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GATT Library | yf832zd2514 | First session of the contracting parties | General Agreement on Tariffs and Trade, March 22, 1948 | General Agreement on Tariffs and Trade (Organization) | 22/03/1948 | official documents | GATT/1/53/Add.1 and GATT/1/47-57+47/Rev.1 53/Add.1,2 | https://exhibits.stanford.edu/gatt/catalog/yf832zd2514 | yf832zd2514_90310332.xml | GATT_145 | 121 | 804 | RESTRICTED
GATT/l/53/Add..l
22 March 1948
ENGLISH - FRENCH
ORIGIANL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION O THE CONTRACTING PARTIES
The South African representative has advised the Secretariat that
he will not be able to sign the Declaration concerning supersession of'
the General Agreement by the Eavana Charter, which has been drawn up at
the First Session.
ACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCE
PREMIERE SESSION DES PARTIES CONRACTANTES
Le representant de l'Union Sud-Africaine a fait connaitre au Secre-
tariat qu'il, ne pourra pas signer la Declaration relative au replacement
de certalnes dispositions de l'Accord general sur les dispositions corres-
pondantes de la Cnarte de La Havane, qui a ete redigee au cours de la
Premiere Session. |
GATT Library | qk647jv5194 | First session of the contracting parties | General Agreement on Tariffs and Trade, March 12, 1948 | General Agreement on Tariffs and Trade (Organization) | 12/03/1948 | official documents | GATT/1/22 and GATT/1/9-28+21/Add.1 | https://exhibits.stanford.edu/gatt/catalog/qk647jv5194 | qk647jv5194_90310297.xml | GATT_145 | 204 | 1,258 | RESTROCTED
GATT/1/22
12 March 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTING PARTIES
The following letter has been received by the Chairman of the Contracting
Parties from the Peruvian Delegation:
In the four volumes of the "General Agreement on Tariffs and
Trade", published by the United Nations, containing the schedules of
tariff concessions granted by the Contracting Parties of the GATT,
the new rates of duty applied by the Contracting Parties appear in
the last column of Part I and Part II schedules. No reference is made,
however, in these volumes to the rates of duty which were in force on
each of the items of those schedules before the Geneva negotiations.
Any Non-Contracting Party, as a potential Member of the GATT, is
interested to know what the new rates really mean: a binding of the
previous rate, a reduction on the previous rate, and in this last case,
which is the amount of the reduction.
The Peruvian Delegation. would appreciate any information that could
be obtained from the Meeting of the Contracting Parties to the GATT on
the above referred to matter. It respeoctfully suggests the United Nations
publishing a new book. containing the requested data.
6090 |
GATT Library | ms076qj8460 | First session of the contracting parties | General Agreement on Tariffs and Trade, March 22, 1948 | General Agreement on Tariffs and Trade (Organization) | 22/03/1948 | official documents | GATT/1/57 and GATT/1/47-57+47/Rev.1 53/Add.1,2 | https://exhibits.stanford.edu/gatt/catalog/ms076qj8460 | ms076qj8460_90310337.xml | GATT_145 | 325 | 2,151 | RESTRICTED GATT/1/57
22 March 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTING PARTIES
The following decisions were taken by the First Session, in connection
with Items 4 and 11 of the Agenda:
1. The Second Session of the CONTRACTING PRTIES Should be held at Geneva
between July 1 and. August 15 next. The definitive date was left for
determination by the Chairman in the light of the date of the next meeting
of the Executive Committee of the Interim Commission of the Internatioial,
Trade Organization.
2. Secretariat services for the Second Session should be made available by
the staff of the Interim Commission of the International Trade Organization,
on conditions to be agreed between the CONTRACTING PARTIES and the
Interim Commission.
3. The Agenda of the Second. Session should include the following items:
(a) Replacement of General Agreement provisions (other than
Articles XIV and.XXIV) by the corresponding Charter provisions,
in advance of the entry into force of the Charter:
(i) Replacement of all Part II provisions or
(ii) Replacement of particular Part II provisions.
(b) Other amendments to the General Agreement:
(i) The second sentence of paragraph 3, and paragraph 6,
of Article XXIX (see proposal in GATT/1/21).
(ii) Other proposed amendments notified under paragraph 4,
below, not later than 30 days prior to the Second Session.
(c) Development of procedures for carrying out consultation between
and action by the contracting parties during the period between
Sessions of the CONTRACTING PARTIES.
(d) Scheduling of future tariff negotiations.
4. All matters relating to the Second Session, including proposals for new
tariff negotiations, should be communicated to the Chairman of the
CONTRACTING PARTIES care of the Executive Secretary, Interim Commission
of the International. Trade Orgnization, who will inform all contracting
parties and government, whose representatives signed. the Final Act at
Geneva on October 30, 1947, but which are not yet contracting parties, of all
communications received. from any of tham.
_- |
GATT Library | xh870bh3303 | First Session of the Contracting Parties. Corrigendum to Summary Record of Fifth Meeting | General Agreement on Tariffs and Trade, March 19, 1948 | General Agreement on Tariffs and Trade (Organization) | 19/03/1948 | official documents | GATT/1/SR.5/Corr.2, 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/xh870bh3303 | xh870bh3303_90270015.xml | GATT_145 | 126 | 797 | GATT/1/SR.5/Corr.2
19 March 1948
FIRST SESSION OF THE CONTRACTING PARTIES
CORRIGENDUM TO SUMMARY RECORD OF FIFTH MEETING
The remarks of the representatve of the United States appearing on
Page 6 should read as follows:
Lines 13 through 17 should read:
"Mr. LEDDY (United States of America) said that although he had
not yet received instructions from his Government he could say with
reasonable certainly that it could not enter into formal negotiations
during the first half of this year. Its position during the second
half of the year would not be clear until July. With respect to
Informal negotiations, he felt that while exploratory discussions might
be a possibility, it was doubtful whether even such discussions would
be possible until the second half of the year." |
GATT Library | dk175hh5061 | First Session of the Contracting Parties. Corrigendum to Summary Record of Second Meeting | General Agreement on Tariffs and Trade, March 8, 1948 | General Agreement on Tariffs and Trade (Organization) | 08/03/1948 | official documents | GATT/1/SR.2/Corr.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/dk175hh5061 | dk175hh5061_90270006.xml | GATT_145 | 135 | 915 | GATT/1/SR.2/ RESTRICTED
Corr.4
8 March 1948
ENGLISH .FRENCH
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTING PARTIES
CORRIGENDUM TO SUMMARY RECORD OF SECOND MEETING
Page 2, second paragraph, second sentance:
Should read:
"Mr. R. J. SRACKLE (United Kingdom) said that he had not
received instructions from his Government on this point. He
appreciated the point of view of Messrs. Royer and Guerra;"
ACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCE
PREMIERE SESSION DES PARTIES CONTRACTANTES
RECTIFICATTF AU COMPTE RENDU ANALYTIQUE DE LA DEUXIEME SEANCE
Page 2, troisième alinéa
La deuxième phrase doit s'énoncer de la façon suivante :
"M. R.J. SHACKLE (Royaume-Uni) déclare qu'il n'a pas reçu
d'instructions de son Gouvernoment à co sujet. Il so rend
compte de la valeur des vues exprimées par MM. Royer et Guerra". |
GATT Library | gg379bv3105 | First Session of the Contracting Parties. Corrigendum to Summary Record of Second Meeting | General Agreement on Tariffs and Trade, March 5, 1948 | General Agreement on Tariffs and Trade (Organization) | 05/03/1948 | official documents | GATT/1/SR.2/Corr.3, 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/gg379bv3105 | gg379bv3105_90270005.xml | GATT_145 | 46 | 290 | GATT/1/SR. 2/Corr. 3
5 March 1948
ENGLISH ONLY.
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTING PARTIES
CORRIGENDUM TO SUMMARY RECORD OF SECOND MEETING
Page 2, seventh line from bottom of page:
The date "1 January l948" should read:
"1 January 1949".
_9 |
GATT Library | jy051yv9118 | First Session of the Contracting Parties. Corrigendum to Summary Record of Second Meeting | General Agreement on Tariffs and Trade, March 5, 1948 | General Agreement on Tariffs and Trade (Organization) | 05/03/1948 | official documents | GATT/1/SR.2/Corr.2, 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/jy051yv9118 | jy051yv9118_90270004.xml | GATT_145 | 135 | 874 | GATT/1/SR.2/Corr. 2
5 March 1948
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRSTSESSION OF THE CONTRACTING PARTIES
CORRIGENDUM !T! UMMAROYRPEOCRD OF SECON MEET ING
On page 2, after thes umaryi of the eemarks of Dr. Coombs (Australia),
Insert the following:
"Mr. (Lebanon) raised the legal question of the
entry into force of the General Agrmeent whic . he thought
was basco to the whole discussion of the application of
Article XIX1 onseupersession and as well as Article XX
on amendment. He pointed out that since the General
Agreement has not entered into force and therefore neither
Article XXIX nor Article XXX were applicable, any changes
or amendments should be made by agreement of all the
signatories of the Final Act of the General Agreement
including, in addition to the Contracting Parties, all the
other signatories."
Z-21us |
GATT Library | tm971nm0968 | First Session of the Contracting Parties. Corrigendum to Summary Record of Second Meeting | General Agreement on Tariffs and Trade, March 4, 1948 | General Agreement on Tariffs and Trade (Organization) | 04/03/1948 | official documents | GATT/1/SR.2/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/tm971nm0968 | tm971nm0968_90270003.xml | GATT_145 | 213 | 1,283 | FIRST SESSION OF THE CONTRACTING PARTIES GENERAL AGREEMENT ON TARIFFS AND TRADE
CORRIGENDUM TO SUMMARY RECORD OF SECOND MEETING
Page 2, lines 17,18 and 19 should read:
"Mr. Speekenbrink pointed out that although provisionally supporting
the view of Mr. Forthomme regarding the retention of the 60-day period, he
was prepared to consider the waiving. of the stipulation in the line of
the arguments to be put forward by other Delegates."
Page 4, statements made by Mr. B. N. 'Banerji (India) and
Mr. S. A. Hasnie (Pakistan) should rea. as follows:
"Mr. B NBANERAJI (India) sai d'that the acceptance by hsS
Government of the obliagtions of the :Charter and the Agreement would
depend largely upon the inclusioni n both these instruments of a certain
article of the Charter now under discussion in Sub-Committee. If it was
bld that there was no article in the Agreement correspondiIg to that Article
of the Charter, he would wish to move an amendment that that particular
Article of the Charter be Incorporated in the Agreement. All that he wished
to make clear at this stage was that his Delegation may be permitted to
refer to this matter again on a future occasion."
"Mr. S. A. HASNIE (Pakistan) said that his Government took the same
view on this matter." |
GATT Library | qs406kj8367 | First Session of the Contracting Parties. Corrigendum to Summary Record of Seventh Meeting | General Agreement on Tariffs and Trade, March 19, 1948 | General Agreement on Tariffs and Trade (Organization) | 19/03/1948 | official documents | GATT/1/SR.7/Corr.1, GATT/SR.7-14+SR.7/Corr.1, SR.10/Corr.1, and SR.12/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/qs406kj8367 | qs406kj8367_90270018.xml | GATT_145 | 144 | 944 | RESTRICTED
GATT/1/SR.7/Corr.1
19 March 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTING PARTIES
CORRIGENDUM TO SUMMARY RECORD OF SEVENTH MEETING
On page 4 insert the following between the statements of Mr. Leddy and
Mr. Gutierrez.
"Mr. JOHNSEN (New Zealand) considered that the position under
Article 17 of the Charter was not exactly similar. That provision
concerns a non-member of GATT which unjustifiably fails to complete
negotiations with a member of GATT necessary for it to become a member
of GATT. In that case the member could, unless the Organization decided
otherwise, withhold GATT concessions from the non-member and the latter
would then be free to withdraw from the Organization. Since it was
visualised that all members of I.T.O. would become parties to GATT
withdrawal from the Organization would be consistent with failure to
become a party to GATT." |
GATT Library | jq838rb5273 | First Session of the Contracting Parties. Corrigendum to Summary Record of Tenth Meeting | General Agreement on Tariffs and Trade, March 23, 1948 | General Agreement on Tariffs and Trade (Organization) | 23/03/1948 | official documents | GATT/1/SR.10/Corr.1, GATT/SR.7-14+SR.7/Corr.1, SR.10/Corr.1, and SR.12/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/jq838rb5273 | jq838rb5273_90270022.xml | GATT_145 | 131 | 870 | GATT/1/SR.10/Corr.1 RESTRICTED
23 March 1948
ENGLISH- FRENCH
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTING PARTIES
CORRIGENDUM TO SUMMARY RECORD OF TENTH MEETING
In the remarks of the United States representative, the following
sentence should be deleted on page 4, lines 14 and 15:
"stated his Government's view that only Article II should be made
inoperative. He"...
ACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCE
PREMIERE SESSION DES PARTIES CONTRACTANTES
RECTIFICATIF AU COMPTE RENDU ANALYTIQUE DE LA DIXIEME SEANCE
Dans les remarques du représentant des Etats-Unis qui figurant aur
lignos 4, 5 et 6 de la page 6 supprimer la phrase suivanto :
"déclaro quo, de l'avis de sen gouvernement., ce sent los dispositions
de l'article II seuloment qui dovraient ôtro rendues sans effet. II".. |
GATT Library | mw559gt9765 | First Session of the Contracting Parties. Corrigendum to Summary Record of the Twelfth Meeting | General Agreement on Tariffs and Trade, March 23, 1948 | General Agreement on Tariffs and Trade (Organization) | 23/03/1948 | official documents | GATT/1/SR.12/Corr.1, GATT/SR.7-14+SR.7/Corr.1, SR.10/Corr.1, and SR.12/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/mw559gt9765 | mw559gt9765_90270025.xml | GATT_145 | 56 | 378 | RESTRICTED
GENERAL AGREEMENT OF TARIFFS ATR 1TADE
S1OST SEONICF TH MONTCRITINACWG PAESRTM
ThemM smary record of the meeting held on Friday, 19 caroh41918,
at 3.3.mpm0.,cinoecrootly refers to the eleventh meetini, Instead of
the twelfth meet.ng, The title of tsumm ary should therefore be changed to
Tsemeywbol of the document should be altered to:
GA1TS/.8R 12
" |
GATT Library | ky798rr0863 | First Session of the Contracting Parties. Corrigendum to Summary Record of Third 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.3/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/ky798rr0863 | ky798rr0863_90270008.xml | GATT_145 | 186 | 1,173 | RESTRICTED
GATT/1/SR.3/Corr.1 10 March 1948
ORIGlNAL: ENGLISH
GENERAL AGREEMENTON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTING PARTIES
CORRIGENDUM TO SUMMARY RECORD OF THIRD MEETING
Delete the first paragraph of page 8 and substitute
"Mr. SHACKLE (United Kingdom) stated that the Agreement had been
debated and approved in the United Kingdom Parliament, and that the
Charter would also have to be debated in Parliament. It was not
possible for the United Kingdom Government to agree to the automatic
replacement of some of the provisions of the Agreement (which had been
approved by Parliament) by provisions in the Charter (which had not
been similarly approved). It had been said that certain countries
would have to sign the Final Act at Havana without knowing what the
final text of the GATT would look like. But such countries could be
reasonably confident that supersession would take place when the
Charter came into force. Further, their signature of the Charter
would imply no commitment. It was therefore reasonable that an
effort should be made to meet the difficulties of countries in a
position like that of the United Kingdom."
---- |
GATT Library | kv059zt6834 | First Session of the Contracting Parties. Corrigendum to Summary Record of Third Meeting | General Agreement on Tariffs and Trade, March 19, 1948 | General Agreement on Tariffs and Trade (Organization) | 19/03/1948 | official documents | GATT/1/SR.3/Corr.2, 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/kv059zt6834 | kv059zt6834_90270009.xml | GATT_145 | 114 | 704 | RESTRICTED GATT/1/SR . 3/Corr. 2
19 March 1948
ORIGINAL: ENGLISH
FIRST SESSION OF THE CONTRACTING PARTIES
CORRIGENDUM TO SUMMARY RECORD OF THIRD MEETING
The remarks of the representative of the United States should be amended
on Page 6 as follws:
Lines 27 to 31 should read:
"Mr. LEDDY (United States of America) suggested that the problem
should be divided into two parts:
(i) consideration of those amendments necessary to enable countries
which had not been represented at Geneva to know what would be
final text of the Agreement; and
(ii) consideration of those Charter Articles which it might be
desirable to include in the Agreement be fore the entry into
force of the Charter." |
GATT Library | yp697xr9924 | First session of the Contracting Parties. Invitation to Delegations | United Nations Conference on Trade and Employment, March 1, 1948 | General Agreement on Tariffs and Trade (Organization) | 01/03/1948 | official documents | E/CONF.2/44 and E/CONF.2/14-15/REV.1 | https://exhibits.stanford.edu/gatt/catalog/yp697xr9924 | yp697xr9924_90040101.xml | GATT_145 | 154 | 1,110 | CONFERENCE CONFERENCE E/CONF.2/44
ON DU 1 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTING PARTIES
INVITATION TO DELEGATIONS
In accordance with the terms of paragraph 2 of Article XXV of the
General Agreement on Tariffs and Trade, the first session of the
Contracting Parties was opened at the Capitol on 28 February last.
At that meeting, consideration was given to the desirability of
inviting those countries which did not participate in the tariff negotiations
held in Geneva last year to follow the first session.
Consequently, the Contracting Parties agreed that the Chairman of the
First Session, Mr. D. L. Wilgress (Canada), should convey an invitation to
those delegations participating in the United Nations Conference on Trade
and Employment which did not take part in the Geneva tariff negotiations,
to be represented by observers at the meetings of the Contracting Parties. |
GATT Library | dz484jm4056 | First session of the contracting parties. Secretariat note | General Agreement on Tariffs and Trade, February 23, 1948 | General Agreement on Tariffs and Trade (Organization) | 23/02/1948 | official documents | GATT/1/2 and GATT/1/2-8 | https://exhibits.stanford.edu/gatt/catalog/dz484jm4056 | dz484jm4056_90310269.xml | GATT_145 | 251 | 1,601 | RESTRICTED GATT/1/2
23 February 1948
ORIGINAL: ENGLISH
GENERAL AGREMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTING PARTIES
SECRETARIAT NOTE
With references to the last paragraph of Page 2 of document GATT/1/1
of 18 February, representatives are advised that the First Meeting will
take place on Saturdey, 28 February, at 10.30 a.m. in Rom 2-2
(General Committee Room).
The Agenda for the First Meeting is as follows:
1. Adoption of Provisional Rules of Procedure.
2. Election of Chairman.
3. Eection of Vice-Chaimen.
4. Adoption of Provisional Agenda.
5. Any other organizational matters.
It is. anticipated that the First Meeting will be of an organizational
nature and that the representatives of the contracting parties will consider
their plan of work for the First Session. It is expected that consideration
will be given to the draft Rules of Procedure submitted by the Secretariat,
including Rule 7, concerning the representatives of countries sigatories
of the Final Act of the General Agreement, which have not yet become
Contracting Parties. Therefore, the basis for the participation of those
representatives in the work of the First Session of the Contracting Parties
will probably be established at the end of the First Meeting on 28 February
next,
Should it be found that this proposed meeting would clash with
metings of the United Nations Conference on Trade and, Emloyment to be
held. at the same time, the meeting of the Contracting Parties would be of
a short and fonmal nature and would be reconvened the following week.
5211 |
GATT Library | hh220xf6093 | First session of the contracting parties. Secretart at note. Draft protocol to the Genral Agreement | General Agreement on Tariffs and Trade, February 27, 1948 | General Agreement on Tariffs and Trade (Organization) | 27/02/1948 | official documents | GATT/1/3 and GATT/1/2-8 | https://exhibits.stanford.edu/gatt/catalog/hh220xf6093 | hh220xf6093_90310270.xml | GATT_145 | 242 | 1,497 | RESTRICTTED
GATT/1/3
27 BebruaR 1948
ORIGINAL: ENGLISH
GENERAL AGREEEMENT OF TARIFFS AND TRAD
FIRST SESSIONOF THE CONTRACTING PARTIES
SECRETARI AT NOTE
DRAFT PROTOCOL TO THE GENRAL AGREEMENT
With reference to the draft protocol concerning typographical errors,
which was circulated. as an annexure to document GATT/l/l of 18 February,
there appears here below a list of corrections which are considered
necessay by the delegations- of Bel gium, Netherlands and Luxembourg to bring
the shedules of tariff concessions into conformity with the agreements
reached in the negotiations at Geneva.
Corrections to Schedule II
A. French text;
Page 11 Nr 100 read.: ex 100
Page 64 Nr. 80 ex c read: ex e.
Page 124 Omitted.: Deuxims parties
Tarif preferential
B. English Text'
PaGe 21 Nr. 319 ox b.
Page 74A Nr. 477 line 2 n.s.m.
" 3 white not
" 7 *** rocks
Page 79 Nr. 64 line 8 of 30 p.c.
" 14 30 P-c-
Page 80 Nr. 714, III line 7 parts - tehreCf
Page 83 Nr. 757 "12 delete ";" after machines
Page 85 Nr. ex 803 " 1 add ",' after sets
Page 86 Nr ex 831 1 te be,
Nr. ex 834 " 2 coupes
Page 93 At the bottom omitted:
5370
read: 319 b
read : n.s.m. :
read.: 319 b
read.: n.s m,:
" white, not
" racks
" of 20 p.c.
20 p.c.
" parts thereof
read: to be
read: coupes
"End of Part I" . |
GATT Library | cq542cm1527 | First Session of the Contracting Parties. Summary Record of Fifth Meeting : Held at the Capitolio, Havana, Cuba, on 8 March 1948 at 10.30 a.m | General Agreement on Tariffs and Trade, March 9, 1948 | General Agreement on Tariffs and Trade (Organization) | 09/03/1948 | official documents | GATT/1/SR.5, 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/cq542cm1527 | cq542cm1527_90270013.xml | GATT_145 | 2,159 | 13,617 | RESTRICTED GATT/1/SR.5 9 March1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTING PARTIES
SUMMARY RECORD OF FlFTH MEETING
Held at the Capitolio, Havana, Cuba,
on 8 March 1948 at 10.30 a.m.
Chairman: Mr. L. D. WILGRESS (Canada)
DRAFT PROTOCOL OF SUPERSESSION AND AMENDMENTS
Mr. LEDDY (United States of America) said that there were two problems
for the meeting to decide; the effective date of the entry into force of the
Protocol as a whole and the date on which the provisions of certain specific
articles would apply. In his opinion, the Protocol as a whole should, subject
to the necesary ratifications, enter into force thirty days after the date
of signature. The date of 1 January 1949 could be set for the application of
the terms of specific articles.
Mr. SHACKLE (United Kingdom) suggested sixty days rather than thirty for
the submission of ratifications.
Mr. HAKIM (Lebanon) agreed that the Protocol would have to be signed by
all the signatories to GATT and did not see how it could enter into force
before that happened.
Mr. ROYER (France) drew attention to the legal aspect of the question
under discussion. If the meeting decided to amend the Geneva Agreement, in so
doing it would be requiring the Contracting Parties to apply provisionally
the amended agreement. On the other hand, the signatures of non-Contracting
Parties would be subject to ratification.
The CHAIRMAN pointed out that the signatures of the Contracting Parties
would be needed immediately so that the provisions of the Protocol would become
effective.
Mr. LEDDY (United States of America) expressed the view that the Protocol
should be signed at Havana by all signatories of the Geneva Final Act.
If further ratification were needed a note could be added to the Protocol to
/the effect GATT/1/SR.5
Page 2
the effect that it should be forthcoming within sixty days.
Mr. SPEEKENBRINK (Netherlands) pointed out that countries had not bound
themselves with respect to the Geneva Agreement. The same thing would take
place at Havana, that is, they would bind themselves only to the extent of
recommending the revised Agreement to their governments.
Mr. GUERRA (Cuba) expressed the view that for the Contracting Parties
the signing of the Protocol would mean the obligation to put it into force.
For non-Contracting Parties, it would only mean a recognition of the
authenticity of the text.
Mr. HOLLOWAY (South Africa) said that for the Protocol to become valid,
it would need to be signed by all the signatories of the Final Act. Once
that had been done, however, any Contracting Party would be permitted to
take provisional action.
Mr. ROYER (France) felt that a distinction had to be drawn between the
credentials of the Contracting and non-Contracting Parties. The credentials
of the former were important because their signatures would involve an
obligation. The signatures of the latter would only serve to authenticate
the text and, therefore, would not be subject to ratification.
Mr. MYAT TUN (Burma) asked if it would not be possible for the Contracting
Parties to amend the Agreement while the non-Contracting Parties would only
pass on the authenticity of the text.
Mr. HOLLOWAY (South Africa) pointed to the difficulties which would arise
if the Contracting Parties definitely accepted the revised Agreement while
the non-Contracting Parties merely endorsed the authenticity of the text.
If the signatures of the latter were not confirmed by their governments, and
at the same time the Contracting Parties took action in conformity with the
text, disagreement would ensue between the signatories of the Final Act
at Geneva.
Mr. LEDDY (United States of America) said that the provision of a sixty-
day time-limit for acceptance of the revised Agreement should involve countries
in a firmer commitment.
Mr. GUERRA (Cuba) expressed the view that if all the Contracting Parties
accepted the Protocol, the non-Contracting Parties could simply be informed
of their agreement concerning the revised text. If the sixty-day time limit
for ratification was maintained, however, potential signatories of the revised
Agreement, would still remain in a position of ignorance concerning the final
form of the Agreement. /Mr. HOLLOWAY GATT/1/SR.5
Page 3
Mr. HOLLOWAY (South Africa) said that it would be a physical impossibility
to have the revised Agreement signed at Havana because action on the question
would have to be taken by the various national parliaments.
Mr. GARCIA-OLDINI (Chile) felt that the question could be settled without
difficulty if it was raised as a practical problem; the only real difficulty
was the necessity on the part of the United Kingdom Government, to refer the
matter to Parliament.
Mr. SPEEKENBRINK (Netherlands) said that Members which signed the Final
Act of the Charter should not be hesitant about accepting the revised
Agreement, because a country which accepted the one would also accept the
other. He, himself, had been given full powers by his Government to accept
the revised Agreement.
Mr. B. MAHADEVA (Ceylon) said that he had just received instructions from
his Government to the effect that he was to sign only with respect to the
authenticity of the revised Agreement.
Mr. SHACKLE (United Kingdom) said that the first point to be taken into
consideration, was the provision of sixty days in which governments could
raise objections to the revised Agreement. If that provision were accepted,
it would mean that all the changes in the Agreement would be made when the
Charter came into force. The second point to be decided was the proposal
for the earlier replacement of Articles XIV and XXIV by Articles 23 and 42 of
the Charter. It would be desirable to have two or possibly three separate
protocols to cover these points. There would probably be no difficulty as
regards the sixty day provision or Article 42, but the British Parliament
might wish to pass on the question of Article 23.
The whole problem was so technical that it warranted the creation of a
Working Party.
Mr. HAKIM (Lebanon) agreed with the suggestions put forward by the
representative of the United Kingdom. He expressed the view, however, that
the protocol concerning the substitution of Articles from the Charter should
not enter into force until the revised Agreement as a whole entered into
force.
Mr. SHACKLE (United Kingdom) felt that fourteen out of the twenty-three
countries could accept the revised Agreement at once if they were satisfied
with the final text of the Charter. There would be more difficulty with
respect to some of the nine countries, to the extent that having ratified
the Geneva Agreement, it would now have to be sent back to their Parliaments
for further consideration. /
/MGUERRAr. (Cuba) GATT/1/SR.5
Page 4
Mr. GUERRA (Cuba) did not consider that there should be any difficulty
in having provisions of the Geneva Agreement superseded by those of the
Havana Charter. For this reason, he felt that the nine countries which had
started to put the Agreement into effect should be allowed to amend it.
Mr. HOLLOWAY (South Africa) said that the legal reality was that GATT
was not in force but had been put into force provisionally by nine countries.
The nine, however, would not wish to do anything which would prejudice the
rights of the fourteen. The issue which had to be faced was the length of
time which the various constitutional procedures would take before the revised
Agreement could be accepted by certain countries.
Mr. LOPES RODRIGUES (Brazil) supported the suggestion for the
establishment of a working party and said that it would be useful if the
Legal Adviser could be present at its meetings.
Mr. FORTHOMME (Belgium) felt that it would be desirable to waive the
sixty-day provision as countries were interested to know what form the final
text of the revised Agreement would take. He was reasonably confident of
being able to pursuade his Government on this point. As regards the
substitution on Article 42, he thought that his Government would also accept
it, but for mechanical reasons it might take two or three weeks time.
Mr. LEDDY (United States of America) suggested that the working party
might consider whether a resolution urging countries not to avail themselves
of the proviso contained in 2 (a) of Article XXIX might not be the best way
to deal with the question of supersession.
Mr. ROYER (France) drew the Belgian representative's attention to the
fact that he had made no mention of Article 23. To the French Government
the substitution of that Article was of equally crucial importance as the
substitution of Article 42.
Mr. FORTHOMME (Belgim) said that he had not as yet received instructions
concerning Article 23.
Mr. DAO (China) said that he had not as yet received instructions from
his Government concerning the draft Protocol of Supersession and Amendments.
In connection with the Chinese amendments, he requested that they be placed
on the agenda for the next session.
On the suggestion of the CHAIRMAN, the meeting agreed to the following
terms of reference for the working party: "To submit concrete proposals
by Friday, 12 March, on the implementation of items 8 and 9 of the Agenda in
the light of the discussions which had taken place to date." GATT/1/SR.5
Page 5
The CHAIRMAN stated that the terms of reference would also include a
recommendation concerning the date of entry into force of the Protocol and the
suggestions of the United Kingdom and the United States representatives.
It was agreed that the working party should be composed of the
representatives of Cuba, France, Lebanon, Netherlands, Norway, the United
Kingdom and the United States.
SIGNATURE OF PROTOCOL INCORPORATING TYPOGRAPHICAL CORRECTIONS TO THE
GENERAL AGREEMENT
The CHAIRMAN suggested that a time-limit be set for the submission of
corrections and that a Sub-Committee be appointed to deal with this item after
the meeting had given it preliminary consideration.
Mr. SHACKLE (United Kingdom) suggested that the fuller description of
the Final Act included in the preamble of the Draft Protocol put forward by
the United States delegation (document GATT/1/6), be adopted. In the third
paragraph of the preamble he suggested the deletion of the words after
"authentic texts", as the only authentic texts would be those in the original
language.
Mr. ROYER (France) felt that the third paragraph of the preamble was
not sufficient. In his opinion, corrections could be made first to the
authentic text and then to the translation of it.
Mr. PELMPS (United States of America) felt that there was no need to
mention translations in the Protocol, alhtouhi he had no objection to their
being brought into harmony with the authentic text.,
Mr. FORTHOME3 (Belgium) preferred to include correctionsiIn both lanuvages
in one single document.
After asahort discussioncoocecritgS the time-limit for the submissionoOf
corrections, the meeting agreed on the date of 13 March. The representatives
of France and Cuba pointed out that certain corrections which had been
already submitted, represented caunges in concessions which had been made at
Geneva.
The CHIRTMAN announced habt the Sub-Committee would separate the
typographical corrections from any others which might have been put frwrard.
It would also consider the form of the Protocol. It was agreed that the
representatives of Australia, Brazil, China, Luxembourg, Syria and the
United States should comonse the Sub-Cmnmittee.
/M., SHCKLWE (United Kingdom) GATT/1/SR.5
Page 6
Mr. SHACKLE (United Kingdom) suggested the representatives sending in
corrections should indicate, where possible, with what country each
particular concession had been negotiated. The CHAIRMAN also asked
representatives who wished to make comments to submit them to the
Sub-Committee.
ACCESSION TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE
The CHAIRMAN asked if the meeting wished to defer this question to
its second session or not.
Mr. SPEEKENBRINK (Netherlands) felt it would be desirable if the
meeting could at least conclude that it would be useful for a new set of
negotiations to take place. Everything should be done to increase the
circle of countries which were applying the Agreement.
Mr. LEDDY (United States) said that although he had not yet received
instructions from his Government, he could say with reasonable certainty
that it could not enter into formal negotiations during the first half
of this year and with respect to the second half of the year, he could
only say that it might be possible to undertake exploratory discussions.
Mr. ROYER (France) said that without the participation of the
United States, there would be far fewer candidates for negotiations, but
that it might be interesting to know which countries would be prepared to
contemplate such a step during the second half of this year, the United States
reserving its position in this connection.
In reply to the representative of China, Mr. LEDDY (United States),
said that his statement applied both with respect to parties to GATT and
to other countries.
The CHAIRMAN announced that consideration of this item would be
postponed for later on. In reply to the suggestion of the French
representative, he stated that this information should be gleaned from
informal discussions.
The meeting rose at 12.45 p.m.
mm no |
GATT Library | bw311ff1424 | First Session of the Contracting Parties. Summary Record of Fourteenth Meeting : Held at the Capitolio, Havana, Cuba, on 20 March 1948 at 8.30 p.m | General Agreement on Tariffs and Trade, March 23, 1948 | General Agreement on Tariffs and Trade (Organization) | 23/03/1948 | official documents | GATT/1/SR.14, GATT/SR.7-14+SR.7/Corr.1, SR.10/Corr.1, and SR.12/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/bw311ff1424 | bw311ff1424_90270027.xml | GATT_145 | 1,686 | 10,743 | RESTRICTED
GATT/1/SR .14
23 March 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTING PARTIES
SUMMARY RECORD OF FOURTEENTH MEETING
Held at the Capitolio, Havana, Cuba,
on 20 March 1948 at 8.30 p.m.
DECISION CONCERNING THE FORMATION OF A CUSTOMS UNION BETWEEN FRANCE AND
ITALY (Reference GATT/1/49)
Mr. ROYER (France) proposed the following alterations in the text:
(i) the preamble of paragraph 1 to be deleted.
(ii) in the second line of paragraph 2, read "one of the parties
not a contracting party proposes....".
(iii) in the third line of paragraph 2 read "Article II of the
General Agreement on Tariffs and Trade, the procedure......",
and in line four of paragraph 2, read "Article XXXVIII of that
Agreement shall apply".
(iv) in paragraph 4 (a) (i) read "XX and XXI of the General Agreement
from Tariffs and Trade)".
Mr GUERRA (Cuba) proposed that the words "on Tariff and Trade" be
inserted after the word "Agreement", in paragraph 5.
Mr. COOMBS (Australia) said that the concurrence of his delegation
in the approval of the documents was subject to confirmation by his
government.
The document was approved.
Mr.ROYER (France) thanked the contracting parties for a decision
which was especially felicitous in that the preliminary protocol of the
customs union between France and Italy bad been signed the same day.
PROTOCOL (Reference GATT/1/46)
Mr. LEDDY (United States) proposed that a comma should be inserted
before the word "which" in line four, that the comma in line five be
deleted and that the words "Having approved" in the first line of
paragraph 2 should be capitalized. Document GATT/1/28 should be made to
conform with the latest text of the Article and the addendum to paragraph 5(a)
agreed on at a previous meeting should be included.
. /I~~~~~ agreed~~~~~it was GATT/1/SR.14
Page 2
It was agreed on the suggestion of Mr.SHACKLE (United Kingdom) to delete
the square brackets in the second sentence of the fifth paragraph and also
to delete the word "texts" in this sentence and in all similar contexts. It
was also agreed that the phrase in paragraph 6 should be amended to read
"the respective representatives duly authorized" in the same sentence and
in all similar contexts. It was further agreed that the year should be
printed in figures.
The Protocol was approved.
REVISION OF DRAFT PROTOCOL CONTAINED IN DOCUMENT GATT/1/28 MODIFYING CERTAIN
GENERAL PROVISIONS OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE (Reference
GATT/1/47/Rev.1)
It was agreed on the proposal of Mr. SHACKLE( united Kingdom) to replace
the phrase "the general provisions" in paragraph 3 and in the title by the
words "certain provisions".
Sections I, II, III and IV were approved.
Mr. LEDDY (United States) proposed that the words "of the General
Agreement on Tariffs ard Trade" in lines two and three be deleted, and. that
the fourth line be amended to read "of the General Agreement on Tariffs and
Trade".
Mr. GUERRA (Cuba) pointed out that his delegation had at the previous
meeting reserved its position on this protocol on account of this paragraph.
He agreed after some discussion that if the end of the fourth line
were amended to read "on the fifteenth day of April, 1948", this reservation
could be withdrawn. This proposal was adopted.
It was agreed that the words "on Tariffs and Trade" should be inserted
in the third line of the second paragraph.
Discussion of the new Article XXXV was re-opened. Mr. COOMBS (Australia)
said that he had recommended that his Government should sign the Protocol
in its present form. He found, however, the wording of sub-paragraph (b)
to be obscure.
After some debate on this last point it was agreed that the present
Wording should stand but that legal advice should be obtained.
The Protocol was approved.
REVISION OF THE DRAFT SPECIAL PROTOCOL CONTAINED IN DOCUMENT GATT/1/21
MODIFYING ARTICLE XIV OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE
(Reference GATT/1/27/Rev.1)
It was agreed that in the fifth and sixth lines on page 1 the words
"hereinafter referred to as the General Agreement" should be deleted and
that the phrase "General Agreement on Tariffs and Trade" should be printed
in full wherever appropriate. /It was also agreed Page 3
It was also agreed that the following words should be inserted at the
bottom of page 4 "II The following Interpretative Note shall be inserted
in Annex I",and that the following words should be inserted at the top of
page 6,III the following Annex shall be added to the General Agreement
on Tariffs and Trade". Sections II and III of the document therefore become
Sections IV and V.
Mr.LEDDY (United States) wished to insert a new Section VI to the
effect that the provisions of the Article and the Annex attached to it
should not apply until 1 January 1949, and to say in Section III that the
modifications provided for in the Protocol should become an integral part
to the General Agreement on the day on which the Protocol shall have been
signed by all of the contracting parties to the Agreement.
Mr.ROYER(France) suspected that if this change was made, and if all
the contracting parties signed at an early date nobody would have the right
to discriminate for a certain period.
Mr.LEDDY (United states) therefore withdrew his proposed new Section VI
and suggested that Section I might be amended to read: "On and after
January 1, 1949, Article XIV....."
Mr.ROYER (France) agreed. with this suggestion and proposed that a
sentence should be inserted in Section III to the effect that the Protocol
should come into force when all the contracting parties had signed it.
After further discussion, Mr.LEDDY (United States) proposed the
following form of words "This Protocol shall enter into force on the day
on which it has been signed on behalf of the Government who at the time are
contracting parties to the General Agreement on Tariffs and Trade".
On the proposal of Mr.COOMBS (Australia) it was agreed to insert the
words "of signature" after the word "time" in the first line of the
second pargaph.
The Protocol was approved.
The CHAIRMAN announced that the texts of the five documents mentioned
above would be circulated on the twenty-second of March in a form ready
for signature, and that comments on typographical errors should be
submitted not later than 6.00 p.m. on that day.
RESOLUTION(Reference GATT1/39/Rev.1)
This Resolution was approved without change.
REQUEST BY THE DELEGATION OF PERU REGARDING DOCUMENTATION (Reference
Mr.ROYER (FRANCE), Mr.LOPES-RODRIGUES(Brazil) and Mr.SHACKLE
(United Kingdom) thought that the information asked for was far too GATT/SR/14
Page 4
comprehensive to be included In the GATT documentation and could in any
case bo found elsewhere.
The SECRETARY said that much of the information could be supplied upon
request from the files of the United Nations.
It was agreed that no steps could be taken to meet the specific Peruvian
request, although the information could be made available from other sources.
AC'TION UNDER PARAGRAPH 6, ARTICLE XVII (Reference GATT/1/20)
Mr.GUERRA (Cuba) wished to have stated in the record of this meeting
that the problem confronted by the industries which were the subject of the
application of the transitional measures provided for in Article XVIII of
the General Agreement on Tariffs and Trade was of a very great importance
to Cuba. The Cuban delegate wished to record the announcement of the
determination of his Goverment to avail itself, in due opportunity, of all
the possibilities within the provisions of the General Agreement to make
possible the reasonable but adequate protection of these industries, and
that his Government very definitely expected that when these matters come
up, perhaps at the next Session of the Contracting Parties, the need and
possible ways of meeting their problem will be considered and recognized
in the light not only of the provisions of the General Agreement on Tariffs
and Trade but also of the new provisions contained in the Havana Charter,
and particularly of the spirit of Article 13 of said Charter.
After a short exchange of views, it was agreed that consideration of
this matter should be deferred until the second session.
PROVISIONAL APPLICATION OF THE AGREEMENT.
In reply to a request made at a previous meeting, Mr. LACARTE
(Deputy Executive Secretary) announced that word had been received from
Lake Success to the effect that the United Kingdom and the Netherlands
had notified the application of the Protocol of Provisional Application
in respect of their overseas territories.
SECRETARIAL ARRANGEMENTS FOR THE CONTRACTING PARTIES.
Mr.SHACKLE(United Kingdom) proposed that the secretarial services
should be furnished by the Interim Commission, that communications should
be addressed. to: "The Departmet of Economic Affairs, United Nations,
Geneva, Switzerland", and that the Chairman should have the responsibility
for convening meetings.
The first and third proposals were approved but on the suggestion
of Mr. COOMBS(Australia), supported. by Mr.LAMSVELT (Netherlands) it was
agreed that communications should be addressed to "The Chairman of the
Contracting Parties to the General Agreement on Tariffs and Trade,
c/o The Executive Secretary, Interim Commission of the ITO".
/DATE OF GATT/1/SR.14
Page 5
DATE OF THE SECOND SESSION
The CHAIRMAN pointed out that the Executive Committee of the Interim
Commission had taken no final decision on its next meeting but had taken
note of the agreement reached by the contracting parties at their last
meeting as to the date of the next meeting of the contracting parties.
It was agreed that the date should be left to the discretion of the
Chairman.
The CHAIRMAN proposed and the contracting parties concurred in a vote
of thanks to the Government of Cuba for authorizing the First Session of
the contracting parties to take place in the Capitol at Havana.
Mr. LACARTE (Deputy Executive Secretary) stated that the delegations
of Australia, Burma, China, Cuba, France, Syria, the Union of South Africa
and the United States did not yet possess the proper credentials to enable
them to sign the Protocols on Wednesday, 24 March.
It was agreed that the Protocol on Rectifications (document GATT/1/37)
should be brought into conformity with the other Protocols as regards its
general form and presentation.
The meeting rose at 11.45 p.m.
----- |
GATT Library | kn043mh6050 | First Session of the Contracting Parties. Summary Record of Ninth Meeting : Held at Capitolio, Havana, Cuba on 17 March 1948 at 2.30 p.m | General Agreement on Tariffs and Trade, March 20, 1948 | General Agreement on Tariffs and Trade (Organization) | 20/03/1948 | official documents | GATT/1/SR.9, GATT/SR.7-14+SR.7/Corr.1, SR.10/Corr.1, and SR.12/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/kn043mh6050 | kn043mh6050_90270020.xml | GATT_145 | 1,134 | 7,281 | GATT/1/SR.9
20 March 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTING PARTIES
Held at Capitolio, Havana, Cuba on 17 March 1948 at 2.30 p.m.
Chairman: Mr. L..D. WILGRESS(Canada)
TheCHAIRMAN welcomed the provisional application of the General Agreement
by Czechoslovakia (document GATT/1/31). The Contracting Parties were very
glad that Czechoslovakia would be one of their number by the time the
Second Session took place.
Item VI of the Agenda of theFirst Session: Notification of Measures taken
by Contracting Parties under Article XVIII, paragrapg 6, of the
of the General Agreement (Document GATT/1/20).
Mr. LEDDY (United States of America) stated he was unable to give an
opinion regarding the measures taken by the Cuban Goverment, referred to
in document GATT/1/20. He was waiting instructions and would prefer to
have consideration of the matter postponed.
Mr. ROYER (France) asked for clarification concerning the Cuban tariff
items "Trimming, gallons and ribbons", which were the subject of
negotiation by Cuba at Geneva but were also mentioned in document GATT/1/20.
It was now suggested that these item should be deleted from the Cuban
schedule by means f the Protocol of Typographical Rectifications, on the
basis that they were originally included by mistake. He wished to know
what was the reason for this deletion,
Mr. GUTIERREZ (Cuba) stated his delegation was still consulting with
the United States on this matter and that he would prefer not to discuss
the matter at that stage.
The CHAIRMAN ruled that the matter would be deferred to a later
meeting. He then requested the Australian repesentative to state his
country,s position concerning the measure which had been notified by
Australia at Geneva, under Article XVIII (6),
Mr. MORTON (Australia) stated his Government's opinion that the measures
taken by Australia were not in conflict with the General Agreement. He was
/not clear on GATT/1/SR.9
Page 2
not clear on whether the notification made at Geneva had been of a formal
nature; if so, his Government withdraw it.
Amendment to paragraph 6 of Article XVIII suggested by the Brazilian
delegate (document GATT/1/29).
