX.RECORDS
Rule 39
Summary records of the meetings of the Executive Committee shall be kept
by the Secretariat. They shall be sent as soon as possible to all
representatives who shall inform the Secretariat not later than twenty-four
hours after the circulation of the summary record of any changes they wish
to have made.
.CHAPTER X PUBLICITY OF MEETINGS
Rule 40
The meetings of the Executive Committtee shall be held in public unless
the Executive Committee decides that a meeting shall be held in private. ICITO/EC.1/3 Page 6
Rule 41
The meetings of the committees of the Executive Committee shall
ordinarily be held in private. Each committee my decide that a particular
meeting or meetings shall be held in public.
CHAPTER XI. COMMITTEES
Rule 42
The Executive Committee may set up such committees and sub-committees
as it deems necessary for the performance of its functions
Rule 43
Each committee and sub-committee shall elect its own officers.
Rule 44
The provisions of Rules 19 to 36 inclusive shall be applied in the
proceedings of committees and sub-committees.
Rule 45
A majority of the members of a committee or sub-committee shall
constitute a quorum.
Rule 46
Committees and sub-committees may, by agreements decide to adopt rules
of procedure regarding interpretations or translations of a more simple
character than those laid down in these rules.
Rule 47
Sub-committees shall decide, in consultation with the Secretariat, upon
the form of their records and the procedure to be followed with them. |
GATT Library | jc566ny9206 | Draft Text of Articles 21 and 24 as approved at the Tenth and Eleventh Meetings of Sub-Committee F Article 21 | United Nations Conference on Trade and Employment, February 13, 1948 | Third Committee: Commercial Policy and Sub-Committee F (Articles 21, 23 and 24) | 13/02/1948 | official documents | E/CONF.2/C.3/F/W.27 and E/CONF.2/C.3/F/W.1-31/REV.2 | https://exhibits.stanford.edu/gatt/catalog/jc566ny9206 | jc566ny9206_90190590.xml | GATT_145 | 2,937 | 19,217 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF. 2/C.3/F/W.27
ON DU 13 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
THIRD COMMITTEE: COMMERCIAL POLICY
SUB-COMMITTEE A ON ARTICLE 21, 23 AND 24
DRAFT TEXT OF ARTICLES 21 AND 24 AS APPROVED AT THE TENTH
AND ELEVENTH MEETINGS OF SUB-COMMITTEE F
Article 21
Restrictions to Safeguard the Balance of Payments
1. The Members recognize that
(i) it is primarily the responsibility of each Member to safeguard
its external financial position and to achieve and maintain stable
equilibrium in its balance of payments;
(ii) an adverse balance of payments of one Member may have important
effects on the trade and balance of payments of other Members, if
it results in, or may lead to, the imposition by the Member of
restrictions affecting international trade;
(iii) the balance of payments of each Member is of concern to other
Members, and therefore it is desirable that the Organization should
promote mutual consultations and, where possible, agreed action
consistent with this Charter for the purpose of correcting a
maladjustment in the balance of payments; and that
(1v) action taken to restore stable equilibrium in the balance of
payments should, so far as the Member or Members concerned find
possible, employ methods which expand rather than contract
international trade.
[1.] 2. Notwithstanding the provisions of paragraph 1 of Article 20, any
Member, in order to safeguard its external financial position and balance of
payments, may restrict the quantity or value of merchandise permitted to be
impo ted, subject to the provisions of the following paragraphs of this Article.
[2.] 3. (a) No Member shall institute, maintain or intensify import
restrictions under this Article except to the extent necessary
(i) to forestall the imminent threat of, or to stop, a
serious decline in its monetary reserves, or
. (ii) in the case of a Member with very low monetary reserves,
to achieve a reasonable rate of increase in its reserves;
/due regard E/CONF. 2/C.3/F.27
Page 2
due regard being paid in either case to any special factors which
may, be affecting the Member's reserves or need for reserves,
including, where special external credits or other resources are
available to it, the need to provide for the appropriate use of
ouch credits or resources.
(b) A Member[s] applying restrictions under sub-paragraph (a)
shall progressively relax and ultimately eliminate them as
[sch conditions] its external financial position improves,
in accordance with the provisions of that sub-paragraph.
[maintaining' them only to the extent that the conditions
specified in that sub-paragraph still justify their application.]
This provision shall not be interpreted to mean that a Member
is required. to relax or remove such restrictions if that
relaxation or removal would thereupon produce conditions
justifying the intensification or institution respectively of
restrictions under sub-paragraph (a). They shall eliminate the
restrictions when conditions would no longer justify their
institution or maintenance under that sub-paragraph]
(c) Members undertake:
[(ii)] (i) 'not to apply restrictions so as to prevent
unreasonably the importation of any description
of goods in minimum commercial quantities, the
exclusion of which would impair regular channels
of trade, or restrictions which-would prevent the
importation of commercial samples, or prevent
[compliance with patent, trademarks copyright,
or similar procedures the importation of such
minimum quantities of a product-as may -be
necessary to obtain and. maintain patent, trademark,
copyright or similar rights under industrial or
intellectual property laws;' and
[(iii)] (ii) to apply restrictions under this Article in such
a way as to avoid unnecessary damage to the
commercial or economic interests of any other
Member including interests under Articles 3 and 9.
(Secretariat note: paragraphs 3 (c) (i) and (Ii) were
paragraphs 3 (c) (ii) and (iii) of the Geneva text.)
[ 3.] 4. (a) The E/CONF. 2/C. 3 /F/w.27
Pace 3
[3.] 4. (a) The Members recognize that in the early years of the Organization
al1 of them will be confronted. In varying degrees with problems of
economic adjustment resulting from the war. During this period the
Organization shall, when required to take decisions undar this Articlc
or under Article 23, take full account of the difficulties of post-war
adjustment and of the need which a Mmber may have to use import
restrictons as a step toward the restoration of equilibrium in its
balance of payments on a sound and lasting basis.
(b) The Members recognize that, as a result of domestic policies
directed toward. the fulfilment of a Member's obligations under
Article 3 relating to the achievement and maintenance of full and
productive employment and large and steadily growing demand or its
obligations under Article 9 relating to the reconstruction or
development of industrial and other economic resources and to the
raising of standards of productivit, such a Member may experience
[ai high level of demand for imports] such pressure on its monetary
reserves as to justify restrictions s under sub-paragraph 3 (a) of
this Article.
Accordingly:
(i) [notwithstanding the provisions of paragraph 2 of
this Article] no Member shall be required to withdraw
or modify restrictions on the ground that a change in
such policies would render unnecessary the restrictions
which It Is. applying under this Article.
(ii) any Member applying import restrictions under this Article-,
may determine the incidence of the restrictions on importe
of different products or classes or products in such a way
as to give priority to the importation of those products
which are more essential in the light of such policies.
(c) Members undertake, in carrying out their domestic policies [:]
[(1)] to pay due regard to the need for restoring equilibrium in
their balance of payements on a sound and lasting basis and to the
desirability of assuring an economic employment of productive
resources[;]
[(ii)] (transferred to 2 (c) (i))
[(iii)] (transferred to 2 (c) (ii))
[4.] 5. (a) Any Member which is not applying restrictions under this Article,
but is considering the need to do so, 'shall, before instituting such
restriction (or, in circumstances in which-priori consultation is
impracticable, immediately after doing so), consult with the
/Organization as to E./CONF.2/C.3/F/W.27
Page 4
Organization as to the nature of its balance-of-payments difficulties,
alternative corrective measures which may be available, and the
possible effect of such measures an the econoies of other Members.
No Member shall be required in the course of consultations under
this sub-paragraph to indicate in advance the choice or timing of
any particular measure which it may ultimately determine to adopt.
(b) The Organization may at any time invite any Member which is
applying import restrictions under this Article to enter into such
consultations with it, and, shall invite any Member substantially
intensifying such restrictions to consult within, thirty days. A
Member thus invited shall participate in such discussions. The
Organization may invite any other Member to take part in these
discussions. Not later than two years from the day on which this
Charter enters into force, the Organization shall review all
restrictions existing on that day and still applied under this
Article at the time of the review.
(c) Any Member may consult with the Organization with a view to
obtaining the prior approval of the Organization for restrictions
which the Member proposes, under this Article, to maintain, intensify
or institute, or for the maintenance, intensification or institution
of restrictions under specified future conditions. As a result of
such consultations, the Organization may approve in advance the
maintenance, intensification or institution of restrictions by the
Member in question insofar as the general extent, degree of intensity
and duration of the restrictions are concerned. To the extent to
which such approval has been given, the requirements of
sub-paragraph (a) of this paragraph shall be deemed to have been
fulfilled, end the action of the Member applying the restrictions
shall not be open to challenge under sub-paragraph (d) of this
paragraph on the ground that such action is inconsistent with the
provisions of sub-paragraphs 2 (a) and 2 (b) of this Article,
(d) Any Member which considers that another Member is applying
restrictions under this Article in consistently with paragraph , 3
[3] 4 of this Article or with Article 22 (subjeto the provisions
of Article 23) may bring the matter for discussion to the Organization;
and the Member applying the restrictions shall participate in the
discussion. The Organization, if it is satisfied that there is a
prima facie case that the trade of -the Member initiating the procedure
is adversely affected, shall' submit its view to the parties with the
/aim of E/CONF. 2/C. 3/F/W 27
Page 5
aim of achieving a settlement of the matter in question which is
satisfactory to the parties and-.te-the Organization. If no such
settlement is reached and if the organization determines that the
restrictions are being applied inconsistently with paragraph [2] 3
of this Article.or with Article 22 (subject to the provisions
of Article 23), the. Organization shall recommend the withdrawal or
modification of .the restrictions. If the restrictions are not
withdrawn or modified in accordance with-the reccommendatian of the
Organization within sixty days, the Organization may release any
Member fron specified obligations under this Charter, towards the
Member applying the restrictions.
(e) In consultations between a Member and the Organization under
this paragraph there shall be full and. free discussion as to the
various causes and the nature of the Member' s balance-of-payments
difficulties. It is recognized that premature disclosure of the
prospective application, withdrawal or modification of any restriction
under this Article might stimulate speculative trade and financial
movements which would tend to defeat the purposes of this Article.
Accordingly, the Organization shall make provision for the observanace
of the utmost secrecy in the conduct of any consultation.
[5.] 6 If there is a persistent and widespread application of import
restrictions under this Article, indicating the existence of a general
disequilibrium which is restricting international trade, the Organization shall
initiate discussions to consider whether other measures might be taken, either
by, those Members whose balances of payments are under pressure or by those
members whose balance of payments are tending to be exceptionally favourable,
or by by any appropriate inter-governmental organization, to remove the underlying
causes of the disquilibrium. On the invitation of the Organization, Members
shall participate in such discussions.
Interpretative Note to Article 21
[paragraph 3 (b) (i).
The phrase "notwithstanding the provisions of paragraph 2 of this Article"
has been included in the text to make it quite clear that a Member's import
restrictions otherwise "necessary" within the meaning of sub-paragraph 2 (a)
shall not be considered unnecessary on the ground that a change in domestic
policies as referred to in the text could improve a Member's monetary reserve
position. The phrase is not intended to suggest that the provisions of
paragraph 2 are affected in anry other way]
/Consideration was E/CONF.2/C.3/F/W.27
Page 6
Consideration was: given to the special problems that might be created
for Members which, as a result of their programmes of full employment,
maintenance of- high an rising levels of demand and economic development,
find themselves faced with a high level of demand for imports, and in
consequence maintain quantitative regulation of their foreign trade. It
was considered that the present text of Article 21 together with the
provisions for export controls in certain parts of the Charter, e.g. in
Article 43, fully meet the position of these economies.
/ARTICLE 24 E/CONF.2/C.3/F/W.27
Page 7
ARTICLE 24
[Exchange Arrangements]
Relationship with the International Monetary Fund and Exchange Arangements
1. The Organization shall seekk co-operation with the International Monotary
Fund to the end -that the Organization and tho Fund may pursue a co-ordinated
policy with regard to exchange questions within the jurisdiction of the Fund
and questions of quantitative restrictions and other trade measures within the
jurisdiction of the Organization.
2. In all cases in which the Organization is called upon to consider or
deal with problems concerning monetary reserves, balance of payments or foreign
exchange arrangements, the Organization shall consult fully with the
International Nonotary Fund. In such consultation, the Organization shall
accept all findings of statistical and other facts presented by the International
Monotary Fund relating to foreign exchange, monetary reserves and balance of
payments, and shall accept the determination of the Fund as to whether action
by a Member in exchange matters is in accordance with the Articles of Agreement
of the International Monetary Fund, or with the terms of a special exchange
agreement between that Member and the Organization. When the Organization,
[in] for the purpose of reaching its final decision in cases involving the
criteria set forth in paragraph 2 (a) of Article 21, is examining a situation
in the light of the relevant considerations under all the pertinent provisions
of Article 21. it shall accept the determination of the International Monetary
Fund as to what constitutes a serious decline in the Member's monotary reserves,
a very low level of its monetary reserves or a reasonable rate of increase in
its monetary reserves, and as to the financial aspects of other matters covered
in consultation in such cases.
3. The Organization shall seek agreement with the International Monetary
Fund regarding procedures for consultation under paragraph 2 of this Article.
Any such agreement, other than informal arrangements of a temporary or
administrative character, shall be subject to confirmation by the Conference.
4. Members shall not, by exchange action, frustrate the intent of the
provisions of this Section, nor, by trade action, the intent of the provisions
of the Articles of Agreement of, the International Monetary Fund.
5, If the Organization considers, at any time, that exchange restrictions
on payments and transfers in connection with imports are being applied by a
Member in a manner inconsistent with the exceptions provided in this Section
for quantitative restrictions it shall report thereon to the International
Monetary Fund.
6. (a) Any Member of the Organization which is not a member of the International
/Monetary E/CONF.2/C. 3/F/W.27
Page 8
Monetary Fund shall, within a time to be determined by the organization
after consultation with the International Monetary Fund, become a member
of the Fund or, failing-that, enter into a special exchange agreement
with the. Organization. A Member of the Organization which ceases to be
a member of the International Monetary Fund shall forthwith enter into
a special exchange agreement with the Organization. Any special exchange
agreement entered into by a Member under this paragraph shall thereupon
become part of its obligations under this Charter.
[7 (a)] (b) Such a special exchange agreement [between a Member and the
Organization under paragraph 6 of this .Article7 shall provide to the
satisfaction of the Organization that the objectives of this Charter
will not be frustrated as a result of action in exchange matters by the
Member in question.
[(b)] (C) The terms of any7 such agreement shall not impose obligations on
the Member in exchange matters generally more restrictive than those
imposed by the Articles of Agreement of the International Monetary Fund
on members of the Fund.
(d) No special exchange agreement shall be required of a Member so long
as it uses solely the currency of another Member and so long as neither
the Member nor the country whose currency is being used has exchange
restrictions. Nevertheless, if the Organization at any time considers
that the absence of a special exchange agreement may be permittings action
which tends to Impair the purposes the of the provisions of this
Charter, it may require the Member to enter into a special exchange
agreement in accordance with the provisions of this Article. A Member
of the Organization which is not a Member of the International Monetary
Fund. which has no special exchange agreement may be required at any
time to consult with the Organization on any exchange problem.
[8.] 7. A Member which is not a member of the International Monetary Fund,
whether or not it has a special exchange agreement, shall furnish such
informtion within the general scope of Section 5 of Article VIII of the
Articles of Agreement of the International Monetary Fund as the Organization
may, require in order to carry out its functions under this Charter.
[9.] 8. Subject to paragraph 4 of this Article,. nothing in this Section shall
preclude:
(a) the use by a Member of exchange controls or exchange restrictions
in accordance with the Articles of Agreement of the International Monetary
Fund or with that Member's special. exchange agreement with the .Organization,
or
/(b) the use E/CONF. 2/C . 3/F/W. 27
Page 9
(b) the use by a Member of restrictions or controls on imports or exports,
the sole effect of which, additions to the effects permitted under
Articles 20, 21, 22 and 23, is to make effective such exchange controls
or exchange restrictions.
Interpretative Note to Paragraph 4
The 'word "frustrate" is intended to indicate, for example, that
infringements by exchange action of the letter of any Article of this Charter
shall not be regarded as offending against that Article if, in practice, there
is no appreciable departure from the intent of the Article. Thus a Member
which, as part of its exchange control, operated in accordance with the Articles
of Agreement of the International. Monetary Fund, required payment to be
received for its exports in its own currency or in the currency of one or more
members of the International Monetary Fund would not thereby be deemed to be
offending against Article 20 or Article 22. Another example would be that of
a Member which specified on an import licence the country from which the goods
might be imnported for the purpose not of introducing are additional element
of discrimination in its import licences but of enforcing permissible exchange
controls. |
GATT Library | bs866vq7786 | Drafts of agreements between the International Trade Organization and other International Organs : Note by Executive Secretary | Interim Commission for the International Trade Organization, October 4, 1948 | Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee | 04/10/1948 | official documents | ICITO/EC.2/21 and ICITO/EC.2/15-ICITO/EC.2/21 | https://exhibits.stanford.edu/gatt/catalog/bs866vq7786 | bs866vq7786_90060220.xml | GATT_145 | 7,881 | 53,439 | INTERIM COMMISSION COMMISSION INTERIMAIRE DE UNRESTRICTED
OR THE INTERNATIONAL L'ORGANISATION INTERNATIONALE ICITO/EC. 2/21
TRADE ORGANIZATION DU COMMERCE 4 October 1948
ORIGINAL: ENGLISH
Executive Committee
Second Session
DRAFTS OF AGREEMENTS BETWEEN THE INTERNATIONAL TRADE
ORGANIZATION AND OTHER INTERNATIONAL.
Note by Executive Secretary
The Executive Committee at its Second Session prepared, in
accordance with its terms of reference, draft agreements between
the International Trade Organization on the one hand, and the
United Nations, the International Monetary Fund, the Food and
Agriculture Organization and the International Labour Organizati-
on the other, and a draft for an exchange of letters between the
International Trade Organization and the International Civil
Aviation Organization. These texts are intended as drafts to
be submitted by the Interim Commission to the first Annual
Conference of the ITO for consideration and approval.
These drafts are circulated herewith to governments for
further study, pursuant to the procedure suggested in the Report
of Sub-Committee 3 on Administration (ICITO/EC.2/14) and agreed
to at the Thirteenth Meeting of the Executive Committee.
Insofar as further consideration by governments or
consultations with the other organizations makes desirable
further discussion of any or all of these drafts by the
Executive Committee, they will be placed upon the agenda of the
next session. ICITO/EC.2/21
page 3.
DRAFT AGREEMENT THE INTERNATIONAL TRADE ORGANIZATION AND THE UNITED NATIONS.
Article 57 of the Charter of the United Nations
(hereinafter called the Charter) provides that
specialized agencies, established by inter-governmental
agreement and having wide international responsibilities
as defined in their basic instruments in economic,
social, cultural, educational, health and related
fields shall be brought into relationship with the
United Nations.
Article 86 of the Havana Charter provides that
the International Trade Organization (hereinafter
called the Organization) shall be brought into
relationship with the United Nations as one of the
specialized agencies referred to in Article 57 of the
Charter.
Therefore the United Nations and the
Organization agree as follows :
ARTITCLE I
1. The United Nations recognizes the Organization
as a specialized agency and as being responsible for
taking such action as may be appropriate under its basic
instrument for the accomplishment of the purposes set
forth therein.
20 The United Nations recognizes that certain of
the functions now performed by the subsidiary organs
of the Economic and Social Council under the supervision
of the Economic and Social Council coincide to some ICITO/EC. 2/21
page 4.
extent with the functions of the Organization under its
Charter. Consultation shall therefore take place as
soon as possible between the United Nations and the
Organization in order to ensure that the allocation of
functions between the Organization and the subsidiary
organs of the Economic and Social Council shall be
consistent with the provisions of paragraph 1 of this Article.
Reciprocal Representation
1. The United Nations shall be invited to send
representatives to attend the meetings of the Conference
of the Organization, the Executive Board, the Commissions
and Committees, and such general, regional or other special
meetings as the Organization may convene, and to
participate, without the right to vote, in the deliberations
of these bodies.
2. The Organization shall be invited to send representa-
tives to attend the sessions of the Economic and Social
Council and of its commissions and committees, and to
participate, without the right to vote, in the deliberations
of these bodies with respect to items on their agenda
relating to matters within the scope of its activities.
3. The Organization shall be invited to send representa-
tives to attend meetings of the General Assembly for
purposes of consultation on matters within the scope of
its activities.
4 The Organizatiorn shall be invited to send representa-
tives to attend meetings of the main committees of the
General Assembly when matters within the scope of its
activities are under discussion and to partcipate,
without the right to vote, in such discussions. ICITO/EC 2/2l
page 5.
5. The Organization shall be invited to attend the
meetings of the Trusteeship Council and to participate,
without the right to vote, in the deliberations thereof
with respect to items on the agenda relating to matters
within the scope of its activities.
6. Written statements of the Organization shall be
distributed by the Secretary-General of the United Nations
(hereinafter referred to as the Secretary-General) to the
Members of the General Assembly, the members of the
Economic and Social Council and its commissions or the
members of the Trusteeship Council as appropriate.
Similarly written statements presented by the United Nations
shall be distributed by the Director-General of the
Organization (hereinafter referred to as the Director-
General) to the Members of the Organization.
ARTICLE II (a)
Safeguards for confidential information
1. The United Nations and the Organization are subject
to certain necessary limitations for the safeguarding of
confidential information furnished to them by their
Members or others. Moreover, the Havana Charter lays
special emphasis on the highly confidential nature of
certain consultations to be undertaken by or through the
Organization.
2. Accordingly, nothing contained in this Agreement
shall be construed
(a) to require either of them to make available any
information the furnishing of which would in its
judgment constitute a violation of the confidence
of any of its Members or any other source from which
such information shall have been received, or which
would otherwise interfere with the orderly conduct of
its operations, or ICITO /EC. 2/21
page 6
(b) to give either of them the right to attend meetings
held by the other at which attendance is restricted
because of the confidential character of the matters
to be discussed.
ARTICLE III
Proposal of Agenda Items
Subject to such preliminary consultation as may be
necessary, the Organization shall include on the agenda of
the Conference, Executive Board and the Commissions, items
proposed to it by the United Nations. Similarly the
Economic and Social Council and its commissions and the
Trusteeship Council shall include on their agenda items
proposed by the Conference or Executive Board of the
Organization.
ARTICLE IV
Recommendations of the United Nations
1. The Organization having regard to the obligation of
the United Nations to promote the objectives set forth in
Article 55 of the Charter and the functions and powers of
the Economic and Social Council under Article 62 of the
Charter to make or initiatiate studies and reports with
respect to international economic, social, cultural,
educational, health and related matters and to make
recommendations concerning these matters to the
specialized agencies concerned, and having regard also to
the responsibility of the United Nations, under Articles
58 and 63 of the Charter, to make recommendations for the
co-ordination of the policies and activities of such
specialized agencies, agrees to arrange for the submission, ICITO/EC .2/21
Page 7.
as soon as possible, to the Conference, the Executive Board,
or other appropriate organ of the Organization, of all
formal recommendations which the United Nations may make to
it.
2. The Organization agrees to enter into consultation
with the United Nations, upon request, wiith respect to such
recommendations and in due course to report to the United
Nations the results of its consideration of such
recommendations, including any action taken by the
Organization or by its Members as a consequence thereof.
ARTICLE V
The Organization affirms its intention of co-operating
in whatever further measures may be necessary to make co-
ordination of the activities of specialized agencies and
those of the United Nations fully effective. In particular,
it agrees to participate in, and to co-operate with any
bodies which the Economic and Social Council has established
or may establish for the purpose of facilitating such co-
ordination and to furnish such information as may be
required for the carrying out of this purpose.
ARTICLE VI
Public Information
Having regard to the fact that it is essential for
the success of the Organization to enlist the support of
an informed public opinion, the Organization agrees that
it will collaborate, to the fullest extent practicable
with the machinery of the United Nations for this purpose. ICITO/EC. 2/21
page 8.
ARTICLE VII
Exchange of Information and Documents
1. The fullest and promptest exchange of information and
documents shall be made by the United Nations and the
Organization.
2. Without prejudice to the generality of the provisions
of paragraph 1 :
(a) the Organization agrees to transmit to the United
Nations regular reports on the activities of the
Organization and insofar as practicable an account of its
proposed activities and work programmes.
(b) the Organization agrees to comply to the fullest
extent practicable with any request which the United Nations
may make for the furnishing of special reports, studies or
information, subject to the conditions set forth in
Article XVII; and
(c) the Secretary-General shall, upon requests consult
with the Director-General regarding the provision to the
Organization of such information as may be of special
interest to the Organization.
ARTICLE VIII
Assistance to the Security Council
The Organization agrees to co-operate with the
Economic and Social Council in furnishing such information
and rendering such assistance to the Security Council as
that Council may request, including assistance in carrying
out decisions of the Security Council for the maintenance or
restoration of international peace and security. ICITO/EC. 2/21.
page 9.
Assistance to the Trusteeship CounciI
The Organization agrees to co-operate with the
Trusteeship Council in the carrying out of the functions
of that Council, and in particular agrees that it will,
to the greatest extent possible, render such assistance
as the Trusteeship Council may request, in regard to
matters, with which the Organiization is concerned.
ARTICLE X
Non-Self-Governing Territories
The Organization agrees to co-operate, with the
United Nations in giving effect to the principles and
obligations set forth in Chapter XI of the Charter with
regard to matters affecting the well-being and development
of the peoples of non-self-governing territories.
ARTICLE XI Relations with the International Court
of Justice
1. The Organization agrees to furnish any information
which may be requested the International Court of
Justice in pursuance of Articlce 34 of the Statute of the
Court.
2. The, General Assembly authorizes the Organization to
request advisory opinions of the International Court of
Justice on legal questions arising within the scope of its
activities other than questions conerning the mutual
relationships of the Organization and the United Nations
or other specialized agencies.
3. When requesting the International Court of Justice
to give an advisory opinion, the orgaization shall inform
the Economic and Social Council of the request. ICITO/EC.2/21
page 10.
ARTICLE XIII
Headquarters and Regional Offices
1. The Organization agrees to consult with the United
Nations before making any decision concerning the location
of its permanent headquarters.
2. In order that any regional or branch offices which the
Organization may establish shall, so far as practicable, be
closely associated with such regional or branch offices as
the United Nations and other specialized agencies have or
may establish, the Organization agrees to consult with the
Administrative Committee on Co-ordination.
ARTICLE XIII
Personnel Arrangements
1. The United Nations and the Organization recognize
that the eventual development of a single unified inter-
national civil service is desirable from the standpoint of
effective administrative co-ordination, and, with this end
in view, agree to develop common personnel standards,
methods and arrangements designed to avoid serious
discrepancies in terms and conditions of employment, to
avoid competition in recruitment of personnel, and to
facilitate interchange of personnel in order to obtain the
maximum benefit from their services,
2. The United Nations and the Organization agree to
co-operate to the fullest extent possible in achieving
these ends and in particular they agree to:
(a) participate in the International Civil Service
Advisory Board established for the purpose of contributing
to the improvement of recruitment and related phases of
personnel administration in all of the participating
international organizations; ICITO/EC .2/21
page 11.
(b) consult together concerning other matters
relating to the employment of their officers and staff,
including conditions of service, duration of appointments,
classification, salary scales and allowances, retirement
and pension rights and staff regulations and rules with a
view to securing as much uniformity in these matters as
shall be found practicable;
(c) co-operate in the interchange of personnel, when
desirable, on a temporary or permanent basis, making due
provision for the retention of seniority and pension rights.
(d) co-operate in the establishment and operation of
suitable machinery for the settlement of disputes arising in
connection with the employment of personnel and related
matters.
ARTICLE XIV
Statistical Services
1. The Uniecd Nations and the Organization agree to strive
for maximum co-operation, the elimination of all undesirable
duplication between them, and the most efficient use of their
technical personnel in their respective collection, analysis,
publication and dissemination of statistical information.
They agree to combine their efforts to secure the greatest
possible usefulness and utilization of statistical
information and to minimize the burdens placed upon
national governments and other organizations from which such
information. may be collected.
2. The Organization recognizes the United Nations as the
central agency for the collection, analysis, publication,
standardization and improvement of statistics serving the
general purposes of international organizations. ICITC/EC.2/21
Page 12
3.. The United Nations recognizes the Organization as the
appropriate agency for the collection, analysis, publication,
standardization and improvement of statistics within its
special sphere, without prejudice to the right of the
United Nations to concern itself with such statistics so
far as they may be essential for its own purposes or for
the improvement of statistics throughout the world.
4.The United Nations shall, in consultation with the
specialized agencies, develop administrative instruments
and procedures through which effective statistical co-
operation may be secured between the United Nations and
the agencies brought into relationship with it.
5. It Is recognized as desirable that the collection of
statistical information should not be duplicated by the
United Nations or any of the specialized agencies whenever
it is practicable for any of them to utilize information or
materials which another may have available.
6. In order to build up a central collection of statistical
information for general use, it is agreed that data supplied
to the Organization for incorporation in its basic
statistical series or special reports should, so far as
applicable, be made available to the United Nations.
ARTICLE XV
Administrative and Technical Services
1. The United Nations and the Organization recognize the
desirability, in the interest of administrative and
technical uniformity, and of the most efficient use of
personnel and resources, of avoiding, whenever possible,
the establishment and operation of competitive or over-
lapping facilities and servIces among the United Nations and
the specialized agencies. ICITO/EC .2/21
page 13.
2. Accordingly, the United Nations and the Organization
agree to consult together concerning the establishment and
use of common administrative and technical services and
facilities in addition to those referred to in Articles
XIII, XIV and XVI, insofar as the establishment and use
of such services may from time to time be found practicable
and appropriate.
3. Arrangements shall be made between the United Nations
and the Organization in regard to the registration and
deposit of official documents.
4. The officials of the Organization shall have the
right to use the laissez-passer of the United Nations in
accordance with special arrangements to be negotiated
between the Secretary-General and the Director-General.
ARTICLE XVI
Budgetary and Financial Arrangements
1. The Organization recognizes the desirability of
establishing close budgetary and financial relationships
with the United Nations in order that the administrative
operations of the United Nations and of the specialized
agencies shall be carried out in the most efficient and
economical manner possible, and that the maximum measure
of co-ordination and uniformity with respect to these
operations shall be secured.
The United Nations and the Organization agree to
co-operate to the fullest extent possible in achieving
the purposes of paragraph 1 of this Articles Accordingly
the following arrangements shall govern budgetary and
financial relationships between the United Nations and the
organization: ICITO/EC . 2/21.
page 14.
(a) in the preparation of budgetary estimates of the
Organization the Director-General shall consult with the
Secretary-General with a view to achieving, insofar as
practicable, uniformity in the presentation of the budgets
of the United Nations and of the specialized agencies for
the purpose of providing a basis for comparison of the
several budgets;
(b) the Organization agrees to transmit its budget
or proposed budgetary estimates to the United Nations by
1 July or such other date as may be agreed upon by the
United Nations and the Organization. The General Assembly
shall examine the budget or proposed budget of the
Organization and may make recommendations to it concerning
any item or items contained therein;
(c) representatives of the Organization shall be
entitled to participate, without the right to vote, in the
deliberations of the General Assembly or any committee
thereof or established by it at all times when the budget
of the Organization or general administrative or financial
questions affecting the Organization are under consideration;
(d) the United Nations may undertake the collection of
contributions from those members of the Organization which
are also Members of the United Nations in accordance with
such arrangements as may be defined by a later agreement
between the United Nations and the Organization;
(e) the United Nations shall, upon its own initiative
or upon the request of the Organization, arrange for studies
to be undertaken concerning other financial and fiscal
questions of interest to the Organization and to other
specialized agencies with a view to the provision of common
services and the securing of uniformity in such matters. ICITO/EC.2/21
page 15.
(f) the Organization agrees to conform as far as may
be practicable to standard practices and forms rcommended
by the United Nations.
3. The Organization agrees to consult upon request with
the United Nations regarding the desirability and feasibility
of including the budget.of the Organization within a general
budget of the United Nations, and agrees to consult at the
appropriate time with the United Nations concerning suitable
arrangements for inclusion of the budget of ITO within such
a general budget.
ARTICLE XVII
Financing of Special Services
1. In the event of the Organization being faced.wiith the
necessity of incurrig substatial extra expernse as a result
of any request which the United Nations may make for Special
reports, studies or assistance in accordance with
Articles V, VI or VII or with other provisions of this
agreement, consultation shal ltake place with a view to
determining the most equitable manner in which such expense
shall be borne,
2. Consultation between thd United Nations and the
Organization shall simliarly take place with a view to
making such arrangements as may be found equitable for
covering the costs of central administrative, technical
or fiscal services or facilities or other special assistance
provided by the United Nations.
ARTICLE XVIII
Inter-agency Agreements
The Organization agrees to inform the Economic and
Social Council of the nature and scope of any formal
agreement contemplated and to notify the Council of the ICITO/EC. 2/21
page 16.
conclusion of any formal agreement between the Organization
and any other specialized agencies, inter-governmental
organization or non-governmental organizations.
ARTICLE XIX
Liaison
1. The United Nations and the Organization agree to the
foregoing provisions in the belief that they will contribute
to the maintenance of effective liaison between the two
organizations. They affirm their intention of taking
whatever further measures may be necessary to make this
liaison fully effective.
2. The liaison arrangements provided for in the foregoing
articles of this agreement shall apply as far as appropriate
to the relations between such branch or regional offices as
may be established by the two organizations as well as
between their central offices.
ARTICLE XX
Implementation of the Agreement
The Secretary-General and the Director-General may
enter into such supplementary arrangements for the
implementation of this Agreement as may be found desirable.
ARTICLE XXI
Revision
This Agreement shall be subject to revision by agreement
between the United Nations and the Organization.
ARTICLE XXII
Entry into Force
This agreement shall come into force on its approval
by the General Assembly of the United Nations and the
Conference of the Organization. ICITO/EC. 2/21
page 17.
DRAFT AGREEMENT BETWEEN THE INTERNATIONAL TRADE ORGANIZATION
AND THE INTERNATIONAL MONETARY FUND
The Internrational Monetary Fund, pursuant to Article X
of its Articles of Agreement, and the International Trade
Organization, pursuant to Articles 24 and 87 of the Havana
Charter,
In view of the objectives set forth in Article 24,
paragraph 1, of the Havana Charter,
Have agreed as follows:
ARTICLE I
The IMF shall co-operate with the ITO in the application
of the various provisions of the Havana Charter in accordance
with the terms thereof. The Fund and the ITO shall seek to
pursue a co-ordinated policy with regard to exchange questions
within the jurisdiction of the Fund and questions of
quantitative restrictions and other trade measures within the
jurisdiction of the ITO. In order to achieve such a
coordinated policy, the Fund and the ITO shall co-operate in
accordance with the arrangements set forth in the following
Articles.
ARTICLE II
Consultations
1. Each organization shall, at the request of the other,
consult on the matters in relation to which such consultation
is specifically provided for in the Havana Charter and on
other matters agreed to be of mutual interest.
20 Either organization may initiate a consultation with the
other by giving notice thereof to the other organization,
and supplying the other organization either at that time or
as soon thereafter as possible with all relevant information. ICITO/EC .2/21
page 18.
3. Each consultation shall be held as promptly as
possible in the light of whatever advance preparation
may be required in view of the nature of the question.
Where the matter involved is urgent, such as one arising
under Article 21., paragraph 5 (a) of the Havana Charter,
or a charge in par value under a special exchange agreement,
or any other equally urgent matter, the two organizations
undertake to give high priority to the commencement and
conclusion of the consultation. At the close of each
consultation, the organization consulted shall upon request
furnish a report of its conclusions,
4. For purposes of consultation, the ITO and the Fund
may by agreement establish Joint Committees.
5. Whenever the situation under review calls for findings
or determinations to be made by the Fund pursuant to
Article 24, paragraph 2, of the Havana Charter, the Fund
shall commonicate such findings or determinations to the
Organization in writing.
6. In pursuance of Article 24 of Havana Charter, the
Organization shall consult the Fund on the preparation and
conclusion of a special exchange agreement between the
Organization and a Member who is not a member of the Fund,
and the Fund shall advise and consut with the Organization
on questions arising out of the opration of such an
Agreement .
ARTICLE III Annual Reports on discriminatory
The Fund shall assist and advise the ITO in the
preparation by it of the reports referred to in paragraph
1(g) of Article 23 of the avana Charter. So far as
possible, these reports shall be coordinated with the ICITO/EC.2/21
page l9.
ARTICLE IV
Customs Valuation
In accordance with Article 35 of the havana Charter,
the Fund and the ITO will formulate rules governing the
conversion by Members of the ITO of currency of countries
which maintain multiple rates of exchange consistently with
the Arcles of Agreement of the Fund or with special
exchange agreements, when such conversion is necessary to
determine the value of products subject to customs duties
or other charges. Such rules shall be subject to
revision by agreement between the two organizations.
ARTICLE V
Reciprocal Representation and Liaison
1. Representatives of the Fund may attend, and participate
without vote in, meetings of the Conference of the ITO.
2. Representatives of the ITO may attend, and participate
without vote in, meetings of the Board of Governors of the
Fund.
3. Appropriate arrangements shall be made by agreement
from time to time for the reciprocal representation of the
two organizations at other meetings convened under their
auspices which consider matters in which the other
organization has an interest.
4. The ITO and the Fund shall make administrative arrange-
ments to achieve close collaboration and liaison between the
staffs of the two organizations. Each organization will
establish such administrative machinery as may be necessary
to make such collaboration and liaison effective. ICITO/EC. 2/21
page 20.
ARTICLE VI
Formal Recommendations
Each organization undertakes not to present any
formal recommendation to the other, particularly under
Article 77, paragraph 5, or Article 81, paragraph 2, of
the Charters without reasonable prior consultation with
regard thereto, unless the recommendation is made in
response to a request from the organization to which it
is directed.
ARTICLE VII
Exchange of Information and Statistical
Services
1. Subject to paragraph 1 of Article VIII of this
Agreement, the ITO and the Fund shall, to the fullest
extent practicable, arrange for the current exchange of
information and publications of mutual interest, and the
furnishing of special reports and studies upon request.
2. All information furnished to the ITO pursuant to
Article 24, paragraph 7, of the Havana Charter shall be
made available to the Fund.
3. In the interests of efficiency and for the purpose
of reducing the burden on national governments and other
organizaations, the ITO and the Fund agree to co-oporate
in eliminating unnecessary duplication in the collection,
analysis, publication and dissemination of statistical
information. ICITO/EC.2/21
page 21./22
ARTICLE VIII
Miscellaneous
1. Any arrangements made for giving effect to the
provisions of this Agreerient relating to consultation and
exchange of information shall pay due regard to the need
to safeguard confidential information and to any special
obligations in this respect of either organization.
2. The chief administrative officers of the Fund and
ITO shall make such supplementary arrangements as are
necessary or proper to carry fully into effect the
provisions of this Agreement.
3. This Agreement may at any time be revised by
agreement between ITO and the Fund.
4. This Agreement may be terminated by either party
thereto on six months written notice to the other party,
and thereupon, unless othewise agreed, all rights and
obligations of both parties hereunder shall cease
This Agreement shall come into force when it
shall have been approved by the competent authorities
of the ITO and Fund. ICITO/EC. 2/21
page 23.
DRAFT AGREEMENT BETWEEN TIME INTERNATIONAL TRADE ORGANIZATION
AND THE FOOD AND AGRICULTURE ORGANIZATION
ARTICLE 1
Co-operation and Consultation
The Food and Agriculture Organization of the
United Nations and the Inernational Trade Organization
agree that, with a view to facilitating the attainment
of the objectives of the two specialized agencies of
the United Nations and to the avoidance of unnecessary
duplication in their activities, they will act in
close co-operation with each other.
2. They will consult each other regularly in regard
to matters of common interest.
In particular, ITO
will consult with FAO on food and agricultural aspects
of ITO activities, and FAO will consult with ITO on
aspects of FAO activites within the field of interest
of ITO.
3. Such consultation may be undertaken through
arrangements at the secretariat level, or through such
joint committees as may be established by the two
organizations composed of an equal number of persons
de designated by each organization.
The Unitecl Nations
shall be invited to designate a representative to
attend the meetings of, such Committees and copies of
the documents of such committees shall be sent to the
Secretary-General of the United Nations for information.
Representatives of appropriate specialized agencies ICITO/EC.2/21.
page 24.
of the United Nations may also be invited to attend
the meetings of such committees.
ARTICLE 2
Reciprocal Reprsentation
1. Representatives of the Food and Agriculture
Organization shall be invited to attend the meetings
of the Conference of the International Trade Organization
and to participate without vote in the deliberations
of the Conference and of its Committees with respect
to items on their agenda in which the Food and Agri-
culture Organization has an interest.
2. Representatives of the International Trade
Organization shall be invited to attend the meetings
of the Conference of the Food and Agriculture Organization
and to participate without vote in the deliberations
of the Conference and of its Commissions and Committees
with respect to items on their agenda in which the
International Trade Organization has an interest.
3. Representatives of the International Trade
Organization may be invited to attend meetings of the
Council of the Food and Agriculture Organization and
likewise, representatives of the Food and Agrilculture
Organization may be invited to the meetings of the
Executive Board of the International Trade Organization,
and in either case to participate without vote with
respect to items of common interest. ICITO/EC . 2/21
page 25.
4. Representatives of the Food and Agriculture
Organization shall be invited to attend meetings of any
Commissions established under Article 82 of the Havana
Charter, which may be considering matters of interest to
FAO and may be entitled to participate without vote in
the deliberations in respect to such items. Similarly,
if FAO at any time establishes commissions or committees,
representatives of ITO shall be invited to attend meetings
in which it has an interest and may participate without
vote in deliberations in respect of items of interest to
it.
5. Appropriate arrangements shall be made by agreement
from time to time for the reciprocal representation of the
Food and Agriculture Organization and the International
Trade Organization at other meetings convened under their
respective auspices which consider matters in which the
other Organization has an interest.
ARTICLE 3
Intergovernmental arrangements for agricultural
Commodities
1. As FAO, in accordance with its Constitution and its
Rules of Procedure, as amended by the 1947 Session of its
Conference, has the function of undertaking in appropriate
cases the promotion of action with respect to international
policies on agricultural commodity arrangements:
(a) FAO agrees to consult ITO on all matters in
this field of common interest.
(b) FAO shall invite ITO to be represented at meetings
of FAO bodies held to consider commodity problems. ICITO/EC . 2/21
page 26.
2. As ITO, in accordance with its Charter, has functions
in relation to international arrangements regarding
commodities, including agricultural commodities:
(a) FAO is recognized by ITO to be competent within
the meaning of Article 67 of the Havana Charter, and
FAO shall, therefore, have the rights and
responsibilities set out therein.
(b) ITO shall invite FAO to appoint a non-voting
representative to any Council set up under
Article 64 of the ITO Charter and concerned with
agricultural commodity arrangements.
3. Having regard to the special responsibilities of the
ITO under the Havana Charter and to the exemptions from
certain obligations therein for Members concluding
commodity agreements in accordance with Chapter VI of the
Charter, the FAO recognizes that the ITO is responsible
for procedures and principles involved in such inter- governmental
commodity agreements. The ITO shall consult the FAO on all
matter of common concern in this field.
ARTICLE 4
FAO/ITO Joint Projects
FAO and ITO shall co-operate, in consultation with the
United Nations whenever appropriate, in any studies, surveys
or activities which can be most advantageously undertaken
on a joint basis including
(a) any studies on the relationship between world
prices of primary agricultural commodities and
manufactured products that may be undertaken in
accordance with the functions of the ITO as set
out in Article 72, paragraph 1 (d) , of the
Havana Charter; and ICITO/EC.2/21
page 27.
(b) whenever appropriate, activities directed to the
facilitation and promotion of agricultural,
industrial and general economic development
ARTICLE 5
Inter-Secretariat Relationships
The Directors-General of FAO and ITO shall, when
appropriate, develop inter-secretariat consultations and
joint working groups for the purpose of formulating and
carrying out proposals for joint or parallel secretariat
studies, or formulating proposals for reference to the
governing bodies of the respective organizations.
ARTICLE 6
Exchange of Information and Documents
1. Subject to such arrangements as may be necessary for
the safeguarding of confidential material, the fullest and
promptest exchange of information and documents shall be
made between the Food and Agriculture Organization and the
International Trade Organization.
2. The Director-General of the Food and Agriculture
Organization and the Director-General of the International
Trade Organization, or their duly authorized representatives,
shall, upon the request of either party, consult with each
other regarding the provision by either Organization of such
information as may be of interest to the other.
ARTICLE 7
The Food and Agriculture Organization and the
International Trade Organizations agree that the measures to
be taken by them, within the framework of the general arrange-
ments for co-operation in regard to personnel arrangements to
be made by the United Nations, will include: ICITO/EC .2/21
page 28,
(a) measures to avoid competition in the recruitment
of their personnel; and
(b) measures to facilitate interchange of personnel on
a temporary or permanent basis, in appropriate cases,
in order to obtain the maximum benefit from their
services, making due provision for the retention of
seniority and pension rights.
ARTICLE 8
Statistical Services
1. The Food and Agriculture Organization and the
International Trade Organization agree to strive, within the
framework of the general arrangements for statistical co-
operation made by the United Nations, for maximum co-operation
with a view to the most efficient use of their technical
personnel in their respective collection, analysis,
publication, standardization, improvement and dissemination
of statistical information. They recognize the desirability
of avoiding duplication in the collection of statistical
information whenever it is practicable for either of them to
utilize information or materials which the other may have
available or may be specially qualified and prepared to
collect, and agree to combine their efforts to secure the
greatest possible usefulness and utilization of statistical
information and to minimize the burdens placed upon national
governments and other organizations from which such
information may be collected.
2. The Food and Agriculture Organization and the
International Trade Organization agree to keep one another
informed of their work in the field of statistics and to
consult each other in regard to all statistical projects
dealing with matters of common interests. In particular, ICITO/EC . 2/21
the organizations shall examine, in consultation as necessary
with the Statistical Office of the United Nations, the
desirability of submitting to governments in appropriate
cases joint requests for statistical information.
ARTICLE 9
Financing of Special Services
If compliance with a request for assistance made by
either Organization to the other would involve substantial
expenditure for the Organization complying with the request,
consultation shall take place with a view to determining the
most equitable manner of meeting such expenditure.
ARTICLE 10
Implementation of the Agreement
The Director-General of the Food and Agriculture
Organization and the Director-General of the International
Trade Organization may enter into such supplementary
arrangements for the implementation of this arrangement as
may be found desirable in the light of the operating
experience of the two Organizations.
ARTICLE 11
Entry into Force
This arrangement shall come into force on its approval
by the Food and Agriculture Organization and the International
Trade Organizations
ARTICLE 12
Notification to the United Nations.
The Food and Agriculture Organization and the Inter-
national Trade Organization will inform the Economic and
Social Council of the terms of the present Memorandum
ARTICLE 13
Revision and Termination
This arrangement shall be open to revision or
termination provided that such action be approved by the
Food and Agriculture Organization and the International
Trade Organization. ICITO/EC.2/21
page 31.
DRAFT AGREEMENT BETWEEN THE INTERNATIONAL TRADE ORGANIZATION
AND THE INTERNATIONAL LABOUR ORGANIZATION.
WHEREAS the Constitution of the International Labour
Organization pledges the full co-operation of the Inter-
national Labour Organization with such international bodies
as may be entrusted with a share of the responsibility for
securing the fuller and broader utilization of the world's
productive resources necessary for the achievement of the
objectives set forth in the Declaration of Philadelphia,
including measures to expand production and consumption, to
avoid severe economic fluctuations, to promote the economic
and social advancement of the less developed regions of the
world, to assure greater stability in world prices of primary
products, and to promote a high and steady volume of inter-
national trade; and
WHEREAS the Charter for an International Trade Organiza-
tion (a) provides that the International Trade Organization
shall make arrangements with other inter-governmental organi-
zations, which have related responsibilities, to provide for
effective co-operation and the avoidance of unnecessary
duplication in the activities of these organizations, (b)
envisages the participation of the International Trade
Organization in arrangements concerning employment and economic
activity made or sponsored by the Economic and Social Council
of the United Nations, including arrangements with appropriate
inter-governmental organizations, and (c) specifies that in
all matters relating to labour standards that may be referred
to the International Trade Organization it shall consult and
co-operate with the International Labour Organization. ICITO/EC .2/21
page 32.
THE INTERNATIONAL LABOUR ORGANIZATION AND THE INTER-
NATIONAL TRADE ORGANIZATION AGREE AS FOLLOWS:-.