Mr. LEDDY (United States of America) expressed sympathy with the
intention of the Brazilian amendment. He was not sure, however, that a
formal amendment to the Agreement was needed, insofar as Article XXV,
Paragraph 5, gave the contracting parties the necessary authority to act in
these questions. If formal recognition of the Brazilian case were necessary,
the meeting could take note of the report of the United Nations Conference on
Trade and Employment on Article 14 of the Havana Charter and of the
Brazilian proposal, noting that the question was covered in the
Gneral Agreement and that cases such as the one mentioned in GATT/1/29
would no doubt be given sympathetic consideration whan they were submitted
to the contracting parties. He felt this would meet the substance of the
Brazilian amendment.
Mr. LOPES-ROIRIGUES (Brazil) felt the United States proposal was
acceptable. On the question of the majority needed in reaching decisions,
he would want the Resolution to require only a simple majority instead of
the two-thirds majority mentioned in Article XXV, paragraph 5.
Mr.ROYER (France) pointed out that Mr. LEDDY's formula implied that
a two-thirds -majority was needed. If it were desired to change the majority
rule, an amendment to the Agreement would be necessary.
Mr. LEDDY (United. States of America) stressed the fact that under
ArticleXXV, paragraph 5 (a), the Contracting Parties could, by a two-thirds
vote, agree on which matters could be dealt with by a simple majority.
The CHAIRMAN stated there appeared to be no objecticn to the Resolution
proposed and asked the Secretariat to prepare a text in time for the next
meeting.
Mr. LOPES-RODRIGUES (Brazil) reiterated his preference for a simple
majority provision.
Mr. LEDDY (United States of America) stated that in defining cases
under paragraph 5 (a) of Article XXV, the decisions to be taken by the
contracting parties would involve a more thorough consideration by
Governments of the questions at issue than could take place at the
First Session. The best way to meet the Brazilian case and to ensure action
at the present Session, was to approve a Resolution, suggesting sympathetic
consideration of cases of the nature raised which might be submitted at a
later stage.
/It was agreed GATT/1/SR. 9
Page 3
It was agreed that the Secretariat would prepare a draft Resolution,
while the Brazilian delegation considered the matter further.
Item 7(b)of the Agenda: An questions that may be raiseds concerning
commitments made under the Agreement and reagarding its operation.
Mr. SKAUG (Norway) stated some United States concessions negotiated
at Geneva were not yet being applied. If the Reciprocal Trade Agreements Act
were no longer in force after June 12 next, could the United States
administration give effect after that date to those concessions, or would
they have to be approved by Congress?
Mr. LEDDY (United States of America) stated that he was awaiting
instructions and that he would provide the necessary informatin immediately
it came to hand.
Mr. SKAUG (Norway) wished to bear at an early date from the
United States regarding his query and hoped the reply would be such as to
avoid difficulties at a later stage.
The CHAIRMAN stated that although Article XXII provided means for
consultation, this should not preclude elucidation of points such as that
which had been raised by Mr. Skaug, by means of informal exchanges. In the
future, however, delegations intending to put questions of this nature should
endeavour to give prior notice.
Mr. ADARKR (India) supported Mr. Skaug's question to the United States
representative and hoped that a reply would be forthcoming before the end
of the First Session.
Mr. LEDDY (United States of America) assured the meeting he would
endeavour to provide the particulars as early as possible. For purposes of
information, he would like to know the plans of signatories of the Final Act
at Geneva regarding signature of the Protocol of Provisional Application.
Delegates could advise the Secretariat, which would pass on the information
to the other delegations.
This was agreed.
Mr.ROYER (France) reminded the meeting that France had not availed
herself to date of the provisions of Article XXVI but that at the end of
June 1948, it might be necessary to reconsider the matter, particularly, as
France was not yet enjoying certain benefits because the principal suppliers
thereof were not yet applying the Agreement.
Mr. LAMBVELT (Netherlands) inquired whether the Secretariat had
received any news concerning the provisional application of the Agreement
in respect of the Dutch overseas territories.
The CHAIRMAN stated the Secretariat had had no formal notification, but
/that it would that it would cable United Nations Headquarters in Lake Success and would
advise in due course.
The CHAIRMAN then declared Item 7 of the Aegnda disposed of.
The meeting was then adjourned. |
GATT Library | gc620sw0171 | First Session of the Contracting Parties. Summary Record of Second Meeting : Held at the Capitolio, Havana, Cuba on 2 March 1948 | General Agreement on Tariffs and Trade, March 4, 1948 | General Agreement on Tariffs and Trade (Organization) | 04/03/1948 | official documents | GATT/1/SR.2, 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/gc620sw0171 | gc620sw0171_90270002.xml | GATT_145 | 1,991 | 12,284 | GATT/SR.2* RESTRICTED
4 March 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTING PARTIES
SUMMARY RECORD OF SECOND MEETING
Held at the Capitolio, Havana, Cuba on 2 March 1948
Chairman:Mr. L. D. WILGRESS (Canada)
In opening the meeting the Chairman suggested that examinaticn of the
Rules of Procedure should be left for a later occasion and that this meeting
should examine in a preliminary, manner Item 8 in the Provisional Agenda
(Annexure,2, GATT/l/l), and the new Item 9 as recorded on page 3 of the
Summary Record of the First Meeting. He sald that thee Items were of
greater urgency than the other items on the Agenda and also were of great
interest to the participating observers; some of the representatives present
had been given authority to sign a protocol correcting the Schedules of the
Agreement but not a protocol of supersession or amendments and., therefore,
it was desirable to clarify as soon as possible the form of the documents
which were likely to require signature at the end of this first session.
This programe was approved.
1. Item 8: Relation of-the Genera Agrement to the Charter (Article XXIX)
The Chairman read parts of paragraph 2 of Article XXIX dealing with the
relation of the General Agreement to the Charter for an.I.T.O. which provided
that Article I and Part 11 of the. Agreement should be suspended and
superseded by the corresponding provisions of the Charter on the day that
the Charter enters into force; within 60 days of the closing of the Havana
Conference any contracting party, might lodge an objection to any provision
of the Agreement being thus; suspended and superseded. During discussion. of
Article 17, however, several delegates which had not been members.of the
Preparatory Committee had insisted that they would require to know what
changes were going to be made in the General Agreement before they could sign
the Final Act of the Havana Conference; therefore the relations between the
Agreement and the Charter required the consideration of the contracting
parties,
Mr.J. ROYER (France) said that the French Delegation at, Geneva had,
accepted the General Agreement on condition that Part E would subsequently
* This replaces the document of the same symbol issued on 3 March on blue
paper, all copies of which should be destroyed.
659 /be repIaced GATT/1/SR.2
Page 2
be replaced as the Agreemet and the Charter could not have divergent
conditions. To meet the case of those who did not wish to sign the Final Act
of the Conference without knowing the contents of the General Agreement, he
suggested that the contracting parties should decide now to waive their right
under paragraph 2 of Article XXIX to wait 60 days before recording their
objections to the suspension and supersession of certain provisions of the
Agreement.
Mr. J. A. GUERRA (Cuba) supported the proposal of Mr. Royer, but
Mr. P. A. FORTHOME (Belgium) thought that the privilege of lodging objection
within 60 days should be maintained. Mr. J. J. SHACKLE (United Kingdom) said
that although he had not received instructions from his Government on this
point he believed that he could support the views of Messrs. ROYER and GUERRA
nevertheless, it was a difficult question to decide since the final text of
some important Articles of the Charter was not yet known and it might not be
possible to settle the question of supersession at Havana, that might be done
at the time of the first meeting the Iterim Commission of the I TO
Mr. A. B. SPEEKENBRINK (Netherlands) said that he appreciated the
difficulties which had been mentioned but nevertheless he would support the
views of Mr. FORTHOMME regarding the retention of the 60-day period.
M. J. W. EVANS (United States) said that in the absence of definite
instructions he could only express the opinion that the proposal to waive
the 60-day period might be acceptable; so far as the amendment to the
Agreement was concerned, he could take up this question with his Government
in relation to particular Articles.
Mr. H. C. COOMBS (Australia) emphasized the point that since the Charter
required members to accept the General Agreement the delegations at Havana
were entitled to know that the Agreement, will contain before they are called
upon to submit the Charter to their governments. He thought the contracting
parties might agree now to the supersession of certain Articles and waive the
right to object to further supersession.
Mr. ROYER (France) again stressed the importance to his Government of
the supersession of Article XIV by the new Article 23 of the Charter and the
replacement of parts of Article XIV by the new Article 42 of the Charter.
He said it was essential that the present Article XIV should be superseded
by 1 Januay 1948 and that Article XXIV should be amended now so that France
and other countries can proceed with the establishment of customs unions and
free-trade areas. In this latter proposal Mr. ROYER was unanimously
supported by Mr. G. HAKIM (Lebanon) and Mr. H. SAWAF (Syria).
Dr. J. S. HOLLOWAY (South Africa) said that he had authority to discuss
questions of supersession but if it were proposed to amend the Agreement he
had no authority from his Government to participate in the discussions.
/Several GATT/l/SR. 2
Page 3
Several representatives then participated in the discussion of the right
of the 9 contracting parties to take decisions on supersession or amendment
without the agreement of the other 14 signatories of the Final. Act at Geneva.
Various views and proposals were put forward including: it might be that
the 9 contracting parties could not alter a document which had been signed
by 23 countries, but those 9 could meanwhile change their own obligations
under the Protocol of Provisional Application and if the other.14 signatories
were prepared to accept these alterations a. second protocol could be signed
by all 23; if some of the other 14 signatories did not agree to the changes
introduced by the 9 contracting parties they would be virtually precluded
from accepting the Agreement and therefore all changes should obtain the
approval of all 23 signatories.
Mr. ROYER (France) said that if no practical solution were found for this
problem he would have to reserve his right to revert to the question of this
legal rights of the contracting parties,
Mr. EVANS (United States), in amplification of his earlier remarks,
stated that he thought his Government would not agree to the general :
supersession at any date earlier than the entry into force of the Charter In
terms of Article XXIX but if i't was proposed that a particular Article in
Part II or even elsewhere in the Agreement should be replaced forthwith, he
would submit the matter to his Government and it might be approved.
The Chairman summing up the discussion on Item 8 said that there seemed
to be general agreement that all questions of superseassion and amendment would
have to be agreed by all 23 signatories and that a new protocol waiving the
60-day period should be signed at Havana and that,, consequently, the
representatives of the 23 stories should request instructions and
credentials. He asked the Executive Secretary to prepare a draft protocol as
the basis for further discussion.
2, Item9: Amendments and. Proposals relating to Articles of Agreement
not covered by Artickle XXIX
In opening the discussion on Item 9 the Chairman mentioned that the Co-
ordinating Committee of the Conference, in its report to be discussed on the
following day by the Heads of Delegations (B/CONF.2/45), was recommending
that the clause requiring unanimity for the admission of a country as a
contracting party should be replaced by a two-thirds vote and that paragraph 5
of Article XXV should: be amended in the light of the proposed amendments to
Article 17, Mr. GUERRA (Cuba) said that this second recommendation of the
Co-ordination Committee covered paragraph (b) of Item 8 of the Agenda. The
Chaiman, therefore, mentioned, tait the only subjects which appeared to
require consideration under Item 9 were the proposal of the Delegation of
France for an amendment of Article XXIV and the two recommendtions of the
Co-ordinating Committee. /Mr. EVANS GATT/1/SR.27
Page 4
Mr. EVANS (United States) said that he could not at present state.the
final position of his Government on the proposal of W. ROYER to amend
Article XXIV; he would have to give further study to the position of bound
rates of duty in the event of the formation of a customs union. Mr. ROYER In
reply said that he would Have no objection to providing some procedure whereby
an Injured party could seek a satisfactory adluetment or cacpensation, he
mentioned in this connection the formula provided in Article XXIIIand in
Article XXIII
Mr. F. Garcia OLDIDI (Chile) and Mr. B. L. RODRIGUEZ (Brazil) suggested
respectively, that Article .5 and.Articles 26, 27 and 28 should be added to
the Agreement. W. HAKIM (Lebanon) and Mr. SAWAF (Syria) supported the
proposal of 0W. Garcia OLDIII but Mr. GUERRA (Cuba) said that he would be
opposed and M. EVANS (Uhited States) said that he believed his Goverment
would not agree to the Introduction of new Articles into the Agreement at
the present time.
Mr. B. N. BANERJI (India) said that the attitude of his Government to
the Charter and to the Agreement would depend largely upon the inclusion
of e certain Article; if there was no corresponding Article in the Agreement
to be superseded by the Article of the Charter to which he referred, he would
wish to move an amendment that this Article be included; he would probably
refer to this matter again on a future occasion, M. S. A. HASNIE (Pakistan)
said that his Government took the same view on this matter.
Mr. HASNIE (Pakistan) referred to the negotiation of tariff concessions.
by the delegation of India at Geneva; the two Deminions of India and Pakistan
had now been created and it was found that some of the concessions granted
brought no compensatory advanteges to Pakistan and therefore his Government
would seek the privilege of re-opening negotiations with the countries
concerned; the list of items suggested for re-negotiation would be restricted
to the smallest number possible and might not exceed half a dozen. The
Chairman suggested that this question might be brought up for diecussion
under Item 7 of the Agenda.
In summing up the discussion on Item 9, the Chairman paid that there
appeared to be general agreement that the substitution of the new Article 42
for parts of Article XXIV should be considered favourably; and secondly, that
if the recommendations of the Co-ordinating Committee on Article XXY and the
unanimity rule were adopted by the Heads of Delegations, these reconmnendatione
could then be considered by the contracting parties. The Chairman asked the
Executive Secretary to prepare for further discussion a draft protocol
covering these three amendment. The suggestion was made, and it was agreed,
that the draft protocol should cover also the supersession of Article XIV.
The Chairman then suggested that the representative of the 23 signatories
/should ask. GATT/1/SR.2
Page 5
should ask their governments for authority to sign protocols or other
instruments relating to the supersession and amendment of Articles of the
Agreement, in making the request it could be explained that these powers
would not be used except on instruction following cable advice of the
contents of the protocol.
Mr. SPEEKENBRINK (Netherlands) suggested that a further change should
be made in the Agreement, namely, a re-wording of paragraph I of Article XXIX
to bring it up to date when the proposed adoption of a Charter by the
United Nations Conference on Trade and Employment has actually taken place.
The Chairman agreed that this should be included in the draft protocol.
3. Next Meeting
The Chairman stated the first subject on the Agenda for the next meeting
would be the continuaticn of the preliminary examination of Items 8 and 9.
-INS Z3 ad |
GATT Library | ng962jn6993 | First Session of the Contracting Parties. Summary Record of Seventh Meeting : Held at the Capitolio, Havana, Cuba, on 13 March 1948 at 6.oo p.m | General Agreement on Tariffs and Trade, March 15, 1948 | General Agreement on Tariffs and Trade (Organization) | 15/03/1948 | official documents | GATT/1/SR.7, GATT/SR.7-14+SR.7/Corr.1, SR.10/Corr.1, and SR.12/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/ng962jn6993 | ng962jn6993_90270017.xml | GATT_145 | 2,970 | 19,234 | RESTRICTED
GATT/1/SR,7
15 March 1948
ORGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTING PARTIES
SUMMARY RECORD OF SEVENTH MEETING
Held at the Capitolio, Havana, Cuba,
on 13 March 1948 at 6.oo p. m.
Consideration ofDocument GATT/1/21.
Mr. LEDDY. (United States of America) introduced the following three
proposals by his delegation:
1. Paragraph 6 of Article XXIX as set forth in the Protocol on
supersesaion would be deleted and the proposal to Include such a
paragraph would be placed on the agenda for the next Session.
2. Item VI would be amended to read as follows:
"Notwithstanding the provisions of Article XXX of the
General Agreement on Tariffs and Trade, the modifications of
the General Agreement on Tariffs and Trade provided for in
Items I through V, inclusive, of this Protocol shall become
effective, as among contracting parties to the Agreement,
on this day of March, l948."
3. A new paragraph would be added reading as follows:
"Signature of this Protocol by any government which is
not at the time a contracting party to the General Agreement
on Tariffs and.Trade shall serve to authenticate the texts of
the modificatione of the General Agreement 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 Nay 1, 1948."
Mr. HAKIM (Lebenon), referring to the first of the three proposals put
to the -meeting by Mr. Leddy, felt that paragraph 6 of Article XXIX should
-be included in the proposed Protocol. The work done at Geneva had been
carried out.-in preparation for the United Nations Conforence. on . Trade and
Employment; therefore, the General Agreement was subsidiary to the Cherter
and the contrsoting Parties should all, become members -of the ITO and be- bound
/by its Charter. GATT/1/SR.7
Page 2
by its Charter. On grounds of principle, he urged that the paragraph be
included in the Protocol.
Mr. ROYER (France) supported-the views of the delegate of Lebanon. There
should be no conflict between the terms of the Charter and those of the
General Agreement. However, there were certain difficulties in inserting
paragraph 6 of Article XXIX in the Protocol because certain delegations
required time to consider the question. He suggested the matter should be
left for consideration at the Second Session of the Contracting Parties.
Mr. ADARKAR (India) also supported the views of the delegate of
Lebanon. Every possibility of conflict between the Charter and the
General Agreement should be eliminated.
Mr. SAWWAF (Syria) could not accept deletion of paragraph 6 of
Article XXIX for the reasons given by previous speakers.
Mr. LEDDY (United States of America) put forward the view that if
non-urgent matters were to be dealt with at the First Session, it might be
diffio,.lt to finish the work on time. Only emergency proposals should be
considered,-
Mr. SHACKLE (United Kingdom) supported the first proposal made by the
United States, due to reasons of convenience and.to the need to give further
consideration to the matter.
Mr.SPEEKENBRINK (Netherlands) felt nothing should be included in the
Protocol that was not of an emergency character.
Mr. ADARKAR (India) stated this was a complex matter which should be left
for later study, provided It was understood that consideration of all relevant
parts of the problem was postponed. This would require deletion of the
second sentence of paragraph 3 of Item IV of the Protocol (page 9 of GATT/l/21).
He further suggested the insertion in paragraph 2 of Item IV of references to
Article I of the Agreement.
Mr. LEEDDY (United States of America). was in agreement with Mr. Adarkar.
The CHAIRMAN suggested that the Secretariat should circulate as soon
as possible a. new draft of Article XXiX as amended.
Mr. LEDDY (United States of America) explained that the date contained
in his third proposal met the position of delegations which required a little
time before signing the Protocol.
Mr. HOLLOWAY (South Africa) felt that the proposed text would meet the
case of his delegation.
Mr.SEACKLE (United Kingdom) suggested that the word "throughh In the
second United States proposal should be -deleted and replaced 'by the word "to".
Mr. COOMBS (Australia) inquired 'Why it was necessary for signature of
the Protocol to take place at the end of the United Nations Conference on
Trade and Eemployment. /Mr. LEDDY Page 3
Mr. LEDDY (United States of America) replied that non-participants in
the Geneva negotiations should know what would be the final contents of this
General Agreement before signing the Final Act at Havena, because the Charter
contained commitments in respect of the Agreement.
Mr. COOMBS (Australia) wanted to know whether.this explanation accounted
for the.entire content of the Protocol.
The CHAIRMAN stated that only provisions of an emergency nature were
being included, in accordance with a decision taken at a previous meeting.
Mr. COOMBS (Australia), was not clear on the change proposed in respect
of Article 42 of the Charter. Was signature in this connection required by
the end of the Trade Conference?
Mr. ROYER (France), in reply, reiterated the substance of statements
he had made previously concerning the proposed Franco-Italian customs union.
Mr. LEDDY (United States of America) felt that all due assistance
should be extended in respect. of Italo-French plans. The support of his
Government was, naturally, subject to agreement being attained on the text
of Articles 23 and 42 of the charter.
The CHAIRMAN declared the second and third United-States proposals
agreed, subject to the small drafting amendment proposed by the
United Kingdom representative. He then proposed that the Protocol starting
on page 4 of document GATT/1/21 should be discussed by paragraph.
Paragraphs 1, 2 and 3 were, agreed without any change.
Item I was then considered.
Mr. COOMBS (Austrlia) wanted confirmation that the reason for
including the specific terms Of-Article 42 of the Charter. instead of
including a reference to this Article In the list contained under item IV,
was to facilitate the plans being made by the French and Itlian Governments.
The reply of Mr. ROYER (France) was followed by Mr. SPEEKENBRINK
(Netherlands), who pointed out that the text of Article 42 cotained in
GATT/l/21 was, of course, still provisional,
Mr. ROYER (France) suggested that the following paragraph should be
added to the text of Article XXIV as proposed under Item I: "12, The
Ccntracting Parties will reach agreement on the transfer to the ITO of
their functions under Article,"
Mr.LEDDY (United States Of America) agreed that the question should
be dealt with and wondered whether It would not be best to retain the
substance of paragraph 2 (b) of Article XXIX of the Agreement, In some form.
The CHAIRMAN suggested that the Secreteriat should include a provision
covering this point in the clean text of the Protocol It would circulate.
Item I was then agreed.
/Item II Page 4
Item II
Mr. JOHNSEN (New Zealand) Was not entirely satisfied with the
provisions as drafted and, although recognizing that they had been agreed
by a meeting of Heads of Delegatione of the Trade Conferece, felt they
could well be looked at again.
Mr. LEDDY (United States of America) felt the text should be maintained
without change.
Mr. JHOSEN (New Zealand) was concerned with the position between two
Contracting Parties under this clause. If one Contracting Party were to
withdrew m.f.n. treatment, the second Contracting Party should also be able
to do so. Both Contracting Parties concerned should be placed on the same
footing.
Mr. LEDDY (United States of America) felt the position was similar to
that which oould arise under Article 17 of the Charter.
Mr.GUTIERREZ (Cuba) pointed out that the text under consideration
Had been agreed by the Heads of Delegations of the Trade Conference.
Mr. SPEEKENBRINK (Netherlands) pointed out that the sub-committee
whose report was under consideration had felt itself bound by the agreement
reached by the Heads of Delegations of the Trade Conference and had,
therefore, decided it could not alter the text.
Mr. JOHNSEN (New Zealand) hoped that circumstances making this clause
operative would not arise and did not press his point.
The CHAIRMAN then declared Item II agreed.
Mr. SPEEKENBRINK (Netherlands) reverted to paragraph 8 of the
sub~committee report (page 2 of GATT/1/21), regarding paragraph 5 (a) of
Article XXIV, dealt with under Item I of the Protocol, , and theHA CMIRAN
announced that the United States and French representetisve were not yet
ready tso mubit proposals. inh tis connection.
After consideration ofs' ome minor points, the Chairman announced
Item III wasgrfleea ind stated that Item IV would be dealt with a little
later, when the Secretariat circulated a redraft.oncmsidarstion washabin
given to Item.V
Mr. LDDY (United States of m erca)) proposed a newa lternative,
additional to the two contained Within square brackets In odumecnt
GAT//l/12 Tishpropo ael for a newAr'tcoleXXXV rread asf ollowe:
"This Agreement shall not applyas between any contracting
party anda ny other contracting party if
(a) the two onctracting parties have not entered into
tariff, negotiatoisnwiIth each other, and
/bA) either Page 5
(b) either of the contracting parties at the time either
becomes a contracting party, fails to agree that this Agreement
shall be so applied."
The CHAIRMAN than announced that the meeting would be adjourned for
dinner and would reconvene at 9.30 pm.
The meeting reconvened at 9.45 p.m.
Mr. SHACKLE (United Kingdom) was not sure whether the United States
text would permit a Contracting Party to refuse to negotiate with another
Contracting Party.
Mr. LEDDY (Utited States of America) replying to a question by
Mr. COOMBS (Australia), stated that if the unanimity requirement were
amended in regard to accession,two-thirds of the Contracting Parties could
oblige a Contracting Party to enter into a trade agreement with another
country, without Its consent. His Government, therefore, felt that It was
necessary to have a safeguard such as that which was proposed.
Mr. SHACKLE (United Kingdom) pointed out that, under the United States
proposal, a Contracting Party could refuse the benefits of the Agreement to
another Contracting Party, given certain circumstances,
Mr. LEDDY (United States of America) stressed that his proposal
prevented Compulsion to enter into a tariff agreement.
Mr. COOMBS (Australia) was it favour of the first alternative contained.
in Item V of GATT/1/21, with the deletion of the words" ...of Article II...".
Mr. ROYER (France) amended the Australian representative's proposal by
adding "other than Article I" after "Agreement".
Mr. LEDDY (United States of America) said that his Government was
interested in considering various approaches to the problem and wished all
three alternatives to be studied fully.
Mr. COOMBS (Australia) stated that his objection to the United States
draft answered mainly to reasons of presentation. He reiterated his
preference for the first alternative, with the amendment he had proposed.
Mr.ROYER (France) did not feel any of the three alternativès was
Satisfactory.
Mr. LEEDY.(Uited States of America) altered (b) of his proposed
amendment by deleting the words "fails to agree that this Agreement shall
be so applied" and replacing them by "does not consent to such application".
He further proposed that the following words should be inserted at the
beginning of his amendment "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 XXlX,". GATT/l/SR.7
Page 6,
Mr. ROWE (Southern Rhodesia) inquired whether the United States
amendment meant that his.country would run the risk :of having benefits
withheld when it become a Contracting Party, although it had already
negotiated with the Contracting Parties at Geneva.
Mr. LEDDY (United States of America) and Mr. ROYER (France) felt the
position of Southern Rhodesia was covered by the draft,
Mr. LEDDY (United States of America) announced that the United States
would only be able to give provisional application to the General Agreement
until such time as the Uharter was accepted by his Government.
The CHAIRMAN made it clear that the first words of Article XXXIII of the
General Agreement referred to non-signatories of the Final Act at Geneva.
Mr. HAKIM (Lebanon) concurred wlth this view.
The CHAIRMAN proposed that Item V of the Protocol contained in
document GATT/1/21 should. be considered further immediately a clean text
was distributed.
Mr. COOMBS (Australia) inquired why (b) was needed in the proposed
new Article XXXV submitted by. the United States, in view of the terms of (a).
Mr. LEDDY (United States of America) stated that (b) was a qualification
of (a),
The CHAIRMAN then proposed that the meeting should take up consideration
of the Australian amendments proposed in document GATT/l/21/Add.1.
It was felt that the proposals contained in paragraphs 2 and 3 were
covered elsewhere, and proposal was approved.
Mr. COOMBS (Australia) Inquired whether the Australian amendment which
had just been agreed created any inconsistency elsewhere in the text of the
General Agreement, and it was suggested that the Secretariat should look into
the question and. report any such discrepancy, should it find one.
A working paper (Misoellaneoue Job 6166) was then distributed, containing
a redraft prepared by the Secretariat of the Protocol Modifying Certain
General Provisions of the Agreement, contained in document GATT/1/21.
Item IV of the Protocol was put to the meeting for consideration.
on the initiative of Mr. LEDDY (United States of America), it was agreed
to Insert in the first sentence of paragraph 2 after the word. "suspended "
the following words: "oand paragraph 3 of Artcole I shall be subject toaeny
cosBequential amendmens
r.Mr.LOS-IORRIGUES (SrBzi))lwanted Artiolcs 26, 27 and 28 of the
Charter included in the list appearing in paragraph 2. His delegation
attached the utmost importance to this. matter.
MrA .SHAEL (United Kingdlm) felt; that oassues ch as thea which had been
raised by the Brazilian delegate were &eovdd fo ri pnararpgha 4 Oo
Article hXXI. /Mr.LOPES-RODRIGU. Page 7 GATT/1/SR.7
Mr.LOPES-RODRIGUES (Brazil) saw no good reason for refusing inclusion
of the three Articles. If a good reason were broughrt forward., he would give
way. T. The three Aricdles he hd imentioned represened. one ofth6eewas
advantages of the Charter for Brazaidl,n he, thereforee, fIt they slhoud be
provided for in the text under discussion.
The IiMACHRN pointed out that paragraph 2 of Item IV enumerated -
Articles of thgre Aeetmenn ad the corresponding Articles of the Charter.
Therase w nothing in the Agreement cwhih corresponded to Articles 26, 27 and 28
of theChar.ter
Mr LES-RODRIGUESOP (Bralzi)did n te fel this was sufficient reason
not to agree to his request.
rI ELDDY (UnitedS 'ae's of America) suggested that the second sentence
of paragraph 2 of Item IV be deleted, This would simplify the question.
Retentino might create invidious comparisons between various sets of Articles.
Mr. OOMBCS (Australia) suggested that the matter raised by the
Brazilian representatives hould be dealt with at a later time.
Messrs. HKAIM L(ebanon) andL ASMELVT N(etherlands) supported the proposal
of the representative of the United States.
The second sentence of pargaraph 2 of tIme IV was deleted.
Mr. HKIAM (Lebanon) felt that a positive solution to the problem of the
lack of conformity between the Agreeemnt and the Charter when the latter
came inot ofco,! should be found at the SecondSess:ion of the Contracting
Parties.
Item V.
Messrs. COOBMS (Australia)LAMSAVLT, (Netherlands) and SACK LE
(United Kindgom) accepted hte text of a new ArticleXXXV which had been
proposed by the niited Saetes representative.
Mr. OWwE (Southern Rhodesie) inquired whether there was any difference
under this text between the Contracting Parties and other singatories of
the Final Act at Geneva.
MrLOPES-lODRIGUESR (rBazli) supported this alternative but wsS not
Clear on the sgnnifciance of the sceodr part of (b).
On the proposal ofMr.ROYER Francee) itwas agreed that the last part
of the introduction of the proposed new Article XXXV souald read as followb:
"....and any other Government becoming a Contractng Party pursuant to.
Article XXXIII and:".
Document GATT/1/21/add.1, paragraph 2.
Mr. LEDDY (United States of America) proposed that the substance of 2 (b)
of Article XXIX should be added to paragraph 2 of Item IV of the proposed
protocol GATT/1/SR.7
Page 8
Protocol, in the following terms: -"...and. the Contracting Parties shall meet
as soon as possible.thereafter and agree concerning the transfer to::the ITO
of their functions under.Article XXIV.
This was agreed..
Document ATT/1/21.A
TheCHAIRMAAN thnNs uggesetd..ocnsideration of the. Protocolmwodifi'ng_
ArticleXIVM.
Paragraphs1,, 2 and 3 and Item I were greed without any chagn.
On Item II, Mr. JOHNSEN (New Zealand) suggested that the date should
be changed to 30 June to conform with the Protocol of Provisional Application.
Mr. ROYER (France) pointed out there was no direct link between the
two documents. .
Mr.JOHNSEN (New Zealand) said some countries might reach a decision
on the signature of the Protocol of Provisional Application in the course
of June 1948, in which case his point had validity.
Mr. SHACKLE (United Kingdom) was, in favour of keeping the date of
1 June.
Mr. LEDDY (United States of America) suggested that, the -same formula
as In the others Protocol should be followed, although the document would
remain open for signature until 1 June. -
Item II was then agreed as contained in the document under consideration.
It was agreed to redraft Item III as in the Protocol previously.
considered.
The entire Protocol was agreed -as amended :
Mr.ADARKAR (India) reverted to the first Protocol and'-reopened the
question of the drafting of the new Article XXXV. He felt the principle.
involved should be applicable as between signatories of the Final Act in
Geneva.".
Mr. ROWE (southern Rhodesia) stated the proposal of the Indian-
representative was contrary to the agreement which had been reached earlier
in the meeting.
The CHAIRMAN annonced that the Secretariat would circulate clean
-texts of the two Protocols on Monday morning and representatives would then be
able to cable their Governments for authorization to sign both instruments
at an early date.
The meeting adjourned at midnight. .
11-1-MM1 ~~ I |
GATT Library | bz971qr8807 | First Session of the Contracting Parties. Summary Record of Sixth Meeting : Held at the Capitolio, Havana, Cuba, on 12 March 1948 at 2.30 p.m | General Agreement on Tariffs and Trade, March 13, 1948 | General Agreement on Tariffs and Trade (Organization) | 13/03/1948 | official documents | GATT/1/SR.6, 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/bz971qr8807 | bz971qr8807_90270016.xml | GATT_145 | 1,038 | 6,683 | RESTRICTED GATT/1/SR.6 13 MARCH 1948
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTING PARTIES
SUMMARY RECORD OF SIXTH MEETING
Held at the Capitolio, Havana, Cuba, on 12 March 1948 at 2.30 p.m.
Chairman: Mr. L. D. WILGRESS (Canada)
Report of Sub Comiittee on Supersession and Amendments
The CHAIRMAN announced that this sixth meeting had been convened to
discuss the Report of the Sub-Committee on Supersession (GATT/1/21) which had
been appointed at the previous meeting; the Report of the Sub-Committee included
two draft protocols, and an addendum to the Report had been issued containing
three suggested amendments by the representative of Australia. He called upon
Mr. Speekenbrink., who had been elected Chairman of the Sub-Committee, to present
the Report.
Mr. SPEEKENBRINK (Netherlands) in describing the main features of the
Sub-Committee's Report drew attention to the following:
The Sub-Committee recommended a procedure whereby the representatives
of those countries which were applying the General Agreement could sign the
new protocols with powers similar to those with which they had signed the
Protocol of Provisional Application, while the remaining signatories would
require only powers similar to those with which they had signed the Final
Act at Geneva. The Sub-Committee's Report contained a draft resolution, in
terms of paragraph 5, of Article XXV, which would waive the obligations of
the Agreement in respect of the plans of the French Government for a customs
union with Italy. The Sub-Committee had asked the representatives of France
and the United States to submit recommendations on the question of increases
in bound rates of duty which might, arise from that provision of the new
Article relating to customs unions which requires that the duties imposed at
the institution of a customs union should not be on the whole higher than
the general incidence of the duties previously applicable in the constituent
territories. The most important change proposed in Article XXIX was the
ommission of the 60-day period after the closing of the Havana Conference.
6150 /~~~~~~~~~~~/for the lodging
5 GATT/1/SR.6 Page 2.
for the lodging of objections to the suspension and supersession of certain
parts of the Agreement by the corresponding provisions of the Charter.
Article XXXIII had been amended to give effect to the recommendation of the
Heads of Delegations of the United Nations Conference that the unanimity
rule for accession to the Agreement should be amended to a two-thirds
majority, but in connection with the resultant problems of relations
between a new contracting party and those old contracting parties with
which no tariff negotiations had taken place, alternative provisos had been
inserted in the draft protocol for further consideration. Finally, a second
draft protocol had been prepared to provide for the supersession of
Article XIV by the new text of Article 23 of the Charter; this change would
not become effective until 1 January 1949 an the protocol would remain open
for signature until 1 June 1948.
The CHAIRMAN stated that the meeting would have to be brief because of a
meeting of the Conference which was to follow, but there would be time for a
preliminary discussions of the protocols to be followed by a more detailed 4
oamination et the noxt meeting, and meanwhile the representatives could ask
their governments for powers to attach their signatures.
In reply to a question AHAD Mr. MWEEoVA (Ceyln) regarding the implications
of signing the protocols by those signatories to the Final Actewho wero not
applying ehe Agreument under the Protocol of Provisional Application, it was
oxplainsd by the representatives ef Franco and the United States that signature
would Merely servo to authenticate the text of these new sronlotola uDess and
until the governments actually became contracting parties, but meanwhile the
protocols would have the effect of modifying the text authenticated a.t Geneva
Th Chairgan sugGested, and it was agreed, that this understandine of tho
Implications of signature should be mentioned in the record of the meeting.
MrW HOLLOtAY (South Africa) asked for further clarif.cation, He inquired
whatber by signing the new protocols thgn 14 siLatories would commit themselves
to the choice of either ratifying tehe Agrement as oandedecr rejooting the
wiolaAgre.ment In reply the Chairman said that thi n14 sIgstoried would be
authenticateng tho chinges In the text just as at Geneva they hae authonticated
the original text by signing the cFinalAlater r they become contracting
parties by s gning; the Protocol of Provisional Applicat ion orunder ArtXicle XVI,
they would be boundeby teo Agroemenme as aended.
LL.WRUQO1eY thon stated that in his opinion signature of the protocol
invomved rore than just the authentication of the texitas 16 wlimit1 t, the
sigLte and the choice of the governments;eantmaewi that the governmwots 1,uld
have to agree to the changes before authorizing signature. any n m- evont
Mr. Hollohwagy touht that itun waAwlikely that could obtain authority to sign
/the protoonls Ot GATT/1/SR. 6
Page 3
the protocols on such short notice in view of the imminent dissolution of the
South African Parliament. His Government could, no doubt, agree without delay
to some of the provisions of the protocol, but the new paragraph 6 of
Article XXIX, for example, might be unacceptable.
Mr. LEDDY (United States) said that signature of the new protocols would
not mean a limitation of choice any more than did the signature of the Final
Act at Geneva, and that authentication of the text should not require
ratification any more than in the earlier case.
Mr. LEDDY and also Mr. ROYER (France) agreed with the representative for
South Africa that amendment of the new paragraph 6 of Article XXIX was
desirable in order to limit to members of the International Trade Organization
the provision that no contracting parties shall invoke the provisions of the
Agreement so as to prevent the operation of any provision of the Havana Charter
after it has entered into force. Mr. MAHADEVA (Ceylon), Mr. ROWE
(Southern Rhodesia) and Mr. HAKIM (Lebanon) also joined the discussion.
Mr. HOLLOWAY agreed that the opportunity for delayed signature which had been
suggested would not be an answer to his objections.
In adjourning the meeting the Chairman said that no doubt all the
representatives were in the same position as Mr. Holloway in that they had
to cable their governments for instructions. |
GATT Library | gh546xc3672 | First Session of the Contracting Parties. Summary Record of Tenth Meeting : Held at the Capitolio, Havana, Cuba on 18 March 1948 at 10.30 a.m | General Agreement on Tariffs and Trade, March 22, 1948 | General Agreement on Tariffs and Trade (Organization) | 22/03/1948 | official documents | GATT/1/SR.10, GATT/SR.7-14+SR.7/Corr.1, SR.10/Corr.1, and SR.12/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/gh546xc3672 | gh546xc3672_90270021.xml | GATT_145 | 2,144 | 14,034 | RESTRICTED GATT/1/SR.10
22 March 1948
FIRST SESSION OF THE CONTRACTION PARTIES
SUMMARY RECORD OF TENTH MEETING
Held at the Capitolio, Havana, Cuba on 18 March 1948 at 10.30a.m.
The CHAIRMAN announced that only two days were left to terminate
consideration of the agenda of the First Session. It was, therefore,
necessary to intensify the work and representatives should obtain instructions
from their governments on points outstanding.
Mr. SHACKLE (United Kingdom) inquired when the Protocols would, be signed.
Mr. LACARTE (Deputy Executive Secretary) replied that it was expected.
signature would take place at the same time as signature of the Final Act of
the Trade Conference.
On the CHAIRMAN's invitation, Mr. LACARTE (Deputy Executive Secretary)
referred to the Full Powers Which had been received in respect of signature
of the Protocols which were. being drawn up at the First Session. Only a
small number of delegates had Full Powers and the others were urged to make
every endeavour to submit suitable authorization from their governments
before next Wednesday.
Document GATT/1/33 - Resolution Concerning Paragraph 6 ot Article XVII
Dr. COOMBS (Australia) suggested the deletion of the words in the first
paragraph after "Inteded to" and the insertion of the following: "permit
an application to the contracting parties for a variation in the dates
specified in paragraph 6 of Article XVIII".
Mr. LOPES-RODRIGUES (Brazil) agreed with this proposal. He suggested
the insertion in the last paragraph, after the words "contracting parties"
of the two words "should examine in the light of the proposal presented in
document GATT/1/29".
The second, third and s paragraphs were approved without change.o.t ...
MBS tOO (Australia) refe rred tPES-RODRIGUES's prNpos -randsal A
s ba-edbe fiteltwas undesira oagrant W finitive exemption in r
t-at thehrwc e'ommendaion shot be aLeosed ddr
HOW p thatioN suggested that the lasgraph should ecom
1 <> WS~~/cfidafto consideration be given under paragraph 5 of Article XXV to such cases of the
type foreseen in the Brazilian amendment, as may be submitted."
Mr. GUTIERREZ (Cuba) pointed out, in his capacity a Chairman of the
appropriate sub-committee of the Trade Conference, that it was thought in
that sub-committee that the contracting parties would be at entire liberty
to change the dates contained in paragraph 6 of Article XVIII.
Mr. LOPES-RODRIGUES (Brazil) saw no reason why the General Agreement
should not be amended. At the last meeting, he had agreed not to amend the
Agreement, but he could not support the last remark made by the Australian
delegate. Brazil's case deserved support and the words 'sympathetic
consideration" had very little practical significance, in any case.
Mr. GUTIERREZ (Cuba) suggested an addition to the Australian text, to
the effect that the contracting parties would take decision on matters which
were submitted to them.
Mr. LOPES-RODRIGUES (Brazil) saw no reason for not taking a decision on
this matter at the meeting, particularly as the propsal could not
country.
The CHAIRMAN then read out the following redraft of the last paragraph,
proposed by the Australian representative: "Resolves that decisions be given
under paragraph 5 of Article XXV on such application as are subimtted to the
contracting parties." :
MrDRIGUESS-ROGtU (Brazil) agree wext.the$ tx.
RMAN tCQA;MN then declared the Resagreolutsiamendedon ed a nded.
The CER(ABeerred to the Resolutaaion dcontaing atain rarp 7 of.page 2*
As as ere wmment, it was agr eed t at it .w uldbmi: suvd ttedrmor foxwal
approval to a subsequent .eeting
AIRMAN 74AN then referrearagra pht8 of -he same document, congernin
increases in bound rates of duty.
Mr. OYERn(Fra:ce) sthted bewwas vaiting fot insionstandS en& hoped to
submit a tn t ixi the course ofday. ey;
EVANS (UnAM (itead sStste) uged than am informal discussion shouldu iion shoud
take pla a and that a. text be apeco ed, slatertc ncurrence lon the e oV thhe
part of the French representative.
MAN lN suggeshe matter should be taken up when the hen te
adproposed texts been distributed.
TT/1/27 and GATT/1/28. Special Protocl Modifying Articl
~E _ nt
Modifying Ar = sD&s ra -scg-
received instructions -'i} rdv' ''n
, , ./whexeb GATT/1/SR. 10
whereby he could agree to the general scheme of the Protocols an drawn up.
Mr. ROYER (France), referring to Item VII in document GATT/1/28, stated
he wished to withdraw his amendment to the original United States proposal,
i.e., that the introduction to the proposed new Article XXXV should reads.
"... and any other contracting party if:". If needed, a special provision
could be drafted to meet the special case of Southern Rhodosia.
Mr. BEYLEVELD (South Africa) pointed out that the amendment would put
South Africa in the same position as Southern Rhodesia and would make it very
difficult for the South African Parliament to approve the General Agreement.
Mr.LEDDY (United States) felt that the underlying reason for the
discussion of this provision, i.e., the problem of the adherence of India and
South Africa, should be discussed frankly. At Geneva, It had been suggested
that the two Governments should effeet an exchange of notes thereby they would
undertake not to apply the General Agreement in respect of each other. This
formula had not proven practicable, The solution now proposed was the one that
would best meet the situation, and he felt it deserved the most careful
considerations. -
W.ADAFM a ndia) faveluredy the French amendment en. would fel ver
Hsappy if South Afriwhether, fthem hodeai would consider t froM the
point of view of All concernedw this was not the best.formula. It ¶as urgent
that the matter be settled at the First Session, due to the possibility that
6. 0 or 12 June to~~~~~~~~.
the Uited States might'nt be able to give application after 1 June to
concessions negotiatd at Gezea which 'wre not ;yt operating, due to -te
non-renevl Qfte. Reiprocal Trade6 Agreweents Act, The diffloulties-
mentioned by the delegate of Southern Rhodesia were more theoreticathan'
practical It d3U not ollow from the proposed draft th on al
to countries 1ch as Southern lhdea would be taken Oe shou no
eight of the realities of the situation. If any'diffioulties were to
aterialze o ountry i Southern Rhodesia a position, it would be' possible
at a later etage to sign a Protocol corecting the situation.
Mr. RW (Sout1ernRhodesia) wished it put on the record of e meeing
that the provisions of Article IKI would not be used against Southern Rhodesia.
Mr. RO C e)gd th a Resolutie adopted Whereby
Atile Final cC oald evae invoked by one 'signatory of the Ac t at Genvwa
had agreed that the4r weignatory, oce the t oprlto h -ad the as
no basis for negotiation, after they had been wil3ng to negotiate.
XXVW. GVXMM c (Cuba) nquizrId whetbex' Article was *pplioble when
of ahe Final thad negotiated with another as try ot t ir'l Act
at eva which had not granted proper conenodtioin Page 4
Mr. LEDDY(United States) pointed out that Article XXXV did not apply to
countries which were contracting parties. Sub-paragraph (a) therefore referred
only to cases where negotiations had not been entered Into. Article XXXV would
apply when a non-signatory of the Final Act at Geneva became a contracting party.
The text which had been proposed by the French representative was read
out as follows: "The provisions of Article XXXV cannot be invoked by a
signatory of the Final Act adopted at the conclusion of the Second Session of
the Preparatory Committee of the United Nations Conference on Trade and
Employment against another such signatory when, after the two parties had been
willing to enter into negotiations, they agreed that there was no basis for
negotiation between them".
Mr. ADARKAR (India) agreed with this proposal.
The CHAIRMAN announced the proposal would be considered at a later stage.
Mr. LEDDY (United States) stated his Government's view that only
Article II should be made inoperative. He proposed that the words or
alternatively Article II" should be inserted after this Agreement" in the
introduction to the proposed new Article XXXV.
Mr. ROYER (France) saw advantage in this formula, which was approved
Dr. COOMBS (Australia) suggested that sub-paragraph (a) of the proposed
new Article XXXV should be deleted.
Mr. ROYER (France) supported the text as proposed by the United States.
Dr. GUTIERREZ (Cuba) preferred the deletion of sub-paragraph (a).
Mr. LEDDY (United States) pointed out that sub-paragraph (a) was a useful
qualification.
Mr. SHACKLE (United Kingdom) pointed out that if sub-paragraph (a) were
deleted, the proviso became irrelevant because one contracting party could
still refuse to apply the Geneva Agreement to another.
Dr. COOMBS (Australia) felt that the deletion of sub-paragraph (a) did
not affect the two provisos.
Dr. GUTIERREZ (Cuba) suggested that sub-paragraph (a) be amended to read
"the two contracting parties have agreed there is no basis for tariff
negotiations with each other". Alternatively, he suggested the deletion of (a).
Mr. SHACKLE (United Kingdom) stated that as his Government had now agreed
the present text of the Protocol, it would be difficult for him to obtain in
time authorization to sign another text.
Mr. ROYER (France) supported this view.
Dr. COOMBS (Australia) reserved his right to consider the matter further.
Dr.GUTIERREZ (Cuba) followed suit.
The CHAIRMAN stated that sub-paragraph (a) of Article XXXV would be left
as it was. Consideration had still to be given to whether the French amendment
/to the introduction Page 5
Dr. GUTIERREZ (Cuba) had a legal doubt as regards Section VIII of document
of signature, as the General Agreement was being applied by the action of
Governments and even of Parliaments.
Mr. LEDDY (United States) fetl the formula in the Protocol was intended
to meet the position as it stood at HAvana.
Dr.GUTIERREZ (Cuba) was not sure whether the text of Section VIII wa
Legal according to the Cuban Constitution.utin.-
DDYr.UnitedTted-- States sahat if not all countries tlesd sogn .si6a the
olO an el,- neyntirel differemula w for hould o be adopted. Nted. ew
conng actim partiesn, in ay case, wotul- no be ablccee anything but ng bit
ance) stressed fact that the contracting wt t tthe c~traotizg parties were
reAyto ,gve' ep conoriet rather than theorttiol Ight.
inMr- iMited -ta es) uura .if t wuthernbhelp CAbe& and. Sot ^n
ords in a ction VIII: e1!wdI. in Seotamongioc : "effective, as ontracting
parti s toreplace them b" and- ttegral thet by " n in part of the"
Agreement".
geMr.H e (Lebanon) ousted thodeletion of thnge words "Notwithstandi
the provisions Genmeof Agreement on Tariffs and Trade". n
Dr. 1 (Australia) said that signature of the Protocoingby contract
parties meant agreement to apply the General Agreement on Tariffs and Trade
In ts revised. form from the date of signature. He felt he might have
difficultyiin persuad±nnmhis Govsi ent to $gn the two Protnyols. In aJ
case, there could be no finality over the decisions tnneaken iwin coction th
the Protocols, and the signatoriFinales of the Act onf the Havaa Trade
Conference would have no assurance as to what the text of tWGe
Agreemnt on Tariade s rand Tre woldgg be. He suested ethat the txt of the
Promocols be Merely authenticated.
HALERDr..CUGUMALlozecoosovhared kia) s errez' Dr.legal douti £l bt.
MME (BelFCMmOM(Belgiu) upported.ralihe reprAseustzsan.entativeo
MrUnited (Thi1.bd States) pointed once thatFinal AcCthe i At of the
Tade Coference was signed, the text Charte S would be thereby
established..arter commiChre cooertments to become parties eo the t h
greement lo t an Tariffs andiTrade but It chmmid noternmentsgov ts to
adhertantially schanged General EAgrement e ral n rrffs aid Tradernano
subject matter of the Protocols een b ept k bare minimum. Io a e if
provaazwerey l conttracing party y a ont pt to accept the
formula sh0 ww f nd shul the contractin endeavour to take concrete action at Havana in the interests of the Trade
Conference.
Dr. COOMBS (Australia) felt consider tion-shoulgivbe ve to 0the action
that couldaken if some Governments were ints wer u able to. ign thcelProtoooLe at
the First Session of thc Contraoting Parties.
Mr.FrancXR (C e) considered thaf iculties of the matter had' a been
exaggnrated aMd that the case Cze the.0sok oslovaBzan d Cubft' representatives
could be met. Signature of the Fi al Act Haf nheTNovarC nference erbnoe - would
take place the following Wednesday and it stood tothat Governments hadth
be n- kept adcie d- of developments as regard the Chaer and 4 had tak en their
decisions icn nection t therewith. With gowodill, it should be ssible pom1bl6 to
sign these dvcumarious oents on Wednesday.
Yr. LE= (United States) agreed with Dr. Coombs that alternatives would"
have to be found if not all contracting parties could siocumen the dmnts under
di.scusion He inquired wiether It would not be best to establish a deadline.
IRMANThe XAEought that the question of a dead line-cold be taken up
at the meting the following day. He requested the Secretariat to prepare a
clean text of Art XXXVX for later consideration.
TbA meeting then adjourned.
- ~~E am |
GATT Library | gr220bj7915 | First Session of the Contracting Parties. Summary Record of the Eighth Meeting : Held at the Capitolio, Havana, Cuba, on 15 March 1948 at 6.00 p.m | General Agreement on Tariffs and Trade, March 17, 1948 | General Agreement on Tariffs and Trade (Organization) | 17/03/1948 | official documents | GATT/1/SR.8, GATT/SR.7-14+SR.7/Corr.1, SR.10/Corr.1, and SR.12/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/gr220bj7915 | gr220bj7915_90270019.xml | GATT_145 | 1,708 | 10,739 | UNRESTRICTED GATT/1/SR.8 17 March 1948 ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTING PARTIES
SUMMARY RECORD OF THE EIGHTH MEETING
Held at the Capitolio, Havana, Cuba, on 15 March 1948 at 6.00 p.m.
Item 7 (a) of the Agenda Reconsideration of Certain Customs Duties set forth in Schedule XV.
Mr. HASNIE (Pakistan) introduced document GATT/1/25. He stated that even
at the time of the signing of the Final Act of the G.A.T.T. at Geneva, the
Government of Pakistan had requested their representative to enter a Caviat to
the effect that since the full implications of the concessions exchanged could
not be examined at that time, they should not be deprived of their right to
review the schedule of concessions later. He recalled the advice given by the
chairman in Geneva that whereas the text of the Caviat could be circulated
among the parties to the negotiations, it could not be added to the text of the
Final Act. He therefore emphasized that Pakistan had been from the very
beginning alive to the peculiar circumstances of the case and lost no time in
bringing it to the notice of the Contracting Parties. He then referred to the
recent developments in the trade relations between Pakistan and India. The two
countries had free trade between them in accordance with an agreement reached
at the time of partition; but the position had changed with effect from 1.3.48,
as India had decided to consider Pakistan a separate customs territory. He
also referred to the budget speech of the Finance Minister of the Government
of Pakistan, in which he had stated how advantageous it would be for the two
countries to have no trade barriers. The negotiations were still in progress
and that was the main reason why a list of items could not be placed now by
Pakistan before the Contracting Parties. He stressed the keen desire of
Pakistan to maintain the most cordial relations with her sister dominion,
India. He requested that Pakistan be allowed the privilege to renegotiate
certain items when the Contracting Parties met again, thus facilitating the
approval of the General Agreement and of the Charter by the Pakistan
legislature.
Mr. EVANS (United States) had no objection to putting the item on the
agenda of the Second Session. The United States could negotiate with Pakistan
when the Trade Agreement Act was renewed. It was doubtful whether the
United States would be able to negotiate at the June meeting of the
/Contracting GATT/1/SR.8
Page 2
Contracting Parties.
W. LAMSVELT (Netherlands) stated that presumably Pakistan would offer
equivalent benefits if it withdrew any concessions in the course of
renegotiations.
Mr. HASNIE (Pakistan) stated that Pakistan would naturally offer a new
concession in place of any concession it withdrew, or alternatively, it would
agree to the withdrawal by another country of a concession equivalent to that
which it withdrew.
W. ROYER (France) inquired whether there were any particulars available
on the items in question.
Mr. HASNIE (Pakistan) replied that under the circumstances with which his
Government were faced at Geneva and the present stage of trade negotiations
between Pakistan and India, his Government were not in a position to furnish
a list of items to the Contracting Parties, nor could he advise them to do so
immediately.
Mr. LAMSVELT (Netherlands) pointed out any withdrawal of concessions
would have to be done by mutual agreement.
Mr. ADARKER (India) stated India recognized that partition naturally
changed the situation from the time the Geneva negotiations took place.
Partition had brought disadvantages for both India and Pakistan. His delegation
was unable to commit itself to any particular view on the request by Pakistan.
The whole problem of Indo-Pakistan future economic relations was now under
discussion, and he would have preferred to have had this question raised in
the course of the talks now taking place between the two countries. Such action
would have the advantage of insuring previous agreement between India and
Pakistan before the matter was taken further. The items in question might be
few, but they could also be of substantial importance. Renegotiation of such
items could, therefore, unbalance the Geneva Agreement. For example, if
Pakistan withdrew a concession from the United States, the United States could
withdraw its concession on jute. India could well be adversely affected by
any such development. He was not clear on whether Pakistan proposed offering
concessions on new items to get new concessions or whether they wished to
withdraw concessions, thus leading to the withdrawal by others of concessions
on items of interest to India. India would not wish any renegotiations to
affect adversely the results of the Indian negotiations at Geneva. He added
that he would have to consult his Government on the whole question raised by
the representative of Pakistan.
Mr. HASNIE (Pakistan) felt that Mr. Adarkar's apprehensions were unfounded.
The balance struck at Geneva would not be upset by the renegotiations which
would be subject, in any case, to the approval of all the affected parties.
The renegotiations would affect both imports and exports. If Pakistan sought
changes in the Agreement, such changes could only apply to Pakistan and not
to India because their schedules, though common, were separate. GATT/1/SR.8 Page3
Mr. LOPES-RODRIGUES (Brazil) felt the meeting should assure the
representative of Pakistan that in principle it accepted discussion of this
matter at the proper time.
Mr. LAMSVELT (Netherlands) inquired what tariff Pakistan was applying
since 1 March.
Mr. HASNIE (Pakistan) replied that Pakistan was applying its pre-partition
tariff, which was similar to that of India. However, as Pakistan and India
were now considered separate customs territories on the initiative of India,
Pakistan might well vary its tariff rates in the future, in which case the
Pakistan and Indian tariffs would not be the same.
Mr. ADARKAR (India) stated that a second alternative which could be
employed by Pakistan would consist of withdrawing its Schedule from the
General Agreement and renegotiating completely under Article XXXII; such
action could be taken on the basis that the Pakistan Government is new and
was not in existence at the time the Geneva negotiations were initiated. Such
action would leave intact the result or India's negotiations at Geneva. However,
if Pakistan wished to adopt another procedure, India should be allowed some time
before the matter was dealt with, to give it proper consideration and to discuss
it with the Government of Pakistan.
Mr. EVANS (United States) suggested that the matter be put on the agenda
of the Second Session. In the meantime, perhaps Pakistan could provide other
countries with further particulars.
Mr. HASNIE (Pakistan) said that if the meeting could definitely agree
that renegotiation of a limited number of items could take place, such a decision
would be of substantial assistance in dealing with the matter before the
legislature of Pakistan. He was unconvinced by the arguments of the
representative of India, which he felt were not at all applicable to the matter
being raised. He stated that India's point was of little practical value, as
whether the whole schedule was scrapped and reintroduced with the modifications
Pakistan would like to make or only change a few items corresponding to the
modifications would make no difference to India, and recourse to Article XXXIII
was not necessary. He very much wished to be able to secure a decision on his
country's request which he could take back to his Government.
Mr. GUTIERREZ (Cuba) inquired whether Pakistan could not first agree with
India on the items to be renegotiated and then raise the matter again with the
Contracting Parties.
Mr. HASNIE (Pakistan) stated his country was anxious to settle both the
problem now being considered and the question of free trade with India. However,
unilateral action taken by India in doing away with free trade, made it difficult
to foresee future developments. But Pakistan would certainly make every effort
to co-operate with India. GATT/1/SR.8
Page 4
W. COOMBS (Australia) could not agree to the request by Pakistan, due to
the absence of instructions from his Government. He recognized that the matter
was unusual and warranted exceptional treatments. He sympathized with the case
of Pakistan but felt that the lack of data made it impossible to reach a clear
decision.
The CHAIRMAN stated there was general recognition that Pakistan's case was
of a special nature. However, there appeared to be no support for the view that
the meeting should agree that renegotiation would definitely take place. He,
therefore, felt that the best solution would be to place the same item on the
agenda of the Second Session.
Mr. HASNIE (Pakistan) accepted this view. He thanked the Chaiman for
pointing out that Pakistan is in a peculiar position So long as this fact was
recognized and recorded, he know that the next session would consider this
matter with all due sympathy for the problems of his country.
Mr. EVANS (United States) pointed out that at the Second Session it would
be as difficult a it now was to decide on the request by Pakistan, unless more
specific information was provided. If renegotiating with the United States
was foreseen, the necessary data should be available as soon as possible due
to the substantial advance action which is required in the United States owing
to its existing legislation.
Mr. HASNIE (Pakistan) assured the meeting he would urge his Government
to act as early as possible.
W. ADARKAR (India) wished to make it clear the position he had adopted
did not signify any lack of sympathy with Pakistan. He pointed out it was not
entirely correct to state that development leading to the two countries being
separate customs territories were due to unilateral action taken by India;
Pakistan, after the two countries had agreed on the desirability of maintaining
a system of free trade between them, had imposed an export duty on jute, which
had lead India to feel compelled to declare the two countries separate customs
territories. He made this clarification to dispel any possible minsunderstandings.
He had no objection to the item being placed on the agenda of the Second Session.
The CHAIRMAN stated the item would be placed on the agenda of the
Second Session and that Pakistan would supply the necessary information previous
to that Session. |
GATT Library | vq303jt2909 | First Session of the Contracting Parties. Summary Record of the Eleventh Meeting : Held at the Capitolio, Havana, on 19 March 1948, at 10.30 a.m | General Agreement on Tariffs and Trade, March 22, 1948 | General Agreement on Tariffs and Trade (Organization) | 22/03/1948 | official documents | GATT/1/SR.11, GATT/SR.7-14+SR.7/Corr.1, SR.10/Corr.1, and SR.12/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/vq303jt2909 | vq303jt2909_90270023.xml | GATT_145 | 1,445 | 9,150 | 2W RESTRICTED GATT/1/SR.11 22 March 1948 ORIGINAL: ENGLISH GENIRAL AGREEMENT ON TARIFFS AND TRADE FIRST SECSION OF THE CONFRACTING PARTIES SUMMARY RECORD OF ELEVENTH MEETING
geide at th a i lio, Havana, on 18 March 1948, a
Je. ROItC (Mr.ee) YKER eF anc Woula ask fow modifIcatlaas IzAitheionein
by "Decision the titled
(Czeohosi. Ia) l~o Ili ritctoilovakla) acking i
1~, (tbIifeSa') lMruireLDDY d.UnuUnniittb~V the Setinr oou w. eiherde
t1plesoflae D c'c
The s~~ta~te t Secretarijvat`.roul4 dsCHARMANo and Tthe'tet
dac6I a Ves a= ioed
Te Were no oa n~tusadtkis dooumnzt'vas' a rdvhere.
)r, '19~ (Jr~e) stated ] - was- istill 3.kIng intruMti.nROYER Francet'
the `p~!ol 6fhk b' twollb*arh
After sciu minor dxXtno s been inoarp~aa inthe text.,
the doo;i t a' ro, e
Draft 4c11Sectio I f ~ 'rtco eeew &
tbA a) ..Rn (.theRhodes) .1 tha
OU fter no unt hi4 iee,6d.InItructi fro their'
Mr. (Aui'tra&a ited obutbthai hi "Uotli*h ad s st
tbb deletion subt.p (a)-, it* M-te oland'
yk. M Ik (*V Mti, tl) ttute: ihi oe- Olffidau'Oo¢
!11~ ik~rah )g' Aw I' s 0 sifi~lia
Unitd Pr cArUtiSt: L le athe -PrOtOOo
iglii W, o ''d' thif't ' u/rvi t
SS rse DLO ate md U~~~~~~ia d~/woiia . provide for those cases where a party felt that it had received inequitable
treatment at the hands of another.
Mr. GUTIERREZ (Cuba) and Mr. LAMSVEIT (Netherlands) were opposed to
such an inclusion but Mr. ROWE (Southern Rhodesia) and Mr. LEDDY (United States)
were in favour of the proposal. The latter pointed out that if two
contracting parties faied to apply the Agreement under Article XXZC, the
present draft would make it possible for the CONTRACTING PARTIES to recommend
such an application.
Mr. ROYER (France) said that the paragraph had been drafted to meet the
case of Southern Rhodesia but it did not completely fulfil this aim. He had,
however, no objection to its inclusion.
we. GUTIERRFZ (Cuba) said that he was prepared to accept the proposal
The proposal was provisionally approved.
Revision of the Draft Protocol contained in document GATT/1/21 (Reference
Mr. ROYER (France) said that a point raised by Mr. GUTIERREZ (Cuba)
might be met by including in Article XXIV a provision to the effect that
the signature of the Protocol by ary government which was a contracting party
to the General Agreement should have the same effect as the signature by
that government of the Protocol of Provisional AppIication.
Mr. SHACKLE (United Kingdom) thought that this proposal would merely
state what was already implicit in the draft, but be had no objection to it.
Wr. ROYER (Franc) in answer to a question by Mr. AUGENITHALER
(Czechoslovakia) said that if a country signed on 20 March a problem did
exist as to how the sixty-day provision could be waived. Sach a country
could apply the provisions of the Geneva Draft beween 20 April and 1 May
but from then on would have to apply the new draft.
Mr. NASH (New Zealand) said that he had supposed that a country's
rights were secured up to 30 June. if the contracting perties decided
unanimously to make a certain amendment, he asked whether another country
~ ht~er thrcountry'
nwhich e tered into toe Ad re cot up to. ejat: date coul or.aOuld not r1eect
such anMnftm
Mr.poin e (ou e,,_te only th*dcont. that par te .scotractg ties
amend and thattthe ow s n pOWer to ig up to 30 Jue did not
constimend. The to a, Czech slovakia w of difficult O&eCZohO1 ,as
halthouoh ibl M t beonssslr -hat c un ryTasbAtcoonUt in a cq.ractng party,
anc ROM-i that it was erpressly proviee sad idpd that the
arties Vmh rad th Tigmend and that other countries had the -te
right dho etero toe.tAgreement. If an amendment were rejected by a country0 !e
/it would GATT/1/SR.11
Page 3
it would continue to be bound by the original draft. . ..
Wr. FuUC( Oi(Belgm) 'said fict woild be pifsult In thej.reeent
circmsteawa to form an idea af tsegnalue of aende ture app. d to the
new proposal.
Wt' LWDDY (Uxtted States) pointued out toul coontries wacld nt be
obligated to eapply thin Agrlment defntivejy untipeeightcenfive ,0r t
of the. bad accepted,
r. NASH (Now Zealand) saicommeno d reo .& the texi to his
Government if ihn supersesslo were cleary stated, but it would be difficult
to mkomsuch a oncauientdatic If he did not nomew wenhs woer- andm would
a made or not.,
Wr COOMS (suggstralia) auested that another paragraph be added to
the Article to the effecsi nhat the ag aturrnmena^wovc t 0hihhwas at
the'time applying the Geneeral Agreemnt under the Protocoloof Provisicnal
Application shoulcommirve to occLt that government to appnly yrovisioall
the Agreement as modified by the Protocisl under dLcussion.
REZM. GTI (Cuba) reserved his posioion cn this proposal.
EDDYLUM (United States) suggested that a provision might be included
to the-effect that a co ntry- when It signed the Protocol of Pronisiodal
Application at a l ter -date, would apply the amended.text
It agreed to defer discussoion f this point.
Suggesti ns -hb y tedelegation of -Uhe un ted. State on procedural matters
I~efceeneTT,1/3 GA/6).
COOMBSM8 (Australia) and.r. SHACKLE Un ieK Zinodcm) thgouht that
there wouldeb8 great convenience if the Second Ordinary Sesoian cncicided
with thm Meetings of thE executiveommsuittee of the Interimommissaaiton.
M LEDDY (United States) andr. GUTIERREZ (Cuba) thought that there
was no necessity to hold a meeting inunJXe but .r YyERRM Ff rance) and
W. ADKERke(India) observed tast s ince hbe Protocol of Provisional
Applcoation was a only open orT igna ure until 30 June, certain situations
might arise which wold make an earlier meeting desirabl., After further
discussion of the pointiIt was greeed that the meeting should beco9nepend
at Gnevv Z oOt before ' uly 148 nfd not aftr 15 Agu4st 14W8,prPeferably
at the same 9timeaes the meeting oof te Executive Committee
:1terlzIn im iommiss ITOthehe determ iinaof,t the t d exa
to the dicre-ion Of the.sc
it fts &goed on -pr I wa afrcM. H the Leoposal toat' r. eAKIMoa;
senteme t the v rp abouance of d etpagra sh ld b i? d "Partip
if a h mldba yiuv4 y,shoul te ...
* i~a 2 Page 4
After some discussion it was agred that the paragraph should be revised
to read "2. The Secretarial services for the Second Session should be
provided by the staff of the Interim Commission of the ITO on conditions
to be ageed between the contracting parties and the Interin Commission."
Mr. SHACKLE (United Kingdom) asked if it was necessary to specify
particular items in this sub-paragraph.
Mr. GUTIERREZ (Cuba) and Mr. HAKIM (Lebanon) favoured the inclusion of
this item in the Agenda.
Paragraph 3 (b) was approved with the alteration of the words "as proposed"
in (i) to "see proposal".
Paragraph 3 (c) was a approved.
Paragraph 3 (d) was approved with the insertion of the word "tariff" before
After a discussion between Mr. SKAUG (Norway) and Mr. ROYER (France),
Wr. LEDDY (United States) said that if certain concessions had been initially
nogtiated with countries who had not signed the Protcol of Provisional
Application by 30 June it would be legal to make those concessions applicable
if other coutries had a material interest. He supported this view by
reference to Article XXVII. Such action would be legally possible no matter
when a request was made under Article XXVII.
Mr. LACARTE, Deputy Executive Secretary, proposed the deletion this
paragraph on the ground that it would not ensure a proper continuity of the
administrative eystem.
Mr. COOMBS (Australia) said that it would be inappropriate to have
communications relating to the Second Session sent to an individual who was
part of another organzation. It would be preferable for the Executive
Secretary of the Interim Commission to fulfil this function.
Mr. LEEDY (United States) said that he wished to withdraw paragraph 2.
and 4.
Mr. SKAUG (Norway), Mr. AUGENTHALER (Czechoslovakia), Mr. ROYER (France),
Mr. LAMSVELT (Netherlands), Mr. LOPES RODRIGUES (Brazil) and Mr.COOMBS
(Australia) saw disadvatage in the procedure suggested in paragraph 5. It
would not necessarily be convenient to hold an emergency meeting in.
Now York and countries might not wish to delegate authority to a member of
their perment United Nations representation. The Chairman should be
given respensibility for convening a meeting and should himself be the GATT/1/SR. 11
Page 5
judge of where was the most sutable place to hold it.
Mr. LEDDY (United States) opposed this vies on the ground that all
countries had representatives in New York who vere competeat to deal with
this matter. If paragraph 5 was not accepted he would have to seek
instructions from his Govenment.
The meeting rose at 1.15 p.m. |
GATT Library | zv880vt5990 | First Session of the Contracting Parties. Summary Record of the Twelfth Meeting : Held at the Capitol, Havana, Cuba, Friday, 19 March 1948, at 3.30 p.m | General Agreement on Tariffs and Trade, March 22, 1948 | General Agreement on Tariffs and Trade (Organization) | 22/03/1948 | official documents | GATT/1/SR.12, GATT/SR.7-14+SR.7/Corr.1, SR.10/Corr.1, and SR.12/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/zv880vt5990 | zv880vt5990_90270024.xml | GATT_145 | 1,387 | 9,025 | RESTRICTED GATT/1/SR. 12
22 March 1948
ORIGINAL : ENGLISH
FIRST SESSION OF THE CONTRACTING PARTIES
SUMMARY RECORD OF THE TWELFTH MEETING
Held at the Capital , Havan, Cuba, Friday, 19 March 1948, at 3.30 p.m.
Chairman : Mr.D. L. WILGRESS (Canada)
1. REPORT OF THE SUB-COMMITTEE ON THE PROTOCOL INCORPORATING RECTIFICATIONS
TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE (docments GATT/1/37 and
Corr.2)
Mr. PHELPS (United States), Chairman of the sub-Comittee, introduced
the Report. He stated that it had soon become apparent to the Sub-Comittee
that some of the proposed changes were more than typographical; therefore,
it had reffered such changes to the countries concerned , for clearance with
the countries with which the items in question had been negotiated ; the
results of these inquiries were given on page 2 of the Report. He suggested
that the countries which had not yet responded, should submit their replies
to the Secretariat as soon as possible. A deadline should be set, as
changes not agreed upon would have to be deleted from the Protocol.
Mr. AUGENTHALER (Czechoslovakia) said that consent had been given only
to typographical corrections. Therefore, pending instructions from his
government, it was not yet possible to give consent to Items 1503 (third)
and 1527 (a) (1) and (2) of the United States list.
Wr ROYER (France) said he also had no instructions at present
Concerning Item 1527 (a) (1) and (2) of the United States list. He ce onsidered
that Item 1529 (a) (first) of thUnThited States lisft ell wiin the
fmeworkka ofparagraph of5t Aiclel& II of t e' neral Agreement t; heoul ld
probably accept the proposechachnge on the understandin .that the question
might later be reopenednutder the terms of that Arciile.i
MSHACKLE UnitTltKin.iomnlis adke that a n te, addebe.d Scod$hedule
SectiCn Part I , o tthe ffec .tt throvipo ssone of' that Section should
PHELP Un (Tited States) fhcoirmed the understand io nr.SHACKL
t hat thi note : a s agrea leto tehe Unted tStaes'
/ Regardin MMr.Royer'* W0et5 GATT/1/SR.12
Page 2.
Regarding Mr. Royer's observation on Item 1529 (a) (first), the purpose
of the United States adjustment was merely to correct a concession in
Schedule XX which had been in excess of the fifty per cent limitation under
the Trade Agreements Act. It had been accepted at Geneva that the United State
was subject to this limitation.
Mr.GUERRA(Cuba) stated that the rectification of 115-H Ii Part I of
Schedule IX was purely typographical, since the official tariff in force of
$1.06 had not been changed since Geneva. He thought that the possibility of
making corrections should be left open until the next Session of the
Contracting Parties , since points of substance were involved as well as
typographical errors, and more time was needed to deal with them.
Mr.SHACKLE (United Kingdom) said that he was awaiting instructions
from his government on Item 54 (first) of the United States list. It would
be helpful if the lists could be held open until the last possible moment
in order to include in the Protocol all items on which agreement had been
obtained.
The preambble of the Protocol was then approved, subject to reversal
of the words "Schedules and Annexes" to read "Annexes and Schedules" in line 5
on page 2, and to drafting changes in the French version.
The CHAIRMAN called attention to GATT/1/37/Corr.2 (paragraph 2)
concerning Annex B, to be inserted after paragraph 2 at the end of page 5.
SCHEDULE I - COMMON WEALTH OF AUSTRALIA
Mr. MORTON (Australia) stated that the United States and Canada had
agreed to the change in Item 231 (E).
The Rectificaticn in Schedule I was approved
SCHEDULE II - BELGIUM,LUXEMBOURG,NETHER LANDS
Mr. LAMSVELT (Netherlands) stated that Canada had agreed to the
rectifications to Item 640, which were not a matter of substance.
The Rectifications in Schedule II were approved.
SCEDULE III -UNITED STATES OF BRAZIL
The Rectifications were approved.
SCHEDULE V - CANADA
M. ROYER(France) said that Item 156 (v) appeared to be only a
typographical error; he had received confirmation on Item ex 162 and 549 (ii)
from his government.
Mr.WOULBROUN (Luxembourg) had not yet received instructions on
Item ex 172 (second). Item 187b was correct in the French text
Mr. PHELPS (United States) could not yet give confirmation regarding
Item 438e(3).
Mr.COUILLARD (nCaada) ask d, that the Item read in fu:l; 1x65E(V),
438e(3), and 549(ii).
hee_ ctificationsn GATT/1/SR.12
Page 3
The Rectifications in Schedule V were a approved, subject to the
outstanding confirmations.
SCHEDULE VI - CEYLON
The Recfications were approved.
SCHEDULE VII - REPUBLIC OF CHILE
The Rectifications were approved.
SCHEDULE IX - REPUBLIC OF CUBA
Mr. PHELPS (United States) said he was not yet authorized to give appoval
to the items numbered (2) to (5) in the Report. He would inquire about
Item (1) in the list of Mr. Guerra's earlier statement.
The Rectifications in Schedule IX were approved, subject to outstanding
confirmtions.
SCHEDULE X -CZECHOSLOVAKIA
The Rectifications were approved.
SCHEDULE XI - FRANCE
The Rectifications were appoved.
The Rectifications were approved . (See Corr.2; also"strength" should be
capitalized).
The rectifications were approved. (See bracketed note on Schedule XII
above).
SCHEDULE XVIII - UNION OF SOUTH AFRICA
The Rectifications were approved.
Mr.SHACKLE (United Kingdom) said that all rectifications had been
confirmed.
The Note requested on section C (see earlier statement) was approved.
The Rectifications in Schedule XIX were approved.
SCHEDULE XX - UNITED STATES OF AMERICA AMER
Wen S (Umited States) said that the item numbered 1 in the
mitab-0-ittee's Resort wa nconfiet od&Irmed; (2) was confirmed by China
anu thb Unngdom;ed Kio, (3) bniy thki Uted ingdom; (4) was considered by
-tommitsuecaittei o be graphical phiaal rectification; (5) was confirmed by
Carefd; (6( ande 7) wre confirmed by the United Kingdo,(m; (80) 9) (1) and
(U)t had not ye medn confiredi.
RF WRC a (Vranceconcerninghat onCe of he Items: inrancet to Fanoe.,
these could be included in theon totocounl, m the derstanding that France
resrerved itsTienht em under parrgraeopn of th aph 2. . Article V,
UGENTHALERion of W. ATRA Mr. (Czechoslovakia), W Phelps replied
that if approval of any substantial Iteom were not received frm the government
with which the item had ieen negotiated, that Itoem would be deleted frm the
Protocol before siature.. /The Rec fications 3 tct .Page 4
The Rectifications in Schedule XX were approved, subject to outstanding
co ati . 'nfirm4, Ions
(page 34)
W. AIXGDZ15MIM (Czechoslovakiards changeried paragraph 3 as regda cnes
of substance.
W, 4CRT0 (Australia) pointed out that, as regards rectifications which
lowered rates, a country should not be deprisied of the benefits of concesions
on egotiated at Geneva. by recoa of typographical errors; as for rates higher
than those originally shcAm, paragraph 2 of Article X would preclude collection
oun duties at the higher rates mtil these were officially published.
Paragraph 3 was proved, substituting the word "day" for "date"
(line 2), In the English version lnly, subject to the followLing corrections
In the French version:
(é) in line 5, replace "siend de" by "en data du"
(ji) in line 9, replaée tée sa signature" by "priciite".
W. NAS (New Zealand) drew attention to the corresponding provision
in the GAXXVI)Paragraph 6 of Article ) which referred to the time of
registration.
greeter discussion, it was to4substitute for paragraph k the
shimilar= paragraph (6) in te Protocol ofsPrjvisional Application, bubiect
to consu~tation with the Legal Advisor.
Penultimate Paragaph
agreft er discussion, It was 2edthat the penultimate paragraph should
tread: "IN WITRS WHE0E amhe Governmeonmmjniove-nmed having cm ated
their powers,, founro thao be in good and due f'm,ve, signed their protocol."
The CcN aled attention to the need for the Contracting Parties
to have full powers for soionoture of the POtOcOl.
It was a8eed to include in the Protocol outstaonding rectificatics
confirmed by 6.00 ap.m., Monday 22cMrch. Items not -onfirmed by then
would be omitted from the Protocol.
n a poinO rBOised uby Mr.rg WoUL.ORO ELxemboranceMr Y R (Faame)
proposed tat, between Sessions of the Contractingm Parties, governents
might contact each other onith regordoto ccfirmatiCnnOf rectificatioms
not Included in the Protocol, and make appropriate arrangements after
nonifying other coatrMctRODRIGUEZes. r ]B ROoughT.Z (Brazil) th t that
reciifications not Included in the present Protocol should. be considered
at the next Seadion.
Te he me.ting.m. es at 5,1k pL. for a bminutes. thirty MIrrteO
.4. no |
GATT Library | fb379nb5197 | First Session of the Contracting Parties. Summary Record of Third Meeting : Held at the Capitolio, Havana, Cuba, on 5 March 1948 | General Agreement on Tariffs and Trade, March 6, 1948 | General Agreement on Tariffs and Trade (Organization) | 06/03/1948 | official documents | GATT/1/SR.3, 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/fb379nb5197 | fb379nb5197_90270007.xml | GATT_145 | 3,318 | 20,314 | GATT/1/SR.3 RESTRICTED
6 March 1948
ORIGlNAL: ENGLISH
FIRST SESSION OF THE CONTRACTING PARTIES
SUMMARY RECORD OF THIRD MEETING
Held at the Cepitolio, Havana, Cuba, on 5 March 1948
Chairman: Mr. L. D. WILGRESS (Canada)
1. Position of countries which are not yet Contracting Parties.
Mr. HAKIM (Lebanon) asked for clarification of the position at this
Session of signatories of the Final Act at Geneva who were not applying the
Agreement. He felt that on certain questions the rights of these countries
were the same as those of the signatories of the Protocol of Provisional
Application.
The CHAIRMAN pointed out that the position of countries such as
Lebanon was met by the Rules of Procedure. As regards their right to
vote in connection with the super-session and. amendment of the Agreement,
it had been previously agreed to endeavor to establish a unanimous text all
twenty-three countries could sign. The legal position was clear and was
covered by the definition of "Contracting Parties" contained in the
Agreement..
Mr. HAKIM (Lebanon) reiterated his feeling that the question of voting
might arise when discussing the contents of the proposed Protocol. It was
undesirable that the two sets of countries signatories of the Final Act at
Geneva should be on different footings when considering so important a matter.
2. Corrections to the Summary Record of the previous meeting.
At the request of Mr. HOLLOWAY (South Africa), it was agreed to amend
paragraph 4 on page 3 of document GATT/1/SR. 2 to read: "..the trend of
the discussion indicated that....", instead of "there seemed to be general
agreement that". The statement of Mr. S. A. HASNIE (Pakistan) contained
in paragraph 3 of page 4 of document GATT/1/SR.2 was, at his request, amended
to read: "Said that his Government was likely to take the Same view on this
matter".
3. Amendment, and Supper-session of the General-Agreement.
Mr. ROYER (France) felt that action should not be delayed at the present
/Session GATT/1/SR. 3
Page 2
Session through the inability of any signatory of the Final Act at Geneva
to adhere to whatever document was drafted, provided all the Contracting
Parties were in a position to sign such a document.
Mr. LEDDY (United States of America) recalled the proviso of paragraph
paragraph 2 (a) of Article XXIX and pointed out that the Protocol of
Provisional Application was open for signature until 30 June 1948. Therefore,
as any non-Contacting.Party could adhere to the Protocol of Provisional
Application at any time up to 30 June next, the only practicable procedure
was to have a Protocol of amendmentss to be adhered to by the twenty-three
Geneva signatories.
The CHAIRMAN felt the moment had not come to consider points of legal
detail and introduced document GATT/1/9 containing the amendments of the
United States delegation to the Rules of Procedure.
4. Consideration of the Rules of Procedure(document GATT/1/1).
Mr. ROYER (France) stated, in connection with Rule 1, that the
United States amendment thereto had the effect of leaving the Contracting
Parties without a Secretariat at the end of the Havana Conference.
Mr. LACARTE (Deputy Executive Secretary) confirmed the view of the
French representative.
Mr. SHACKLE (United Kingdom) felt that the Secretariat, which had
acquired much valuable experience in the course of the last year or two,
should not be dispersed at the end of the Conference.
Mr. GUERRA (Cuba) recalled it had been mentioned at a previous
meeting that the United Nations Dpartment of Economic Affairs in New York
could serve as a central point for matters concerning the General Agreement.
Mr. LACARTE (Deputy Executive Secretary) stated it was unlikely this
service could be provided free of charge to the Contracting Parties.
Mr. GUERRA (Cuba) was willing to agree to the United States amendment
provided suitable arrangements were made with the United Nations. He felt
it was essential to ensure a common point of contact, as well as certain
services.
The CHAIRMAN pointed out that Item 4 of the Agenda of the First Session
would be one of the last items to be considered and that it covered the
matter under discussion. The Rules of Procedure were intended to apply to
the conduct of the meetings being held and a decision in connection
therewith would not prejudice the consideration of Item 4. He suggested
that the United States amendment be dealt with and that questions pertaining
to the Secretariat should be discussed under Item 4 at a later stage.
/Mr. SHACKLE GATT/1/SR. 3
Mr SHACKLE (United Kingdom) requested that the Secretariat make
inquiries in New York as to the possibility of the Department of Economic
Affairs acting as a central clearing office as proposed by the Cuban
representative.
The CHAIRMAN conveyed the Secretariat's assurance that this would
be done.
Mesers. ROYER (France), GUERRA (Cuba) and LAMSVELT (Netherlands ) felt
Rule 1 should remain as it stood.
Wr. LEDDY (United States of America) withdrew his amendment. His only
concern was that the Rules of Procedure should not imply that a separate
Secretariat existed for the Contracting Parties.
Rules 1 to 5 were then agreed as contained in document GATT/1/1.
Rule 6 was adopted as it stood and the United States amendment was withdrawn.
Rule 7 was approved as follows: "The representatives of countries
signatories at.Geneva of the Final Act adopted at the conclusion of the
Second Session of the Preparatory Committee of the United Nations Conference
on Trade and Employment which have not become Contracting Parties may
attend meetings in the capacity of observers participating in the discussions."
Rules 8, 10. 11, 12 and 13 were adopted as contained in document GATT/1/1.
It was agreed that Rule 9, the second sentence of which had been
deleted at the first meeting, should be considered at a later Stage.
The United States proposal on Chapter V was approved, as amended by,
the French representative, so that Rule 14 was added to Chapter IV. reading
as follows: during g the First Session of the Contracting Parties, the
Executive Secretary of the United Nations Conference on Trade and
Employment and his staff shall perform the usual duties of a Secretariat."
Chapter V as contained in document GATT/1/1 was therefore deleted and
a consequential renumbering of the following Chapters and Rules was
automatically effected. Rules 17 to 22, inclusive, (numbering as in
document GATT/1/1) were approved as they stood. Rule 23 was amended at the
request of the Indian representative to read as follows: "The Chairman,
with the consent of the Contracting Parties ma limit the time allowed to
each speaker." The rast of the Rules of Procedure was adopted with no
amendment from the text contained in GATT/1/1 and the United States
amendment on Rule 38 withdrawn. .
The CHAANM>U then stated that the Rules of Procedure had beagren eed
with the exception of Rule 9 which would be considered at a later stage.
5. a t ProtDcrfof Super-=ession and Amendme,nt.nms
ThHAeRM NCIA introduced doecumnATTG1T11/ll containing a draft Protocol
/of Super-session GATT/1/SR. 3
Page 4
of Super-session and Amendments prepared bs the Secretariat. He stressed
the desirability of attaining early unanimity on the text of such a document,
although he recognized that not all the provisions could be agreed to
immediately.
Mr. SHACKLE (United Kingdom) recalled that he had already stated that
his Government might have some difficulty in agreeing to the early
incorporation into the Agreement of Articles 13, 15 and 23 of the Charter
as agreed at Havana. He had now received instructions to the effect that
his Government could not agree to such substitution taking effect before
1 January 1949 in any case and that Parliament would have to debate the
matter before such changes could be agreed to by the United Kingdom.
Mr. HOLLOWAY (South Africa) inquired as to the Full Powers needed.
to sign the proposed Protocol.
Mr. LACARTE (Deputy Executive Secretary) stated that the Legal Adviser
was preparing a report on the Full Powers which had heen submitted to date,
in the light of the contents of the Agenda, and that his riews would be
put to the Contracting Parties at a forthcoming meeting.
In reply to a point made by Mr. HOLLOWAY (South Africa), Mr. LACARTE
(Deputy Executive Secretary) stated that the Secretariat proposal under
discussion was intended to be signed by all twenty-three countries. If
unanimity could be attained, there would be no further legal difficulties.
Should it not be possible to attain unanimity, then would be the time to
seek other formulas.
Mr. ROYER (France) suggested the Protocol should remain open for
signature after it was signed at Havana. Reverting to the statement by the
United Kingdom delegate, he. inquired whether it meant that the
United Kingdom did not wish to give up its rights under the proviso of
paragraph 2 (a) of Article XXIX. However, Mr. Shackle's mention of
1 January 1949, seemed to imply agreement that amendment could take place
before the entry into force ok the Charter. He further wished to know
whether the statement by the United Kingdom representative applied to the
amendments proposed by France, which were of very great importance to the
latter country.
Mr. SHACKLE (United Kingdom) stated that the United Kingdom Government
could not accept substitution before 1 January 1949. His Government-needed
an adequate opportunity to present the Charter to Parliament and to secure
its views.
Mr. LEDDY (United States of America) did not agree with Mr. Royer
in that he felt that all signatures to the propose Protocol should be
/affixed at GATT/1/SR.3
Page 5
affixed at Havana so that non-participants in the Geneva negotiations would
now the text of the General Agreement when signing the Final Act of the
Trade Conference. In connection with the statement by the United Kingdom
representative, he wished to know what Articles the date of 1 January 1949
applied to.
Mr. SHACKLE (United Kingdom) stated his instructions applied only to
Articles 13, 15 and 23 of the Charter.
Mr. FORTHOMME (Belgium) felt some lapse of time at the end of the
Trade Conference should be allowed to sign the Protocol. As regards the
automatic substitution by the Charter of Article I and Part II of the
Agreement, this should not take place before the entry into force of the
Charter. If the Havana Charter never entered into force, Belgium would
prefer to keep the Geneva text and such a development would be precluded
by substitution of the Geneva text by the Havana text taking place too
early. Be felt it was too soon to talk about Articles 23 and 42 of the
Charter because their flnal texts were not yet known.
Mr. SHACKLE (United Kingdom) appreciated the need for all signatories
of the Final Act of the Havana Conferenoe to know what would be the
contents of the Agreement. However, they, could alway be sure that Part II
would be superseded by the Charter and the only serious doubts that could
arise were connected with the Articles not in Part-II, i.e. Article XI and
Part III.
Mr. GUERRA (Cuba) pointed out, in relation to Mr. Shackle's remarks
that if the Contracting Parties did not waive their right to lodge objections
to automatic super-session within sixty days of the termination of the
Havana Conference, the signatories of the Final Act of the Havana Conference
would not have any assurance as to the final test of the Agreement.
Mr. ROYER (France) recalled that the sixty-day provision had been
drafted to meet the worst possible case, that is, a complete reversal at
Havana of the text agreed at Geneva. However, no such thing had happened.
Only two of the articles under consideration had been substantially modified:
Articles 13 and 23 of the Charter Furthermore, all Govenments had surely
been kept advised of developments throughout the Conference. As some
delegates had pointed out their difficulty in signing the Final Act at
Havana without knowing the final text of the Agreement, the Contracting Parties
should surely make every effort to meet their case. He felt that due to
political considerations, it was desirable for the text of Article 23 of
the Charter to be substituted for the corresponding provision of the Agreement
as early as possible. He had cabled for instructions on the latest possible
/date that GATT/1/SR. 3
Page 6
date that France could agree to for such substitution but felt that it
could sure not be later than 1 January 1949.
As regards Article 42 of the Charter, it was essential for France that
substitution should take place at the earliest possible date, due to the
negotiations for a custom union with Italy, which would being to have
juridical effects in about one month's time.
Mr HAKIM (Lebanon) agreed with the French representative and stated
that the proviso in paragraph 2 (a) of Article XXIX of the Agreement did
not apply because the Agreement was not in force.
The CRAIRMAN disagreed with Mr. Hakim's interpretation and pointed out
that "Contracting Parties" were defined in Article XXXII.