ARTICLE I
Co-operation and Consultation
The International Labour Organization and the Inter-
national Trade Organization agree that, with a view to
facilitating the effective attainment of the objectives set
forth in the Constitution of the International Labour Organi-
zation and the Havana Charter within the general framework
established by the Charter of the United Nations, they will
act in close co-operation with each other and will consult
each other regularly in regard to matters of common interest.
Without prejudice to the generality of the foregoing, the
two Organizations recognise the importance of their
Co-operating, within their respective spheres and consistently
with the terms and purposes of their basic instruments, in
concerted action to sustain employment, production and demand
and to foster and assist industrial and general economic
development, as well as the reconstruction of those countries
whose economies have been devastated by the war.
ARTICLE II
Cons upon Maters Relating to Labour Standards
Referred to the International Trade Organization under
Chapter VIII of the Havana Charter
Having regard to the provisions of paragraph 3 of
Article 7 of the Havana Charter, the Director-General of the
International Trade Organization shall notify the Director-
General of the International Labour Office of any matter
relating to labour standards that may be referred to the
former Organization in accordance with the provisions of ICITO/EC.2 /21
page 33
Chapter VIII of the Havana Charter. The two Organizations
shall thereupon consult together with a view to reaching
agreement on the procedure to be followed in dealing with
the matter.
ARTICLE III
Inter-governmental Commodity Agreements
Having regard to the provisions of Article 57 (b) and
Articer 62(b) of the Havana Charter,the International Trade
Organization recognises the International Labour Organization
to be a competent inter-governmental organization within the
meaning of Article 67 of the Havana Charter.
ARTICLE IV
Reciprocal Representation
1. Representatives of the International Trade
Organization shall be invited to attend the meetings of the
International Labour Conference and to participate without
vote in the deliberations of the Conference and of its
committees with respect to items on their agenda in which
the International Trade Organization has an interest.
2.Representatives of the International Labour
Organization shall be invited to attend the meetings of the
Conference of the International Trade Organization and to
participate without vote in the deliberations of the
Conference and of its committees with respect to items on
their agenda in which the International Labour Organization
has an interest.
3. Representatives of the International Labour
Organization shall be invited to attend the meetings of
any commissions established by the International Trade
Organization in pursuance of Article 82 of the Havana
Charter to deal with matters concerning which the ICITO/EC. 2/21
page 34.
International Labour Organization has special competence
and to participate without vote in the deliberations upon
such matters.
4. Appropriate arrangements shall be made by agreement
from time to time for the reciprocal representation of the
two Organizations at other meetings convened under their
auspices which consider matters in which the other
Organization has an interest.
ARTICLE V
Joint Committees
1. The two Organizations may refer to a joint committee
established by agreement between them on any question of
common interest which it may appear desirable to refer to
such a committee.
2. The United Nations shall be invited to designate a
representative to attend the meetings of any such joint
committee.
3. The reports of any such joint committee shall be
communicated to the Directors-General of the two
Organizations for submission to the appropriate bodies
of the Organizations.
4. Copies of the documents of any such joint committees
shall be communicated to the Secretary-General of the United
Nations for information.
5. Any such joint committee shall regulate its own
procedure.
ARTICLE VI
Exchange of Information and Documents
Subject to such arrangements as may be necessary for
the safeguarding of confidential material, the fullest and ICITO/EC .2/21
page 35.
promptest exchange of information and documents shall
be made between the International Labour Organization and
the International Trade Organizaition.
ARTICLE VII
Personnel Arrangements
The Director-General of the International Labour
Office and the Director-General of the International Trade
Organization shall take measures, within the framework of the
general arrangements for co-operation in regard to personnel
arrangements to be made by the United Nations, to avoid
competition in the recruitment of their personnel, and to
facilitate interchange of personnel on a temporary or
permanent basis in appropriate cases, in order to obtain
the maximum benefit from their services, making due
provision for the retention of seniority and pension rights.
ARTICLE VIII
Statistical Services
1. The International Labour Organization and the
International Trade Organization agree to strive, within
the framework of the general arrangements or statistical
co-operation made by the, United Nations, for maximum
co-operation with view to the most efficient use of their
technical personnel in their respective collection,
analysis, publication, standardization, improvement and
dissemination of statistical information.
They recognize
the desirability of avoiding duplication in the collection
of statistical information whenever it is practicable for
either of them to utilise information or materials which ICITO/EC.2/21
page 36.
the other may have avialable, or may be specially qualified
and prepared to collect, and agree to combine their efforts
to secure the greatest possible usefulness and utilization
of statistical information and to minimise the burdens
placed upon national Governments and other organizations
from which such inforrmation may be collected.
2. The International Labour Organization and the
International Trade Organization agree to keep one another
informed of their work in the field of statistics and to
consult each other in regard to all statistical projects
dealing with matters of common interest. In particular,
the Organizations shall examine in consultation as
necessary with the Statistical Office of the United Nations,
the desirability of submitting to governments in appropriate
cases joint requests for statistical information.
ARTICLE IX
Financing of Special Services
If compliance with a request for assistance made by
either organization to the other would involve substantial
expenditure for the organzation complying with the request,
consultation shall take place with a view to determining
the most equitable manner of meeting such expenditure.
ARTICLE X
Implementation of the Agreement
1. The Director-General of the Internatonal Labour
Office and the Director-General of the International Trade ICITO/EC. 2/21
page 37.
organization shall make administrative arrangements to
ensure the closest possible collaboration and liaison
between the staffs of the two Organizations.
2. The Director-General of the International Labour
Office and the Director-General of the International
Trade Organization may enter into such supplementary
arrangements for the implementation of this Agreement as
may be found desirable.
ARTICLE X
Revision and Termination
This Agreement may be revised by agreement
between the International Labour Organization and the
International Trade Organization. It shall be reviewed
as soon as possible after the expiry of three years from
the date of its entry into force.
2. This Agreement may be terminated by either party
on the thirty-first day of December of any year by written
notice given to the other party not later than the
thirtieth day of September of that year.
ARTICLE XII
This Agreement shall come into force upon its
approval by the Governing Body of the International Labour
Office and the International Trade Organization. ICITO/EC. 2/21
page 39.
DRAFT FOR EXCHANGE OF LETTERS BETWEEN THE INTERNATIONAL TRADE
ORGANIZATION AND THE INTERNATIONAL CIVIL AVIATION
ORGANIZATION.
1.In the first instance, and subject to reconsiedaration
in the light of experience, it should not be necessary for
ITO and ICAO to enter into a formal agreement of relation-
ships, it being understood that the two organizations will
afford to each other the right to be represented at their
annual conferences as well as at any other meetings at
which matters off common interest are scheduled for discussion,
and that they will exchange such of the documentation of
each organization as would be of interest to the other.
The working relationships of the two organizations could
be adequately covered by a common understanding on the
points set out in 2.
2. Articles 33, 36, and 53 of the Havana Charter are
of interest to ICAO:
(i) Articles33 and 36. The ITO has general
"responsibility for promoting "international
agreement relating to the simplification of
customs regulations concerning traffic in
transit" ("Article 33, prara .6) and for ''the
simplificction and standiardization of customs
formalities and techniques" (Article 36,
para. 4). Similar provisions are contained,
in the International Civil Aviation Convention
with specific reference to aviation in
Articles 22 ande 23; It is recognized that the
administration of customs formalities in
connection with the movement of aircraft
presents a special problem because of the ICITO/EC. 2/21.
page 40.
speed of this mode of transport. The
"facilitation program" of ICA0 in
implementation of Articles 22 and 23 of the
International Civil Aviation Convention is
therefore in conformity with the general
objectives of the ITO as described in
Articles 33 and 36. ITO will request ICAO's
participation and will take into account the
work of ICAO in this field in the prepara-
tion of recommendations on customs formalities
insofar as these relate to the carriage of
goods by air. ICAO will likewise request
ITO's participation in the forrnulation of any
recommendations affecting the matters covered
in Articles 33 and 36 of the Havana Charter
that may be drawn up by ICAO in accorrdance
with Articles 22 and 23 of the International
Civil Aviation Convention. ICAO, in the
formulation of any such recommendations, shall
take account of any general recommendations
formalated by ITO in carrying out its
responsibilities under Articles 33 and 36 of
the Havana Charter.
(ii) Article 53, para. 3. In the event that under
Article 53, para. 3 of the Havana Charter,
there is referred to ITO a matter affecting
civil aviation, ITO will confer with ICAO in
determining whether ICAO is "the appropriate
intergovrernmental organization" to which the
matter should be transferred. In the event ICIITO/E. 2/21
that the matter is so transferred, ICAO
will take due account of such observations
as ITO may make in accordance with Article
53, para.. 3, and will afford ITO an
opportunity to participate in the investi-
gation of the matter by ICAO.
3. Articles of the Havana Charter other than those
cited above may raise problerms of common interest,
although those cannot at present be foreseen. ITO will
consult with ICAO if such problems should arise. Like-
wise, ICAO will consult with ITO if in carrying out its
responsibilities under the International Civil Aviation
Convention ICAO is concerned with problems of interest
to ITO. |
GATT Library | wn303ps3877 | Drafts of agreements between the International Trade Organization and other International Organs : Note by Executive Secretary. Corrigendum | Interim Commission for the International Trade Organization, October 11, 1948 | Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee | 11/10/1948 | official documents | ICITO/EC.2/21/Corr.1 and ICITO/EC.2/21-ICITO/EC.2/21/CORR.1 ICITO/EC.2/SR.1-5 | https://exhibits.stanford.edu/gatt/catalog/wn303ps3877 | wn303ps3877_90060221.xml | GATT_145 | 56 | 472 | UNRESTRICTED
INTERIM COMMISSION
FOR THE INTERNATIONAL
TRADE ORGANIZATION
COMMISSION INTERIMAIRE DE
L'ORGANISATION INTERNATIONALE
DU COMMERCE
ICITO/EC.2/21/
Corr.1
11 October 1948
ORIGINAL: ENGLISH
Executive Committee
Second Session
DRAFTS OF AGREEMENTS BETWEEN THE INTERNATIONAL
TRADE ORGANIZATION AND OTHER INTERNATIONAL
ORGANS
Note by Executive Secretary
Corrigendum
For ARTICLE II (a) read ARTICLE III, and alter the
subsequent numbering accordingly. |
GATT Library | qd340py5538 | Effect of signature of the Final Act and status of maintained reservations : Note by the Executive Secretary | United Nations Conference on Trade and Employment, February 21, 1948 | General Committee | 21/02/1948 | official documents | E/CONF.2/BUR/35, E/CONF.2/W/1-15, E/CONF.2/BUR.1-39, and E/CONF.2/BUR/W.1 | https://exhibits.stanford.edu/gatt/catalog/qd340py5538 | qd340py5538_90180201.xml | GATT_145 | 724 | 4,719 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
RESTRICTED
CONFERENCE E/CONF.2/BUR/35.
DU 21February 1948
COMMERCE ET DE L'EMPLOI
ORIGINAL: ENGLISH
GENERAL COMMITTEE
EFFECT OF SIGNATURE OF THE FINAL ACT AND
STATUS OF MAINTAINED RESERVATIONS
Note by the Executive Secretary
The sense of the General Committee in the discussion of the form of
the Final Act has been in favour of a document which merely authenticates
the text of the Charter as drawn up at the Conference and provides for its
presentation to the Governments represented at the Conference.
There has been considerable speculation as to the effect of the
signature of such a document. On a literal interpretation, signature
would imply no obligations of any kind since the document would merely
serve as a certification of the accuracy of the text. Another interpretation
is that although signature of the Final Act involves no commitment for
Governments represented at the Conference, it nevertheless morally commits
the delegate who signs to support the text drawn up at the Conference.
Signature of the Final Act would, therefore, be analogous to the
initialling of a treaty by a plenipotentiary.
It would appear essential that the General Committee in submitting
the text of the Final Act to the Conference should also make recommendations
regarding its significance.
The questlon of maintained reservations turns largely on the question
of the effect of signature of the Finale Act. If the former literal
interpretation is accepted, then it would appear unnecessary to provide
for tho formal registration of any maintained reservations since the
Final Act would merely certify the fact that the text published at the end
of the Conference corresponded to the text agreed by the Conference as a
whole. Any delegations which wished to place their reservations on record
could do so in their final statements in the Plenary Sessions.
On the other hand, if the second interpretation is adopted, it would
probable be desirable to make a formal record of maintained reservations
opposite the signatures or in an appendix to the Final Act.
In either vent, the effect of reservations would appear to be as
follows: all such reservations must be disposed of before ratification
/and adherence United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
RESTRICTED
CONFERENCE E/CONF.2/BUR/35.
DU 21February 1948
COMMERCE ET DE L'EMPLOI
ORIGINAL: ENGLISH
GENERAL COMMITTEE
EFFECT OF SIGNATURE OF THE FINAL ACT AND
STATUS OF MAINTAINED RESERVATIONS
Note by the Executive Secretary
The sense of the General Committee in the discussion of the form of
the Final Act has been in favour of a document which merely authenticates
the text of the Charter as drawn up at the Conference and provides for its
presentation to the Governments represented at the Conference.
There has been considerable speculation as to the effect of the
signature of such a document. On a literal interpretation, signature
would imply no obligations of any kind since the document would merely
serve as a certification of the accuracy of the text. Another interpretation
is that although signacture of the Final Act involves no commitment for
Governments represented at the Conference, it nevertheloss morally conmits
the delegate who signs to support the text drawn up at the Conference.
Signature of the Final Act would, therefore, be analogous to the
initialling of a treaty by a plenipotentiary.
It would appear essential that the General Committee in submitting
the text of the Final Act to the Conference should also make recommendations
regarding its significance.
The questlon of maintained reservations turns largely on the question
of the effect of signature of the Finale Act. If the former literal
interpretation is accepted, then it would appear unnecessary to provide
for tho formal registration of any maintained reservations since the
Final 'Act would merely certify the fact that the text published at the end
of the Conference corresponded to the text agreed by the Conference as a
whole. Any delegations which wished to p1ace their reservations on record
could do so in their final statements in the Plenary Sessions.
On the other hand, if the second interpretation is adopted, it would
probable be desirable to make a formal record of maintained reservations
opposite the signatures or in an appendix to the Final Act.
In either vent, the effect of reservations would appear to be as
follows: all such reservations must be disposed of before ratification
/and adherence |
GATT Library | wx970nv0371 | Eighth Meeting : Held at the Capitol, Havana, Cuba Wednesday, 31 December 1947, 4.00 p.m | United Nations Conference on Trade and Employment, January 1, 1948 | Joint Sub-Committee of Committees II and VI | 01/01/1948 | official documents | E/CONF.2/C.26/A/W.5, E/CONF.2/C.2/D/W.1-3, C.23/A/W.1-3, and C.26/A/W.1-29 | https://exhibits.stanford.edu/gatt/catalog/wx970nv0371 | wx970nv0371_90180360.xml | GATT_145 | 202 | 1,419 | 4
United Nations Nations Unies RESTRICTED
CONFERECE CONFERENCE E /CONF.2/C.2&6/
A/W. 5
ON DU 1 January 1948
TRADE A ENTPLOYMENT COMMERCE ET DE L'EMPLOI ORINGINAL: ENGLISH
JOINT COMMITTEE OF COMMITTEES II AND VI
EIGHTH MEETING
Held at the Capitol, Havana, Cuba
Wednesday, 31 December 1947, 4.00 p.m.
Chairman: Mr. H. C.COOMBS (Australia)
1. The Report of the Working Party on Preamble of paragraph 1 and sub-
paragraph (b) of paragraph 1 of the New Article 12A proposed by Colombia
and on the Additional paragraph to Article 12 proposed by Costs Rica concerning
Double Taxation (E/CONF.2/C.2&6/A/W.2) was discussed. There was disagreement
as to Whether the words discriminatory tax burdens" should be included
in the revised text of paragraph 2 of Article 11 and the Chairman ruled
that the question of discriminatory tax burdens was not within the terms
of reference of the Working Party. It was decided to postpone further
discussion of the Report pending clarification from the representative of
Costa Rica as to the exact meaning attached by him to these words.
2. The Report of the Working Party on Preamble to paragraph 1 and sub-
paragraph (a) of paragraph 1 of New Article 12A proposed by Colombia
(B/C0NF.2/&.256WA/w.3) was unanimously approved. |
GATT Library | wv980wh2739 | El Salvador: proposed amendment to the Fourth paragraph of Article 1 | United Nations Conference on Trade and Employment, January 8, 1948 | Sixth Committee: Organization | 08/01/1948 | official documents | E/CONF.2/C.6/12/Add.11 and E/CONF.2/C.6/12/ADD.4-44 | https://exhibits.stanford.edu/gatt/catalog/wv980wh2739 | wv980wh2739_90170051.xml | GATT_145 | 188 | 1,173 | United Nations
CONFERNCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C. 6/12/
Add. 11
8 January 1948
ENGLISH
ORIGINAL: SPANISH
SIXTH COMMITTEE: ORGANIZATION
EL SALVADOR: PROPOSED AMENIMENT TO THE FOURTH PARAGRAPH OF ARTICLE 1
Replace the words: designed to attain the following objectives"
by: "in conformity with the adequate and effective application of the
following principles."
REMARKS:
This amendment is based on the fact that according to the text
of Article 1 the objectives to be reached, or that should be reached,
through the Charter we adopt are these stated in Article 55(a) of the
Charter of the United Nations, which amounts to our Magna Carta and to
which wo must adapt our cocondary laws; and this is a secondary law.
The repetition of the word "objectives"* in the third and, fourth
paragraphs, as in the Draft Charter, gives rise to confusion. It is
properly used in the third paragraph, but not in the fourth.
* The repetition occurs only in the French and Spanish texts; the English
version uses the word "aims" in the third paragraph and "objectives" in
the fourth. |
GATT Library | qx214dw1555 | Executive Committee opens Second Session at Geneva | United Nations Office at Geneva Information Centre Geneva, August 25, 1948 | Interim Commission : International Trade Organization and United Nations Office at Geneva Information Centre Geneva | 25/08/1948 | press releases | Press Release No.512 and PRESS RELEASE NO.420-628 | https://exhibits.stanford.edu/gatt/catalog/qx214dw1555 | qx214dw1555_90260247.xml | GATT_145 | 227 | 1,674 | UNITED NATIONS OFFICE AT GENEVA Press Release No. 512
information Centre 25th August 1948
Geneva
INTERIM COMMISSION INTERNATIONAL TRADE ORGANIZATION
Executive Committee opens Second Session at Geneva
The Executive Committee of ICITO opens its Second Session
today, August 25th, at Geneva, under its Chairman, Ambassador
Dana Wilgress, Canada.
Expected to last three weeks, this Session will consider a
number of organizational problems. These include the relations
to be established between ITO, when it comes into existence, and
the UN, the other Specialized Agencies, the International Court
of Justice, and non-governmental organizations.
Also on the agenda is Consultation with the Government of
Switzerland regarding certain problems facing the Swiss economy
in relation to the terms of the Havana Charter.
The meetings of ICITO Executive Committee will, normally, be
public.
The 18 member Executive Committee was appointed to carry out
the work of the full, 52 member, Interim Commission.
The members of the Executive Committee are:
Australia, Belgium, Brazil, Canada, China, Columbia,
Czechoslovakia, Egypt, El Salvador, France, Greece,
India, Italy, Luxembourg, Mexico, Netherlands,
Norway, Philippines, United Kingdom, United States.
(Belgium, Netherlands and Luxembourg, which form
the Benelux Customs Union, are represented by
one member on the Executive Committee).
The officers are:
Chairman : Dana Wilgress, Canada
Vice-Chairmen: Ramon Beteta, Mexico
Sir Raghavan Pillai, India
Jean Royer, France.
The Secretariat of ICITO is headed by Executive Secretary.
Eric Wyndham White. |
GATT Library | gx853xx3247 | Explanatory statement by the Delegations of: Argentina, Bolivia, Brazil, Colombia, Costa Rica, Chile, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Mexico, Panama, Peru, Uruguay and Venezuela | United Nations Conference on Trade and Employment, January 30, 1948 | 30/01/1948 | official documents | E/CONF.2/32 and E/CONF.2/14-15/REV.1 | https://exhibits.stanford.edu/gatt/catalog/gx853xx3247 | gx853xx3247_90040087.xml | GATT_145 | 609 | 4,130 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/32
ON DU 30 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH ORIGINAL:ENGLISH
EXPLANATORY STATEMENT BY THE DELEGATIONS OF: ARGENTINA, BOLIVIA, BRAZIL,
COLOMBIA, COSTA RICA, CHILE, DOMINICAN REPUBLIC, ECUADOR, EL SALVADOR,
GUATEMALA, HAITI, MEXICO, PANAMA, PERU, URUGUAY AND VENEZUELA.
Mr. President and Delegates:
This meeting of heads of delegations has been called for the purpose of
carrying out an exchange of views in our search for practical formulas to
solve the great problems that are still awaiting solution at this Conference.
Needless to say, our views are identified with the General hope that
establishment of peaceful and friendly relations between the nations will
necessitate the institution, within the framework of the United Nations, of
a programme of economic co-operation linked with the Organization, which
will bind the nations together for the achievement of these fundamental
objectives.
We feel that the Trade and Employment Charter should, for this purpose,
contain sufficiently wide and balanced formulas to that the co-existence
of the nations in a manner that ensures them opportunities for progress.
In support of this statement we think it proper to recall that most of
the delegations were in agreement, in their speeches at the previous
Plenary Meetings, in stating the common desire that the hope we have referred
to should be embraced with generous understanding in the Charter under
discussion.
After two months of work at this Conference - which was originally
expected to finish on the 15th of January - there remain undecided questions
of the greatest importance regarding problems on whose equitable solution
depends the establishment in the Charter of the desired equilibrium between
the industrialized countries and those others that aspire to the increasing
development of their resources in order to realize the guiding principles of
economic co-operation contained in the United Nations Charter.
We believe that the desire expressed by our delegations that formulas
should be found to permit the diversification of our sources of production
and the development of our industries has not been adequately met, and this
explains the differences in views that are still outstanding regarding the
provisions of the Draft Charter, and which we consider to be of fundamental
importance.
/It seem to us E/CONF .2/32
Page 2
It seems to us that the most effective procedure for attaining the
objectives we have described would be the setting up of a special goup in
direct contact with delegations, which would collaborate in seeking harmonious
solutions of specific problems. Thus, instead of the work of the organs of
the Conference being interrupted, the group whose establishment we propose -
which might be called a co-ordination group- would help to find formulas
of agreement, which, it may be reasonably assumed, could only result in
facilitation of the work of these organs and, consequently, in the complete
success of the Conference.
We are sure that this proposal will be received in the same spirit of
understanding as our delegations have shown in interpreting the needs and
hopes of other nations.
We believe that we are contributing to the fulfilment of the general
wish by making every effort to obtain a Charter which, having the unanimous
approval of the nations participating in this Conference, will receive the
final ratification of the Governments and the adherence of the nations they
represent.
The indivisibility of peace as a permanent achievement of civilization
must be based on harmonious co-operation between the nations, which in turn
necessitates mutual understanding.
In the hope that such a spirit may rule the work of this Conference we
believe that we are contributing our share to its success by presenting the
proposal stated above. |
|
GATT Library | vg157vb1048 | External trade, population and National Income of countries participating in the United Nations Conference on Trade and Employment : Corrigendum | United Nations Conference on Trade and Employment, January 27, 1948 | 27/01/1948 | official documents | E/CONF.2/4/Rev.1/Corr.2 and E/CONF.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/vg157vb1048 | vg157vb1048_90040019.xml | GATT_145 | 59 | 462 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies RESTRICTED E/CONF.2/4/Rev.1/
CONFERENCE Corr.2
DU 27 January 1948
COMMERCE ET DE L'MPLOI
EXTERNAL TRADE, POPULATION AND NATIONAL INCOME OF
COUNTRIES PARTICIPATING IN THE UNITED NATIONS CONFERENCE ON
TRADE AND EMPLOYMENT
CORRIGENDUM
On page 6 the figure for the external trade of India (including Pakistan)
should read "1863" instead of "1490". |
|
GATT Library | bh025kv8890 | Fifth Committee: Inter-Governmental Commodity Agreement. Report to the Conference | United Nations Conference on Trade and Employment, February 9, 1948 | 09/02/1948 | official documents | E/CONF.2/39 and E/CONF.2/14-15/REV.1 | https://exhibits.stanford.edu/gatt/catalog/bh025kv8890 | bh025kv8890_90040095.xml | GATT_145 | 4,843 | 33,339 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF. 2/39
ON DU 9 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
REPORT TO THE CONFERENCE
PART I
1. The Fifth Committee was charged with the examination of the Geneva draft
of Chapter VI - Inter-governmental Commodity Agreements, together with the
Amendments to this Chapter proposed by delegations.
2. Mr. George HAKIM (Lebanon) was elected Chairman and Mr. Mauritz BONOW
(Sweden) was elected Vice-Chairman.
3. The Committee held fifteen meetings and was able to resolve all issues
before it. To facilitate its work the Committee established two Sub-Committees:
a Drafting Sub-Committee composed of the representatives of Argentina,
Australia, Colombia,France., India, Netherlands, United Kingdom, United States
of America; and Sub-Committee 'A' composed of the representatives of
Argentina, Australia, Colombia, Cuba, Egypt, El Salvador, France, India,
Italy, Netherlands, Pakistan, Sweden, United Kingdom and the United States
of America.
The report of the Drafting Sub-Committee is contained in document.
E/CONF.2/C.5/8 and the Report of Sub-Committee 'A' Is in document
E/CONF.2/C.5/9.
4. Part II.of thie Report sets out the complete text of Chapter VI as agreed
by the Committee after consideration of the redraft of Chapter VI proposed
by the Central Drafting Committee in document E/CONF.2/C.8/3. The delegations
of Colombia, El Salvador and Guatemala reserved their position on the action
by the Committee rejecting the Colombian proposal for a new Article.
5.Part III. includes for each Article of Chapter VI the document references
on amendments proposed and the action taken by the Committee.
6. The Committee recommends adoption of the draft resolution contained in
document E/CONF.2/C.3/16 regarding the composition of. the Interim
Co-ordinating Committee for.International Commodity Arrangements.
/PART II E/CONF.2/39
Page 2
PART II
RECOMMENDED TEXT OF CHAPTER VI
CHAPTER VI: INTER-GOVERNMENTAL COMMODITY AGREEMENTS
SECTION A - INTRODUCTORY CONSIDERATIONS
Article 52
Difficulties Relating to Primary Commodities
The Members recognize that the conditions under which same primary
commodities are produced, exchanged and consumed are such that international
trade in these commodities may be affected by special difficulties such as
the tendency towards persistent disequilibrium between production and
consumption, the accumulation of burdensome stocks and pronounced fluctuations
in prices. These special difficulties may have serious adverse effects on the
interests of producers and consumers, as well as widespread repercussions
jeopardizing the general policy of economic expansion. The Members recognize
that such difficulties may, at times, necessitate special treatment of the
international trade in such commodities through Inter-governmental agreement.
Article 53
Primary and Related Commodities
1. For the purposes of this Chapter, the term "primary commodity" means
any product of farm, forest or fishery or any mineral, in its natural form
or which has undergone such processing as is customarily required to prepare
it for marketing in substantial volume in international trade.
2. The term shall also cover a group of commodities, of which one is a
primary commodity as defined in paragraph 1 and the others are commodities,
which are so closely related, as regards conditions of production or
utilization, to the other commodities in the group, that it is appropriate
to deal with them in a single agreement.
3. If, in exceptional circumstances, the Organization finds that the
conditions set forth in Article 59 exist in the case of a commodity which
does not fall precisely under paragraphs 1 or 2 of this Article, the
Organization may decide that the provisions of this Chapter, together with
any other requirements it may establish, shall apply to inter-governmental
agreements regarding that commodity.
/Article 54 E/CONF.2/39.
Page 3
Article 54
Objectives of Inter-governmental Commodity Agreements
The Members recognize that inter-governmental commodity agreements are
appropriate for the achievement of the following objectives:
(a) to prevent or elleviate the serious economic difficulties
which may arise when adjustments between production and
Consumption cannot be effected by normal market forces alone
as rapidly as the circumstances require;
(b) to provide, during the period which may be necessary, a
framework for the consideration and development of measures
which have ae their purpose economic adjustments designed to
promote the expansion of consumption or a shift of resources
and manpower out of over-expanded industries into new and
productive occupatlons, including as far as possible in appropriate
cases, the development of secondary industries based upon domestic
production of primary commodities;
(c) to prevent or moderate pronounced fluctuations in the price
of primary commodity with a view to achieving a reasonable
degree of stability on a basis of such prices as are fair to
consumers and provide a reasonable return to producers, having
regard to the desirability of securing long-term equilibrium
between the forces of supply and demand;
(d) to maintain and develop the natural resources of the world
and protect them from unnecessary exhaustion;
(e) to provide for the expansion of the production of a primary
commodity where this can be accomplished with advantage to
consumers and producers, including in appropriate cages the
distribution of basic foods at special prices;
(f) to assure the equitable distribution of a primary commodity
in short supply.
SECTION B - INTER-GOVERNMENTAL COMMODITY AGREEMENTS IN GENERAL
Article 55
Commodity Studies
1.Any Member which considers itself substantially interested in the
production or consumption of, or trade in, a particular primary commodity,
and which considers that international trade in that commodity is,or is
likely to be, affected by special difficulties, shall be entitled to ask
that a study of the commodity be made.
/2. Unless the E/CONF.2/39
Page 4
2. Unless the Organization decided that the case put forward in support
of the request does not warrant such action it shall promptly invite each
Member to appoint representatives to a study group for the commodity, if
the Member considers itself substantially interested in the production or
consumption of, or trade in, the commodity. Non-Members may also be invited.
3. The study group shall promptly investigate the production, consumption
and trade situation in regard to the commodity, and shall report to the
participating governments and to the Organization its findings and its
recommendations as to how best to deal with any special difficulties which
exist or may be expected to arise. The Organization shall Promptly transmit
to the Members these findings and recommendations.
Article 56
Commodity Conferences
1. The Organization shall promptly convene an inter-governmental conference
to discuss measures designed to meet the special difficulties which exist or
are expected to arise concerning a particular primary commodity:
(a) on the basis of the recommendations of a study group, or
(b) at the request of Members whose interests represent a
significant part of world production or consumption of, or
trade in that commodity, or
(c) at the request of Members which consider that their
economies are dependent to an important extent on that commodity,
unless the Organization considers that no useful purpose could be
achieved by convening the conference, or
(d) on its own initiative, on the basis of information agreed
to be adequate by the Members substantially interested in the
production or consumption of, or trade in, that commodity.
2. Each Member which considers itself substantially interested in the
production or consumption of, or trade in, the commodity concerned, shall be
invited to participate in such a conference. Non-Members may also be invited
to participate.
Article 57
General Principles governing Commodity Agreements
1.The Members shall observe the following principles in the conclusion and
operation of all types of inter-governmental commodity agreements:
(a) Such agreements shall be open to participation, initially
by any Member on terms no less favourable than those accorded to
/any other E/CONF.2/39
Page 5
any other country, and thereafter in accordance with such
procedure and upon such terms as may be established in the
agreement, subject to approval by the Organization.
(b) Non-Members may be invited by the Organization to
participate in such agreements and the provisions of
sub-paragraph (a) applying to Members shall also apply to
any non-Member so invited.
(c) Under such agreements there shall be equitable treatment
as between participating countries and non-participating Members,
and the treatment accorded by participating countries to
non-participating Members shall be no less favourable than that
accorded to any non-participating non-Member, due consideration
being given in each case to polices adopted by non-participants
in relation to obligations assumed and advantages conferred under
the agreement.
(d) Such agreements shall include provision for adequate
participation of countries substantially interested in the
importation or consumption of the commodity as well as those
substantially interested in its exportation or production.
(e) Full publicity shall be given to any inter-governmental
commodity agreement proposed or concluded, to the statements
of considerations and objectives advanced by the proposing
Members, to the nature and development of measures adopted to
correct the underlying situation which gave rise to the agreement
and, periodically, to the operation of the agreement.
2. The Members, including Members not parties to a particular commodity
agreement, shall give favourable consideration to any recommendation made
under the agreement for expanding consumption of the commodity in question.
Article58
Types of Agreements
1. For the purposes of this Chapter, there are two types of
inter-governmental commodity agreements:
(a) commodity control agreement as defined In this Article; and
(b) other inter-governmental commodity agreements.
2. Subject to the provisions of paragraph 5, a commodity control agreement
is an Inter-governmental agreement which involves:
(a) the regulation of production or the quantitative control
of exports or imports of a primary commodity and which has the
purpose or might have the effect of reducing, or preventing an
/increase in, E/CONF.2/39
Page 6
increase in, the production of, or trade in, that commodity; or
(b) the regulation of prices.
3. The Organization shall, at the request of a Member, a study group or
a commodity conference, decide whether an existing or proposed
inter-governmental agreement is a commodity control agreement within the
meaning of paragraph 2.
4. (a) Commodity control agreements shall be subject to all the provisions
of this Chapter.
(b) Other inter-governmental commodity agreements shall be subject to
the provisions of this Chapter other than those of Section C. If, however,
the Organization decides that an agreement which involves the regulation of
production or the quantitative control of exports or imports is not a
commodity control agreement within the meaning of paragraph 2, it shall
prescribe the provisions of Section C, if any, to which that agreement shall
conform.
5. An existing or proposed inter-governmental agreement the purpose of
which is to secure the co-ordinated expansion of aggregate world production
and consumption of a primary commodity may be treated by the Organization
as not being a commodity control agreement, even though the agreement provides
for the future application of price provisions, provided that
(a) at the time the agreement is entered into, a commodity
conference finds that the conditions contemplated are in
accordance with the provisions of article 59, and
(b) from the date on which the price provisions become
operative, the agreement shall conform to all the provisions
of section C, except that no further finding will be required
under Article 59.
6. Members shall enter into any new commodity control agreement only through
a conference called in accordance with the provisions of Article 56 and after
an appropriate finding has been made under Article 59. If, in an exceptional
case, there has been unreasonable delay in the convening or in the proceedings
of the study group or of the commodity conference, Members which consider
themselves substantially interested in the production or consumption of, or
trade in, a particular primary.commodity, may proceed by direct negotiation
to the conclusion of an agreement, provided that the situation is one
contemplated In Article 59 (a) or (b) and that the agreement conforms to the
other provisions of this Chapter.
/SECTION C E/CONF.2/39
Page 7
SECTION C - INTER-GOVERNMENTAL COMMODITY CONTROL AGREEMENTS
Article 59
Circumstances governing the Use of Commodity Control Agreements
The Members agree that commodity control agreements may be entered into
only when a finding has been made through a commodity conference or through
the Organization by consultation and general agreement among Members
substantially interested in the commodity, that:
(a) a burdensome surplus of a primary commodity has developed or is
expected to develop, which, in the absence of specific governmental
action, would cause serious hardship to producers among whom are small
producers who account for a substantial portion of the total output,
and that these conditions could not be corrected by normal market
forces in time to prevent such hardship, because, characteristically in
the case of the primary commodity concerned, a substantial reduction in
price does not readily lead to a significant increase in consumption or
to a significant decrease in production; or
(b) widespread unemployment or under-employment In connection with a
primary commodity arising out of difficulties of the kind referred to
in Article 52, has developed or is expected to develop, which, in the
absence of specific governmental action, would not be corrected by
normal market forces In time to prevent widespread and undue hardship
to workers because, characteristically in the case of the industry
concerned, a substantial reduction in price does not readily load to a
significant increase in consumption but to a reduction of employment,
and because areas in which the commodity is produced in substantial
quantity do not afford alternative employment opportunities for the
workers involved.
Article 60
Additional Principles governing Commodity Control Agreements
The Members shall observe the following principles governing the
conclusion and operation of commodity control agreements, In addition to
those stated in Article 57:
(a) Such agreements shall be designed to assure the availability
of supplies adequate at all times for world demand at prices which are
in keeping with the provisions of Article 54 (c), and, when practicable,
shall provide for measures designed to expand world consumption of the
commodity.
/(b) Under E/CONF.2/39
Page 8
(b) Under such agreements, participating countries which mainly
interested in imports of the commodity concerned shall, in decisions on
substantive matters, have together a number of votes equal to that of
those mainly interested in obtaining export.markets for the commodity.
Any participating country, which is interested in the commodity but
which does not fall precisely under either of the above classes, shall
have an appropriate voice within such classes.
(c) Such agreements shall make appropriate provision to afford lncreasinig
opportunities for satisfying national consumption and world market
requirements from sources from which such requirements can be supplied
in the most effective and economic manner, due regard being had to the
need for preventing serious economic and social dislocation and to the
position of producing areas suffering from abnormal disabilities.
(d) Participating countries shall formulate and adopt programmes of
internal economic adjustment believed to be adequate to ensure as much
progress as practicable within the duration of the agreement towards
solution of the commodity problem involved.
Article 61 .
Adminstration of Commodity Control Agreements
1. Each commodity control agreement shall provide for the establishment
of a governing body, herein referred to as a Commodity Council, which shall
operate in conformity with the provisions of this Article.
2. Each participating country shall be entitled to have one representative
on the Commodity Council. The voting power of the representatives shall be
determined in conformity with the provisi ns of Article 60"(b).
3. The Organization shall be entitled to appoint a non-voting representative
to each Commodity Council and may invite any competent inter-governmental
organization to nominate a non-voting representative for appointment to a
Commodity Council.
4. uach-commodity CoUncil shall appo nt a non-vot, ng ,chairman who if the
Council so requests, may be nominated by the Organization.
5. The Secretariat of each Commodity Council shall be appointed by the
Council after consultation with the Organization.
6. Each Commodity Council shall adopt appropriate rules of procedure and
regulations regarding its activities. ahe Organ izationmey at antime require
their amendment If it considers that they are inconsistent with the provisions
of this Chapter
7. each Commodity Council shall make periodic reports to the Organization
on the operation of the agreement which it administers. It shall also make
/such special Page 9
such special reports as the Organization may require or as the Council itself
considers to be of value to the Organization.
8. The expenses of a Commodity Council shall be borne by the participating
countries.
9. When an agreement is terminated, the Organization shall take charge of
the archives and statistical material of the Commodity Council.
Article 62
Initial Term, Renewal and Review of Commodity Control Agreements
1. Commodity control agreements shall be concluded for a period of not
more than five years. Any renewal of a commodity control agreement,
including agreement referred to in paragraph 1 of Article 65, shall be
for a period not exceeding five years. The provisions of such renewed
agreements shall conform to the provisions of this Chapter.
2. The Organization shall prepare and publish periodically, at intervals
not greater than three years, a review of the operation of each agreement
in the light of the principles set forth in this Chapter.
3. Each commodity control agreement shall provide that, if the Organization
finds that its operation has failed substantially to conform to the
principles laid down in this Chapter, participating countries shall either
revise the agreement to conform to the principles or terminate It.
Commodity control agreements shall include provisions relating to
withdrawal of any party.
Article 63
Settlement of Disputes
Each commodity control agreement shall provide that:
(a) any question or difference concerning the interpretation of
the provisions of the agreement or arising out of its operation shall be
discussed originally by the Commodity Council; and
(b) if the question or difference cannot be resolved by the Council
in accordance with the terms of the agreement, it shall be referred
by the Council to the Organization, which shall apply the procedures
set forth in Chapter VIII with appropriate adjustments to cover the
Case of non-Members.
SECTION D - MISCELLANEOUS PROVISIONS
Relations with Inter-governmental Organizations
,4 } i;$eXj14
bject Wit4 peba0 nsuring lpproriate cgo-opration in lamitters reoitIn
tornmental coveenta. cgommodity areements, any inter-governmental ,
/organization E/CONF.2/39
Page 10
organization which is deemed to be competent by the Organization, such as the
Food and Agriculture Organization; shall be entitled:
(a) to attend any study group or commodity confererence;
(b) to ask that a study of a primary commodity be made;
(c) to submit to the Organization any relevant study of a primary
commodity, and to recommend to the Organization that further study of the
commodity be made or that a commodity conference be convened.
Article 65
Obligations of Members Regarding Existing and Proposed Commodity Agreements
1. Members shall transmit to the Organization the full text of each
inter-governmental commodity agreement in which they are participating at
the time they become Members of the Organization, together with appropriate
information regarding the formulation, provisions and operation of any such
agreement. If, after review, the Organization finds that any such agreement
is inconsistent with the provisions of this Chapter, it shall communicate
such finding to the Members concerned in order to secure promptly the
adjustment of the agreement to bring it into conformity with the provisions
of this Chapter.
2. Members shall transmit to the Organization appropriate information
regarding any negotiations for the conclusion of an inter-governmental
commodity agreement in which they are participating at the time they become
Members of the Organization. If, after review, the Organization finds that
any such negotiations are inconsistent with the provisions of this Chapter,
it shall communicate such finding to the Members concerned in order to
secure prompt action with regard to their participation in such negotiations.
The Organization may waive the requirement of a study group or a commodity
conference, if it finds it unnecessary in the light of the negotiations.
Article 66
Territorial Application
For the purposes of this Chapter, the terms "Member" and "non-Member"
shall include the dependent territories of a Member and non-Member of the
Organization respectively. If a Member or non-Member and its dependent
territories form a group, of which one or more units are mainly interested
in the export of a commodity and one or more in the import of the commodity,
there may be either joint representation for all the territories within the
group or, where the Member or non-Member so wishes, separate representation
for the territories mainly interested in exportation and separate
representation for the territories mainly interested in importation.
/Article 67 E/CONF.2/39
Page 11
Article 67
Exceptions options to Chapter VI
1. The provisions of this Chapter shall not apply:
(a) to any bilateral inter-governmental agreement relating to the
purchase and sale of a commodity falling under Section D of Chapter IV;
(b) to any inter-governmental commodity agreement involving no more
than one exporting country and no more than one importing country and
not covered by sub-paragraph (a) above; Provided that if, upon complaint
by a non-participating Member, the Organization finds that the interests
of that Member are seriously prejudiced by the agreement, the agreement
shall become subject to such provisions of this Chapter as the
Organization may prescribe;
(c) to those provisions of any inter-governmental commodity agreement
which are necessary for the protection of public morals or of human,
animal or plant life or health, provided that such agreement is not
used to accomplish results inconsistent with the objectives of Chapter V
or Chapter VI;
(d) to any inter-governments greement relating solely to the
conservation of fisheries resources, migratory birds or wild animals,
provided that such agreement is not used to accomplish results
inconsistent with the objectives of this Chapter or the purpose and
objectives set forth in Article 1 and is given full publicity in
accordance with the provisions of paragraph 1 (e) of Article 57; if
the Organization finds, upon complaint by a non-participating Member,
that the interests of that Member are seriously prejudiced by the
agreement, the agreement shall become subject to such provisions of
this Chapter as the Organization may prescribe.
2. The provisions of Articles 55 and 56 and of Section C of this Chapter
shall not apply to inter-governmental commodity agreements found by the
Organization to relate solely to the equitable distribution of commodities
in short supply.
3. The provisions of Section C of this Chapter shall not apply to commodity
control agreements found by the Organization to relate solely to the
conservation of exhaustible natural resources.
/PART III E/CONF.2/39
Page 12
PART III
STATEMENT SHOWING FOR EACH ARTICLE THE AMENDMENTS PROPOSED
AND THE ACTION TAKEN BY THE COMMITTEE
CHAPTER VI - INTER-GOVERNMENTAL COMMODITY AGREEMENTS
SECTION A - INTRODUCTORY CONSIDERATIONS
Article 52
Difficulties Relating to Primary Commodities
1. There were no amendments proposed to this Article.
2. The footnote to the Geneva text was withdrawn.
3. The Committee accepted the Geneva text.
Article 53
Primary and Related Commodities
1. Amendments were proposed by the delegations of:
Chile (E/CONF.2/11/Add.30)
Italy (E/CONF.2/C.5/Add.2)
Uruguay (E/CONF.2/C.5/Add.12)
2. The Committee accepted the principle of the proposal by the delegation
of Chile that the definition should be uniform throughout the Charter, and
referred the matter to the Central Drafting Committee. The proposal of the
delegation of Italy was withdrawn. The Committee did not accept the proposal
by the delegation of Uruguay.
3.. The Committee accepted the Geneva text.
Article 54
ObJectives of Inter-Governmental Commodity Agreements
1. Amendments were proposed by the delegations of:
Ceylon (E/CONF.2/C.5/3/Add.6)
Chile (E/CONF.2/11/Add.30)
Cuba (E/CONF.2/C.5/3/Add.3) '
El Salvador .(E/CONF.2/C.5/3/Add.8)
Mexico (E/CONF.2/C.5/3/Add.9)
Philippine Republic (E/CONF.2/C.5/3/Add.7)
Uruguay (E/CONF.2/C.5/3/Add.12)
Venezuela (E/CONF.2/C.5/3/Add.11)
/2. (a) In consideration Page 13
2. (a) In consideration of the proposal by the delegation of Chile the
Committee revised the Preamble of this Article.
The delegation of El Salvador withdrew its proposed amendment to
the Preamble.
(b) Arising out of the proposal of the delegation of Mexico, the
Committee revised Sub-Paragraph (b) of this Article.
(c) In consideration of the proposals by the delegations of Ceylon,
Cuba, El Salvador, Mexico, Philippine Republic, Uruguay and Venezuela
to amend Sub-Paragraph (c) the Committee, substituted the phrase "such
prices as are fair to consumers and provide a reasonable return to
producer" for "fair to consumers and remunerative to efficient
producers" in the Geneva text. The Committee agreed, In view of the
purpose of the Venezuelan proposal to amend Article 59, insert
the words "prevent or" between "to" and "moderate" in the Geneva text,
(d) The proposal by the Cuban delegation to amend Sub-Paragraph (e)
was withdrawn The Committee accepted an addition to the text
incorporating the sense of the footnote to the Geneva text.
(e) The proposals by the delegation of El Salvador to add two new
Sub-Paragraphs to this Article were withdrawn. The Committee decided
Article 55
El Salvador ( E/CONF.2/C. 5/5/Add.3)
Uruguay (E/CONF.2/C.5/3/Add.12)
2. To meet the proposals of the delegations of El Slavador and Uruguay
the COmmittee substitute "considers itself" for "is" in the first line
of paragraph 1 and "itself" for "that it is" in paragraph 2 The Committee
agreed that the intentions of the Ceylon proposals were in fact covered by
Article 56
Commodity Conferences E/CONF.2/39
Page 14
Egypt (E/CONF.2/C.5/3/Add.13 )
El Salvador (E/CONF.2/C 5/5/Add.3)
Peru (E/CONF.2/C.5/3/Add.4)
2. The proposals of the delegations of Peru and El Salvador to add a
new paragraph to this Article were withdrawn. The Committee revised
paragraph1and substituted "itself" for "that it is" in paragraph 2 to meet
the proposal of Ceylon, Egypt and the balance of the El Salvador amendment
General Principles Governing Inter-Governmental Commodity Agreements
1. An amendment was proposed by the delegation of the Philippines
(E/CONF.2/C.5/3/Add.7)
2. This proposal was Withdrawn
3. The Committee accepted the Geneva text.
Article 58
Types of Agreements
1. Amendments were proposed by the delegation of:
Mexico (E/CONF.2/C.5/3/Add.9)
India (E/CONF.2/11/Add.27)
2. To provide for a smooth transition at the time when an "expansion"
agreement becomes a control agreement, pargraph 5 was redrafted. The
Committee redrafted paragraph 6 to cover the first part of the Mexican
proposal, and the remaining two parts of this amendment were withdrawn.As
the amendment proposed by the Indian delegation was consequential to their
proposal to Article 64, it was dealt with during the consideration of that
Article.
SECTION C - INTER-GOVERNMENTAL COMMODITY CONTROL AGREEMENTS
Article 59
Circumstances Governing the USe of Commodity Control Agreements
1. Amendments were proposed by the delegations of:
Ceylon (E/CONF.2/C.5/3/Add.6)
Venezuela (E/CONF.2/11/Add.11)
2. Although the Committee did not accept the Ceylon proposal to delete
this Article, it endeavoured to meet the points made in the discussion of
this proposal by deleting paragraph 2 and inserting a revised preamble to
this Article. The Venezuelan proposal was dealt With by amending
Article 54 (c).
/Article 60 E/CONF.2/39
Page 15
Article 60
Additional Principles Governing Commodity Control Agreements
1. There were no amendments proposed to this Article.
2. In order to incorporate the sense of the explanatory footnote to
Sub-Paragraph (a) the Committee agreed that the words "reasonable prices"
in the Geneva text should be replaced by the words "prices which are in
keeping with the provisions of Article 54 (c)". The Committee agreed to
delete the explanatory footnote to sub-paragraph (b) of this Article.
Article 61
Administration of Commodity Control Agreements
There were no amendments proposed to this Article and the Committee
adopted the Geneva text.