Mr. FORTHOMME (Belgium) suggested the immediate substitution of certain
Articles of the General Agreement on Tariffs and Trade without necessarily
providing for the substitution of the fall text. It had been agreed at
Geneva that the Contracting Parties were entitled to keep the Geneva text
until it was necessary to apply the Havana text. He was opposed to the
French position and felt there was nothing very terrible about waiving
rights under the proviso of paragraph 2 (a) of Article XXIX, although only
a very small risk was involved in its operation for countries which had not
participated in the Geneva negotiations. He was opposed to the automatic
replacement of the provisions of the General Agreement before the entry into
force of the Charter, but was ready to recommend to his Government all
logical amendments.
The CHAIRMAN felt that it would be better to examine GATT/1/11 paragraph
by paragraph and for this purpose suggested that consideration should be given
in the first instance to paragraph 3 on pages 2 and 3.
Mr. LEDDY ( Unted States of America) wished the problem divided into
two parts: (i) countries which had not been represented at Geneva should
be put in a position to know what would be the final text of the Agreement;
(ii) what Charter Articles should be inserted in the Agreement before the
entry into force of the Charter.
The CHAIRMAN agreed with this view. He suggested consideration of
paragraph 3 of GATT//11 and pointed out that the contents of this
paragraph had been agreed in principle by the Heads of Delegations of the
Trade Conference.
Mr. FORTHOMME (Belgium) proposed the insertion of the word "Havana" at
the end of line 3 of (b).
Mr. SHACKLE (United Kingdom) stated his Government was ready to see
this change take effect when the Charter came into force.
/The CHAIRMAN GATT/1/SR.3
Page 7
The CHAIRMAN then referred to paragraph 4, on page 3 of GATT/1/11, which
was agreed. He then called the attention of the meeting to paragraph 5, on
Page 3.
Mr.LAMSVELT (Netherlands) felt that it was not essential to delete
the proviso in paragraph 2 (a) of Article XXIX. .
Mr. ROYER (France) in reply to a question put to him by Mr. Lamsvelt
(Netherlands) regarding the incorporation of the text of Article 42 of the
Charter In the Agreement explained that France will soon have to sign a
Protocol of conditions under which a customs union with Italy is to take
place. However, such a Protocol cannot be concluded if one of the two
parties In this case, France - has international commitments to the
contrary.
He felt that paragraphs 1 and 2 of Article I of the Agreement could
well be left as they stand instead of being replaced by the corresponding
Charter text.
Mr. FORTHOMME (Belgium) supported Mr. Lamsvelt's views on the proviso
in paragraph 2 (a) of Article XXIX and pointed out that the flirt words of
the first line of paragraph 5 of document GATT/1/11 should read: "To amend
paragraph 2 (a . of, Article XXIX........"
Mr. BANERJI (India) was not clear on why reference was made in
paragraph 5 of GATT/1/11 only to paragraphs 1 and 2 of Article I of the
Agreement.
The CHAIRMAN pointed out that there is no provision equivalent to
paragraph 3 of Article I of the Agreement in the Charter text of Article 16.
If the French proposal were accepted, the words "paragraphs 1 and 2 of
Article I" would be deleted from paragraph 5 of the Secretariat's draft
Protolcol.
Mr. TRABOULSIE (Syria) agreed with Mr. Royer on this point.
Mr. HOLLOWAY. (South Africa) felt that the proposal to waive the rights
of the countries which participated in the Geneva negotiations, under the
proviso of paragraph 2 (a) of Article XXIX was either due to reasons of
material substance or of convenience of other delegations which requested it.
If the reasons were of substance, Governments need not waive their rights
over the whole field when it was only necessary to do so on a narrow sector.
If it were a matter of convenience, he asked himself whether it was not also
proper that the convenience of the Contracting Parties should be met.
Mr. LEDDY (United States ot America) was in favour of waiving the right
to lodge objections within sixty days ok the end of the Havana Conference. GATT/1/SR.3
Page 8
Mr. SHACKLE (United Kingdom) stated that the Agreement had been debated
and approved in the British Parliament and that the same would occur with
the Charter. Previous Parliamentary consideration of the Charter, how
could his Governnent agree to the automatic replacement of the Agreement
(which had been approved by Parliament) by provisions not yet approved
(i..e. the Charter)? This meant some countries would have to sign the
Final Act at Havana without knowing the final text of the Agreement. In any
case, such signature implied no commitment and, although it did cause some
inconvenience to other Governments, it seemed proper to meet the position
of countries such as the United Kingdom which required the support of
Parl nt in this matter.
Mr. ROYER (France) felt that it was precisely due to Parliamentary
reasons that France wanted to know what the text of the Agreement would be.
The text of the Agreement would be discussed by the French Parliament
shortly after the end of the Havana Conference, and it was desirable that
Parliament should know what was going to be the final text of the Agreement.
Mr. SKAUG (Norway) supported the French representative. Their
Parliament had not yet ratified the Agreement mainly because Norway had
certain reservations to the general text. It was expected that the
Agreement would be submitted to the Norwegian Parliament shortly after the
end of the Havana Conference, but it would not be possible to submit a text
which was not known to be final.
Mr. LEDDY (United States of America) was not clear on how the
United Kingdom Government would affect the position of Parliament by
surrendering its freedom of action under the proviso of 2 (a) of Article XXIX.
Mr. SEACEKE (United Kingdom) felt an endeavour should be made to amend
the Agreement on specific points and on a limited waiver of rights under
2 (a) of Article XXIX.
Mr. LOPEZ RODRIGUEZ (Brazil) agreed with the French and Norwegian
representatives.
Mr. NASH (New Zealand) supported paragraph 5 of GATT/1/11 because he
felt only one text should be submitted to the various Parliaments.
The CHAIRMAN in summing up, stated there appeared to be general
agreement that super-session should take place on the date of entry into
force of the Charter. There was support for the French view that references
to Article I should be omitted from paragraph 5 of the Secretariat draft
Protocol. The main point at issue appeared to be in regard to the depletion
of the proviso contained in 2 (a) of Article XXIX.
It was decided to resume the discussion at the next meeting and the
meeting was then adjourned.
W oIAa |
GATT Library | qr055yw2048 | First Session of the Contracting Parties. Summary Record of Thirteenth Meeting : Held at the Capitol, Havana, Cuba, on 19 March 1948 at 6.00 p.m | General Agreement on Tariffs and Trade, March 23, 1948 | General Agreement on Tariffs and Trade (Organization) | 23/03/1948 | official documents | GATT/1/SR.13, GATT/SR.7-14+SR.7/Corr.1, SR.10/Corr.1, and SR.12/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/qr055yw2048 | qr055yw2048_90270026.xml | GATT_145 | 2,223 | 14,141 | RESTRICTED GATT/1/SR.13.
23 March 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTING PARTIES
SUMMARY RECORD OF THIRTEENTH MEETING
Held at the Capitol, Havana, Cuba, on 19 March 1948 at 6.00 p.m.
AUSTRALIAN RESERVATION CONCERNING THE REPLACEMENT OF ARTICLE XXIV BY
ARTICLE 42 OF THE CHARTER AND AMENDMENTS TO PART III
The CHAIRMAN pointed out that as paragraph 2 (a) of Article XXIX could
only be amended by the unanimous agreement of the contracting parties, further
consideration would have to be given to the Protocol of Supersession and
Amendments.
Mr. COOMBS (Australia) explained that he would have to reserve his position
on the projected Customs Union between France and Italy, although his
Government was not opposed to the idea of that particular agreement, because
Article 42 (b) did not provide for settlement on a mutually advantageous basis.
Nothing would be lost by not Incorporating Article 42 in the revised Agreement
and under instructions from his Government be would be forced to oppose its
inclusion.
W. ROYER (France) pointed out that the maintenance of the present
Article XXIV would have the effect of postponing the establishment of proposed
customs unions for a further two years. The French parliament would reject
any text which discouraged the establishment of customs unions. It might be
possible to amend the provisions of Article XXX although he was not in favour
of a majority amendment with respect to the entry into force of important
provisions.
Mr. LEDDY (United States of America) suggested that as the Australian
delegation would be unable to accept the principle of general supersession,
a resolution might be drawn up which woud state inter alia that in view of
the compromise which had emerged from the Co-ordinating Committee of the Trade
Conference, governments would agree to waive the provision concerning
submission of objections within sixty days of the closing of the Conference.
A separate protocol could be drawn up with respect to the substitution of
Articles 23 and 42 of the Charter.
Mr. SHACKLE (United KIngdom) suggested two separate Protocols for
/Articles 23 Page 2
Articles 23 and 42 as the former had not been the subject of controversy.
Mr. SPEEKENBRINK (Netherlands) accepted the United States suggestion as
modified by the representative of the United Kingdom.
In reply to the representative of Cuba, Mr. LEDDY (United States of
America) explained that he had deliberately suggested the idea of a
resolution, rather than a Protocol so that it would be possible for all
representatives to sign it.
Mr. COOMBS (Australia) said that it would be impossible for him to sign
a resolution recommending that his Government should waive the provisions of
Article XXIX (2) (a). He hoped that it would be possible, as suggested by the
representative of France, to have a protocol which would be left open for
subsequent signature.
Mr. SPEEKENBRINK (Netherlands) expressed the view that if sufficient
governments signed the Charter, its provisions would of necessity have to
replace those set forth in the General Agreement. He was in favour of
agreeing with respect to as much as possible, leaving what remained open for
signature at a later date.
Mr. LEDDY (United States of America) wondered if it would be possible to
adopt some form of resolution to the effect that the provisions of the Agreement
would not be harsher with respect to new contracting parties than those laid
down in the Charter. He was particularly anxious to allay the fears of
certain delegations that the Geneva text of Article 13 would remain unchanged
in the Agreement.
Mr.SHACKLE (United Kingdom) said that personally he doubted whether such
a resolution would be adequate from the constitutional point of view.
Secondly, it would have the effect of placing newcomers in an advantageous
position. He suggested the preparation of one or more protocols which
could be left open for signature for perhaps sixty days and at the following
meeting of the contracting parties further consideration could be given to the
matter.
After an exchange of views the CHAIRMAN took the sense of the meeting
concerning a suggestion of the Lebanese representative that governments
should simply be asked to pledge that they would not submit objections to
any provision or provisions of the Agreement within sixty days of the closing
of the Conference.
The representatives of Canada Cuba, France, Brazil, India Lebanon,
Norway, and the Netherlands said that they would accept such a suggestion.
The representative of the United States said that he would accept it
provisionally. The representatives of Australia, China and Czechoslovakia
said that they would be unable to accept the suggestion, while the
representatives GATT/1/SR/13
Page 3
representatives of New Zealand, South Africa,Luxembourg, and the United Kingdom
were unable to state definitely what their position would be.Seven
signatories of the Geneva Final Act were absent.
Mr. WOULBROWN (Luxembourg) expressed the view that the representative of
Belgium, who was not present at the meeting, would not oppose the establishment
of a protocol along the lines suggested above.
Mr. HAKIM (Lebanon) pointed out that such a Protocol would not need to be
left open for signature after the close of the Conferences,as governments
wishing to adhere to it could do so by renouncing their right to raise
objections.
It was agreed that the Secretary would prepare a draft Protocol for
consideration at the following meeting.
CONSIDERATION OF THE ADVISABILITY OF HAVING ONE OR TWO PROTOCOLS
WITH RESPECT TO THE SUBSTITUTION OF ARTICLES 23 AND 42
After an exchange of views in which the representatives of the
United Kingdom and France supported the idea of a separate Protocol for
Article 23, and the representative of the United States expressed his anxiety
to avoid obliging certain countries to sign a protocol, it was agreed that the
Articles could be accepted under the provisions of Article XXX, it being
understood that an instrument of acceptance was of equal validity with a
protocol.
The CHAIRMAN felt there would be no objection to a Protocol modifying
certain general provisions of the General Agreement if the replacement of
Article XXIV by Article 42B as well as the question of supersession were
omitted.
On that basis, document GATT/1/28 would be revised by the deletion of
Sections I, III, IV; Sections V, Vl, VII and VIII would remain (Section VIII
as revised by GATT/1/40/Rev.1).
Section VII:
Mr.BEYLEVELD (Union of South Africa) said he was not yet in position to
discuss the new Article XXXV.
To the remark of Mr.ADARKAR (India) that reference to paragraph 1 of
Article XXIX would not be necessary in Article XXXV,the CHAIRMAN replied that
whether to amend paragraph 1 of Article XXIV was a matter for consideration;
however it would be in order for reference to remain in Article XXXV even if
the contracting parties were bound to observe the spirit of the Geneva Charter
rather than the Havana Charter.
Mr. SHACKLE (United Kingdom) thought it unnecessary to amend paragraph 1
of Article XXIX. GATTA/1/SR.13
Page 4
Two errors were noted In paragraph 2 of Article XXXV: add "Havana"
before "Charter"; "parties" should be "party".
It was agreed to leave Section VII, subject to last minute review.
Section VIII (GATT/1/44)
Mr.LEDDY (United States) suggested adding at the end of the first sentence
of the third paragraph: "and such governments shall not be required to apply
such modifications until they become contracting parties to the General Agreement
as defined in Article XXXII of the General Agreement."
Mr. ROYER (France) agreed but suggested some re-drafting, while Mr. SHACKLE
(United Kingdom) thought the paragraph redundant.
Mr. NASH (New Zealand) asked whether the fourth paragraph regarding
registration should not be substituted by the wording of paragraph 6 of
Article XXVI.
The CHAIRMAN replied that the legal adviser of the Secretariat had
suggested the wording and it would perhaps be better to leave the matter to
the Legal Department of the United Nations. The purpose of the provision was
to save each government the trouble of registering documents of a multilateral
character; the Secretary-General would choose the time of registration.
The meeting recessed from 8.00 to 9.45 p.m.
Continuation of Consideration of Section VIII (GATT/1/47, paragraph v)
Mr.ROYER (France) thought the United States addition to the third
paragraph would oblige a country soon to become a contracting party to postpone
signature until it had power to sign the amended text.
It was agreed to delete the second paragraph and the phrase suggested by
the United States representative in the third paragraph (lines 4-6) "and such
governments... .on Tariffs and Trade".
Mr. GUTIERREZ (Cuba) had no objection to the deletion but wanted to make
it clear that regarding the first paragraph he would take no responsibility
for its validity according to the Cuban Constitution.
Sections I. II, III, IV and V of document GATT/1/47 as amended were
approved subject to the Australian reservation to sub-paragraph (a) of
Article XXXV, to confirmation of Article XXXV by the Union of South Africa,
and to the remarks of the representative of Cuba regarding paragraph 1 of
Section V, Provision for the replacement of Article XXIV by Article 42B
and amendments to Article XXIX were deleted from the Protocol.
DECISION CONCERNING THE FORMATION OF A CUSTOMS UNION
BETWEEN FRANCE AND ITALY (GATT/1/38/Rev.1)
It was agreed to omit the phrase "between the territories of contracting
parties", and to insert with necessary modifications the text of Article XXIV
/paragraphs 5 (a), GATT/1/SR.13
Page 5
paragraphs 5 (a), 5 (c), 6 (a) and 7 (a), taking into account.the addition to
paragraph 5 (a) (see document GATT/1/41).
PROPOSED PROTOCOL PROVIDING FOR RENUNCIATION OF RIGHT TO LODGE
OBJECTIONS TO SUPERSESSION(GATT/1/48)
The CHAIRMAN, replying to a question of Mr.GUTIERREZ (Cuba), said that a
separate protocol was proposed because Australia was unable to agree to the
replacement of Article X XIV by Article 42B.
The CHAIRMAN, replying to Mr. AUGENTHALER'S (Czechoslovakia) question as
to whether the Protocol would remain open for signature, said that even if it
were not signed, a country could give effect to the Protocol by not lodging
complaint.
It was agreed to delete Section II regarding the effective date, inasmuch
as the Protocol was declaration.
At the suggestion of Mr. LEDDY (United States) that Section I seemed
mandatory in the sense that it appeared that countries were being requested to
relinquish a right, the CHAIRMAN asked for re-drafting, and upon the submission
of three notes, he requested the Secretariat to prepare a clean copy.
Mr. LEDDY (United States) said that agreement not to lodge objection within
60 days did not prevent submission of appropriate amendments later.
Mr. ROYER (France) suggested the use of the word "Declaration" rather than
"Protocol".
PROTOCOL FOR AMENDING ARTICLE XXIV WITH CORRESPONDING TEXT OF ARTICLE 42B
(United States White Paper No. 6500)
It was agreed to replace the words "TAKING NOTE OF" by the phrase
"Having approved" and to insert after the phrase "AGREE to deposit" the phrase
"before June 1, 1948....".
Mr. ROYER (France) replied to questions as to the effect on the amendments
if two-thirds of the contracting parties did not meet the date of June first,
by stating that the amendments would come into force (under Article XXX) at any
time the two-thirds majority was reached. The only value of the Protocol was
that it provided grounds to request action.
He felt it should be clarified. that signature to "instruments of
acceptance" would have the same legal force as signature to the Protocol for
Provisional Application.
Mr. LEDDY (United States) said that in the opinion of his delegation an
instrument of acceptance was a notification by a government that it would apply
the provisions as long as it was applying the Protocol of Provisional Application.
Mr. SHACKLE (United Kingdom) agreed and added that while the General
Agreement on Tariffs and Trade was in force under the Protocol of Provisional
Application, a similar procedure for amendments would suffice.
/It was GATT/1/SR.13
Page 6
It was agreed that after the governments had been named (each contracting
party except Australia) the following phrase should be added: "which are
provIsionally applying the General Agreement on Tariffs and Trade pursuant to
the Protocol of Provisional Application."
Mr.DAO (China) asked whether a government, not now a contracting party,
would have to sign the instrument of acceptance at the same time as it signed
the Protocol of Provisional Application, or would the latter be considered as
having been amended.
The CHAIRMAN replied that Article XXIV would be amended according to the
provisions of Article XXX from the time two-thirds of the contracting parties
had accepted the amendment. Therefore, a country becoming a contracting party
after that date would also be bound by the provisions of the amendment
Mr. COOMBS (Australia) doubted that the signatories at Geneva could be
required to accept an amendment which they had not themselves accepted.
Mr.LEDDY (United States) felt there was little reason to suppose that
such a requirement would be enforced.
PROTOCOL MODIFYING ARTICLE XIV OF THE GENERAL AGREEMENT (GATT/1/27)
Mr.SHACKLE (United Kingdom) asked that the Protocol be worded as set
forth in GATT/1/27 inasmuch as approval of that text had been obtained from
his government and there would not be time to obtain approval of a new text.
The CHAIRMAN said the new document would be available for the next meeting
and it was agreed that the Protocol should be drawn up as set forth in
GATT/1/27.
The meeting rose at 11.30 p.m. |
GATT Library | kh435js4013 | First Session - Secretariat note | General Agreement on Tariffs and Trade, February 27, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 27/02/1948 | official documents | GATT/1/5 and GATT/1/2-8 | https://exhibits.stanford.edu/gatt/catalog/kh435js4013 | kh435js4013_90310272.xml | GATT_145 | 102 | 642 | RESTRICTED
GATT/1/5
27 February 1948
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION CF THE CONTRACTING PARTIES
SECRETARIAT NOTE
With reference to the last paragraph of document GATT/1/2 of
23 February, it has been found that the meetings of the United Nations
Conference on Trade and Employment which will take place on Saturday,
28 February will permit the first meeting of the Contracting Parties to
the Genera. Agreement on Tariffs and Trade to start on that day at
10.30 a.m as anticipated. It- is therefore proposed. that the
Contracting Parties should. meet Saturday 28 February at 10.30 a.m. in
room 2-2.
5386 |
GATT Library | xb843mc8170 | First Session - Secretariat note. Provisional agenda | General Agreement on Tariffs and Trade, February 27, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 27/02/1948 | official documents | GATT/1/4 and GATT/1/2-8 | https://exhibits.stanford.edu/gatt/catalog/xb843mc8170 | xb843mc8170_90310271.xml | GATT_145 | 107 | 738 | RESTRICTED
GATT/1/1/4
27 -FEBRUARY 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE: CONTRACTING PARTIES
SECRETARIAT NOTE
PROVISIONAL AGENDA
With reference to the last sentence of paragraph 2 of document
GATT/1./1 of 18 February, it is brought to the notice of delegations
that the following requests in respect of the addition of items to
the provisional agenda have been received:
1 From the French delegation
Amendment to Article XXIv: substitution of this Article by
the corresponding provisions of the Charter for an International
Trade Organization.
2. From. the Cuben delegation
"Possibility of releasing any contracting party from undertakings
governed by Article II."
5372 |
GATT Library | jr681bj7351 | First Session - Suggestion by the Chairman to the representatives of the contracting parties with reference to the expenses of the second session | General Agreement on Tariffs and Trade, June 17, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 17/06/1948 | official documents | GATT/1/59/Add.1 and GATT/1/59+Add.1,2 60-63 | https://exhibits.stanford.edu/gatt/catalog/jr681bj7351 | jr681bj7351_90310342.xml | GATT_145 | 230 | 1,494 | RESTRICTED
GATT/1/59/Add.1
17 June 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTING PARTIES
SUGGESTION BY THE CHAIRMAN TO THE REPRESENTATIVES OF THE CONTRACTING
PARTIES WITH REFERENCE TO THE EXPENSES OF THE SECOND SESSION
The Chairman suggests the following as a convenient method for dealing
with certain necessary expenses in connexion with second meeting of the
CONTRACTING PARTIES of the General Ageement on Tariffs and Trade:
That each contracting party intending to send a delegation
to the second meeting of the CONTRACTING PARTIES so budget the-
emenses 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, c/o the
Executive Secretary of the Interim Commission for the ITO as soon as possible.
NOTE: This document was circulated to the Contracting Parties at Havana.
The Chairman has, however, received no replies to the inquiry contained
in the last paragaph of the document and has therefore asked that it
be again brought to the attention of the Contracting Parties. |
GATT Library | sv534ps0014 | For consideration by the Heads of Delegation at its Meeting on 4 February 1948 : Report of the General Committee regarding the composition and functions of a Co-ordinating Committee | United Nations Conference on Trade and Employment, February 4, 1948 | 04/02/1948 | official documents | E/CONF.2/36 and E/CONF.2/14-15/REV.1 | https://exhibits.stanford.edu/gatt/catalog/sv534ps0014 | sv534ps0014_90040091.xml | GATT_145 | 362 | 2,948 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/36
ON DU 4 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
FOR CONSIDERATION BY THE HEADS OF DELEGATION AT
ITS MEETING ON 4 FEBRUARY 1948
REP0RT OF THE GENERAL COMMITTEE REGARDING THE
COMPOSITION AND FUNCTIONS' OF A CO-ORDINATING
C0MMITTEE
At its eleventh meeting hold on 2 February, the General Comittee agreed
on the following rocommendations regarding the composition and functions of
a Co-ordinating Committee
(a) The Committee should, in accordance with the recommendation of
the President of the Conference, consist of a Chairman and eleven
members as follows:*
Mr. Max Suetene (Belgium) Chairman
Dr. Coombs (Australia)
W. Muller (Chile)
Mr. Lleras Restrepo (Colombia)
Mr. Malik (India)
Mr. Hakim (Lebanon)
Mr. Beteta (Mexico)
Mr. Ferraro (Peru)
Mr. Abello (Philippines)
Mr. Sablin (Sweden)
Mr. Holmes (United Kingdom)
Mr. Wilcox (United States)
(b) The Cogordinating Committee should aim at facilitatins the speedy
completion of the work of the Conference by endeavouring to find bases
for resolving certain questions, the solution of which through the
normal work of Sub-Comittees may prove especially difficult or
prolonged.
(c) The Committee should operate without interfering with or in any
way retarding the work of the sub-Committees.
(d) The Committees should, In the first instance, concentrate Its
activities on economic development questions falling within (b) above.
* Mr. Sahlin, Swoden, has subsequently asked to be excused from
member-ship of the Coimittee.
/(e) The Cumttee E/CONF.2/36
Page 2
(e) The Committee may later take cognizance of other questions in which
case the composition of the Committee will be reviewed.
(f) Prior to the Committee beginning its work, the Chairmen of
Committees and Sub-Committees concerned with the questions referred to
in (b) above should meet together and prepare a report for presentation
to the Co-ordinating Committee on the status of the work relating to
these questions.
(a) Throughout its work, the Committee should consult as neccessary
the Chairmen of Committees and Sub-Committees and may consult with
such other Delegates as it thinks fit.
(h) Any delegation not represented on the Committee may consult with
the Cormittee for the purpose of raising with it unresolved problems
of particular importance to that delegation. |
|
GATT Library | yn752kn3501 | Form of Drafting Committee reports. Note by the Secretariat | United Nations Conference on Trade and Employment, March 17, 1948 | Central Drafting Committee | 17/03/1948 | official documents | E/CONF.2/C.8/21 and E/CONF. 2/C. 8/17-28 | https://exhibits.stanford.edu/gatt/catalog/yn752kn3501 | yn752kn3501_90200305.xml | GATT_145 | 190 | 1,425 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE 17 March 1948
ON DU ORIGINAL: ENGLISH
TRDE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL : ENGLISH
CENTRAL DRAFTING COMMITTEE
FROM OF DRAFTING COMMITTEE REPORTS
NOTE BY THE THE SECRETARIAT
Although every effort is being made to produce reports of the
Drafting Committee in the two-column bilingual form to which delegations have
become accustomoduotomod, it now appeers likolythat,e-in vioe of thoeconsidorably
time required to rcaduteor oquêtoe procluo this itypo ofdeonecessarycument will bo .flocesary
at last I esomea ases ton prsoduece theo Fonec and Exgleh oxt sopaatoly-if
the isisuaico of ethese repandorts îe not to bcdoayed &if thoprogress of the
Coenfroecu 6 nt eteo bQ roarddh.c Ii thoo css in wbieh tmay provo
COees8ery to issugo.h Foenc aned Enaelih lltdolext sopsaatolyai. ociona
will b sapplio. ith coepises of beoth. oxe n ordorteonecessary permit of tho Cissary
chkmg eno toxet aainst the othor.
It is rgreettotehat wthe iprosesrc o vor In eho cosieng stagos f tho
onlororoc will not in all ecaesees aillow tchoSoroearltd to ontinuoproucing,
th b1n«uai typf document whsich it i8 eaphproieeatod bas oeo a ecsidorablo'
condeveae to lolotons and teo ethe So,croarat. |
GATT Library | gg567mm7409 | Fourth Committee: Restrictive business practices. Report to the Conference | United Nations Conference on Trade and Employment, March 5, 1948 | 05/03/1948 | official documents | E/CONF.2/53 and E/CONF.2/45/REV.1/53/CORR.3 | https://exhibits.stanford.edu/gatt/catalog/gg567mm7409 | gg567mm7409_90040115.xml | GATT_145 | 4,596 | 30,129 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE
ON DU E/CONF.2/53 5 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORGINAL: EGLISH
FOURTH COMMITTEE: RESTRICTIVE BUSINESS PRACTICES
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 VELDEN (South Africa) Vice-Chairman; on Mr. van VEILDEN's
departure from Cuba on 16 January 1948, Mr. B. N. BANERJI (India) was
appointed as his successor. In the absence of the Chairman and Vice-Chairman
Mr. DEBARROS (Brazil) presided at one meeting of the Commitee.
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 ALCAR (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 Kingdom 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 fourteen meetings.
PART I
WENERAL 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, Norway and Sweden reserved
their positions on Article 50, pending the outcome of discussions on the
new Article 18A. The delegation of Colombia reserved its position with
respect to the scope of Article 50.
/6.The delegation E/CONF.2/53
Page 2
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 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 following explanatory note in the report of the Committee:
"The words 'decide' and 'decision' ('constate' and 'constation'
in the French text) as used in Articles 44: 45A (except in paragraphe3.
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
'deoisions 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".
8. The Committee discussed at length the relation between the procedures
of Chapter V under Articles 45 and 45A, and those of Chapter VIII. In the
course of its discussions, the Committee had the benefit of a communication
from Committee VI (E/CONF.2/C.6/63) setting forth the opinions of that
Committee on the subject of Chapter VIII in its general relation to other
parts of the Charter. Committee IV found that the question was full of
complexities and that it was difficult to foresee at this stage all
implications of cases that may in practice arise.
However, Committee IV calls attention to the fact that the procedures
under Chapter V apply to complaints directed against harmful effects arising
out of business practices of commercial enterprises, while the procedures
under Chapter VIII apply to complaints against Members as such. Therefore
the procedures set forth in Chapter V cannot preclude resort by a Member to
the procedures under Chapter VIII, whenever it considers that there is
nullification or impairment of the benefits under the Charter by another Member
/PART II - E/CONF. 2/53
Page 3
PART II - SPECIAL COMMENTS
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
Organization or in both ways" in order to express the general principle of
co-operation between members and the Organization".
10. In considering paragraph 2, sub-paragraph (c) of Article 44, the
Committee was of the opinion that the expression "effective control of
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 solo 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 in that product, business practices of firms under
that Member's jurisdiction in respect of this product could not be subject to
complaint. Generall 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 oxerts
de facto control of trade between two countries only.
11. In Article 44, paragraph 3 (a) the torm "third -partiea" 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
some or all of their respective capital, engage in the practice of
monopolietic extortion towards other buyers or sellers.
/The Committee E/CONF.2/53
Page 4
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 exeroise 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
paragraph 1and 2.
12.In the Frenche text of sub-paragraph (c), paragraph 3 of this Ariticle,
the word "determinees" was substituted for the word "particuleres", as
the latter word could be, misinterpreted as meaning "private"
ARTICLE 45A
13. The Committee feels that paragrpph 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 situat ons involving one, or perhaps
two coutries, 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 of to define
the type of cases in which rocommendations 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
/implementig the E/CONF.2/53
Page 5
implmenting 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 implementations
of these obligations would accordingly vary from country to country, and no
impairment of fundmental 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
"constitutionn" or "basic legislation". The words "constitution" and
system of Iaw" represent two different concepts - one the actual existence
of basic fundamental legislation, and the other the general legal fram work
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 paragphs 1, 2 and 3 of
Article 44.
ARTICLE 48
16. It was the intention of the Committee that the co-operatlve action
permitted under Article 48, paragraph 1, should be entirely voluntary and
that this Article should not be construed as implying any obligation upon
members to participate in co-operative action. The Committee was also of-
the opinion that the parties to such co-operative action should be those
members directly interested in any particular instance of restrictive
business practices.
ARTICLE 50
17. The alteration of the word "banking" in the first sentence of Article 50
(l) to the phrase "the commercial services of banks", is designed to make
it perfectly clear that the banking operations to which the paragraph refers
are simple financial services directly and intimately connected with
international commercial transactions such as the provision of short-term
credit facilities to cover imports and exports of goods; and the alteration
of the phrase "in relation to them" to the phrase "enterprises engaged in
these activities in international trade" is intended to show that the
paragraph refers only to banking institutions which are themselves directly
engaged in international commercial 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. Electricity as a service or as a product is covered by Chapter V.
On the question of whether electricity should be considered as a
/product and E/CONF.2/53
Page 6
product and its transmissions as a service, the Committee felt that it
should be left to the Organization itself to come to a conclusion.
ARTICLE 51
19. The first sentence of paragraph 1 of the new Article 51 is intended
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 Committtee 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 right to reconsider its position in the plenary session.
/PART III E/CONF.2/53
Page 7
PART III
CHAPTER V - RESTRICTIVE BUSINESS PRACTICES
Article 44
General Policy Towards Rostrictive Business Practices
1. Each Member shall take appropriate measures and shall co-operate with
the Organization to prevent, on the part of private or public commercial
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
invsetigation in accordance with the procedure regarding complaints provided
for in Articles 45A and 47, whenever
(a) such a complaint is presented to the Organization, and
(b) the practice is engaged in, or made effective, by one
or more private or public commercial enterprises or by any
combination, agreement 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 purchase, 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 E/CONF.2 /53
Page 8
technology or invention whether patented or unpatonted;
(f) 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 45
Consultation Procedure
Any affected Member which considers that in any particular instances 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 44
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 Organization shall arrange for an assist in
such consultation. Action under this Article shall be without pre judice to
the procedure provided for in Article 45A.
Article 45A.
Investigation Procedure.
1. In acoordance with paragraphs 2 and 3 of Article 44, 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 enterpries) which
has or is about to have the effect indicated in paragraph 1 of Article 44;
Provided that in the case of complaints against a public commerical enterprise
acting independently. or 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 45.
2. The Organization shall prescribe the minimum information to be included
in complaints under thls Article. This information shall give substantial
/indication of E/CONF.2/53
Page 9
indication of the nature and harmful effects of the practices.
3. The Organization shall consider each complaint presented in accordance
with paragraph 1. If the Organization deems it appropriate, it shall request
Members concerned to furnish supplementary information, for example,
information from commercial enterprises within their jurisdiction. After
reviewing the relevant information, the Organization shall decide whether an
investigation is justified.
4. If the Organization decides that an investigation is justified, it shall
inform all Members of the complaint, request any Member to furnish such
additional information relevant to the complaint as the Organization may deem
necessary, and shall conduct or arrange for hearings on the complaint. Any
Member, and any person, enterprise or organization 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 44 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 particular case the conditions
specified in paragraphs 2 and 3 of Article 44 are present and that the
practice in quostion has had, has or is about to have the effect indicated
in paragraph 1of 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 Organization
shall prepare and publish a report showing fully the decisions reached, the
reasons therefor and any measures recommended to the Members concerned. The
Organization shall not, if a Member so request, disclose confidential
information furnished by that Member, which if disclosed would substantially
damage the lagitimate business interests of a commercial enterprise.
/10. The Organization E/CONF.2/53 Page 10
10. The Organization shall report to all Members and make public the remedial
action which has been taken by tlae Members concerned in any particular case.
Article 46
Studies Relating to Restrictive, Business Practices
1. The Organization is authorized:
(a) to conduct studies, eithor on its own initiative or at the request
of any member or of any organ of the United Nations or of any other
inter-governmental organization, relating to
(i) general aspects of restrictive business practices
affecting international trade;
(ii) conventions, laws and procedures concerning, for
example, incorporation, company registration,
investments, securities, prices, markets, fair
trade practices, trade marks, copyrights, patents
and the exchange and development of technology
insofar as they are relevant 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 concerning such conventions
laws and procedures as are relevant to their obligations under this
Charter;
(b) to arrange for conferences of Members to discuss any matters.
relating to restrictive business practices affecting tnternatonal
trade.
Article 47
Obligations of Members
1. Each Member shall take alI possible measures by legislation or othervise,
in accordance with its constitution or system of law and economic organization,
to ensure, within its jurisdiction, that private and public commercial
/enterprises E/CONF.2/53
Page 11
enterprises do not engage in practices which are as specified in paragraphs 2
and 3 of Article 44 and have the effect indicated in paragraph 1 of that
Article, and it shall assiet the Organization in preventing these practices.
2. Each Member shall make adequate arrangements for presenting complaints,
conducting investigations and preparing information and report requested by
the Organization.
3. Each Member shall furnish to the Organization, 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
Organization in conducting an adequate investigation and which, if disclosed,
would substantially damage the legitimate business interests of a commercial
enterprise. In notifyng the Organization that it is withholding information
pursuant to this clause, the Member shall indicate the general character of
the information withheld and the reasons why it considers it not essential
4. Each Member shall take full account of each request, decision and
recommendation of the Organization under Article 45A 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
obligations 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 Organization 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 conferences provided for in this Chapter with a view to
reaching mutually satisfactory conclusions.
Article 48
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 provisions of this Charter.
/2. Members shall E/CONF.2/53
Page 12
2. Members shall keep the Organization informed of any decision to
participate in any such co-operative action and of any measures taken
Article 49
Domestic Measures Against Restrictivoe 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 50
Special Procedures with Respect to Services
1. The Members recognize that certain services, such as transportation,
telecommunications, insurance and the commercial services of banks, are
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 44. Such practices shall be dealt with in accordance with the
following paragraphs 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 exiete,
With such observations as the Organization may wish to make. If no such
Inter-governmental organization exists, and if Members so request, the
Organization may, in accordance with. the provi sions of Article 69 (c), make
recommendations for, and promote international agreement on, measures designed
to remedy the particular situation so far as it comes within the scope of
this Charter.
/4. The Organization E/CONF.2/53
Page 13
4. The Organization shall, in accordance with paragraph 2 of Article 84,
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 51
Interpretation and Definition
1. The provisions of this Chapter shall be construed with due regard for the
rights and obligatian 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 insofar as they are specifically permitted under
other Chapters of this Charter, The Organitzation 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 44.
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, leasor and lessee, or principal and agent, provided
that such contract is not used to restrain competition, limit
access to market or foster monopolistic control;
(b) the term "public commercial enterprises" means
(i) agencies of governments insofar 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 Cbapter it has effective
control over or assumes responsibility for the
enterprises;
(c) the term "private commercial enterprises" means all commercial
entsrprises othar than public commericial enterprises;
(d) the terms "decids" and "decision" as uses in Articles 44, 45A
(except in paragraphs 3 and 4) and 47 do net determine the obligations
of Members, but means only that the Organization reaches a conclusion. |
|
GATT Library | rn732dh4819 | France: Proposed Amendment to Article 23 | United Nations Conference on Trade and Employment, January 8, 1948 | Third Committee: Commercial Policy and Sub-Committee F (Articles 21, 23 and 24) | 08/01/1948 | official documents | E/CONF.2/C.3/F/W.3 and E/CONF.2/C.3/F/W.1-31/REV.2 | https://exhibits.stanford.edu/gatt/catalog/rn732dh4819 | rn732dh4819_90190563.xml | GATT_145 | 132 | 1,018 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF. 2/C. 3/F/W. 3
ON DU 8 January 1948
TRADE ADE AND EMLOYMENT CROMMETCE E 'DEPL LEMOIORIGINAL: ENGLISH oRaIGn- NGLLE
COMMERCIAL IE=D CC.fA j: CLICY
STZARTICLESCC*a-T:E FCL-1, 23, and 24)
RAZ CMENDMENT TO : POSED ANDMTO ARTICLE 23
byelegation of France has submitted the following amendment to
sub-paragraph 1 (b) (ii) of Article 23:
f(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 indirectly from its
exports to other Members not party to the arrangement is
appreciably reduced below the level it could otherwise have
been reasonably expecte]d to attain in normal circumstances
would receive directly or indirectly from its exports would be
appreciably reduced;" |
GATT Library | dv288rt0467 | Future tariff negotiations | 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.2/13/Add.2 and GATT/CP.2/13/Add.2,3 CP.2/14-22, CP.2/22/Add.1,Corr.1 | https://exhibits.stanford.edu/gatt/catalog/dv288rt0467 | dv288rt0467_90320025.xml | GATT_145 | 206 | 1,417 | RESTRICTED
LIMITED B
GATT/CP.2/13/Add.2
23 August, 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
Contracting Parties
Second Session
FUTURE TARIFF NEGOTIATIONS
The following additional replies have been received to
the telegrams sent by the Chairman with regard to future
tariff negotiations:
Austria
The Government informs that the Havana Charter is to be
submitted to Parliament at its next session and that
accession to the General Agreement will be examined at the
same time.
Ecuador
Ecuador is studying the possibility of adhering to the
General Agreement, but is awaiting consideration by the
National Congress before giving a definitive reply.
El Salvador
El Salvador is interested in principle in adhering but
its final decision depends upon further information as to
legislative action by other governments now and in the
early future relating to the General Agreement on Tariffs
and Trade and the Havana Charter.
Switzerland
The Government of Switzerland considers that a decision
with regard to undertaking tariff negotiations with the
present Contracting Parties cannot be undertaken before the
position of Switzerland with regard to the Havana Charter
has been clarified,
Turkey
The Turkish Government wishes to adhere to the General
Agreement but regrets that it cannot undertake negotiations
this year pending the completion of technical preparations. |
GATT Library | zn690by2645 | Future Tariff Negotiations | General Agreement on Tariffs and Trade, August 17, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 17/08/1948 | official documents | GATT/CP.2/13 and GATT/CP.2/1-13,CP.2/2/Corr.1, CP.2/3/Rev.1,2,2/Corr.1,CP.4/Corr.1 4/Add.1,2,2/Corr.1,CP.6/Rev.1, CP.13/Corr.1,13/Add.1 | https://exhibits.stanford.edu/gatt/catalog/zn690by2645 | zn690by2645_90320022.xml | GATT_145 | 519 | 3,310 | RESTRICTED
LIMITED B
GATT/CP.2/13
17 August 1948
ORIGINAL: ENGLISH AND
FRENCH
GENERAL AGREEMENT ON TARIFFS AND TRADE
Contracting Parties
Second Session
Future Tariff Negotiations
With reference to Item 9 of the Agenda and as
announced by the Chairman at the third meeting, of the Second
Session of the Contracting Parties, the following countries
have indicated their interest in acceding to the General
Agreement on Tariffs and Trade and in entering into tariff
negotiations with the present Contracting Parties :
Denmark is interested in acceding to the General Agreement
and the Danish observers will be authorized to discuss the
arrangement of Danish tariff negotiations with the present
Contracting Parties.
Finland is interested in principle in acceding to the General
Agreement and in entering into tariff negotiations with the
present Contracting Parties.
Haiti considers favourably the possibility of adhering in
the near future to the General Agreement on Tariffs and
Trade.
Sweden would be interested in acceding at an early date to
the General Agreement and would be prepared to enter into
the necessary tariff negotiations with the present
Contracting Parties.
The Executive Secretary has since been advised from Now
York that the Irish Government has not had the opportunity
of giving adequate consideration to the implication in
acceding to the General Agreerment or becoming a Member of
the ITO. It further advises that it is examining these
questions as expeditiously as possible and wishes to be kept
informed of the proceedings of the present Contracting
Parties, including any arrangements for scheduling future
tariff negotiations.
The Italian Permanent Observer to the Economic
Commission for Europe in Geneva has written as follows:
"In accordance with the instructions which I have
received from my Government, I have the honour to inform
you that the Government of the Italian Republic is
prepared to accede to General Agreement on Tariffs and
Trade the Final Act of which was adopted at Geneva on
30 October 1947 and was amended by the Protocols signed
at Havana on 21 March 1948. It is ready to enter into
negotiations for this purpose with the Contracting Parties
to the said Agreement with a view to determining the
conditions governing such accession. GATT/CP.2/13
page 2
"The Italian Government states at the outset that the
accession in question should be regarded as being given
on behalf of the metropolitan territory and of any other
territories represented by it internationally.
"The Italian Government, while anxious to enter into
negotiations as soon as possible with a view to the said
accession, has the honour to point out that such neg-
otiations can take place only on the basis of the new
customs tariff, now in an advanced stage of preparation.
This tariff, moreover will have to take account of the
conclusion, considered imminent, of the Italo-French
Customs Union, and will thus have to be so drafted as to
be replaceable at a given moment by the tariff of the
Italo-French Customas Union, The Italian Government is
considering action to expedite the formulation of the
new tariff, but is unable at present for the reasons
stated above, to indicate when these negotiations can
be begun." |
GATT Library | ty528bk2239 | Future tariff negotiations | General Agreement on Tariffs and Trade, August 26, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 26/08/1948 | official documents | GATT/CP.2/13/Add.3 and GATT/CP.2/13/Add.2,3 CP.2/14-22, CP.2/22/Add.1,Corr.1 | https://exhibits.stanford.edu/gatt/catalog/ty528bk2239 | ty528bk2239_90320026.xml | GATT_145 | 256 | 1,737 | RESTRICTED
LIMITED B
GATT/CP.2/13/Add.3
26 August, 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
Contracting Parties
Second session
FUTURE TARIFF NEGOTIATIONS
The following additional replies have been received
to the telegrams sent by the Chairman. with regard to
future tariff negotiations:
Argentina
A cable of 21 August states that the opinion of the
Argentine Government is favourable to a policy of lower
tariffs which would permit an increase of international
exchange of goods. Notwithstanding this, the fact that
the General Agreement on Tariffs and Trade involves other
questions on which the Argentine Government has already
shown its disagreement at the Conference on Trade and
Employment in Havana, impedes the adherence of Argentine
to the General Agreement in spite of their desire to
give full assistance to any measure favouring international
commerce.
The Egyptian Government which has not yet adhered to
the Havana Charter, envisages adherence to the General
Agreement within two years following the putting into
force of the Havana Charter.
Haiti
Haiti advises that Monsieur Alfred Addor, the
Honorary Consul in Geneva, has been authorized to
indicate the date of 1 October, 1948 as that from which GATT/CP.2/13/Add.3
page 2.
the Haitian Government will be ready to undertake
negotiations with the Contracting Parties,
Iran
Iran advises that accession to the General Agreement
is unfortunately not practicable now, but that when the
Havana Charter has been approved by Parliament, it
will act according to Article 27,
Nicaragua
Nicaragua intends to adhere promptly to the
General Agreement and to undertake tariff negotiations
with the Contracting Parties. |
GATT Library | nt506ty6177 | Future tariff negotiations | General Agreement on Tariffs and Trade, August 20, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 20/08/1948 | official documents | GATT/CP.2/13/Add.1 and GATT/CP.2/1-13,CP.2/2/Corr.1, CP.2/3/Rev.1,2,2/Corr.1,CP.4/Corr.1 4/Add.1,2,2/Corr.1,CP.6/Rev.1, CP.13/Corr.1,13/Add.1 | https://exhibits.stanford.edu/gatt/catalog/nt506ty6177 | nt506ty6177_90320024.xml | GATT_145 | 145 | 1,034 | RESTRICTED
LIMITED B
GATT/CP.2/13/Add.1
20 August, 1948
ORIGINAL: English
GENERAL AGREEMENT ON TARIFFS AND TRADE
Contracting Parties
Second Session
FUTURE TARIFF NEGOTIATIONS
The following additional replies have been received
to the telegrams sent by the Chairman with regard to future
tariff negotiations:
Colombia
The Colombian Government is carefully studying adher-
ence to the General Agreement, and in this connection has
sent observers to the meeting of the Contracting Parties.