Article 62
Initial Term Review and Renewal of Commodity Control Agreements
1. An amendment was proposed by the delegation of Costa Rica
(E/CONF.2/11/Add.16).
2. The Committee did not accept this proposal and adopted the Geneva text.
Article 63
Settlement of Disputes
There were no amendments proposed to this Article and the Committee
adopted the Geneva text.
SECTION D - MISCELLANEOUS PROVISIONS
Article 64
Relations with Inter-Governmental Organizations
1. Amendments were proposed by the delegation of India (E/CONF.2/11/Add.27).
2. The Committee decided that this proposal together with a consequential
proposal to Article 58 should not be accepted. However, it was agreed to
delete the words "on the basis thereof" from SubParagraph (c) of the Geneva
text.
Article 65
Obligations of Members Regarding Existing and Proposed Commodity Agreements
1. Amendments were proposed by the delegation of Argentina (E/CONF.2/11/Add.3).
2. The Committee revised the text to incorporate the intention of these
amendments.
/Article 66 E/CONF. 2/39
Page 16
ArticIe 66
Territorial Application
There were no amendments proposed to this Article and the Committee
adopted the Geneva text.
Artice 67
Exceptions to Provisions Relating to Inter-Governmental Commodity Agreements
1. Amendments were proposed by the delegations of:
Norway (E/CONF.2/C.5/3/Add.10)
United States (E/CONF.2/C.5/3/Add.5)
2. The Committee adopted a new sub-paragraph 1 (d) covering the proposal
by Norway and recommended to the Third Committee that a comparable exemption
be inserted in Chapter IV. This exemption has been agreed by the
Third Committee. As regards the United States proposal the Committee
accepted the principle involved: however, it referred the matter to a joint
Sub-Committee of the Fifth and Sixth Committees which recommended that the
proposal be met by amendments elsewhere in the Charter.
New Article
1. The addition of a new Article to Chapter VI was proposed by the
delegation of Colombia (E/CONF.2/C.5/3/Add.1).
2. The Committee did not accept this proposal. The delegations of
Colombia, El Salvador and Guatemala reserved their position.
Note: The Committee agreed to recommend to the Third Committee that the
word "terms" be substituted for the word "obligations" in Article 43
paragraph 1 (h). The Third Committee has agreed to this change. |
|
GATT Library | nr077yx8247 | Final Act and related documents : Held at Havana, Cuba from November 21, 1947, to March 24, 1948 | United Nations Conference on Trade, 1948-04-00 | United Nations Conference on Trade and Employment (1947-1948 : Havana, Cuba) and United Nations Conference on Trade and Employment (1947-1948 : Havana, Cuba) | 01/04/1948 | official documents | E/CONF.2/FINAL ACT RELATED DOCUMENTS and E/CONF.2/FINAL ACT RELATED DOCUMENTS | https://exhibits.stanford.edu/gatt/catalog/nr077yx8247 | nr077yx8247_90180097.xml | GATT_145 | 46,455 | 300,190 | UNITED NATIONS CONFERENCE
ON TRADE
HELD AT
HAVANA, CUBA
FROM NOVEMBER 21, 1947, TO MARCH 24, 1948
FINAL
ACT
AND
RELATED DOCUMENTS
INTERIM COMMISSION FOR THE
INTERNATIONAL TRADE ORGANIZATION
LAKE SUCCESS, NEW YORK
APRIL, 1948
2. The Organization and the Members concerned
shall preserve the utmost secrecy in respect of
matters arising under this Article.
-A-
after informing, and when practicable consulting
with, the Organization, adopt such other measures
as the situation may require, provided that such
measures do not restrict imports more than ne-
cessary to offset the increase in imports referred to
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT The present edition of the Final Act and Related Documents has been
reproduced from the text of the signature copy and is identical with that con-
tained in United Nations document E/Conf. 2/78. This edition has been issued
in larger format in order to facilitate its use by members of the Interim
Commission.
(i) is designed to protect a particular industry.
established between January 1. 1939 and the
date of this Charter, which was protected
during that period of its development by ab-
the Organization of such consultations in
order to afford it an opportunity to deter-
mine whether all materially affected Mem-
bers are included within TABLE OF CONTENTS
Page
I. Final Act of the United Nations Conference on Trade and Employment. . . . VII
II. Havana Charter for an International Trade Organization, including Annexes.
III. Resolutions adopted by the Conference. . . . . . . . . . .
3
69
9. If, in anticipation of the concurrence of the
Organization in the adoption of a measure referred
to in paragraph 6, there should be an increase or
threatened increase in the imports of any product
concerned, including products which can be directly
and provided further that notification has been
given under sub-paragraph (a) to the other sig-
natories to the Final Act of the Second Session of
the Preparatory Committee of the United Nations FINAL ACT
OF THE
UNITED NATIONS CONFERENCE
ON TRADE AND EMPLOYMENT
3. The Organization shall examine the proposal
and, by a two-thirds majority of the Members pres-
6. (a) If the Organization finds that the pro- FINAL ACT OF THE UNITED NATIONS CONFERENCE
ON TRADE AND EMPLOYMENT
The Economic and Social Council of the United Nations by a resolution dated February 18.
1946. resolved to call an International Conference on Trade and Employment for the purpose of
promoting the expansion of the production, exchange and consumption of goods.
The Conference, which met at Havana on November 21. 1947, and ended on March 24 . 1948.
drew up the Havana Charter for an International Trade Organization to be submitted to the Govern-
ments represented. The text of the Charter in the English and French languages is annexed hereto
and is hereby authenticated. The authentic text of the Charter in the Chinese, Russian and Spanish
languages will be established by the Interim Commission of the International Trade Organization,
in accordance with the procedure approved by the Conference.
There are also annexed to this Final Act a resolution of the Conference establishing, an interim
Commission of the International Trade Organization and the other resolutions of the Conference.
This Final Act and the documents annexed shall be deposited with the Secretary-General of
the United Nations, who will send certified copies to each of the Governments represented at the
Conference.
IN WITNESS WHEREOF, the duly authorized representatives of their Governments have
subscribed their names below.
DONE at Havana, this twenty-fourth day of March, one thousand nine hundred
and forty-eight, in a single copy in the Chinese, English, French, Russian and Spanish languages.
For Afghanistan: For Ceylon:
A. HOSAYN AZIZ B. MAHADEVA
For Ausiralia: For Chile:
H. C. CooMBS IV. MULLER
F. GARCíA OLDINI
For the Republic of Austria: For China:
MATSCH
WUNSZ KING
For the Kingdom of Belgium: For Colombia:
M. SU ETENS
F. LEQUEFRICA VÉLEZ
For Bolivia: For Costa Rica:
G. GUTIPÉREZ V. M. V. M. DE LA GUARDIA
For Brazil: For Cuba:
A. DF. VILHFENA FERREIRA BRAGA GUSTAVO GuTIÉRREZ
For the Union of Burma: For Czechoslovakia:
M. MYAT TUN Z. AUGENTHALER
For Canada: For Denmark:
L. D. WILGREsS E. WAERUM
CHAPTER IV For the Dominican Republic:
Luis JULIAN P.
For Ecuador:
E. CHIRIBOGA
For Egypt:
ANIS AZER
For El Salvadar:
R. JIMÉNEZ C.
For France:
PHILIPPE GROUSSET
For Greece
ATH. POLITIS
For Guatemala:
DR. ANGEL ARTURO RIVERA
For Haiti:
F. MORISSEAU LEROY
For India:
HARDIT SINGH MALIK
For the Republic of Indonesia:
A. K. GANI
For Iran:
NASROLLAH ENTEZAM
For Iraq:
S. HAIDER
A. JADDOU
For Ireland:
J. C. B. MACCARTHY
For the Republic of Italy:
CARMELO LA ROSA
For Lebanon:
GEORGES HAKIM
For Liberia:
JOHN A. DUNAWAV
For the Grand Duchy of Luxembourg:
J. WOULBROUN
For Mexico:
R. BETETA
C. NOVOA
For the Kingdom of the Netherlands:
A. B. SPEEKENBRINK
For New Zealand:
W. NASH
J. P. D. JOHNSEN
For Nicaragua:
J. SANCHEZ R.
For the Kingdom of Nonway:
ERIK COLBAN
For Pakistan:
A. H. ISPAHANI
For Panama:
JUVENAL A. CASTRELL+N
For Peru:
R+MULO F. FERRERO
MANUEL B. LLOSA
F'or the Philippine Republic:
URRANO A. ZAFRA
F'or Portugal:
ALVARO D. L. MARQUES
For Southern Rhodesia:
S. ROWE
For Sweden:
R. KUMLIN
For Switzerland:
FRITZ REAL
For Syria:
HUSNI SAWWAF
For Transjordan:
S. HAIDER
A. JADDOU
For the Union of South Africa:
H. T. ANDREWS
For the United Kingdom of
Great Britain and Northern Ireland:
STEPHEN L. HOLMES
j. L. DODDS
R. J. SHACKLE
For the United States of America:
W. L. CLAYTON
CLAIR WILCOX
For Uruguay:
ARIOSTO D. GONZ-LEZ
For Venezuela:
CARLOS A. D'ASCOLI
For the United Nations:
A. D. K. OWEN
for the Secretary-General
For the United Nations Conference
on Trade and Employment
ERIC WYNDHAM WHITE
Executive Secretary
(b) No Member shall be required to grant uni-
to
shall nevertheless conform to the requirements of HAVANA CHARTER
FOR AN
INTERNATIONAL TRADE ORGANIZATION
6. The provisions of paragraph 5 shall not apply
to any internal
Article 18
_ 71 HAVANA CHARTER
FOR AN INTERNATIONAL TRADE ORGANIZATION
I ND EX
CHAPTER I - PURPOSE AND OBJECTIVES
Article 1 ..... ........................
CHAPTER II - EMPLOYMENT AND ECONOMIC ACTIVITY
Article 2. Importance of Employment, Production and Demand in relation
to the Purpose of this Charter...............
Article 3. Maintenance of Domestic Employment ...........
Article 4. Removal of Maladjustments within the Balance of Payments.
Article 5. Exchange of Information and Consultation..........
Article 6. Safeguards for Members subject to External Inflationary or Defla-
tionary Pressure .....................
Article 7. Fair Labour Standards ..................
CHAPTER III - ECONOMIC DEVELOPMENT AND RECONSTRUCTION
Article 8. Importance of Economic Development and Reconstruction in
Relation to the Purpose of this Charter...........
Article 9. Development of Domestic Resources and Productivity.....
Article 10. Co-operation for Economic Development and Reconstruction ..
Article 11. Means of promoting Economic Development and Reconstruction
Article 12. International Investment for Economic Development and Recons-
truction ........................
Article 13. Governmental Assistance to Economic Development and Recons-
truction ........................
Article 14. Transitional Measures ...................
Article 1 5. Preferential Agreements for Economic Development and Re-
construction.......................
CHAPTER IV - COMMERCIAL POLICY
Section A. Tariffs, Preferences, and Internal Taxation and Regulation
Article 16. General Most-favoured-nation Treatment...........
Article 17. Reduction of Tariffs and Elimination of Preferences......
Article 18. National Treatment on Internal Taxation and Regulation....
Article 19. Special Provisions relating to Cinematograph Films ......
Section B. Quantitative Restrictions and related Exchange Matters
Article 20. General Elimination of Quantitative Restrictions........
Article 21. Restrictions to safeguard the Balance of Payments.......
Article 22. Non-discriminatory Administration of Quantitative Restrictions
Article 23. Exceptions to the Rule of Non-discrimination ........
Article 24. Relationship with the International Monetary Fund and Exchange
Arrangements ......................
Section C. Subsidies
Article 2 5. Subsidies in General....................
Article 26. Additional Provisions on Export Subsidies ..........
Article 27. Special Treatment of Primary Commodities .........
rticle 2 8. Undertaking regarding Stimulation of Exports of Primary Com-
modities ........................
Section D. State Trading and Related Matters
Article 29. Non-discriminatory Treatment...............
Article 30. Marketing Organizations .................
Article 31. Expansion of Trade ...................
Article 32. Liquidation of Non-commercial Stocks ...........
Section E. General Commercial Provisions
Article 3 3. Freedom of Transit ........ ...........
ArtiLle 34. Anti-dumping and Countervailing Duties ..........
Article 3 5. Valuation for Customs Purposes ..............
Article 36. Formalities connected with importation and Exportation....
Article 37. Marks of Origin .....................
Article 38. Publication and Administration of Trade Regulations.....
Article 39. Information. Statistics and Trade Terminology .........
Section F.
Article 40.
Article 41.
Article 42.
Article 43.
Article 44.
Article 45.
Special Provisions
Emergency Action on Imports of Particular Products.....
Consultation.......................
Territorial Application of Chapter IV .. .........
Frontier Traffic.....................
Customs Unions and Free-Trade Areas .. .........
General Exceptions to Chapter IV .. ...........
CHAPTER V - RESTRICTVE BUSINESS PRACTICES
Article 46.
Article 47.
Article 48.
Article 49.
Article 50.
Article 51.
Article 52.
Article 53.
General Policy Towards Restrictive Business Practices.....
Consultation Procedure..................
Investigation Procedure..................
Studies Relating to Restrictive Business Practices .. .....
Obligations of Members..................
Co-operative Remedial Arrangements............
Domestic Measures Against Restrictive Business Practices.
Special Procedures with Respect to Services..........
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37 CHAPTER VI - INTER-GOVERNMENTAL COMMODITY AGREEMENTS
Section A. Introductory Considerations
Article 55. Difficulties Relating to Primary Commodities ................
Article 56. Primary and Related Commodities ..........................
Article 57. Objectives of Inter-governmental Commodity Agreements .....
Section B. Inter-governmental Commodity Agreements in General
Article 58. Commodity Studies ......................................
Article 59. Commodity Conferences ..................................
Article 60. General Principles governing Commodity Agreements ..........
Article 61. Types of Agreements ..........................
Section C. Inter-governmental Commodity Control Agreements
Article 62. Circumstances governing the Use of Commodity Control
Agreements ... ...............
Article 63. Additional Principles governing Comodity Control Agreements ..
Article 64. Administration of Commodity Control Agreements ............
Articie 65. Initial Term. Renewal and Review of Commodity Control
Agreements .............................................
Article 66. Settlement of Disputes .................................
Section D. Miscellancous Provisions:
Article 67. Relations with Inter-governmental Organizations ............
Article 68. Obligations of Members Regarding Existing and Proposed Com-
modity Agreements ......................................
Article 69. Territorial Application ...................................
Article 70. Exceptions to Chapter VI ................................
CHAPTER VII - THE INTERNATIONAL TRADE ORGANIZATION
Section A. Structure and Functions
Article 71. Membership .............................................
Article 72. Functions ...................
Article 73. Structure ..............................................
Section B. The Conference
Article 74. Composition ............................................
Article 75. Voting ................................................
Article 76. Sessions, Rules of Procedure and Officers ...................
Article 77. Powers and Duties .......................................
Section C. The Executive Board
Article 78. Composition of the Executive Board ......................
Article 79. Voting ................................................
Article 80. Sessions, Rules of Procedure and Officers ....................
Article 81. Powers and Duties ......................................
Section D. The Commissions
Article 82. Establishment and Functions ..............................
Article 83. Composition and Rules of Procedure .......................
Section E. The Director-General and Staff
Article 84. The Director-General ....................................
Article 85. The Staff ................... ......................
Section F. Other Organizational Provisions
Article 86. Relations with the United Nations .........................
Article 87. Relations with Other Organizations ........................
Article 88. International Character of the Responsibilities of the Director-
General, Staff and Members of Commissions ..................
Article 89. International Legal Status of the Organization ..............
Article 90. Status of the Organization in the Territory of Members ......
Article 91. Contributions ...........................................
CHAPTER VIII - SETTLEMENT OF DIFFERENCES
Article 92. Reliance on the Procedures of the Charter ......
Article 93. Consultation and Arbitration ................
Article 94. Reference to the Executive Board ............
Article 95. Reference to the Conference ................
Article 96. Reference to the International Court of Justice .
Article 97. Miscellaneous Provisions .....................
CHAPTER IX - GENERAL PROVISIONS
Article 98. Relations with Non-Members ................
Article 99. General Exceptions ........................
Article 100. Amendments .. ..........................
Article 101. Review of the Charter .....................
Article 102. Withdrawal and Termination ...............
Article 103. Entry into Force and Registration ............
Article 104. Territorial Application ......................
Article 105. Annexes ............ ......................
Article 106.
Annexes A to J
Annex K
Annex L
Annex M
Annex N
Annex O
Annex P
Title and Date of the Charter; Deposit and Authenticity of Texts
- Relating to Article 16 ...........
- Relating to Article 23 ...........
- Relating to Article 78 ...........
- Relating to Article 99 ...........
- Relating to Article 100 ...........
- Relating to Article 103 ...........
- Interpretative Notes ..............
and Authenticity of Texts
. . . . . . . . . . . . ...
.. . . . . . .
. . . . . . . . . . . . .
. . . . . . . . . . . . ..
. . . . . . . . . . . . ...
. . . . .. .. . . .. . . .
(c) any Member applying such restrictions shall
I .I 1
provisions of the following paragraphs of this
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............
............
............
' ..........
............ CHAPTER I
PURPOSE AND OBJECTIVES
Article 1
RECOGNIZING the determination of the United
Nations to create conditions of stability and well-
being which are necessary for peaceful and friendly
relations among nations,
THE PARTIES to this Charter undertake in the
fields of trade and employment to co-operate with
one another and with the United Nations
For the Purpose of
REALIZING the aims set forth in the Charter of
the United Nations, particularly the attainment of
the higher standards of living, full employment and
conditions of economic and social progress and
development, envisaged in Article 55 of that Charter.
To THIS END they pledge themselves, individually
and collectively, to promote national and interna-
tional action designed to attain the following objec-
tives:
1. To assure a large and steadily growing volume
of real income and effective demand, to increase the
production, consumption and exchange of goods,
and thus to contribute to a balanced and expanding
world economy.
2. To foster and assist industrial and general
economic development, particularly of those coun-
tries which are still in the early stages of industrial
development, and to encourage the international
flow of capital for productive investment.
3. To further the enjoyment by all countries, on
equal terms, of access to the markets, products and
productive facilities which are needed for their
economic prosperity and development.
4. To promote on a reciprocal and mutually
advantageous basis the reduction of tariffs and
other barriers to trade and the elimination of discri-
minatory treatment in international commerce.
5. To enable countries, by increasing the oppor-
tunities for their trade and economic development,
to abstain from measures which would disrupt world
commerce, reduce productive employment or retard
economic progress.
6. To facilitate through the promotion of mutual
understanding, consultation and co-operation the
solution of problems relating to international trade
in the fields of employment, economic development,
commercial policy, business practices and com-
modity policy.
ACCORDINGLY they hereby establish the INTER-
NATIONAL TRADE ORGANIZATION through
which they shall co-operate as Members to achieve
the purpose and the objectives set forth in this
Article.
(b) The Members recognize that, as a result of
domestic policies directed toward the fulfilment of
e -
on that day and still applied under this Article at
the time of the review. CHAPTER 1I
EMPLOYMENT AND ECONOMIC ACTIVITY
Article 2
Importance of Employment, Production and
Demand in relation to the Purpose of this
Charter
1. The Members recognize that the avoidance of
unemployment or underemployment, through the
achievement and maintenance in each country of
useful employment opportunities for those able and
willing to work and of a large and steadily growing
volume of production and effective demand for
goods and services, is not of domestic concern
alone, but is also a necessary condition for the
achievement of the general purpose and the objec-
tives set forth in Article 1, including the expansion
of international trade, and thus for the well-being
of all other countries.
2. The Members recognize that, while the avoid-
ance of unemployment or underemployment must
depend primarily on internal measures taken by
individual countries, such measures should be sup-
plemented by concerted action under the sponsor-
ship of the Economic and Social Council of the
United Nations in collaboration with the appropriate
inter-governmental organizations, each of these
bodies acting within its respective sphere and
consistently with the terms and purposes of its
basic instrument.
3. The Members recognize that the regular
exchange of information and views among Members
is indispensable for successful co-operation in the
field of employment and economic activity and
should be facilitated by the Organization.
Article 3
Maintenance of Domestic Employment
1. Each Member shall take action designed to
achieve and maintain full and productive employ-
ment and large and steadily growing demand within
its own territory through measures appropriate to
its political, economic and social institutions.
2. Measures to sustain employment, production
and demand shall be consistent with the other
objectives and provisions of this Charter. Members
shall seek to avoid measures which would have the
effect of creating balance-of-payments difficulties
for other countries.
Article 4
Removal of Maladjustments within the Balance of
Payments
1. In the event that a persistent maladjustment
within a Member's balance of payments is a major
factor in a situation in which other Members are
involved in balance-of-payments difficulties which
6. If there is a persistent and widespread appli-
cation of import restrictions under this Article,
indicating the existence of a general disequilibrium
handicap them in carrying out the provisions of
Article 3 without resort to trade restrictions, the
Member shall make its full contribution, while
appropriate action shall be taken by the other Mem-
bers concerned, towards correcting the situation.
2. Action in accordance with this Article shall
be taken with due regard to the desirability of
employing methods which expand rather than con-
tract international trade.
Article 5
Exchange of Information and Consultation
1. The Members and the Organization shall
participate in arrangements made or sponsored by
the Economic and Social Council of the United
Nations, including arrangements with appropriate
inter-governmental organizations:
(a) for the systematic collection; analysis and
exchange of information on domestic employ-
ment problems, trends and policies, including
as far as possible information relating to
national income, demand and the balance of
payments;
(b) for studies, relevant to the purpose and
objectives set forth in Article 1, concerning
international aspects of population and em-
ployment problems;
(c) for consultation with a view to concerted
action on the part of governments and inter-
governmental organizations in order to
promote employment and economic activity.
2. The Organization shall, if it considers that
the urgency of the situation so requires, initiate
,consultations among Members with a view to their
taking appropriate measures against the interna-
tional spread of a decline in employment, production
or demand.
Article 6
Safeguards for Members subject to External
Inflationary or Deflationary Pressure
The Organization shall have regard, in the
exercise of its functions under other Articles of
this Charter, to the need of Members to take action.
within the provisions of this Charter to safeguard
their economies against inflationary or deflationary
pressure from abroad. In case of deflationary
pressure special consideration shall be given to the
consequences for any Member of a serious or abrupt
decline in the effective demand of other countries.
the proportions supplied by such Member
countries during a previous representative
period, due account being taken of any Article 7
Fair Labour Standards
1. The Members recognize that measures relating
to employment must take fully into account the
rights of workers under inter-governmental declara-
tions, conventions and agreements. They recognize
that all countries have a common interest in the
achievement and maintenance of fair labour stand-
ards related to productivity, and thus in the im-
provement of wages and working conditions as
productivity may permit. The Members recognize
that unfair labour conditions, particularly in pro-
4. With regard to restrictions applied in accord-
> ov of - 2 of
duction for export, create difficulties in international
trade, and, accordingly, each Member shall take
whatever action may be appropriate and feasible
to eliminate such conditions within its territory.
2. Members which are also members of the
International Labour Organisation shall co-operate
with that organization in giving effect to this
undertaking.
3. In all matters relating to labour standards that
may be referred to the Organization in accordance
with the provisions of Articles 94 or 95, it shall
consult and co-operate with the International Labour
Organisation.
(d) Any Member which before July 1, 1948 has
of 2 of ,I I CHAPTER III
ECONOMIC DEVELOPMENT A
Article 8
Importance of Economic Development and
Reconstruction in Relation to the Purpose
of this Charter
The Members recognize that the productive use
of the world's human and material resources is of
concern to and will benefit all countries, and that
the industrial and general economic development
of all countries, particularly of those in which
resources are as yet relatively undeveloped, as
well as the reconstruction of those countries whose
economies have been devastated by war, will improve
opportunities for employment, enhance the produc-
tivity of labour, increase the demand for goods and
services, contribute to economic balance, expand
international trade and raise levels of real income.
Article 9
Development of Domestic Resources and
Productivity
Members shall within their respective territories
take action designed progressively to develop, and
where necessary to reconstruct, industrial and other
economic resources and to raise standards of
productivity through measures not inconsistent with
the other provisions of this Charter.
Article 10
Co-operation for Economic Development and
Reconstruction
1. Members shall co-operate with one another,
with the Economic and Social Council of the United
Nations, with the Organization and with other
appropriate inter-governmental organizations, in
facilitating and promoting industrial and general
economic development, as well as the reconstruction
of those countries whose economies have been
devastated by war.
2. With a view to facilitating and promoting
industrial and general economic development and
consequently higher standards of living, especially
of those countries which are still relatively unde-
veloped, as well as the reconstruction of those
countries whose economies have been devastated by
war, and subject to any arrangements which may
be entered into between the Organization and the
Economic and Social Council of the United Nations
and appropriate inter-governmental organizations,
the Organization shall, within its powers and
resources, at the request of any Member:
ND RECONSTRUCTION
(a) (i) study the Member's natural resources
and potentialities for industrial and
general economic development, and
assist in the formulation of plans for
such development;
(ii) furnish the Member with appropriate
advice concerning its plans for economic
development or reconstruction and the
financing and carrying out of its pro-
grammes for economic development or
reconstruction; or
(b) assist the Member to procure such advice
or study.
These services shall be provided on terms to be
agreed and in such collaboration with appropriate
regional or other inter-governmental organizations
as will use fully the competence of each of them.
The Organization shall also, upon the same condi-
tions, aid Members in procuring appropriate tech-
nical assistance.
3. With a view to facilitating and promoting
industrial and general economic development, espe-
cially of those countries which are still relatively
undeveloped, as well as the reconstruction of those
countries whose economies have been devastated by
war, the Organization shall co-operate with the
Economic and Social Council of the United Nations
and appropriate inter-governmental organizations
on all phases, within their special competence,
of such development and reconstruction, and, in
particular, in respect of finance, equipment, tech-
nical assistance and managerial skills.
Article 11
Means of Promoting Economic Development and
Reconstruction
1. Progressive industrial and general economic
development, as well as reconstruction, requires
among other things adequate supplies of capital
funds, materials, modern equipment and technology
and technical and managerial skills. Accordingly,
in order to stimulate and assist in the provision and
exchange of these facilities:
(a) Members shall co-operate, in accordance.
with Article 10, in providing or arranging
for the provision of such facilities within
the limits of their power, and Members shall
not impose unreasonable or unjustifiable
impediments that would prevent other Mem-
bers from obtaining on equitable terms any
such facilities for their economic develop-
ment or, in the case of Member countries
whose economies have been devastated by
war, for their reconstruction;
(h) The Organization may, if it deems such
Article 24 (b) no Member shall take unreasonable or
unjustifiable action within its territory
injurious to the rights or interests of na-
tionals of other Members in the enterprise,
skills, capital, arts or technology which they
have supplied.
2. The Organization may, in such collaboration
with other inter-governmental organizations as may
be appropriate:
(a) make recommendations for and promote
bilateral or multilateral agreements on
measures designed:
(i) to assure just and equitable treatment
fo.r the enterprise, skills, capital, arts
and technology brought from one Mem-
ber country to another;
(ii) to avoid international double taxation
in order to stimulate foreign private
investments;
(iii) to enlarge to the greatest possible
extent the benefits to Members from
the fulfilment of the obligations under
this Article;
(b) make recommendations and promote agree-
ments designed to facilitate an equitable
distribution of skills, arts, technology, ma-
terials and equipment, with due regard to
the needs of all Members;
(c) formulate and promote the adoption of a
general agreement or statement of principles
regarding the conduct, practices and treat-
ment of foreign investment.
Article 12
International Investment for Economic Development
and Reconstruction
1. The Members recognize that:
(a) international investment, both public and
private, can be of great value in promoting
economic development and reconstruction,
and consequent social progress;
(b) the international flow of capital will be
stimulated to the extent that Members afford
nationals of other countries opportunities
for investment and security for existing and
future investments;
(c) without prejudice to existing international
agreements to which Members are parties,
a Member has the right:
(i) to take any appropriate safeguards
necessary to ensure that foreign invest-
ment is not used as a basis for
interference in its internal affairs or
national policies;
(ii) to determine whether and to what
extent and upon what terms it will
allow future foreign investment;
(iii) to prescribe and give effect on just
terms to requirements as to the owner-
ship of existing and future invest-
ments;
(iv) to prescribe and give effect to other
reasonable requirements with respect
to existing and future investments;
(d) the interests of Members whose nationals
are in a position to provide capital for
international investment and of Members
who desire to obtain the use of such capital
to promote their economic development or
reconstruction may be promoted if such
Members enter into bilateral or multilateral
agreements relating to the opportunities and
security for investment which the Members
are prepared to offer and any limitations
which they are prepared to accept of the
rights referred to in sub-paragraph (c).
2. Members therefore undertake:
(a) subject to the provisions of paragraph 1(c)
and to any agreements entered into under
paragraph 1(d),
(i) to provide reasonable opportunities for
investments acceptable to them and
adequate security for existing and
future investments, and
(ii) to give due regard to the desirability
of avoiding discrimination as between
foreign investments;
(b) upon the request of any Member and
without prejudice to existing international
agreements to which Members are parties,
to enter into consultation or to participate
in negotiations directed to the conclusion, if
mutually acceptable, of an agreement of the
kind referred to in paragraph 1 (d).
3. Members shall promote co-operation between
national and foreign enterprises or investors for
the purpose of fostering economic development or
reconstruction in cases where such co-operation
appears to the Members concerned to be appropriate.
Article 13
Governmental Assistance to Economic Development
and Reconstrutction
1. The Members recognize that special govern-
mental assistance may be required to promote the
establishment, development or reconstruction of
particular industries or branches of agriculture, and
that in appropriate circumstances the grant of such
assistance in the form of protective measures is
justified. At the same time they recognize that an
unwise use of such measures would impose undue
burdens on their own economies and unwarranted
restrictions on international trade, and might in-
crease unnecessarily the difficulties of adjustment
for the economies of other countries.
6. (a) A ' - of ` Or- w 2. The Organization and the Members concerned
shall preserve the utmost secrecy in respect of
matters arising under this Article.
-A-
3. If a Member, in the interest of its economic
development or reconstruction, or for the purpose
of increasing a most-favoured-nation rate of duty
in connection with the establishment of a new pre-
ferential agreement in accordance with the pro-
visions of Article 15, considers it desirable to adopt
any non-discriminatory measure affecting imports
which would conflict with an obligation which the
Member has assumed in respect of any product
through negotiations with any other Member or
Members pursuant to Chapter IV but which would
not conflict with that Chapter, such Member
(a) shall enter into direct negotiations with all
the other Members which have contractual
rights. The Members shall be free to proceed
in accordance with the terms of any agree-
ment resulting from such negotiations, pro-
vided that the Organization is informed
thereof; or
(b) shall initialIy or may, in the event of failure
to reach agreement under sub-paragraph
(a), apply to the Organization. The Organ-
ization shall determine, from among Mem-
bers which have contractual rights, the
Member or Members materially affected by
the proposed measure and shall sponsor
negotiations between such Member or Mem-
bers and the applicant Member with a view
to obtaining expeditious and substantial
agreement. The Organization shall establish
and communicate to the Members concerned
a time schedule for such negotiations, fol-
lowing as far as practicable any time sche-
dule which may have been proposed by the
applicant Member. The Members shall com-
mence and proceed continuously with such
negotiations in accordance with the time
schedule established by the Organization.
At the request of a Member, the Organiza-
tion may, where it concurs in principle with
the proposed measure, assist in the negotia-
tions. Upon substantial agreement being
reached, the applicant Member may be re-
leased by the Organization from the obliga-
tion referred to in this paragraph, subject to
such limitations as may have been agreed
upon in the negotiations between the Mem-
bers concerned.
4. (a) If as a result of action initiated under
paragraph 3, there should be an increase in im-
ports of any product concerned, including products
which can be directly substituted therefore, which.
if continued would be so great as to jeopardize the
establishment, development or reconstruction of the
industry, or branch of agriculture concerned, and
if no preventive measures consistent with the pro-
visiors of this Charter can be found which seem
likely to prove effective, the applicant Member may,
4. Notwithstanding the provisions of paragraph
1, any Member may subsidize the exports of any
product to the extent and for such time as may be
after informing, and when practicable consulting
with, the Organization, adopt such other measures
as the situation may require, provided that such
measures do not restrict imports more than ne-
cessary to offset the increase in imports referred to
in this sub-paragraph; except in unusual circum-
stances, such measures shall not reduce imports
below the level obtaining in the most recent repre-
sentative period preceding the date on which the
Member initiated action under paragraph 3.
(b) The Organization shall determine, as soon
as practicable, whether any such measure should
be continued, discontinued or modified. It shall in
any case be terminated as soon as the Organization
determines that the negotiations are completed or
discontinued.
(c) It is recognized that the contractual relation-
ships referred to in paragraph 3 involve reciprocal
advantages. and therefore any Member which has
a contractual right in respect of the product to
which such action relates, and whose trade is ma-
terially affected by the action, may suspend the
application to the trade of the applicant Member of
substantially equivalent obligations or concessions
under or pursuant to Chapter IV, provided that the
Member concerned has consulted the Organization
before taking such action and the Organization does
not disapprove.
5. In the case of any non-discriminatory measure
affecting imports which would conflict with Chapter
IV and which would apply to any product in respect
of which the Member has assumed an obligation
through negotiations with any other Member or
Members pursuant to Chapter IV, the provisions
of sub-paragraph (b) of paragraph 3 shall apply;
Provided that before granting a release the Organ-
ization shall afford adequate opportunity for all
Members which it determines to be materially
affected to express their views. The provisions of
paragraph 4 shall also be applicable in this case.
-C-
6. If a Member in the interest of its economic
development or reconstruction considers it desir-
able to adopt any non-discriminatory measure
affecting imports which would conflict with Chap-
ter IV, but which would not apply to any product
in respect of which the Member has assumed an
obligation through negotiations with any other
Member or Members pursuant to Chapter IV, such
Member shall notify the Organization and shall
transmit to the Organization a written statement of
the considerations in support of the adoption, for
a specified period, of the proposed measure.
7. (a) On application by such Member the Or-
ganization shall concur in the proposed measure
and grant the necessary release for a specified pe-
riod if, having particular regard to the applicant
Member's need for economic development or recons-
truction, it is established that the measure
within a reasonable period of time, or if the con-
clusion of a commodity agreement is not an appro-
li 1 I r W, I (i) is designed to protect a particular industry,
established between January 1, 1939 and the
date of this Charter, which was protected
during that period of its development by ab-
normal conditions arising out of the war; on
(ii) is designed to promote the establishment or
development of a particular industry for the
processing of an indigenous primary com-
modity, when the external sales of such
commodity have been materially reduced as
a result of new or increased restrictions
imposed abroad; or
(iii) is necessary, in view of the possibilities and
resources of the applicant Member to pro-
mote the establishment or development of
a particular industry for the processing of
an indigenous primary commodity, or for
the processing of a by-product of such in-
dustry, which would otherwise be wasted.
in order to achieve a fuller and more econo-
mic use of the applicant Member's natural
resources and manpower and, in the long
run, to raise the standard of living within
the territory of the applicant Member. and
is unlikely to have a harmful effect, in the
long run, on international trade; or
(iv) is unlikely to be more restrictive of inter-
national trade than any other practicable
and reasonable measure permitted under.
this Charter. which could be imposed without
undue difficulty, and is the one most suitable
for the purpose having regard to the econ-
omics of the industry or branch of agricul-
ture concerned and to the applicant Mem-
ber's need for economic development or
reconstruction.
The foregoing provisions of this sub-paragraph are
subject to the following condicions:
(1) any proposal by the applicant Member to
to apply any such measure, with or without
modification, after the end of the initial
period, shall not be subject to the provisions
of this paragraph; and
(2) the Organization shall not concur in any
measure tinder the provisions of (i), (ii) or
(iii) above which is likely to cause serious
prejudice to exports of a primary commodity
on which the economy of another Member
country is largely dependent.
(b) The applicant Member shall apply any meas-
ure permitted under sub-paragraph (a) in such a
way as to avoid unnecessary damage to the com-
mercial or economic interests of any other Member,
including interests under the provisions of Articles
3 and 9.
8. If the proposed measure does not fall within
the provisions of paragraph 7, the Member
(a) may enter into direct consultations With the
Member or Members which, in its judgment,
would be material!y affected by the measure.
At the same time, the Member shall inform
the Organization of such consultations in
order to afford it an opportunity to deter-
mine whether all materially affected Mem-
bers are included within the consultations.
Upon complete or substantial agreement
being reached, the Member interested in
taking the measure shall apply to the Organ-
ization. The Organization shall promptly
examine the application to ascertain whether
the interests of all the materially affected
Members have been duly taken into account.
If the Organization reaches this conclusion,
with or without further consultations be-
tween the Members concerned, it shall re-
lease the applicant Member from its obliga-
tions under the relevant provision of Chapter
IV, subject to such limitations as the Organ-
ization may impose; or
(b) may initially, or in the event of failure to
reach complete or substantial agreement
under sub-paragraph (a), apply to the Or-
ganization. The Organization shall promptly
transmit the statement submitted under par-
agraph 6 to the Member or Members which
are determined by the Organization to be
materially affected by the proposed measure.
Such Member or Members shall, within the
time limits prescribed by the Organization,
inform it whether, in the light of the anti-
cipated effects of the proposed measure on
the economy of such Member country or
countries, there is any objection to the pro-
posed measure. The Organization shall,
(i) if there isno objection to the proposed
measure on the part of the affected
Member or Members, immediately re-
lease the applicant Member from its
obligations under the relevant provision
of Chapter IV; or
(ii) if there is objection. promptly examine
the proposed measure, having regard to
the provisions of this Charter, to the
considerations presented by the appli-
cant Member and its need for economic
development or reconstruction, to the
views of the Member or Members deter-
mined to be materially affected, and to
the effect which the proposed measure,
with or without modification, is likely
to have, immediately and in the long
run, on international trade, and, in the
long run, on the standard of living
within the territory of the applicant
Member. If, as a result of such exami-
nation, the Organization concurs in the
proposed measure, with or without
modification, it shall release the appli-
cant Member from its obligations under
the relevant provision of Chapter IV,
subject to such limitations as it may
impose.
SECTION D - STATE TRADING AND RELATED MATTERS
Article 29
Article 31 9. If, in anticipation of the concurrence of the
Organization in the adoption of a measure referred
to in paragraph 6, there should be an increase or
threatened increase in the imports of any product
concerned, including products which can be directly
substituted therefor, so substantial as to jeopardize
the establishment, development or reconstruction
of the industry or branch of agriculture concerned,
and if no preventive measures consistent with this
Charter can be found which seem likely to prove
effective, the applicant Member may, after inform-
ing, and when practicable consulting with, the
Organization, adopt such other measures as the
situation may require, pending a decision by the
Organization on the Member's application; Pro-
vided that such measures do not reduce imports
below the level obtaining in the most recent repre-
sentative period preceding the date on which notifi-
cation was given under paragraph 6.
10. The Organization shall, at the earliest oppor-
tunity but ordinarily within fifteen days after receipt
of an application under the provisions of paragraph
7 or sub-paragraphs (a) or (b) of paragraph 8,
advise the applicant Member of the date by which
it will be notified whether or not it is released from
the relevant obligation. This shall be the earliest
practicable date and not later than ninety days after
receipt of such application; Provided that, if unfore-
seen difficulties arise before the date set, the period
may be extended after consultation with the appli-
cant Member. If the applicant Member is not so
notified by the date set, it may, after informing the
Organization, institute the proposed measure.
Article 14
Transitional Measures
1. Any Member may maintain any non-discrimi-
natory protective measure affecting imports which
has been imposed for the establishment, develop-
ment or reconstruction of a particular industry or
branch of agriculture and which is not otherwise
permitted by this Charter, provided that notification
has been given of such measure and of each prod-
uct to which it relates:
(a) in the case of a Member signatory to the
Final Act of the Second Session of the Pre-
paratory Committee of the United Nations
Conference on Trade and Employment, not
later than October 10, 1947, in respect of
measures in force on September 1, 1947,
subject to decisions made under paragraph 6
of Article XVIII of the General Agreement
on Tariffs and Trade; except that if in special
circumstances the CONTRACTING PARTIES to
that Agreement agree to dates other than
those specified in this sub-paragraph, such
other dates shall apply;
(b) in the case of any other Member, not later
than the day on which it deposits its instru-
ment of acceptance of this Charter, in res-
pect of measures in force on that day or on
the day of the entry into force of the Charter,
whichever is the earlier;
and provided further that notification has been
given under sub-paragraph (a) to the other sig-
natories to the Final Act of the Second Session of
the Preparatory Committee of the United Nations
Conference on Trade and Employment and under
sub-paragraph (b) to the Organization, or, if the
Charter has not entered into force on the day of
such notification, to the signatories to the Final Act
of the United Nations Conference on Trade and
Employment.
2. Any Member maintaining any such measure,
other than a measure approved by the CONTRACTING
PARTIES to the General Agreement under paragraph
6 of Article XVIII of that Agreement, shall, within
one month of becoming a Member of the Organiza-
tion, submit to it a statement of the considerations
in support of the maintenance of the measure and
the period for which it wishes to maintain it. The
Organization shall, as soon as possible, but in any
case within twelve months of such Member be-
coming a Member of the Organization, examine and
give a decision concerning the measure as if it had
been submitted to the Organization for its con-
currence under Article 13.
3. Any measure, approved in accordance with
the provisions of Article XVIII of the General Agree-
ment, and which is in effect at the time this Charter
enters into force, may remain in effect thereafter,
subject to the conditions of any such approval and,
if the Organization so decides, to review by the
Organization.
4. This Article shall not apply to any measure
relating to a product in respect of which the Mem-
ber has assumed an obligation through negotiations
pursuant to Chapter IV.
5. In cases where the Organization decides that
a measure should be modified or withdrawn by a
specified date, it shall have regard to the possible
need of a Member for a period of time in which to
make such modification or withdrawal.
Article 15
Preferential Agreements for Economic Development
and Reconstruction
1. The Members recognize that special circum-
stances, including the need for economic develop-
ment or reconstruction, may justify new preferential
agreements between two or more countries in the
interest of the programmes of economic develop-
ment or reconstruction of one or more of them.
2. Any Member contemplating the conclusion of
such an agreement shall communicate its intention
to the Organization and provide it with the relevant
information to enable it to examine the proposed
agreement. The Organization shall promptly com-
municate such information to all Members.
4. The import duty negotiated under paragraph 3. The Organization shall examine the proposal
and, by a two-thirds majority of the Members pres-
ent and voting, may grant, subject to such condi-
tions as it may impose, an exception to the pro-
visions of Article 16 to permit the proposed agree-
ment to become effective.
4. Notwithstanding the provisions of paragraph
3, the Organization shall authorize, in accordance
with the provisions of paragraphs 5 and 6, the
necessary departure from the provisions of Article
16 in respect of a proposed agreement between
Members for the establishment of tariff preferences
which it determines to fulfil the following conditions
and requirements:
(a) the territories of the parties to the agreement
are contiguous one with another, or all
parties belong to the same economic region;
(b) any preference provided for in the agreement
is necessary to ensure a sound and adequate
market for a particular industry or branch
of agriculture which is being, or is to be,
created or reconstructed or substantially
developed or substantially modernized;
(c) the parties to the agreement undertake to
grant free entry for the products of the
industry or branch of agriculture referred
to in sub-paragraph (b) or to apply customs
duties to such products sufficiently low to
ensure that the objectives set forth in that
sub-paragraph will be achieved;
(d) any compensation granted to the other
parties by the party receiving preferential
treatment shall, if it is a preferential con-
cession, conform with the provisions of this
paragraph;
(e) the agreement contains provisions permit-
ting, on terms and conditions to be deter-
mined by negotiation with the parties to the
agreement, the adherence of other Members,
which are able to qualify as parties to the
agreement under the provisions of this par-
agraph, in the interest of their programmes
of economic development or reconstruction.
The provisions of Chapter VIII may be
invoked by such a Member in this respect
only on the ground that it has been unjustifi-
ably excluded from participation in such an
agreement;
(1) the agreement contains provisions for its
termination within a period necessary for
the fulfilment of its purposes but, in any
case, not later than at the end of ten years;
any renewal shall be subject to the approval
of the Organization and no renewal shall
be for a longer period than five years.
5. When the Organization, upon the application
of a Member and in accordance with the provisions
of paragraph 6, approves a margin of preference
as an exception to Article 16 in respect of the prod-
ucts covered by the proposed agreement, it may,
as a condition of its approval, require a reduction
in an unbound most-favoured-nation rate of duty
proposed by the Member in respect of any product
so covered, if in the light of the representations of
any affected Member it considers that rate excessive.
6. (a) If the Organization finds that the pro-
posed agreement fulfils the conditions and require-
ments set forth in paragraph 4 and that the con-
clusion of the agreement is not likely to cause
substantial injury to the external trade of a Member
country not party to the agreement, it shall within
two months authorize the parties to the agreement
to depart from the provisions of Article 16, as
regards the products covered by the agreement.
if the Organization does not give a ruling within
the specified period, its authorization shall be
regarded as having been automatically granted.
(b) If the Organization finds that the proposed
agreement, while fulfilling the conditions and re-
quirements set forth in paragraph 4, is likely to
cause substantial injury to the external trade of a
Member country not party to the agreement, it shall
inform interested Members of itsfindings and shall
require the Members contemplating the conclusion
of the agreement to enter into negotiations with
that Member. When agreement is reached in the
negotiations, the Organization shall authorize the
Members contemplating the conclusion of the pre-
ferential agreement to depart from the provisions
of Article 16 as regards the products covered by
the preferential agreement. If, at the end of two
months from the date on which the Organization
suggested such negotiations, the negotiations have
not been completed and the Organization considers!
that the injured Member is unreasonably preventing
the conclusion of the negotiations, it shall authorize
the necessary departure from the provisions of
Article 16 and at the same time shall fix a fair
compensation to be granted by the parties to the
agreement to the injured Member or, if this is not
possible or reasonable, prescribe such modification
of the agreement as will give such Member fair
treatment. The provisions of Chapter VIII may be
invoked by such Member only if it does not accept
the decision of the Organization regarding such
compensation.
(c) If the Organization finds that the proposed
agreement, while fulfilling the conditions and re-
quirements set forth in paragraph 4, is likely to
jeopardize the economic position of a Member in
world trade, it shall not authorize any departure
from the provisions of Article 16 unless the parties
to the agreement have reached a mutually satisfac-
tory understanding with that Member.
(d) If the Organization finds that the prospective
parties to a regional preferential agreement have,
prior to November 21, 1947, obtained from countries
representing at least two-thirds of their import
trade the right to depart from most-favoured-nation
treatment in the cases envisaged in the agreement,
the Organization shall, without prejudice to the
conditions governing the recognition of such right,
grant the authorization provided for in paragraph 5
and in sub-paragraph (a) of this paragraph, pro-
vided that the conditions and requirements set out
in sub-paragraphs (a), (e) and (f) of paragraph 4
are fulfilled. Nevertheless, if the Organization finds
that the external trade of one or more Member
countries, which have not recognized this right to
depart from most-favoured-nation treatment, is
threatened with substantial injury, it shall invite
the parties to the agreement to enter into negotia-
tions with the injured Member, and the provisions
of sub-paragraph (b) of this paragraph shall apply. CHAPTER IV
COMMERCIAL POLICY
SECTION A - TARIFFS, PREFERENCES, AND INTERNAL TAXATION AND REGULATION
Article 16
General Most-favoured-nation Treatment
1. With respect to customs duties and charges
of any kind imposed on or in connection with im-
portation or exportation or imposed on the interna-
tional transfer of payments for imports or exports,
and with respect to the method of levying such
duties and charges, and with respect to all rules
and formalities in connection with importation and
exportation, and with respect to all matters within
the scope of paragraphs 2 and 4 of Article 18, any
advantage, favour, privilege or immunity granted
by any Member to any product originating in or
destined for any other country shall be accorded
immediately and unconditionally to the like product
originating in or destined for all other Member
countries.
2. The provisions of paragraph 1 shall not re-
quire the elimination, except as provided in Article
17, of any preferences in respect of import duties
or charges which do not exceed the margins pro-
vided for in paragraph 4 and which fall within
the following descriptions:
(a) preferences in force exclusively between two
or more of the territories listed in Annex A,
subject to the conditions set forth therein;
(b) preferences in force exclusively between two
or more territories which on July 1, 1939
were connected by common sovereignty or
relations of protection or suzerainty and
which are listed in Annexes B, C, D and E;
(c) preferences in force exclusively between the
United States of America and the Republic
of Cuba;
(d) preferences in force exclusively between the
Republic of the Philippines and the United
States of America, including the dependent
territories of the latter;
(e) preferences in force exclusively between
neighbouring countries listed in Annexes F,
G, H, I and J.