Dominican Republic
The Dominican Republic is interested in adhering to the
General Agreement in future, and is disposed to initiate the
necessary tentative, bilateral negotiations on tariffs with
the present Contracting Parties.
Iceland
Iceland is studying the question but is not able to
send an observer.
Poland
The Polish Government does not envisage acceding to
the General Agreement before taking a decision concerning
the Havana Charter.
Uruguay
The Uruguayan Government is ready to negotiate tariff
agreements. |
GATT Library | wd179ch1161 | Future Tariff Negotiations : (Item 9 of the Provisional Agenda) | General Agreement on Tariffs and Trade, July 15, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 15/07/1948 | official documents | GATT/CP.2/7 and GATT/CP.2/1-13,CP.2/2/Corr.1, CP.2/3/Rev.1,2,2/Corr.1,CP.4/Corr.1 4/Add.1,2,2/Corr.1,CP.6/Rev.1, CP.13/Corr.1,13/Add.1 | https://exhibits.stanford.edu/gatt/catalog/wd179ch1161 | wd179ch1161_90320016.xml | GATT_145 | 60 | 404 | RESTRICTED
GATT/CP. 2/7
15 July 1948
GENERAL AGREEMENT ON TARIFFS AND TRADE
CONTRACTING PARTIES
Second session
Future Tariff Negotations
(Item 9 of the Provisional Agenda)
Pursuant to paragraph 4 of document GATT/1/57 (Decisions taken at
the First Session) of 22 March 1948., the Goverment of the Union of South
Africa has proposed new tariff negotiations with Sweden, Denmark and
Switzerland. |
GATT Library | yh340zc2686 | Future Work Program Discussed Including ITO Site Recommendations | United Nations Office at Geneva Information Centre, September 3, 1948 | I.C.I.T.O. : Executive Committee and United Nations Office at Geneva Information Centre | 03/09/1948 | press releases | Press Release No.556 and PRESS RELEASE NO.420-628 | https://exhibits.stanford.edu/gatt/catalog/yh340zc2686 | yh340zc2686_90260251.xml | GATT_145 | 312 | 2,036 | UNITED NATIONS OFFICE AT GENEVA Press Release No. 556
Information Centre 3 September 1948.
I.C.I.T.O. : EXECUTIVE COMMITTEE
Second Session
FUTURE WORK PROGRAM DISCUSSED
INCLUDING ITO SITE RECOMMENDATIONS.
The ICITO Executive Committee this morning discussed their
future tasks, and in particular the work to be completed by the
Secretariat before the next meeting of the Executive Committee.
This, the Chairman, Dana Wilgress, said, might not be for eight to
twelve months.
The Committee agreed to the following items:
First, that the Executive Secretary should prepare for the next
session of the Executive Committee an analysis of the powers and
duties to be assigned to the Executive Board of ITO in accordance
with the terms of the Havana Charter.
Secondly, suggestions to be prepared as to the procedural
arrangemets for tariff negotiations as envisaged under the Havana
Charter.
Thirdly, suggestions to be prepared as to certain working
arrangements between ITO and the Fund
Fourthly, recommendations as to statistical work to be under-
taken by ITO.
Fifthly, suggested rules of procedure for the Conference and
Executive Board of ITO.
* *
On the subject of recommendations as to site for ITO, the
Executive Committee agreed by a vote of 9 to 3 to ask the Secretariat
to confine its work to presenting data concerning New York and
Geneva only; it being understood that any delegate would be free to
submit data and to make proposals concerning other cities at the
next session.
During the discussions regarding the site the delegate of
Canada suggested that the Secretariat should include New York,
Geneva, Princeton and Philadelphia in its survey; the delegate for
Norway asked that Washington should be included; the delegate of
Australia, emphasizing hard currency problems, suggested Paris,
London and Brussels. The delegate of Italy added Rome. The dele-
gate of the U.S. said he would like New York to cover "New York
and environs". |
GATT Library | wh203nn5860 | General Agreement on Tariffs and Trade : Note for the Executive Secretary | Interim Commission for the International Trade Organization, May 28, 1948 | Interim Commission for the International Trade Organization (ICITO/GATT) | 28/05/1948 | official documents | ICITO/1/5, ICITO/INF/1-8, and ICITO/1/1-16 | https://exhibits.stanford.edu/gatt/catalog/wh203nn5860 | wh203nn5860_90180015.xml | GATT_145 | 158 | 1,117 | INTERIM COMMISSION COMMISSION INTERIMAIRE DE UNRESTRICTED
FOR THE INTERNATIONAL L'ORGANISATION INTERNATIONALE ICITO/1/5
TRADE ORGANIZATION DU COMMERCE 28 May 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
Note for the Executive Secretary
Paragraph 2 (a) of Article XXIX of the General Agreement provides
that Article Iand Part II of the Agreement are to be suspended and
superseded by the corresponding provisions of the Havana Charter on the
day on which the Charter enters into force. Contracting Parties, were,
however, allowed sixty days from the close of the United Nations
Conference on Trade and Employment to lodge objections to any provision
of the Agreement being so suspended and superseded.
The sixty days referred to having expired and no objections having
been lodged, members of the Interim Commission are hereby advised that
on entry into force of the Havana Charter, Article I and Part II of the
Agreement will be suspended and superseded by the corresponding provisions
of the Charter. |
GATT Library | vp725jh2065 | General Agreement on Tariffs and Trade Second Session of the Contracting Parties : Invitations to members of the interim Comission for the International Trade Organization | Interim Commission for the International Trade Organization, June 17, 1948 | Interim Commission for the International Trade Organization (ICITO/GATT) | 17/06/1948 | official documents | ICITO/1/6, ICITO/INF/1-8, and ICITO/1/1-16 | https://exhibits.stanford.edu/gatt/catalog/vp725jh2065 | vp725jh2065_90180016.xml | GATT_145 | 316 | 2,119 | RESTRICTED ICITO/1/6
INTERIM COMMISSION COMMISSION INTERIMAIRE DE 17 June 1948
FOR THE INTERNATIONAL L'ORGANISATION INTERNATIONALE ORGINAL: ENGLISH
TRADE ORGANIZATION DU COMMERCE
GENERAL AGREEMENT ON TARIFFS AND TRADE
SECOND SESSION OF THE CONTRACTING PARTIES
Invitations to members of the interim Comission for the
International Trade Organization
The second session of the Contracting Parties to the General Agreement
on Tariffs and Trade will be held at Geneva, Switzerland, commencing on
16 August 1948.
The countries represented at the Havana Conference which had not
participated in the tariff negotiations in Geneva were invited to send
observers to the meetings of the first session held in Havana in March.
The Chairman of the Contracting Parties, Mr. L. D. Wilgress, has directed
that this invitation be renewed in respect of the meetings of the second
session.
The agenda for the second session is not yet complete but it is
expected that it will include at least the folowing four items:
(a) Replacement of General Agreement provisions (other than
Articles XIV and XXIV) by the corresponding Charter provisions, in
advance of the entry into force of the Charter:
(i) Replacement of all Part II provisions, or
(ii) Replacement of particular Part II provisions,
(b) Other amendments to the General Agreement:
(i) The second sentence of paragraph 3, and pargraph 6 of
Article XXIX (see proposal in document GATT/1/21).
(ii) Other proposed amendments notified to the Chairman of the
Contracting Parties not later than thirty days prior to
the second session.
(c) Development of procedure for carrying out consultation between,
and action by, the Contracting Parties during the period between
sessions of the Contracting Parties.
(d) Scheduling of future tariff negotiations.
The full provisional agenda will be distributed three weeks prior to
the date of the meeting. It will be appreciated if members of the Interim
Commission, to whom this invitation is addressed, will Indicate whether
they intend to be represented by observers. |
GATT Library | vp253jb2808 | General Committee agenda for Ninth Meeting : To be held on Friday, 23 January 1948, at 6.00 p.m | United Nations Conference on Trade and Employment, January 21, 1948 | 21/01/1948 | official documents | E/CONF.2/BUR/28, 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/vp253jb2808 | vp253jb2808_90180194.xml | GATT_145 | 97 | 628 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
E/CONF.2/BUR/28
21 January 1948
ENGLISH - FRENCH
ORIGINAL; ENGLISH
GENERAL COMMITTEE
AGENDA FOR NINTH MEETING
To be Held on Friday, 23 January 1948, at 6.00 p.m.*
Further consideration of the progress of the Conference.
* Instead of Saturday morning as scheduled in E/CONF.2/INF.116
BUREAU
ORDRE DU JOUR DE LA NEJVIEME SEANCE
qui se tiendra lF vendredi 23 janvier 1948, à 18 heures
Suite de l'examen de l'état d'avancement des travaux de la
Au lieu de samedi matin, comme prévu dans E/CONF.2/INF. 116 |
|
GATT Library | jw968sh2997 | General Committee agenda for Seventh Meeting : To be held on Friday, 9 January 1948, at 5.45 p.m | United Nations Conference on Trade and Employment, January 7, 1948 | 07/01/1948 | official documents | E/CONF.2/BUR/22, 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/jw968sh2997 | jw968sh2997_90180188.xml | GATT_145 | 118 | 797 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
E/CONF.2/BUR/22
7 January 1948
ENGLISH -FRENCH
ORIGINAL:ENGLISH
GENERAL COMMITTEE
AGENDA FOR SEVENTH MEETING
To be Held on Friday, 9 January 1948, at 5.45 p.m.
1. Scheduling of meetings, paper of the Delegation of El Salvador
(document E/CONF. 2/BUR/20).
2. The Final Act of the Conference. Note by the Executive
Secretary (E/CONF. 2/BUR/21).
3. Any Other Business.
BUREAU
ORDRE DU JOUR DE LA SEPTIEME SEANCE
qui se tiendra le vendredi 9 janvier 1948,à 17 h. 45
1. Programme des sTances, note présentée par la délégation du Salvador
(document E/CONF.2/BUR/20).
2. Acts final de la Conference. Note du SecrTtaire de la Conférence
(E/CONF.2/BUR/21).
3. Divers. |
|
GATT Library | rm810yk5271 | General Committee agenda for the Eighth Meeting : To be held on Friday, 17 January 1948 at 3.00 p.m | United Nations Conference on Trade and Employment, January 15, 1948 | 15/01/1948 | official documents | E/CONF.2/BUR/26, 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/rm810yk5271 | rm810yk5271_90180192.xml | GATT_145 | 138 | 944 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
RESTRICTED
E/CONF.2/BUR/26
15 January 1948
ENGLISH- FRENCH
ORIGlNAL: ENGLISH
GENERAL COMMITTEE
AGENDA FOR THE EIGHTH MEETING
To be Held on Friday, 17 January 1948 at 3.00 p.m.
1. Report from Committee Chairman concerning Principal Unresolved Issues.
Note by the Executive Secretary (E/CONF.2/BUR/25).
2. Review of the Progress of the Conference, Note by the Executive
Secretary (E/CONF. 2//BUR/.23).
B UR E A U
ORDRE DU JOUR DE LA HUTTIEME SEANCE
qui se tiendra le vendredi 16 janvier, a 15 heures.
1. Rapports dTs PrTsidents de Commissions concernant les principales
questions 'qui n'ont pas encore rTglTss Note du SecrTtaire de
la ConfTrence (document E/CONF.2/BUR/25)
2. Etat d'avancement des travaux de la ConfTrence. Note duSecrTtaire
de la ConfTrence, (docment E/CONF.2/BUR/23).
43
>
:
.
'i
. |
|
GATT Library | gv836jf2151 | General Committee report from Committee Chairmen concerning principal unresolved issues : Note by the Executive Secretary | United Nations Conference on Trade and Employment, January 13, 1948 | 13/01/1948 | official documents | E/CONF.2/BUR/25, 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/gv836jf2151 | gv836jf2151_90180191.xml | GATT_145 | 3,141 | 20,042 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
RESTRICTED
E/CONF. 2/BUR/25
13 January 1948
ORIGINAL: ENGLISH
GENERAL COMMITTEE
REPORT FROM COMMITTEE CHAIRMEN CONCERNING
PRINCIPAL UNRESOLVED ISSUES
Note by the Executive Secretary
With reference to document E/CONF.2/25 of .3 January, there are attached
hereto reports from the Chairmen of the six committees, concerning issues
outstanding in the work of the Conference as of 12 January.
The list of the principal unresolved issues as given by the Chairmen,
is as follows:
1. Prior approval for release from non-negotiated commitments
for the purposes of economic development (paragraph 3 of Report of
Committee II and paragraph 6 of Report of Committee III).
2. Prior approval for the introduction of new preferential
arrangements (paragraph 4 of Report of Committee II and paragraph 1 (a)
of Report of Committee III).
3. The composition of the Executive Board of the International
Trade Organization (paragraph 4 (a) of Report of Committee VI).
4. The establishment of an Economic Development Committee
(paragraph 1 of the Report of Committee II and Paragraph 4 (b) of
the Report of Committee VI).
5. The composition of the Tariff Committee and its role in the
Organization (paragraph 2 of the Report of Committee III and
paragraph 4 (c) of the Report of Committee VI).
6. The extent to which recourse to the International Court of
Justice from decisions of the International Trade Organization
should be permitted (paragraph 4 (d) of the Report of Committee VI).
7. Relations with Non-Members (paragraph 4 (e) of the Report
of Committee VI).
Without prejudice to the normal continuation of the work of the
Conference in the sub-committees which have been established, it is suggested
that the General Committee may wish to consider the possibility of appointing
a small Group of representatives who would, in their personal capacity and
acting as conciliators, consult with the parties mainly interested in each
/principal issue E/CONF. 2/BUR/25
Page 2
principal issue in an endeavour to find a compromise formula that would be
generally acceptable. Should this procedure commend itself to the Committee,
the President could appoint this informal committee, which would carry on its
activities parallel to the regular work of the Conference. The members
of such a group ould be appointed on the basis of their personal competence
in matters pertaining to the Charter and they would be expected to carry out
their functions with the utmost objectivity.
The General Committee will, doubtless, wish to consider not only how
these principal issues are to be resolved but also what steps might be taken
to expedite the completion of work on other issues mentioned in the reports
of committee Chairmen which might otherwise delay the conclusion of the
Conference even though individually these issues may not be of the same
order of importance. In this connection, the General Committee will have
noted the information contained in document E/CONF.2/BUR/23 concerning the
termination of the work of the Conference.
/FIRST COMMITTEE E/CONF.2/BUR/25
Page 3
FIRST COMMITTEE
The First Committee has completed the first and second readings of
Chapter II and has approved a text for that Chapter wich is now being
examined by the Central Drafting Committee.
All amendments relating to the Chapter have been dealt with either in the
text or in the related Resolution on employment, with the possible exception
of amendments proposed by the delegation of Norway concerning price
stabilization and the prevention of inflationary developments. The
Committee has recognized the right of the delegation of Norway to raise
these questions again if it deems such a course necessary after related
articles have been examined by the appropriate Committees.
/SECOND COMMITTEE E/CONF. 2/BUR/25
Page 4
SECOND COMMITTEE
1. The Joint Sub-Committee of Committees II and VI held its fourteenth
meeting on 12 January. As at that date provisional decisions had been taken
on a large number of amendments and proposals relating to Articles 9, 10
and 11 of Chapter III referred to it and no major issues remained to be dealt
with as regards these amendments. However, the Mexican proposal for the
establishment of an Economic Development Committee, which the Joint Sub-
Committee was instructed to examine in the light of conclusions reached
regarding the positive functions of the Organization, had not yet been
discussed and no agreement had therefore been reached on this issue. It is
anticipated that consideration will be given to the Mexican proposal during
the week commencing Monday, 12 January. When this issue was discussed at
the fifth meeting of Committee VI there was some disagreement as to whether
an Economic Development Committee as proposed by the Mexican delegation would
be the best form of machinery to enable the Organization to carry out its
positive functions. There was also some discussion as to the possibilities
of overlapping with other international organizations. It is anticipated
however that agreement can be reached on this issue.
2. Sub-Committee B of Committee II had held four meetings as of 12 January.
At the fourth meeting a substantial redraft of the first and second paragraphs
of Article 12 was unanimously accepted as the basis of discussion without
prejudice to returning to the Geneva Draft in case agreement cannot be reached
on the basis of the redraft. However, it is considered that on the basis of
the redraft agreement on the Article can be reached in the sub-committee within
a reasonable time.
3. Sub-Committee C of Committee II dealing with Articles 13 and 14, held
its fourth meeting on 12 January 1948. The Sub-Committee had at that date
discussed only release from obligations assumed through negotiations
pursuant to Chapter IV and no agreement had been reached. The previous
division of opinion was principally as to whether or not there should be prior
approval by the Organization before measures in conflict with obligations
Incurred through Chapter IV could be adopted in accordance with Article 13.
There would appear to be stronger support for prior approval in the case of
release from obligations assumed through negotiations than in the case of
release from other obligations incurred pursuant to Chapter IV. At the
fourth meeting of the Sub-Committee it was decided to set up a working party
to examine the issues with regard to negotiated commitments and in particular
proposals of the Brazilian delegation to make the procedure more confidential
and more expeditious. It is possible that by the isolation of the different
/problems involved E/CONF.2/BUR/25
Page 5
problems involved an atmosphere of better understanding may develop and it
may be possible to reach agreement in Sub-Committee with regard to negotiated
commitments. It is not possible to say whether there is a prospect of
agreement in the Sub-Committee as regards non-negotiated commitments or
whether the issue will have to be settled in Committee Il.
4. As of 12 January the joint Sub-Committee of Committees II and III had
devoted ten meetings to the discussion of proposals regarding new
arrangements for preferential tariffs. A Working Party had just been
appointed to examine the proposals in detail and to attempt to reach agreement
on all issues. Numerous minor questions will undoubtedly be settled by the
working party or in sub-Committee but the major problem of the right to
introduce new preferential arrangements, without the prior approval of
the Organization, may have to be referred to Committees II and III.
/THIRD COMMITTEE E/CONF.2/BUR/25
Page 6
THIRD COMMITTEE
1. Article 16
(a) Tariff Preferences
The Joint Sub-Committee of Committees II and III has devoted ten meetings
to a discussion of the proposals for new preferential arrangements under
Article 16 and the amendments to Articles 15 and 42. A Working Party has
been appointed to examine the proposals in detail and to attempt to reach
agreement on all the issues. Numerous minor questions will, undoubtedly be
settled by the Working Party or in Sub-Committee; but the major problem of the
right to introduce new preferential arrangements, without the prior approval
of the Organization, may have to be referred to Committees II and III.
Preferential Quantitative Arrangements
The proposals concerning the contractual agreements between the
United Kingdom and the Governments of Canada, Australia and New Zealand in :
respect of meat, which are mentioned in Annex A, have been referred by
Sub-Committee A to a Working Party and there is reason to expect that
agreement will be. reached
2. Article 17
Sub.Committee A has completed its examination of the proposals on
Article 17 and a Working Party is formulating a redraft of the Article
only question that can be described as a major issue is at body shall be
competent to determine whether a Member has failed to fulfil its obligation
to enter into and carry out negotiations directed to the substantial reduction
of tariffs and other charges and to the elimination of preferences; and, if
it is agreed that the Tariff Committee shall be the competent body, whether
the right of appeal against Tariff Committee decisions shall be specifically
provided, e.g., to the Executive Board and/or Conference or to a specially
constituted body. Sub-Committee A contemplates consultation with the
Sub-Committee of Committee VI on Article 81 (the latter has suspended meetings
pending availability of Sub-Committee A's report on Article 17), and there
seems to be a fair prospect that the differences of opinion will be resolved.
3.Article 18
Sub-Committee A has just begun its examination of the proposals on
Article 18, and it would be premature to forecast what the major issues are
Numerous problems have arisen or may arise in connection with differential
internal taxation and regulation for protective purposes, including:
(a) the definition of differential internal taxes;
(b) whether discriminatory internal taxes should be eliminated
outrigit or made subject to elimination by negotiation in accordance
/with the procedure E/CONF.2/BUR/25
Page 7
with the procedure laid down in Article 17;
(c) whether new or increased internal taxes for the purpose of
providing protection to directly competitive or substitutable products
should be precluded;
(d) whether certain discriminatory taxes imposed by local authorities
for revenue purposes may be maintained, either under Article 17 or
Article 99;
(e) the proposal that Article 18 shall not preclude domestic price
stabilization arrangements involving the imposition of charges on
imported products; and
(f) whether the limitations on the use of mixing and processing
regulations should be rotained.
It is considered probable that at least most of tlhe differences of
opinion can be resolved in the Sub-Committee.
4. Article 18 A
The Norwegian proposal for a. new Article to prevent discrimination in
the shipment, insurance, etc. of imports and exports has been referred to
a special Sub-Committee. Opinion within this Sub-Committee is so far evenly
divided and attempts to revise the proposed Article in a form that would
be more generally acceptable await the conclusion of .the work of Committee IV.
5. Article 19
Proposals relating to this Article have not yet been discussed in the
Sub-Committee.
6. Articles 20 and 22
Sub-Committee E has examined the proposals on Article 20. The most
far-reaching proposal, that the 'whole Article should be deleted, did not
receive sufficient support to warrant serious consideration. The proposals
to permit the free use of quantitative restrictions, without prior approval,
for purposes of economic development are still under consideration, but this
is a problem which concerns Committee II as well as Committee III. It seem
unlikely that there will be any issues arising out of Articles 20 and 22 and
falling clearly under the jurisdiction of Committee III that cannot be
resolved in Sub-Committee.
7. Articles 21, 23 and 24
These three Articles have been referred to Sub-Committee F. A proposal
for an extensive revision of these Articles has been submitted to the Sub-
Committee and there will no doubt be lengthy discussions on several important
points particularly on Articles. 23 and 24. Article 23 has so. far not been
discussed by the Sub-Committee. Some countries fear that under the present
provisions they will be compelled to abandon at an early date certain
discrininatory practices which they believe may be essential to their economy
over a much longer period; and there is not universal agreement on how far
/the terms and E/CONF.2/BUR/25
Page 8
the terms and conditions of bilateral agreements should be limited after
the transition period. Although the problems are of great complexity and
difficulty, there is at present no reason to think that the various
are irreconcilable. The main issue in Article 24, apart from the proposal
by Argentina to delete the Article, is the division of responsibility between
the Organization and the Monetary Fund. The main differences of opinion
(particularly on Article 24) arise between countries which were Members of
the Preparatory Committee and it is not too optimistic to hope that agreement
can be reached before the Sub-Committee is required to conclude its work.
8. Articles 25 to 29
The Section on Subsidies has been referred to Sub-Committee H. Export
subsidies on primary comodities present problems which will not be easy to
resolve; but there is hope that agreement will be reached in the Sub-Committee.
9. Articles 30 and 31
Sub-Committee J on state trading should not require more than three or
four meetings, and there does not appear to be any issue of major importance
arising from the proposals on these two Articles.
10. Articles 32 to 39
Sub-Committee C has held thirteen meetings but has not thus far
ecountered. any problem which is unlikely to be resolved. It is possible
that the Articles on Anti-Dumping Duties, Valuation and Marks of Origin
cannot be amended in such a way as to suit every delegation, and yet those
differences of opinion could not be described, as major points of disagreement.
11. Articles 40,41 and 43
Sub-Committee D has held four meetings and so far there does not seem to
be any problem incapable of solution. Two or three more meetings may be
necessary to reach agreement on all outstanding points.
12. The Swiss Proposal
Finally, Committee III has considered the proposal of the Swiss delegation
for an important exception to the provisions of Chapter IV. This has been
referred to a special Sub-Committee and it is too early to predict whether
or not agreement will be reached on this issue.
Conclusion
In summing up this report, it can be said that when all Sub-Committees
have completed their work, there may not be more than two major unresolved
issues arising from the proposals on Chapter IV. One could be the question of
prior approval for new preferential arrangements, and another could be the
question of prior approval for the use of quantitative restrictions for purposes
of economic development. Both of these, however, are closely related to
the work of Committee II.
/FOURTH COMMITTEE E/CONF . 2/BUR/25
Page 9
FOURTH COMMITTEE
The Sub-Committee of Committee IV has dealt with all amendments related
to Chapter V, and submitted its report.to that Committee on 10 January 1948.
In three meetings held since then the Committee has read and approved
the new text of Chapter V, except the last two Articles, i.e. Articles 50
and. 51, which will be considered at its next meeting on 14 January.
The following delegations have reserved the position of their
Governments:
Norway, France and Sweden in regard to Article 50, pending
the final decision on Article 18-A, proposed by the delegation of
Norway in another Committee.
India. Ceylon, Pakistan and Venezuela on Chapter V, and
particularly on Article 50, pending the final disposal of.
Article 18-A.
Argentina in respect of Article 50, and in regard to the
inclusion of, "public commercial enterprises" within the scope of
Chapter V.
The first paragraph of Article 50 has been amended, and Article 51
has been completely redrafted (see document E/CONF.2/C.4/5). E/CONF.2/BUR/25
Page 10
FIFTH COMMITTEE
The Fifth Committee has been able to reach a, decision on all amendments
proposed to Chapter VI. However, one question remains to be considered by
. the Committee and formal reservations on three decisions of the Committee
may be raised in Plenary Session.
1. The Committee has yet to consider the recommendation. of the
Joint Sub-Committee of Committes V and VI concerning the text
and location in the Charter of an exception on national security
in relation to inter-governmental commodity agreements. The
principle that there should be such an exception has been accepted
by the Committee.
2. The following formal reservations lave been., recorded against
the revised text of Chapter VI as so far agreed by the Committee:
(a) Article 54 (c) - reservation recorded by the delegations
or Cuba and Chile;
(b) Article 60 (a) - reservation recorded by the delegations
of Cuba and Chile.
Note: The delegation or Cuba has circulated a statement
related to its reservation on Articles.54 (c) and
60 (a) - document E/CONF.2/C.5/13
(c) New Article proposed by Colombia - reservation recorded
by the delegations of Colombia, 31 Salvador and Guatemala against
decision to reject.
/SIXTH COMMITTEE E/CONF.2/BUR/25
Page 11
SIXTH COMMITTE
1. The Sixth Committee was directed to examine Chapters 1, VII, VIII and
IX of the Draft Charter.
2. The Committee concluded its first reading on 5 January 1948, and agreed
or came near to agreement upon the text of twenty out of a total of thirty-
three articles. Certain amendments were reserved for consideration at
second reading.
3. During its first reading the Committee sot up twelve sub-committees.
Four of these sub-committees finished their work in time to have their reports
accepted during the first reading. The other eight sub-committees are still
functioning. One of those was constituted as a Joint Sub-Committee of the
Second and Sixth Committees, another for a limited purpose, as a Joint
Sub-Committee of the Fifth and Sixth Committees.
4, The principal unresolved issues in these sub-committees are as follows
(a) the composition of the Executive Board. The sub-committee
dealing with this problem will submit its report in about a week's
time. It is still too early to say whether or not the difficulties
encountered will be overcome.
(b) the establishment of an Economic Development Committee as proposed
by the delegation of Mexico. This proposal will be discussed by the
Joint Sub-Committee of the Second and Sixth Committees within a few
days.
(c) the composition of the Tariff Committee and its role in the
Organization, that is, whether or not it is to be subordinate to the
Conference. The sub-committee concerned with these questions has
suspended its work pcnding completion of the preparation of Article 17.
(d) the extent to which recourse to the International Court of Justice
from decisions of the Organization should be permitted. This issue
has not yet been brought out in discussion but seems certain to emerge
within the next week.
(c) relations with non-Members. The sub-committee considering this
problem has only just begun its work.
5. It must be emphasized that the issues reported above are only those
of principal importance which are confronting the Sixth Committee at the
present time. |
|
GATT Library | ww738jz4023 | General Committee Review of the progress of the Conference : Note by the Executive Secretary | United Nations Conference on Trade and Employment, January 10, 1948 | 10/01/1948 | official documents | E/CONF.2/BUR/23, 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/ww738jz4023 | ww738jz4023_90180189.xml | GATT_145 | 281 | 1,914 | RESTRICTED
United Nations Nations Unies E/CONF.2/BUR/23
CONFERENCE CONFERENCE 10 January 1948
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
GENERAL COMMITTEE
REVIEW OF THE PROGRESS OF THE CONFERENCE
Note by the Executive Secretary
The purpose of this note is to assist the General Committee in the
contemplated review of the progress of the Conference based upon the interim
reports of the chairmen of committees.
The existing budget for the Conference will enable it to continue until
14 February but not beyond that date. A decision muste b made, therefore,
either (a) that 14 February be accepted as a definitive date, or (b) that
an application for additional funds be made. In the latter event, it would
be necessary for the Secretary-General of the United Nations to seek the
concurrence of the Advisory Committee on Budgetary and Administrative Questions
to an advance from the Working Capital Fund. This procedure would take time
and if it is to be resorted to, a decision should be made at once.
If itsS ecided that 14 February should be taken as a def ianitiveadt,
it will be necessary for the GemneralCcmittee to make proposals which will
enable the Conference to complete its business by that date. It is estimated
that provided that a number of sub-committee reports can be tabled for
discussion in committee during January, it should suffice to set aside two
weeks for final committee and plenary discussion. This means that all
sub-committee work (including the drafting of ) reportswould have to be
completed by 31 January. Sub-Committees could, therefore, not on the
average count for this purpose upon more than three to four meetings
following the contemplated review of progress. |
|
GATT Library | mk851xq3924 | General Committee the final act : Note by the United Kingdom Delegation | United Nations Conference on Trade and Employment, January 13, 1948 | 13/01/1948 | official documents | E/CONF.2/BUR/24, 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/mk851xq3924 | mk851xq3924_90180190.xml | GATT_145 | 441 | 2,965 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
RESTRICTED
E/CONF.2/BUR /24
13 January 1948
ORIGINAL: ENGLISH
GENERAL COMMITTEE
THE FINAL ACT
NOTE BY THE UNITED KINGDOM DELEGATION
As agreed at the meeting of the General Committee on 9 January the
United Kingdom Delegation submit the following revised text for the
Final Act, together with certain explanatory notes regarding the more
important changes from the version contained in E/CONF.2/BUR/21.
FINAL ACT OF THE UNITED NATIONS CONFERNCE
ON TRADE AND EMPLOYMENT
The Economic and Social Council of the United Nations,
by a Resolution dated the 18th February, 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 [convened] met at Havana
on the 21st November, l947, and [concluded] ended on
the............. .., 1948, drew up a "Charter of the
International Trade Organization" to be submitted to the
Governments represented. The text [s] of the Charter in
the English and French languages [are] is annexed hereto
and [are] hereby authenticated.
There [is] are also annexed to this Final Act an
[arrangement] agreement for the establishment of an Interim
Commission of the International Trade Organization [signed by
the parties thereto] and the resolutions of the Conference.
IN WITNESS WHEREOF, the [undersigned] duly authorized
representatives [signed this Final Act] of their Governments
have subscribed their names below.
DONE at Havana, this .................... day of
................ ....... ., 1948, in a single copy in the
................................................................
languages [each text being equally authentic].
/This Final Act E/CONF.2 /BUR /24
Page 2
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 signatories [of this Final Act].
NOTES:
(1) The words "to be submitted to the Governments represented"
inserted in the second paragraph are in general accordance
with the discussion on 9 January, no reference being made to
acceptance by Governments.
(2) In the third paragraph it would appear appropriate to refer to
an agreement "for the establishment of en Interim Commission"
since this would presumably be a definitive document not subject
to ratification or any other process of confirmation, especially
as it may be desirable for the Interim Commission to meet to elect
a Committee and appoint its staff immediately at the close of the
present Conference.
(3) Since the Final Act does not import legal obligations it is not
necessary to provide for authenticity of its texts.
(4) It is thought that the other amendments are self-explanatory,
some of them being merely verbal.
.~~~
,,: |
|
GATT Library | zn292mq7403 | Group de Travail no 1 charge de l'examen des dépanses | Accord General sur les Tarifs Douaniers et la Commerce, August 17, 1948 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 17/08/1948 | official documents | Gatt/CP.2/WP.1/1 and GATT/CP.2/WP.1/1 WP.1/2 | https://exhibits.stanford.edu/gatt/catalog/zn292mq7403 | zn292mq7403_91870470.xml | GATT_145 | 107 | 807 | RESTRICTED
Gatt/CP. 2/WP.1/1
17 août 1948
FRENCH
ORIGINAL: ENGLISH
ACCORD GENERAL SUR LES TARIFS DOUNAIERS ET LA COMMERCE
Parties contractantes
Deuxième session
Group de Travail no 1 charge de l'examen des dépanses.
Composition.
Le Président et le Vice-Président;
Les représentants des pays suivants:
Australie,
Ceylan,
Etats-Unis,
Royaume-Uni,
Syrie.
Mandat
Pédiger des recommandations:
a) Sur le mode de financement des services du Secrétariat
qui travaillront pour les Parties contractantes;
b) Sur la répartition do ces dépanses entre les Parties
contractantes au cas ot l'on recommander. it de lour
faire rembourser individuellement la Commission inté-
rimaire de l'Organisation internationale du Commerce à
intervalles réguilers, par exemple à chaque session. |
GATT Library | kj327kt1823 | Groupe de travail 5 chargé de l'application de l'Article XVIII | Accord General sur les Tarifs Douaniers et le Commerce, August 24, 1948 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 24/08/1948 | official documents | GATT/CP.2/WP.5/4 and GATT/CP.2/WP.5/1-6 WP.5/5/Add.1 | https://exhibits.stanford.edu/gatt/catalog/kj327kt1823 | kj327kt1823_91870498.xml | GATT_145 | 1,455 | 9,276 | RESTRICTED
GATT/CP.2/WP.5/4
24 August 1948
FRENCH
Original : ENGLISH
ACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCE
Parties contractantes
Deuxième session
Groupe de travail 5 chargé de l'applica-
tion de l'Article XVIII.
Lettre du Président de la délégation néerlandaise
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Le Président de la délégacion néerlandaise a adres-
sé la lettre suivante au Président de la réunion des
Parties contractantes.
"Le 23 août 1948
Me référant à la décision que vous avez prise au
cours de la séance de ce matin, au sujet des difficultés
qu'éprouve la délééation néerlandaise étant donné que la
législation existant dans les Indes nécrlandaises prévoit
des measures de protection pour le développement ou la re-
construction de certaines branches de agriculture et de
l'industrie, J'ai lhonneur de soumettre, pour précisions,
à l'examen du Groupe de travail 5, les observations
suivantes.
Conformément au protocole d'application provisoire
de l'Accord général sur les tarifs douaniers et le com-
merce, il n'est pas encore nécessaire de modifier la 16-
gislation existante. Par contre, il aurait été nécessaire,
aux termes de l 'Article XVIII, de fournir avant le 10
octobre 1947 une liste des mesures en vigueur qui sont main-.
tenues et de dormer des renseignements complete sur ces
measures dans un délai de 60 jours à compter de la date à
laquelle le pays est devenu partie contractante. Ce dernier
délai commengait & courir, pour les territoires d'outremer
des Pays-Bas, le 11 mars 1948.
Notre Gouvernement a éprouvé quelquo difficulté à
comprendre exactement In portée des expressions"législa-
tion existante" et "mesures en vigueur le ::eri septembre 1947.
En fait, les lois et réglementations en question existent
dans les Indes néerlandaises remontent toutes à la pério-
de d'avant-guerre et gardent leur validité, mais, à la
date du ler septembre 1947, elles étaiont suspbndues. Ces
réglementations prévoyaient certain contingents d'impor-
tation ou des licences spéciales pour l'importation de
curtains produits. Le but de ces réglementations a été
attoint en 1947 par le recours à des restrictions rela-
tives aux devises étrangères, telles quo celles qu'en-
visage l'Article XII de ltAccord général sur les tarifs GATT/CP. 2/WP, 5/4
Page 2
douaniers et le commerce. La suspension de la réglemen-
tation a été également motive par le fait que les con-
ditions anormales dana lesquelles s'est trouvée, après
la guerre, une grande partie du pays, ont rerdu d'une
application difficile, au point de vue administratif, les
mesures de protection susmentionnées.
Pour chacun les produits en case, le Conseil du
people des Indes néerlandaises a adopté une loi, qui a
été suivie, dans la plupart des cas, d'ordonances va-
lables pcur une année, fixant les quantités de ces pro-
duits pour une période d'un an ou revisant les régles
à suivre en ce qui concern les demandes de licences
d'importation.
Voici la list de ces lois et ordonnances:
1933 No 85, No 299, No 300- réglementation de l'impor-
tation du riz, des graines de soja, du soja et du
taotjo
1935. No 86 ciment - dernière ordonnance : 1940, No 469
1935 No 341- pc.les à frire en fer - dernière ordonnan-
ce : 1940, No 259
1936 No 497 - pneus d'automobile - dernière ordonnance :
1940, No 468
1936 No 542 - bière - dernière ordonnance . 1940, No 475
1934 No 678 - tissue de couleur (sarongs) - dernibre
ordonnance : 1940 No 229
1936 No 65 - certaines catégories de cotonnades qui
peuvent être tissées sur les métiers au moyen des-
quels on tisse les sarongs - dernière ordoneance :
1940 No 431.
Ces réglementations relatives aux importations
étaient destinées à stabiliser les prix du riz et des
graines de soja et étaient également prises en vue de
la creation ou du développement de branches particu-
liéres de l'industrie.
Ces mesures législatives ont été maintenues pour
les raisons suivantes
I. Dans Le cas du riz et des graines de soja, la me-
sure porte sur deux élements Importants de l'alimentation
de la population indonésienne. Dans Ies années qui ont
précédé la guerre, la production et la consommation de ces
deux produits s'équilibrient à peu prés, selon le ren-
dement des récoIotes qui variait avec les conditions
météorologiques, La consommation de ces denrées alimentaires
est extrêmement stable, mais les prix présetent do gran-
des fluctuastons lorsque l'offre n'est que légèrement
inférieure ou supérieure au niveau de la consommation, GATT/CP. 2/WP.5/4
Page 3
De plus, l'expérience a prouvé que le niveau des
salaires depend dens une grande measure des prix; il
en résulte que la stabilisation des prix constitue un
moyen reconnu de stabillser les conditions économiques
dans les villages.
Une autre raison réside dans le fait que la situa-
tion des différentes régions de l'Archipel varie dons
une grande mesure. Certaines disposent toujours d'un
excédent, tandis que d'autres accusent toujours un dé-
ficit. Certaines sont habituées au riz de Birmanie, d'au-
tres au riz du Siam ou de l'Indochine. L'imposition d'un
droit sur le riz, même sur labase d'une échelle mobile,
n'empêcherait pas des fluctuations de prix dépassant la
limite acceptable et porterait dens certaines régions
le coût de la vie au-dessus du niveau souhaitable. De
1933. à 1941, le système consistent à soumottre à des li-
cences les importations de riz, en tenant compte de la
situation du moment, a trbs bien fonctionné et il serait
extrêmement difficile, sans un tel système, de stabi-
llser les conditions économiques de l'Indonésie.
II. Java est I tune des régions les plus peuplées du
monde et il est extrêmement souhaitable de dévolopper
l'industrie sur cette île. Le Gouvernement a eu pour po-
litique d'atteindre ce but sons avoir recours à des tarifs
élevés et sans accorder de fortes subventions. Dens quel-
ques cas, cependant, des industries qui avaient besoin
de capitaux relativement important, n'ont pu être créées
qu'après la promesse du Gouvernement de les protéger
contre toute concurrence qui leur eût été fatale; c'est
pourquoi on a eu recourse A un système de contingentement
des importations. D'autre part, le Gouvernement a établi
une réglemenaiation des prix afin d'éviter que, par la mo-
nopolisation. ils n'atteignent un niveau exagéré Cette
réglementation visait particuliérement le ciment, la bière
et les pneus d'automobile. Les industries du pays qui fabri-
quent des poêles à frire en fer et certains tissus de coton
destinés au marcé local sont de peu d'importance ou d'im-
portance moyenne, et ne travaillent que pour la consomma-
tion du pays; pour la plupart, elles sont d'un type qui
ne convient qu'au march indonésien ou qui y: est. parti-
culièrement adapt6. Dans ce cas également, le Gouvernement
s'est abstenu de dresser une haute barrière de tarifs afin
de ne pas imposer des sacrifices aux consommateurs pour qul
des prix élevés sereaient prohibitifs.
Au cours des négociations qui ont eu lieu à Genève
en 1947, les pneus d'automobile ont été le seul des pro-
duits susmentionnés pour sequel l'obligation de consolider
les tarifs a été assumée; il semblerait, par consequent,
qu'aux termes du paragraphe 7 de l'Article XVIII de l'Accord
général sur les tariffs dousniers et le commerce, ce pro-
duit dût être exclu de l'application des dispositions de
l'Article XVIII, paragraphe 6. GATT/CP.2/WP.5/4
Page 4
Si les PARTIES CONTRACTANTES décidaient que la
mesure en question n'a pas été simplement maintenue
jusqu'à présent mais qu'elle doit étre considérée come
ayant été en vigueur le ler septembre 1947, la dél6ga-
tion ntaurait pas agi conformément à la disposition du
paragraphe 6 de l'Article XVIII, mais, étant donné les
conditions particulières et le manque de clarté du cas
en question, elle demanderait à être relevée de l'obli-
gation relative à la date-limite de notification, dans
l'esprit de 'lArticle 14 (1) a, dernibre parties de li
Charte de La Havane.
Par contre, si les PARTIES CONTRACTANTES décidaient
que des mesures exceptionnelles n'étaient pas en vigueur
le ler septembre 1947, application future de la légis-
lation exlistante aerait régie par l'Article 13 de la
Charte de La Havane.
En résumé, is délégation néerlandaise a l'honneur:
(1) de demander des éclaircissements sur le point de
savor si l'existence d'une loi réglementant les
importations de certain produits, équivaut à
"une measure en vigueur" même si cette loi est tem-
porairement suspendue ou n'est pas appliquée en
raison des difficultés d'après-guerre;
(2) en ces de réponse affirmative, de demander qu'on
la relève de l'obligation qu'elie evait de faire
connaître aux PARTIES CONTRACTANTES, avant le 10
octobre 1947, l'existence de ces mesures et de
fournir tous renseignements en ce qui concernait
ces measures dans un délai de 60 jours à compter
de l'application provisoire de l'Accord général
sur les tarifs douaniers et le commerce, délai
qui expirait le 10 mai 1948;
(3) de demander que les PARTIES CONTRACTANTES procè-
dent à un examen et prennent une decision en ce
qul concerne leur approbation des mesures sus-
mentionnées". |
GATT Library | rf994jg6763 | Groupe de travail No 4, sur la réserve de Ceylan | Accord General sur les Tarifs Douaniers et le Commerc, August 21, 1948 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 21/08/1948 | official documents | GATT/CP.2/WP.4/1 and GATT/CP.2/WP.4/1 | https://exhibits.stanford.edu/gatt/catalog/rf994jg6763 | rf994jg6763_91870487.xml | GATT_145 | 109 | 733 | RESTRICTED
Limited o.
GATT/CP . 2/WP .4/1
21 August 1948
FRENCH
ORIGINAL : ENGLISH
ACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCS
Parties contraotantes
Deuxième session
Groupe de travail No 4, sur la réserve de Ceylan
Membres.
Preisdent:
M. Z. Augenthaler (Tchéooslovaquie)
Australie
Balgique
Canada
Caylan
Chine
Etats-Unis
Norvèg`
Rayaume-Uni
Mandat
Examiner la réserve du Gouvernement de Caylan à sa
signature du Protooole d'upplioation provisoire, et étu-
diar les possibilstés de solution conforme soit aux ter-
mes de la réserve, soit aux dispositions de l'Article
XXIII, ou de l'Article XXV, ou de toute autre clause per-
tinente de l;Accord général sur les tarifs douaniers at
le commerce . |
GATT Library | kx116nm1497 | Groupe de travail no 5 chagé do l'article XVIII | Accord General sur les Tarifs Douaniers et le Commerce, August 23, 1948 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 23/08/1948 | official documents | GATT/CP.2/WP.5/1 and GATT/CP.2/WP.5/1-6 WP.5/5/Add.1 | https://exhibits.stanford.edu/gatt/catalog/kx116nm1497 | kx116nm1497_91870495.xml | GATT_145 | 78 | 570 | RESTRICTED
LIMITED C
GATT/CP.2/ 7P.r/1
23 August 1948
FRENCH
ORIGINAL : ENGLISH
ACCORD GENER.L SUR LES TARIFS DOUANIERS ET LE COMMERCE
Parties contractantes
Secondc session
Groupe de travail no 5 chagé do l'article XVIII
Membres
Présidont :
M. R.J. SHACKLE (Royaume-Uni)
Australic
Brésil
Cube.