3. The provisions of paragraph 1 shall not apply
to preferences between the countries formerly a
part of the Ottoman Empire and detached from it
on July 24, 1923, provided such preferences fulfil
the applicable requirements of Article 15.
7. A system for the stabilization of the domestic
4. The margin of preference on any product in
respect of which a preference is permitted under
paragraph 2 shall not exceed (a) the maximum
margin provided for under the General Agreement
on Tariffs and Trade or any subsequent operative
agreement resulting from negotiations under Ar-
ticle 17, or (b) if not provided for under such agree-
ments, the margin existing either on April 10, 1917,
or on any earlier date established for a Member as
a basis for negotiating the General Agreement on
Tariffs and Trade, at the option of such Member.
5. The imposition of a margin of tariff preference
not in excess of the amount necessary to compen-
sate for the elimination of a margin of preference
in an internal tax existing on April 10. 1947, ex-
clusively between two or more of the territories
in respect of which preferential import duties or
charges are permitted under paragraph 2, shall not
be deemed to be contrary to the provisions of this
Article, it being understood that any such margin
of tariff preference shall be subject to the pro-
visions of Article 17.
Article 17
Reduction of Tariffs and Elimination
of Preferences
1. Each Member shall, upon the request of any
other Member or Members. and subject to pro-
cedural arrangements established by the Organiza-
tion, enter into and carry out with such other Mem-
ber or Members negotiations directed to the sub-
stantial reduction of the general levels of tariffs
and other charges on imports and exports. and to
the elimination of the preferences referred to in
paragraph 2 of Article 16. on a reciprocal and mu-
tually advantageous basis.
2. The negotiations provided for in paragraph 1
shall proceed in accordance with the following
rules:
(a) Such 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. Members shall be
free not to grant concessions on particular
products and, in the granting of a conces-
sion, they may reduce the duty, bind
it at its then existing level, or undertake not
to raise it above a specified higher level.
of ., - , . . I and ployment
ERIC WYNDHAM WHITE
Executive Secretary
(b) No Member shall be required to grant uni-
lateral concessions, or to grant concessions
to other Members without receiving adequate
concessions in return. Account shall be
taken of the value to any Member of obtain-
ing in its own right and by direct obligation
the indirect concessions which it would
otherwise enjoy only by virtue of Article 16.
(c) In negotiations relating to any specific pro-
duct 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 automati-
cally 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 preferen-
tial rate, the reduction in each shall be
that agreed by the parties to the nego-
tiations;
(iv) no margin of preference shall be in-
creased.
(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 the requirement under
paragraph 1 to negotiate with respect to
preferences, it being understood that agree-
ments which result from such negotiations
and which conflict with such obligations
shall not require the modification or termi-
nation of such obligations except (i) with
the consent of the parties to such obligations.
or, in the absence of such consent, (ii) by
modification or termination of such obliga-
tions in accordance with their terms.
3. The negotiations leading to the General Agree-
ment on Tariffs and Trade, concluded at Geneva on
October 30, 1947, shall be deemed to be negotiations
pursuant to this Article. The concessions agreed
upon as a result of all other negotiations completed
by a Member pursuant to this Article shall be in-
corporated in the General Agreement on terms to
be agreed with the parties thereto. If any Member
enters into any agreement relating to tariffs or
preferences which is not concluded pursuant to this
Article, the negotiations leading to such agreement
shall nevertheless conform to the requirements of
paragraph 2 (c).
4. (a) The provisions of Article 16 shall not
prevent the operation of paragraph 5 (b) of Article
XXV of the General Agreement on Tariffs and Trade,
as amended at the First Session of the CONTRACTING
PARTIES.
(b) If a Member has failed to become a contract-
ing party to the General Agreement within two
years from the entry into force of this Charter with
respect to such Member, the provisions of Article 16
shall cease to require, at the end of that period, the
application to the trade of such Member country
of the concessions granted, in the appropriate
Schedule annexed to the General Agreement, by
another Member which has requested the first Mem-
ber to negotiate with a view to becoming a con-
tracting party to the General Agreement but has
not successfully concluded negotiations; Provided
that the Organizationmay, by a majority of the
votes cast, require the continued application of such
concessions to the trade of any Member country
which has been unreasonably prevented from be-
coming a contracting party to the General Agree-
ment pursuant to negotiations in accordance with
the provisions of this Article.
(c) If a Member which is a contracting party to
the General Agreement proposes to withhold tariff
concessions from the trade of a Member country
which is not a contracting party, it shall give notice
in writing to the Organization and to the affected
Member. The latter Member may request the Or-
ganization to require the continuance of such
concessions, and if such a request has been made
the tariff concessions shall not be withheld pending
a decision by the Organization under the provisions
of sub-paragraph (b) of this paragraph.
(d) In any determination whether a Member has
been unreasonably prevented from becoming a con-
tracting party to the General Agreement, and in
any determination under the provisions of Chapter
VIII whether a Member has failed without sufficient
justification to fulfil its obligations under paragraph
1 of this Article, the Organization shall have regard
to all relevant circumstances, including the develop-
mental, reconstruction and other needs, and the
general fiscal structures, of the Member countries
concerned and to the provisions of the Charter as
a whole.
(e) If such concessions are in fact withheld, so
as to result in the application to the trade of a
Member country of duties higher than would other-
wise have been applicable, such Member shall then
be free, within sixty days after such action becomes
effective, to give written notice of withdrawal from
the Organization. The withdrawal shall become
effective upon the expiration of sixty days from
the day on which such notice is received by the
Director-General. Article 18
National Treatment on Internal Taxation and
Regulation
1. The Members recognize that internal taxes
and other internal charges, and laws, regulations
and requirements affecting the internal sale, offer-
ing for sale, purchase, transportation, distribution
or use of products, and internal quantitative regu-
lations requiring the mixture, processing or use of
products in specified amounts or proportions, should
not be applied to imported or domestic products so
as to afford protection to domestic production.
2. The products of any Member country imported
into any other Member country shall not be subject,
directly or indirectly. to internal taxes or other
internal charges of any kind in excess of those
applied, directly or indirectly, to like domestic
products. Moreover, no Member shall otherwise
apply internal taxes or other internal charges to
imported or domestic products in a manner contrary
to the principles set forth in paragraph 1.
3. With respect to any existing internal tax
which is inconsistent with the provisions of para-
graph 2 but which is specifically authorized under
a trade agreement, in force on April 10, 1947, in
which the import duty on the taxed product is bound
against increase, the Member imposing the tax shall
be free to postpone the application of the provisions
of paragraph 2 to such tax until such time as it
can obtain release from the obligations of such-
trade agreement in order to permit the increase of
such duty to the extent necessary to compensate
for the elimination of the protective element of
the tax.
4. The products of any Member country imported
into any other Member country shall be accorded
treatment no less favourable than that accorded to
like products of national origin in respect of all
laws, regulations. and requirements affecting their
internal sale, offering for sale, purchase, transpor-
tation, distribution or use. The provisions of this
paragraph shall not prevent the application of
differential internal transportation charges which
are based exclusively on the economic operation of
the means of transport and not on the nationality
of the product.
5. No Member shall establish or maintain any
internal quantitative regulation relating to the
mixture, processing or use of products in specified
amounts or proportions which requires, directly or
indirectly, that any specified amount or proportion
of any product Which is the subject of the regulation
must be supplied from domestic sources. Moreover,
no Member shall otherwise apply internal quanti-
tative regulations in a manner contrary to the
principles set forth in paragraph 1.
6. The provisions of paragraph 5 shall not apply
to any internal quantitative regulation in force in
any Member country on July 1, 1939, April 10, 1947
or on the date of this Charter, at the option of that
Member; Provided that any such regulation which
is contrary to the provisions of paragraph 5 shall
not be modified to the detriment of imports and
shall be subject to negotiation and shall accordingly
be treated as a customs duty for the purposes of
Article 17.
7. No internal quantitative regulation relating
to the mixture, processing or use of products in
specified amounts or proportions shall be applied
in such a manner as to allocate any such amount
or proportion among external sources of supply.
8. (a) The provisions of this Article shall not
apply to laws, regulations or requirements governing
the procurement by governmental agencies of
products purchased for governmental purposes and
not with a view to commercial resale or with a
view to use in the production of goods for com-
mercial sale.
(b) The provisions of this Article shall not
prevent the payment of subsidies exclusively to
domestic producers, including payments to domestic
producers derived from the proceeds of internal
taxes or charges applied consistently with the pro-
visions of this Article and subsidies effected through
governmental purchases of domestic products.
9. The Members recognize that internal maxi-
mum price control measures, even though con-
forming to the other provisions of this Article, can
have effects prejudicial to the interests of Member
countries supplying imported products. Accordingly,
Members applying such measures shall take account
of the interests of exporting Member countries with
a view to avoiding to the fullest practicable extent
such prejudicial effects.
Article 19
Special Pro visions relating to Cinemnatograph Films
The provisions of Article 18 shall not prevent any
Member from establishing or maintaining internal
quantitative regulations relating to exposed cinema-
tograph films. Any such regulations shall take the
form of screen quotas which shall conform to the
following conditions and requirements:
(a) Screen quotas may require the exhibition of
cinematograph films of national origin
during a specified minimum proportion of
the total screen time actually utilized over
a specified period of not less than one year,
in the commercial exhibition of all films of
whatever origin, and shall be computed on
the basis of screen time per theatre per year
or the equivalent thereof. Article 53. Special Procedures with Respect
(b) With the exception of screen time reserved
for films of national origin under a screen
quota, screen time, including screen time
released by administrative action from time
reserved for films of national origin, shall
not be allocated formally or In effect among
sources of supply.
(c) Notwithstanding the provisions of sub-
paragraph (b) any Member may maintain
screen quotas conforming to the require-
......
to Services ..................
37
37
ments of sub-paragraph (a) which reserve
a minimum proportion of screen time for
films of a specified origin other than that
of the Member imposing such screen quotas;
Provided that such minimum proportion of
screen time shall not be increased above
the level in effect on April 10, 1947.
(d) Screen quotas shall be subject to negotiation
and shall accordingly be treated as customs
duties for the purposes of Article 17.
SECTION B - QUANTITATIVE RESTRICTIONS AND RELATED EXCHANGE MATTERS
Article 20
General Elimination of Quantitative Restrictions
1. No prohibitions or restrictions other than
duties, taxes or other charges, whether made
effective through quotas, impcrt or export licenses
or other measures, shall be instituted or maintained
by any Member on the importation of any product
of any other Member country or on the exportation
or sale for export of any product destined for any
other Member country.
2. The provisions of paragraph 1 shall not extend
to the following:
(a) export prohibitions or restrictions applied
for the period necessary to prevent or relieve
critical shortages of foodstuffs or other
products essential to the exporting Member
country;
(b) import and export prohibitions or restrictions
necessary to the application of standards or
regulations for the classification, grading or
marketing of commodities in international
trade; if, in the opinton of the Organizacion,
the standards or regulations adopted by a
Member under this sub-paragraph have an
unduly restrictive effect on trade, the Orga-
nization may request the Member to revise
the standards or eegulations; Providcd that
it shall not request the revision of standards
internationally agreed pursuant to recom-
mendations made under paragraph 7 of
Article 39;
(c) import restrictions on any agricultural or
fisheries product, imported in any form,
necessary to c the enforcement of governmen-
tal measures which operate effectively:
(i) to. restrict the quantities of the like
domestic product permitted to be mar-
keted or produced, or, if there is no
substantial domestic production of the
like product, of a domestic agricultural
or fisheries product for which the
imported product can be directly substi-
tuted; or
(ii) to remove a temporary surplus of the
like domestic product, or, if there is
no substantial domestic production of
the like product, of a domestic agri-
cultlra or fisheries product for which
the imported product can be directly
substituted, by making the surplus
available to omrtain groups of d- estic
consumers free of charge or at prices
below the current market level; or
(iii) to restrict the quantities permitted to
be produced of any animal product the
production of which is directly depend-
ent, wholly or mainly, on. the imported
commodity, if the domestic production
of that commodity is relatively negli-
gible.
3. With regard to import restrictions applied
under the provisions of paragraph 2 (c):
(a) such restrictions shall be applied only so
long as the governmental measures referred
to in paragraph 2 (c) are in force, and, when
applied to the import of products of which
domestic supplies are available during only
a part of the year, shall not be applied in
such a way as to prevent their import in
quantities sufficient to satisfy demand for
current consumption purposes during those
periods of the year when like domestic
products, or domestic products for which
the imported product can be directly substi-
tuted, are not available;
(b) any Member intending to introduce restric-
tions on the importation of any product shall,
in order to avoid unnecessary damage to the
interests of exporting countries, give notice
in writing as far in advance as practicable
to the Organization and to Members having
a substantial interest in supplying that
product, in order to afford such Members
adequate opportunity for consultation in
accordance with the provisions of paragraphs
2 (d) and 4 of Article 22, before the restric-
tions enter into force. At the request of the
importing Member concerned, the notifica-
tion and any information disclosed during
the consultations shall be kept strictly
confidential: (c) any Member applying such restrictions shall
give public notice of the total quantity or
value of the product permitted to be imported
during a specified future period and of any
change in such quantity or value;
(d) any restrictions applied under paragraph 2
(c) (i) shall not be such as will reduce the
total of imports relative to the total of
domestic production, as compared with the
proportion which might reasonably be ex-
pected to rule between the two in the
absence of restrictions. In determining this
proportion, the Member applying the restric-
tions shall pay due regard to the proportion
prevailing during a previous representative
period and to any special factors which may
have affected or may be affecting the trade
in the product concerned.
provisions of the following paragraphs of this
Article.
3. (a) No Member shall institute, maintain or
intensify import restrictions under this Article
except to the extent necessary
(i) to forestall the imminent threat of, or to
stop. a serious decline in its monetary re-
serves, or
(ii) in the case of a Member with very low
monetary reserves, to achieve a reasonable
rate of increase in its reserves.
Due regard shall be paid in either case to any
special factors which may be affecting the Member's
reserves or need for reserves, including, where
special external credits or other resources are avail-
able to it, the need to provide for the appropriate
use of such credits or resources.
this Section the terms "import
"export restrictions" include
effective through state-trading
Article 21
Restrictions to safeguard the Balance of Payments
1. The Members recognize that:
(a) it is primarily the responsibility of each
Member to safeguard its external financial
position and to achieve and maintain stable
equilibrium in its balance of payments;
(b) an adverse balance of payments of one
Member country may have important effects
on the trade and balance of payments of
other Member countries, if it results in, or
may lead to, the imposition by the Member
of restrictions affecting international trade;
(c) the balance of payments of each Member
country is of concern to other Members, and
therefore it is desirable that the Organization
should promote consultations among Mem-
bers and, where possible, agreed action
consistent with this Charter for the purpose
of correcting a maladjustment in the balance
of payments; and
(d) action taken to restore stable equilibrium
in the balance of payments should, so far
as the Member or Members concerned find
possible, employ methods which expand
rather than contract international trade.
2. Notwithstanding the provisions of paragraph 1
of Article 20, any Member, in order to safeguard
its external financial position and balance of pay-
ments, may restrict the quantity or value of mer-
nPrrnittPd to ho imnnrtrl ciihicie- to tlin
(b) A Member applying restrictions under
sub-paragraph (a) shall progressively relax and
ultimately eliminate them, in accordance with the
provisions of that sub-paragraph, as its external
financial position improves. This provision shall not
be interpreted to mean that a Member is required
to relax or remove such restrictions if that relaxa-
tion or removal would thereupon produce conditions
Justifying the intensification or institution, respect-
ively, of restrictions under sub-paragraph (a).
(c) Members undertake:
(i) not to apply restrictions so as to prevent
unreasonably the importation of any descrip-
tion of merchandise in minimum commercial
quantities the exclusion of which would
impair regular channels of trade, or restric-
tions which would prevent the importation
of commercial samples or prevent the im-
portation of such minimum quantities of a
product as may be necessary to obtain and
maintain patent, trade mark, copyright or
similar rights under industrial or intellectual
property laws;
(ii) to apply restrictions under this Article in
such a way as to avoid unnecessary damage
to the commercial or economic interests of
any other Member, including interests under
Articles 3 and 9.
4. (a) The Members recognize that in the early
years of the Organization all of them will be
confronted in varying degrees with problems of
economic adjustment resulting from the war. During
this period the Organization shall, when required
to take decisions under this Article or under Article
23, take full account of the difficulties of post-war
adjustment and of the need which a Member may
have to use import restrictions as a step towards
the restoration of equilibrium in its balance of
nnvrnortc on ' ' rnd lastirn basig.
(b) Notwithstanding the prove ins of sub-para-
4. Throughout
restrictions" and
restrictions made
operations.
2.nr -'-- (b) The Members recognize that, as a result of
domestic policies directed toward the fulfilment of
a Member's obligations under Article 3 relating to
the achievement and maintenance of full and produc-
tive employment and large and steadily growing
demand, or its obligations under Article 9 relating
to the reconstruction or development of industrial
and other economic resources and to the raising of
standards of productivity, such a Member may find
that demands for foreign exchange on account of
imports and other current payments are absorbing
the foreign exchange resources currently available
to it in such a manner as to exercise pressure on
its monetary reserves which would justify the
institution or maintenance of restrictions under
paragraph 3 of this Article. Accordingly,
(i) no Member shall be required to withdraw or
modify restrictions which it is applying under
this Article on the ground that a change in
such policies would render these restrictions
unnecessary;
(ii) any Member applying import restrictions un-
der this Article may determine the incidence
of the restrictions on imports of different
products or classes of products in such a
way as to give priority to the importation-
of those products which are more essential
in the light of such policies.
(c) Members undertake, in carrying out their
domestic policies, to pay due regard to the need
for restoring equilibrium in their balance of pay-
ments on a sound and lasting basis and to the
desirability of assuring an economic employment
of productive resources.
5. (a) Any Member which is not applying
restrictions under this Article, but is considering
the need to do so, shall, before instituting such
restrictions (or, in circumstances in which prior
consultation is impracticable, immediately after
doing so), consult with the Organization as to the
nature of its balance-of-payments difficulties, alter-
native corrective measures which may be available,
and the possible effect of such measures on the
economies of other Members. No Member shall be
required in the course of consultations under this
sub-paragraph to indicate in advance the choice or
timing of any particular measure which it may
ultimately determine to adopt.
(b) The Organization may at any time invite
any Member which is applying import restrictions
under this Article to enter into such consultations
with it, and shall invite any Member substantially
intensifying such restrictions to consult within
thirty days. A Member thus invited shall partici-
pate in the consultations. The Organization may
invite any other Member to take part in the
consultations. Not later than two years from the
day on which this Charter enters into force, the
Organization shall review all restrictions existing
on that day and still applied under this Article at
the time of the review.
(c) Any Member may consult with the Orga-
nization with a view to obtaining the prior approval
of the Organization for restrictions which the
Member proposes, under this Article, to maintain,
intensify or institute, or for the maintenance,
intensification or institution of restrictions under
specified future conditions. As a result of suc
consultations, the Organization may approve in
advance the maintenance, intensification or insti-
tution of restrictions by the Member in question
in so far as the general extent, degree of intensity
and duration of the restrictions are concerned. To
the extent to which such approval has been given,
the requirements of sub-paragraph (a) of this
paragraph shall be deemed to have been fulfilled,
and the action of the Member applying the restric-
tions shall not be open to challenge under sub-
paragraph (d) of this paragraph on the ground
that such action is inconsistent with the provisions
of sub-paragraphs (a) and (b) of paragraph 3.
(d) Any Member which considers that another
Member is applying restrictions under this Article
inconsistently with the provisions of paragraphs 3
or 4 of this Article or with those of Article 22
(subject to the provisions of Article 23) may bring
the matter to the Organization for discussion; and
the Member applying the restrictions shall partici-
pate in the discussion. If, on the basis of the case
presented by the Member initiating the procedure,
it appears to the Organizaticn that the trade of
that Member is adversely affected, the Organization
shall submit its views to the parties with the aim
of achieving a settlement of the matter in question
which is satisfactory to the parties and to the
Organization. If no such settlement is reached and
if the Organization determines that the restrictions
are being applied inconsistently with the provisions
of paragraphs 3 or 4 of this Article or with those
of Article 22 (subject to the provisions of Article
23), the Organization shall recommend the with-
drawal or modification of the restrictions. If the
restrictions are not withdrawn or modified in
accordance with the recommendation of the Organ-
ization within sixty days, the Organization may
release any Member from specified obligations or
concessions under or pursuant to this Charter
towards the Member applying the restrictions.
(e) In consultations between a Member and the
Organization under this paragraph there shall be
full and free discussion as to the various causes and
the nature of the Member's balance-of-payments
difficulties. It is recognized that premature disclo-
sure of the prospective application, withdrawal or
modification of any restrictions under this Article
might stimulate speculative trade and financial
movements which would tend to defeat the purposes
of this Article. Accordingly, the Organization shall
make provision for the observance of the utmost
secrecy in the conduct of any consultation 6. If there is a persistent and widespread appli-
cation of Import restrictions under this Article,
indicating the existence of a general disequilibrium
which is restricting international trade, the Organi-
zation shall initiate discussions to consider whether
other measures might be taken, either by those
Members whose balances of payments are under
pressure or by those Members whose balances of
payments are tending to be exceptionally favourable,
or by any appropriate inter-governmental. organiza-
tion, to remove the underlying causes of the dis-
equilibrium. On the invitation of the Organization,
Members shall participate in such discussions.
Article 22
Non-discriminatory Administration of Quantitative
Restrictions
1. No prohibition or restriction shall be applied
by any Member on the importation of any product
of any other Member country or on the exportation
of any product destined for any other Member
country, unless the importation of the like product
of all third countries or the exportation of the like
product to all third countries is similarly prohibited
or restricted.
2. In applying import restrictions to any product,
Members shall aim at a distribution of trade in
such product approaching as closely as possible to
the shares which the various Member countries
might be expected to obtain in the absence of such
restrictions, and to this end shall observe the
following provisions:
(a) wherever practicable, quotas representing
the total amount of permitted imports (whe-
ther allocated among supplying countries
or not) shall be tixed, and notice given of
their amount in accordance with paragraph
3 (b);
(b) in cases in which quotas are not practicable,
the restrictions may be applied by means of
import licences or permits without a quota;
(c) Members shall not, except for purposes of
operating quotas allocated in accordance
with sub-paragraph (d) of this paragraph,
require that import licences or permits be
utilized for the importation of the product
concerned from a particular country or
source;
(d) in cases in which a quota is allocated among
supplying countries, the Member applying
the restrictions may seek agreement with
respect to the allocation of shares in the
ouota with all other Members having a
substantial interest in supplying the product
concerned. In cases in which this method
is not reasonably practicable, the Member
concerned shall allot to Member countries
having a substantial interest in supplying
the product shares of the total quantity or
value of imports of the product based upon
the proportions supplied by such Member
countries during a previous representative
period, due account being taken of any
special factors which may have affected or
may be affecting the trade in the product.
No conditions or formalities shall be imposed
which would prevent any Member country
from utilizing fully the share of any such
total quantity or value which has been
allotted to it, subject to importation being
made within any prescribed period to which
the quota may relate.
3. (a) In the case of import restrictions involv-
ing the granting of import licences, the Member
applying the restrictions shall provide, upon the
request of any Member having an interest in the
trade in the product concerned, all relevant informa-
tion concernin, the administration of the restric-
tions, the import licences granted over a recent
period and the distribution of such licences among
supplying countries; Provided that there shall be
no obligation to supply information as to the names
of importing or supplying enterprises.
(b) In the case of import restrictions involving
the fixing of quotas, the Member applying the
restrictions shall give public notice of the total
quantity or value of the product or products which
will be permitted to be imported during a specified.
future period and of any change in such quantity
or value. Any supplies of the product in question
which were en route at the time at which public
notice was given shall not be excluded from entry;
Provided that they may be counted, so far as prac-
ticable, against the quantity permitted to be im-
ported in the period in question, and also, where
necessary, against the quantities permitted to be
imported in the next following period or periods,
and Provided further that if any Member custom-
arily exempts from such restrictions products
entered for consumption or withdrawn from ware-
house for consumption during a period of thirty
days after the day of such public notice, such
practice shall be considered full compliance with
this sub-paragraph.
(c) In the case of quotas allocated among
supplying countries, the Member applying the
restrictions shall promptly inform all other Members
having an interest in supplying the product con-
cerned of the shares in the quota currently allocated,
by quantity or value, to the various supplying
countries and shall give public notice thereof.
(d) If the Organization finds, upon the request
of a Member, that the interests of that Member
would be seriously prejudiced by giving, in regard
to certain products, the public notice required under
sub-paragraphs (b) and (c) of this paragraph, by
reason of the fact that a large part of its imports
of such products is supplied by non-Member coun-
tries, the Organization shall release the Member
from compliance with the obligations in question
to the extent and for such time as it finds necessary
to prevent such prejudice. Any request made by a
Member pursuant to this sub-paragraph shall be
acted upon promptly by the Organization. 4. With regard to restrictions applied in accord-
ance with the provisions of paragraph 2 (d) of this
Article or under the provisions of paragraph 2 (c)
of Article 20, the selection of a representative period
for any product and the appraisal of any special
factors affecting the trade In the product shall be
made initially by the Member applying the restric-
tions; Provided that such Member shall, upon the
request of any other Member having a substantial
interest in supplying that product, or upon the
request of the Organization, consult promptly with
the other Member or the Organization regarding
the need for an adjustment of the proportion deter-
mined or of the base period selected, or for the
re-appraisal of the special factors Involved, or for
the elimination of conditions, formalities or any
other provisions established unilaterally with regard
to the allocation of an adequate quota or its
unrestricted utilization.
5. The provisions of this Article shall apply to
any tariff quota instituted or maintained by any
Member and, In so far as applicable, the principles of
this Article shall also extend to export restrictions.
Article 23
Exceptions to the Rule of Non-discrimination
1. (a) The Members recognize that the after-
math of the war has brought difficult problems of
economic adjustment which do not permit the im-
mediate full achievement of non-discriminatory
administration of quantitative restrictions and
therefore require the exceptional transitional period
arrangements set forth In this paragraph.
(b) A Member which applies restrictions under
Article 21 may, in the use of such restrictions,
deviate from the provisions of Article 22 In a man-
ner having equivalent effect to restrictions on pay-
ments and transfers for current international trans-
actions which that Member may at that time apply
under Article XIV of the Articles of Agreement of
the International Monetary Fund, or under an
analogous provision of a special exchange agree-
ment entered into pursuant to paragraph 6 of
Article 24.
(c) A Member which is applying restrictions
under Article 21 and which on March 11 1948 was
applying Import restrictions to safeguard its balance
of payments in a manner which deviated from the
rules of non-discrimination set forth in Article 22
may, to the extent that such deviation would not
have been authorized on that date by sub-paragraph
(b), continue so to deviate, and may adapt such
deviation to changing circumstances.
(d) Any Member which before July 1, 1948 has
signed the Protocol of Provisional Application
agreed upon at Geneva on October 30, 1947, and
which by such signature has provisionally accepted
the principles of paragraph 1 of Article 23 of the
Draft Charter submitted to the United Nations
Conference on Trade and Employment by the Pre-
paratory Committee, may elect, by written notice
to the Interim Commission of the International
Trade Organization or to the Organization before
January 1, 1949, to be governed by the provisions
of Annex K of this Charter, which embodies such
principles, in lieu of the provisions of sub-para-
graphs (b) and (c) of this paragraph. The pro-
visions of sub-paragraphs (b) and (c) shall not be
applicable to Members which have so elected to be
governed by the provisions of Annex K; and con-
versely, the provisions of Annex K shall not be
applicable to Members which have not so elected.
(e) The policies applied in the use of import
restrictions under sub-paragraphs (b) and (c) or
under Annex K in the post-war transitional period
shall be designed to promote the maximum develop-
ment of multilateral trade possible during that
period and to expedite the attainment of a balance-
of-payments position which will no longer require
resort to the provisions of Article 21 or to transi-
tional exchange arrangements.
(f) A Member may deviate from the provisions
of Article 22, pursuant to sub-paragraphs (b) or
(c) of this paragraph or pursuant to Annex K, only
so long as it is availing itself of the post-war transi-
tional period arrangements under Article XIV of the
Articles of Agreement of the International Monetary
Fund, or of an analogous provision of a special
exchange agreement entered into under paragraph
6 of Article 24.
(g) Not later than March 1, 1950 (three years
after the date on which the International Monetary
Fund began operations) and in each year thereafter,
the Organization shall report on any action still
being taken by Members under sub-paragraphs (b)
and (c) of this paragraph or under Annex K In
March 1952, and in each year thereafter, any Mem-
ber still entitled to take action under the provisions
of sub-paragraph (c) or of Annex K shall consult
the Organization as to any deviations from Article
22 still in force pursuant to such provisions and as
to its continued resort to such provisions. After
March 1, 1952 any action under Annex K going
beyond the maintenance in force of deviations on
which such consultation has taken place and which
the Organization has not found unjustifiable, or
their adaptation to changing circumstances, shall
be subject to any limitations of a general character
which the Organization may prescribe in the light
of the Member's circumstances. (h) The Organization may, if it deems such
action necessary in exceptional circumstances,
make representations to any Member entitled to
take action under the provisions of sub-paragraph
(c) that conditions are favourable for the termina-
tion of any particular deviation from the provisions
of Article 22, or for the general abandonment of
deviations, under the provisions of that sub-para-
graph. After March 1, 1952, the Organization may
make such representations, in exceptional circum-
stances, to any Member entitled to take action
under Annex K. The Member shall be given a suit-
able time to reply to such representations. If the
Organization finds that the Member persists in
unjustifiable deviation from the provisions of Article
22. the Member shall, within sixty days, limit or
terminate such deviations as the Organizai on may
specify.
2. Whether or not its transitional period arrange-
ments have terminated pursuant to paragraph 1 (f),
a Member which is applying import restrictions
under Article 21 may, with the consent of the
Organization, temporarily deviate from the pre-
visions of Article 22 in respect of a small part of
its external trade where the benefits to the Member
or Members concerned substantially outweigh any
injury which may result to the trade of other
Members.
3. The provisions of Article 22 shall not preclude
restrictions in accordance with the provisions of
Article 21 which either
(a) are applied against imports from other coun-
tries, but not as among themselves, by a
group of territories having a common quota
in the International Monetary Fund, on con-
dition that such restrictions are in all other
respects consistent with the provisions of
Article 22, or
(b) assist, in the period until December 31, 1951,
by measures not involving substantial de-
parture from the provisions of Article 22,
another country whose economy has been
disrupted by war.
4. A Member applying import restrictions under
Article 21 shall not be precluded by this Section
from applying measures to direct its exports in such
a manner as to increase its earnings of currencies
which it can use without deviation from the pro-
visions of Article 22.
5. A Member shall not be precluded by this Sec-
tion from applying quantitative restrictions
(a) having equivalent effect to exchange restric-
tions authorized under Section 3 (b) of
Article VII of the Articles of Agreement of
the International Monetary Fund; or
(b) under the preferential arrangements pro-
vided for in Annex A of this Charter, pending
the outcome of the negotiations referred to
therein.
Article 24
Relationship with the International Monetary Fund
and Exchange Arrangements
1. The Organization shall seek co-operation with
the International Monetary Fund to the end that
the Organization and the Fund may pursue a
co-ordinated policy with regard to exchange ques-
tions within the jurisdiction of the Fund and ques-
tions of quantitative restrictions and other trade
measures within the jurisdiction of the Organization.
2. In all cases in which the Organization is called
upon to consider or deal with problems concerning
monetary reserves, balance of payments or foreign
exchange arrangements, the Organization shall con-
sult fuliy with the Fund. In such consultation,
the Organization shall accept all findings of statis-
tical and other facts presented by the Fund relating
to foreign exchange, monetary reserves and balance
of payments, and shall accept the determination of
the Fund whether action by a Member with respect
to exchange matters is in accordance with the
Articles of Agreement of the International Monetary
Fund, or with the terms of a special exchange agree-
ment entered into between that Member and the
Organization pursuant to paragraph 6 of this Article.
When the Organization is examining a situation in
the light of the relevant considerations under all the
pertinent provisions of Article 21 for the purpose of
reaching its final decision in cases involving the
criteria set forth in paragraph 3 (a) of that Article,
it shall accept the determination of the Fund as
to what constitutes a serious decline in the Mem-
ber's monetary reserves, a very low level of its
monetary reserves or a reasonable rate of increase
in its monetary reserves, and as to the financial
aspects of other matters covered in consultation
in such cases.
3. The Organization shall seek agreement with
the Fund regarding procedures for consultation
under paragraph 2 of this Article. Any such agree-
ment, other than informal arrangements of a tem-
porary or administrative character, shall be subject
to confirmation by the Conference.
4. Members shall not, by exchange action, frus-
trate the intent of the provisions of this Section,
nor, by trade action, the intent of the provisions
of the Articles of Agreement of the International
Monetary Fund.
5. If the Organization considers, at any time,
that exchange restrictions on payments and trans-
fers in connection with imports are being applied
by a Member in a manner inconsistent with the
provisions of this Section with respect to quantita-
tive restrictions, it shall report thereon to the Fund. 6. (a) Any Member of the Organization which
is not a member of the Fund shall, within a time
to be determined by the Organization after con-
sultation with the Fund, become a member of the
Fund or, failing that, enter into a special exchange
agreement with the Organization. A Member of the
Organization which ceases to be a member of the
Fund shall forthwith enter into a special exchange
agreement with the Organization. Any special ex-
change agreement entered into by a Member under
this sub-paragraph shall thereupon become part of
Its obligations under this Charter.
(b) Any such agreement shall provide to the
satisfaction of the Organization that the objectives
of this Charter will not be frustrated as a result of
action with respect to exchange matters by the
Member in question.
(c) Any such agreement shall not impose obliga-
tions on the Member with respect to exchange
matters generally more restrictive than those im-
posed by the Articles of Agreement of the Inter-
national Monetary Fund on members of the Fund.
(d) No Member shall be required to enter into
any such agreement so long as it uses solely the
currency of another Member and so long as neither
the Member nor the country whose currency is
being used maintains exchange restrictions. Never-
theless, if the Organization at any time considers
that the absence of a special exchange agreement
may be permitting action which tends to frustrate
the purposes of any of the provisions of this Charter,
it may require the Member to enter into a special
exchange agreement in accordance with the pro-
visions of this paragraph. A Member of the Organ-
ization which is not a member of the Fund and
which has not entered into a special exchange
agreement may be required at any time to consult
with the Organization on any exchange problem.
7. A Member which is not a member of the Fund,
whether or not it has entered into a special exchange
agreement, shall furnish such information within
the general scope of Section 5 of Article VIII of
the Articles of Agreement of the International Mone-
tary Fund as the Organization may require in order
to carry out its functions under this Charter.
8. Nothing in this Section shall preclude:
(a) the use by a Member of exchange controls
or exchange restrictions in accordance with
the Articles of Agreement of the Interna-
tional Monetary Fund or with that Member's
special exchange agreement with the Organ-
ization, or
(b) the use by a Member of restrictions or con-
trols on imports or exports, the sole effect
of which, in addition to the effects permitted
under Articles 20, 21, 22 and 23, is to make
effective such exchange controls or ex-
change restrictions.
SECTION C - SUBSIDIES
Article 25
Subsidies in General
If any Member grants or maintains any subsidy,
including any form of income or price support,
which operates directly or indirectly to maintain
or increase exports of any product from, or to
reduce, or prevent an increase in, imports of any
product into, its territory, the Member shall notify
the Organization in writing of the extent and nature
of the subsidization, of the estimated effect of the
subsidization on the quantity of the affected product
or products imported into or exported from its
territory and of the circumstances making the
subsidization necessary. In any case in which a
Member considers that serious prejudice to its
interests is caused or threatened by any such sub-
sidization, the Member granting the subsidy shall,
upon request, discuss with the other Member or
Members concerned, or with the Organization, the
possibility of limiting the subsidization.
Article 26
Additional Provisions on Export Subsidies
1. No Member shall grant, directly or indirectly,
any subsidy on the export of any product, or
establish or maintain any other system, which
subsidy or system results in the sale of such product
for export at a price lower than the comparable
price charged for the like product to buyers in the
domestic market, due allowance being made for
differences in the conditions and terms of sale, for
differences in taxation, and for other differences
affecting price comparability.
2. The exemption of exported products from
duties or taxes imposed in respect of like products
when consumed domestically, or the remission of
such duties or taxes in amounts not in excess of
those which have accrued, shall not be deemed to
be in conflict with the provisions of paragraph 1.
The use of the proceeds of such duties or taxes to
make payments to domestic producers in general
of those products shall be considered as a case
under Article 25.
3. Members shall give effect to the provisions
of paragraph 1 at the earliest practicable date but
not later than two years from the day on which
this Charter enters into force. If any Member con-
siders itself unable to do so in respect of any
particular product or products, it shall, at least three
months before the expiration of such period, give
notice in writing to the Organization, requesting a
specific extension of the period. Such notice shall be
accompanied by a full analysis of the system in
question and the circumstances justifying it. The
Organization shall then determine whether the
extension requested should be made and, if so, on
what terms. 4. Notwithstanding the provisions of paragraph
1, any Member may subsidize the exports of any
product to the extent and for such time as may be
necessary to offset a subsidy granted by a non-
Member affecting the Member's exports of the
product. However, the Member shall, upon the
request of the Organization or of any other Member
which considers that its interests are seriously
prejudiced by such action, consult with the Orga-
nization or with that Member, as appropriate, with
a view to reaching a satisfactory adjustment of
the matter.
Article 27
Special Treatment of Primary Commodities
1. A system for the stabilization of the domestic
price or of the return to domestic producers oL a
primary commodity, independently of the move-
ments of export prices, which results at times in
the sale of the commodity for export at a price
lower than the comparable price charged for the
like commodity to buyers in the domestic market,
shall be considered not to involve a subsidy on
export within the meaning of paragraph 1 of Article
26, if the Organization determines that
(a) the system has also resulted, or is so
designed as to result, in the sale of the
commodity for export at a price higher than
the comparable price charged for the like
commodity to buyers in the domestic mar-
ket; and
(b) the system is so operated, or is designed
so to operate, either because of the effective
regulation of production or otherwise, as not
to stimulate exports unduly or otherwise
seriously prejudice the interests of other
Members.
2. Any Member granting a subsidy in respect of
a primary commodity shall co-operate at all times
in efforts to negotiate agreements, under the pro-
cedures set forth In Chapter VI, with regard to that
commodity.
3. In any case involving a primary commodity,
if a Member considers that its interests would be
seriously prejudiced by compliance with the provi-
sions of Article 26, or If a Member considers that
its interests are seriously prejudiced by the granting
of any form' of subsidy, the procedures set forth
in Chapter VI may be followed. The Member which
considers that its interests are thus seriously preju-
diced shall, however, be exempt provisionally from
the requirements of paragraphs 1 and 3 of Article
26 in respect of that commodity, but shall be subject
to the provisions of Article 28.
4. No Member shall grant a new subsidy or
Increase an existing subsidy affecting the export
of a primary commodity, during a commodity con-
ference called for the purpose of negotiating an
Inter-governmental control agreement for the com-
modity concerned unless the Organization concurs,
in which case such new or additional subsidy shall
be subject to the provisions of Article 28.
5. If the measures provided for In Chapter VI
have not succeeded, or do not promise to succeed,
within a reasonable period of time, or if the cou-
clusion of a commodity agreement is not an appro-
priate solution, any Member which considers that
its Interests are seriously prejudiced shall not be
subject to the requirements of paragraphs 1 and 3
of Article 26 in respect of that commodity, but shall
be subject to the provisions of Article 28.
Article 28
Undertaking regarding Stimulation of
Exports of Primary Commodities
1. Any Member granting any form of subsidy,
which operates directly or indirectly to maintain
or increase the export of any primary commodity
from its territory, shall not apply the subsidy in
such a way as to have the effect of maintaining or
acquiring for that Member more than an equitable
share of world trade in that commodity.
2. As required under the provisions of Article 25,
the Member granting such subsidy shall promptly
notify the Organization of the extent and nature
of the subsidization, of the estimated effect of the
subsidization on the quantity of the affected com-
modity exported from its territory, and of the cir-
cumstances making the subsidization necessary.
The Member shall promptly consult with any other
Member which considers that serious prejudice to
its interests is caused or threatened by the subsidi-
zation.
3. If, within a reasonable period of time, no
agreement is reached in such consultation, the
Organization shall determine what constitutes an
equitable share of world trade in the commodity
concerned and the Member granting the subsidy
shall conform to this determination.
4. In making the determination referred to in
paragraph 3, the Organization shall take into
account any factors which may have affected or
may be affecting world trade in the commodity
concerned, and shall have particular regard to:
(a) the Member country's share of world trade
in the commodity during a previous repre-
sentative period;
(b) whether the Member country's share of
world trade In the commodity is so small
that the effect of the subsidy on such trade is
likely to be of minor significance;
(c) the degree of importance of the external
trade in the commodity to the economy of
the Member country granting, and to the
economies of the Member countries ma-
terially affected by, the subsidy;
(d) the existence of price stabilization systems
conforming to the provisions of paragraph 1
of Article 27;
(e) the desirability of facilitating the gradual
expansion of production for export In those
areas able to satisfy world market require-
ments of the commodity concerned in the
most effective and economic manner, and
therefore of limiting any subsidies or othe.-
measures which make that expansion diffi-
cult.
(ii) trading enterprises mainly or wholly
2. For the purposes of this Chapter SECTION D - STATE TRADING AND RELATED MATTERS
Article 29
Article 31
Non-discriminatory Treatment
1. (a) Each Member undertakes that if it es-
tablishes or maintains a state enterprise, wherever
located, or grants to any enterprise, formally or in
effect, exclusive or special privileges, such enter-
prise shall, in its purchases and sales involving either
imports or exports, act in a manner consistent with
the general principles of non-discriminatory treat-
ment prescribed in this Charter for governmental
measures affecting imports or exports by private
traders.
(b) The provisions of sub-paragraph (a) shall
be understood to require that such enterprises shall,
having due 'regard to the other provisions of this
Charter, make any such purchases or sales solely
in accordance with commercial considerations, in-
cluding price, quality, availability, marketability,
transportation and other conditions of purchase or
sale, and shall afford the enterprises of the other
Member countries adequate opportunity, in accord-
ance with customary business practice, to compete
for participation In such purchases or sales.
(c) No Member shall prevent any enterprise
(whether or not an enterprise described in sub-
paragraph (a)) under its jurisdiction from acting
in accordance with the principles of sub-paragraphs
(a) and (b).
2. The provisions of paragraph 1 shall not apply
to imports of products purchased for governmental
purposes and not with a view to commercial resale
or with a view to use in the production of goods
for commercial sale. With respect to such imports,
and with respect to the laws, regulations and
requirements referred to in paragraph 8 (a) of
Article 18, each Member shall accord to the trade
of the other Members fair and equitable treatment.
Article 30
Marketing Organizations
If a Member establishes or maintains a. marketing
board, commission or similar organization, the
Member shall be subject:
(a) with respect to purchases or sales by any
such organization, to the provisions of
paragraph 1 of Article 29;
(b) with respect to any Tegulations of any such
organization governing the operations of
private enterprises, to the other relevant
provisions of this Charter. Article 31
Expansion of Trade
1. If a Member establishes, maintains or author-
izes, formally or in effect, a monopoly of the im-
portation or exportation of any product, the Member
shall, upon the request of any other Member or
Members having a substantial interest in trade with
it in the product concerned, negotiate with such
other Member or Members in the manner provided
for under Article 17 in respect of tariffs, and subject
to all the provisions of this Charter with respect
to such tariff negotiations, with the object of
achieving:
(a) in the case of an export monopoly, arrange-
ments designed to limit or reduce any pro-
tection that might be afforded through the
operation of the monopoly to domestic users
of the monopolized product, or designed to
assure exports of the monopolized product
in adequate quantities at reasonable prices;
(b) in the case of an import monopoly, arrange-
ments designed to limit or reduce any pro-
tection that might be afforded through the
operation of the monopoly to domestic
producers of the monopolized product, or
designed to relax any limitation on imports
which is comparable with a limitation made
subject to negotiation under other provisions
of this Chapter.
2. In order to satisfy the requirements of para-
graph 1 (b), the Member establishing, maintaining
or authorizing a monopoly shall negotiate:
(a) for the establishment of the maximum im-
port duty that may be applied in respect of
the product concerned; or
(b) for any other mutually satisfactory arrange-
ment consistent with the provisions of this
Charter, if it is evident to the negotiating
parties that to negotiate a maximum import
duty under sub-paragraph (a) of this para-
graph is impracticable or would be ineffec-
tive for the achievement of the objectives of
paragraph 1; any Member entering into
negotiations under this sub-paragraph shall
afford to other Interested Members an oppor-
tunity for consultation.
3. In any case in which a maximum import
duty is not negotiated under paragraph 2 (a), the
Member establishing, maintaining or authorizing
the import monopoly shall make public, or notify the
Organization of, the maximum import duty which
it will apply in respect of the product concerned.
CF DT - VI 4. The import duty negotiated under paragraph
2, or made public or notified to the Organization
under paragraph 3, shall represent the maximum
margin by which the price charged by the import
monopoly for the imported product (exclusive of
internal taxes conforming to the provisions of
Article 18, transportation, distribution and other
expenses incident to the purchase, sale or further
processing, and a reasonable margin of profit) may
exceed the landed cost; Provided that regard may
be had to average landed costs and selling prices
over recent periods; and Provided further that,
where the product concerned is a primary com-
modity which is the subject of a domestic price
stabilization arrangement, provision may be made
for adjustment to take account of wide fluctuations
or variations in world prices, subject where a maxi-
mum duty has been negotiated to agreement be-
tween the countries parties to the negotiations.
5. With regard to any product to which the
provisions of this Article apply, the monopoly shall,
wherever this principle can be effectively applied
and subject to the other provisions of this Charter,
import and offer for sale such quantities of the
product as will be sufficient to satisfy the full
domestic demand for the imported product, account
being taken of any rationing to consumers of the
imported and like domestic product which may be
in force at that time.
6. In applying the provisions of this Article, due
regard shall be had for the fact that some mono-
polies are established and operated mainly for social,
cultural, humanitarian or revenue purposes.
7. This Article shall not limit the use by Members
of any form of assistance to domestic producers
permitted by other provisions of this Charter.
Article 32
Liquidation of Non-commercial Stocks
1. If a Member holding stocks of any primary
commodity accumulated for non-commercial pur-
poses should liquidate such stocks, it shall carry out
the liquidation, as far as practicable, in a manner
that will avoid serious disturbance to world markets
for the commodity concerned.
2. Such Member shall:
(a) give not less than four months public notice
of its intention to liquidate such stocks; or
(b) give not less than four months prior notice
to the Organization of such intention.
3. Such Member shall, at the request of any
Member which considers itself substantially inter-
ested, consult as to the best means of avoiding
substantial injury to the economic interests of pro-
ducers and consumers of the primary commodity
in question. In cases where the interests of several
Members might be substantially affected, the Organ-
ization may participate in the consultations, and
the Member holding the stocks shall give due con-
sideration to its recommendations.
4. The provisions of paragraphs 2 and 3 shall
not apply to routine disposal of supplies necessary
for the rotation of stocks to avoid deterioration.
SECTION E -GENERAL COMMERCIAL PROVISIONS
Article 33
Freedom of Transit
1. Goods (including baggage), and also vessels
and other means of transport, shall be deemed to
be in transit across the territory of a Member
country, when the passage across such terri-
tory, with or without trans-shipment, warehousing,
breaking bulk or change in the mode of transport,
is only a portion of a complete journey beginning
and terminating beyond the frontier of the Member
country across whose territory the traffic passes.
Traffic of this nature is termed in this Article
"traffic in transit".
2. There shall be freedom of transit through each
Member country, via the routes most convenient
for international transit, for traffic in transit to or
from other Member countries. No distinction shall
3. The study group shall promptly investigate
be made which is based on the flag of vessels, the
place of origin, departure, entry, exit or destination,
or on any circumstances relating to the ownership
of goods, of vessels or of other means of transport.
3. Any Member may require that traffic in transit
through its territory be entered at the proper custom
house, but, except in cases of failure to comply with
applicable customs laws and regulations, such
traffic coming from or going to other Member coun-
tries shall not be subject to any unnecessary delays
or restrictions and shall be exempt from customs
duties and from all transit duties or other charges
imposed in respect of transit, except charges com-
mensurate with administrative expenses entailed by
transit or with the cost of services rendered.
4. All charges and regulations imposed by Mem-
bers on traffic in transit to or from other Member
countries shall be reasonable, having regard to the
conditions of the traffic.
(c) Under such agreements there shall be e ui- 5. With respect to all charges, regulations and
formalities in connection with transit, each Member
shall accord to traffic in transit to or from any
other Member country treatment no less favourable
than the treatment accorded to traffic in transit
to or from any third country.
6. The Organization may undertake studies,
make recommendations and promote international
agreement relating to the simplification of customs
regulations concerning traffic in transit, the equi-
table use of facilities required for such transit and
other measures designed to promote the objectives
of this Article. Members shall co-operate with each
other directly and through the Organization to
this end.
7. Each Member shall accord to goods which
have been in transit through any other Member
country treatment no less favourable than that
which would have been accorded to such goods had
they been transported from their place of origin
to their destination without going through such
other Member country. Any Member shall, however,
be free to maintain its requirements of direct con-
signment existing on the date of this Charter, in
respect of any goods in regard to which such direct
consignment is a requisite condition of eligibility
for entry of the goods at preferential rates of duty
or has relation to the Member's prescribed method
of valuation for customs purposes.
8. The provisions of this Article shall not apply
to the operation of aircraft in transit, but shall
apply to air transit of goods (including baggage).
Article 34
Anti-dumping and Countervailing Duties
1. The Members recognize that dumping, by
which products of one country are introduced into
the commerce of another country at less than the
normal value of the products, is to be condemned
if it causes or threatens material injury to an
established industry in a Member country or ma-
terially retards the establishment of a domestic
industry. For the purposes of this Article, a product
is to be considered as being introduced into the
commerce of an importing country at less than its
normal value, if the price of the product exported
from one country to another
(a) is less than the comparable price, in the
ordinary course of trade, for the like product
when destined for consumption in the ex-
porting country, or,
(b) in the absence of such domestic price, is
less than either
(i) the highest comparable price for the
like product for export to any third
country in the ordinary course of trade,
or
(ii) the cost of production of the product
in the 'country of origin plus a reason-
able addition for selling cost and profit.
Due allowance shall be made in each case for
differences in conditions and terms of sale, for
differences in taxation, and for other differences
affecting price comparability.
2. In order to offset or prevent dumping, a Mem-
ber may levy on any dumped product an anti-
dumping duty not greater in amount than the
margin of dumping in respect of such product. For
the purposes of this Article, the margin of dumping
is the price difference determined in accordance
with the provisions of paragraph 1.
3. No countervailing duty shall be levied on any
product of any Member country imported into
another Member country in excess of an amount
equal to the estimated bounty or subsidy determined
to have been granted. directly or indirectly, on the
manufacture, production or export of such product
in the country of origin or exportation, including
any special subsidy to the transportation of a
particular product. The term "countervailing duty"
shall be understood to mean a special duty levied
for the purpose of offsetting any bounty or subsidy
bestowed, directly or indirectly, upon the manufac-
ture, production or export of any merchandise.
4. No product of any Member country imported
into any other Member country shall be subject to
anti-dumping or countervailing duty by reason of
the exemption of such product from duties or taxes
borne by the like product when destined for con-
sumption in the country of origin or exportation,
or by reason of the refund of such duties or taxes.
5. No product of any Member country imported
into any other Member country shall be subject to
both anti-dumping and countervailing duties to
compensate for the same situation of dumping or
export subsidization.
6. No Member shall levy any anti-dumping or
countervailing duty on the importation of any
product of another Member country unless it deter-
mines that the effect of the dumping or subsidiza-
tion, as the case may be, is such as to cause or
threaten material injury to an established domestic
industry, or is such as to retard materially the
establishment of a domestic industry. The Or-
ganization may waive the requirements of this
paragraph so as to permit a Member to levy an
anti-dumping or countervailing duty on the impor-
tation of any product for the purpose of offsetting
dumping or subsidization which causes or threatens
material injury to an industry in another Member
country exporting the product concerned to the
importing Member country.
(b) Other inter-governmental commodity agree-
ditions contemplated are in accordance with e it above a specified higher level.
11
7. A system for the stabilization of the domestic
price or of the return to domestic producers of a
primary commodity, Independently of the move-
ments of export prices, which results at times in
the sale of the commodity for export at a price
lower than the comparable price charged for the
like commodity to buyers in the domestic market,
shall be presumed not to result in material injury
within the meaning of paragraph 6 if it is determined
by consultation among the Members substantially
Interested in the commodity concerned that:
(a) the system has also resulted in the sale of
the commodity for export at a price higher
than the comparable price charged for the
like commodity to buyers in the domestic
market, and
(b) the system is so operated, either because
of the effective regulation of production, or
otherwise, as not to stimulate exports unduly
or otherwise seriously prejudice the interests
of other Members.
Article -35
Valuation for Customs Purposes
1. The Members shall work toward the stand-
ardization, as far as practicable, of definitions of
value and of procedures for determining the value
of products subject to customs duties or other
charges or restrictions based upon or regulated in
any manner by value. With a view to furthering
co-operation to this end, the Organization may study
and recommend to Members such bases and methods
for determining value for customs purposes as
would appear best suited to the needs of commerce
and most capable of general adoption.
2. The Members recognize the validity of the
general principles of valuation set forth in para-
graphs 3, 4 and 5, and they undertake to give effect,
at the earliest practicable date, to these principles
in respect of all products subject to duties or other
charges or restrictions on importation based upon
or regulated in any manner by value. Moreover,
they shall, upon a request by another Member
directly affected, review in the light of these prin.
ciples the operation of any of their laws or regula-
tions relating to value for customs purposes. The
Organization may request from Members reports on
steps taken by them in pursuance of the provisions
of this Article.
3. (a) The value for customs purposes of Im-
ported merchandise should be based on the actual
value of the imported merchandise on which duty
is assessed, or of like merchandise, and should not
be based on the value of merchandise of national
origin or on arbitrary or fictitious values.
(b) "Actual value" should be the price at which,
at a time and place determined by the legislation
of the country of importation, and in the ordinary
course of trade, such or like merchandise is sold or
offered for sale under fully competitive conditions.
To the extent to which the price of such or like
merchandise is governed by the quantity in a
particular transaction, the price to be considered
should uniformly be related to either (i) comparable
quantities, or (ii) quantities not less favourable to
importers than those in which the greater volume
of the merchandise is sold in the trade between the
countries of exportation and importation.
(c) When the actual value is not ascertainable
in accordance with sub-paragraph (b), the value
for customs purposes should be based on the nearest
ascertainable equivalent of such value.
4. The value for customs purposes of any im-
ported product should not include the amount of
any internal tax, applicable within the country of
origin or export, from which the imported product
has been exempted or has been or will be relieved
by means of refund.
5. (a) Except as otherwise provided in this
paragraph, where it is necessary for the purposes
of paragraph 3 for a Member to convert Into Its
own currency a price expressed in the currency of
another country, the conversion rate of exchange
to be used shall be based on the par values of the
currencies involved, as established pursuant to the
Articles of Agreement of the International Monetary
Fund or by special exchange agreements entered
into pursuant to Article 24 of this Charter.
(b) Where no such par value has been estab-
lished, the conversion rate shall reflect effectively
the current value of such currency in commercial
transactions.
(c) The Organization, in agreement with the
International Monetary Fund, shall formulate rules
governing the conversion bi- Members of any foreign
currency In respect of which multiple rates of
exchange are maintained consistently with the
Articles of Agreement of the International Monetary
Fund. Any Member may apply such rules in respect
of such foreign currencies for the purposes of
paragraph 3 of this Article as an alternative to the
use of par values. Until such rules are adopted by
the Organization, any Member may employ, in
respect of any such foreign currency, rules of con-
version for the purposes of paragraph 3 of this
Article which are designed to reflect effectively
the value of such foreign currency in commercial
transactions.
6. Nothing in this Article shall be -construed to
require any Member to alter the method of con-
verting currencies for customs purposes which is
applicable In its territory on the date of this Charter,
if such alteration would have the effect of increas-
ing generally the amounts of duty payable.
15. 7. The bases and methods for determining the
value of products subject to duties or other charges
or restrictions based .upon or regulated in any
manner by value should be stable and should be
given sufficient publicity to enable traders to esti-
mate, with a reasonable degree of certainty, the
value for customs purposes.
Article 36
Formalities connected with Importation
and Exportation
1. The Members recognize that all fees and
charges of whatever character (other than import
and export duties and other than taxes within the
purview of Article 18) imposed by governmental
authorities on or in connection with importation
or exportation should be limited in amount to the
approximate cost of services rendered and should
not represent an indirect protection to domestic
products or a taxation of imports or exports for
fiscal purposes. The Members also recognize the
need for reducing the number and diversity of such
fees and charges, for minimizing the incidence and
complexity of import and export formalities, and
for decreasing and simplifying import and export
documentation requirements.
2. The Members shall take action in accordance
with the principles and objectives of paragraph 1
at the earliest practicable date. Moreover, they
shall, upon request by another Member directly
affected, review the operation of any of their laws
and regulations in the light of these principles. The
Organization may request from Members reports
on steps taken by them in pursuance of the pro-
visions of this paragraph.
3. The provisions of paragraphs 1 and 2 shall
extend to fees, charges, formalities and requirements
imposed by governmental authorities in connection
with importation and exportation, including those
relating to:
(a) consular transactions, such as those relating
to consular invoices and certificates;
(b) quantitative restrictions;
(c) licensing;
(d) exchange control;
(e) statistical services;
(f) documents, documentation and certification;
(g) analysis and inspection; and
(h) quarantine, sanitation and fumigation.
4. The Organization may study and recommend
to Members specific measures for the simplification
and standardization of customs formalities and tech-
niques and for the elimination of unnecessary cus-
toms requirements, including those relating to
advertising matter and samples for use only In
taking orders for merchandise.
5. No Member shall impose substantial penalties
for minor breaches of customs regulations or
procedural requirements. In particular, no penalty
in respect of any omission or mistake in customs
documentation which is easily rectifiable and ob-
viously made without fraudulent intent or gross
negligence shall be greater than necessary to serve
merely as a warning.
6. The Members recognize that tariff descriptions
based on distinctive regional or geographical names
should not be used in such a manner as to discri-
minate against products of Member countries.
Accordingly, the Members shall co-operate with
each other directly and through the Organization
with a view to eliminating at the earliest practicable
date practices which are inconsistent with this
principle.
Article 37
Marks of Origin
1. The Members recognize that, in adopting and
implementing laws and regulations relating to
marks of origin, the difficulties and Inconveniences
which such measures may cause to the commerce
and industry of exporting countries should be
reduced to a minimum.
2. Each Member shall accord to the products of
each other Member country treatment with regard
to marking requirements no less favourable than
the treatment accorded to like products of any third
country.
3. Whenever it is administratively practicable to
do so, Members should permit required marks of
origin to be affixed at the time of importation.
4. The laws and regulations of Members relating
to the marking of imported products shall be such
as to permit compliance without seriously damaging
the products or materially reducing their value or
unreasonably increasing their cost.
5. The Members agree to work in co-operation
through the Organization towards the early elimi-
nation of unnecessary marking requirements. The
Organization may study and recommend to Mem-
bers measures directed to this end, including the
adoption of schedules of general categories of
products, in respect of which marking requirements
operate to restrict trade to an extent disproportion-
ate to any proper purpose to be served, and which
shall not in any case be required to be marked to
indicate their origin.
2. 11 principles set forth in paragraph 1.
6. As a general rule no special duty or penalty
should be imposed by any Member for failure to
comply with marking requirements prior to impor-
tation unless corrective marking is unreasonably
delayed or deceptive marks have been affixed or the
required marking has been intentionally omitted.
7. The Members shall co-operate with each other
directly and through the Organization with a view
to preventing the use of trade names in such manner
as to misrepresent the true origin of a product, to
the detriment of the distinctive regional or geogra-
phical names of products of a Member country
which are protected by the legislation of such
country. Each Member shall accord full and sym-
pathetic consideration to such requests or represen-
tations as may be made by any other Member
regarding the application of the undertaking set
forth in the preceding sentence to names of products
which have been communicated to it by the other
Member. The Organization may recommend a
conference of interested Members on this subject.
Article 38
Publication and Administration of Trade
Regulations
1 Laws, regulations, judicial decisions and ad-
ministrative rulings of general application made
effective by any Member, pertaining to the classifi-
cation or the valuation of products for customs
purposes, or to rates of duty, taxes or other charges,
or to requirements, restrictions or prohibitions on
imports or exports or on the transfer of payments
therefor, or affecting their sale, distribution, trans-
portation, insurance, warehousing, inspection, exhib-
ition, processing, mixing or other use, shall be
published promptly in such a manner as to enable
governments and traders to become acquainted with
them. Agreements affecting international trade
policy which are in force between the government
or governmental agency of any Member country
and the government or governmental agency of any
other country shall also be published. Copies of
such laws, regulations, decisions, rulings and agree-
ments shall be communicated promptly to the Or-
ganization. The provisions of this paragraph shall
not require any Member to divulge confidential
information the disclosure of which would impede
law enforcement or otherwise be contrary to the
public interest or would prejudice the legitimate
commercial interests of particular enterprises,
public or private.
2. No measure of general application taken by
any Member effecting an advance in a rate of duty
or other charge on imports under an established
and uniform practice or imposing a new or more
burdensome requirement, restriction or prohibition
or the equivalent thereof.
on imports, or on the transfer of payments therefor,
shall be enforced before such measure has been
officially made public
3. (a) Each Member shall administer in a uni-
form, impartial, and reasonable manner all its laws,
regulations, decisions and rulings of ..the kind
described in paragraph 1. Suitable facilities shall
be afforded for traders directly affected by any of
those matters to consult with the appropriate
governmental authorities.
(b) Each Member shall maintain, or institute as
soon as practicable, judicial, arbitral or adminis-
trative tribunals or procedures for the purpose,
inter alia, of the prompt review and correction of
administrative action relating to customs matters.
Such tribunals or procedures shall be independent
of the agencies entrusted with administrative en-
forcement and their decisions shall be implemented
by, and shall govern the practice of, such agencies
unless an appeal is lodged with a court or tribunal
of superior jurisdiction within the time prescribed
for appeals to be lodged by importers; Provided
that the central administration of such agency may
take steps to obtain a review of the matter in
another proceeding if there is good cause to believe
that the decision is inconsistent with established
principles of law or the actual facts.
(c) The provisions of sub-paragraph (b) shall
not require the elimination or substitution of pro-
cedures in force in a Member country on the date
of this Charter which in fact provide for an objective
and impartial review of administrative action, even
though such procedures are not fully or formally
independent of the agencies entrusted with admi-
nistrative enforcement. Any Member employing
such procedures shall, upon request, furnish the
Organization with full information thereon in order
that the Organization may determine whether such
procedures conform to the requirements of this
sub-paragraph.
Article 39
Information, Statistics and Trade Terminology
1. The Members shall communicate to the Or-
ganization, or to such agency as may be designated
for the purpose by the Organization, as promptly
and in as much detail as is reasonably practicable:
(a) statistics of their external trade in goods
(imports, exports and, where applicable,
re-exports, transit and trans-shipment and
goods in warehouse or in bond);
(b) statistics of governmental revenue from
import and export duties and other taxes on
goods moving in international trade and,
in so far as readily ascertainable, of subsidy
payments affecting such trade.
CHAPTER VII e domestic product, or, If there is
2. So far as possible, the statistics referred to
in paragraph 1 shall be related to tariff classifica-
tions and shall be in such form as to reveal the
operation of any restrictions on importation or
exportation which are based on or regulated in any
manner by quantity or value or amounts of ex-
change made available.
3. The Members shall publish regularly and as
promptly as possible the statistics referred to in
paragraph 1.
4. The Members shall give careful consideration
to any recommendations which the Organization
may make to them with a view to improving the
statistical information furnished under paragraph 1.
5. The Members shall make available to the
Organization, at its request and in so far as is rea-
sonably practicable, such other statistical informa-
tion as the Organization may deem necessary to
enable it to fulfil its functions, provided that such
information is not being furnished to other inter-
governmental organizations from which the Organ-
ization can obtain it.
6. The Organization shall act as a centre for the
collection, exchange and publication of statistical
information of the kind referred to in paragraph 1.
The Organization, in collaboration with the Eco-
nomic and Social Council of the United Nations,
and with any other organization deemed appropriate,
may engage in studies with a view to improving
the methods of collecting, analyzing and publishing
economic statistics and may promote the interna-
tional comparability of such statistics, including the
possible international adoption of standard tariff
and commodity classifications.
7. The Organization, in co-operation with the
other organizations referred to in paragraph 6, may
also study the question of adopting standards,
nomenclatures, terms and forms to be used in
international trade and in the official documents
and statistics of Members relating thereto, and may
recommend the general acceptance by Members of
such standards, nomenclatures, terms and forms.
SECTION F -SPECIAL PROVISIONS
Article 40
Emergency Action on Im~ports of Particular
Products
1. (a) If, as a result of unforeseen developments
and of the effect of the obligations incurred by a
Member under or pursuant to this Chapter, includ-
ing tariff concessions, any product is being imported
into the territory of that Member in such relatively
increased quantities and under such conditions as
to cause or threaten serious injury to domestic
producers in that territory of like or directly com-
petitive products, the Member shall be free, in
respect of such product, and to the extent and for
such time as may be necessary to prevent or remedy
such injury, to suspend the obligation in whole or
in part or to 'withdraw or modify the concession.
(b) If any product which is the subject of a
concession with respect to a preference is being
imported into the territory of a Member in the
circumstances set forth in sub-paragraph (a), so
as to cause or threaten serious njury to domestic
producers of like or directly competitive products
in the territory of a Member which receives or
received such preference, the importing Member
shall be free, if that other Member so requests, to
suspend the relevant obligation in whole or in part
or to withdraw or modify the concession in respect
of the product, to the extent and for such time as
2. Before any Member shall take action pursuant
to the provisions of paragraph 1, it shall give notice
in writing to the Organization as far in advance as
may be practicable and shall afford the Organization
and those Members having a substantial interest as
exporters of the product concerned an opportunity
to consult with it in respect of the proposed action.
When such notice is given in regard to a concession
relating to a preference, the notice shall name the
Member which has requested the action. In circum-
stances of special urgency, where delay would cause
damage which it would be difficult to repair, action
under paragraph 1 may be taken provisionally with-
out prior consultation, on the condition that con-
sultation shall be effected immediately after taking
such action.
3. (a) If agreement among the interested Mem-
bers with respect to the action is not reached, the
Member which proposes to take or continue the
action shall, nevertheless, be free to do so, and if
such action is taken or continued, the affected
Members shall then be free, not later than ninety
days after such action is taken, to suspend, upon
the expiration of thirty days from the day on which
written notice of such suspension is received by the
Organization. the application to the trade of the
Member taking such action, or, in the case envis-
aged in paragraph 1 (b), to the trade of the Mem-
ber requesting such action, of such substantially
equivalent obligations or concessions under or
pursuant to this Chapter the suspension of which
confidential: in in TT1nS tC On a sound and lasting basis.
(b) Notwithstanding the provisions of sub-para-
graph (a), where action is taken without prior con-
sultation under paragraph 2 and causes or threatens
serious injury in the territory of a Member to the
domestic producers of products affected by the
action, that Member shall, where delay would cause
damage difficult to repair, be free to suspend, upon
the taking of the action and throughout the period
of consultation, such obligations or concessions as
may be necessary to prevent or remedy the injury.
4. Nothing in this Article shall be construed
(a) to require any Member, in connection with
the withdrawal or modification by such
Member of any concession negotiated pur-
suant to Article 17, to consult with or obtain
the agreement of Members others than those
Members which are contracting parties to
the General Agreement on Tariffs and Trade,
or
(b) to authorize any Member which is not a
contracting party to that Agreement, to
withdraw from or suspend obligations under
this Charter by reason of the withdrawal or
modification of such concession.
Article 41
Consultation
Each Member shall accord sympathetic consid-
eration to, and shall afford adequate opportunity
for consultation regarding, such representations as
may be made by any other Member with respect
to the operation of customs regulations and for-
malities, anti-dumping and countervailing duties,
quantitative and exchange regulations, internal
price regulations, subsidies, transit regulations and
practices, state trading, sanitary laws and regula-
tions for the protection of human, animal or plant
life or health, and generally with respect to all
matters affecting the operation of this Chapter.
Article 42
Territorial Application of Chapter IV
1. The provisions of Chapter IV shall apply to
the metropolitan customs territories of the Mem-
bers and to any other customs territories in respect
of which this Charter has been accepted in accord-
ance with the provisions of Article 104. Each such
customs territory shall, exclusively for the purposes
of the territorial application of Chapter IV, be
treated as though it were a Member; Provided that
the provisions of this paragraph shall not be con-
strued to create any rights or obligations as between
two or more customs territories in respect of which
this Charter has been accepted by a single Member.
2. For the purposes of this Chapter a customs
territory shall be understood to mean any territory
with respect to which separate tariffs or other
regulations of commerce are maintained for a sub-
stantial part of the trade of such territory with other
territories.
Article 43
Frontier Traffic
The provisions of this Chapter shall not be con-
strued to prevent:
(a) advantages accorded by any Member to
adjacent countries in order to facilitate
frontier traffic;
(b) advantages accorded to the trade with the
Free Territory of Trieste by countries con-
tiguous to that territory, provided that such
advantages are not in conflict with the
Treaties of Peace arising out of the Second
World War.
Article 44
Customs Unions and Free-Trade Areas
1. Members recognize the desirability of in-
creasing freedom of trade by the development,
through voluntary agreements, of closer integration
between the economies of the countries parties to
such agreements. They also recognize that the
purpose of a customs union or free-trade area should
be to facilitate trade between the parties and not
to raise barriers to the trade of other Member coun-
tries with such parties.
2. Accordingly, the provisions of this Chapter
shall not prevent, as between the territories of
Members, the formation of a customs union or of
a free-trade area or the adoption of an interim
agreement necessary for the formation of a customs
union or of a free-trade area; Provided that:
(a) with respect to a customs union, or an
interim agreement leading to the formation
of a customs union, the duties and other
regulations of commerce imposed at the
institution of any such union or interim
agreement in respect of trade with Member
countries not parties to such union or
agreement shall not on the whole be higher
or more restrictive than the general inci-
dence of the duties and regulations of com-
merce applicable in the constituent terri-
tories prior to the formation of such union
or the adoption of such interim agreement,
as the case may be;
4. The or arter enters into force, the
Organization shall review all restrictions existing
(b) with respect to a free-trade area, or an in-
terim agreement leading to the formation
of a free-trade area, the duties and other
regulations of commerce maintained In each
of the constituent territories and applicable
at the formation of such free-trade area or
the adoption of such interim agreement to
the trade of Member countries not included
in such area or not parties to such agree-
ment shall not be higher or more restrictive
than the corresponding duties and other
regulations of commerce existing in the
same constituent territories prior to the
formation of the free-trade area, or interim
agreement, as the case may be; and
(c) any interim agreement referred to in sub-
paragraphs (a) or (b) shall include a plan
and schedule for the formation of such a
customs union or of such a free-trade area
within a reasonable length of time.
3. (a) Any Member deciding to enter into a
customs union or free-trade area, or an interim
agreement leading to the formation of such a union
or area, shall promptly notify the Organization and
shall make available to it such information regard-
ing the proposed union or area as will enable the
Organization to make such reports and recommen-
dations to Members as it may deem appropriate.
(b) If, after having studied the plan and sche-
dule provided for in an interim agreement referred
to in paragraph 2 in consultation with the parties
to that agreement and taking due account of the
information made available in accordance with the
provisions of sub-paragraph (a), the Organization
finds that such agreement is not likely to result
in the formation of a customs union or of a free-
trade area within the period contemplated by the
parties to the agreement or that such period is not
a reasonable one, the Organization shall make re-
commendations to the parties to the agreement.
The parties shall not maintain or put into force, as
the case may be, such agreement if they are not
prepared to modify it in accordance with these
recommendations.
(c) Any substantial change in the plan or sche-
dule referred to in paragraph 2 (c) shall be com-
municated to the Organization, which may request
the Members concerned to consult with it if the
change seems likely to jeopardize or delay unduly
the formation of the customs union or of the free-
trade area.
4. For the purposes of this Charter:
(a) a customs union shall be understood to
mean the substitution of a single customs
territory for two or more customs territories,
so that
(i) duties and other restrictive regulations
of commerce (except, where necessary,
make provision for the observance of the utmost
secrecy in the conduct of any consultation
those permitted under Section B of
Chapter IV and under Article 45) are
eliminated with respect to substantially
all the trade between the constituent
territories of the union or at least with
respect to substantially all the trade in
products originating in such territories,
and,
(ii) subject to the provisions of paragraph 5,
substantially the same duties and other
regulations of commerce are applied by
each of the members of the union to the
trade of territories not included in the
union;
(b) a free-trade area shall be understood to
mean a group of two or more customs terri-
tories in which the duties and other restric-
tive regulations of commerce (except, where
necessary, those permitted under Section B
of Chapter IV and under Article 45) are
eliminated on substantially all the trade be-
tween the constituent territories in products
originating in such territories.
5. The preferences referred to in paragraph 2
of Article 16 shall not be affected by the formation
of a customs union or of a free- trade area but may
be eliminated or adjusted by means of negotiations
with Members affected. This procedure of negotia-
tions with affected Members shall, in particular,
apply to the elimination of preferences required to
conform with the provisions of paragraph 4 (a) (i)
and paragraph 4 (b).
6. The Organization may, by a two-thirds major-
ity of the Members present and voting, approve
proposals which do not fully comply with the re-
quirements of the preceding paragraphs, provided
that such proposals lead to the formation of a
customs union or of a free-trade area in the sense
of this Article.
Article 45
General Exceptions to Chapter IV
1. Subject to the requirement that such measures
are not applied in a manner which would constitute
a means of arbitrary or unjustifiable discrimination
between Member countries where the same condi-
tions prevail, or a disguised restriction on inter-
national trade, nothing in this Chapter shall be
construed to prevent the adoption or enforcement
by any Member of measures
(a) (i) necessary to protect public morals;
(ii) necessary to the enforcement of laws
and regulations relating to public
safety;
(iii) necessary to protect human, animal
or plant life or health;
SECTION D - THE COMMISSIONS I e product snares of the total quantity or
value of imports of the product based upon
(iv) relating to the importation or exporta-
tion of gold or silver;
(v) necessary to secure compliance with
laws or regulations which are not
inconsistent with the provisions of
this Chapter, including those relating
to customs enforcement, the enforce-
ment of monopolies operated under
Section D of this Chapter, the protec-
tion of patents, trade marks and copy-
rights, and the prevention of deceptive
practices;
(vi) relating to the products of prison
labour;
(vii) imposed for the protection of national
treasures of artistic, historic or ar-
chaeological value;
(viii) relating to the conservation of ex-
haustible natural resources if such
measures are made effective in con-
junction with restrictions on domestic
production or consumption;
(ix) taken in pursuance of intergovern-
mental commodity agreements con-
cluded in accordance with the provi-
sions of Chapter VI;
(x) taken in pursuance of any inter-
governmental agreement which re-
lates solely to the conservation of
fisheries resources, migratory birds or
wild animals and which is subject to
the requirements of paragraph 1 (d)
of Article 70; or
(xi) involving restrictions on exports of
domestic materials necessary to assure
essential quantities of such materials
to a domestic processing industry
during periods when the domestic
price of such materials is held below
the world price as part of a govern-
mental stabilization plan; Provided
that such restrictions shall not operate
Member pursuant to this sub-paragraph shall be
acted upon promptly by the Organization.
to increase the exports of or the pro-
tection afforded to such domestic in-
dustry and shall not depart from the
provisions of this Chapter relating to
non-discrimination;
(b) (i) essential to the acquisition or distribu-
tion of products in general or local
short supply; Provided that any such
measures shall be consistent with any
general inter-governmental arrange-
ments directed to an equitable inter-
national distribution of such products
or, in the absence of such arrange-
ments, with the principle that all
Members are entitled to an equitable
share of the international supply of
such products;
(ii) essential to the control of prices by a
Member country experiencing short-
ages subsequent to the Second Wcrld
War; or
(iii) essential to the orderly liquidation of
temporary surpluses of stocks owned
or controlled by the government of
any Member country, or of industries
developed in any Member country
owing to the exigencies of the Second
World War which it would be uneco-
nomic to maintain in normal condi-
tions; Provided that such measures
shall not be instituted by any Member
except after consultation with other
interested Members with a view to
appropriate international action.
2. Measures instituted or maintained under para-
graph 1 (b) which are inconsistent with the other
provisions of this Chapter shall be removed as soon
as the conditions giving rise to them have ceased,
and in any event not later than at a date to be
specified by the Organization; Provided that such
date may be deferred for a further period or periods,
with the concurrence of the Organization, either
generally or in relation to particular measures taken
by Members in respect of particular products.
3. The Members recognize that the Organization
international in character. of of the Member's circumstances.
CHAPTER V
RESTRICTIVE BUSINESS PRACTICES
Article 46
General Policy towards Restrictive Business
Practices
1. Each Member shall take appropriate measures
and shall cc-operate with the Organization to
prevent, on the part of private or public com-
mercial enterprises, business practices affecting
international trade which restrain competition, limit
access to markets, or foster monopolistic control,
whenever such practices have harmful effects on
the expansion of production or trade and interfere
with the achievement of any of the other objectives
set forth in Article 1.
2. In order that the Organization may decide in
a particular instance whether a practice has or
is about to have the effect indicated in paragraph 1,
the Members agree, without limiting paragraph 1,
that complaints regarding any of the practices listed
in paragraph 3 shall be subject to investigation in
accordance with the procedure regarding complaints
provided for in Articles 48 and 50, whenever
(a) such a complaint is presented to the Organi-
zation, and
(b) the practice is engaged in, or made effective,
by one or more private or public commercial
enterprises or by any combination, agree-
ment or other arrangement between any
such enterprises, and
(c) such commercial enterprises, individually or
collectively, possess effective control of
trade among a number of countries in one
or more products.
3. The practices referred to in paragraph 2 are
the following:
(a) fixing prices, terms or conditions to be
observed in dealing with others in the pur-
chase, sale or lease of any product;
(b) excluding enterprises from, or allocating or
dividing, any territorial market or field of
business activity, or allocating customers,
or fixing sales quotas or purchase quotas;
(c) discriminating against particular enterprises;
(d) limiting production or fixing production
quotas;
(e) preventing by agreement the development
or application of technology or invention
whether patented or unpatented;
(I) extending the use of rights under patents,
trade marks or copyrights granted by any
Member to matters which, according to its
laws and regulations, are not within the
scope of such grants, or to products or
conditions of production, use or sale which
are likewise not the subjects of such grants;
(g) any similar practices which the Organization
may declare, by a majority of two-thirds of
the Members present and voting, to be
restrictive business practices.
Article 47
Consultation Procedure
Any affected Member which considers that in
any particular instance a practice exists (whether
engaged in by private or public commercial enter-
p: ises) which has or is about to have the effect
indicated in paragraph 1 of Article 46 may consult
other Members directly or request the Organization
to arrange for consultation with particular Members
with a view to reaching mutually satisfactory
conclusions. If requested by the Member and if it
considers such action to be justified, the Organiza-
tion shall arrange for and assist in such consultation.
Action under this Article shall be without prejudice
to the procedure provided for in Article 48.
Article 48
Investigation Procedure
1. In accordance with paragraphs 2 and 3 of
Article 46, any affected Member on its own behalf or
any Member on behalf of any affected person,
enterprise or organization within that Member's
jurisdiction, may present a written complaint to
the Organization that in any particular instance a
practice exists (whether engaged in by private or
public commercial enterprises) which has or is
about to have the effect indicated in paragraph 1
of Article 46; Provided that in the case of complaints
against a public commercial enterprise acting inde-
pendently of any other enterprise, such complaints
may be presented only by a Member on its own
behalf and only after the Member has resorted to
the procedure of Article 47.
2. The Organization shall prescribe the minimum
information to be included in complaints under this
Article. This information shall give substantial
indication of the nature and harmful effects of the
practices. therein tive restrictions, it shall report thereon to the Fund.
3. The Organization shall consider each com-
plaint presented in accordance with paragraph 1.
If the Organization deems it appropriate, it shall
request Members concerned to furnish supple-
mentary information, for example, information from
commercial enterprises within their jurisdiction.
After reviewing the relevant information, the Or-
ganization shall decide whether an investigation is
justified.
4. If the Organization decides that an investiga-
tion is justified, it shall inform all Members of the
complaint, request any Member to furnish such
additional information relevant to the complaint gs
the Organization may deem necessary, and shall
conduct or arrange for hearings on the complaint.
Any Member, and any person, enterprise or organ-
ization on whose behalf the complaint has been
made, as well as the commercial enterprises alleged
to have engaged in the practice complained of, shall
be afforded reasonable opportunity to be heard.
5. The Organization shall review all information
available and decide whether the conditions specified
in paragraphs 2 and 3 of Article 46 are present and
the practice in question has had, has or is about
to have the effect indicated in paragraph 1 of that
Article.
6. The Organization shall inform all Members
of its decision and the reasons therefor.
7. If the Organization decides that in any partic-
ular case the conditions specified in paragraphs 2
and 3 of Article 46 are present and that the practice
in question has had, has or is about to have the
effect indicated in paragraph 1 of that Article, it
shall request each Member concerned to take every
possible remedial action, and may also recommend
to the Members concerned remedial measures to
be carried out in accordance with their respective
laws and procedures.
8. The Organization may request any Member
concerned to report fully on the remedial action
it has taken in any particular case.
9. As soon as possible after its proceedings in
respect of any complaint under this Article have
been provisionally or finally closed, the Organiza-
tion shall prepare and publish a report showing
fully the decisions reached, the reasons therefore
and any measures recommended to the Members
concerned. The Organization shall not, if a Member
so requests, disclose confidential information fur-
nished by that Member, which if disclosed would
substantially damage the legitimate business inter-
ests of a commercial enterprise.
10. The Organization shall report to all Members
and make public the remedial action which has
been taker by the Members concerned in any
particular case.
5. The Executive Board may bring any matter,
referred to it under this Article, before the
Conference at any time during its consideration
of the
Article 49
Studies relating to Restrictive Business Practices
1. The Organization Is authorized:
(a) to conduct studies, either on its own initia-
tive or at the request of any Member or of
any organ of the United Nations or of any
other inter-governmental organization, rela-
ting to
(i) general aspects of restrictive business
practices affecting international trade;
(ii) conventions, laws and procedures con-
cerning, for example, incorporation,
company registration, investments, se-
curities, prices, markets, fair trade
practices, trade marks, copyrights, pat-
ents and the exchange and development
of technology in so far as they are rele-
vant to restrictive business practices
affecting international trade; and
(iii) the registration of restrictive business
agreements and other arrangements
affecting international trade; and
(b) to request information from Members in
connection with such studies.
2. The Organization is authorized:
(a) to make recommendations to Members con-
cerning such conventions, laws and proce-
dures as are relevant to their obligations
under this Chapter; and
(b) to arrange for conferences of Members to
discuss any matters relating to restrictive
business practices affecting international
trade.
Article 50
Obligations of Members
1. Each Member shall take all possible measures
by legislation or otherwise, in accordance with its
constitution or system of law and economic organ-
ization, to ensure, within its jurisdiction, that
private and public commercial enterprises do not
engage in practices which are as specified in
paragraphs 2 and 3 of Article 46 and have the effect
indicated in paragraph 1 of that Article, and it shall
assist the Organization in preventing these practices.
2. Each Member shall make adequate arrange-
ments for presenting complaints, conducting inves-
tigations and preparing information and reports
requested by the Organization.
shall become effective upon the expiration of sixty
days from the day on which such notice is received
by the Director-General.
therein. establish or maintain any other system, which
subsidy or system results in the sale of such product
3. Each Member shall furnish to the Organiza-
tion, as promptly and as fully as possible, such
information as is requested by the Organization for
its consideration and investigation of complaints
and for its conduct of studies under this Chapter;
Provided that any Member on notification to the
Organization, may withhold information which the
Member -considers is not essential to the Organiza-
tion in conducting an adequate investigation and
which, if disclosed, would substantially damage
the legitimate business interests of a commercial
enterprise. In notifying the Organization that it
is withholding information pursuant to this clause,
the Member shall indicate the general character of
the information withheld and the reason why it
considers it not essential.
4. Each Member shall take full account of each
request, decision and recommendation of the Organ-
ization under Article 48 and, in accordance with
its constitution or system of law and economic
organization, take in the particular case the action
it considers appropriate having regard to its obliga-
tions under this Chapter.
5. Each Member shall report fully any action
taken, independently or in concert with other
Members, to comply with the requests and carry
out the recommendations of the Organization and,
when no action has been taken, inform the Organ-
ization of the reasons therefor and discuss the
matter further with the Organization if it so
requests.
6. Each Member shall, at the request of the
Organization, take part in consultations and con-
ferences provided for in this Chapter with a view
to reaching mutually satisfactory conclusions.
Article 51
Co-operative Remedial Arrangements
1. Members may co-operate with each other for
the purpose of making more effective within their
respective jurisdictions any remedial measures taken
in furtherance of the objectives of this Chapter and
consistent with their obligations under other pro-
visions of this Charter.
2. Members shall keep the Organization informed
of any decision to participate in any such co-
operative action and of any measures taken.
Article 52
Domestic Measures against Restrictive Business
Practices
No act or omission to act on the part of the
Organization shall preclude any Member from
enforcing any national statute or decree directed
towards preventing monopoly or restraint of trade.
Article 53
Special Procedures with respect to Services
1. The -Members recognize that certain services,
such as transportation, telecommunications, insur-
ance and the commercial services of banks, are
extension requested should be made and, if so, on
what terms.
substantial elements of international trade and that
any restrictive business practices by enterprises
engaged in these activities in international trade
may have harmful effects similar to those indicated
in paragraph 1 of Article 46. Such practices shall
be dealt with in accordance with the following para-
graphs of this Article.
2. If any Member considers that there exist
restrictive business practices in relation to a service
referred to in paragraph 1 which have or are about
to have such harmful effects, and that its interests
are thereby seriously prejudiced, the Member may
submit a written statement explaining the situation
to the Member or Members whose private or public
enterprises are engaged in the services in question.
The Member or Members concerned shall give
sympathetic consideration to the statement and to
such proposals as may be made and shall afford
adequate opportunities for consultation, with a view
to effecting a satisfactory adjustment.
3. If no adjustment can be effected in. accordance
with the provisions of paragraph 2, and if the
matter is referred to the Organization, it shall be
transferred to the appropriate inter-governmental
organization, if one exists, with such observations
as the Organization may wish to make. If no such
inter-governmental organization exists, and if Mem-
bers so request, the Organization may, in accordance
with the provisions of paragraph 1 (c) of Article 72,
make recommendations for, and promote interna-
tional agreement on, measures designed to remedy
the particular situation so far as it comes within
the scope of this Charter.
4. The Organization shall, in accordance with
paragraph 1 of Article 87, co-operate with other
inter-governmental organizations in connection with.
restrictive business practices affecting any field
coming within the scope of this Charter and those
organizations shall be entitled to consult the
Organization, to seek advice, and to ask that a
study of a particular problem be made.
Article 54
Interpretation and Definition
1. The provisions of this Chapter shall be
construed with due regard for the rights and
obligations of Members set forth elsewhere in this
Charter and shall not therefore be so interpreted
as to prevent the adoption and enforcement of any
measures in so far as they are specifically permitted
under other Chapters of this Charter. The Organ-
ization may, however, make recommendations to
Members or to any appropriate inter-governmental
organization concerning any features of these
measures which may have the effect indicated in
paragraph 1 of Article 46.
CHAPTER IX 2. For the purposes of this Chapter
(a) the term "business practice" shall not be
so construed as to include an individual
contract between two parties as seller and
buyer, lessor and lessee, or principal and
agent, provided that such contract is not
used to restrain competition, limit access to
markets or foster monopolistic control;
(b) the term "public commercial enterprises"
means
(i) agencies of governments in so far as
they are engaged in trade, and
(ii) trading enterprises mainly or wholly
owned by public authority, provided the
Member concerned declares that for the
purposes of this Chapter It has effective
control over or assumes responsibility
for the enterprises;
(c) the term "private commercial enterprises"
means all commercial enterprises other than
public commercial enterprises;
(d) the terms "decide" and "decision" as used
in Articles 46, 48 (except in paragraphs
3 and 4) and 50 do not determine the
obligations of Members, but mean only that
the Organization reaches a conclusion. CHAPTER VI
INTER-GOVERNMENTAL COMMODITY AGREEMENTS
SECTION A-INTRODUCTORY CONSIDERATIONS
Article 55
Difficulties relating to Primary Commodities
The Members recognize that the conditions under
which some primary commodities are produced,
exchanged and consumed are such that interna-
tional trade in these commodities may be affected
by special difficulties such as the tendency towards
persistent disequilibrium between production and
consumption, the accumulation of burdensome
stocks and pronounced fluctuations in prices. These
special difficulties may have serious adverse effects
on the interests of producers and consumers, as
well as widespread repercussions jeopardizing the
general policy of economic expansion. The Members
recognize that such difficulties may, at times,
necessitate special treatment of the international
trade in such commodities through inter-govern-
mental agreement.
Article 56
Primary and Related Commodities
1. For the purposes of this Charter, the term
"primary commodity" means any product of farm,
forest or fishery or any mineral, in its natural form
or which has undergone such processing as is
customarily required to prepare it for marketing in
substantial volume in international trade.
2. The term shall also, for the purposes of this
Chapter, cover a group of commodities, of which
one is a primary commodity as defined in paragraph
1 and the others are commodities, which are so
closely related, as regards conditions of production
or utilization, to the other commodities in the group,
that it is appropriate to deal with them in a single
agreement.
3. If, in exceptional circumstances, the Or-
ganization finds that the conditions set forth in
Article 62 exist in the case of a commodity which
does not fall precisely under paragraphs 1 or 2
of this Article, the Organization may decide that
the provisions of this Chapter, together with any
other requirements it may establish, shall apply
to inter-governmental agreements regarding that
commodity.
Article 57
Objectives of Inter-governmental Commodity
Agreements
The Members recognize that inter-governmental
commodity agreements are appropriate for the
achievement of the following objectives:
(a) to prevent or alleviate the serious economic
difficulties which may arise when adjust-
ments between production and consumption
cannot be effected by normal market forces
alone as rapidly as the circumstances require;
(b) to provide, during the period which may be
necessary, a framework for the consideration
and development of measures which have as
their purpose economic adjustments designed
to promote the expansion of consumption or
a shift of resources and man-power out of
over-expanded industries into new and pro-
ductive occupations, including as far as
possible in appropriate cases, the develop-
ment of secondary industries based upon
domestic production of primary commodities;
(c) to prevent or moderate pronounced fluctua-
tions in the price of a primary commodity
with a view to achieving a reasonable degree
of stability on a basis of such prices as are
fair to consumers and provide a reasonable
return to producers, having regard to the
desirability of securing long-term equilib-
rium between the forces of supply and
demand;
(d) to maintain and develop the natural re-
sources of the world and protect them from
unnecessary exhaustion;
(e) to provide for the expansion of the produc-
tion of a primary commodity where this can
be accomplished with advantage to consu-
mers and producers, including in appropriate
cases the distribution of basic foods at
special prices;
(f) to assure the equitable distribution of a
primary commodity in short supply.
SECTION B - INTER-GOVERNMENTAL COMMODITY AGREEMENTS IN GENERAL
Aticle 58
Commodity Studies
1. Any Member which considers itself substan-
tially interested in the production or consumption
of, or trade in, a particular primary commodity, and
which considers that international trade in that
commodity is, or is likely to be, affected by special
difficulties, shall be entitled to ask that a study
of the commodity be made.
2. Unless the Organization decides that the case
put forward in support of the request does not
warrant such action, it shall promptly invite each
Member to appoint representatives to a study group
for the commodity, if the Member considers itself
substantially interested in the production or con-
sumption. of, or trade in, the commodity. Non-
Members may also be invited.
(b) If this Charter shall not have entered into
3. Each Member shall take such reasonable 3. The study group shall promptly investigate
the production, consumption and trade situation
in regard to the commodity, and shall report to the
participating governments and to the Organization
its findings and its recommendations as to how
best to deal with any special difficulties which exist
or may be expected to arise. The Organization shall
promptly transmit to the Members these findings
and recommendations.
Article 59
Commodity Conferences
1. The Organization shall promptly convene an
inter-governmental conference to discuss measures
designed to meet the special difficulties which exist
or are expected to arise concerning a particular
primary commodity:
(a) on the basis of the recommendations of a
study group, or
(b) at the request of Members whose interests
represent a significant part of world pro-
duction or consumption of, or trade in, that
commodity, or
(c) at the request of Members which consider
that their economies are dependent to an
important extent on that commodity, unless
the Organization considers that no useful
purpose could be achieved by convening the
conference, or
(d) on its own initiative, on the basis of infor-
mation agreed to be adequate by the Mem-
bers substantially interested in the produc-
tion or consumption of, or trade in, that
commodity.
2. Each Member which considers itself sustan-
tially interested in the production or consumption
of, or trade in, the commodity concerned, shall be
invited to participate in such a conference. Non-
Members may also be invited to participate.
Article 60
General Principles governing Commodity
Agreements
1. The Members shall observe the following
principles in the conclusion and operation of all
types of inter-governmental commodity agreements:
(a) Such agreements shall be open to participa-
tion, initially by any Member on terms no
less favourable than those accorded to any
other country, and thereafter in accordance
with such procedure and upon such terms
as may be established in the agreement,
subject to approval by the Organization.
(b) Non-Members may be invited by the Organ-
ization to participate in such agreements
and the provisions of sub-paragraph (a)
applying to Members shall also apply to any
non-Member so invited.
(c) Under such agreements there shall be equi-
table treatment as between participating
countries and non-participating Members,
and the treatment accorded by participating
countries to non-participating Members shall
be no less favourable than that accorded
to any non-participating non-Member, due
consideration being given in each case to
policies adopted by non-participants in rela-
tion to obligations assumed and advantages
conferred under the agreement.
(d) Such agreements shall include provision for
adequate participation of countries substan-
tially interested In the importation or con-
sumption of the commodity as well as those
substantially interested in its exportation or
production.
(e) Full publicity shall be given to any inter-
governmental commodity agreement pro-
posed or concluded, to the statements of
considerations and objectives advanced by
the proposing Members, to the nature and
development of measures adopted to correct
the underlying situation which gave rise to
the agreement and, periodically, to the
operation of the agreement.
2. The Members, including Members not parties
to a particular commodity agreement, shall give
favourable consideration to any recommendation
made under the agreement for expanding consump-
tion of the commodity in question.
Article 61
Types of Agreements
1. For the purposes of this Chapter, there are
two types of inter-governmental commodity agree-
ments:
(a) commodity control agreements as defined in
this Article; and
(b) other inter-governmental commodity agree-
ments.
2. Subject to the provisions of paragraph 5, a
commodity control agreement is an inter-govern-
mental agreement which involves:
(a) the regulation of production or the quanti-
tative control of exports or Imports of a
primary commodity and which has the pur-
pose or might have the effect of reducing,
or preventing an increase in, the production
of, or trade in, that commodity; or
(b) the regulation of prices.
3. The Organization shall, at the request of a
Member, a study group or a commodity conference,
decide whether an existing or proposed inter-
governmental agreement is a commodity control
agreement within the meaning of paragraph 2.
4. (a) Commodity control agreements shall be
subject to all the provisions of this Chapter. (b) Other inter-governmental commodity agree-
ments shall be subject to the provisions of this
Chapter other than those of Section C. If, how-
ever, the Organization decides that an agree-
ment which involves the regulation of production
or the quantitative control of exports or imports
is not a commodity control agreement within the
meaning of paragraph 2, it shall prescribe the
provisions of Section C, if any, to which that
agreement shall conform.
5. An existing or proposed inter-governmental
agreement the purpose of which is to secure the
co-ordinated expansion of aggregate world produc-
tion and consumption of a primary commodity may
be treated by the Organization as not being a
commodity control agreement, even though the
agreement provides for the future application of
price provisions, provided that'
(a) at the time the agreement is entered into,
a commodity conference finds that the con-
ditions contemplated are in accordance with
the provisions of Article 62, and
(b) from the date on which the price provisions
become operative, the agreement shall con-
form to all the provisions of Section C,
except that no further finding will be
required under Article 62.
6. Members shall enter into any new commodity
control agreement only through a conference called
in accordance with the provisions of Article 59 and
after an appropriate finding has been made under
Article 62. If, in an exceptional case, there has
been unreasonable delay in the convening or in the
proceedings of the study group or of the commodity
conference, Members which consider themselves
substantially interested in the production or con-
sumption of, or trade in, a particular primary
commodity, may proceed by direct negotiation to
the conclusion of an agreement, provided that the
situation is one contemplated in Article 62 (a) or
(b) and that the agreement conforms to the other
provisions of this Chapter.