Etats-Unis
Franco
Norvègo
Pays-Bas
Mandat
Etudier les listcs do produits visés par les
mesures non discriminatoires notifiéos au paragraphe 6
do 1'article XVIII du document GATT/CP.2/4/: dd.2, ot
présonter des rocommandations aux portios contractantes. |
GATT Library | zz718ds1827 | Groupe de travail no 6 chargé d'examiner la proposition des Etats-Unis relative à l'Allemagne occidentale. Déclaration du représentant das Etats-Unis | Accord General sur les Tarifs et le Commerce, September 2, 1948 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 02/09/1948 | official documents | GATT/CP.2/WP.6/2 and GATT/CP.2/WP.6/1-3 | https://exhibits.stanford.edu/gatt/catalog/zz718ds1827 | zz718ds1827_91870506.xml | GATT_145 | 284 | 1,919 | RESTRICTED
LIMITED C
GATT/CP.2/WP .6/2
2 September 1948
FRENCH
ORIGINAL : ENGLISH
ACCORD GENERAL SUR LES TARIFS ET LE COMMERCE
Parties Contractantes
Deuxième session
Groupe de travail no 6 chargé d'examiner la proposition
des Etats-Unis relative à l'Allemagne occidentale.
Déclaration du représentant das Etats-Unis.
Sans essayer d'analysar dans les details touts les
mosures actuollement on vigueur qui sont applicables au
commerce d'exportation et d'importation des régions de
l'Allemeagne occidentale occupiées à, présent par les stats-
Unis, il convient de donner les indications suivantes ba-
sées sur les renseignements fournis par le Directeur de
l'Agence mixte d'importation et d'exportation de la Bizone :
Premièrement : l'importation de marchandises en Al-
lemagne est effectuée per des particuliers sous licence de
l'Agenoe mixte d'importation et d'exportation. Les licen-
ces sont accordees à la condition que le total das importa-
tions du product en question ne dépasse pas un contingent
fixé pour la période dont il s'agit. Ces contingents sont
déterminés par un service des autorités allemandes loca-
les, sous reserve de l'approbation de l'Agance mixte. Ces
contingents sont bases sur des quantités globeles et ne
sont pas établis en tenant compte des importations en pro-
venance de certains pays particuliers. GATT/CP . 2/WP. 6/2
page 2
Deuxièmoment : l'exportation de marchandise d''Alle-
est offeotuée per des particuliers, en vertu d'une licence
de l'Agence mixte. Pour l'octroi ou le refus de ces licen-
oes, il est tenu compté du prix et de la nécessité d'éviter
l'exportation des biens de production.
Troisièmement: Aucune des mesures de contrôle ac-
tuelloment en vigueur n'est appliquée de manière à établir
à l'égard d'un pays quelconque une discrimination qui soit
contraire aux principes de l'Accord général sur ls terifs
douaniers et le commerce. |
GATT Library | nw923ty3131 | Groupe de travail No 6 chargé d'examiner la proposition des Etats-Unis relative à l'Allemagne occidentale. Projet de rapport aux parties contractantes | Accord General sur les Tarifs et le Commerce, September 2, 1948 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 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/nw923ty3131 | nw923ty3131_91870507.xml | GATT_145 | 2,334 | 15,023 | RESTRICTED
LIMITED C
GATT/CP. 2/WP.6/3
2 September 1948
FRENCH
ORIGINAL: ENGLISH
ACCORD GENERAL SUR LES TARIFS ET LE COMMERCE
Parties contractantes
Deuxième session
Groupe de travail No 6 chargé d'examiner la
proposition des Etats-Unis relative à
l'Allemagne occidentale
Projet de rapport aux parties contractantes
Le Groupe de travail a tenu trois seances sous la
présidence du Dr G. GUTIERREZ (Cuba). Tous ses membres,
à savoir les représentants de l'Australie, du Canada, de
la Chine, de Cuba, des Etats-Unis, de la France, des Pays-
Bas, du Pakistan et du Royaume-Uni, ont pris une part ac-
tive aux deliberations; en outre le représentant de la
Nouvelle-Zélande a tenu le Groupe informé du point de vue
de son gouvernement.
2. Le mandat' d Groupe de travail était le suivant:
(a) examiner, compte tenu de la note finale. de
l'Annexe I de I'Accord général sur les tarifs
et le commerce et des arrangements mis en avant
au cours des débats de la présente session, s'il
est opportun d'adopter la solution proposée par
les Etats-Unis;
(b) compte tenu de l'alinéa (a) ci-dessus, examiner
le projet d'accord soumis par les Etats-Unis et
présenter à ce sajet des recommendations aux Par-
ties contractantes. GATT/CP.2/WP. 6/3
Page 2
3. Le Groupe de travail à d'abord examin' la question de
savoir s'il était opportun d'adopter la solution propose
par le représentant des Etats-Unis, en se fondant, pour cet
examen, sur les discussions qui ont eu lieu lors des lOèm et
12ème réunions des Parties contractantes tenues les 23 et 25
août.
4. Le représentant de l'Australie a déclaré que selon lui,
puisqua'il est généralement admis que l'accord propose sera
tout à fait distinct de l'Accord général et que le règlement
de totes les difficultés qui pourraient surgir entre les si-
gnataires devrait intervenir entre ces signataires, la ques-
tion est en dehors de la compétence et de l'autorité des
PARTIES CONTRACTANTES. Compte tenu de ces considerations et
de certaines autres dont il a fait état, le délégué. de l'Aus-
tralie a jugé inopportun et déplacé que la réunion des Parties
contractarites formule des recommendations concernant la forme
de l'accord proposé..Le représentant de la Nouvelle-Zélande a
déclaré que son Gouavernernent avait adopted un point de vue ana-
logue; selon lui, l'accord propose par les Etats-Unis devrait
fare l'objet de négociations bilatérales avec les gouverne-
ments intéressés plutôt que d 'tre examine lors des reunions
des Parties contractantes.
5. Tous les autres membres du Groupe de travail ont appayé
la proposition du représentant des Etats-Unis, qui vise à éta-
blir un accord multilateral, accord qui porterait exclusivement
sur l' application du traitement de la nation la plus favorisée
à l'Allemagne occidentale. Ils désiraraient aller de l'avant
et établir un projet de texte de facon qu'il puisse être signé
par telles Parties contractantes disposées à y adhérer. Tout an
approuvant cette facon de procéder, le représentant de la China
a declare que son Gouvernement s'opposait à ce qu'un accord GATT/CP . 2/WP. 6/3
Page 3
que l'on pourrait signer au sajet de l'Allemagne occidentale
constituât un précédent applicable ultérieurament au commerce
du Japon.
6. Le Groupe de travail a ensuite examine le projat d'accord
présenté par le Gouvernement des Etats-Unis dans le document
GATT/CP.2/W/5. En présentant aux Parties contractantes le projet
d'accord qui figure à l''annexe du présent rapport, le Groupe de
travail ne suggere pas que ce project soit formellement approuvé.
Le Groupe estime que l'accord a maintenant pris une forme sous
laquelle il sera acceptable pour un grand nombre des Parties con-
tractantes. S'il est compris dans le present rapport, en même
,jemps que les notes explicatives qui le suvent et quii portent
sur certains points studies plus particulièrement au cours des
discussions, c'est simplement à titre de document.
7. On remarquera que l'accord une comporte pas une date fixe
d'expiration mais qu' l'article I, on prevoit que l''obligation
d'accorder le traitement de la nation la plus favorisée cessera
ipso facto lorsqu'aacun signataire ne participera plus '. l'occu.-
pation d'une zone de l' Allamagne occidentale ou à l' exercice d 'un
contrôle sur une telle zone. En vertu de l'aticle 5 les signa-
taires peuvent se retirar de l'Accord en 1951.
8. Le Groupe de travail tient à attirer l'attention du Comité
sur deux expressions utilisées dans l'article I. Premièrement,
expression "commerce" désigne le commerce des marchandises
proprement dites; elle est utilisée de préference au mot
"prodaits" qui, dans ce contexte, exclurait le commerce des mar-
chandises produites ailleurs que dans la region intéressée et
il est utilisé de préférence au mot "échanges" qui poutrrait être
interpret come comprenant des services tels que les assurances,
les transports maritimes, etc. GATT/CP.2,/P.6/3
Page 4
Deuxièmement, la référence aux clauses de la Nation la
plus favorite de l'Accord général a pour but de porter
également sur diverses dispositions de la partie II de
l'Accord aussi bien qut'I. larticle I.
9. Le Groupe de travail tient à faire remarquer au
Comité qu'en vertu de l'article II un signataire ne serait
tenu de faire bénéficier du traitement de la nation la plus
favorisée les zones occupies dont il s'agit que dans la
mesure ot son commeorce y bénéficie à son tour du traitement
de la nation la plus favorisée. La nature du traitement
prévu ost définie par les dispositions de l'Accord général
portent sur la nation la plus favorisée (y compris les
exceptions); en consequence, en vertu de la clause de réci-
procit6 qui figure à l'article II, le même critère sera
utilisé de part et d'autre pour juger de la valour du trai-
.tement accord. Si un signataire estime qu'il ne bénéficie
pas en fait d'un traitement qui réponde à ce critère, il
ne se tiendra pas pour oblige d'accorder un traitement con-
forme au critère. Néanmoins, les divergences de vues qui
pourraient se produire entre signataires front, naturelle-
ment l'objet de consultations centre eux.
10. En. réponse à certaines questions des Membres du
Groupe de travail sur la mention des barrières douanières
qui figure à l'article III,le représntant des Etats-Unis
a déclaré qu'à présent soul un tarif nominal s'applique
aux importations à leur entrée en Allemagne occidentale
et il s'est offert à fournir sur ce point d'autres rensei-
gnements pour l'information des Parties contractantes. Il
a expliqué que, come c'est le cas pour la plupart des
autres pays à l'heure actuelle, diverges barrières stoppo-
sent à l'importation de produits en Allemagne occidentale, GATT/CP.2/WP.6/3
Page 5
en dehors du tarif nominal, mais que ces bariières ont
été dressés, comme dans beaucoup d'autres pays, principa-
lement en raison de l'état de la balance des paiements.
Par ailleurs, il ne serait pas exact de dire quo le com-
merce d'importation de l'Allemagne occicentale est soumis
à un contrôle qui présente les caractères d'un monopole;
l'institution d'un monopoly du commerce extérieur no semble
pas plus vraisemblable en Allemagne qu'ailleurs. En réponse
d certaines questions sur la mention qui a été faite des
principes rolatifs à la 'reduction des tariffs sur une base
d'avantages mutuels", principes qui sont exposes dans la
Charter de la Havane le représentant des Etats-Unis a indiqué
que ceci visait particulièrement paragraphs 4 de l'ar-
ticle XVII et permit de ne pas appliquer le traitement
de la nation la plus favorisée au cas ou les négotiations
échoueraient.
11. L'article IV a été inséré dans l'accord afin qutaucun
malentendu no se produise quant à l'indépendance qui le
caractérie, par rapport à 'Accora général sur les tarifs
et le commerce. Aucune partie contractante n'est dans l'o-
bligation de signer cet accord et les droits et les obliga-
tions d'une partie contractante qui déciderait de ne le
pas signer ne s'en trouverait nullement affectés.
12. Un troisième paragraph a été ajouté à l'article V
afin de prévoir une réunion des ,Lgnataires au cas où trois
signataires ou plus estimeraient que la situation a changé
au point de rendre nécessaire un amendment aux dispositions
de l'accord.
13. Enfin, en ce qui concerne la note interpretative dont
l'adjonction au texte a été proposée, le Groupe de travail
estime que, come cest le cas pour les droits compensa-
teurs appliques en vertu du paragraph 2 de l'article VI de
l'Accord général, il appartiendra nécessairement au pays
signature qui applique le droit compensateur d'évaluer, le
premier, importance des subventions qui auront été accor-
dées, bien qu'une telle evaluation puisse, bien entendu, être
contestée par le signature dont les intérês se trouveraient
atteints. GATT/CP.2/WP.6/3
Page 6
ANNEXE
PROJET D'ACCORD CONCERNANT LIAPPLICATION DE LA CLAUSE
DE LA NATION LA PLUS FAVORISEE AUX ZONES DE L'ALLEMAGNE
OCCIDENTALE SOUMISES A LTOCCUPATION MILITAIRE
Désireux de faciliter dans la plus large mesure possible
la reconstruction et le relévement du monde apres les destruc-
tions qu'a amenées la derniere guerre,
Persuades que pour donner un caractère rationnel à cette
reconstruction et à ce relèvement, une des mesures les plus
importantes consiste à rétablir le mouvement des changes in-
ternationaux, selon les principes définis par la Charte de
ltOrganisation Internationale du Commerce élaborée à la
Havane,
Considérant que l'application réciproque de la clause
de la nation la plus favorisée au commerce des zones de l'Al-
lemagne occidentale sounises à l'occupation militaire pernet-
tra d'atteindre plus facilenent les buts envisagés,
Les signataires sont convenus des dispositions suivantes
Article I
Aussi longtemp- qu'un signataire du present Accord par-
ticipera à occupation ou au contrôle d'n territoire de
l'Allemagne occidentale, chacun des autres signataires appli-
quera au commerce d'un tel territoire les dispositions de
l'Accord general sur les tarifs douaniers et le commerce, en
date du 30 octobre 1947 telles qutelles sont maintenant ou
telles qu'elles seront ultérieurement amendées, relatives au
traitement de la nation la plus favorisée.
Article II
L'engagement contract' par un signataire en vertu de
l'Article I ne s'appliquera au commerce des zones ci-dessus
mentionnées, que pendant la périod et dans. la mesure ou les-
dites zones accorderont réciproqueraent le traitement de la
nation la plus favorisee au comm force du territoire de ce si-
gnataire. GATT/CP.2/WP.6/3
Page 7
Article III
L'engagenient contract a lArticle I est pris en consi-
deration du fait qu'a la date du present Accord, il n'existe
pas de barrières douanières effectives ou de reelle importance
qui s'opposeraient aux importations dans les zones ainsi défi-
nies Dans le cas ou" de telles barrières viendraient à y être
établies ledit engagement ne préjugerait en rien l'appl'cation,
par lun quelconque des signataires, des principes énoncés dans
la Charte de la Havane pour une Organisation international du
Commerce au sujet de la reduction des tarifs sur une base
d'avantages mutuelso
Article IV
Les droits et obligations établis en vertu du présent
Accord doivent être considérs comme étant entierement inde-
pendants des droits et obligations qui sont ou peuvent être
établis aux termes de l'Accord general sur les tarifs doua-
niers et le commerce ou de la Charte de la Havane.
Article V
1 - Le présent Accord sera ouvert à la signature à Genève,
ce jour, et pourra être signé à tout moment au siege des
Nations Unies; il entrera en vigueur pour chacun des signa-
taires à l'expiration dune période de 30 ours a compter de
la date à laquelle il y aura appose sa signature.
2 - Les engagements convenus dans le present Accord demeure-
ront en vigueur jusqu'au premier janvier 1951 et, sauf à
l'égard de tout signataire qui auraitq six mois au moins
avant le ler janvier 1951, donned au .Secrétaire general GATT/CP.2/WP . 6/3
Page 8
des Nations Unies préavis par écrit de son intention de se re-
tirer du present Accord a cette date, ils demeureront en vigueur
sous reserve du droit, pour tout signataire, de cesser d'y par-
ticiper à l'expiration d'un délai de six mois à partir de la
date à laquelle aura été signify iee son intention.
3. la demande de trois signataires du present Accord, et en
tout cas le ler janvier 1951 au plus tard, le Gouvernement des
Etats-Unis d'Amérique convoquera une reunion de tous les signa_
taires à l' effet d'examiner le fonctionneraent du présent accord
et de decider des revisions qui sembleraient appropriées.
Article VI
1 - La note interpretative qun fait suiite au present Accord
fait partie intégrante dudit Accord.
2 L- original de l'Accord sera depose aupres du Secrétaire
general de l'Organisation des Nations Unies. Cslui-ci adressera
une copie certifiée conforme à toutes les parties susceptibles
d'adhérer au présent .Accord et il sera autorisé à procéder à son
enregistrement conformement au paragraph l de l'article 102 de
la Charte des Nations Unies.
3 - Le Secrftaire général notifiera à tout signataire du pré.
sent Accord la date à laquelle toute nouvelle signature ou tout
avis de désistement, en vertu des dispositions du paragraph 2
de l'article V ci-dessus, surviendraient postérieurement à la
date du présent accordd,
EN FOT DE QUOI les représentants des Parties respectives,
dûment autorisées, ont sign cet Accord.
Fait à Genéve en un seul exemplaire, les textes francais et
anglais faisant également foi, ce ......... jour de septembre 1i - - -. -
Page 9
Note interprétative
Il est reconnu que l'absence d'un taux de change uniforme
dans les zones d'. lemagne occidentale pourrait avoir l'effet de
subventionner indirectement les exportations de ces zones dune
fagon qu'il serait difficile de calculer exactement. Aussi
longtenps que ces circonstances existeront, et si des consultant ons
avec les autoritos compétentes ne permettent p.as de résoudre ce
problème d'un comnun accord dans un delai raisonnable; il est
entendu qu'il ne serait pas contraire ..ux engagements pris à
l'article I qu'un signataire frappe les importations de ces mar-.
chandises d'un droit compensateur equivalent au montant estimé
de ces subventions, lorsque ledit signataire juge que cette sub.
vention est telle qu'elle cause ou qu' elle menace de causer des
dommages importants a une industrie nationale existante, ou
qu'elle empêche ou retarde l'établissement d'une indutrie na-
tionale. En cas d'urgence particuliere, alorsque tout délai
risquerait d'entraíner des dommages difficiles à réparer,
des décisions d'un caractère provisoire, prices sans procéder
a des consultations préalables, seront advises étant entendu que
des consultations auront lieu immédiatement apres que ces déci-
sions auraient été prises. |
GATT Library | dy791jj5319 | Groupe de Travail No I (Finances). Previsions Budeta Ires des Parties Contractantes. : Pour la période du 16 août au 31 décembre 1948 | Accord General sur les Tarifs Douaniers et le Commerce, August 20, 1948 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 20/08/1948 | official documents | GATT/CP.2/WP.1/2 and GATT/CP.2/WP.1/1 WP.1/2 | https://exhibits.stanford.edu/gatt/catalog/dy791jj5319 | dy791jj5319_91870471.xml | GATT_145 | 216 | 1,500 | Parties contractantes
Deuxième session
RESTRICTED
GATT/CP.2/WP.1/2
20 August 1948
FRENCH
Original: ENGLISH
ACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCE
GROUPE DE TRAVAIL No I (FINANCES)
PREVISIONS BUDETA IRES DES PARTIES CONTRACTANTES
pour la période du 16 août au 31 décembre 1948
Deuxième session, du 16 août au .... 1948
Services de conférences
Secrétariat
Documentation préparatoire
Du .... août 1948 (date de cloture de la 2ème
session) au 31 mai 1949 (date de clôture de
la 3ème session, y compris les négotiations
tarifaires):
Services de secretariat entre les sessions
Documentation préparatoire
Services de conference pendant la 3ème session
Dollars des E.U.
10.000
2.500
465 12.965
9.000
500
10.000
Services de secretariat pendant la 3ème session 2.500
Négociations tarifaires
28.000
Du ler juin au 31 décembre 1949:
Services de secretariat entre les sessions
Documentation préparatoire
5.000
500
Services de conference pendant la 4ème session 10.000
Services de secretariat pendant la 4ème session 2.500
Dépenses imprévues
Total:
8.000 8.000
88.965
Note:
Les chiffres indiqués comme représentant le coût des, services
de secretariat ont été calculés d'après le budet du personnel
du Secrétariat de la Commisoion intérimaire de l'Organisation
international du Commerce, à raison de 10% de ce budget pour
les périodes comprises entre les sessions, et de 50% de ce
même budget pendant les sessions.
50.000
18.000 |
GATT Library | qt701ts1974 | Groupe de travail NP5 chargé de l'examen de l'Article XVIII. Note de la délégation du Royaume-Uni | Accord General sur les Tarifs Douaniers et le Commerce, August 23, 1948 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 23/08/1948 | official documents | GATT/CP.2/WP.5/3 and GATT/CP.2/WP.5/1-6 WP.5/5/Add.1 | https://exhibits.stanford.edu/gatt/catalog/qt701ts1974 | qt701ts1974_91870497.xml | GATT_145 | 1,412 | 8,888 | RESTRICTED
GATT/CP, 2/WP .5/3
23 August 1948
FRENCH
Original: ENGLISH
ACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCE
Parties contractantes
Deuxième session
Groupe de travail,NP5 chargé de l'examen de
lVArtiole XVIII
Note de la délégation du Royaume-UnI
1 Les mesures de protection existantes, aux termes de
l'Article XVIII, comportent les mesures rostrictives non
disoriminatoires imposées pour faciliter le développement
économique,qui étaient en vigueur le ler septembre 1947 et
qui ont été notifiées aux signataires de l'Acte Final de
1'Accord général sur les tarifs douaniers et le commerce, le
10 octobre 1947 au plus tard, Les terms de l'Artiole 14
d.e la Charte, qui, par décision provisoire du Groupe de
travail No 3 devront remplacer (sous réserve des changemeots
de forme nécessaires) ltalinéa 6 de l'Article XVIII, sont
analogues à oet égard.
2a Lorsqutil a été décidé à Genève, en 1947, que les
mesures existantes devront être notifidées le 10 octobre de
cette année au plus tard, le Royaume-Uni a adressé une lettre
circulaire aux territoires aoloniaux pour s8informer des me.
sures de cet ordre qui se trouvaient alors en vigueur. A la
suite de cette enqufte, le Royaume-Uni a fourni un état
"néant'', tant pour les territoires métropolitains que pour
les territoires coloniaux. Par suite dune erreur due sur.
tout a linsuffisance du temps dont on disposait pour mener
a bien cette enquSte, deux mesures de coet ordre qui 4taient
en vigueur le ler septembre et qui auraient da 8tre noti-
fijes le 10 octobre au plus tard, n'ont, en fait, pas 6t6
siglialees. Ces mesures portent r6speotivement sur les res.
trictions a l importation du th6 sur le territoire de lIle
Mauxrce et sur importation du savon dit "a base de suco6-
dan6" en.Rhod6sie du Nord,
3. Lu delegation du Royaume-Uni demande, dans ces condi-
tions, que les Parties ,contractantes ferment les yeux sur
cette non-observation technique de l'!krtiole XVIII et qutelles
corn.sidbrent ces mesures comme 6tant ".existartes" aux termes
de i Article XVIIII.
4. Si cette deuande est accept6e, il sera n6cessaire de
pr6senter aux Parties contraotantes un expos6 sur les raisons
g.ui Justifient le maintien de ces mesures, Le Protocole dtapm.
plication provisoire de ltAcaord général sur les tarifs doua.
niers et le commerce a été appliqué pour le compte des terri"
toires coloniaux britanniques (à la seule exception de la
Xamalqueo, qui ntentre pas en ligne de compte de ce point de
vuxe), a dater du 28 juin 1948; étant donné que lt'exposé indi.
quant les raisons di maintien dune mesure donnée doit être
remis dans les 60jours qui suivent cette date, la délégation
du Royaume-Uni so permet de soumettre ladite déclaration en
annexe à la présente. note en anticipant sur la decision des
Parties contractantes sur sa requête (mentionnée au paragraph
3 ci-.dessus),.tendant à ce que ces mesures soient considérés
comme étant "existantes". GATT/CP.2/WP.5/3
Page 2
A. ILE MAURICE
Thé
1 L'importation de thé sur le territoire de l'Ile Maurio
est limitéd à une certaine quantié chaque année. La quanti
autorisée à liimportation en 1946 était de 50tonnes; elle
a été portée à 75 tonnes en 1947; le montant total des impor
nations qui seront autorisées en 1948 n'a pas encore été fix
mais il ne sera pas inférieur à 60 tonnes. Cette restrict'
est imposée par le Contrôleur du ravitaillement en vertu de
pouvoirs qu'il détient aux termes des "Defence (General)
Regulations" de 1939..
2. Cette-restriction a pour objet d'assurerà lintérieurl
del!ile la consommation de la totalité du thé produit dans
l'Ile elle-même, afin de protéger Itindustrie et d'encourage
un accroissemrent de la production.
3. L'Ile Maurice est trop soumise - la monoculture; cette
Ile est surpeuplée eu égard à sa structure économique actuel
et la population augmente. La réorganrisation de l'industre
sucrière, et notamment la centralisation et la mécanisatio
accrue de cette industrie' qui est indispensable pour per
tre à cette industrie-clé de subsister lorsque la concurrent
reprendra, risque fort de.provoquer un chômage considérable
uans une partie de la population. Dans ces conditions, il e
indispensable de oréer des industries nouvelles pour absorbed
la main-dtoeuvre ainsi libérée et répondre à ltaccroissemen
de la.population, Des superficies considérables se prêtent
la culture du thé et sont inutilisables pour dVautres culture
s ces terres étaient mises en valeur, cela permettrait de
couvrir les besoins intérieurs sur la base d'une consormation
sensiblenent accrue. par tête dthabitant; cela permettrait é&
lement de leggres exportations ' destination de Madagascar e
d'autres pays. LVon se propose dtencourager cette rise en
valeur et d'obtenir une amelioration progressive de la quali
de la production locale. Si lon veut :que- ces objectifs soiQ
atteints, il est essential de prot6ger l1findustrie au cours 4
phases initiates de son develcppeftent.
4, On est-ime que, pour atteindro ces objectif s, il sera n4
saire de maintehir le systeme des contingentements pendant 5 .
nees encore, apres quoi la situation- devra 6tre reexacin~e A.
lumai re des r~sultats qui aurcnt 6t6 obtenus.
B. RHODESIE DU NORD
; Savon "a base'de succedane" (ceest -dire savon ne oont
nant pas moins de 45 2 et pas k us de 62 d acides 3 as) GATT/CP.2/WP. 5/3
Page 3
1. L'interd lotion de l'importation de savon "& base de
succédanés'' su. 'Le territoire de la Rhodésie.du Nord en prove-
nanca du Cong( o ilgo a été établio an 1943, afin d'empêchar qua
is production L savonnorias de la Rhodésio du Nord no soit
concurrence par la production des savonneries du Congo belge.
ce momiont, il y avait an Rhodésio du Nord deux savonneries
situées à Ndola, dans la region du Copporbelt. Cos deux savon-
neriss dépandaient, pour l'approvisionnement on matière pro-
mièra (huile- de palmer) des livraisons en provenanco du Congo
belgo; et, . raison du fait qu'une différénce considerable
existait entra la prix de venta de catte huile de palme pour
les savonnerias locals du Congo et le prix à l'exportation
(ces doux prix étant respectivement de Z 14 at de Z 37 10 la
tonna), los fabricants du Congo belge auraiant pu, sans cetto
interdiction, exporter ou vendra leurs produits en Rhodésie du
Nord à un prix inférlaur à cllui des produits de la Rhodésie
du Nord.
2. I1 y avait, à ce moment, pénurie d'huile de palmer, at ce
produit est rasté rara dapuis lors. En outran, lTon n'avait
aucuna garantia que les-savonnaries du Cango belge seraient
an mesure de maintenir leurs livraisons à destination de la
Rhodésio du Nord au niveau indispensable ; or, si les livrai-
sons avaient fait défaut dépuis cetta source, le gouvernement de
la Rhodésio du Nord aurait pu êtro oblige d'aider au maintion
des savonnerias locales - afin d'assurer des approvisionnoments
suffisants - soit au moyan de subventions directs, soit on
autorisant un prix surélevé de manièro à compensar ainsi la
reduction du volume des vontes effectuées par les savonneries
locales. Il est évident qua si la Raodésie du Nord n'avait pas
pris les measures en question, les savonneries locals auraient
été obligées de former leurs ports, at ce territoire aurait
dépendu, pour ses besoins normaux on savon, des livraisons
qu'il aurait pu obtonir en provenance du Cungo bale, livraisons
qui auraient pu être insuffisantes pour satisfairo la demande
de ce territoire.
3. ^ En consequence, les importations de savon "à base de
succédanés" an provenance du Congo belge ont été interdites on
vertu de la décision gouvernemental NO 14 de 1943, après noti-
fication préalablo aux autorités du Congo beige par les soins
du Consul britannique à Elisabetthville Cetta mesure purement
temporaire est destinée à maintanir l'industrie locale ; elle
a été rendue nécessairo par la concurrence que permattait la
Marge 6lor6o oxistant au Congo pour l'huile do palms, ontre los
prix interiours ot los prix a exportation. Il nWest pas
possible, a lheura actuello, d'indiquar pendant combion de
termps il sora necassaire de aairnt anir cotton -aesuro, car cola
depend des approvisionnemannts et du prix de lThuile de palmer.
L-z question ast cependant a 1' tude. GATT/OP.2/WP.5/3
Page 4
4. La prohibition mentionnée ne s'applique pas à la region
du bassin du Congo du territoire de la Raodésie du Nord.
II. En application de l'Article IV (a) de l'Accord douaniar
conclu entre la Rhodésie du Nord et la Ruodésie du Sad en 1933,
qui prévoit que le savon "à base de succédanés" produit dans l'
des deux territoires ne pourra être exporté dans l'autre, l'impo
tation de savon "A base de succédanés" en provenance de la Rhodé
sie du Sud à destination de la Riaodésie du Nord est égalament
intardite. |
GATT Library | vj102dc6405 | Groupe de Travail N° 7 Charge de L'examen de la Liste de Cuba | Accord General sur les Tarifs Douaniers et le Commerce, September 11, 1948 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 11/09/1948 | official documents | GATT/CP.2/WP.7/1 and GATT/CP.2/WP.7/1 | https://exhibits.stanford.edu/gatt/catalog/vj102dc6405 | vj102dc6405_91870509.xml | GATT_145 | 130 | 887 | RESTRICTED
LIMITED C
GATT/CP.2/WP.7/1
11 September 1948
FRENCH
ORIGINAL : ENGLISH
ACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCE
Parties Contractantes
Deuxième Session
GROUPE DE TRAVAIL N° 7
CHARGE DE L'EXAMEN DE LA LISTE
DE CUBA
Membres :
M. L.D. WILGRESS Président
Cuba
Etats-Unis
Inde
Pays-Bas
Mandat
Examiner, en tenant compte des faits qui ont été
portés à sa connaissance, la demande du Gouvernement de Cuba
tendant à l'ouverture de nouvelles négociations sur certai-
nes positions tarifaires qui font l'objet de la listo IX de
l'Accord Général; examiner en outre la déclaration des re-
présentants des Etats-Unis au sujet de la résolution 530 du
Gouvernement de Cuba concernant l'importation de textiles;
recommander aux PARTIES CONTRACTANTES une solution pratique
compatible avec les principes et les dispositions de l'Ac-
cord Général. |
GATT Library | cy240bx9315 | Groupe de Travail N°5, sur l'Article XVIII. Lettre de la Délégation indienne au Président | Accord General sur les Tarifs Douaniers et le Commerce, September 6, 1948 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 06/09/1948 | official documents | GATT/CP.2/WP.5/6 and GATT/CP.2/WP.5/1-6 WP.5/5/Add.1 | https://exhibits.stanford.edu/gatt/catalog/cy240bx9315 | cy240bx9315_91870501.xml | GATT_145 | 411 | 2,659 | RESTRICTED
LLIMITED C
GATT/CP.2/WP.5/6
6 september 1948
ORIGINAL: ENGLISH
ACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCE
Parties Contractantes
Deuxième session
Groupe de Travail N°5, sur l'Article XVIII
Lettre de la Délégation indienne au Président
Le Président des Parties Contractantes a requ du Chef
de la délégation indienne la lettre suivante:
"6 septembre 1948
Monsieur le President,
Conformément au paragraphe 6 de l'Article XVIII de l'Accord
général sur les tarifs douaniers et le commerce, je suis chargé
de vous soumettre la déclaration suivante au sujet de la restric-
tion quantitative imposée par le gouvernement de l'Inde à 1'im-
portation de meules de segments de meules à affûter, et de deman-
der aux Parties contractantes d'approuver le maintien de cette
measure, qui était en vigueur le ler septembre 1947 et dont les
autres Parties contractantes ont été dûment informées avant le
10 Octobre 1947.
2. Nature de la measure:
L'importation dans l'Inde de certaines espèces de meules et de
segments de meules à affûter est interdite par decision adminis-
trative. Cette interdiction s'applique uniformément à toutes les
importations quelle qu'en soit la source. Aucune concession n'a
été accordée, à l'égard des neules et segments de meules à affû-
ter, en vertu de la liste XII (INDE).
3. But de la mesure considérations justifiant son maintien:
La mesure en question a été prise afin de protéger l'ndustrie
national des meules à affûter, confornément au program indien
de développement économique. Cette industrie a été créée pendant
la seconde guetre mondiale et s'est trouvée protégée par les
circonstances anormales résultant de la guerre. Le Gouvernenent
de l'Inde a favorisé le développement de cette industrie en com-
mandant à des fabricants indiens, jusqu'à la limited de leur capa-
cité de production, toutes les meules nécessaires aux chemins de
fer et aux services gouvernementaux, et en exemptant de tous
droits l'importation d'abrasifs synthétiques. La suppression
totale ou partielle de Ia protection dont l'industrie jouit ac-
tuellement serait de nature à causer à cette industrie un préju-
dice grave.
4. Durée de la mesure:
Le Gouvernerment de l'Inde n'est pas en ensure, pour le moment,
d'indiquer la duree probable du maintien de la measure en ques-
tion, mais il a l' intention d'exeminer a nouveau la situation le
31 mars 1951 a plus tard.
Je vous prie d'agréer, etc...
Sign: Raghavan Pillai
Chef de la Délégation indienne."
Monsieur le Président des
Parties Contractantes à l'Accord
général ,sur les tarifs douaniers et
le commerce, Palais des Nations - |
GATT Library | wg868nw3732 | Groupe de travail n°6, sur la proposition des Etats-Unis relative à l'Allemagne occidentale | Accord General sur les Tarifs Douaniers et le Commerce, August 25, 1948 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 25/08/1948 | official documents | GATT.CP.2/WP.6/1 and GATT/CP.2/WP.6/1-3 | https://exhibits.stanford.edu/gatt/catalog/wg868nw3732 | wg868nw3732_91870505.xml | GATT_145 | 137 | 899 | RESTRICTED
GATT .CP.2/WP .6/1
25 August 1948
FRENCH
Original : ENGLISH
ACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCE
Parties contractantes
Deuxième session
Groupe de
Unis relative à
Membres :
Président:
travail n°6, sur la proposition des Etats-
l 'Allemagne occidentale.
: Dr G. GUTIERREZ (Cuba)
Australie
Canada
Chine
Cuba
Etats-Unis d 'Amérique
France
Pakistan
Pays-Bas
Royaume-Uni
Mandat
a) Etudier la question de savoir s'il convient d'adopter
la procédure proposée par les Etats-Unis, compte tenu de
la Note finale de l'Annexe I de l'Accord général sur les
tarifs douaniers et le commerce ainsi que des arguments
qui ont été mis en avant au cours des débats de la présen-
te session.
b) Etudier, compte tenu de l'alinéa a) ci-dessus, le project
d'accord présenté par les Etats-Unis et adresser à ce sujet
des recommandations aux Parties Contractantes. |
GATT Library | kn385yb9594 | Groupe de traveil N° 5, chargé de l'étude de l'Article XVIII. Déclaration présentée par le Gouvernement de Cuba à propos de l'Article XVIII, paragraphe 7 | Accord General sur les Tarifs Douaniers et le Commerce, August 23, 1948 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 23/08/1948 | official documents | GATT/CP.2/WP5/2 and GATT/CP.2/WP.5/1-6 WP.5/5/Add.1 | https://exhibits.stanford.edu/gatt/catalog/kn385yb9594 | kn385yb9594_91870496.xml | GATT_145 | 1,539 | 9,652 | RESTRICTED
GATT/CP.2/WP5/2
23 August 1948
FRENCH
ORIGINAL: SPANISH
ACCORD GENERAL SUR LES TARIFS DOUANIERS
ET LE COMMERCE
PARTIES CONTRACTANTES
DEUXIEME SESSION
Groupe de traveil N° 5,. chargé de l'étude de l 'Article XVIII
Déclaration présentée par le Gouvernement de Cuba
à propos de l'Article XVIII. paragraphe 7,
En se référant au point 6 du document 4991 GATT/1/1, en
date du 18 février, la délégation de Cuba à le première ses-
sion des parties contractantes qui se tient actuellement à La
Havane, désire faire la déclarations suivante:
1. Dans le document E/PC/T/190, RESTRICTED, du 2 septembre
1947, qui reproduit la communication faite par la délégation
de Cuba au Socrétariat de la seconde session de la Commission
préparatoire de la Conférence des Nations Unies sur le commerce
et l'emploi réunie à Genève, il était spécifié que Cuba daman-
dait le maintien du système de contingents d'importation éta-
bli par sa loi national pour le lait condensé; la passemen-
terie, les galons et les rubans; le suif, le quabracho, los
textiles, les articles en caoutchouc ot le riz.
2. Avant is fin de la deuxième session en question, Cuba a
limité cette demande au maintien des contingents à l'importa-
tion pour le quebracho, le hennequen, la passementerie, les
galons et rubans, articles visés par le décret No 2155 1944
du Gouvernement cuba in.
3. Conformément aux dispositions du paragraph 6 de l'ar-
ticle XVIII de 1'Accord général sur las tarifs douaniers at
le commerce, le Gouvernenent cubaih communique maintenant sa
decision définitive cinsi qua las raisons pour lesquelles il
demanded le maintien des contingents dans las daux cas où il
a à faire catte domande, ainsi quo le temps pendant lequel
ces contingents restaront an vigueure tout exclusivement en
ce qui concerne les produit-s mentionnés au paragraphs 2 ci-
dessus. A cat effet, il communique ce qui suit:
Ce document a été distribué à.la Havane sous la
cote GATT/l/20. GATT/CP. 2/WP5/2
Page 2
a) QUEBRACHO (décrats No 168 et No 1388, an date das
26 janvier et 15 mai 1942)..
Le Gouvernement cubain renonce au droit de maintenir
les contingents qu'il applique à l'importation de ce produit.
b) HENNEQUEN (décrot No 1693 du 23 juin 1939)
Faute d'employer des moyens et des instruments techni-
ques et économiquss adéquats, la production du hennequen ou
sisal n'a pas encore atteint à Cuba le degré de perfection
nécessaire pour qua cette oranche d'agriculture puisse entrer
en concurrence, dens das conditions équitables, avec las pro-
duits des autres pays.
Cette situation, jointe au fait que le coat de produc-
tion de la fibre de hennequan est plus élevé à Cuba qua dans
les autres pays producteurs, par suite de raisons talles que
le haut niveau des salaires, les conditions de travail, les
versements requis par les lois sociales, la valeur de la mon-
naie nationale cubaina par rapport aux monnaies des autres
pays producteurs, et jointe également au fait qu'il n'existe
pas de taxe à l'importation de l'article en question sur le
territoire national, justifie le maintien de ce contingent.
Le suspension des contingents appliqués à l'importa-
tion des fibres de hennequen ou de sisal, qu'ella ait lieu à
un moment où, comme o'est le cas ectuellement, la production
des autres pays troupe des débouchés suffisents à l'étrangar,
ou qu'elle ait lieu à un moment où un excédent de production
pèse sur le marché par suite de la diminution sensible ou de
la disparition de ia demande, ne comportera d'avantages ni
pour les autres pays, ni pour Cubs; au contraire, alle ris-
querait môme, dans le second cas, de causer un préjudice
grave.
En effet, la production de cette fibre est consomméa
par les divers pays qui en ont basoin, soit par leurs pro-
pres industries, soit par les industries des territoires dont
la production national est insuffisante ou inexistante.
Par consequent, si l'on suspend l'application des con-
tingents, lo producteur qui utilise la fibre de hennequen ne
tirere aucun avantage de l'entrée sur le territoire national
d'une fibre qu' on-ne pourra pas liui livrer actuellement,
puisqu'elle a déjà ses débouches plus ou moins fixes,
.Au contrairo, si le rapport actuel entra la production
et is consommation davait disparaïtre par une modification
des deux termes et que ia production dépasse le consomrnation,
les pays qui produisent lc fibre de hennequen entreront di-
rectement en concurrence avec le producteur cubain sur le
march national ot l'emporteront cartainament sur lui pour
les raisons indiquées plus haut; dans beaucoup de ces pays,
notamment dans les pays d'Afrique, à Java et à Haïti, les
salaires sont inférieurs. à ceux qua reçoivent las ouvriers
cubains pour le même travail; et, d'autre part, le système GATT/CP. 2/WP5/2
Page 3
fiscal cubain, le régime des salairas et la différence des
monnaies auraient pour conséquence certaine que la fibre étran-
gère strait préfrée à la fibre national, parce qu'elle se-
rait vendue moins cher.
La délégation cubaine ne prétend pas prolonged indéfini-
ment cette situation et elle comprend que la durée dtapplica-
tion de measures exceptiounelles telles que les contingents doit
êtore limitée à le période au cours de laquelle. on estime pou-
voir remédier eux induffisances qui provoquent ou Justifient
ces mesures de protection.
La délégation cubaine estime que la durée de cette pé-
riode, fixée indépendamment de le durde pour laquelle l'Accord
général sur les tarifs doueniers et le commerce a été conlu,
no doit pas être inférieure à dix ans.
La dégétion cubaine estitme que, pendant cette période,
des procédés techniques perfectionnés, remplaçant les procédés
primitifs dont se servent aujourd'hui les agriculteurs cubains
pour la preparation de ce produit et l'application d'un nouveau
regime de protection aux agriculteurs, parmettront aux produc-
teurs cubains de resister à la concurrence loyala des produc-
teurs strangers, dens le cadre de l'Accord général sur les
tariffs douaniers et le commerce et dans le cadre du project de
Charte actuellement à l'étude deLa Havane.
c) PASSEMENTERIE, GALONS ET RUBANS (décret No 2155 en
date du 21 juillet 1944).
En 1939, tune industrie de fabrication d'articles de pas-
sementerie, de galons et de rubans, a été créée à Cuba. Les
droits de douane qui frappent ces produits, comame l'indiquent
les positions tarifaires 127 A et B et 142 ,' et B. sans êtra
très. élevés ont permis la création d'une industries de ce genre,
du fait que la natibre premiere achetée à. l'étranger, le taux
des salaires, la charge des impôrts et tous les autres facteurs
qui entrent dans le prix de revient des rubans, des articles de
passementerie, des garnitures, des galons et des autres marchan-
dises à base de coton, de rayonne ou d'autres fibres synthéti-
ques, constituaient une marge de protection raisonnable.
Cependant, avec l'augmentation des prix entrainée par la
guerre mondiale, cette protection douanière a peu à peu diminué
Jusqu'à disparaître. Pour cette raison, le 21 juillet 1944, le
Gouvernement cubain a pris le décret No 2155 qui prévoit des
contingents à l'importation des produits qui figurent sous les
positions tarifaires 127.A et B et 142 A at B; sans cc décret
les importations auraient supplanté et fait disparaître 1'in-
dustrie cubaine.
Pour donner une idée de la disproportion provenent de
V augntatlon du coût de production, il sutfit d'indiquer que
dans cette industrie le salaire hebdomadaire moyen d'un ouvrier
moyen qui était de 6 pesos, eat passé, dès avant 1944, . 30
pesos. GATT/CP.2/WP5/2
Pege 4
Le Gouvernament cubain aurait préféré no pas avoir
recours à ce système de contingents at élevar plutôt, de tfJ
gon appreciable, les droits de douane en question, pour leu
porter au niveau des droits correspondents dans les autres
pays, at notammant aux Etats-Unis.
Copendant, pour respecter les dispositions da la Con
titution de Cuba, il aurait fallu que le pouvoir axécutif
envoie un message au Congrès pour lui demander d'approuver
une loi portant élévation des droits de douane; l'approba
tion de la loi par les deux corps législatits at sa retifiS
cation ultérieure par la pouvoir exécutif auraient exigé de
longs délais, à la suit desquals la mesure projetéc- aurait
probablement été inutile, pour la raison que l'industrie en
question aurait disparu.
Il s'agit là d'une industries dans lrquelle il a fallu
investir un million de pesos, qui distribue annuallement
pour deux cent cinquante mille pesos de salaires, et qui
fait vivre plus de deux cent cinquante ouvriers.
Si 1'on ne pouvait maintenir le régime des contingent
cot investissement serait irrémédiablement perdu. Chose b
coup plus grave, doux cent cinquante ouvriers perdr-nient 1
emploi et viendraiant augmenter le nocibre des chômeurs, ce
qui porterait prejudice au développement économique du pays
at irait à l'ncontre des principes fondamenteux énoncés d
lAccord général sur les tarifs douaniers et le commerce et
dans le projet de Charte de l'Organisation international
commerce.