SECTION C - INTER-GOVERNMENTAL COMMODITY CONTROL AGREEMENTS
Article 62
Circumstances governing the Use of Commodity
Control Agreements
The Members agree that commodity control
agreements may be entered into only when a finding
has been made through a commodity conference
or through the Organization by consultation and
general agreement among Members substantially
interested in the commodity, that:
(a) a burdensome surplus of a primary com-
modity has developed or is expected to
develop, which, in the absence of specific
governmental action, would cause serious
hardship to producers among whom are
small producers who account for a substan-
tial portion of the total output, and that
these conditions could not be corrected by
normal market forces in time to prevent
such hardship, because, characteristically in
the case of the primary commodity con-
cerned, a substantial reduction in price does
not readily lead to a significant increase in
consumption or to a significant decrease in
production; or
(b) widespread unemployment or under-employ-
ment in connection with a primary com-
modity, arising out of difficulties of the kind
referred to in Article 55, has developed or
is expected to develop, which, in the absence
of specific governmental action, would not
be corrected by normal market forces inl
time to prevent widespread and undue hard-
ship to workers because, characteristically
in the case of the industry concerned, a
substantial reduction in price does not
readily lead to a significant increase in
consumption but to a reduction of employ-
ment, and because areas in which the com-
modity is produced in substantial quantity
do not afford alternative employment oppor-
tunities for the workers involved.
Article 63
Additional Principles governing Commodity Control
Agreements
The Members shall observe the following prin-
ciples governing the conclusion and operation of
commodity control agreements, in addition to those
stated in Article 60:
(a) Such agreements shall be designed to assure
the availability of supplies adequate at all
times for world demand at prices which are
in keeping with the provisions of Article
57 (c), and, when practicable, shall provide
for measures designed to expand world
consumption of the commodity.
(b) Under such agreements, participating coun-
tries which are mainly interested in imports
of the commodity concerned shall, in deci-
sions on substantive matters, have together
a number of votes equal to that of those
mainly interested in obtaining export mar-
kets for the commodity. Any participating
country, which is interested in the com-
modity but which does not fall precisely
under either of the above classes, shall have
an appropriate voice within such classes.
(C) Such agreements shall make appropriate
provision to afford increasing opportunities
for satisfying national consumption and
world market requirements from sources
from which such requirements can be
supplied in the most effective and economic
manner, due regard being had to the need
for preventing serious economic and social
dislocation and to the position of producing
areas suffering from abnormal disabilities.
ANNEX B at a e and place determined by the legislation
(d) Participating countries shall formulate and
adopt programmes of internal economic
adjustment believed to be adequate to ensure
as much progress as practicable within the
duration of the agreement towards solution
of the commodity problem involved.
Article 64
Administration of Commodity Control Agreements
1. Each commodity control agreement shall
provide for the establishment of a governing body,
herein referred to as a Commodity Council, which
shall operate in conformity with the provisions of
this Article.
2. Each participating country shall be entitled
to have one representative on the Commodity
Council. The voting power of the representatives
shall be determined in conformity with the provi-
sions of Article 63 (b).
3. The Organization shall be entitled to appoint
a non-voting representative to each Commodity
Council and may invite any competent inter-govern-
mental organization to nominate a non-voting
representative for appointment to a Commodity
Council.
4. Each Commodity Council shall appoint a non-
voting chairman who, if the Council so requests,
may be nominated by the Organization.
5. The Secretariat of each Commodity Council
shall be appointed by the Council after consultation
with the Organization.
6. Each Commodity Council shall adopt appro-
priate rules of procedure and regulations regarding
its activities. The Organization may at any time
require their amendment if it considers that they
are inconsistent with the provisions of this Chapter.
7. Each Commod.ty Council shall make periodic
reports to the Organization on the operation of the
agreement which it administers. It shall also make
such special reports as the Organization may require
or as the Council itself considers to be of value
to the Organization.
8. The expenses of a Commodity Council shall
be borne by the participating countries.
9. When an agreement is terminated, the Organ-
ization shall take charge of the archives and
statistical material of the Commodity Council.
Article 65
Initial Term, Renewal and Review of Commodity
Control Agreements
1. Commodity control agreements shall be con-
cluded for a period of not more than five years.
Any renewal of a commodity control agreement,
including agreements referred to in paragraph 1
of Article 68, shall be for a period not exceeding
five years. The provisions of such renewed agree-
ments shall conform to the provisions of this
Chapter.
2. The Organization shall prepare and publish
periodically, at intervals not greater than three
years, a review of the operation of each agreement
in the light of the principles set forth in this Chapter.
3. Each commodity control agreement shall
provide that, if the Organization finds that its
operation has failed substantially to conform to the
principles laid down in this Chapter, participating
countries shall either revise the agreement to con-
form to the principles or terminate it.
4. Commodity control agreements shall include
provisions relating to withdrawal of any party.
Article 66
Settlement of Disputes
Each commodity control agreement shall provide
that:
(a) any question or difference concerning the
interpretation of the provisions of the agree-
ment or arising out of its operation shall
be discussed originally by the Commodity
Council; and
(b) if the question or difference cannot be
resolved by the Council in accordance with
the terms of the agreement, it shall be
referred by the Council to the Organization,
which shall apply the procedure set forth
in Chapter VIII with appropriate adjustments
to cover the case of non-Members.
SECTION D - MISCELLANEOUS PROVISIONS
Article 67
Relations with Inter-governmental Organizations
With the object of ensuring appropriate co-
operation in matters relating to inter-governmental
commodity agreements, any inter-governmental
organization which is deemed to be competent by
the Organization, such as the Food and Agriculture
Organization, shall be entitled:
(a.) to attend any study group or commodity
conference;
(b) to ask that a study of a primary commodity
be made;
(c) to submit to the Organization any relevant
study of a primary commodity, and to
recommend to the Organization that further
study of the commodity be made or that a
commodity, conference be convened.
Article 68
Obligations of Members regarding Existing and
Proposed Commodity Agreements
1. Members shall transmit to the Organization
the full text of each inter-governmental commodity
agreement in which they are participating at the
time they become Members of the Organization,
together with appropriate information regarding
the formulation, provisions and operation of any
such agreement. If, after review, the Organizatino
finds that any such agreement is inconsistent with
the provisions of this Chapter, it shall communicate
such finding to the Members concerned in order
to secure promptly the adjustment of the agreement
to bring it into conformity with the provisions of
this Chapter.
Ing generally the amounts of duty payable. 2. Members shall transmit to the Organization
appropriate information regarding any negotiations
for the conclusion of an inter-governmental com-
modity agreement in which they are participating
at the time they become Members of the Organ-
ization. If, after review, the Organization finds
that any such negotiations are inconsistent with
the provisions of this Chapter, it shall communicate
such finding to the Members concerned in order to
secure prompt action with regard to their partici.-
pation in such negotiations. The Organization may
waive the requirement of a study group or a
commodity conference, if it finds it unnecessary
in the light of the negotiations.
Article 69
Territorial Application
For the purposes of this Chapter, the terms
"Member" and "non-Member" shall include the
dependent territories of a Member and non-Member
of the Organization respectively. If a Member or
non-Member and its dependent territories form a
group, of which one or more units are mainly
interested in the export of a commodity and one
or more in the import of the commodity, there may
be either joint representation for all the territories
within the group or, where the Member or non-
Member so wishes, separate representation for the
territories mainly interested in exportation and
separate representation for the territories mainly
interested in importation.
Article 70
Exceptions to Chapter VI
1. The provisions of this Chapter shall not apply:
(a) to any bilateral inter-governmental agree-
ment relating to the purchase and sale of
a commodity falling under Section D of
Chapter IV;
(b) to any inter-governmental commodity agree-
ment involving no more than one exporting
country and no more than one importing
country and not covered by sub-paragraph
(a) above; Provided that if, upon complaint
by a non-participating Member, the Organ-
ization finds that the interests of that
Member are seriously prejudiced by the
agreement, the agreement shall -become
subject to such provisions of this Chapter
as the Organization may prescribe;
(c) to those provisions of any inter-govern-
mental commodity agreement which are
necessary for the protection of public morals
or of human, animal or plant life or health,
provided that such agreement is not used
to accomplish results inconsistent with the
objectives of Chapter V or Chapter VI;
(d) to any inter-governmental agreement re-
lating solely to the conservation of fisheries
resources, migratory birds or wild animals,
provided that such agreement is not used
to accomplish results inconsistent with the
objectives of this Chapter or the purpose
and objectives set forth in Article 1 and is
given full publicity in accordance with the
provisions of paragraph 1 (e) of Article 60;
if the Organization finds, upon complaint
by a non-participating Member, that the
interests of that Member are seriously pre-
judiced by the agreement, the agreement
shall become subject to such provisions
of this Chapter as the Organization may
prescribe.
2. The provisions of Articles 58 and 59 and of
Section C of this Chapter shall not apply to inter-
governmental commodity agreements found by the
Organization to relate solely to the equitable dis-
tribution of commodities in short supply.
3. The provisions of Section C of this Chapter
shall not apply to commodity control agreements
found by the Organization to relate solely to the
conservation of exhaustible natural resources. CHAPTER VII
THE INTERNATIONAL TRADE ORGANIZATION
SECTION A - STRUCTURE AND FUNCTIONS
Article 71
Membership
1. The original Members of the Organization
shall be:
(a) those States invited to the United Nations
Conference on Trade and Employment whose
governments accept this Charter, in accord-
ance with the provisions of paragraph 1 of
Article 103, by September 30, 1949 or, if the
Charter shall not have entered into force by
that date, those States whose governments
agree to bring the Charter into force in
accordance with the provisions of paragraph
2 (b) of Article 103;
(b) those separate customs territories invited to
the United Nations Conference on Trade and
Employment on whose behalf the competent
Member accepts this Charter, in accordance
with the provisions of Article 104, by Sep-
tember 30, 1949 or, if the Charter shall not
have entered into force by that date, such
separate customs territories which agree to
bring the Charter into force in accordance
with the provisions of paragraph 2 (b) of
Article 103 and on whose behalf the compe-
tent Member accepts the Charter in accord-
ance with the provisions of Article 104. If
any of these customs territories shall have
become fully responsible for the formal
conduct of its diplomatic relations by the
time it 'wishes to deposit an instrument of
acceptance, it shall proceed in the manner
set forth in sub-paragraph (a) of this
paragraph.
2. Any other State whose membership has been
approved by the Conference shall become a Member
of the Organization upon its acceptance, in accord-
ance with the provisions of paragraph 1 of Article
103, of the Charter as amended up to the date of
such acceptance.
3. Any separate customs territory not invited to
the United Nations Conference on Trade and
Employment, proposed by the competent Member
having responsibility for the formal conduct of its
diplomatic relations and which is autonomous in
the conduct of its external commercial relations and
of the other matters provided for in this Charter
and whose admission is approved by the Conference,
shall become a Member upon acceptance of the
Charter on its behalf by the competent Member in
accordance with the provisions of Article 104 or, in
the case of a territory in respect of which the
Charter has already been accepted under that
Article, upon such approval by the Conference after
it has acquired such autonomy.
4. The Conference shall determine, by a two-
thirds majority of the Members present and voting,
the conditions upon which, in each individual case,
membership rights and obligations shall be ex-
tended to:
(a) the Free Territory of Trieste;
(b) any Trust Territory administered by the
United Nations; and
(c) any other special regime established by the
United Nations.
5. The Conference, on application by the com-
petent authorities, shall determine the conditions
upon which rights and obligations under this
Charter shall apply to such authorities in respect
of territories under military occupation and shall
determine the extent of such rights and obligations.
Article 72
Functions
1. The Organization shall perform the functions
attributed to it elsewhere in this Charter. In ad-
dition, the Organization shall have the following
functions:
(a) to collect, analyze and publish information
relating to international trade, including
information relating to commercial policy,
business practices, commodity problems and
industrial and general economic develop-
ment;
(b) to encourage and facilitate consultation
among Members on all questions relating
to the provisions of this Charter;
(c) to undertake studies, and, having due regard
to the objectives of this Charter and the
constitutional and legal systems of Members,
make recommendations, and promote bilat-
eral or multilateral agreements concerning,
measures designed
(i) to assure just and equitable treatment
for foreign nationals and enterprises;
(ii) to expand the volume and to improve
the bases of international trade, includ-
ing measures designed to facilitate
commercial arbitration and the avoid-
ance of double taxation;
44- (iii) to carry out, on a regional or other
basis, having due regard to the activi-
ties of existing regional or other inter-
governmental organizations, the func-
tions specified in paragraph 2 of Article
10;
(iv) to promote and encourage establish-
ments for the technical training that
is necessary for progressive industrial
and economic development; and,
(v) generally, to achieve any of the objec-
tives set forth in Article 1;
(d) in collaboration with the Economic and So-
cial Council of the United Nations and with
such inter-governmental organizations as
may be appropriate, to undertake studies on
the relationship between world prices of
primary commodities and manufactured
products, to consider and, where appropriate,
to recommend international agreements on,
measures designed to reduce progressively
any unwarranted disparity in those prices;
(e) generally, to consult with and make recom-
mendations to the Members and, as ne-
cessary, furnish advice and assistance to
them regarding any matter relating to the
operation of this Charter, and to take any
other action necessary and appropriate to
carry out the provisions of the Charter;
(f) to co-operate with the United Nations and
other inter-governmental organizations in
furthering the achievement of the economic
and social objectives of the United Nations
and the maintenance or restoration of inter-
national peace and security.
2. In the exercise of its functions the Organiza-
tion shall have due regard to the economic circum-
stances of Members, to the factors affecting these
circumstances and to the consequences of its deter-
minations upon the interests of the Member or
Members concerned.
Article 73
Structure
The Organization shall have a Conference, an
Executive Board, Commissions as established under
Article 82, and such other organs as may be re"
quired. There shall also be a Director-General and
Staff.
SECTION B - THE CONFERENCE
Article 74
Composition
1. The Conference shall consist of all the Mem-
bers of the Organization.
2. Each Member shall have one representative
in the Conference and may appoint alternates and
advisers to its representative.
Article 75
Voting
1. Each Member shall have one vote in the Con-
ference.
2. Except as otherwise provided in this Charter,
decisions of the Conference shall be taken by a
majority of the Members present and voting; Pro-
vided that the rules of procedure of the Conference
may permit a Member to request a second vote if
the number of votes cast is less than half the num-
ber of the Members, in which case the decision
reached on the second vote shall be final whether
or not the total of the votes cast comprises more
than half the number of the Members.
Article 76
Sessions, Rules of Procedure and Officers
1. The Conference shall meet at the seat of the
Organization in regular annual session and in such
special sessions as may be convoked by the Director-
General at the request of the Executive Board or
of one-third of the Members. In exceptional cir-
cumstances, the Executive Board may decide that
the Conference shall be held at a place other than
the seat of the Organization.
2. The Conference shall establish rules of pro-
cedure which may include rules appropriate for the
carrying out of its functions during the intervals
between its sessions. It shall annually elect its
President and other officers.
Article 77
Powers and Duties
1. The powers and duties attributed to the Or-
ganization by this Charter and the final authority
to determine the policies of the Organization shall
be vested in the Conference.
2. The Conference may, by a vote of a majority
of the Members, assign to the Executive Board any
power or duty of the Organization except such
specific powers and duties as are expressly con-
ferred or imposed upon the Conference by this
Charter.
3. In exceptional circumstances not elsewhere
provided for in this Charter, the Conference may
waive an obligation imposed upon a Member by the
Charter; Provided that any such decision shall be
approved by a two-thirds majority of the votes cast
and that such majority shall comprise more than
half of the Members. The Conference may also by
such a vote define certain categories of exceptional
circumstances to which other voting requirements
shall apply for the waiver of obligations.
ANNEX K this Charter has been accepted by a single Member.
4. The Conference may prepare or sponsor agree-
ments with respect to any matter within the scope
of this Charter and, by a two-thirds majority of the
Members present and voting, recommend such
agreements for acceptance. Each Member shall
within a period specified by the Conference, notify
the Director-General of its acceptance or non-accep-
tance. In the case of non-acceptance, a statement
of the reasons therefor shall be forwarded with the
notification.
5. The Conference may make recommendations
to inter-governmental organizations on any subject
within the scope of this Charter.
6. The Conference shall approve the budget of
the Organization and shall apportion the expend-
itures of the Organization among the Members in
accordance with a scale of contributions to be fixed
from time to time by the Conference following such
principles as may be applied by the United Nations.
If a maximum limit is established on the contribu-
tion of a single Member with respect to the budget
of the United Nations, such limit shall also be
applied with respect to contributions to the Organ-
ization.
7. The Conference shall determine the seat of
the Organization and shall establish such branch
offices as it may consider desirable.
SECTION C - THE EXECUTIVE BOARD
Article 78
Composition of the Executive Board
1. The Executive Board shall consist of eighteen
Members of the Organization selected by the Con-
ference.
2. (a) The Executive Board shall be representa-
tive of the broad geographical areas to which the
Members of the Organization belong.
(b) A customs union, as defined in paragraph 4
of Article 44, shall be considered eligible for
selection as a member of the Executive Board on
the same basis as a single Member of the Organ-
ization if all of the members of the customs union
are Members of the Organization and if all its mem-
bers desire to be represented as a unit.
(c) In selecting the members of the Executive
Board, the Conference shall have regard to the
objective of ensuring that the Board includes Mem-
bers of chief economic importance, in the determi-
nation of which particular regard shall be paid to
their shares in international trade, and that it is
representative of the different types of economies
or degrees of economic development to be found
within the membership of the Organization.
3. (a) At intervals of three years the Conference
shall determine, by a two-thirds majority of the
Members present and voting, the eight Members of
chief economic importance, in the determination of
which particular regard shall be paid to their shares
in international trade. The Members so determined
shall be declared members of the Executive Board.
(b) The other members of the Executive Board
shall be elected by the Conference by a two-thirds
majority of the Members present and voting.
(c) If on two consecutive ballots no member is
elected, the remainder of the election shall be
decided by a majority of the Members present and
voting.
4. Subject to the provisions of Annex L, the term
of office of a member of the Executive Board shall
be three years, and any vacancy in the membership
of the Board may be filled by the Conference for
the unexpired term of the vacancy.
5. The Conference shall establish rules for giving
effect to this Article.
1. Each member of the Executive Board shall
have one vote.
2. Decisions of the Executive Board shall be
made by a majority of the votes cast.
Article 80
Sessions, Rules of Procedure and Officers
1. The Executive Board shall adopt rules of
procedure, which shall include rules for the con-
vening of its sessions, and which may include rules
appropriate for the carrying out of its functions
during the intervals between its sessions. The rules
of procedure shall be subject to confirmation by the
Conference.
2. The Executive Board shall annually elect its
Chairman and other officers, who shall be eligible
for re-election.
3. The Chairman of the Executive Board shall
be entitled ex officio to participate, without the
right to vote, in the deliberations of the Conference.
4. Any Member of the Organization which is not
a member of the Executive Board shall be invited
to participate in the discussion by the Board of any
matter of particular and substantial concern to that
Member and shall, for the purpose of such dis-
cussion, have all the rights of a member of the
Board, except the right to vote.
Article 81
Powers and Duties
1. The Executive Board shall be responsible for
the execution of the policies of the Organization and
shall exercise the powers and perform the duties
assigned to it by the Conference. It shall supervise
the activities of the Commissions and shall take
such action upon their recommendations as it may
deem appropriate.
2. The Executive Board may make recommenda-
tions to the Conference, or to inter-governmental
organizations, on any subject within the scope of
this Charter.
ANNEX L
RELATING TO A T 78
Article 79
Voting
as the case may be: SECTION D - THE COMMISSIONS
Article 82
Establishment and Functions
The Conference shall establish such Commissions
as may be required for the performance of the
functions of the Organization. The Commissions
shall have such functions as the Conference may
decide. They shall report to the Executive Board
and shall perform such tasks as the Board may
assign to them. They shall consult each other as
necessary for the exercise of their functions.
Article 83
Composition and Rules of Procedure
1. The Commissions shall be composed of per-
sons whose appointment, unless the Conference
decides otherwise, shall be made by the Executive
Board. In all cases, these persons shall be qualified
by training and experience to carry out the
functions of the Commission to which they are
appointed.
2. The number of members, which for each
Commission shall normally not exceed seven, and
the conditions of service of such members shall be
determined in accordance with regulations pres-
cribed by the Conference.
3. Each Commission shall elect a Chairman.
It shall adopt rules of procedure which shall be
subject to approval by the Executive Board.
4. The rules of procedure of the Conference and
of the Executive Board shall provide as appropriate
for the participation in their deliberations, without
the right to vote, of the chairmen of Commissions.
5. The Organization shall arrange for represen-
tatives of the United Nations and of other inter-
governmental organizations which are considered
by the Organization to have a special competence
in the field of activity of any of the Commissions,
to participate in the work of such Commission.
SECTION E - THE DIRECTOR-GENERAL AND STAFF
Article 84
The Director-General
1. The chief administrative officer of the Organ-
ization shall be the Director-General. He shall be
appointed by the Conference upon the recommen-
dation of the Executive Board, and shall be subject
to the general supervision of the Board. The powers,
duties, conditions of service and terms of office
of the Director-General shall conform to regulations
approved by the Conference.
2. The Director-General or his representative
shall be entitled to participate, without the right
to vote, in all meetings of any organ of the Organ-
ization.
3. The Director-General shall present to the
Conference an annual report on the work of the
Organization, and the annual budget estimates and
financial statements of the Organization.
Article 85
The Staff
1. The Director-General, having first consulted
with and having obtained the agreement of the
Executive Board, shall have authority to appoint
Deputy Directors-General in accordance with regu-
lations approved by the Conference. The Director-
General shall also appoint such additional members
of the Staff as may be required and shall fix the
duties and conditions of service of the members of
the Staff, in accordance with regulations approved
by the Conference.
2. The selection of the members of the Staff,
including the appointment of the Deputy Directors-
General, shall as far as possible be made on a wide
geographical basis and with due regard to the va-
rious types of economy represented by Member
countries. The paramount consideration in the
selection of candidates and in determining the con-
ditions of service of the Staff shall be the necessity
of securing the highest standards of efficiency,
competence, impartiality and integrity.
3. The regulations concerning the conditions of
service of members of the Staff, such as those
governing qualifications, salary, tenure and retire-
ment, shall be fixed, so far as practicable, in con-
formity with those for members of the Secretariat
of the United Nations and of specialized agencies.
SECTION F - OTHER ORGANIZATIONAL PROVISIONS
Article 86 This relationship shall be effected by agreement
approved by the Conference.
Relating with the United Nations
1. The Organization shall be brought into rela-
tionship with the United Nations as soon as prac-
ticable as one of the specialized agencies referred
to in Article 57 of the Charter of the United Nations.
2. Any such agreement shall, subject to the pro-
visions of this Charter, provide for effective co-
operation and the avoidance of unnecessary dupli-
cation in the activities of these organizations, and
for co-operation in furthering the maintenance or
restoration of international peace and security.
ANNEX M 3. The Members recognize that the Organization
should not attempt to take action which would
involve passing judgment in any way on essentially
political matters. Accordingly, and in order to avoid
conflict of responsibility between the United Nations
and the Organization with respect to such matters,
any measure taken by a Member directly in con-
nection with a political matter brought before the
United Nations in accordance with the provisions
of Chapters IV or VI of the United Nations Charter
shall be deemed to fall within the scope of the
United Nations, and shall not be subject to the pro-
visions of this Charter.
4. No action, taken by a Member in pursuance of
its obligations under the United Nations Charter
for the maintenance or restoration of international
peace and security, shall be deemed to conflict with
the provisions of this Charter.
Article 87
Relations with other Organizations
international in character. In the discharge of their
duties, they shall not seek or receive instructions
from any government or from any other authority
external to the Organization. They shall refrain
from any action which might reflect on their posi-
tion as international officials.
2. The provisions of paragraph 1 shall also apply
to the members of the Commissions.
3. The Members shall respect the international
character of the responsibilities of these persons
and shall not seek to influence them in the dis-
charge of their duties.
Article 89
International Legal Status of the Organization
The Organization shall have legal personality and
shall enjoy such legal capacity as may be necessary
for the exercise of its functions.
Article 90
1. The Organization shall make arrangements
with other inter-governmental organizations, which
have related responsibilities, to provide for effective
co-operation and the avoidance of unnecessary du-
plication in the activities of these organizations.
The Organization may for this purpose arrange for
joint committees, reciprocal representation at meet-
ings and establish such other working relationships
as may be necessary.
2. The Organization may make suitable arrange-
ments for consultation and co-operation with non-
governmental organizations concerned with matters
within the scope of this Charter.
3. Whenever the Conference and the competent
authorities of any inter-governmental organization
whose purposes and functions lie within the scope
of this Charter deem it desirable.
(a) to incorporate such inter-governmental or-
ganization into the Organization, or
(b) to transfer all or part of its functions and
resources to the Organization, or
(c) to bring it under the supervision or author-
ity of the Organization,
the Director-General, subject to the approval of
the Conference, may enter into an appropriate
agreement. The Members shall, in conformity with
their international obligations, take the action
necessary to give effect to any such agreement.
Article 88
International Character of the Responsibilities of
the Director-General, Staff and Members of
Commissions
1. The responsibilities of the Director-General
and of the members of the Staff shall be exclusively
Status of the Organization in the Territory of
Members
1. The Organization shall enjoy in the territory
of each of its Members such legal capacity, privi-
leges and immunities as may be necessary for the
exercise of its functions.
2. The representatives of Members and the
officials of the Organization shall similarly enjoy
such privileges and immunities as may be necessary
for the independent exercise of their functions in
connection with the Organization.
3. When the Organization has been brought into
relationship with the United Nations as provided
for in paragraph 1 of Article 86, the legal capacity
of the Organization and the privileges and immu-
nities provided for in the preceding paragraphs shall
be defined by the General Convention on Privileges
and Immunities of the Specialized Agencies, adopted
by the General Assembly of the United Nations, as
from time to time amended, and as supplemented
by an annex relating to the International Trade
Organization.
Article 91
Contributions
Each Member shall contribute promptly to the
Organization its share of the expenditure of the
Organization as apportioned by the Conference.
A Member which is in arrears in the payment of
its contributions shall have no vote in the organs
of the Organization, if the amount of its arrears
equals or exceeds the amount of the contributions
due from it in respect of the preceding two complete
years. The Conference may, nevertheless, permit
such a Member to vote, if it is satisfied that the
failure to pay is due to circumstances beyond the
control of the Member.
ANNEX P CHAPTER VIII
SETTLEMENT OF DIFFERENCES
Reliance on the Procedures of the Charter
1. The Members undertake that they will not
have recourse, in relation to other Members and
to the Organization, to any procedure other than
the procedures envisaged in this Charter for com-
plaints and the settlement of differences arising out
of its operation.
2. The Members also undertake, without preju-
dice to any other international agreement, that
they will not have recourse to unilateral economic
measures of any kind contrary to the provisions
of this Charter.
Article 93
Consultation and Arbitration
1. If any Member considers that any benefit
accruing to it directly or indirectly, implicitly or
explicitly, under any of the provisions of this
Charter other than Article 1, is being nullified or
impaired as a result of
(a) a breach by a Member of an obligation under
this Charter by action or failure to act, or
(b) the application by a Member of a measure
not conflicting with the provisions of this
Charter, or
(c) the existence of any other situation
the Member may, with a view to the satisfactory
adjustment of the matter, make written represen-
tations or proposals to such other Member or
Members as it considers to be concerned, and the
Members receiving them shall give sympathetic
consideration thereto.
2. The Members concerned may submit the
matter arising under paragraph 1 to arbitration
upon terms agreed between them; Provided that the
decision of the arbitrator shall not be binding for
any purpose upon the Organization or upon any
Member other than the Members participating in
the arbitration.
3. The Members concerned shall inform the
Organization generally of the progress and out-
come of any discussion, consultation or arbitration
undertaken under this Charter.
Reference to the Executive Board
1. Any matter arising under sub-paragraphs (a)
or (b) of paragraph 1 of Article 93 which is not
satisfactorily settled and any matter which arises
under paragraph 1 (c) of Article 93 may be referred
by any Member concerned to the Executive Board.
2. The Executive Board shall promptly inves-
tigate the matter and shall decide whether any
nullification or impairment within the terms of
paragraph 1 of Article 93 in fact exists. It shall
then take such of the following steps as may be
appropriate:
(a) decide that the matter does not call for any
action;
(b) recommend further consultation to the Mem-
bers concerned;
(c) refer the matter to arbitration upon such
terms as may be agreed between the Execu-
tive Board and the Members concerned;
(d) in any matter arising under paragraph 1 (a)
of Article 93, request the Member concerned
to take such action as may be necessary for
the Member to conform to the provisions of
this Charter;
(e) in any matter arising under sub-paragraph
(b) or (c) of paragraph 1 of Article 93,
make such recommendations to Members as
will best assist the Members concerned and
contribute to a satisfactory adjustment.
3. If the Executive Board considers that action
under sub-paragraphs (d) and (e) of paragraph 2
is not likely to be effective in time to prevent serious
injury, and that any nullification or impairment
found to exist within the terms of paragraph 1 of
Article 93 is sufficiently serious to justify such
action, it may, subject to the provisions of paragraph
1 of Article 95, release the Member or Members
affected from obligations or the grant of concessions
to any other Member or Members under or pursuant
to this Charter, to the extent and upon such condi-
tions as it considers appropriate and compensatory,
having regard to the benefit which has been nullified
or impaired.
4. The Executive Board may, in the course of
its investigation, consult with such Members or
inter-governmental organizations upon such matters
within the scope of this Charter as it deems
appropriate. It may also consult any appropriate
commission of the Organization on any matter
arising under this Chapter.
Paragraph 1
Article 92
Article 94 requested by the Organization.
5. The Executive Board may bring any matter,
referred to it under this Article, before the
Conference at any time during its consideration
of the matter.
Article 95
Reference to the Conference
1. The Executive Board shall, if requested to
do so within thirty days by a Member concerned,
refer to the Conference for review any action,
decision or recommendation by the Executive Board
under paragraphs 2 or 3 of Article 94. Unless such
review has been asked for by a Member concerned,
Members shall be entitled to act in accordance with
any action, decision or recommendation of the
Executive Board under paragraphs 2 or 3 of Article
94. The Conference shall confirm, modify or reverse
such action, decision or recommendation referred
to it under this paragraph.
2. Where a matter arising under this Chapter
has been brought before the Conference by the
Executive Board, the Conference shall follow the
procedure set out in paragraph 2 of Article 94 for
the Executive Board.
3. If the Conference considers that any nullifi-
cation or impairment found to exist within the
terms of paragraph 1 (a) of Article 93 is sufficiently
serious to justify such action, it may release the
Member or Members affected from obligations or
the grant of concessions to any other Member or
Members under or pursuant to this Charter, to the
extent and upon such conditions as it considers
appropriate and compensatory, having regard to
the benefit which has been nullified or impaired.
If the Conference considers that any nullification
or impairment found to exist within the terms of
sub-paragraphs (b) or (c) of paragraph 1 of Article
93 is sufficiently serious to justify such action, it
may similarly release a Member or Members to the
extent and upon such conditions as will best assist
the Members concerned and contribute to a satis-
factory adjustment.
4. When any Member or Members, in accordance
with the provisions of paragraph 3, suspend the
performance of any obligation or the grant of any
concession to another Member, the latter Member
shall be free, not later than sixty days after such
action is taken, or if an opinion has been requested
from the International Court of Justice pursuant
to the provisions of Article 96, after such opinion
has been delivered, to give written notice of its
withdrawal from the Organization. Such withdrawal
shall become effective upon the expiration of sixty
days from the day on which such notice is received
by the Director-General.
Article 96
Reference to the International Court of Justice
1. The Organization may, in accordance with
arrangements made pursuant to paragraph 2 of
Article 96 of the Charter of the United Nations,
request from the International Court of Justice
advisory opinions on legal questions arising within
the scope of the activities of the Organization.
2. Any decision of the Conference under this
Charter shall, at the instance of any Member whose
interests are prejudiced by the decision, be subject
to review by the International Court of Justice by
means of a request, in appropriate form, for an ad-
visory opinion pursuant to the Statute of the Court.
3. The request for an opinion shall be accom-
panied by a statement of the question upon which
the opinion is required and by all documents likely
to throw light upon the question. This statement
shall be furnished by the Organization in accordance
with the Statute of the Court and after consultation
with the Members substantially interested.
4. Pending the delivery of the opinion of the
Court, the decision of the Conference shall have full
force and effect; Provided that the Conference shall
suspend the operation of any such decision pending
the delivery of the opinion where, in the view of
the Conference, damage difficult to repair would
otherwise be caused to a Member concerned.
5. The Organization shall consider itself bound
by the opinion of the Court on any question referred
by it to the Court. In so far as it does not accord
with the opinion of the Court, the decision in
question shall be modified.
Article 97
Miscellaneous Provisions
1. Nothing in this Chapter shall be construed
to exclude other procedures provided for in this
Charter for consultation and the settlement of
differences arising out of its operation. The Organ-
ization may regard discussion, consultation or
investigation undertaken under any other provisions
of this Charter as fulfilling, either in whole or in
part, any similar procedural requirement in this
Chapter.
2. The Conference and the Executive Board shall
establish such rules of procedure as may be nec-
essary to carry out the provisions of this Chapter.
notified to the Organization, whether or not col-
particular case.
ad Article 23 CHAPTER IX
Article 98
Relations with Non-Members
1. Nothing in this Charter shall preclude any
Member from maintaining economic relations with
non-Members.
2. The Members recognize that it would be in-
consistent with the purpose of this Charter for a
Member to seek any arrangements with non-Mem-
bers for the purpose of obtaining for the trade of
its country preferential treatment as compared with
the treatment accorded to the trade of other Member
countries, or so to conduct its trade with non-
Member countries as to result in injury to other
Member countries. Accordingly,
(a) no Member shall enter into any new arrange-
ment with a non-Member which precludes
the non-Member from according to other
Member countries any benefit provided for
by such arrangement;
(b) subject to the provisions of Chapter IV, no
Member shall accord to the trade of any
non-Member country treatment which, being
more favourable than that which it accords
to the trade of any other Member country,
would injure the economic interests of a
Member country.
3. Notwithstanding the provisions of paragraph
2, Members may enter into agreements with non-
Members in accordance with the provisions of
paragraph 3 of Article 15 or of paragraph 6 of
Article 44.
4. Nothing in this Charter shall be interpreted
to require a Member to accord to non-Member coun-
tries treatment as favourable as that which it
accords to Member countries under the provisions
of the Charter, and failure to accord such treatment
shall not be regarded as inconsistent with the terms
or the spirit of the Charter.
5. The Executive Board shall make periodic
studies of general problems arising out of the com-
mercial relations between Member and non-Member
countries and, with a view to promoting the purpose
of the Charter, may make recommendations to the
Conference with respect to such relations. Any
recommendation involving alterations in the pro-
visions of this Article shall be dealt with in accord-
ance with the provisions of Article 100.
GENERAL PROVISIONS
(b) to prevent a Member from taking, either
singly or with other States, any action which
it considers necessary for the protection of
its essential security interests, where such
action
(i) relates to fissionable materials or to
the materials from which they are de-
rived, or
(ii) relates to the traffic in arms, ammuni-
tion or implements of war, or to traffic
in other goods and materials carried
on directly or indirectly for the purpose
of supplying a military establishment
of the Member or of any other coun-
try, or
(iii) is taken in time of war or other emer-
gency in international relations; or
(c) to prevent a Member from entering into or
carrying out any inter-governmental agree-
ment (or other agreement on behalf of a
government for the purpose specified in this
sub-paragraph) made by or for a military
establishment for the purpose of meeting
essential requirements of the national se-
curity of one or more of the participating
countries; or
(d) to prevent action taken in accordance with
the provisions of Annex M to this Charter.
2. Nothing in this Charter shall be construed to
override
(a) any of the provisions of peace treaties or
permanent settlements resulting from the
Second World War which are or shall be in
force and which are or shall be registered
with the United Nations or
(b) any of the provisions of instruments creating
Trust Territories or any other special re-
gimes established by the United Nations.
Article 99 Article 100
General Exceptions Amendments
1. Nothing in this Charter shall be construed
(a) to require a Member to furnish any informa-
tion the disclosure of which it considers con-
trary to its essential security interests; or
1. Any amendment to this Charter which does
not alter the obligations of Members shall become
effective upon approval by the Conference by a
two-thirds majority of the Members.
- 51 - 2. Any amendment which alters the obligations
of Members shall, after receiving the approval of
the Conference by a two-thirds majority of the
Members present and voting, become effective for
the Members accepting the amendment upon the
ninetieth day after two-thirds of the Members have
notified the Director-General of their acceptance,
and thereafter for each remaining Member upon
acceptance by it. The Conference may, in its deci-
sion approving an amendment under this paragraph
and by one and the same vote, determine that the
amendment is of such a nature that the Members
which do not accept it within a specified period after
the amendment becomes effective shall be sus-
pened from membership in the Organization; Pro-
vided that the Conference may, at any time, by a
two-thirds majority of the Members present and
voting, determine the conditions under which such
suspension shall not apply with respect to any such
Member.
3. A Member not accepting an amendment under
paragraph 2 shall be free to withdraw from the
Organization at any time after the amendment has
become effective; Provided, that the Director-Gen-
eral has received from such Member sixty days'
written notice of withdrawal; and provided further
that the withdrawal of any Member suspended
under the provisions of paragraph 2 shall become
effective upon the receipt by the Director-General
of written notice of withdrawal.
4. The Conference shall, by a two-thirds majority
of the Members present and voting, determine
whether an amendment falls under paragraph 1 or
paragraph 2, and shall establish rules with respect
to the reinstatement of Members suspended under
the provisions of paragraph 2, and any other rules
required for carrying out the provisions of this
Article.
5. The provisions of Chapter VIII may be amend-
ed within the limits and in accordance with the
procedure set forth in Annex N.
Article 101
Review of the Charter
1. The Conference shall carry out a general
review of the provisions of this Charter at a special
session to be convened in conjunction with the
regulai annual session nearest the end of the fifth
year after the entry into force of the Charter.
2. At least one year before the special session
referred to in paragraph 1, the Director-General
shall invite the Members to submit any amendments
or observations which they may wish to propose
and shall circulate them for consideration by the
Members.
3. Amendments resulting from such review shall
become effective in accordance with the procedure
set forth in Article 100.
Article 102
Withdrawal and Termination
1. Without prejudice to any special provision in
this Charter relating to withdrawal, any Member
may withdraw from the Organization, either in
respect of itself or of a separate customs territory
on behalf of which it has accepted the Charter in
accordance with the provisions of Article 104, at any
time after three years from the day of the entry
into force of the Charter.
2. A withdrawal under paragraph 1 shall become
effective upon the expiration of six months from
the day on which written notice of such withdrawal
is received by the Director-General. The Director-
General shall immediately notify all the Members
of any notice of withdrawal which he may receive
under this or other provisions of the Charter.
3. This Charter may be terminated at any time
by agreement of three-fourths of the Members.
Article 103
Entry into Force and Registration
1. The government of each State accepting this
Charter shall deposit an instrument of acceptance
with the Secretary-General of the United Nations,
who will inform all governments represented at the
United Nations Conference on Trade and Employ-
ment and all Members of the United Nations not
so represented of the date of deposit of each instru-
ment of acceptance and of the day on which the
Charter enters into force. Subject to the provisions
of Annex 0, after the entry into force of the Charter
in accordance with the provisions of paragraph 2,
each instrument of acceptance so deposited shall
take effect on the sixtieth day following the day on
which it is deposited.
2. (a) This Charter shall enter into force
(i) on the sixtieth day following the day on
which a majority of the governments signing
the Final Act of the United Nations Confer-
ence on Trade and Employment have de-
posited instruments of acceptance in accord-
ance with the provisions of paragraph 1; or
(ii) if, at the end of one year from the date of
signature of the said Final Act, it has not
entered into force in accordance with the
provisions of sub-paragraph (a) (i), then on
the sixtieth day following the day on which
the number of governments represented at
the United Nations Conference on Trade and
Employment which have deposited instru-
ments of acceptance in accordance with the
provisions of paragraph 1 shall reach twenty;
Provided that if twenty such governments
have deposited acceptance more than sixty
days before the end of such year, it shall not
enter into force until the end of that year.
tion therewith and falling within the scope of para- 3 a
ad Article 44 (b) If this Charter shall not have entered into
force by September 30, 1949, the Secretary-General
of the United Nations shall invite those govern-
ments which have deposited instruments of accep-
tance to enter into consultation to determine
whether and on what conditions they desire to bring
the Charter into force.
3. Until September 30, 1949, no State or separate
customs territory, on behalf of which the said Final
Act has been signed, shall be deemed to be a non-
Member for the purposes of Article 98.
4. The Secretary-General of the United Nations
is authorized to register this Charter as soon as it
enters into force.
Article 104
Territorial Application
1. Each government accepting this Charter does
so in respect of its metropolitan territory and of
the other territories for which it has international
responsibility, except such separate customs terri-
tories as it shall notify to the Organization at the
time of its own acceptance.
2. Any Member may at any time accept this
Charter, in accordance with the provisions of para-
graph 1 of Article 103, on behalf of any separate
customs territory excepted under the provisions of
paragraph 1.
3. Each Member shall take such reasonable
measures as may be available to it to ensure ob-
servance of the provisions of this Charter by the
regional and local governments and authorities
within its territory.
Article 105
Annexes
The Annexes to this Charter form an integral
part thereof.
Article 106
Deposit and Authenticity of Texts
Title and Date of the Charter
1. The original texts of this Charter in the official
languages of the United Nations shall be deposited
with the Secretary-General of the United Nations,
who will furnish certified copies of the texts to all
interested governments. Subject to the provisions
of the Statute of the International Court of Justice,
such texts shall be equally authoritative for the
purposes of the interpretation of the Charter, and
any discrepancy between texts shall be settled by
the Conference.
2. The date of this Charter shall be March 24,
1948.
3. This Charter for an International Trade Or-
ganization shall be known as the Havana Charter. ANNEX A
LIST OF TERRITORIES REFERRED TO IN PARAGRAPH 2 (a) OF ARTICLE 16
United Kingdom of Great Britain and Northern Ireland
Dependent territories of the United Kingdom of Great Britain and Northern Ireland
Canada
Commonwealth of Australia
Dependent territories of the Commonwealth of Australia
New Zealand
Dependent territories of New Zealand
Union of South Africa including South West Africa
Ireland
India (as at April 10, 1947)
Newfoundland
Southern Rhodesia
Burma
Ceylon
Certain of the territories listed above have two
or more preferential rates in force for certain prod-
ucts. Any such territory may, by agreement with
the other Members which are principal suppliers
of such products at the most-favoured-nation rate,
substitute for such preferential rates a single pre-
ferential rate which shall not on the whole be less
favourable to suppliers at the most-favoured-nation
rate than the preferences in force prior to such
substitution.
The preferential arrangements referred to in
paragraph 5 (b) of Article 23 are those existing in
the United Kingdom on April 10, 1947, under con-
tractual agreements with the Governments of
Canada, Australia and New Zealand, in respect of
chilled and frozen beef and veal, frozen mutton
and lamb, chilled and frozen pork, and bacon.
Without prejudice to any action taken under para-
graph 1 (a) (ix) of Article 45, negotiations shall
be entered into when practicable among the coun-
tries substantially concerned or involved, in the
manner provided for in Article 17, for the elimination
of these arrangements or their replacement by tariff
preferences. If after such negotiations have taken
place a tariff preference is created or an existing
tariff preference is increased to replace these
arrangements such action shall not be considered
to contravene the provisions of Article 16 or Ar-
ticle 17.
The film hire tax in force in New Zealand on
April 10, 1947 shall, for the purpose of this Charter,
be treated as a customs duty falling under Articles
16 and 17. The renters' film quota in force in New
Zealand on April 10, 1947, shall for the purposes
of this Charter be treated as a screen quota falling
under Article 19.
The Dominions of India and Pakistan have not
been mentioned separately in the above list since
they had not come into existence as such on the
base date of April 10, 1947.
-54- ANNEX B
LIST OF TERRITORIES OF THE FRENCH UNION REFERRED TO IN PARAGRAPH 2 (b) OF ARTICLES 16
France
French Equatorial Africa (Treaty Basin of the Congo* and other territories)
French West Africa
Cameroons under French Mandate*
French Somali Coast and Dependencies
French Establishments in India*
French Establishments in Oceania
French Establishments in the Condominium of the New Hebrides*
Guadeloupe and Dependencies
French Guiana
Indo-China
Madagascar and Dependencies
Morocco (French zone)*
Martinique
New Caledonia and Dependencies
Reunion
Saint-Pierre and Miquelon
Togo under French Mandates
Tunisia
For imports into Metropolitan France and territories of the French Union.
ANNEX C
LIST OF TERRITORIES OF THE CUSTOMS UNION OF BELGIUM,
LUXEMBOURG AND THE NETHERLANDS
REFERRED TO IN PARAGRAPH 2 (b) OF ARTICLE 16
The Economic Union of Belgium and Luxembourg
Belgian Congo
Ruanda Urundi
The Netherlands
Netherlands Indies
Surinam
Curatao
(For imports into the metropolitan territories of the Customs Union.)
-55 -
RESOLUTION ESTABLISHING AN INTERIM COMMISSION FOR THE INTERNATIONAL
TRADE ORGANIZATION ANNEX D
LIST OF TERRITORIES OF THE UNITED STATES OF AMERICA
REFERRED TO IN PARAGRAPH 2 (b) OF ARTICLE 16
United States of America (customs territory)
Dependent territories of the United States of America
ANNEX E
LIST OF PORTUGUESE TERRITORIES REFERED TO IN PARAGRAPH 2 (b) OF ARTICLE 16
Portugal and the Archipelagoes of Madeira and the Azores
Archipelago of Cape Verde
Guinea
St. Tome and Principe and Dependencies
S. Joao Batista de Ajuda
Cabinda
Angola
Mozambique
State of India and Dependencies
Macao and Dependencies
Timor and Dependencies
-56-
1. Paragraph 2 of the Final Act of the United 4 ANNEX F
LIST OF TERRITORIES COVERED BY PREFERENTIAL ARRANGEMENTS
BETWEEN CHILE AND NEIGHBOURING COUNTRIES REFERRED
TO IN PARAGRAPH 2 (e) OF ARTICLE 16
Preferences in force exclusively between, on the one hand,
Chile
and, on the other hand,
1. Argentina
2. Bolivia
3. Peru,
respectively.
ANNEX G
LIST OF TERRITORIES COVERED BY PREFERENTIAL ARRANGEMENTS BETWEEN THE SYRO-LEBANESE
CUSTOMS UNION AND NEIGHBOURING COUNTRIES REFERRED
TO IN PARAGRAPH 2 (e) OF ARTICLE 16
Preferences in force exclusively between, on the one hand,
The Syro-Lebanese Customs Union
and, on the other hand,
1. Palestine
2. Transjordan,
respectively.
-57-
R UTION- I 1 T
IT ? 7 T ANNEX H
LIST OF TERRITORIES COVERED BY PREFERENTIAL ARRANGEMENTS AMONG
COLOMBIA, ECUADOR AND VENEZUELA REFERRED TO
IN PARAGRAPH 2 (e) OF ARTICLE 16
Preferences in force exclusively between two or more of the following countries:
Colombia
Ecuador
Venezuela
Notwithstanding the provisions of Article 16,
Venezuela may provisionally maintain the special
surcharges which on November 21, 1947, were levied
on products imported via certain territories: Pro-
vided that such surcharges shall not be increased
above the level in effect on that date and shall be
eliminated not later than five years from the date
of this Charter.
ANNEX I
LIST OF TERRITORIES COVERED BY PREFERENTIAL ARRANGEMENTS AMONG
THE REPUBLICS OF CENTRAL AMERICA REFERRED TO IN
PARAGRAPH 2 (e) OF ARTICLE 16
Preferences in force exclusively between two or more of the following countries:
Costa Rica
El Salvador
Guatemala
Honduras
Nicaragua
ANNEX J
LIST OF TERRITORIES COVERED BY PREFERENTIAL ARRANGEMENTS BETWEEN
ARGENTINA AND NEIGHBOURING COUNTRIES REFERED TO IN
PARAGRAPH 2 (e) OF ARTICLE 16
Preferences in force exclusively between, on the one hand.
Argentina
and, on the other hand,
1. Bolivia
2. Chile
3. Paraguay,
respectively.
- 58- ANNEX K
EXCEPTIONS TO THE RULE OF NON-DISCRIMINATION
(Applicable to Members who so elect, in accordance with paragraph 1 (d) of Article 23, in lieu of
paragraphs 1 (b) and 1 (c) of Article 23.)
1. (a) A Member applying import restrictions
under Article 21 may relax such restrictions in a
manner which departs from the provisions of
Article 22 to the extent necessary to obtain
additional imports above the maximum total of
imports which it could afford in the light of the
requirements of paragraphs 3 (a) and 3 (b) of Ar-
ticle 21 if its restrictions were fully consistent with
the provisions of Article 22; Provided that
(i) levels of delivered prices for products so
imported are not established substantially
higher than those ruling for comparable
goods regularly available from other Mem-
ber countries, and that any excess of such
price levels for products so imported is pro-
gressively reduced over a reasonable period;
(ii) the Member taking such action does not do
so as part of any arrangement by which the
gold or convertible currency which the
Member currently receives directly or in-
directly from its exports to other Members
not party to the arrangement is appreciably
reduced below the level it could otherwise
have been reasonably expected to attain;
(iii) such action does not cause unnecessary dam-
age to the commercial or economic interests
of any other Member, including interests
under Articles 3 and 9.
(b) Any Member taking action under this para-
graph shall observe the principles of sub-paragraph
(a). A Member shall desist from transactions which
prove to be inconsistent with that sub-paragraph but
the Member shall not be required to satisfy itself,
when it is not practicable to do so, that the require-
ments of that sub-paragraph are fulfilled in respect
of individual transactions.
2. Any Member taking action under paragraph 1
of this Annex shall keep the Organization regularly
informed regarding such action and shall provide
such available relevant information as the Organ-
ization may request.
3. If at any time the Organization finds that
import restrictions are being applied by a Member
in a discriminatory manner inconsistent with the
exceptions provided for under paragraph 1 this
Annex, the Member shall, within sixty days, remove
the discrimination or modify it as specified by the
Organization; Provided that any action under para-
graph 1 of this Annex, to the extent that it has been
approved by the Organization at the request of a
Member under a procedure analogous to that of
paragraph 5 (c) of Article 21, shall not be open to
challenge under this paragraph or under paragraph
5 (d) of Article 21 on the ground that it is incon-
sistent with the provisions of Article 22.
RESOLUTION TO THE ECONOMIC AND SOCIAL COUNCIL RELATING TO EMPLOYMENT ANNEX L
RELATING TO ARTICLE 78
Selection of the Members of the
First Executive Board
To facilitate the work of the Conference at its
first session, the following rules shall apply with
respect to the selection of the members of the first
Executive Board under the provisions of Article 78:
1. Six seats on the Board shall be filled under
sub-paragraphs (a) and (b) of paragraph 3 of
Article 78 by Member countries of the Western
Hemisphere *. If five or more countries of the
Western Hemisphere, eligible for election under
paragraph 3 (b) of Article 78, have not become
Members of the Organization at the time of the
election, only three seats shall be filled under para-
graph 3 (b). If ten or more of the countries of the
Western Hemisphere, eligible for election under
paragraph 3 (b), have not become Members of the
Organization at the time of the election, only two
seats shall be filled under paragraph 3 (b). The
seat or seats thus unoccupied shall not be filled
unless the Conference otherwise decides by a two-
thirds majority of the Members present and voting.
2. In order to ensure a selection in accordance
with the provisions of paragraph 3 (a) of Article 78,
the following countries and customs unions shall
be deemed to fulfil the conditions set out therein:
(a) the two countries in the Western Hemisphere
and the three countries or customs unions
in Europe with the largest external trade,
which participated in the Havana Con-
ference; and
(b) in view of their potential importance in
international trade, the three countries with
the largest population in the world.
Should any of these countries, including any
country participating in a customs union, not be a
Member of the Organization at the time of the
election, the Conference shall review the situation;
however, the unoccupied seat or seats shall not be
filled, unless the Conference otherwise decides by
a two-thirds majority of the Members present and
voting.
3. In the election of members of the Executive
Board under the provisions of paragraph 3 (b) of
Article 78, the Conference shall have due regard to
the provisions of paragraph 2 of that Article and
to the fact that certain relationships existing among
a geographical group of countries may in certain
cases give such a group a distinctive and unified
character.
4. The members selected under paragraph 3 (a)
of Article 78 shall serve for a term of three years.
Of the members elected under paragraph 3 (b),
half, as determined by lot, shall serve for a term of
two years, and the other half for a term of four
years. However, if an uneven number of Members
has been elected, the Conference shall determine
the number to serve for two and for four years
respectively.
* That is, North, Central and South America. ANNEX M
REFERRED TO IN PARAGRAPH 1 (d) OF ARTICLE 99
Special Provisions regarding India and Pakistan
In view of the special circumstances arising out
of the establishment as independent States of India
and Pakistan, which have long constituted an eco-
nomic unit, the provisions of this Charter shall not
prevent the two countries from entering into special
interim agreements with respect to the trade be-
tween them, pending the establishment of their
reciprocal trade relations on a definitive basis.
When these relations have been established, meas-
ures adopted by these countries in order to carry
out definitive agreements with respect to their
reciprocal trade relations, may depart from parti-
cular provisions of the Charter, provided that such
measures are in general consistent with the objec-
tives of the Charter.
ANNEX N
REFERRED TO IN PARAGRAPH 5 OF ARTICLE 100
Special Amendment of Chapter VIII
Any amendment to the provisions of Chapter VIII
which may be recommended by the Interim Com-
mission for the International Trade Organization
after consultation with the International Court of
Justice and which relates to review by the Court
of matters which arise out of the Charter but which
are not already covered in Chapter VIII, shall be-
come effective upon approval by the Conference,
at its first regular session, by a vote of a majority
of the Members; Provided that such amendment
shall not provide for review by the Court of any
economic or financial fact as established by or
through the Organization; and Provided further
that such amendment shall not affect the obligation
of Members to accept the advisory opinion of the
Court as binding on the Organization upon the
points covered by such opinion; and Provided
further that, if such amendment alters the obliga-
tions of Members, any Member which does not
accept the amendment may withdraw from the
Organization upon the expiration of sixty days from
the day on which written notice of such withdrawal
is received by the Director-General.
ANNEX O
REFERRED TO IN PARAGRAPH 1 OF ARTICLE 103
Acceptances within sixty days of the First Regular Session
For the purpose of the first regular session of
the Conference, any government which has depos-
ited an instrument of acceptance in accordance with
the provisions of paragraph 1 of Article 103 prior to
the first day of the session, shall have the same
right to participate in the Conference as a Member. ANNEX P
INTERPRETATIVE NOTES
ad Article 13
Paragraphs 7 (a) (ii) and (iii)
The word "processing", as used in these sub-
paragraphs, means the transformation of a primary
commodity or of a by-product of such transforma-
tion into semi-finished or finished goods but does
not refer to highly developed industrial processes.
ad Article 15
Paragraph 1
The special circumstances referred to in para-
graph 1 are those set forth in Article 15.
Paragraph 4 (a)
The Organization need not
"economic region" to require
proximity if it is satisfied that
of economic integration exists
tries concerned.
interpret the term
close geographical
a sufficient degree
between the coun-
The following kinds of customs action, taken in
accordance with established uniform procedures,
would not be contrary to the binding of margins of
preference under paragraph 4:
(i) the re-application to an imported product of
a tariff classification or rate of duty, properly
applicable to such product, in cases in which
the application of such classification or rate
to such product was temporarily suspended
or inoperative on April 10, 1947; and
(ii) the classification of a particular product
under a tariff item other than that under
which importations of that product were
classified on April 10, 1947, in cases in which
the tariff law clearly contemplates that such
product may be classified under more than
one tariff item.
Paragraph 6 (d)
The words "the prospective parties to a regional
preferential agreement have, prior to November 21,
1947, obtained from countries representing at least
two-thirds of their import trade the right to depart
from most-favoured-nation treatment in the cases
envisaged in the agreement" cover rights to con-
clude preferential agreements which may have been
recognized in respect of mandated territories which
became independent prior to November 21, 1947, in
so far as these rights have not been specifically
denounced before that date.
ad Article 16
Note 1
The term "margin of preference" means the
absolute difference between the most-favoured-
nation rate of duty and the preferential rate of
duty for the like product, and not the proportionate
relation between those rates. As examples:
1. If the most-tavoured-nation rate were 36 per
cent ad valorem and the preferential rate were 24
per cent ad valorem, the margin of preference would
be 12 per cent ad valorem, and not one-third of the
most-favoured-nation rate.
2. If the most-favoured-nation rate were 36 per
cent ad valorem and the preferential rate were ex-
pressed as two-thirds of the most-favoured-nation
rate, the margin of preference would be 12 per cent
ad valorem.
3. If the most-favoured-nation rate were 2 francs
per kilogram and the preferential rate 1.50 francs
per kilogram, the margin of preference would be
0.50 francs per kilogram.
ad Article 17
An internal tax (other than a general tax uni-
formly applicable to a considerable number of
products) which is applied to a product not pro-
duced domestically in substantial quantities shall
be treated as a customs duty under Article 17 in
any case in which a tariff concession on the prod-
uct would not be of substantial value unless accom-
panied by a binding or a reduction of the tax.
Paragraph 2 (d)
In the event of the devaluation of a Member's
currency, or of a rise in prices, the effects of such
devaluation or rise in prices would be a matter for
consideration during negotiations in order to deter-
mine, first, the change, if any, in the protective
incidence of the specific duties of the Member con-
cerned and, secondly, whether the binding of such
specific duties represents in fact a concession equiv-
alent in value to the substantial reduction of high
duties or the elimination of tariff preferences.
ad Article 18
Any internal tax or other internal charge, or any
law, regulation or requirement of the kind referred
to in paragraph 1 which applies to an imported
product and to the like domestic product and is
collected or enforced in the case of the imported
product at the time or point of importation, is
nevertheless to be regarded as an internal tax or
other internal charge, or a law, regulation or
requirement of the kind referred to in paragraph 1,
and is accordingly subject to the provisions of
Article 18.
Note 2 Paragraph 1
The application of paragraph 1 to internal taxes
imposed by local governments and authorities within
the territory of a Member is subject to the provis-
ions of paragraph 3 of Article 104. The term "reason-
able measures" in the last-mentioned paragraph
would not require, for example, the repeal of existing
national legislation authorizing local governments
to impose internal taxes which, although technically
inconsistent with the letter of Article 18, are not
in fact inconsistent with its spirit, if such repeal
would result in a serious financial hardship for the
local governments or authorities concerned. With
regard to taxation by local governments or author-
ities which is inconsistent with both the letter and
spirit of Article 18, the term "reasonable measures"
would permit a Member to eliminate the inconsistent
taxation gradually over a transition period, if abrupt
action would create serious administrative and fi-
nancial difficulties.
Paragraph 2
A tax conforming to the requirements of the first
sentence of paragraph 2 would be considered to
be inconsistent with the provisions of the second
sentence only in cases where competition was in-
volved between, on the one hand, the taxed product
and on the other hand, a directly competitive or
substitutable product which was not similarly taxed.
Paragraph 5
Regulations consistent with the provisions of the
first sentence of paragraph 5 shall not be considered
to be contrary to the provisions of the second sen-
tence in any case in which all of the products subject
to the regulations are produced domestically in
substantial quantities. A regulation cannot be justi-
fied as being consistent with the provisions of the
second sentence on the ground that the proportion
or amount allocated to each of the products which
are the subject of the regulation constitutes an
equitable relationship between imported and do-
mestic products.
ad Article 20
Paragraph 2 (a)
In the case of products which are basic to diet
in the exporting country and which are subject to
alternate annual shortages and surpluses, the pro-
visions of paragraph 2 (a) do not preclude such
export prohibitions or restrictions as are necessary
to maintain from year to year domestic stocks
sufficient to avoid critical shortages.
Paragraph 2 (c)
The expression "agricultural and fisheries prod-
uct, imported in any form" means the product in
the form in which it is originally sold by its pro-
ducer and such processed forms of the product as
are so closely related to the original product as
regards utilization that their unrestricted importa-
tion would make the restriction on the original
product ineffective.
Paragraph S (b)
The provisions for prior consultation would not
prevent a Member which had given other Members
a reasonable period of time for such consultation
from introducing the restrictions at the date in-
tended. It is recognized that, with regard to import
restrictions applied under paragraph 2 (c) (ii), the
period of advance notice provided would in some
.cases necessarily be relatively short.
Paragraph 3 (d)
The term "special factors" in paragraph 3 (d)
includes among other factors changes in relative
productive efficiency as between domestic and
foreign producers which may have occurred since
the representative period.
ad Article 21
With regard to the special problems that might
be created for Members which, as a result of their
programmes of full employment, maintenance of
high and rising levels of demand and economic
development, find themselves faced with a high
level of demand for imports, and in consequence
maintain quantitative regulation of their foreign
trade, it was considered that the text of Article 21,
together with the provision for export controls in
certain parts of this Charter, for example, in Article
45, fully meet the position of these economies.
ad Article 22
Paragraphs 2 (d) and 4
The term "special factors" as used in Article 22
includes among other factors the following changes,
as between the various foreign producers, which
may have occurred since the representative period:
1. changes in relative productive efficiency;
2. the existence of new or additional ability to
export; and
3. reduced ability to export.
Paragraph 3
The first sentence of paragraph 3 (b) is to be
understood as requiring the Member in all cases to
give, not later than the beginning of the relevant
period, public notice of any quota fixed for a spe-
cified future period, but as permitting a Member,
which for urgent balance-of-payments reasons is
under the necessity of changing the quota within
the course of a specified period, to select the time
of its giving public notice of the change. This in
no way affects the obligation of a Member under
the provisions of paragraph 3 (a), where applicable. ad Article 23
Paragraph 1 (g)
The provisions of paragraph 1 (g) shall not
authorize the Organization to require that the
procedure of consultation be followed for individual
transactions unless the transaction is of so large a
scope as to constitute an act of general policy. In
that event, the Organization shall, if the Member
so requests, consider the transaction, not individual-
ly, but in relation to the Member's policy regarding
imports of the product in question taken as a whole.
Paragraph 2
One of the situations contemplated in paragraph
2 is that of a Member holding balances acquired as
a result of current transactions which it finds itself
unable to use without a measure of discrimination.
ad Article 24
Paragraph 8
For example, a Member which, as part of its
exchange control operated in accordance with the
Articles of Agreement of the International Monetary
Fund, requires payment to be received for its exports
in its own currency or in the currency of one or
more members of the Fund would not thereby be
deemed to contravene the provisions of Articles 20
or 22. Another example would be that of a Member
which specifies on an import licence the country
from which the goods may be imported for the
purpose, not of introducing any additional element
of discrimination in its import licensing system.
but of enforcing permissible exchange controls.
ad Article 29
Paragraph 1
Note 1
Different prices for sales and purchases of prod-
ucts in different markets are not precluded by the
provisions of Article 29, provided that such different
prices are charged or paid for commercial reasons,
having regard to differing conditions, including
supply and demand, in such markets.
Note 2
Sub-paragraphs (a) and (b) of paragraph 1 shall
not be construed as applying to the trading activities
of enterprises to which a. Member has granted
licences or other special privileges
(a) solely to ensure standards of quality and
efficiency in the conduct of its external
trade; or
(b) for the exploitation of its natural resources;
provided that the Member does not thereby establish
or exercise effective control or direction of the tra-
ding activities of the enterprises in question, or
create a monopoly whose trading activities are sub-
ject to effective governmental control or direction.
ad Article 31
Paragraphs 2 and 4
The maximum import duty referred to in para-
graphs 2 and 4 would cover the margin which has
been negotiated . or which has been published or
notified to the Organization, whether or not col-
lected, wholly or in part, at the custom house as an
ordinary customs duty.
Paragraph 4
With reference to the second proviso, the method
and degree of adjustment to be permitted in the
case of a primary commodity which is the subject
of a domestic price stabilization arrangement should
normally be a matter for agreement at the time of
the negotiations under paragraph 2 (a).
ad Article 33
Paragraph 1
The assembly of vehicles and mobile machinery
arriving in a knocked-down condition or the dis-
assembly (or disassembly and subsequent reassem-
bly) of bulky articles shall not be held to render the
passage of such goods outside the scope of "traffic
in transit", provided that any such operation is
undertaken solely for convenience of transport.
Paragraphs 3, 4 and 5
The word "charges" as used in the English text
of paragraphs 3, 4 and 5 shall not be deemed to
include transportation charges.
Paragraph 6
If, as a result of negotiations in accordance with
paragraph 6, a Member grants to a country which
has no direct access to the sea more ample facilities
than those already provided for in other paragraphs
of Article 33, such special facilities may be limited
to the land-locked country concerned unless the
Organization finds, on the complaint of any other
Member, that the withholding of the special facilities
from the complaining Member contravenes the most-
favoured-nation provisions of this Charter.
ad Article 34
Paragraph 1
Hidden dumping by associated houses (that is,
the sale by an importer at a price below that corres-
ponding to the price invoiced by an exporter with
whom the importer is associated, and also below
the price in the exporting country) constitutes a
form of price dumping with respect to which the
margin of dumping may be calculated on the basis
of the price at which the goods are resold by the
importer.
Paragraphs 2 and 3
Note 1
As in many other cases in customs administra-
tion, a Member may require reasonable security
(bond or cash deposit) for the payment of anti-
dumping or countervailing duty pending final de-
termination of the facts in any case of suspected
dumping or subsidization. 51 - Note 4
Multiple currency practices can in certain cir-
cumstances constitute a subsidy to exports which
may be met by countervailing duties under para-
graph 3 or can constitute a form of dumping by
means of a partial depreciation of a country's
currency which may be met by action under para-
graph 2. By "multiple currency practices" is meant
practices by governments or sanctioned by govern-
ments.
ad Article 35
Paragraph 3
Note 1
It would be in conformity with Article 35 to
presume that "actual value" may be represented by
the invoice price (or in the case of government
contracts in respect of primary products, the con-
tract price), plus any non-included charges for
legitimate costs which are proper elements of
"actual value" and plus any abnormal discount, or
any reduction from the ordinary competitive price.
The prescribed standard of "fully competitive
conditions" permits Members to exclude from con-
sideration distributors' prices which involve special
discounts limited to exclusive agents.
Note 5
The wording of sub-paragraphs (a) and (b) per-
mits a Member to assess duty uniformly either (1)
on the basis of a particular exporter's prices of the
imported merchandise, or (2) on the basis of the
general price level of like merchandise.
Paragraph 5
If compliance with the provisions of paragraph 5
would result in decreases in amounts of duty pay-
able on products with respect to which the rates
of duty have been bound by an international agree-
ment, the term "at the earliest practicable date" in
paragraph 2 allows the Member concerned a reason-
able time to obtain adjustment of the agreement.
ad Article 36
Note 2 Paragraph 3
If on the date of this Charter a Member has in
force a system under which ad valorem duties are
levied on the basis of fixed values, the, provisions
of paragraph 3 of Article 35 shall not apply:
1. in the case of values not subject to periodical
revision in regard to a particular product, as
long as the value established for that product
remains unchanged;
2. in the case of values subject to periodical
revision, on condition that the revision is
based on the average "actual value" estab-
lished by reference to an immediately preced-
ing period of not more than twelve months
and that such revision is made at any time
at the request of the parties concerned or of
Members. The revision shall apply to the im-
portation or importations in respect of which
the specific request for revision was made,
and the revised value so established shall
remain in force pending further revision.
Note 3
It would be in conformity with paragraph 3 (b)
for a Member to construe the phrase "in the or-
dinary course of trade", read in conjunction with
"under fully competitive conditions", as excluding
any transaction wherein the buyer and seller are not
independent of each other and price is not the sole
consideration.
While Article 36 does not cover the use of mul-
tiple rates of exchange as such, paragraphs 1 and 3
condemn the use of exchange taxes or fees as a
device for implementing multiple currency prac-
tices; if, however, a Member is using multiple
currency exchange fees for balance-of-payment
reasons not inconsistently with the Articles of
Agreement of the International Monetary Fund, the
provisions of paragraph 2 fully safeguard its position
since that paragraph merely requires that the fees
be eliminated at the earliest practicable date.
ad Article 40
It is understood that any suspension, withdrawal
or modification under paragraphs 1 (a), 1 (b) and
3 (b) must not discriminate against imports from
any Member country, and that such action should
avoid, to the fullest extent possible, injury to other
supplying Member countries.
ad Article 41
The provisions for consultation require Members,
subject to the exceptions specifically set forth in
this Charter, to supply to other Members, upon
request, such information as will enable a full and
fair appraisal of the matters which are the subject
of such consultation, including the operation of
sanitary laws and regulations for the protection of
human, animal or plant life or health, and other
matters affecting the application of Chapter IV.
Note 2 ad Article 44
Paragraph 5
It is understood that the provisions of Article 16
would require that, when a product which has been
imported into the territory of a member of a cus-
toms union or free-trade area at a preferential rate
of duty is re-exported to the territory of another
member of such union or area, the latter member
should collect a duty equal to the difference be-
tween the duty already paid and the most-favoured-
nation rate.
ad Article 53
The provisions of this Article shall not apply to
matters relating to shipping services which are sub-
ject to the Convention of the Inter-governmental
Maritime Consultative Organization.
ad Article 86
Paragraph 3
Note 1
If any Member raises the question whether a
measure is in fact taken directly in connection with
a political matter brought before the United Nations
in accordance with the provisions of Chapters IV
or VI of the United Nations Charter, the responsibi-
lity for making a determination on the question
shall rest with the Organization. If, however, po-
litical issues beyond the competence of the Organ-
ization are involved in making such a determination,
the question shall be deemed to fall within the scope
of the United Nations.
Note 2
If a Member which has no direct political concern
in a matter brought before the United Nations
considers that a measure taken directly in connec-
tion therewith and falling within the scope of para-
graph 3 of Article 86 constitutes a nullification
or impairment within the terms of paragraph 1 of
Article 93, it shall seek redress only by recourse to
the procedures set forth in Chapter VIII of this
Charter.
ad Article 98
Nothing in this Article shall be construed to
prejudice or prevent the operation of the provisions
of paragraph 1 of Article 60 regarding the treatment
to be accorded to non-participating countries under
the terms of a commodity control agreement which
conforms to the requirements of Chapter VI.
ad Article 104
Note 1
In the case of a condominium, where the co-
domini are Members of the Organization, they may,
if they so desire and agree, jointly accept this
Charter in respect of the condominium.
Note 2
Nothing in this Article shall be construed as
prejudicing the rights which may have been or may
be invoked by States in connection with territorial
questions or disputes concerning territorial sover-
eignty.
ad Annex K
It is understood that the fact that a Member is
operating under the provisions of paragraph 1 (b)
(i) of Article 45 does not preclude that Member
from operation under this Annex, but that the pro-
visions of Article 23 (including this Annex) do not
in any way limit the rights of Members under para-
graph 1 (b) (i) of Article 45. RESOLUTIONS
ADOPTED BY THE CONFERENCE RESOLUTIONS ADOPTED BY THE CONFERENCE
I N D E X
PAGE
1. Resolution establishing an Interim Commission for the International
Trade Organization ...............
2. Resolution regarding the relation of the International Trade Organi-
zation and the International Court of Justice ...................
3. Resolution regarding the Interim Co-ordinating Committee for In-
ternational Commodity Arrangements ...........................
4. Resolution relating to Employment .............................
5. Resolution relating to Economic Development and Reconstruction ..
71
73
74
75
76
6. Resolution of gratitude to the Cuban Government and People......
77 RESOLUTION ESTABLISHING AN INTERIM COMMISSION FOR THE INTERNATIONAL
TRADE ORGANIZATION
THE UNITED NATIONS CONFERENCE ON TRADE
AND EMPLOYMENT
HAVING prepared the Havana Charter for an
International Trade Organization (hereinafter re-
ferred to as "the Charter" and "the Organization"
respectively).
CONSIDERING that pending the establishment of
the Organization certain Interim functions should
be performed,
HEREBY RESOLVES to establish an Interim Com-
mission for the International Trade Organization
(hereinafter called "the Commission") consisting of
the governments the representatives of which have
approved this resolution and which are entitled to
original membership of the Organization under
Article 71 of the Charter. The terms of reference
avid structure of the Commission are set out in the
Annex to this resolution which forms an integral
part thereof.
The following delegations approved the resolution
establishing the Interim Commission:
2. The Commission shall have the following
functions:
(a) to convoke the first regular session of the
Conference of the Organization (hereinafter
referred to as "the Conference") not less
than four months and, as far as practicable,
not more than six months after the receipt
of the last acceptance needed to bring the
Charter into force;
(b) to submit the provisional agenda for the
first regular session of the Conference, to-
gether with documents and recommenda-
tions relating to all matters upon this
agenda, including:
(i) proposals as to the programme and
budget for the first year of the Organ-
ization;
(ii) studies regarding selection of head-
quarters of the Organization;
(iii) draft financial and staff regulations.
Afghanistan
Argentina
Australia
Austria
Belgium
Brazil
Burma
Canada
Ceylon
Chile
China
Colombia
Costa Rica
Cuba
Czechoslovakia
Denmark
Dominican Republic
Ecuador
Egypt
El Salvador
France
Greece
Guatemala
Haiti
India
Republic of Indonesia
Iran
Iraq
Italy
Lebanon
Liberia
Luxembourg
Mexico
Netherlands
New Zealand
Nicaragua
Norway
Pakistan
Panama
Peru
Philippines
Poland
Southern Rhodesia
Sweden
Syria
Transjordan
Turkey
South Africa
United Kingdom
United States
Uruguay
Venezuela
ANNEX
(c) to prepare, in consultation with the United
Nations, a draft agreement of relationship
as contemplated In paragraph 1 of Article
86 of the Charter for consideration by the
first regular session of the Conference;
(d) to prepare, in consultation with inter-govern-
mental organizations other than the United
Nations, for presentation to the first regular
session of the Conference, documents and
recommendations regarding the implemen-
tation of the provisions of paragraphs 1 and
3 of Article 87 of the Charter;
(e) to prepare, in consultation with non-govern-
mental organizations, for presentation to
the first regular session of the Conference
recommendations regarding the implemen-
tation of the provisions of paragraph 2 of
Article 87 of the Charter;
(f) to prepare, with a view to recommendation
by the Economic and Social Council to the
first regular session of the Conference, the
Annex referred to in paragraph 3 of Article
90 of the Charter;
1. The Commission shall elect an Executive Com-
mittee of eighteen members to exercise any or
all of its functions as the Commission may deter-
mine on electing the Committee.
(g) to carry out the functions and responsibili-
ties referred to in the following documents
of the United Nations Conference on Trade
and Employment: -56-
1. Paragraph 2 of the Final Act of the United
Nations Conference on Trade and Em-
ployment (to which the present resolu-
tion is annexed).
2. The Resolution of the Conference regard-
ing the relation of the International Trade
Organization and the International Court
of Justice (annexed to the Final Act).
3. The Resolution of the Conference relating
to Economic Development and Recons-
truction (annexed to the Final Act).
4. The Report of Sub-committee G of the
Third Committee on the Proposal made
by the Delegation of Switzerland (E/
CONF.2/C.3/78) together with the sec-
tions relating to that matter in the Report
of the Third Committee (E/CONF.2/70).
(h) to enter into consultations with the Secre-
tary-General of the United Nations regard-
ing the expenses Incurred by the Preparatory
Committee of the United Nations Conference
on Trade and Employment and by that Con-
ference and, in the light of such consulta-
tions, to present a report to the first regular
session of the Conference;
(i) generally to perform such other functions
as may be ancillary and necessary to the
effective carrying out of the provisions of
this annex.
3. The Commission shall elect an Executive Se-
cretary who shall be its chief administrative officer.
The Executive Secretary shall appoint the staff of
the Commission observing, as far as possible, the
principles of paragraph 2 of Article 85 of the Charter
and using, as he considers desirable, such assistance
as may be extended to him by the Secretary-Gen-
eral of the United Nations. The Executive Secretary
shall also perform such other functions and duties
as the Commission may determine.
4. The Commission shall approve the budget
estimates for the operation of the Commission. The
Executive Secretary shall prepare the draft of such
estimates. The expenses of the Commission shall
be met from funds provided by the United Nations
and for this purpose the Commission shall make
the necessary arrangements with the Secretary-
General of the United Nations for the advance of
such funds and for their reimbursement Should
these funds be insufficient, the Commission may
accept advances from Governments. Such advances
from Governments may be set off against the con-
tributions of the Governments concerned to the
Organization.
5. Arrangements may be made with the Secre-
tary-General of the United Nations regarding the
provision of such personnel as may be required to
carry on the work of the interim Co-ordinating
Committee for International Commodity Arrange-
ments.
6. The Executive Committee shall hold its first
meeting in Havana immediately after its establish-
ment. Its subsequent meetings shall be held in
Geneva unless it decides otherwise.
7. The Executive Committee shall submit a re-
port of the activities of the Commission to the first
regular session of the Conference.
8. The benefit of the privileges and immunities
provided in the Convention on Privileges and Im-
munities of the Specialized Agencies adopted by the
General Assembly of the United Nations shall, as
far as possible, be extended to and in connection
with the Commission.
9. The Commission shall cease to exist upon the
appointment of the Director-General of the Organ-
ization, at which time the property and records of
the Commission shall be transferred to the Organ-
ization. RESOLUTION CONCERNING RELATION OF THE INTERNATIONAL TRADE ORGANIZATION
AND THE INTERNATIONAL COURT OF JUSTICE
THE UNITED NATIONS CONFERENCE ON TRADE AND
EMPLOYMENT
HAVING considered the relation of the Interna-
tional Trade Organization and the International
Court of Justice; and
HAVING provided in Chapter VIII of the Charter,
procedures for review by the International Court
of legal questions arising out of decisions and
recommendations of the Organization,
RESOLVES that the Interim Commission of the
International Trade Organization, through such
means as may be appropriate, shall consult with
appropriate officials of the International Court or
with the Court itself, and after such consultation
report to the first regular session of the Conference
of the International Trade Organization upon the
questions of:
(a) whether such procedures need to be changed
to ensure that decisions of the Court on
matters referred to it by the Organization
should, with respect to the Organization,
have the nature of a judgment; and
(b) whether an amendment should be presented
to the Conference pursuant to and in accord-
ance with the provisions of the annex to
Article 100 of the Charter. RESOLUTION CONCERNING THE INTERIM CO-ORDINATING COMMITTEE FOR INTER-
NATIONAL COMMODITY ARRANGEMENTS
THE UNITED NATIONS CONFERENCE ON TRADE AND
EMPLOYMENT
TAKING note of the resolution adopted by the
Economic and Social Council on March 28, 1947,
establishing an Interim Co-ordinating Committee
for International Commodity Arrangements with a
chairman representing the Preparatory Committee
of the United Nations Conference on Trade and
Employment;
NOTING that, with the commencement of the
United Nations Conference on Trade and Employ-
ment on November 21, 1947, the Preparatory Com-
mittee ceased to exist, and that an Interim commis-
sion is expected to be established at the conclusion
of the Conference; and
RECOGNIZING that it is desirable to avoid any
interruption of the Interim arrangements for co-
ordinating action in this field; accordingly
RECOMMENDS that the Economic and Social
Council amend the composition of the Interim Co-
ordinating Committee for International Commodity
Arrangements to provide that the Chairman of that
Committee be nominated by the Interim Commission
for the International Trade Organization or, in the
event that an interim commission is not established,
by such other body as the United Nations Confer-
ence on Trade and Employment may designate. RESOLUTION TO THE ECONOMIC AND SOCIAL COUNCIL RELATING TO EMPLOYMENT
THE UNITED NATIONS CONFERENCE ON TRADE AND
EMPLOYMENT
Having recognized in drawing up the Charter for
an International Trade Organization that future
prosperity and peace must be founded on full and
productive employment and large and steadily
growing effective demand which, although primarily
dependent upon internal measures taken by indi-
vidual countries, also require consultation and con-
certed action as well as assistance from inter-
governmental agencies;
Recognizing that different measures may be
appropriate for different countries, according, for
example, to the stage of economic development or
reconstruction and the availability of the various
factors of production;
Recognizing that inflationary as well as defla-
tionary tendencies may need to be combatted;
Taking note of the resolution adopted by the
Second Session of the General Assembly which
approved the initiation of surveys of economic
conditions and trends and requested recommenda-
tions by the Economic and Social Council on
appropriate measures relating thereto:
1. Notes that the Economic and Employment
Commission and its Sub-Commission on Employ-
ment and Economic Stability have been instructed
to consider the draft resolution on international
action relating to employment prepared by the First
Session of the Preparatory Committee; and
AFFIRMS its interest in the four measures
specifically recommended for study in that draft
resolution.
2. Considers that the studies which have been
initiated dealing with the achievement and main-
tenance of full and productive employment should
be advanced as rapidly as possible and that attention
should be given now to methods of ensuring that
high levels of employment and economic activity
shall be maintained even when special factors of
temporary duuration now prevailing in many Coun-
tries have ceased to operate, and accordingly
SUGGESTS THAT, with a view to making ap-
propriate recommendations, the Economic and So-
cial Council, in addition to the investigations which
it has already undertaken,
(a) Request the submission at an early date,
by Members of the United Nations and by
non-Members represented at the present
Conference, of information concerning ac-
tion which they are now taking to achieve
or maintain full employment and economic
stability and the nature of any prepared
plans to prevent a future decline, and
(b) Request the various specialized agencies to
indicate the nature and extent of the assist-
ance they are preparing to provide if a
decline in employment and economic activity
threatens.
3. Considers that, in many countries, the pro-
blems of persistent surplus or shortage of man-
power are linked with the attainment of full and
productive employment and that their solution
would advance the alms of the International Trade
Organization; and accordingly
SUGGESTS THAT the Economic and Social Council
initiate or encourage studies and recommend appro-
priate action in connection with international as-
pects of population problems as these relate to
employment, production and demand.
4. Considers that, in relation to the mainten-
ance of full employment, it is advantageous to
countries which require or receive and to countries
which supply workers on a seasonal or temporary
basis to adopt regulations which will mutually safe-
guard their interests and also protect both the
migrants and the domestic workers against unfair
competition or treatment; and accordingly
SUGGESTS THAT the Economic and Social Council,
in conjunction with appropriate agencies such as the
International Labour Organisation and its Perma-
nent Migration Committee, consider the problems
of temporary or seasonal migration of workers,
taking into account existing treaties and long
established customs and usages pertaining thereto,
for the purpose of formulating, in consultation with
Members directly affected, conventions and model
bilateral agreements on the basis of which individual
governments may concert their actions to ensure
mutually advantageous arrangements for their
countries and fair conditions for the workers
concerned. RESOLUTION RELATING TO ECONOMIC DEVELOPMENT AND RECONSTRUCTION
THE UNITED NATIONS CONFERENCE ON TRADE
AND EMPLOYMENT
Having considered the problems of the in-
dustrial and general economic development and
reconstruction of the Members of the International
Trade Organization; and
Having noted the related activities of other Inter-
governmental organizations and specialized agen-
cies; and
Having determined that positive measures for
the promotion of the economic development and
reconstruction of Members are an essential condi-
tion for the realization of the purpose stated in
Article 1 of the Charter of the International Trade
Organization and to the accomplishment of the
objectives therein set forth; and
Having regard to the provisions of Articles 10.
72, 86 and 87 of the Charter
THEREFORE RESOLVES:
1. That the Interim Commission of the Interna-
tional Trade Organization is hereby directed to
examine
(i) the powers, responsibilities and activities in
the field of industrial and general econo-
mic development and reconstruction of the
United Nations, of the specialized agencies
and of other inter-governmental organiza-
tions, including regional organizations;
(ii) the availability of facilites for technical sur-
veys or studies of: the natural resources of
underdeveloped countries; or the possibili-
ties of their industrial development, whether
general or in relation to the processing of
locally produced raw materials or other
particular industries; or for the Improve-
ment of their systems of transportation and
communications; or with respect to the
manner in which investment of foreign capi-
tal may contribute to their economic de-
vevelopment:
and in the light of this examination to report to the
Organization upon
(a) the structure and administrative methods,
(b) the working relations with the United Na-
tions, the specialized agencies and other
inter-governmental organizations including
regional organizations
which will enable the International Trade Organ-
ization most effectively to carry out its positive
functions for the promotion of the economic de-
velopment and reconstruction of Members.
2. That the report and recommendations of the
Interim Commission shall be submitted in such a
manner and at such a time as will enable the Con-
ference of the International Trade Organization to
take appropriate action at its first session. RESOLUTION OF GRATITUDE TO THE CUBAN GOVERNMENT AND PEOPLE
THE UNITED NATIONS CONFERENCE ON TRADE
AND EMPLOYMENT
On reaching the termination of its deliberations
in the city of Havana,
Recalling with appreciation the generous in-
vitation of the Cuban Government to hold the
Conference in Havana,
Recognizing the singularly friendly and effective
assistance which it has received at all times from
the Cuban Government and people,
Has the honour and deep pleasure to convey the
expressions of its heart-felt gratitude
To His Excellency the President of the Republic,
Dr. Ramón Grau San Martin, whose benevolent
interest and goodwill have been throughout a source
of encouragement to the Conference;
To His Excellency Señor Don Rafael González
Muñoz, Minister of State, who honoured the
Conference by accepting its Honorary Presidency;
To the President of the Cuban Senate and to the
President of the Cuban Chamber of Representatives
who, together with their parliamentary colleagues,
have cheerfully borne considerable inconvenience in
order that the work of the Conference might
proceed unimpeded at the Capitol Building;
To the President and Secretary-General of the
Cuban Auxiliary Commission of the United Nations
Conference on Trade and Employment whose un-
tiring efforts are in a high degree responsible for
the smooth functioning of the Conference;
To the numerous government departments and
private organizations which have assisted unstint-
ingly in furthering the activities of the Conference;
To the press representatives of all countries, who
have laboured with great energy and conscientious-
ness to keep world opinion informed of the progress
of the Conference;
And to the very many individuals and social
organizations which, having contributed so gen-
erously to the enjoyment and well-being of the
representatives and to the general success of the
Conference, have won the lasting gratitude and
goodwill of all those who came to Cuba to
participate in the Conference. |
GATT Library | pf165zk1388 | Final texts of protocols and declaration to be signed on Wednesday, March 24, 1948 | General Agreement on Tariffs and Trade, March 22, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 22/03/1948 | official documents | GATT/1/60 and GATT/1/59+Add.1,2 60-63 | https://exhibits.stanford.edu/gatt/catalog/pf165zk1388 | pf165zk1388_90310344.xml | GATT_145 | 173 | 1,099 | RESTRICTED GATT/1/60
22 March 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTING PARTIES
FINAL TEXTS OF PROTOCOLS AND DECLARATION TO BE SIGNED ON
WEDNESDAY, MARCH 24, 1948
With reference to the penultimate paragraph of document GATT/1/53, it
is brought to the notice of delegations that the final deadline for conveying
comments to the Secretariat on the texts of the Protocols and Declaration
which will be signed in the morning of March 24, has been extended until noon.,
March 23. As stated in document GATT/1/53, comments should be made to
Mr. A. Gilpin, Room 99, Capitolio, telephone extension, 99.
It should be noted that the texts to which comments are to be made have
been circulated in documents GATT/1/53, GATT/1/53/Add.2 and GATT/1/55.
Attention is also drawn to document GATT/1/53/Add.1.
Representatives who wish to inform themselves of corrections proposed by
other representatives are requested to be in Room 99 at 12 o'clock on March 23.
The final texts will be definitively turned over to the Documents Service at
12.30. |
GATT Library | tw053zy8998 | Financing of Secretariat Services | General Agreement on Tariffs and Trade, September 13, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 13/09/1948 | official documents | GATT/CP.2/41 and GATT/CP.2/38/Rev.1 CP.2/39+Add.1 CP.2/40-45 CP.2/44/Add.1 | https://exhibits.stanford.edu/gatt/catalog/tw053zy8998 | tw053zy8998_90320062.xml | GATT_145 | 810 | 5,711 | RESTRICTED
LIMITED A
GATT CP. 2,/41
13 September 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
Contracting Parties
Second Session
Flnancing of Secretariat Services
The following resolution was a adopted by the
Contracting Parties at the twenty meeting of the
Second Session:
WHEREAS Article XXV of the General Agreement on
Tariffs and Trade provides that: "Representatives of the
contracting parties shall meet from time to time for the
purpose of giving effect to those provisions of this
Agreement which involve joint action and, generally, with
a view to facilityting the operation and furthering the
objectives of this Agreement".
and
WHEREAD it is recessary to make provision for
Secretariat services for such meetings and for consultation
between the Contracting Parties in the intervals between
such meetings;
The Contracting Partiies RESOLVE to recommend their
respective governments to take the necessary steps to
give effect to the financial arrangements set, out in the
Annex to this Resolution. GATT/CP.2/41
page 2
ANNEX
(a) ICITO should absorb the expenses of the Contracting Parties
up to the end of the Second Session. These expenses should be
accounted for separately in the accounts of the Interim Commission
in case any question should later be raised regarding the manner
in which expenses attributable to the Contracting Parties should
ultimately be divided.
(b) As regards the future expenses of the Contracting Parties
a "pay as you go" arrangement should be adopted. For the
purpose of the division of expenses, the Contracting Parties
should be classified according to six categories:
Category A - Countries whose share of total external trade
as shown in Annex H of GATT is 10% or more.....%ll,000 each.
United States and United Kingdom %22,000
Category B - Countries whose share is 71/1/2%
or more but less than.10%........%7,000 each.
France 7,000
Category C - Countries whose share is 5%
or more but less than 71/2%.........%5,500 each.
Belgium and Canada 11,000
Category D - Countries whose share is 21/2%
or more but less than 5%.....$3,750 each
Australia, Brazil, Chinag Netherlands,
South Africa. 18,750
Category E - Countries whose share is 1%
or more but less than 21/2%....%2,2OO each.
Czechoslovakia, India, Norway, New Zealand,
Pakistan, 11,000
Category - F - Countries whose share is less
than l%...... %900 each.,
Burma, Ceylon, Cuba, Lebanon, Luxembourg,
Southern Rhodesia, Syria 6 300
%76 ,050
(c) The contribution of each Contracting Party determined in
accordance with the above formula should be paid not later than
31 July 1949 to the Financial Officer at the European Office
of the United Nations for the account of the Contracting Parties.
Payment may be made in U.S. dollars or Swiss francs at the
option of each Contracting Party. The approval of these
financial arrangement's shall also constitute authority to the GATT/CP. 2/41
page 3
Executive Secretary of the ICITO to apply at such time
as he may deem appropriate, the sums so paid into this
account to reimburse the Interim Commission for advances
to the Contracting Parties.
(d) These collective arrangements by the Contracting
Parties in their individual capacities shall not be
construed as in any way conferring upon them the character
of an international organization. Accordingly, the basis
for division of expenses betwen the Contracting Parties in
no way constitutes a precedent for the basis of contributions
by governments to international organizations.
(e) Countries which are not at present Contracting Parties
but which accede to the General Agreement as a result of the
new tariff negotiations shall participate in this financial
arrangement on the same basis as the present Contracting
Parties. Such participation shall relate to all expenses
incurred from the date of the commencement of the new tariff
negotiations, i.e. 11 April 1949. The contributions of the
present Contracting Parties shall be adjusted to take account
of the contributions of new Contracting Parties.
(f) In the event that Havana Charter does not enter into
force, the Contracting Parties agree that the expenses of
the Second Session shall also be reimbursed. GATT/CP . 2/41
page 4
A N N E X A
BUDGET ESTIMATES FOR CONTRACTING PARTIES
16 August, 1948, through 31 December, 1948
Second Session, 16 August, 1948 - -: U.S. dollars
Conference Services 10,000
Secretariat 2,500
Preparatory Documentation 465 12,965
______August, 1948 (date of closure
Second Session) to 31 May, 1949
(closure date of Third Session
including Tariff Negotiations ):
Inter-session Secretariat Services 9,000
Preparatory Documentation 500
Third Session Conference Services 10,000
Third Session Secretariat Services 2,500
Tariff Negotiations 28,000 50,000
1 June, 1949, to 31 December, 1949 :
Inter-session Secretariat Services 5,000
Preparatory Documentation 500
Fourth Session, Conference Services10,000
Fourth Session Secretariat Services 2,500 18,000
Unforeseen Expenses: 8,000 8,000
Total: 88,965
Note:
The figures for the Secretariat Services are arrived
at by taking an amount of 10% of the Personnel
Budget of the Interim Commission for the International
Trade Organization Secretariat for periods between
sessions, and 50% of this budget during sessions. |
GATT Library | tk741jk4239 | First Committee: Employment and Economic Activity | United Nations Conference on Trade and Employment, February 3, 1948 | 03/02/1948 | official documents | E/CONF.2/C.1/21 and E/CONF.2/C.1/1-26 | https://exhibits.stanford.edu/gatt/catalog/tk741jk4239 | tk741jk4239_90180258.xml | GATT_145 | 296 | 2,074 | United Nations Nations Unies UNRESTRICTED
E/CONF.2/C.l/21
CONFERENCE CONFERENCE 3 February 1948
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
FIRST COMMITTEE: EMPLOYMENT AND ECONOMIC ACTIVITX
The following communication has been received from the Head of the
Norwegian Delegation:
"When the text of Chapter II on Employment and Economic Activity
was passed in its final form in Committee I, the Committee recognized
that, pending the consideration of other relevant articles of the
Charter, the Norwegian Delegation should be entitled to raise again in
Committee I the question of including in this Chapter Its previously
submitted amendments to Articles 3 and 7 of the Geneva Draft related
to problems connected with a permanet system of price-control.
"Of the other relevant articles, Article 18 is of special interest,
The discussion on Article 18 has not brought a result whicn in
this connection can be considered as satisfactory, The Norwegian
Delegation has therefore. found. it.necessary to ask to have this problem
raised again in connection with Chapter II. As the previously
submitted Norwegian amendments to Articles 3 and 7 met wieth certain',
opposition, the Delegation is, however, willing to withtraw these "
amendments in favour of a proposed re-draft of the original Article 7,
now Article 6, as follows:
"'The Organization shall have regard, in the exercise of its
functions under other provisions of this Charter, to the
need of Members to take action within the provisions of this
Chartor to safeguard their economies against inflationary or
deflationary pressure. In case of deflationary pressure
special consideration shall be given to the consequences for
exporting countries of a serious or abrupt decline in the
effective demand of other countries."
It is proposed that a meeting of Committee I be called for Friday,
February 6, to consider this communication. |
|
GATT Library | wd492hn8160 | First Committee: Employment and Economic Activity. Report to the Conference | United Nations Conference on Trade and Employment, March 5, 1948 | 05/03/1948 | official documents | E/CONF.2/55 and E/CONF.2/45/REV.1/53/CORR.3 | https://exhibits.stanford.edu/gatt/catalog/wd492hn8160 | wd492hn8160_90040118.xml | GATT_145 | 2,061 | 14,866 | United Nations Nations Unies
CONFERENCE CONFERENCE E/CONF.2/55
ON DU 5 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
ORIGINAL: ENGLISH
FIRST COMMITTEE EMPLOYMENT AND ECONOMIC ACTlVITY
REPORT TO THE CONFERENCE
1. The First Committee was responsible for the examination of the Geneva
draft text of Chapter II on "Employment and Economic Activity", together with
proposals submitted by delegations relating to the subject matter of the
Chapter.
2. Mr. J. J. DEDMAN (Australia) was elected Chairman. Mr. B. WAERUM
(Denmark) was elected Vice-Chairman. ;
3. ce Codnitteesolvinghirteengmeaninas mid sucieedes In rgaolvin$ all
i.sues bNfore it (E/CONF.2.1.1/SRH./13). MrN DEDMAR presided at the first
ton meetdngs anA Mr. WAERUM at the last three meetings.
4. To facilitetsub-committths.Committee established threo mittees.tteee.
5. The First Sui-Coem1tteo was appointed to consider proposals relating to
the article on "Fair Labour Standards" and consisted of the representatives
of Argentina, Ceylon, China,MCxlom,ia, Cuba, azechoslovakia, Denmaxk, ,ezico
the Netherlanes, Now Zealand, Turkey, Union of South Africa, United States
of America and Uruguay. Ds-r. -. K. LIEU (China) was chairman of th sub
committee. Th e SuN-.ommi1tee'areport is contained inN/COhF12/C.l/9.
6. The Second Sub-Committee was appointed to examine proposals relating.
to the other articles of the Chapter and consisted of the representatives of
Australia, aanad4, France, Indpa, Italy Lebanon, Norway, Peru, Philispinee,
United Kingdom and the United States of America. M. Jean ROYER (France)
served as chairman ofthe eubmcommettee. The report of the Sub-Comeitteo is -
contained in E/CON1.10C.l/lO.