En résuné, le delegation oubaine demande qu'on lui pe
matta de maintenir le régime des contingents instauré par
le décret No 2155 de 1944, sous la forme que prévoit ce dé
cret, jusqu'à ce que le Congrès ait voté unè loi qui augment
les droits de douane dans la mesure voulue pour maintenir
l'existence de l'industris en question sans avoir recours a~
contingents, ou jusqu'à expiration d'une période de dix an
au cas ot. une tale loi no serait pas vote.
La Havane, le 10 mars 1948,
I |
GATT Library | hy595vb0652 | Havana resolution relating to Economic Development and Reconstruction : Addendum to Interim Report by the Secretariat | Interim Commission for the International Trade Organization, September 4, 1948 | Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee | 04/09/1948 | official documents | ICITO/EC.2/7/Add.3 and ICITO/EC.2/7-ICITO/EC.2/7/K | https://exhibits.stanford.edu/gatt/catalog/hy595vb0652 | hy595vb0652_90060193.xml | GATT_145 | 127 | 936 | INTER COMMISSION COMMISSION INTERIMAIRE DE UNRESTRICTED
FOR INTERNATIONAL L'ORGANISATION INTERNATIONALE ICITO/EC .2/7/Add.3
TRADE ORGANIZATION DU COMMERCE 4 September 1948
ORIGINAL: ENGLISH
EXECUTIVE COMMITTEE
Second Session
HAVANA RESOLUTION RELATING TO ECONOMIC
DEVELOPMENT AND RECONSTRUCTION
Addendum to Interim Report by the Secretariat
Document E/AC.26/15, a Statement by Dr. El Tanamly,
Representative of the Arab League, on "The League of Arab
States and the Economic Development of the Middle East" made
to a meeting of the Ad Hoc Committee on Proposed Economic
Commission for the Middle East on May12, 1948 should be
considered as Annex Q of the Interim Report.
Note: Document E/AC.26/15 has already been distributed by
the United Nations. Copies of it are being
distributed only to Members of the Executive Committee
for use at the second session. |
GATT Library | ys143xp0020 | Havana resolution relating to Economic Development and Reconstruction : Addendum to Interim Report by the Secretariat | Interim Commission for the International Trade Organization, August 20, 1948 | Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee | 20/08/1948 | official documents | ICITO/EC.2/7/Add.1 and ICITO/EC.2/7-ICITO/EC.2/7/K | https://exhibits.stanford.edu/gatt/catalog/ys143xp0020 | ys143xp0020_90060191.xml | GATT_145 | 135 | 1,030 | INTERIM COMMISSION COMMISSION INTERIMAIRE DE UNRESTRICTED
FOR THE INTERNATIONAL L'ORGANISATION INTERNATIONALE ICITO/EC.2/7/Add.1
TRADE ORGANIZATION DU COMMERCE 20 August 1948
ORIGINAL: ENGLISH
EXECUTIVE COMMITTEE
Second Session
HAVANA RESOLUTION RELATING TO
ECONOMIC DEVELOPMENT AND RECONSTRUCTION
Addendum to Interim Report by the Secretariat
Document E/ECE/1.D/2, Report submitted by the
Executive Secretary of the Economic Commission for
Europe for the use of the Commission's Ad Hoc Committee
on Industrial Development and Trade entitled "Potentialities
for Increased Trade and Accelerated Industrial Development
in Europe", including Appendices A through I inclusive,
should be considered as Annex 0 of the Interim Report.
Note: This Report of the Executive Secretary of the
Economic Commission for Europe has already been distributed
by the United Nations. Copies of it are being distributed
only to Members of the Executive Committee for use at the
second session. |
GATT Library | tz895sq3551 | Havana resolution relating to Economic Development and Reconstruction : Supplement to Interim Report by Secretariat | Interim Commission for the International Trade Organization, August 23, 1948 | Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee | 23/08/1948 | official documents | ICITO/EC.2/7/Add.2 and ICITO/EC.2/7-ICITO/EC.2/7/K | https://exhibits.stanford.edu/gatt/catalog/tz895sq3551 | tz895sq3551_90060192.xml | GATT_145 | 5,169 | 34,275 | INTERIM COMMISSION COMMISSION INTERIMAIRIE UNRESTRICTED
FOR THE INTERNATIONAL L'ORGANISATION INTERNATIONALE ICITO/EC .2/7/Add. 2
TRADE ORGANIZATION DU COMMERCE 23 August 1948
Original: ENGLISH
EXECUTIVE COMMITTEE
Second Session
HAVANA RESOLUTION RELATING TO
ECONOMIC DEVELOPMENT AND RECONSTRUCTION
Supplement to Interim Report by Secretariat
A . FACILITIES OF PRIVATE ENTERPRISE
(1) At the time when paragraphs 6 and 7 of the Interim
Report regarding technical services available from
private organizations were written, the Secretariat had
only had sufficient time to make inquiries of a preliminary
nature in New York. Since the issue of this Report it has
been possible to make similar enquiries in London.
(2) The Secretariat was successful in making contact in
the United Kingdom with only one firm which has been
making economic development surveys as distinct from surveys
of particular projects. This particular firm is a well-
known firm of consulting engineers which has made economic
development surveys of two countries in the Middle East
and is now making one in Africa. But the primary interest
of this firm continues to be to act as consulting engineers.
(3) Several consulting engineers were contacted as well
as the Secretary of the Association of Consulting
Engineers. There are a large number of consulting engineers
in the United Kingdom, many of which are highly specialized
and it often happens that a consulting engineer specializing
in the field of civil engineering calls in another firm
specializing in electrical or mechanical engineering and
vice versa. There is an Association of Consulting Engineers
which groups together a large number of firms which are
independent and not connected with other commercial or
manufacturing interests. In view of the interest of less
developed countries in getting impartial advice it is
interesting to note that the Association has rules diredted
according to its statement to:
"promoting the advancement of the profession of
consulting engineering by associating together
for consultation and co-operation those engineers
whose work is of a purely consultative character
One of the primary objects of the Association is
to secure that persons undertaking to advise
public and private bodies on engineering matters
shall be fully qualified technical engineers,
unconnected directly or indirectly with any
manufacturing or contracting interests likely to
prejudice their positions as independent professional
advisers. " ICITO/EC. 2/7/Add. 2
page 2
(4) As regards industrial consultants several of these
contacted in the United Kingdom were primarily concerned
with time and motion studies and with increasing production
in existing factories rather than the establishment of new
factories. However one firm of industrial consultants
contacted specializes in advising on factory layout and
has acted to assist entities in establishing new factories.
In such a case this firm advises the entity concerned of
all the things it needs to purchase, of where to make the
purchases and organizes the whole procedure and supervises
the programme and its execution, leaving the entity concerned
to carry the financial responsibility. A survey of in-
dustrial consultants is about to be made by the British
Institute of Management.
(5) In the case of manufacturing concerns it is very often
the case that their processes, whether patented or
not, represent substantial assets and are the product of
considerable investment in research. Such processes and
the "know-how" needed to put them into practical application
are therefore usually reserved for the concern itself or for
companies partly or wholly owned by it or sold to other
companies against royalties or other payment. It was
possible to consult only a few manufacturers with inter-
national interests in London although additional information
was obtained indirectly. Those consulted had in the main
confined the use of their processes to companies in which
they had an interest. However, there was a readiness to
consider each case on its merits and one concern had recently
assisted the government of an Asiatic country to establish
a plant for the production of fertilisers and given technical
assistance and made arrangements for the training of nationals
of that country.
(6) In the Interin Report it was suggested that the sources,
forms and terms of technical assistance provided by
private enterprise tended to vary according to the industrial
or other processes involved. The further enquiries made
since the issue of this Report confirm this statement, both
as regards the USA and the UK. The impression is that
consulting engineers, industrial consultants, business agents
and manufacturers play in general much the same part in the
supply of technical services in the UK as in the USA.
(7) As suggested in the Interim Report it would seen
desirable for governments Members of the Interim
Commission to provide information regarding the facilities
which they themselves have and the technical assistance
which they have given to other governments and also the
facilities of private organizations in their respective
countries. As regards private enterprise this information
night usefully include, wherever feasible, lists of consulting
engineers and industrial consultants, with whatever particulars
may be readily available and also of any manufacturers known
to be ready to render technical services to other entities.
It would also be valuable to have information on the extent
to which the entities concerned have experience of operations
in foreign countries. It is suggested that the Executive
Committee may wish to give consideration to the circulation
to Member Governments of the Interim Commission of an
enquiry enquiry on these lines. ICITO/EC.2/7/Add.2
page 3
B. FELLOWSHIPS
(8) In paragraph 13(d) of the Interim Report attention was
drawn to the value of technical fellowships for purposes
of economic development and reconstruction and it was suggested
that the ITO should make sure, if necessary by publishing
data itself, that the available facilities were made known in
all countries. Details have now been received and are
attached as Annex P with regard to the "World Handbook of
Scholarships, Fellowships and other Forms of Assistance
available to Persons for Study or for Training in Countries
other than their own" which is now being prepared by UNESCO.
As shown in Annex Px UNESCO has circulated a letter to its
Member Governments asking them to send infomation about
followships and other forms of assistance necessary for the
compilation of this handbook. This information should in-
clude awards made for training in industry and it is suggested
that the Executive Committee might like to draw the attention
of the Governments Members of the Interim Commission to
the bearing this question has on economic development and
to the importance therefore of supplying to UNESCO details
of indrustrial awards so that they may be included in the
World Handbook.
(9) If it wore decided that the ITO should itself grant
fellowships it would be necessary to consider carefully
the way in which the scheme would be administered. The
administration of a fellowships scheme involves a determin-
ation of the purposes of the awards, the receipt of applications
and the selection of applicants taking into consideration
both the suitability of the applicant and the utility of the
proposed study or training and arrangements for the definition
of the programme of study or training and for the receipt
of the persons selected in the countries of study or training.
As regards the purpose of awards this night be any form of
training or study which in the opinion of the government
concerned would most assist its economic development or
reconstruction and nominations might be made by governments.
In this way it would be possible for the fellowships to be
used, for example, for study and training in technology
and the practical application of industrial processes and
also in such fields as administration and management technique
public finance and banking. The Executive Committee may
wish to pursue this question in greater detail.
C. DISSEMINATION OF TECHNICAL INFORMATION
(10) Referance was made to this in paragraph 13 (f) of the
Interim Report, whore attention was drawn to the need
for adequate bibliographies and digests of technical litera-
ture. As regards the flow of technical information it is
necessary to distinguish between technical information freely
available to all those who can find it and technical inform-
ation which is the property of particuar entities and is
held secret. At this point we are concerned solely with
the dissemination of freely available information. Within
This Annex is being circulated only to members of the
Executive Committee for use at the second session. ICITO/EC. 2/7/Add.2
page 4
this field it is rather difficult to draw a line between
theoretical science and applied science or between applied
science and technology and its practical application.
However, the volume of freely available information is the
greater in the more abstract fields and in the case of
practical "know how" written material plays a relatively
smaller role. Notwithstanding, it is difficult to over-
emphasize the importance of the freest possible flow of
information on applied Science and technology to scientists
and technicians in the less developed countries in facili-
tating their long run economic development. Recently a
British Commonwealth Conference was convened by the Royal
Society in the United Kingdom in order to examine the
possibility of improvement in existing methods of collection,
indexing and distribution of scientific literature and for
the extension of existing abstracting services. The
Conference was limited to considering the subject from the
point of view of service to the scientific community and
embraced all scientific subjects including agricultural
sciences, engineering siences and medical sciences but
not including social sciences. The Conference made a
number of recommendations concerning changes in arrangements
for abstracts and reviews and also as regards obstacles
imposed by copyright law to the reproduction and translation
of technical articles. It is important that consideration
be given to these problems on a fully international plane,
especially as imperfections in existing arrangements are
much more serious for scientists and technicians in areas
remote from large industrial and scientific contres. It
is understood that UNESCO is planning an international
conference on abstracting and also is planning to prepare
a world engineering yearbook listing with particulars all
engineering organizations.
(11) It is suggested that the improved dissemination of
freely available technical information is a matter for
UNESCO and that UNESCO should be encouraged to pay as much
attention in this respect to applied science and technology
as to the more abstract sciences. UNESCO also receives
inquiries from individual scientists and technicians and
passes these enquiries on to the place where they can most
easily be dealt with. Some of these enquiries regard
industrial and engineering processes. It would seem
appropriate that UNESCO should continue to handle enquiries
from individual technicians, whereas ITO would be concerned
with the commerce in technical information and "know how"
and with enquiries from public and private entities. ANNEX P
"WORLD HANDBOOK OF SCHOLARSHIPS, FELLOWSHIPS AND OTHER
FORMS OF ASSISTANCE AVAILABLE TO PERSONS IN COUNTRIES
OTHER THAN THEIR OWN"
Letter from United Nations Educational, Scientific
and Cultural Organization to Member Governments.
Sir,
I have the honour to draw your attention to a series
of resolutions adopted by the Second General Conference
of Unesco, relating to interchange of persons activities,
and instructing me to secure the co-operation of Member
States in the gathering and publication of data on the
number, character, availability and sponsorship of fellow-
ships, scholarships and other types of assistance offered
for study, research, teaching, training and observation
abroad. A further resolution of great importance called
for efforts "to stimulate the establishment of additional
governmental and private fellowships and travel grants."
The Secretariat is now collecting the material for
a world-wide register, to be published periodically of all
types of awards or assistance available for persons wishing
to study, secure training or engage in research or
professional observation in countries other than their own.
This register will, it is hoped, provide information of
considerable value to those charged with broad-scale planning
and the administration of international exchange programmes.
Interested agencies will have a picture of the present
scope of international study and observation programmes
over the world and will have a basis for planning additional
programmes. Furthermore, this information should diminish
the possibility of overlapping. I am also confident that
the interchange of reasons programme in every country will
be given great stimulus by the periodic announcement on a
broad scale of available awards and other assistance.
The co-operation of your Ministry or National
Commission is now requested in this enquiry, which, it is
hoped, will be communicated to all agencies in your country-
governmental or nongovernmental - responsible for inter-
national educational awards. I have in mind here all
awards providing for (1) your own nationals to do research,
study, secure training or engage in observation in other
countries; (2) nationals of other countries to study, do
research, secure training or engage in observation in
your country; or (3) nationals of other countries to study,
do research, secure training or engage in observation in
countries other than your own.
A set of forms for use in gathering the information
is attached to this letter and also a suggested form of
letter which may possibly be appropriate for circulation ICITO/EC .2/7/Add. 2.
page 6.
to the agencies concerned. As you will see, the enquiry
is in two parts: Part I aims at obtaining a complete
listing of every type of award available for persons who
seek an opportunity for international study, research,
observation or similar educational pursuits. Part II is
designed to gather information on the scope and content
of programmes of international fellowships, scholarships
and similar assistance given since the close of World
War II. Both Parts I and II should be sent to every agency
in your country active in the field of the international
movement of persons. You may wish to translate the forms
into a language other than French or English, and, if so,
we should be grateful if the translation would retain, as
closely as possible the structure of the present forms.
It is, of course, impossible for Unesco to judge the
number of forms which agencies in your country would require
for making this report. It is, therefore, requested that
the body within your country charged with this enquiry
assume responsibility for duplicating Parts I and II in
sufficient quantity to secure the needed coverage. May I,
in this connection, draw your attention to the fact that
separate copy of Part I should be completed by every
agency for each of its different types of awards or assistance.
For Part II, on the other hand, one copy should suffice for
each agency.
In addition, there are two further points on which
your assistance would be most welcome:-
(a) One section of the proposed register will
include short summaries (some 600-1,000 words in length)
of the main features of the international interchange of
persons programmes and the operation of the assistance and
awards programme of each country. This will cover both
governmental and non-governmental activities, and major
programmes will be listed by name. Whereas it will be
possible to prepare these summaries in the Secretariat on
the basis of the completed Part II forms, it would be
preferable if a summary were drafted in your country by
some person familiar with the main features of your exchange
of persons activities. Whether or not you submit such a
summary, it is desirable that the Secretariat should receive
any published matter - reports etc. - describing your
assistance and awards programmes. This will be of value
in supplementing and bringing up to date information now
available to Unesco.
(b) One of the main uses of the data collected on
the Part II forms will be the compilation of statistical
summaries, which will also bring into relief the outstanding
features of the fellowship programmes, particularly as regards
major fields and countries of study covered by the various
programmes. If such a compilation is already made by
your Ministry for your own information, I hope you will share
with us the benefits of your work.
The urgent need for the publication of this information
was expressed at the Mexico City Conference, I hope that
the major part of the preliminary work on the first edition
of the register will have been completed by the autumn of ICITO/EC. 2/7/Add. 2
page 7.
this year, so that I can report considerable progress
by the time the Third General Conference opens in Beirut
in October, 1948.
You will realize that this type of enquiry is valid
only if the material is up to date. It is, therefore,
desirable that, as new opportunities develop in your country,
they may be made known to Unesco and given the wide
publicity envisaged in a publication of this kind.
With this in mind, I wish to suggest the following
procedure for the continuing collection and despatch of
the data requested in this letter:-
The agencies to which the forms are distributed should
be requested to return them to you on or before 1 August,
1948, and as much material as possible, including the
summary statement, be forwarded to Unesco as soon as it is
available, but in any event by 15 August, 1948. Any
material received in Paris after the beginning of September
1948 will probably be too late for inclusion in the initial
volume of the register, which, it is hoped, will be
published early en ugh in 1949 for it to be of assistance
to those planning fellowship programmes for the academic
year 1949/50. I am, therefore, arranging to publish
supplements based on information received in Paris too
late for inclusion in the initial register and hope that
you will continue to forward suitable information as it
becomes available to you, using similar forms to that now
being sent to you. As soon as the date for the second
edition is fixed, you will, of course, be informed.
If any portions of this communication or of the
survey forms themselves are not clear, please feel free
to call upon the Secretariat.
I have the honour to be
Sir,
Your obedient Servant,
WALTER H. C. LAVES,
Acting Director-General. ICITO/EC .2/7/Add. 2.
page 8 .
ANNEX I
UNITED NATIONS EDUCATIONAL
SCIENTIFIC AND CULTURAL ORGANIZATION
AN ENQUIRY ON NATIONAL AND INTERNATIONAL PEOGRAMMES
OF SCHOLARSHIPS, FELLOWSHIPS AND OTHER FORMS
OF ASSISTANCE AVAILABLE FOR INTERNATIONAL
STUDY OR TRAINING
PART I
In each country covered by this enquiry, it is being
addressed to governmental or non-governmental agencies
responsible for the administration of any awards or
assistance which afford opportunities for:
(1) Their own nationals to study or receive training
in other countries:
(2) Nationals of other countries to study or receive
training in their country, and
(3) Nationals of other countries to study or receive
training in countries other than their own.
The enquiry is aimed primarily at gathering information
on assistance available to individuals who wish to under-
take study, research, consultations observation or similar
activities in countries other than their own.
The material obtained through this enquiry will be
published by Unesco as a "World Handbook of Scholarships,
Fellowships and other Forms of Assistance available to
Persons for study or for Training in Countries other than
their own". It is hoped to publish this Handbook early
in 1949.
You are, therefore, requested to complete and return
this form, if possible by 1 August, 1948, to:
(Here insert name and address of the national agency charged
with the actual collection of data for transmission to
Unesco). ICITO/EC. 2/7/Add . 2
page 9.
Please complete each request for information. If
any requested information is unknown orunavailable,
please report to this effect in the appropriate space
on the form.
Name of Agency completing this form:
ress: (Numer and Street)
(City)
Name of person responsible
for completing this form:
Title:
1. Name of award (if any):
(N.B. If award has no name, so state).
(Country )
2. Source of funds for award:
Name of donor:
3. Purpose of award:
(Brief statement of donor's objectives)
4. Is award available to nationals
of all countries of the world ?
(Answer Yes or No)
5. If answer to No. 4 above is "No", please list country or
countries whose nationals are eligible for award:
6. In what country or countries may recipient study?
Address: ICITO/EC . 2/7/Add. 2.
page 10.
7. Is award available without restriction as to recipient's
field of study?
If answer if "No", list fields in
(Answer Yes or No)
which recipient may study:
8. Number or awards:
(a) Number of awards described on this form available
during the period 1 July 1948 to June 30 1949.
(Please designate by number available to country
or countries listed under No. 5 above. Estimate
if necessary):
(b) Is it expected that one or more similar awards will
be available during the period 1 July 1949 to
30 June 1950?
(Answer Yes or No)
During the period 1 July 1950 to
30 June 1951?
(Answer Yes or No)
Note: Unesco recognizes the uncertainties attendant upon
forecasting the number and value of these awards
which may be available at some future date. Certainly,
any statements you may make on this form will be
regarded as representing estimates and not commitments
as to the future, and this point will be emphasized
in the publication listing these awards, However,
it would be informative if replies were made to
question (b) immediately above.
9. What personal and professional qualifications must each
recipient possess?
(a) Age:
(b) Sex:
(c) Language competencies: ICITO/EC . 2/7/Add.2.
page 11.
(d) Previous
education :
(e) Professional competencie :
(f) Professional
status:
(Licences,
memberships ,
etc.)
(g) Other qualifications
Describe briefly:
not specified above.
10. For how long a
award? (Months ,
period does each
calendar years,
recipient hold his
academic years, other):
-
11. Is the award to an individual renewable?
(Answer Yes
No)
12. What is the total value
(Please state in terms
are actually given to ripient):
of the award to each recipient?
of the currency in which funds
ecipient):
in
(amount)
(currency)
13. Is the
award?
cost of each of the
(Answer Yes or No)
following included
(a) Transportation:
(b) Tuition and other
required student fees:
(c) Books and other equipment:
(d) Medical and Dental care:
(e) Living quarters and food during
period of study or training:
(f) Living quarters and food during
vacation (i.e.Time not spent on
study or training):
or
in the IC ITO/EC .2/7/Add . 2.
page 12.
(g) Cash stipend in addition to any or all of
questions (a) to (f):
Total amount of cash stipend:
(h) Specify any other items which are included in award:
14. Is the recipient required to perform any services,or
incur any other obligations, in return for, or in
connection with, the award?:
(Answer Yes or No)
If "Yes", please de -be briefly the services required:
15. Application procedures:
(a) Address from which application forms. and information
may be obtained:
(b) Address to which completed applications should be
sent:
(c) Time limit for receipt of application materials:
(d) Does the agency administering the award or assistance
receive applications on standardized forms which can
be furnished by recognized intermediary agencies?
(Answer Yes or No)
which intermediary agencies:
-----.If "Yes" , please state
4...__ . ICITO/EC .2/7/Add.2.
page 13.
UNITED NATIONS EDUCATIONAL
SCIENTIFIC AND CULTURAL ORGANIZATION
AN ENQUIRY ON SCHOLARSHIPS FELLOWSHIPS AND RELATED
AWARDS FOR INTERNATIONALSTUDY GIVEN BETWEEN
Please use this form to report your programme of
scholarships, fellowships and related opportunities for
persons who have undertaken international study, research
training or observation under the sponsorship of your
agency, between 1 January 1945 and 30 June 1948. If your
records do not conform to these dates, please supply such
information as you can and indicate under (3) below the
period of time actually covered by the report.
This report should include all awards sponsored by
your agency for the purpose of permitting:
(1) Your own nationals to study in other countries:
(2) Nationals of other countries to study in your
country, and
(3) Nationals of other countries to study in countries
other than your own.
All enquiries and completed forms should be sent to
the address given below:
(Here insert name and address of the national agency charged
with the actual collection of data for transmission to Unesco)
1. Name of Agency completing this form:
Address:
(Number and Street) (City) (Country)
2. Name of persons responsible for completing this form:
Title:
3. Period of time covered by this report: From:
To:
4. Total number of awards made during period:
value of awards (total): 5.Please use the columns below to present details of awards.
Name of donor Number Recipient's Field of Study Country Duration Value of Is award
of awards where of award award if still made
awards nationality
used if available each year
available
I I ~~~~~~~I <~~
- II
-- __
__-__|_ 1I- .
__ -i
i 1
6. Please use the back of this form to comment upon what you feel to be
aspects of your prograunof awards and assistance for international
particularly interesting and valuable
study and training, ICITO/EC . 2/7/Add .2
page 15.
ANNEX 3
UNITED NATIONS EDUCATIONAL
SCIENTIFIC AND CULTURAL ORGANIZATION
SUGGESTED COVERING LETTER TO BE SENT TO THE RESPONDENTS
THE SEVERAL SURVEYING-AGENCIES (NATIONAL COMMISSIONS,
Respondents will include all agencies, National
or International, Governmental or Non-Governmental,
administering programmes relating to the inter-
national interchange of persons
Sir,
The United Nations Educational, Scientific and
Cultural Organization has requested our co-operation in
connection with the following:-
The Second General Conference of this Organization
which was held at Mexico City during December 1947, adopted
an important series of Resolutions on the international
interchange of persons, instructing the Director-General
to secure the co-operation of Member States in gathering
and publishing information on scholarships, fellowships
and related opportunities for international study, research,
or visits for educational purposes.
As an outgrowth of these Resolutions, Unesco is now
smoking to compile a register of the awards or other
assistance available for international interchange of
persons. When this material has been gathered, it will
be published and made available to agencies and institutions
which require such information for advising and guiding
persons wishing to study in countries other than their own.
It is hoped that the register will bring together on a
large scale information of great value for those charged
with broad-scale planning and administration of inter-
national exchange programmes. For example, interested
agencies will have a picture of the present scope of
scholarship and fellowship assistance programmes over the
world as a basis for future planning. The widespread
dissemination of information will ensure keener competition
and a higher quality of candidates for the awards.
The proposed register is to be compiled on the basis
of a questionnaire, which is being despatched by Unesco to
all agencies responsible for programmes relating to the
international interchange of persons, through the competent
Ministry in each country covered bytthe enquiry. I
accordingly have pleasure in enclosing herewith a supply
of the forms for use by your agency.
As you will see, the questionnaire is divided into
two parts. Both parts I and II are designed for use in
reporting all types of grants and assistance, and the forms
submitted by you should cover all awards and assistance
administered or sponsored by your agency for the purpose
of permitting (a) your own nationals to study, do research ICITO/EC . 2/7/Add. 2.
page 16.
or receive training in other countries: (b) nationals of
other-countries to study in your country (c) nationals
of other countries to study in countries other than their
own. The eventual utility of the published volume will
depend upon the extent to which each programme is fully
reported.
Part I aims at obtaining a complete listing of every
type of award or assistance now available for study,
research or related educational pursuits for those who
wish to study in countries other than their own and also
of those that may in future become available. For the
initial volume, this survey will not include a report of
any awards or assistance for which nationals of the
donor country might be in competition with candidates from
other countries, e.g. a fellowship at the University of
Glasgow open to Scots and to others as well. YOU ARE
EARNESTLY REQUESTED TO COMPLETE A COPY OF PART I FOR EACH
GRANT OR AWARD WHICH VARIES SUBSTANTIALLY FROM OTHERS
ADMINISTERED BY YOUR AGENCY. It is recognised that
certain conditions may make it impossible for you to follow
the form in describing the awards or assistance sponsored
or administered by your agency, and you are requested in
all such cases to exercise the "rule of reason" in
furnishing us with a description. From the standpoint
of obtaining the widest possible coverage, it is important
that an effort be made to describe every such opportunity
for study in other countries, and, if the form proves
unsuitable, we suggest that you supply as much information
as is possible on it and then make use of a brief informal
memorandum to describe the variation. For Part II one
copy of the form should prove adequate for reporting all
grants or awards for which your agency is responsible.
Unesco hopes to make the gathering and publication
of this information a continuing function. It is
recognised that, after the original volume is published,
it may be desirable to issue brief announcements of newly-
developed opportunities for international interchange of
persons, and such announcements will be issued as
supplements, until the publication of the subsequent
register. Unesco invites donors and sponsors of such
awards to avail themselves of the opportunity for giving
wide publicity to them. At the time a new award is
established, it is suggested that the donor or administering
agency relay this information to ...... (here insert
the name of the appropriate body in your country) and
arrangements will be made to have these announcements
forwarded to Unesco's Paris headquarters.
At the Mexico Conference, many delegates especially
concerned with the organization and award of international
fellowships, emphasized the potential value of this survey.
In view of the urgent need for increased facilities for
international study, we think it vital that the information
in the enquiry be made available for publication as early
as possible, and would wish Unesco to be able to re port
substantial progress on the Survey by the Third General
Conference at Beirut, October 1948. ICITO/EC .2/7/Add.2.
page 17.
Furthermore, you will readily understand that early
publication will materially increase its utility, particularly
with regard to fellowship awards available for the academic
year 1949/50.
May we, therefore, request that you return the
completed forms to us as soon as possible and in any case
before 1 August 1948. Any forms not completed by that
date should be sent without delay for publication in the
supplements in the event of their arriving in Paris too
late for inclusion in the original volume. Your helpful
assistance in this project will be a distinct contribution
toward the achievement of the objectives for which Unesco
was founded, and I take this ipportunity to express, on
behalf of ........ here insert the name of the
surveying body.............. our deep appreciation for
your co-operation in this important matter.
I have the honour to be,
Sir,
Your obedient servant, |
GATT Library | mn708bk9202 | Havana resolution relating to Economic Development and Reconstruction : Supplement to Interim Report by Secretariat | Interim Commission for the International Trade Organization, August 23, 1948 | Interim Commission for the International Trade Organization and Executive Committee | 23/08/1948 | official documents | ICITO/EC.2/7/Add.2 and ICITO/EC.2/7-ICITO/EC.2/7/K | https://exhibits.stanford.edu/gatt/catalog/mn708bk9202 | mn708bk9202_90060192.xml | GATT_145 | 0 | 0 | |
GATT Library | cx802fb4286 | Heads of Delegation : Corrigendum to summary record of Meeting held on 3 March 1948 | United Nations Conference on Trade and Employment, March 10, 1948 | 10/03/1948 | official documents | E/CONF.2/59/Corr.2 and E/CONF.2/45/REV.1/53/CORR.3 | https://exhibits.stanford.edu/gatt/catalog/cx802fb4286 | cx802fb4286_90040124.xml | GATT_145 | 0 | 0 | ||
GATT Library | qd750jj7971 | Heads of Delegation : Corrigendum to summary record of Meeting held on 3 March 1948 | United Nations Conference on Trade and Employment, March 10, 1948 | 10/03/1948 | official documents | E/CONF.2/59/Corr.2 and E/CONF.2/45/REV.1/53/CORR.3 | https://exhibits.stanford.edu/gatt/catalog/qd750jj7971 | qd750jj7971_90040124.xml | GATT_145 | 132 | 833 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
RESTRICTED
E/CONF.2/59/Corr.2
10 March 1948
ENGLISH - FRENCH
ORIGINAL: ENGLISH
HEADS OF DELEGATION
CORRIGENDUM TO SUMMARY RECORD OF MEETING
HELD ON 3 MARCH 1948
On page 8, the remarks of the Delegate of Ceylon should be amended
as follows:
The words "the new draft of Article 13" should be inserted after
the words "reserve his position concerning" in the second sentence.
RECTIFICATIF AU COMPTE RENDU ANALYTIQUE DE LA REUNION
DES CHEFS DES DELEGATIONS DU 3 MARS 1948
Page 12, l'intervention du représentant de Ceylan doit être modifiée
comme suit : dans la deuxième phrase, supprimer les mots "à son égard"
après lo mot "position", et les remplacer par les mots "au sujet du nouveau
projet d'article 13". |
|
GATT Library | yt215ty0836 | Heads of Delegations : Corrigendum to summary record of Meeting held on Wednesday, 3 March 1948 | United Nations Conference on Trade and Employment, March 10, 1948 | 10/03/1948 | official documents | E/CONF.2/59/Corr.3 and E/CONF.2/45/REV.1/53/CORR.3 | https://exhibits.stanford.edu/gatt/catalog/yt215ty0836 | yt215ty0836_90040125.xml | GATT_145 | 265 | 1,759 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF. 2/59/Corr. 3
ON DU 10 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
HEADS OF DELEGATIONS
CORRIGENDUM TO SUMMARY RECORD OF MEETING
Held on Wednesday, 3 March 1948
The remarks of the delegate of Peru should be changed as follows on
page 2:
"Mr. FERRERO (Peru) called attention to certain mistakes in
the Report. The second sentence of the footnote on page 4 should
read ' it was agreed that the word "processing" meant the treatment
of a primary commodity for the manufacture of semi-finished and
finished goods; it would not refer.....'. Sub-paragraph 2 (b)
on page 12 should be revised to make clear that GATT concessions
could only be withdrawn after two years by a Member who had
requested the Member concerned to negotiate without reaching an
agreement. Paragraph 5 of page 14 was incorrect since no mention
had been made in the discussions of the possible creation of a
Tariff Committee in the future. Finally, it should be made very
clear in the reports of the Sub-Committee and Committee dealing
with the matter that, should the Conference assign to the Executive
Board the exercise of the powers of the Organization in connection
with paragraph 4 of Article 17, the right of appeal to the
Conference would still be open."
The following statement made by the delegate of the United States should
be inserted on page 2 after the remarks made by the delegate of Peru:
"Mr. WILCOX (United States) said that in substance he was in
agreement with the Delegate of Peru." |
|
GATT Library | hd918dp5600 | Heads of Delegations : Corrigendum to summary record of the Meeting on 3 March 1948 | United Nations Conference on Trade and Employment, March 12, 1948 | 12/03/1948 | official documents | E/CONF.2/59/Corr.4 and E/CONF.2/59/CORR.4 - 69/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/hd918dp5600 | hd918dp5600_90040126.xml | GATT_145 | 207 | 1,417 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/59/Corr. 4
ON DU 12 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
HEADS OF DELEGATIONS
CORRIGENDUM TO SUMMARY RECORD OF THE MEETING ON 3 MARCH 1948
The remarks of the delegate for Iraq should be amended as follows:
Page 7
Delete the last sentence of the second paragraph of Mr. Haider's
remarks and replace with the following:
"The League of Nations had recognized that right."
Page 8
In the second paragraph after the words "economic position" add
the following:
"In particular paragraph 6 (c) should not apply to paragraph 6 (d)".
RECTIFICATIF AU COMPTE RENDU ANALYTIQUE
DE LA REUNION DES CHEFS DE DELEGATIONS
qui g'est tonue le 3 Mars 1948
Le texte des observations présentées par le représent do l'Irak
doit être modifié do la faton suivente :
Page 11
Supprimer la fin de la dernière phrase du deuxièmo paragraphe
(lignes 12 à 14) de la déclaration de M. Haider, à. partir de :
"bion que les pays arabes ....."
Page 12
Au deuxième paragraphe, ajouter le texto ci-desseus après les mots :
"situation économique" :
"on particulier les dispositions do l'alinén = c) ne doivent pas
s'appliquer dans lo cas prévu à l'alinéa 6 d)". |
|
GATT Library | ck753zx2781 | Heads of Delegations : Corrigendum to summary record of the Meeting on 3 March 1948 | United Nations Conference on Trade and Employment, March 9, 1948 | 09/03/1948 | official documents | E/CONF.2/59/Corr.1 and E/CONF.2/45/REV.1/53/CORR.3 | https://exhibits.stanford.edu/gatt/catalog/ck753zx2781 | ck753zx2781_90040123.xml | GATT_145 | 253 | 1,799 | united Nations Nations unies
RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/59/Corr.1
ON DU March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
ORIGinAL: ENGLISH
HEADS OF DELEGATIONS
CORRIGENDUM TO SUMMARY RECORD OF THE MEETING ON 3 MARCH 1948
The following paragraphs should take the place of Points 2 and 4 and
Point 3 of the remarks of the representative of Poland appearing on page 6,
Point 2
The proposed paragraph 5 was a poor substitution for the text submitted
by the United States. The new text by omitting any mention of tariff rates
previously bound through negotiations made it possible for third parties to
block new preferential arrangements. It provided for the approval of the
margin of preference thus introducing a new element, contrary to the
automatism of the procedure. It omitted the binding of the preferential
margin after approval. It introduced an illogical provision for the
reduction of unbound most-favoured-nation rates considered excessive when
the two other factors i.e. the preferential rate and the margin of preference
had already been checked and approved by the Organization.
Point 3
By replacing the United States text with a new one containing such
vague expressions as "termination according to Its purposes" and "within a
period necessary for the fulfilment of such purposes", the previous automatic
criterion of ten years was again removed as the Organization would have to
study and define the "purpose" and the "necessary period of time", further
according to the new text the preferences simply disappeared instead of
being negotiable on a mutually advantageous basis. |
|
GATT Library | hz294pq5884 | Heads of Delegations. Summary record of Meeting : Held at the Capitol, Havana, Cuba, Wednesday 3 March 1948, 4.30 p.m | United Nations Conference on Trade and Employment, March 6, 1948 | 06/03/1948 | official documents | E/CONF.2/57 and E/CONF.2/45/REV.1/53/CORR.3 | https://exhibits.stanford.edu/gatt/catalog/hz294pq5884 | hz294pq5884_90040120.xml | GATT_145 | 233 | 1,700 | RESTRICTED
United Nations Nations Unies E/CONF.2/57
CONFERENCE CONFERENCE 6 March l948
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
HEADS OF DELEGATIONS
SUMMARY RECORD OF MEETING
Held at the Capitol, Havana, Cuba, Wednesday
3 March 1948, 4.30 p.m.
Chairman: Mr. MAX SUETENS (Belgium)
1. NOTE BY THE PRESIDENT (White Paper 5605)
Reservation: Paragraph 1 (b) should read "this decision is
subject to reservations by the delegations of Argentina, Iraq, United
Kingdom, Poland, Turkey and India." Paragraph 1 (c): "The delegations
of the Philippines, Afghanistan and Ireland feel unable to express
an opinion..."
The delegate of Iraq states his reservations could be placed in (c)
instead of (b) if the Note were amended to road "The Co-ordinating
Committee recommend the major questions of substance..."
Amendments: It was agreed that the word "decision" should be
replaced by "recommendation" and that "approve" should be replaced by
"recommend" throughout the text of the Note, and that the text should
be deleted beginning with the second sentence of paragraph 2 (a) through
2 (b).
Procedure: It was agreed to forward the Note as amended together
with the texts submitted by the Co-ordinating Committee to the respective
Sub-Committees for consideration and action in accordance with normal
procedure.
2. CONFERENCE TIMETABLE (E/CONF.2/47)
It was agreed that the schedule submitted should be adhered
to with a possible extension to 19 March 1948.
The meeting rose at 6.30 p.m. |
|
GATT Library | rm052jj1805 | Heads of Delegations. Summary record of Meeting : Held on Wednesday, 3 March 1948 at .10.30 a.m | United Nations Conference on Trade and Employment, March 6, 1948 | 06/03/1948 | official documents | E/CONF.2/59 and E/CONF.2/45/REV.1/53/CORR.3 | https://exhibits.stanford.edu/gatt/catalog/rm052jj1805 | rm052jj1805_90040122.xml | GATT_145 | 3,476 | 22,843 | United Nations Nations Unies
CONFERENCE CONFERENCE E/CONF.2/59 '
ON DU March 1948
TRADE AND EMPLOYMENT. COMMERCE ET DE L'EMPLOI ORIGI:AL; ENGLISH
HEADS OF DELEGATIONS
SUMMARY RECORD OF MEETING
Held on Wednesday, 3 March 1948 at .10.30 a.m.
Chairman: Mr. S. I. CLARK (Cuba)
(Reference: E/CONF.2/45/Rev.1)
The CHAIRMAN congratulated both the Chairman and individual members of
the Co-ordinating Committee on their speed and efficiency in preparing the
Report which was now before the meeting.
Mr. SUETENS (Belgium), Chairman of the Co-ordinating Committee said that
the task of the Co-ordinating Committee had been to recommend a compromise
solution for differences relating primarily to questions of economic
.
Articl e13 haedbeedrafr fted teemost aome of the points raised byeth.
eiiiveloped Jlocountr. ieu Smb-paragraph 2 (a) laid down that, a M mfewber
was consider tng'he adioo pt of restrictive measures which wouldnf colict
witnbh y iof ts craconttuabligations olunder Chapter IV thgefr pures pfoso
SUETENS (Belgium), Chairman of the Co-ordinating Commitee said that r- .'"'."'eA
econoxo evelopmens or reconstruction, oucha releaseight obtain 8
Ther tcrugeh diiret ngotlatins o r througharhejesrt toz tiia TheHEganimatmnr
priecof prior approval by the Organizatioen haid bieepn mantalqd h
case of measures which would not conflict with co ntrigaactus.alobltion This
prind cipi ha8Lowever, been modifiedi by the Iclusion of ceirtaii.n crIera
fulfilment owf wh ich ouldmake authorization automatic.s Thwophee fir
critwere ha ejtive; he ;;c ovatter two called for ercisethofethe. xrop o
Organization'ns judgmet
It'ad m4oo'b appeeen lthayoh auipja measres should be.pAlid.in pA
waclgo avounecessry damag to the otheeconomic interests of any 7
omr, Ina3l caes other hethan nizationthose dealt with above,tit. Ox4 r,
vid'Ace th van. decions.
In Art'oe 15 the principle wof pirnd majoritysrior approval by a tv-h~
hadneeenm miInedtined but bad eon pf dertaintip bthe inclusion o*'c4i
gtobacp o, Paragraph 5 laid down that the ta,I pargrap 42aid 4. '
Oani io ig 4o 'ocoalnditfiuirsts approvoci n in an rMeqmb redcto
ounbound mostgyoured- E/CONF.2/59
Page 2
unbound most-favoured-nation rate of duty. The provisions of paragraph 6 were
designed to ensure that a minimum of injury was done to the interests of
Members not parties to the agreement.
Neither a Tariff Committee nor an Economic Development Committee would
be established under the proposal; those Members who were not parties to
G.A.T.T. would enjoy the benefit of concessions for two years but those
concessions would be withdrawn if the Members had not by then become parties.
As a result of these changes Articles 17, 70, 81 and certain provisions of
the General Agreement on Tariffs and Trade would have to be revised.
The solutions proposed by the Co-ordinating Committee were admittedly
a compromise and would probably satisfy no delegation completely, but he
believed that the Committee had arrived at the only possible solution.
The CHAIRMAN called on the Hoads of Delegations to make their remarks as
concise as possible; it would be unnecessary to go into details since minor
points could be cleared up in the Committees concerned.
Mr. FERRERO (Peru) called attention to certain mistakes in the Report.
The second sentence of the footnote on page 4 should read "it was agreed the
the word 'processing' meant the treatment of a primary commodity for the
manufacture of semi-finished and finished goods; it would not refer......".
Sub-paragraph 2(b) on page 12, should be revised to make clear that
concessions would only be withdrawn if the Member concerned had been requested
to negotiate but no agreement had been reached. Paragraph 5 of page 14 was
incorrect since no mention had been made in the discussions of the possible
creation of a Tariff Committee in the future.
Mr. HOLMES (United Kingdom) said that sub-paragraph (b) on page 15 should
contain some such qualifying phrase as "as from the date of entry into force
of the Charter of the international Trade Organization", but this matter
could most-appropriately be dealt with in the meetings of the contracting
parties to the General Agreement on Tariffs and Trade.
He wished to make it perfectly clear that the Report was not in a form
which wholly satisfied the Government of the United Kingdom; Article 15 was
definitely unsatisfactory because it did not recognize the applicability
of certain parts of that Article to the Members of a group with traditional
economic ties.
Mr. MULLER (Chile) said that paragraph 7 on page 7 should be revised to
make it clear that the timetable covered the matters referred to in
paragraph 4 (b).
Dr. CHARLONE (Uruguay) said that thanks to the character of the compromise
put forward by the countries of Latin America, it had been possible to overcome
the major differences latent in the Conference. He added that the delegations
/of those countries E/CONF.2/59
Page 3
of those countries wished to record their appreciation of the work accomplished
by their representatives on the Co-ordinating Committee.
He then said that countries in the process of industrialization had
achieved a great victory in the settlement reached, as for example in the
elimination of the Tariff Comitttee. The Geneva Charter had given the
Committee excessive power in respect of tariff policy, which might have
Jeopardized the small countries' first line of economic defence, their tariff
barriers.
He observed that the delegation of Uruguay Interpreted the expression
"economic region" as referring to geographically neighbouring territories
with a certain degree of economic integration.
As regarded Article 15, he said that it was well known that Uruguay had
no sympathy with preferences of any kind.
In connection with exceptional measures for economic development,
regretted that the formula decided upon was not so wide as could be desired,
if the full rights of the small countries to manufacture the raw materials they
produced were to be recognized,
In conclusion he said that in his opinion a political mistake had been
made in retaining the prior intervention of the Organization in cases which
ought to be left entirely to the Judgment of the country concerned. Its
magnitude would become apparent when parliaments were called upon to consider
the Charter.
Mr. ARES (Argentina) expressed his regret at having to record the
disagreement of his delegation with the proposed texts of Articles .13, and 15.
The Organization would acquire the necessary strength through its practical
operations and should not be granted the powers which were laid down in the
Report. No other organization had ever been granted such powers and their
possession by the Trade Organization would make ratification a difficult
problem. When the vital national interests of a country were at stake that
country had the right to decide for itself on its course of action. Further,
the guarantees and safeguards for the underdeveloped countries were
insufficient and Were less than those obtained at other International
Conferences. If these Articles were adopted his delegation reserved the
right to express its dissenting view in Plenary Session.