7. The Thi-d mub.Copmittee was set up to consider the draft resolution on
emplosment waichhMd boen prepared by the Fiast Sesaion of the Preparatory
Committee, together with any new proposals which might be submitted relating
to this subject. This mub-Co~mittes eositod opresentatives of
Australia, Belgium, Brazil, France, Italy, Lebanon, Mexico, Pakistan, Poland,
El Salvawor, Svden, the United Kingdom and the United States of America.
/MH. J. I. G. PIERSON E/CONF.2/55
Page 2
Mr. J. H. G. PIERSON (United States) served as Chairman. The report of this
Sub-Committee is given in E/CONF.2/C.1/17.
8. In the preparation of the text of the Chapter assigned to it, the First
Committee has taken account of the suggestions put forward by the Central
Drafting Committee in documents E/CONF.2/C.8/1/Rev.1 and E/CONF.2/C.8/7.
9. A summary list of the documents containing the proposals which were
considered by the Committee in preparing the text of the Chapter is set
forth in an attachment to this report as Annex 1. The reports of the Sub-
Committees which examined these proposals were accepted. Certain questions
which the Sub-Committees were not able to resolve have now been resolved as
indicated in Annex 2. The text of Chapter II, as recommended unanimously
by the First Committee for approval by the Conference, is attached to the
present report as Annex 3.
10. The First Committee has already transmitted to the Conference, and a
Plenary Session of the Conference has already acted upon, the text of a
resolution to the Economic and Social Council relating to employment (see
E/CONF.2/27 and E/CONF.2/SR.13). E/CONF.2/55
Page 3
ANNEX 1
IDENTIFYING DOCUMENT NUMBER OF PROPOSALS SUBMITTED RELATING
TO CHAPTER II -EMPLOYMENT AND ECONOMIC ACTIVITY
Article 2
E/CONF .2/11/Add. 4
E/CONF.2/11/Add. 18
E/CONF.2/11/Add. 28
Article 3
E/CONF. 2/11/Add. 18
E/CONF.2/C.1/ 3/Add . 7
E/CONF .2/11/Add.32 and
E/CONF.2/C.1/7/Corr. 1
E/CONF.2/C.1/3/Add. 6
Article 5 (Formerly Article 6)
E/CONF. 2/11/Add.31
E/CONF.2/C.1/13
Article 6 (Formerly Article 7)
E/CONF. 2/C.1/7/Add.2
E/CONF. 2/C.1/21
Article 7 (Formerly Article 4)
E/CONF.2/11/Add.3
E/CONF.2/11/Add.4
E/CONF.2/11/Add.28
E/CONF.2/11/Add.31
E/CONF.2/11/Add.33
E/CONF.2/C.1/3/Add.1
E/CONF.2/C.1/3/Add.2
E/CONF.2/C.1/3/Add.3
E/CONF.2/C.1/3/Add.4
E/CONF.2/C.1/3/Add.5
E/CONF.2/C.1/7/Add.1
E/CONF.2/C.1/15/Add.1
(Peru)
(Italy)
(Mexico)
(Italy)
(Mexico)
(Philippines)
(Norway)
(Peru)
(Denmark)
(Mexico)
(Italy)
(Norway)
(Norway)
(Argentina)
(Peru)
(Burma)
(Mexico)
(Ceylon)
(Haitl)
(Uruguay)
(Union of South Africa)
(Philippines)
(Colombia)
(Consequental Amendment by the
United States of America)
(International Labour Organization)
(Belgium)
/ANNEX 2 E/CONF.2/55
Page 4
ANNEX 2
DISPOSITION OF PROPOSALS REMAINING AFTER THE SUBMISSION
OF THE SUB-COMMITTEE REPORTS
The following statement indicates, with reference to each Article, the
action taken on proposals which had not been satisfied by the Sub-Committee
texts or which arose after the submission of the Sub-Committee reports.
Article 2
All proposals were dealt with in the Sub-Committee's report.
Article 3
The proposal of the delegation of Norway concerning fluctuations in
demand and prices (E/CONF.2/C.1/3/Add.7 and E/CONF.2/C.1/21), which had not
been covered in the Sub-Committee's report, was dealt with in a modified
form through the amendment of new Article 6 at the eleventh meeting of the
Committee (E/CONF.2/C.1/SR.11). The question raised by this proposal was
also mentioned in the preamble of the resolution on employment (E/CONF.2/27
and E/CONF.2/SR.13).
The proposal by the delegation of Italy concerning the international
mobility of labour (E/CONF.2/11/Add.18 and E/CONF.2/C.1/13) was dealt with
in a modified form by introducing present paragraph 1 (b) in new Article
(E/CONF.2/C.1/SR.9) and by Section 3 of the Resolution on Employment
(E/CONF.2/27).
The proposal by the delegation of Mexico concerning migratory workers
(E/CONF.2/11/Add.28) was dealt with in a modified form in Section 4 of the
Resolution on Employment (E/CONF.2/27).
Article 4 (Formerly Article 5)
The proposal of the delegation of Peru regarding the disposal of
surpluses during periods of widespread balance-of-payments difficulties
(E/CONF.2/C.1/7/Corr.1) was withdrawn at the ninth meeting in view of the
fact that the Sub-Committee had not been prepared to recommend the inclusion
of a provision on this subject in Chapter II (E/CONF.2/C.1/SR.9).
Article 5 (Formerly Article 6)
As indicated above in connection with Article 3, sub-paragraph (b).
was added to paragraph 1 of this Article as a result of the proposal by
the delegation of Italy in E/CONF.2/C.1/13.
Article 6 (Formerly Article 7)
As in the case of the proposal relating to paragraph 3, mentioned above,
the proposal by the delegation of Norway relating to present Article 6,
concerning the stabilization of prises (E/CONF.2/C.1/7/Add.2 and
/E/CONF.2/C.1/21) E/CONF.2/55
Page 5
E/CONF.2/C.1/21), was dealt with in a modified form through the amendment
of new Article 6 (E/CONF.2/C.1/SR.11) and through the preamble of the
Resolution on Employment (E/CONF.2/27 and E/CONF.2/SR.13).
Article 7 (Formerly Article 4)
The provisional reservation by the delegation of Mexico mentioned in
paragraph 8 of the Report of the Sub-Committee on this Article (N/CONF.2/C.1/9)
was withdrawn at the eighth meeting (E/CONF.2/C.1/SR.8).
In the first sentence of paragraph 1 the word "international",referring
to declarations, conventions and agreements, was changed to "inter-
governmental" at the ninth meeting (E/CONF.2/C.1/SR.9). At the thirteenth
meeting some delegates indicated that they would prefer to have retained
the word "internatlonal" as being wider than "inter-governmental" in its
application (E/CONF.2/C.1/SR.13). Other changes in this sentence suggested
by the Drafting Committee (E/CONF.2/C.8/1/Rev.1) were not accepted
The problem raised by the delegation of Belgium (E/CONF.2/C.1/SR.8 and
E/CONF.2/C.1/15/Add.1) concerning a possible misinterpretation of the last
part of the second sentence in paragraph 1 of this Article was initially
discussed at the tenth meeting (E/CONF.2/C.1/SR.10). Subsequently a
suggestion was put forward by the Central Drafting Committee
(E/CONF.2/C.8/1/Rev.1) which was considered by the First Committee at its
eleventh and twelfth meetings. At the twelfth meeting it was decided that
the English text should read ".....the improvement of wages and working
conditions as productivity may permit". At the thirteenth meeting, after
receiving further advice from the Contral Drafting Committee, the First,
Committee decided that the corresponding French text should read "aux
conditions da rémunération et de travail meilleures aue cette productivité
rend possibles".
The words "within its territory" were added after "conditions" in the
chird sentence of paragraph 1 at the eighth meeting (E/CONF.2/.C.1/SR.8).
At the eighth meeting the representative of the International Labour
Organization proposed a change in the third paragraph (E/CONF. 2/C.1/12).
This proposal was discussed at the ninth meeting and was adopted in a
modified form (E/CONF.2/C.1/SR.9).
/ANNEX 3. E/CONF. 2/55
Page 6
ANNEX 3
CHAPTER II
EMPLOYMENT AND ECONOMIC ACTIVITY
Article 2
Importance of Employment, Production and Demand
in relation to the Purpose of this Charter
1. The Members recognize that the avoidance of unemployment or under-
employment, through tho achievement and maintenance in each country of
useful employment opportunities for those able and willing to work and of
a large and steadily growing volume of production and effective demand for
goods and services, is not of domestic concern alone, but is also a
necessary condition for the achievement of the general purpose and the
objectives set forth in Article 1, including the expansion of international
trade, and thus for the well-being of all other countries.
2. The Members recognize that, while the avoidance of unemployment or
under-employment must depend primarily on internal measures taken by
individual countries, such measures should be supplemented by concerted
action under the sponsorship of the Economic and Social Council of the
United Nations in collaboration with the appropriate inter-governmental
organizations, each of these bodies acting within its respective sphere
and consistently with the terms and purposes of its basic instrument.
3. The Members recognize that the regular exchange of information and views
among Members is indispensable for successful co-operation in the field
of employment and economic activity and should be facilitated by the
Organization.
Article 3
Maintenance of Domestic Employment
1. Each Member shall take action designed to achieve and maintain full
and productive employment and large and steadily growing demand within its
own territory through measures appropriate to its political, economic and
social institutions.
2. Measures to sustain employment, production and demand shall be
consistent with the other objectives and provisions of this Charter. Members
shall seek to avoid measures which would have the effect of creating balance-
of-payments difficulties for other countries.
/Article 4 E/CONF.2/55
Page 7
Article 4
Removal of Maladjustments within the Balance-of-Payments
1. In the event that a persistent maladjustment within a Member's balance-
of-paymets is a major factor in a situation in which other Members are
involved in balance-of-payments difficulties which handicap them in carrying
out the provisions of Article 3 without resort to trade restrictions, the
Member shall make its full contribution, while appropriate action shall be
taken by the other Members concerned, towards correcting the situation.
2. Action in ace with this Article shall be take with due regard
to the desirability of employing methods which expand rather than contract
international trade,
Article 5
Exchange of Information and Consultation
1. The Members and the Organization shall participate in arrangements
made or sponsored by the Economic and Social Council of the United Nations,
including arrangements with appropriate inter-governmental organizations:
(a) for the systematic collection, analysis and exchange of
information on domestic employment problems, trends and policies,
including as far as possible information relating to national
income, demand and the balance-of-payments;
(b) for studies, relevant to the purpose and objectives set forth
in Article 1, concerning international aspects of population and
employment problems;
(c) for consultation with a view to concerted action on the part of
governments and inter-governmental organizations in order to promote
employment and economic activity.
2. The Organization shall, if it considers that the urgency of the
situation so requires, initiate consultations among Members with a view
to their taking appropriate measures against the international spread of
a decline in employment, production or demand.
Article 6
Safeguards for Members subject to External
Inflationary or Deflationary Pressure
The Organization shall have regard, in the exercise of its functions
under other Articles of this Charter, to the need of Members to take action
/within the E/CONF .2/ 55
Page 8
within the provisions of this Charter to safeguard their economies against
inflationary or deflationary pressure from abroad. In case of deflationary
pressure special consideration shall be given to the consequences for any
Member of a serious .or abrupt decline in the effective demand of other
countries.
Article 7
Fair Labour Standards
1. The Members recognize that measures relating to employment must take
fully into account the rights of workers under inter-governmental
declarations, conventions and agreements. They recognize that all countries
have a common interest in the achievement and maintenance of fair labour
standards related to productivity, and thus in the improvement of wages
and working conditions as productivity may permit. The Members recognize
that unfair labour conditions, particularly in production for export, create
difficulties in international trade, and, accordingly; each Member shall
take whatever action may be appropriate and feasible to eliminate such
conditions within its territory.
2. Members which are also members of the International Labour Organization
shall co-operate with that organization in giving effect to this undertaking.
3. In all matters relating to labour standards that may be referred to the
Organization in accordance with the provisions of Article 90, it shall
consult and co-operate with the International Labour Organization, |
|
GATT Library | my699cy3942 | First Session of Contracting Parties. Corrigendum to Summary Record of Fifth Meeting | General Agreement on Tariffs and Trade, March 12, 1948 | General Agreement on Tariffs and Trade (Organization) | 12/03/1948 | official documents | GATT/1/SR.5/Corr.1, GATT/1/SR.1-6+SR.2/Corr.1-4, SR.3/Corr.1,2,SR.4/Corr.1,2, and SR.5/Corr.1,2 | https://exhibits.stanford.edu/gatt/catalog/my699cy3942 | my699cy3942_90270014.xml | GATT_145 | 127 | 833 | RESTRICTED
GATT/1/SR. 5/
Corr.1
12 March 1948
ENGLISH - FRENCH
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF CONTRACTING PARTIES
CORRIGENDUM TO SUMMARY RECORD OF FIFTH MEETING
The following correction should be made in the ninth line of
Mr. Shackle's first statement on page 3:
Delete the words "the sixty day provision or".
ACCORD GENERAL SUR LES TARIFS DOUAUIERS ET LE COMMERCE
PREMIRE SESSION DES PARTIES CONTRACTANTES.
RECTIFICATIF AU COMPTE RENDU ANTALYTIQUE DE LA CINQUIEME SEANCE
Modifier comme suit les neuvième et dixième lignes de l'intervention
de .M. Shackle pae 4. Supprimer l'expression: "La disposition relative
au délai de soixante jours ainsi que". Modifier en conséquence le reste
de la phrase comme suit : "L'article 42 ne présentera probablement ...."
? me IN IN |
GATT Library | sx652dv2149 | First Session of Contracting Parties. Corrigendum to Summary Record of the Fourth Meeting | General Agreement on Tariffs and Trade, March 10, 1948 | General Agreement on Tariffs and Trade (Organization) | 10/03/1948 | official documents | GATT/1/SR.4/Corr.1, GATT/1/SR.1-6+SR.2/Corr.1-4, SR.3/Corr.1,2,SR.4/Corr.1,2, and SR.5/Corr.1,2 | https://exhibits.stanford.edu/gatt/catalog/sx652dv2149 | sx652dv2149_90270011.xml | GATT_145 | 80 | 519 | RESTRICTED
GATT/1/SR. 4/Corr.1
10 March 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF CONTRACTING PARTIES
CORRIGENDUM TO SUMMARY RECORD OF THE FOURTH MEETING
Delete the last two and a half lines of Mr. Shackle's statement "but
he did not want ......... General Areement" and substitute "but he did
not want the United Kindom Government to be presented with a choice between
acceptance of complete automatic supersession and withdrawal from the GATT."
I
E ?? as ?? |
GATT Library | gc457nz3788 | First Session of Contracting Parties. Summary Record of the Fourth Meeting : Held at the Capitol, Havana, Cuba, Saturday, 6 March l948, 2.30 p.m | General Agreement on Tariffs and Trade, March 8, 1948 | General Agreement on Tariffs and Trade (Organization) | 08/03/1948 | official documents | GATT/1/SR.4, GATT/1/SR.1-6+SR.2/Corr.1-4, SR.3/Corr.1,2,SR.4/Corr.1,2, and SR.5/Corr.1,2 | https://exhibits.stanford.edu/gatt/catalog/gc457nz3788 | gc457nz3788_90270010.xml | GATT_145 | 3,459 | 21,949 | 8 Mach 1948
ORIGINAL: ENGLISH
GENERL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF CONTRACTINGPARTIES
SUMMARY RECORD OF THE FOURTH MEETING
Held at the Capitol, Havana , Cuba, saturday, 6 March l948, 2.30 p.m.
Chairman: Mr. L. D. WILGRESS (Canada)
1. RULE 9 OF DRAFT RULES OF PROCEDURE (GATT/1/1 Annexure 3)
Rule 9 was adopted with the understanding that the provisions would apply
during the interval until the next Session, at which time permanent Rules of
Procedure would be adopted
2. AMENDMENT TO PARAGRAPH 2 (a) OF ARTICLE XXIX (GATT/1/11 Paragraph 5,
Page 3)
The CHAIRMAN stated that previous discussions indicated substantial
agreement for the deletion of the provision that Contracting Parties had the
right to lodge complaints against automatic superession within 60 days of the
closing of the Havana Conference; the representatives of Belgium and the
Netherlands had made reservations and the representative of the United Kingdom
had spoken in opposition to the proposal.
Mr. SHAKLE (United Kingdom) said that his previous statement continued
in effect; he was awaiting instructions. His delegation fully understood
the opposite point of view, particularly as expressed by the representatives
of France and Cuba, but he did not want, by agreeing to a complete supersession,
to place his government in the position of having to withdraw from the
General Agreement.
Mr. HOLLOWA (Union of South Africa) said that the difficulties of
parliamentary procedure raised by those who wished to waive the 60 day rule
were not substantial objections. The whole text with the alternatives would
be placed before his parliament, but it was essential to have the 60 day rule
so that the General Agreement would not have to be waived entirely.
/Those Page 2 .
Thospe vho soke for thy 6e0i d prod.vprepared xamio e ne any
Ind ridual-woints vith whilchaa onegUtibe mightifficve dIiIulty If the rule
appiew..Isimpler to ask sfor inensctiorw on a specific point but too
difficullt to pacehothe wile matter before a government at wnes, vhich also
Would fail ofaihe mDan objective of the Sess.ion, ie., to make only essential
amen.ments,
Mr. LMDDY (United Statese of Amrica) said the real problem was deciding
when the provisions of the Charter would prevail. Article 17 required in
effect that Members of the ITO become parties T.o GAT, Once the Final Act was
iged., there was no possibility o-f. eopening the Charter, andw. t a
therefore nsacesnry to know beforehand the contents of -thhe Ca.rteway W
might be found to take care of paraien mrtay procedures, but some ywa s uotld.
b found to get as firm cmimntment as possible rardenggs upersession.
MrRO BYER((aFrnce) said that the funmedantal point toFrancw saS
Article 23. If some degaletions not party tG TTNr found the matter of
supersSssion difficult, it might be best to open a protocol f orsignature,
according to which thosi In position would waiver their giaht to the 60 day
period. If all Contracting Parties signed, the legal point would be clear, and
the situation of non-Contracting Parties facing legal difficulties would be
safeguardesialnce they would not have to mmonit themselves mmaediately. But
all Contracting Parties should sng2 before the end of the Hanvwa ConfercnOe.
MrNAXH . (New Zealands) aid that after the Final Act wasignesdd there
would be three cageeories of countries: (1) signatieels of the Protocol of
Provisional Alipication of the General Agreement; (2) the balance of Geneva non-
Contracting Parties whh bad the right up to 30 Jen to apply 2 (a) of
ArticleXIXX2 provided they became Contracting Parties; and (3) other courifles
which Participated In the Havana Confeneace. The 60 day procedure was a
safegrdx£ to be used onli If the Havana Conference had digressed beyond Geneva
intentions, but now all were to agree to the Final Act and als Should bonOa
the same footing; the Charter should be agreed to and the 60 yarurile
be iwaved.
.rHAKIM (Lebanon) agreed fully with the repesentative of wev Zlandd
and added that his delegation was prepared to rnomunce the right to object
within 60 days.
MrBAYER (Czcehoslovkida) stated that his delegation attended the
meeting of Contracting Parties as parti cipating observers without isaructions
/on the main GATT/1/SR.4
Page 3
on the main problems, which appeared to be (1)supersession (2) amendments
to the General Agreement; (3) waiver of the 60 day period; (4) entry into force
of the new texts. The problem should be dealt with as a whole and in order to
achieve unanimity, a draft solution should be submitted which could serve as
a basis of agreement.
Mr. DAO (China) agreed with the representative of New Zealand that there
were three groups. Certain of the Contracting Parties thought Article XXIX
should apply or that the waiver should be limited to certain Articles in
Part II - either course would create difficulties to the second and third
groups mentioned. One of the reasons China had not been able to sign the
Protocol of Provisional Application was that the 60 day rule would mean delay
in participation of those who had made reservations regarding Part II. He
supported the proposal of the representative of France.
The CHAIRMAN stated that if the amendment to paragraph 2 (a) of
Article XXIX were adopted, the right to object within 60 days would be waived.
The principle was now under discussion the form would be taken up later.
The representatives of the United Kingdom, the Union of South Africa and
Czechoslovakia had stated they were awaiting instructions and could not commit
their governments to the removal of that right.
Mr. FORTHOMME(Belgium), supported by the representatives of Luxembourg
and the Netherlands, stated that he hoped to receive instructions soon but he
would have to delay signature until they were received. He was not in a
Position to commit his government on any point of the paper although he could
take part in the discussion and preparation of the text.
Mr. SAWWAF (Syria) said that although he agreed in principle to the waiver
of the 60 day rule, he, too was not in a position to act for his government.
Mr. ADARKAR (India) said his position was similar to that of the last
four speakers and suggested that the proposal of the representative of France
was practical.
The position of the representatives of Ceylon, Australia and Pakistan was
similar to that of the representative of Belgium.
The CHAIRMAN agreed with the remark of Mr. LEDDY (United States) that
although most delegations were awaiting instructions, they might be prepared
to recommend the waiver, and urged that instructions be obtained as soon as
possible. The consensus was that the protocol should be signed before the
signature of the Final Act and before the termination of the Havana Conference.
/There was GATT/1/SR.4 page 4
There was substantial agreement in favour of, removal of the right to lodge
complaint within 60 days, although a number of delegations were seeking
instructions. On that basis discussion would be resumed when the form of
protocol was established.
Another point in the amendment was the phrase "On the day on which the
Charter of the International Trade Organization enters into force." Without
prejudice to later discussions regarding certain Articles of the ITO Charter,
there seemed to be agreement that supersession should take place on the date
the Charter entered into force. There also see to be no objection to the
phrase "..and for such time as the Charter remains in force. ....",which meant
that if the ITO ceased to function, the General Agreement would again go into
effect. There was provision in the General Agreement for a meeting of
contracting parties if such a situation occurred.
Mr. ROYER (France) thought the phase should be deleted. If the ITO
Charter ceased to function, paragraph 4 of Article XXIX would come into force.
Mr. SHACKLE (United Kingdom )asked whether all of the provisions of the
Chapter on General Commercial Policy would replace Part IIof the General
Agreement even though there were no corresponding provisions in Part ll.
The CHAIRMAN replied that in his opinion the day the Charter entered into
force Part II was suspended; to make it quite clear the phrase "and for such
time as the Charter remains in force" had been aded. Paragraph 3 made
provision for Contracting Parties which were non-Members of the ITO.
Mr. FORTHOMME(Belgium) supported the full text. The present provisions
of the General Agreement would not necessary be revived but the phrase would
provide a point of departure should the ITO Charter go out of existence.
Mr. HAKIM (Lebanon) said that the fact that there was a provision in the
General Agreement covering Contracting Parties which were non-Members of the
ITO indicated the necessity for provisions governing their obligations. There
should be no difference between the Charter and the General Agreement; the
Phrase should be deleted and the substitution should be automatic.
Mr. SPEEKENBRINK (Netherlands) asked whether amendments to the Charter
would automatically be incorporated in the General Agreement.
The CHAIRMAN replied that as one reason for using the word "suspended".
Mr. LEDDY (United States) felt it would be a mistake to say the Charter
was incorporated into the General Agreement. The real fact was when the
Charter entered into force, Part II of GATTwould be suspended and Members
/would be Page 5
would be governed by those Articles which suprseded Part II.it was wise to
provide, for the end of ITO; there would no provision governing Contracting
Parties not oMembersof ITO and paragraph 3 should be amended to the effect
that pending amendments to the General Agreement, such Contracting Parties
would be governed by Part II in the interim period. The detailed provisions
of the Charter would have to be examined before a final decision for example,
the dates mentioned in Article 14 were different from those in the General
Agreement. '
The- AndMnap to paragrp hac (9.)was'wieceptable idth the deletion of the
phrase "supersederespotding ore isions provslons of the Charter".
Mu. GalA(CUba) thought the rieal queston was not whether the Charter
WoUddain in force, but whether the provisions of tvanahe Ha. Charter were
satisfactory from the point of view of adopting them for thc funingoflfr of
the General ment.wIt,; Xf they were satisryctoz', twasre me to ntod- 'Y worry
about the future of the ITO. Theredwouli be no problemlif ail the draft were
retained.
Mr. KARDARM, (India) thought the phrase "aid for such... timma neeai s in
force" should be ddlete&; legislation would have cean oh ngeaccomodate M t
the entry into force of the Charter and General mgreezent,iamd If the words
iere Included.,wkward situation mighsepregmnt itself in thereutue .
Mr. ROYER (Franae) seid hat -ifitherIncokporation ofcArtiole 23 were
accepted, the question would not be so imno; autj but it would be difficult
to secgree aarement, from his government for the presenvisions.s It was
legally correct to state that IIrt 1i should be replaced by sorreingndtn
provisions of the Charter, which would be binding also on Contracting Parties
not Mesberd of.ITO, sugge sted the provisions should bisted.ed.e
r. LEDDY (United States) replihattat., assuming the case of Contracting
Parties nemn-Mabers of ITO was accounted formespns Vrovisions should be made
should the Charter go out of force. If the last phrassu, "epssseSSion by
Corrndipor~ng Articles of thae Carter" remained, Articles should be specified,
MreEanon)o) agree d that the Articles sdhoul pbe secified, but not
thatwit vas necessary to make provision the Charter goingiB ou t orf .foce
The obligatishouldbo countine eien If Chae Orrwet ent'out ofceordo.
MrERRAMM (Cuss) -e th' whole oe tCh Mbapter on eral ndame Comrcial
cyPshouido0eplace PtrII. e
MrLEDD Y (ited o Staseahad no jecbetion to having the corrpondengsi
pvroislons of eh haCbrterpply to GTT theEevent t hharte rhould go out
/of force; GATT/1/SR.4 Page 6
of force; the present text of the General Agreement probably would not be
reverted to.Provision was not needed for members and Contracting Parties
as long as the Chater was in force, but the problems were: (1) the situation
of a Contracting Party not a Member of ITO; and (2) what corresponding
provisions should go into the General Agreement if the Charter went out of
force.
Mr. NASH (New Zealand) stated that only by becoming members of GATT could
Members of ITO receive the full benefits of the Charter. It did not matter
whether "remains in force...." was retained, but it would be unwise to delete
"corresponding provisions of the Charter".
Mr. GUERRA (Cuba) reiterated that if all the amendment were maintained,
all Contracting Parties would be governed by the provisions, whether or not
they were Members of ITO. He suggested the phrase"...remaine in force...."
should be changed to "whether or not the Charter is in force."
The CHAIRMAN thought there was no great matter of substance involved
and suggested postponement of discussion until the representatives of the
United States and France had submitted written proposals concerning
paragraphs 2 (a) and 3.
The suggestion of the representative of the Netherlands concerning a
Possible conflict in paragraph 1of Article XXX would be considered during
the discussion on other amendment to the Article.
The CHAIRMAN then asked for comments on the phrase "Paragraphs 1and 2
of Article l" contained in the amendment of paragraph 2 (a). He had
previously explained the desirability of omitting paragraph 3 of Article I
from supersession.
Mr. ROYER (France) said that if his suggetion concerning Part II were
accepted, Article I should remain in force.
Mr. LEDDY (United States) said provision should be included in the
general Agreement that nothing should prevent the operation of ITO.
It was agreed to delete reference to Article I in the amendment to
paragraph 2 (a) of Article XXIX and that the representatives of the
United States and France should submit an amendment to Article I to conform.
Replying to a remark by the representative of the Union of South Africa,
as to the large number of amendments, Mr.ROYER (France)said that in Geneva
it was recorded that the Draft Charter was provisional and that it would be
necessary to revise some provisions of the General Agreement to coincide with
/the final text GATT/1/SR .4
Page 7
the final text of the Charter.
ARTICLE XXXIII (Paragraph 6, GATT/1/11).
Discussion was postponed until the United states delegation had submitted
its proposal that decisions should be taken by a simple majority.
ARTICLE XXIV (Paragraph 2, GATT/1/11).
Mr. SHACKLE(United Kingdom) was in favour of amending Article XXIV by
inserting Article 42, subject to the final text of Article 42.
Mr. DAO (China) said that his delegation would propose that Article IlI
be replaced by Article 18 and Article XVIII by Article 13.
Mr. LEDDY (United States)Agreed to the insertion of Article 42 but
suggested that the proposal of China and any further amendments should be
placed on the agenda of the next meeting of Contracting Parties.
Mr.SPEEKENBRINK (Netherlands) agreed to the insertion of Article 42,
subject to confirmation in the light of its final text. Contracting Parties
who had signed the Protocol of Provisional Application were committing their
governments by accepting amendments to the Havana Charter with no certainty
that it would come into force. He would object strongly to too many
amendments to the General Agreement which would commit his government
immediately to apply them, but would not object to their being placed on the
agenda of the next Session of Contracting Parties.
Mr. HOLLOWAY (Union of South Africa) would agree to a protocol regarding
the acceptance of Article 42 as a replacement to Article XXIV, subject to
the final wording.
The representative of Belgium supported the representative of the
Netherlands. The repesentatives of Syria, Cuba, Lebanon and Chile supported
the proposal to insert the text of Article 42 in place of Article XXIV.
The CHAIRMAN stated that the committee was agreed in principle to the
proposal.
ARTICLE XIV (Paragraph 1, GATT/1/11).
The CHAIRMAN stated that it tad been suggested that this proposal as well
as those of the Chinese delegation await the Second Session.
Mr .ROYER (France) said that If the Charter entered into force in the
near future, the proposed amendment to insert the text of Article 23 in place
of Article XIV would not be so urgent. But if the ratification were
prolonged beyond 1 January 1949 the French Parliment would be asked to ratify
commitments it was not prepared to assume. As soon as the Havana Conference
/ended, his GATT/1/SR.4 Page 8
ended, his government would ask for ratification of the General Agreement but
it could not be obtained if the present provisions were retained. The matter
might wait for the Second Session if some means could be found to overcome
this difficulty.
M. LEDDY(United States) felt that since provision was made for the full
year the matter might await the Second session at which time Article 23
would be governing.
Mr. ROYER (France) replied that if the United States Could assure the
entry into force of the Charter by 1 January 1949 he would have no objection
to waiting for the June Session. His instructions were to ask for the
automatic replacement of Article XIV by Article 23, but he had asked his
government to consider whether the date of entry into force could be
1 January 1949 in the event the charter did not enter into force before
that date.
Mr. SHACKLE (United Kingdom) felt it would be necessary to make the
substitution by 1 January 1949.
Mr. HOLLOWAY (Union of South Africa) said he was prepared to recommend
that the change be made.
Mr. LEDDY (United States) thought that in any event France would not act
definitely on the Charter this year.
Mr. FORTEMME (Belgium) saw no objection to the amendment but stated
that his government needed time to accomplish this.
Mr. BAYER(Czechoslovakia) was in favour of replacing Article XIV by
Article 23 immediately. If the main purpose of this Session was to make the
General Agreement conform to the Charter, there should be no prolongation
of the task.
Mr. LEDDY (United States) replied that he was not opposed to the change
in principle; his only reason for suggesting postponement until the Second
Session was to lighten the work of this Session.
Mr. HAKIM (Lebanon) and Mr. SAWWAF (Syria) supported the representative
of France for immediate replacement of Article XIV by Article 23.
Mr. SPEEKENBRINK (Netherlands)said that since the proposed change was
of an emergency nature, he was prepared to submit it to his government,
Provided he had more than a day or two to decide on the text of Article 23.
Mr. GUERRA (Cuba) also would agree to the asmendment, but supported the
representative of the United States that other amendments,including those
Proposed by the representative of China, not of an emergency character,
Should be held over until the next Session.
Mr. DAO (China) stated that since all Contracting Parties were applying
the provisions according the protocols, there should be no difficulty
/in the replacements GATT/1/SR.4 Page 9
in the replacements he had mentioned. The majority of governments would
accept the Charter and the Agreement at the same time, and consideration
should be given to facilitating acceptance.
Mr. PERRY (Canada) said that Article XIV should continue in force until
automatically superseded by the Charter, but this position would be
reconsidered when the final text of Article 23 was available. As a
Contracting Party, Canada considered the matter should be deferred until
the next Session.
After discussion concerning emergency and non-emergency measures,
the CHAIRMAN stated that there was agreement (1) that only amendments of
an emergency character should be considered at this session and (2) that
favourable consideration should be given to replacing Article XIV by Article 23,
subject to certain reservations regarding the exact text of Article 23.
Credentials
Mr. LACARTE (Deputy Executive Secretary) drew attention to a memorandum
from the Legal Adviser to the Conference concerning credentials for the first
meeting of the Contracting Parties.
The representatives of Belgium, Brazil, Burma, Canada, Ceylon, Chile,
Mina, Cuba, Czechoslovakia, France, India, Lebanon, Luxembourg, Netherlands,
Pakistan, Syria, United Kingdom and United States had submitted credentials
which when taking into account the fact that the Contracting Parties were
meeting during the Trade Conference to which those representatives were
accredited, might be regarded as adequate.
The representatives of Belgium, Burma, Chile, Czechoslovakia, China,
India and Lebanon had, in addition, been empowered to sign the Protocol
correcting the General Agreement.
Should the Contracting Parties decide to estabish a Protocol of a more
substantive character for signature at Havana, none of the credentials
submitted to date could be regarded as adequate for they were based on
telegrams from the foreign offices of the governments concerned and for
that purpose letters signed by foreign ministers would be necessary.
In reply to the representative of Belgium, Mr. Lacarte said that
telegrams originating from foreign offices, indicating that the appropriate
letters followed , would be sufficient for signature.
The meeting rose at 5.15 p.m.
- - - |
GATT Library | gt570vr7106 | First session of contracting parties to the representatives of the contracting parties with reference to the expense of the second session : Suggestion by the Chairman Regarding Expenses | General Agreement on Tariffs and Trade, March 22, 1948 | General Agreement on Tariffs and Trade (Organization) | 22/03/1948 | official documents | GATT/1/59 and GATT/1/59+Add.1,2 60-63 | https://exhibits.stanford.edu/gatt/catalog/gt570vr7106 | gt570vr7106_90310341.xml | GATT_145 | 179 | 1,214 | RESTRICTED
GATT/l/59
22 March 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF CONTRACTING PARTIES TO THE REPRESENTATIVES OF THE
CONTRACTING PARTIES WITH REFERENCE TO THE EXPENSE OF THE SECOND SESSION
Suggestion by the Chairman Regarding Expenses
The Chairman suggests the following as a convenient method for dealing
with certain necessary expenses in connection with the second meeting of the
CONTRACTING PARTIES of the General Agreement on Tariffs and Trade:
That each contracting party intending to send a delegation
to the second meeting of the CONTRACTING PARTIES so budget the
expenses for its delegation that funds may be available to cover
such expenses as interpreters, documents services, rental of
general conference room, etc.;
And that, in order to economize in the expenditure of such
funds, the delegations agree to pool these funds to the end that
a common interpreter and documents service may be available for
the meeting.
Any of the contracting parties or prospective contracting parties wishing
to comment on the above suggestion should communicate with the Chairman
(Room 85, Capitolio) as soon as possible. |
GATT Library | gz873rx9414 | First session of the contracting parties | General Agreement on Tariffs and Trade, March 21, 1948 | General Agreement on Tariffs and Trade (Organization) | 21/03/1948 | official documents | GATT/1/53 and GATT/1/47-57+47/Rev.1 53/Add.1,2 | https://exhibits.stanford.edu/gatt/catalog/gz873rx9414 | gz873rx9414_90310331.xml | GATT_145 | 2,266 | 14,495 | RESTRICTED GATT/1/53
21 March 1948
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSIONOF THE CONTRACTING PARTIES
The attached texts of the following documents are hereby circulated in
the form. in which they will be submitted for signature next Wednesday,
March 24, 1948:
(1) Protocol Modifying Certain Provisions of the General Agreement
on Tariffs and. Trade.
(2) Declaration (concerning supersession of the General Agreement or.
Tariffs and Trade by the Havana Charter).
The final texts of the following documents, which will also be signed
next Wednesday, will be circulated as as addenda to this document:
(1) Protocol (concerning amendment of Article XXIVof the General
Ageement on Tariffs and Trade).
(2) Special Protocol Modifying Article XIV of the General Agreement
on, Tariffs and Trade.
There is attached. the text of the Decision taken on March 20 concerning
the proposed Franco-Italian Customs Union. The Secretariat will provide
the governments concerned with certified copies of this text.
The final text of the Protocol Incorporating Rectifications to the
General Ageement on Tariffs and Trade will be circulated Tuesday morning,
i.e. twenty-four hours before signature.
As agreed at the meeting on March 20, any delegation which has any
comment to make on the above-mentioned texts, should advise Mr. A. Gilpin,
Room 99, Capitolio (telephone extension 99) by 6.00 p.m. on Monday,
March 22, which is the final deadline.
It should be noted that the Protocol Incorporating Rectifications
to the General Agreement on Tariffs and Trade will have the English and
French texts set out in parallel columns; in the case of the other
documents which are to be signed on March 24,, the texts in one of the two
languages will follow the other and the system of parallel columns
will therefore not be used.
/PROATOCOL -2- PROTOCOL MODIFYING CERTAIN PROVISIONS OF THE
GENERAL AGREEMENT ON TARIFFS AND TRADE
The Governments 'of the Commonwealth of Australia, the Kingdom of Belgium,
Canada, the Republic of Cuba, the French Republic, the Grand-Duchy of
Luxembourg, the Kingdom of the Netherlands, 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, and.
The Governments of the United States of Brazil, Burma, Ceylon,
the Republic of Chile, the. Republic of China, the Czechoslovak Republic,
India, Lebanon, New Zealard, the Kingdom of Norway, Pakistan,.
Southern Rhodesia, Syria, and the Union of South Africa, acting in
their capacity of signatories of the Final Act adopted. at the conclusion
of the Second Senion of the Preparatory Committee of the United.Nations
Conference on Trade and Employment which authenticated. the text of the
General Agreement on Tariffs and. Trade,
BEING DESIROUS of modifying the text of certain provisions of
the General Agreement an Tariffs and Trade, in the light of the text of
the Havana Charter for an International Trade Organization, which was
authenticated. by the Final Act of thd United Nations Conference on
Trade and Employment
HEREBY AGREE as follows:
I. Paragraph 5 of Article XXV of the General Agreement on Tariffs and.
Trade shall read. as follows:
5. (a) In exceptional circumstances not elsewhere provided. for
in this Agreement, the CONTRACTING PARTIES may waive an
obligation imposed upon a contracting party by this Agreement;
Provided that any such decision shall be approved by a
two-thirds Majority of the votes cast and that such majority
shall comprise more than half of the contracting parties.
The CONTRACTING PARTIES may also by such a vote
(i) define certain categories of exceptional
circumstances to which other voting
requirements shall apply for the waiver
of obligations, and
(ii) prescribe such criteria as may be necessary
for the application of this sub-paragraph.
./b) If -3- (b) if any contracting party has failed without sufficient
Justification to carry out with another contracting
party negotiations of the kind described. in paragraph 1 of
Article 17 of the Havana Charter, the CONTRACTING PARTIES
may, upon complaint and after Investigation, 'authorize
the complaining contracting party to withhold from the other
the concessions incorporated in the relevant Schedule to
this Agreement. In any Judgment as to whether a
contracting party has so failed, the CONTRACTING PARTIES
shall. have regard. to all relevent circumstances, including
the developmental, reconstruction and other needs and the
general fiscal structures of the contracting parties
concerned and.' to the provisions of the Havana Charter as
a whole.. If in fact the concessions referred to are so
withheld; so as to result in the application to the trade
of the other contracting party of tariffs higher than would
otherwise have been applicable, such other contracting
party shall then be free, within sixty days after such
action becomes effective, to give written notice of
withdrawal from the Agreement. The withdraw. shall take
effect upon the expiration of sixty days from the day on
which such notice is received by the CONTRACTING PARTIES
(c) The provisions of sub-paragraph (b) shall not apply
as between any two contracting parties the Schedules of
which contain. concessions initially negotiated between
such. contracting parties.
(d)- The provisions of sub-paragraphs (b) and (c) shall
not apply until January-l, 1949."
II. Paragraph 1 of' Article XXXII of the General Agreement on Tariffs and
Trade shall read. as follows:
"The contracting parties to this Agreement shall be understood.
to mean those governments which are applying the provisions of this
Ageement under Article XXVI, Article XXXIII or pursuant to the
Protocol of Provisional Application"
III Article XXXIII of the General Agreement on Tariffs and Trade shall read
as follows:
"A Government not party to this Agreement., on a Government acting
on behalf of a separate customs territory posing full autonomy In
/the conduct -4- the conduct of its external commercial relations and of there other
Matters provided for- in this- Agreement, may accede to' this
Agreement, on its own behalf or on behalf of that territory, on
terms to be agreed. between such Government and the CONTRACTING PARTIES.
Decisions of the CONTRACTING PARTIES under this paragraph shall
be taken by a two-thirds majority."
IV, The following Article shall be inserted. in the General Agreement on
Tariffs and. Trade after Article XXXIV:
* ~~~~"Article A
1. Without prejudice to the provisions of paragraph 5 (b) of
Article XXV or to the obliations o a contracting party pursuant
to paragraphs 1 of Article this Agreement, or alternatively
Article II of this Agreement, shall not apply as between any
contracting party and any other contracting party if:
(a) the, two contracting parties have not entered into tariff
negotiations with each other, and
(b) either of the contracting partiee-, at the time either
becomes a contracting party, does not consent to such
application.
2 The CONTRACTING PARTIES may, at any time before the Havana.
Charter enters into force, review the operation of this Article
in particular cases at the request of any contracting party and,
make appropriate recommendations."
V. Notwithstanding the provisions of Article XXX of the General Agreement
on Tariffs and Trads , the modifications provided. for in Sections I to. IV,
inclusive, of this Protocol shall became an. integral part of the
General Agreement on Tariffs and Trade, on April 15, 1948.
Signature of this Protocol by any government which is not at
the time of sigature a.contracting party to the General Agreement
on Tariff and. Trade shall serve to authenticate the texts af the
modifications of the General Agrement on Tariffs and Trade provided.
for in this Protocol. This Protocol shall. remain open for signature
by any such government, named in the second. paragraph of the preamble
to this Protocol, until May I, 1948.
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 respective representative duly authorized
have signed the present Protocal.
/Done -5- DONE at Havana, in a. single copy, in the English and. French languages,
both texts authentic, this twenty-fourth day of March, 1948.
/DECLARATION -6-
DECLARATION
The Governments of the Kingdom of Belgium, the United States of Brazil,
Burma, Canada, Ceylon, the Republic of Chile, the Republic of Cuba,
the French Republic, India, Lebanon, the Grand-Ducby of Luxembourg, 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.
TAKING NOTE of the provisions of sub-paragraph 2 (a) of Article XXIX
of the General Agreement on Tariffs and Trade, whereby within sixty days
of the closing of the United Nations Conference on Trade and Employment
any contracting party may lodge with the other contracting parties an
objection to any provision or provisions of Article I or of Part II of the
General Agreement, on Tariffs and Trade being suspended and superseded by the
corresponding provisions of the Havana Charter, on the day on which the
Charter comes into force,
HEREBY DECLARE that they will not lodge any such ob Jection to the
suspension and supersession of paragraphs 1 and 2 of Article I and Part II
of the General Agreement.
The original of this Declaration shall be deposited with the
Secretary-General of the United Nations, who is authorized to effect
registration thereof.
IN WITNESS WHEROF the respective representatives duly authorized
have signed the present Declaration.
DONE at Havana, in a single copy, in the English and French languages,
both texts authentic, this twenty-fourth day of March l948.
/GENERAL AGREEMENT -7-
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTING PARTIES
DECSION TAKEN ON MARCH 20, 1948 CONCERNING THE FORMATION
AKEN ON C 0 91W COKMER33G TEE W(CRMATZOM
CF A CUSMS NI6N 3 BE3WEN MAE AMD IT
The COVIWXTf PARTIS XXVDE in terms of paragraph 5 of Article =Y
that the provisions of the General. Agreement on Tariffs and Trade shall not
nionprevent the astabliabmfnt of a custca unr interim agreement tor a
cust on unnionbetween ftence-onforms to qwhich uicn. or agreement cuf orms to
the following requirements:
1. (a) Theommerce and. other -regulations of cc= rce dped at the
instituteement ay uch Union or interim agrtt in Respect
of trade with contracting parties shall not on the whole be
higher or more restrictive than the general incidence of the
e auties and regulatians of ca=rce applicable in the
cnstituent territories prior to the formation of such union
or the adoption of such interim agreement, as the case may be;
(b) Any interim agreement referred to in sub-paragraph (a) above
shall include a mplan and. schedule for the attainent of such
e custom union witbin a reaacnab.. length of time.
2. If in. fuj~fijll the requirements of sub-paragraph 1 (a); one
of the- pariies proposes to increase any rate of duty inconsistently
withy the provralcAgreement one I of, the Genezrv Ageawat om
sariffs and.inrade, the XVIII of set forth 1" Article XVhII Of
tIn providing for compensatory Mm -o7lling for caopenatory
atI.ustaeat dof accocompensation oken: oa the acmpensaticn already
afforded bT the reductions brought about in the corresponding duty of
the ouher couiet tuenta- of th Union' -'
3. (a) T9e tnte=ptiss,a dcustoms -to eatar into P. oiCetma union or an
interen armation of such a union, shallcO-ar O:f =!iob a UNicn, s
CTING PARTIES y the C04A make : PAT)= aud shall xake to
tding the proposed union aranwill fre p:coposed unio as 11 enable them
recommondations porcontractingc=e9dations to ccatracting parties as they
may deem appropriate.
(b) If. lans having studied the piazrs and schedules provided for
under -aragraph 1, ement ;ndler p=agrwithf , in. consultation Yfkt the
parties to tzt agWeement and taking due amcount of the information lade
available in P,cordsnce with the terms of sub-paragaph (a), the
/CO0ACTM P.PARTms -8-
CONTRACTING PARTIES find that such agreement is not likely to result in
a customs union within the period contemplated by the parties to the
agreement or that. such period is not a reasonable one, the CONTRACTING
PARTIES shall make recommendations to the parties to the agreement. If
the parties are not prepared, to modify the agreement In accordance
with such recommendations they shall not maintain it in force or
institute such agreement if it has not yet been concluded.
(c) .Any substantial change in the plan or schedule shall be
notified to the CONTRACTING PARTIES which may request the two parties
concerned to consult with then if the change seems likely to jeopardize
or delay unduly the achievement of the customs union.
4. (a) A custom union shall be understood to mean the substitution
of a single customs territory for two or more customs territories,
so that
(i) tariffs and other restrictive regulations of commere except t ,
where necessary, those permitted under Articles XI, XII, XIII,
XIV, XV, XX and XXI of the General Agreement on Tariffs, and
Trade) are eliminated on substantially all the trade between
the constituent territories of the union or at least on
substantial all the trade in products originating in such
territories and
(ii) substantially the same tariff a and other regulations of
commerce are. applied, by each of the members. of the union
to the trade of territories not included in the union.,
subject to the provisions of paragraph. 5;
5. The preferences referred to in paragraph 2. of Article I of the
General Agreement'. Tariffs an. Trade shall not be affected by the
constitution of a customs union but my be eliminated of adjusted by
means of negotiations with contracting parties affected. This procedure
of negotiations with affected contracting parties shall in particular
apply to the elimination of references required to conform with the
provisions of sub-paragraph. (a) (i) of paragraphe 4. |
GATT Library | zr034ky9844 | First session of the contracting parties | General Agreement on Tariffs and Trade, March 19, 1948 | General Agreement on Tariffs and Trade (Organization) | 19/03/1948 | official documents | GATT/1/48 and GATT/1/47-57+47/Rev.1 53/Add.1,2 | https://exhibits.stanford.edu/gatt/catalog/zr034ky9844 | zr034ky9844_90310326.xml | GATT_145 | 206 | 1,256 | RESTRICTED
GATT/1/48
19 March 1948
ORIGINAL: ENGLISH
GENERAL AGREMENT ON TARIFFS AND MADE
FIRST SESSION OF THE CONRACTIN PARTIES
The Governments of. .
* .- . . , F ., * . * . S 6 . . 5 ..................................... . O S
* S . * * * * .* . . . . . . . . . . . * * * . . . .
Hereby agree as follows:
I.. Not to avail themselves of the privilege of lodging objections to
any provision on provisions of the General Agreement on Tariffs and Trade
being suspended. and superseded 'by the corresponding provisions of the
Charter, within sixty days of the closing of the United. Nations Conference
on Trade and. Employment, contained in paragraph 2 (a) of Article XXIX of
the General Agreement on Tariffs and Trade.
II.. This Protocol shall become effective on this.... day of
March 1948]
The original text of this Protocol shall be eposited with the
Secretary-General of the United Nations, who is authorized to effect
registration thereof.
2t WITNESS WHERE the respective representatives have signed. the
present Protocol.
DONE at Havana, in a single copy, in English and French languages,
both texts authentic, this ......... day of March 1948. |
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