Mr. HOLLOWAY (Union of South Africa) asked for clarification of the
term "contracting parties" occurring in paragraph 7 (b) of the Report
(page14).
Mr. WILGRESS (Canada) replied that paragraph 1 of Article XXV of the
General Agreement provided that whenever the contracting parties acted Jointly ,
/it was so E/CONF .2/59
Page 4
it was so designated by capitalizatidn of the words "contracting parties".
Since no governments were applying the provisions of Article XXVI, the only
contrarcting parties were those applying the General Agreement pursuant to
the protocol of provisional application; there were, therefore, not two
groups at the present time.
Mr. HOLLOWAY (Union of South Africa) said in that event he would not
comment on paragraph 7 of the Report since the matter would not be referred
to his government.
With all the components of the text taking shape, including the compromise
reached by the Co-ordinating Committee, to which he would not disagree, it
was now possible to visualize the Havana Charter; he regretted that the time
and knowledge invested had not produced better resultes. His government had
not been in a position to follow the detailed work of the Conference; and he
did not anticipate with great pleasure the task of defending the present
document.
Mr. HASNIE (Pakistan) expressed appreciation of the work of the
Co-ordinating Committee. He was concerned with the wide discretion given.
the Organization in paragraph 2 (a) (i) of Article 13. He suggested a
drafting amendment to paragraph 4 (b) (i) to conform with Article 18:
"...when the charter comes into force". Pakistan could not utilize the
provisions of sub-paragraphs (1) and (ii) of paragraph 4 (b) because it had
no new industries, and sub-paragraph (iii), despite the Footnote, left much
to be desired. He suggested the word "processing" be substituted by the
phrase used in Article 54 (b) to. the effect that the development of industries
was to promote primary industries "based on domestic production". For instance,
would the manufacture of soap, which was based on a primary commodity, be
covered by sub-paragraph (iii). His point would to some extent be met if in
the footnote the word "treatment" should be substituted by the word "use"
and the phrase "for manufacture of" should be substituted by the phrase
"for manufacturing".
Failure to establish an Economic Development Committee was
disappointing to underdeveloped countries, and because of the manner in which
the Executive Board was constituted, it was doubtful whether his government
would support a Committee sot up under its aegis.
The CHAIRMAN said the specific questions raised by the delegate of
Pakistan might better be considered by the appropriate Sub-Committees.
Mr. GUTIERREZ (Cuba) suggested that the Cuban amendment
(E/CONF.2/6/Add.10) to insert the word "maintenance" in paragraph 1 of
Article 13 should be considered or that a note be added to the effect that
the word "development" covered cases where it was necessary to apply
/governmental E/CONF.2/59
Page 5
governmental measures toward the maintenance of industry or agriculture.
Article 15 was acceptable, although the establishment of new preferences
was inconsistent with the elimination of old preferences.
Regarding Annex III, it was not possible to change the text since the
United kingdom amendment to Article XXV (B) of the General Agreement provided
that entry into force must be established by the Contracting Parties at their
meeting.
Mr. POLITIS (Greece) agreed in principle with the compromise solution
offered by the Co-ordinating Committee but urged that in the future such
Committees not hold closed meetings.
Mr. BRUNDZINSKI (Poland) stated that had the Working Party been permitted
to continue its constructive work on Article 15 the Co-ordinating Committee
would have had only to work toward eliminating some few controversial points.
As it resulted, the present text was not so good as either the text of the
Working Party or that presented by the United States delegation, The latter
contained no provisions which had not been thoroughly discussed in the
Working Party, but the present text introduced the following controversial
points:
1. Compensation granted to other parties by the party receiving
preferential treatment (paragraph 4 (d)),
2. The question of the binding of tariffs and margins of
preference.
3. The provisions for termination of the Agreement (paragraph 4 (f))
4. The situation in which the Agreement was not likely to injure
Substantially, the interest of Members not parties to the Agreement
(paragraph 6 (a)).
5. The interpretative note to paragraph 4 (a).
Point 1
The omission of the phrase from paragraph 4 (d) that if such compensation
were not Practicable, preferential tariff advantages might be utilized provided
they were progressively eliminated, might jeopardize the introduction of
new preferences and make paragraphs 4, 5, and 6 valueless, The arguments
that compensatory concessions might be obtained, or the lowerig of the
most-favoured-nation rate might be practicable, or that contractual rights
to a preferential concessions would stimulate a new industry were well
founded but in normal circumstances a preferential arrangement would remain
one-sided, and that one side would receive nothing to balance the loss of
important customs revenues. Countries, poor because of underdevelopment of
war devastation, would only be faced with one more handicap in their plans
for economic development. A time limit of three years and a limitatin of
/the margin E/CONF.2/59
Page 6
the margin of preference to a certain percentage of the most-favoured-nation
rate should alleviate the fears expressed concerning compensation granted on
products not conforming to paragraph 4 (b).
Points 2 and 4
The proposed paragraph 5 was a poor substitution for the text submitted
by the United States. The near text did not bind negotiated rates and, therefore
made it possible for third parties to block preferential arrangements;
moreover, it provided for approval of margin of preference thus making
automatic approval impossible. It omitted the binding of the preferential
margin after approval and introduced the illogical provision for reduction
of unbound most-favoured-nation rate considered excessive.
By omitting the word "reasonable" and its United States definition,
automatic criteria was again removed and the Organization would be allowed
to define the purposes and the necessary period of time. Further, the
preferences simply disappeared instead of being negotiable on a mutually
advantageous basis.
The main objectives of the Working Party had been to make the criteria
objective and to prevent blocking of justified preferential arrangements
by third parties. The American proposal was satisfactory in that respect
but the text presented by the Co-ordinating Committee was not, Both texts
failed to take practical considerations into account by prohibiting the
introduction of compensatory preferences. The United States text of
paragraphs 4 (f) and 5 should to followed and paragraph 4 (d) should be amended
as indicated above,
Mr. JIMENEZ (El Salvador) said that the compromise solutions put forward
by the Co-ordinating Committee were satisfactory to his delegation because
they did not demand of his country impossible concessions which would
stultify its economic development. The Central American countries, no longer
insisted on their right to establish a special preferential arrangement,
although such an arrangement would not have jeopardized the expansion of
international trade. They would accept the new text of Article 15, in
spite of its restrictions, because it would prevent the renewal of unjustified
preferences.
Mr. BRAGA (Brazil) expressed the view that the scope and complexities
of the issues before the Conference made it impossible to achieve a solution
which would be satisfactory to all delegations. In a spirit of compromise,
therefore, he accepted the results of the work. of the Co-ordinating Committee.
The position of the Brazilian delegation concerning preferences was
well known to the Conference. It had always regarded them as a hindrance
/to the expansion E/CONF.2/ 59
Page 7
to the expansion of trade rather than as an aid to economic developmept. To
meet the views of the Latin American countries in general, and the special
cases of the Central American and Arab countries, he was prepared to approve
the new text of Article 15. The other solutions put forward by the
Co-ordinating Committee could be regarded as entirely satisfactory
Mr. DOMOND (haiti) pointed out that his country suffered severely as a;
result of preferences and that no provision had been included in the Charter
to take into consideration this situation. He hoped that it would be possible
to insert some wods in Article 0.7 which would give satisfaction to his
Government.
Mr. COOMBS (Australia) felt that the texts put forward by the
Co-ordinating Committee represented the best practicable solution which would
be acceptable to a sufficiently large number of countries including those
the adherence of which was necessary for the establishment of ITC.
Mr. HAIDER (Iraq) drew attention to the fact that his country formed
part of a region which for centuries had been the richest in the world and
which was at the cross-roads of international commeron, To raise the
standards of living ot their peoples, the countries of that region had formed
the Arab League and had put into effect a series of development programmes.
As these programmes had only been initiation recently, the Charter and, in
particular, the passages of the Charter which had been referred to the
Co-ordinating Committee had considerable applications in their Connection.
The Arab countries recognized that the work of the Co-ordinating Committee
represented a compromise and to that end they were prepared to accept the-new
text of Article 13 and the solution put forward with respect to the proposed.
Economic Development Committee. article 15, however, was of particular
interest to the Arab countries because until the first World War they had
formed one economic unit and when, after the war, they had become separated.
units, they had reserved their right to establish a preferential system The
League of Nations had recognized that right although the Arab countries had been
forced to grant most-favoured-nation treatment to certain countries on a
non-reciprocal bacis.
Because of the implication contained in the last sentence of paragaph 6 (d).
that one country could refuse to recognize the right of the Arab countries
to form a single economic unit, Mr. Haider requested its deletion. He also
wished it to be understood that the terms of paragraph 4 (f), would not cancel
that right. In connection with paragraph 5, he asked for clarification of
the meaning of the word "proposed". In his opinion, if a Member maintained its
most-favoured-nation rate of duty at the same level at which it had been before
the agreement, that Member was not "proposing a rate of duty, and therefore,
/the approval E/CONF.2/59
Page 8
the approval of the Organization would not be required. It was only when the
most-favoured-nation rate of duty was raised in anticipation of a preferential
agreement or in connection with it, that a rate of duty was being proposed",
which would be subject to the approval of the Organization.
In paragraph 6 (a), he suggested the substitution of the phrase "cause
substantial injury to the total external trade of Members" for the words
"injure substantially the interests of Members".
He felt that paragraph 6 (c) contained a form of veto. If all but one
Member had approved the establishment of a particular preferential agreement,
that Member should not be allowed to prevent the agreement because of its
"economic position."
Mr. Raider said that he would be unable to approve the new text of
Article 15 until the points which he had raised had been dealt with and the
final result approved by his Government.
Mr. MAHADEVA (Ceylon) associated himself with the remarks of the
representative of Pakistan concerning the Economic Development Committee. He
recognized that the work of the Co-ordinating Committee represented a
compromise but had to reserve his position concerning it until he had received
instructions from his Government.
The PRESIDENT felt that the overall settlement proposed by the
Co-ordinating Committee was satisfactory to a substantial majority of the
meeting and therefore proposed that it be accepted.
Mr. MALIK (India) said that while he was willing to accept the overall
settlement, he would still have to reserve his position on Article 94, new
Article 83 (a) and Article 18 (a).
Mr. D'ASCOLI (Venezuela) wished it to be clearly understood that the
overall settlement which he was prepared to accept referred only to the
solutions offered by the Co-ordinating Committee.
Mr. KUNTER (Turkey) reserved his position concerning Article 13 pending
instructions from his Government. He also reserved his position on Article 15
pending a decision on the Turkish amendment to Article 16. He wished it to
be recorded that in his view it would have been desirable to have had an
Economic Development Committee.
Mr. PEREZ (Dominican Republic) reserved his position on the texts put
forward by the Co-ordination Committee pending instructions from his
Government.
Mr. SAWAF (Syria) said that while on the whole he was prepared to accept
the overall settlement, he had to associate himself with the remarks of the
representative of Iraq concerning Article 15.
/Mr. BRUNDZINSKI (Poland) E/CONF.2/59
Page 9
Mr. BRUNDZINSKI (Poland) reserved the right to raise the question of
Article 15 in the appropriate Sub-Committee.
Mr. ZAFRA (Philippines) reserved his position pending instructions
from his Government.
Mr. HASNIE (Pakistan) said that, subject to the remarks which he had
made earlier in the debate, he would accept the proposed overall settlement.
The PRESIDENT announced that he considered the overall settlement approved
by the meeting. The various texts would be referred to the appropriate
Sub-Committees and as the substance of them had been accepted, it would be
purely a question of drafting.
The representatives of Poland, United Kingdom and Iraq reserved their
right to raise points of substance in connection with the Co-ordinating
Committee texts.
Mr. MacCARTHY (Ireland) reserved his position on the Co-ordinating
Committee texts.
Mr. MADJID (Afghanistan) reserved his position on the Co-ordinating
Committee texts pending a decision on Article 75.
Mr. SAWAF (Syria) said that his acceptance of the Co-ordinating
Committee texts was subject to the understanding that the various
Sub- Committee would decide whether the various points raised in connection
with them were substantial or drafting changes.
Mr. AUGENTHAULER (Czechoslovakia), supported by the representative of
Australia, moved the adjournment of the meeting.
The meeting rose at 1.35 p.m. |
|
GATT Library | dn340tz8749 | Heads of Delegations. Summary record of the Meeting : Held at the Capitol, Havana, Cuba Wednesday, 4 February 1948 at 11.30 a.m | United Nations Conference on Trade and Employment, February 4, 1948 | 04/02/1948 | official documents | E/CONF.2/37 and E/CONF.2/14-15/REV.1 | https://exhibits.stanford.edu/gatt/catalog/dn340tz8749 | dn340tz8749_90040092.xml | GATT_145 | 405 | 2,853 | United Nations Nations Unies
CONFERENCE CONFERENCE RESTRICTED E/CONF.2/37
ON DU 4 February 1948
TRADE AND EMPLOYWENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
HEADS OF DELEGATIONS
SUMMARY RECORD OF THE MEETING
Held at the Capitol, Havana, Cuba
Wednesday, 4 February 1948 at 11.30 a.m.
President: Mr. Sergio I. CLARK (Cuba)
CONSIDERATION OF THE REPORT OF THE GENERAL COMMITEE REGARDING THE
COMPOSITION AND FUNCTIONS OF A CO-ORDINATING COMMITTEE (E/CONF.2/36)
Paragraph (a)
The PRESIDENT, referring to the composition of the Co-ordinating
Committee, pointed out that Mr. Sahlin (Sweden) had asked to be excused
from membership of that Committee, and emphasized the great loss which
the Committee would suffer on that account. He called for nominations to
fill the vacancy in the membership of the Committee.
Mr. MULLER (Chile) expressed his regret that Mr. Sahlin had decided,
not to take part in the work of the Co-ordinating Committee, and suggested
that a member of the French delegation should be nominated to take his place.
Mr. SAHLIN (Sweden) supported the proposal of the representative of
Chile.
Mr. CHARLONE (Uruguay), Mr.RYDER (United States of America)and
Mr. AUGENTHALER (Czechoslovakia), supported the remarks of the representative
of Chile; the representative of Czechoslovakia suggesting that
Mr. Wunsz King (China) should also be nominated a member of the Co-ordinating
Committee.
Mr. FERREIRA-BRAGA (Brazil), Mr. ADARKAR (DARiR iIndla), U NYUN (Burma),
Mr. POLITIS (Greece) and Mr.TINOCO (Costa Rica) shared the regrets
expiessed In connection with Mr. Sahlin's request to be excused from
hipbereip Cf mhe momnittee, and supported the proposal made by the
representative of Chile that a member of the French delegation should be
nominated to take Mr. Sahlin's place, and the proposal of the representative
of Czechoslovakia that Mr. Wunsz King (China) should also be elected to
membership.
The proposals that a member of the French delegation and
Mr. Wunsz King (China) should serve as members of the Co-ordinamting Comittee
were appoved unanimously.
/Pap r phs ( ragab), Page 2
Paragraphs (b), (c), (e), (f), (g) and (h) were approved without
comment.
In connection with paragraph (d), Mr. D'ASCOLI (Venezuela) wished it
to be clearly understood that the Committee could concentrate its activities
on any question which directly affected economic development, that is, that
economic development was not to be understood in any limited sense.
Mr. TINOCO (Costa Rica) felt that that interpretation was the only one
which could be placed upon the paragraph.
Paragraph (d) was proved.
The meeting rose at 12.05 p.m. |
|
GATT Library | tb951fs0669 | Heads of Delegations. Summary record of the Meeting : Held at the Capitol, Havana, Cuba Wednesday, 4 February 1948 at 11.30 a.m | United Nations Conference on Trade and Employment, February 4, 1948 | 04/02/1948 | official documents | E/CONF.2/37 and E/CONF.2/14-15/REV.1 | https://exhibits.stanford.edu/gatt/catalog/tb951fs0669 | tb951fs0669_90040092.xml | GATT_145 | 0 | 0 | ||
GATT Library | rb940ws0987 | Heads of Delegations. Summary record of the Meeting : Held on 31 January 1948 at 3.00 P.m | United Nations Conference on Trade and Employment, January 31, 1948 | 31/01/1948 | official documents | E/CONF.2/33 and E/CONF.2/14-15/REV.1 | https://exhibits.stanford.edu/gatt/catalog/rb940ws0987 | rb940ws0987_90040088.xml | GATT_145 | 2,686 | 17,173 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF. 2/33
ON DU 31 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
HEADS OF DELEGATIONS
SUMMARY RECORD OF THE MEETING
Held on 31 January 1948 at 3.00 P.m.
President: Mr. CLARK (Cuba)
The President drew attention to the great loss which humanity had
suffered in the death of Mohandas K. Gandhi.
On behalf of the representatives of the Near and Middle Eastern countries,
Mr. DJEBBARA (Syria), expressed the profound sorrow which Gandhi's death
had caused. His whole life had reflected the triumph of the spirit over
violence and had been devoted exclusively to the good of others. It was
tragic that he was no longer alive to lead people to peaceful and humanitarian
solutions but his spirit would survive and would serve as a guide to all men.
Mr. MALIK(India) expressed the deep gratitude of his delegation for
the sympathy and kindness which had been shown at this time of grief and
trial. Gandhi had been a true son of India because he had lived for India's
ideals of universal brotherhood, tolerance and love. He had also been the
father of India because in large part he had made India what it was today.
He had belonged to the whole world because of his humanity, not only India
but the whole world had need of such as he.
The meeting observed one minute's silence in memory of the passing of
a great man.
CONSIDERATION OF THE EXPLANATORY STATEMENT BY SIXTEEN LATIN-AMERICAN
DELEGATIONS (DOCUMENT E/CONF.2/32).
Mr. CHARLONE (Uruguay) read the statement on behalf of the delegations
of Argentina, Bolivia, Brazil, Colombia, Costa Rica, Chile, Dominican Republic,
Ecuador, EL Salvador, Guatemala, Haiti, Mexico, Panama, Peru, Uruguay, and
Venezuela.
REPORTS ON THE PROGRESS OF WORK OF THE SECOND, THIRD AND SIXTH COMMITTES.
Mr. ABELLO (Philippines), Chairman of the Second Committee, said that
the Committee had completed the second reading of Articles 8 and 12. The
Joint Sub-Committee of the Second and Sixth Committees had practically
reached agreement on the texts of Articles 9, 10 and 11. The only substantial
/issue outstanding E/CONF.2/33 Page 2
issue outstanding was that relating to the proposal of Mexico for the
establishment of an Economic Development Committee, on which a debate had
already taken place. That question was closely linked with the question
of the Tariff Committee, therefore, the two issues would have to be solved
together, and it was expected that agreement would be reached.
The Sub-Committee on Articles 13 and 14 had approved an amended text
of part of Article 13 to cover measures inconsistent with a negotiated
commitment but not inconsistent with the provisions of Chapter IV. As
regards measures in conflict with a non-negotiated commitment, that is
with the provisions of Chapter IV, discussions were nearing completion on
a draft which would require prior approval but which set forth a more
expeditious procedure than that contained in the Geneva draft. The
Working Party appointed by the Joint Sub-Committee of the Second and Third
Committees was preparing a revised text for Articles 15 and 42, and it was
expected that the changes being made, in those Articles would satisfy the
delegations that had proposed greater freedom for the establishment of
new preferential arrangements. Discussions in the Second Committee, and in
the Sub-Committee, of the amendments proposed to those Articles had been
highly constructive, and representatives who held opposing views on the
various problems presented had shown an encouraging spirit of conciliation.
Mr. Abello felt that agreement could be reached on all Articles of Chapter III
by the end of the following week.
Mr.. WILGRESS (Canada), Chairman of the Third Committee, reported that
all of the Sub-Committees appointed by the Third Committee had been making
steady and satisfactory progress and should be ready to report by the end
of the following week. The Sub-Committees appointed to deal with the
last three sections of Chapter IV, namely, those dealing with State Trading,
General Commercial Provisions, and Special Provisions, had completed their
work. The Sub-Committee on Subsidies should finish in a few days. Thus
it might be stated that out of the twenty-eight Articles of the Draft
Charter referred to the Third Committee, consideration by the Committee
in second reading of eighteen of these Articles should be completed in less
than a week from today. The Sub-Committees of the first two sections of
Chapter IV, namely, those dealing with the complicated questions of Tariffs,
Preferences, National Treatment and Quantitative Restrictions, should be
ready to report by the following Saturday on all the matters referred to
them. Thus the consideration in second reading by the Third Committee of
the remaining ten Articles assigned to it should be possible in the week
commencing 9 February.
/JOINT E/CONF. 2/33
Page 3
JOINT SUB-COMMITTE ON TARIFF PREFFRENCES
The Working Party appointed by the Joint Sub-Committee of the Second
and Third Committees on tariff preferences and customs unions was preparing
revisions of Articles 15 and 42, and, as the Chairman of the Second Committee
had indicated, it was hoped that the changes that were being made in those
Articles Would be found satisfactory. The Sub-Committee's report on
Articles 15, 16 and 42 was expected by the end of the following week.
SUB-COMMITTEE A - TARIFF NEGOTIATIONS, NATIONAL TREATMENT AND FILMS.
Sub-Committee A had approved a redraft of Article 17. The only
principal issue on which agreement had not been reached concerned the
procedure in the event of the failure of a Member to negotiate for the
reduction of tariffs and elimination of preferences. On paragraph 3 the
Sub-Committee, acting jointly with the Sub-Committee of the Sixth Committee
on Article 81 (Tariff Committee), had established a working party to consider
what organizational machinery would be required to implement the provisions
of Article 17. It was anticipated that all those differences of opinion
would be resolved .
Articles 18 and 19 had been referred to working parties, a provisional
redraft of Article 18 had been formulated, which it was believed would be
acceptable to most of the Members of the Sub-Committee, and it was anticipated
that differences of opinion regarding Article 19 could be resolved. The
Sub-Committee's report should be ready a week from today.
SUB-COMMITTEE B - NON-DISCRlRIMINATION IN SERVICES
Opinion had been divided in the Sub-Committee dealing with the
Norwegian proposal for a new Article (18 A) to prevent discrimination in
the shipment and insurance of imports and exports, but there was some prospect
that an acceptable solution would be found.
SUB-COMMITTEE C - GENERAL COMMERCIAL PROVISIONS
Sub-Committee C on Articles 32 to 39 had reported to the Third Committee
that morning.
SUB-C0MMITTEE D - SPECIAL PROVISIONS
The report of Sub-Committee D on Articles 40, 41 and 43 was completed
and the Third Committee would deal with it at the first opportunity.
SUB-COMMITTEE E - GENERAL ELIMINATION AND NON-DISCRIMINATORY ADMINISTRATION
OF QUANTITATIVE RESTRICTIONS.
The nine Working Parties of Sub-Committee E on Articles 20 and 22 were
completing their work. The proposals of Argentina and Chile to permit the
free use of quantitative restrictions without prior approval for purposes of
economic development were still under consideration, but with the possible
/exception E/CONF. 2/33
Page 4
exception of that one question the Sub-Committee would have its report ready
by the end of the following week.
SUB-COMMITTEE F -BALANCE OF PAYMENTS PROBLEMS AND EXCHANGE ARRANGEMENTS
The Working Parties on Articles 21 and 24 were almost ready to report,
but owing to the complexity of the problems with which it was dealing the
Working Party on Article 23 had made slow progress and another week might be
required for the completion of its report.
SUB-COMMITTE G - THE SWISS PROPOSAL
The Sub-Committee which was considering the proposal of the Swiss
delegation for an important exception to the provisions of Chapter IV was
still engaged in analyzing the basic issues involved.
SUB-COMMITTEE H - SUBSIDIES
It was now expected that the differences of views on export subsidies
would be resolved and that Sub-Committee H on Articles 25 to 29 would be able
to report by the following Wednesday or Thursday.
SUB-C0MMITTEE J - STATE TRADING
The work of Sub-Committee J on Articles 30 and 31 had been completed
and the report would be presented to the Third Committee within a few days.
Mr. COLBAN (Norway), Chairman of the Sixth Committee, said that the
report of the Sub-Committee dealing with the question of the composition of
the Executive Board would be submitted to the Sixth Committee on the following
Monday morning. The question of voting, which had been mentioned in the
Executive Secretary's note, was also on the agenda of that meeting. The
Sub-Committee dealing with Articles 89, 90 and 91 relating to the procedure
to be followed for the settlement of differences and the way in which recourse
might be had to the International Court of Justice, was still examining those
problems. Article 93 - relations with non-Members - was being considered by
a Sub-Committee, and Mr. Colban emphasized that as no agreed proposal on this
subject had been put forward by the Preparatory Committee, it was quite
natural that there would have to be a considerable exchange of views before
a solution was reached. The working party set up to examine the problem of
an Interim Commission of the ITO was making considerable progress. The
Sub-Committee which would deal with Article 1 of the Charter would have to
defer the flnal drafting of that Article until the final shape of the Charter
was known.
Mr. WILCOX (United States) said that he would like to speak first about
the significance of the achievement of this conference to date. In Chapter II
of the Charter a document had been completed which involved the first
international recognition of the relation between domestic stabilization policy
/and international E/CONF.2/33
Page 5
and international trade policy, between domestic labour standards and
competitive situations in international trade and the first commitment on
the part of governments to maintain domestic employment and domestic labour
standards in the interest of maintaining an-improved relationship in
international trade.
In Chapter V of the Charter, had been completed the first approach ever
made in any international instrument toward international action with respect
to restrictive business practices. In Chapter VI of the Charter, had been
completed the first international agreement among a group of more than fifty
countries on the general principles of commodity policy.
In addition to that, Section E of Chapter IV was now before Committee III,
in second reading. Here again there was unprecedented international agreement,
dealing first with freedom of transit, a matter which was of particular
importance to countries which did not have direct access to the sea and dealing
also with such difficult subjects as anti-dumping and countervailing duties,
valuation for customs purposes, formalities connected with imports and exports,
marks of origin, publication and administration of trade regulations and
information statistics and trade terminology. In this area the negotiations
among eighteen countries at London were hopelessly snarled and it appeared that
agreement was impossible. There was now agreement at Havana among more than
fifty countries and that alone in the eyes of some, would have justified the
labours of the Conference.
Elsewhere large blocks of work were virtually completed. This was true
of Articles 9 to 12 on development and investment, of all but one or two of
'the remaining sections of Chapter IV on commercial policy, of five of the
six sections in Chapter VII; of all of Chapter VIII and of all but one or two
Articles in Chapter lX. Matters which appeared at the outset of this meeting
to present insuperable obstacles to agreement were now virtually closed. This
was the case with Article 12 on investment with Article 17 on negotiations
with respect to tariffs and preferences and the related provisions of
Article 13 on release from negotiated commitments. This was also true of the
question of voting in the I.T.O. Conference and the question of the
composition of the Executive Board. This was work which could now be
regarded as largely completed and it narrowed down the important questions
which remained open to a very few points.
First, there were the related questions of the Tariff Committee and the
Economic Development Committee. Secondly, there was the question of the use
of quantitative restrictions for protective purposes which was raised in
Articles 20 and 13. Thirdly, there was the problem of new preference customs
unions and free trade areas which was raised in Articles 15 and 42
' each case, E/CONF.2/33
Page 6
In each case, the lines along which a solution to these problems might
be found already had been clearly indicated; in the case of the Tariff
Committee and the Economic Development Committee along the lines of a note
circulated this morning by the delegations of Australia, Mexico and the
United States (document E/CONF.2/W.15); in the case of release from
non-negotiated commitments under Article 13, along the lines, of a compromise
draft prepared by the delegation of Brazil; in the case of new preferences
customs unions and free trade areas, along the lines suggested by the
delegations of Poland, Lebanon and Syria and developed further by the
Chairman of the Working Party, the representative of France.
There were three other matters on which unfortunately the work of the
Conference was not so far advanced; balance of payment problems, relations
with non-members, and the determination as to how the trade of occupied
areas was to be fitted into the general pattern of world trade. These
problems presented their difficulties but they were not insoluble.
In connection with the proposal made by the sixteen delelgatlons from
Latin-America, Mr. Wilcox passed over without comment certain statements
made in the communication with respect to matters on which the position of
his delegation was well known. He read, however, the paragraph which presented
the proposal itself, which began with the words "It seems to us...." The
proposal was similar to one which had been made by the ExecutIve-Secretary of
the Conference two weeks earlier. He had opposed the proposal at that time
on the grounds that it might retard, rather than advance the work of the
Conference. Now, however, the proposal appeared with the authority of sixteen
delegations. He still felt that the proposed co-ordinating group might add a
fifth wheel to a machine that already was operating at a good rate of speed
and with a fair degree of efficiency. Many delegations were apprehensive that
such a group might be tempted to go back over grounds that had already been
covered and re-open questions that were now regarded as closed. They also
feared that it might obstruct rather that facilitate the current work of the
main Committees, Sub-Committees and Working Parties of the Conference.
However, that was not the purpose of the sponsors of the projecta as their
letter explicitly said: "A special group ... 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 ... would
help to find formulas of agreement which ... could only result i nfacilitation
of the work of these organs...".
On that basis, his delegation had come to the conclusion that the
proposal should be accepted not because further conference machinery was
really necessary or desirable but because the proposal was a reasonable one and
the very fact that it had been advanced in the name of sixteen delegations
/afforded E/CONF. 2/33
Page 7
afforded sufficient Justification for its acceptance.
Mr. Wicox then presented the following motion:
"1. That this meeting of Heads of Delegations approve in principle the
creation of a co-ordinating group and
2. That the General Committee of the Conference be instructed to
proceed forthwith to make such detailed provision as may be neceesary for
its establishment."
The CHAIRMAN, replying to Mr. ZORLU (Turkey), said that any proposals
made by the General Committee regarding membership of the co-ordination group
would be submitted to the meeting of Heads of Delegations for the latter's
consideration.
The motion submitted by the delegation of the United States of America
was approved.
The meeting rose at 4.15 p.m. |
|
GATT Library | td541gw8790 | Heads of Draft Special Exchange Agreement between G.A.T.T. Contracting Party X and the Contracting Parties. Proposal of the Representative of New Zealand | General Agreement on Tariffs and Trade, November 1, 1948 | General Agreement on Tariffs and Trade (Organization) and Committee of Contracting Parties on Special Exchange Agreements | 01/11/1948 | official documents | GATT/CEA/W3 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/td541gw8790 | td541gw8790_90310158.xml | GATT_145 | 379 | 2,399 | - 83 -
RESTRICTED
1 November, 1948
English only
GENERAL AGREEMENT ON TARIFFS AND TRADE
COMMITTEE OF CONTRACTING PARTIES ON SPECIAL
EXCHANGE AGREEMENTS
Heads of Draft Special Exchange agreement
between G. A. TT. Contracting Party X and the CONTRACTING
PARTIES
Proposal of the Representative of New Zealand
1. The objectives of this Agreement comprise so much of the
objectives of the G.A.T.T. as relate to -
(a) Prevention of unnecessary damage to trade between
the contracting parties resulting from exchange
instability;
(b) Avoidance of damage to trade arising from competitive
exchange depreciation among the contracting parties;
(c) Assistance in the establishment of a multilateral
system of trade between the contracting parties;
(d) Elimination of foreign exchange restrictions which
hamper the growth of mutual trade between the
contracting parties.
2. Country X undertakes not to frustrate by exchange action the
objectives of this Agreement or the intent of the provisions
of the GATT
3. Country X undertakes not to seek to derive from the fact
that it is not a member of the I.M.F. any unfair advantage,
as against other contracting parties, in trade matters
covered by the G.A.T.T. In particular it will not seek by
exchange action to achieve any measure either of protection
for its domestic industry or production, or of discrimination
between the commerce of other contracting parties, which
would not be permitted to it if it were a member of I.M.F.
4. An exchange measure shall not be deemed to be incompatible
with the undertakings in paragraphs 3 and 4. if such measure
could be taken in comparable circumstances by a contracting
party which is also a member of the I.M.F.or if the purpose
of the measure is to make effective trade action permitted
under G.AT.T.
5. Whenever the contracting parties shall submit any question
arising from this agreement for determination by the Fund
in terms of Article XV (2) of G.A.T.T, the contracting parties
will request the Fund to admit representations both oral
and in writing by country X as a prewaquisite to such
determination.
6. This Agreement subject in all respects to the relevant
provisions of the G.A. T.T.
7, This Agreement shall be terminable under the same conditions
as are, for the time being, applicable to country X in
respect of the GATT. |
GATT Library | yc253jf1289 | ICITO discontinues examination of Swiss Trade problem | United Nations Office at Geneva Information Centre, September 30, 1948 | I.C.I.T.O. : Executive Committee and United Nations Office at Geneva Information Centre | 30/09/1948 | press releases | Press Release No.628 and PRESS RELEASE NO.420-628 | https://exhibits.stanford.edu/gatt/catalog/yc253jf1289 | yc253jf1289_90260252.xml | GATT_145 | 442 | 2,829 | UNITED NATIONS OFFICE AT GENEVA Press Release No. 628
Information Centre 30 September 1948
I.C.I.T.O. : EXECUTIVE COMMITTEE
Second Session
ICITO DISCONTINUES EXAMINATION OF
SWISS TRADE PROBLEM
One of the tasks given to the Interim Commission of the
International Trade Organization by the Havana Conference was
to consult with the Government of Switzerland concerning the
effect of the Havana Charter on Switzerland's trading position.
Switzerland does not suffer today from balance of payments
difficulties. She exports a great deal to countries in such
difficulties. The Havana Charter will allow these latter
countries to restrict their imports within certain rules. If
they take this action, the effect may be to threaten Switzerland
with unemployment, particularly if at the same time these
countries see, to direct their exports to the Swiss markets when
they sell for "had" currency.
As it stands, the Havana Charter does not state what
Switzerland may do to safeguard her interests. This problem
could not be examined in detail at the Havana Conference.
Therefore the Interim Commission of ITO was authorized to take it
up with the Swiss Government.
At the Second Session of the Executive Committee of ICITO,
held from the 25 August to the 17 September 1948 at Geneva, an
ad hoc working group, under the chairmanship of Max Suetens,
Belgium, (Chairman of ICITO) was established in order to make
arrangements with the Swiss Government looking towards the imple.
mentation of the Havana Conference decision.
The working groups initial plan for an enquiry to be
conducted by experts in cooperation with a person familiar with
the Swiss economy to be nominated by the Swiss government was
not acceptable to the Swiss representative, M. '.alter Stucki.
The working group was therefore empowered - and its terms of
reference were agreed on September 15 by the executive
Committee - to discuss the various aspects of the question
with representatives designated by the Swiss Government and also
to obtain expert advice, with a view to submitting its report
to the Executive Committee at its third Session.
Following its consultations with M. Stucki, the working
group concluded that they could not, at the present time, usefully
address further questions to the Swiss Government with a view to
framing any precise conditions and relaxations on which the
Swiss Government could enter ITO. They decided that, while
the way should remain open for consultations at any time between
the Swiss Government and the Executive Committee on the
initiative of either, no good purpose would be served by nominating
expert advisors to study the problem of the Swiss economy and no
further meeting need be held prior to the Third Session of the
Executive Committee. |
GATT Library | jz895nb4614 | India: proposed amendments to suggested redraft of Article 12 (E/CONF.2/C .2/B/W.7) | United Nations Conference on Trade and Employment, January 13, 1948 | Second Committee: Economic Development and Sub-Committee B on Article 12 | 13/01/1948 | official documents | E/CONF.2/C.2/B/W.8, E/CONF.2/C.2/B/W.1-14, and C.2/C/W.1-13 | https://exhibits.stanford.edu/gatt/catalog/jz895nb4614 | jz895nb4614_90180310.xml | GATT_145 | 140 | 1,154 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF. 2/C .2/B/W.8
ON DU 13 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMITTEE B ON ARTICLE 12
INDIA: PROPOSED AMENDMENTS TO SUGGESTED REDRAFT OF ARTICLE 12
(E/CONF.2/C .2/B/W.7)
The Indian delegation proposes the following amendments:
1. Amend sub-paragraph (c) (i) of paragraph 1 as fo1lcws:
To establish appreciate safeguards with respect to
foreign investment, including measures necessary to ensure
that such investment is not used as a basis for interference
in the internal affairs or national policies of Members.
2. Amend sub-paragraph (a) of paragraph 2 as follows:
Subject to sub-paragraph (c) of paragraph1 above and
consistently with nationa l laws affecting investments in
general, to provide reasonable opportunities for foreign
investments acceptable to them and adequate security for
existing and future foreign investments. |
GATT Library | mg569hv5791 | Informal analysis of amendments to Articles 13 and 14 by Secretariat | United Nations Conference on Trade and Employment, January 5, 1948 | Second Committee: Economic Development and Sub-Committee C (Articles 13 and 14) | 05/01/1948 | official documents | E/CONF.2/C.2/C/W.1, E/CONF.2/C.2/B/W.1-14, and C.2/C/W.1-13 | https://exhibits.stanford.edu/gatt/catalog/mg569hv5791 | mg569hv5791_90180318.xml | GATT_145 | 3,459 | 23,390 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
RESTRICTED
E/CONF. 2/C. 2/C/W .1
5 January 1948
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMITEE C ON ARTICLES 13 AND 14
INFORMAL ANALYSIS OF AMENDMENTS TO ARTICLES 13 AND 14
BY SECRETARIAT
(1) The following documents* contain the
amendments submitted to Articles 13 and 14:
(i) Revised Annotated Agenda - E/CONF.2/C.2/9
Article 13 - pages 29-54 inclusive
Article 14 - pages 55-60 inclusive
together with additional paragraph
proposed by Turkey appearing
erroneously on page 63
(ii) Amendments proposed by Uruguay to
Articles 13 and 14 E/CONF.2/C.2/6/Add.23
(iii) Amendments proposed by chile e to Article 13
E/CONF. 2/C.2/9/Add.1
E/CONF.2/C.2/9/Add.1/Corr.1
(iv) Argentine amendment to Article 14:
corrigendum to include Argentine proposal
to delete paragraph 2 of Article 14
E/CONF.2/C.2/9/Corr.5
(v) Supplement to Revised Annotated Agenda
containing all other addenda and corrigenda
to date and containing particularly addenda
and corrigenda regarding Turkish and
Ecuadorian amendments to Article 13
E/CONF.2/C.2/9/Add.4/Corr.3
(2) The amendments to Article 13 may be divided into
three categories:
(A) Amendments relating to obligations under
Chapter IV other than obligations assumed
through negotiations (hereafter called non-
negotiated commitments).
* The suggestions of the International Chamber of Commerce contained in
E/CONF.2/C.2/9/Add.2 and E/CONF.2/14 are not included in these documents.
/(B) Amendments
Documents
Article 13: E/CONF.2/C.2/C/W.1
Page 2
Article13:
(continued)
Article 13:
Category (A)
Amendments -
Non-negotiated
Commitments
* Corrected as shown
(B) Amendments relating to obligations assumed
through negotiations (hereafter called
negotiated commitments).
(C) Other amendments.
(3) The amendments relating to non-negotiated
commitments fall into three categories.
(a) There are amendments by Chile and Iraq
connected with Article 14. The amendment
proposed by Iraq appearing on page 32 of
the Revised Annotated Agenda provides
that "The Organization shall not raise
any objection against any non-
discriminatory protective measures
instituted by a Member for the purpose of
its economic development, if a measure of
a similar nature is maintained under
similar conditions by any other Member of
the Organization in accordance with
Article 14."
The amendment proposed by Chile appearing
at the top of E/CONF.2/C.2/9/Add.1 provides
that the Organization shall authorize
measures .ubmitted pursuant to Article 14
"if they are essential elements of the
national economy and if their withdrawal
might seriously jeopardize the existenc
of national industries, the equilibrium of
the balance of payments or the maintenance
on a sound footing of the national
finances of the Member corcerned."
(b) There are amendments proposed by China,
Colombia, Cubs and Chile which, within a
procedure laid down for approval by the
Organization, make provision for
circumstances under which the Organization
"shall" give its approval. The Colombian
amendment appeariing on page 30, and the
Cuban amendment appearing on page 31 of the
Revised Annotated Agenda and the Chilean
amendment listed second from the top in
E/CONF.2/C.2/9/Add.1* like paragraph 4 (b)
in E/CONF.2/C. 2/9/Add.1/Corr.1
/of the E/CONF. 2/C.2/C/W.1
Page 3
Article 13:
Category (A)
Amendments -
Non-negotiated
Commitments
(continued)
of the Geneva draft all state
circumstances under which the Organization
shall release a Member from obligations.
Tho Chinese amendment appearing on pages
35 and 36 of the Revised Annotated Agenda
includes inter alia a revision of
paragraph 4 (c) of the Geneva draft so as
to make it another case, when the
Organization shall concur in a measure.
The Chilean amendment is very far-reaching
and is parallel with the Chilean proposal
(see page 1 of E/CONF.2/C.3/7) to add
the following sub-paragraph in paragraph 2
of Article 20 which provides for
exemptions to the general elimination of
quantitative restrictions:
"Import restrictions on industrial
products applied by Member countries
in an early stage of economic
development for the sole purpose of
protecting the growth of industries
which are necessary for their sound
and normal development and raising
the living and consumption standards
of its population."
(c) There are other amendments mainly
comprehensive amendments and redrafts
affecting the whole of that part of
Article 13 concerned with non-negotiated
commitments. These are arranged as far as
possible commencing with the most
far-reaching amendments and ending with
the least far-reaching.
(i) The Argentine amendment appearing on
pages 39, 40, 41 and 42 of the
Revised Annotated Agenda maintains
paragraph 2 (a) of the Geneva draft
subject to acceptance of amendments
or reservations proposed in the
wording of Chapter IV. Paragraph 2
(b) is retained uncharged and
/paragraph 2 (c) E/CONF.2/C.2/C/W.1
Page 4
Article 13:
Category (A)
Amendments -
Non-negotiated
Commitments
(continued)
(ii)
* Paragraph 4 (c) as redrafted in the
negotiated commitments.
paragraph 2 (c) is amended so that
the Organization examines the proposed
measure but not in order to determine
whether it concurs in it. Since
paragraphs 4 and 5 of the Geneva
draft are deleted in the Argentine
amendment*, Members would appear to
have complete freedom to adopt
measures in conflict with non-
negotiated commitments subject only
to notification to the Organization
and the right of the affected Members
to transmit their views to the
Organization and the duty of the
Organization to examine the measures.
In this connection attention is drawn
to the Argentine proposal to include
the following paragraph in Article 20
exempting Members from the obligation
not to impose quantitative restrictions
imposed by paragraph 1 as listed on
page 1 of E/CONF.2/C.3/7:
"Countries which are at an early
stage of industrial development
and those which have not reached
an advanced stage of
industrialization as a whole shall
in conformity with the purposes
and objectives set forth in
Chapter 1 of this Charter, not
be required to apply the
provisions of paragraph 1 of
this Article."
The Uruguayan amendment appearing in
E/CONF.2./C.2/9/Add.23 provides for the
deletion of paragraphs 4 and 5, the
retention of paragraphs 2 (b) and (c)
and the modification of paragraph 2
(a) of the Geneva draft so that a
Member may adopt measures in conflict
with non-negotiated commitments
subject to notification to the
Argentine amendment relates solely to
/Organization E/CONF.2/C 2/C/W.1
Page .5
Article 13:
Category (A)
Amendments -
Non-negotiated
Commitments
(continued)
Organization and the Members of the
Organization to the right of any
Member to transmit its views to the
Organization and to the duty of the
Organization in such circumstances to
examine the measures.
(iii) The Indian amendment appearing on
pages 46 and 47 of the Revised
Annotated Agenda permits Members to
adopt non-discriminatory measures in
conflict with Articles 18, 20 or 31
for specified purposes and subject
to the suitability of the measure
for the purpose. The only redress
is that if it is determined that
serious prejudice to the interests
of other Members is caused or
threatened, "the Member applying the
measure shall, upon request, discuss
with the Organization the possibility
of liberalizing the measure".
(iv) The Ecuadorian amendment appearing on
page 29 of the Revised Annotated
Agenda proposes to allow Members
freedom to take at their own
discretion such measures as in their
judgment are necessary and essential
in order to give effect to the
assistance referred to in paragraph 1.
The Organization is to intervene upon
the request of any Member subsequent
to the adoption of such measure.
(v) The Mexican amendment appearing on
pages 37, 38 and 39 of the Revised
Annotated Agenda provides freedom to
adopt measures in conflict with non-
negotiated commitments subject to
subsequent approval by the
Organization. However, the Mexican
amendment includes a new paragraph
5 (b) replacing the present text
/which provides E/CONF.2/C.2/C/W.1
Page 6
Article 13:
Category (A)
Amendments -
Non-negotiated
Commitments
(continued)
which provides that "if the Member
does not comply with the
recommendations of the Organization
within the time prescribed, its
shall be considered in accordance
with Article 89 and other relevant
Articles of the Charter."
(vi) The amendments proposed by China
appearing on pages 35, 36 and 37 of
the Revised Annotated Agenda provide
freedom for Members to adopt measures
in conflict with non-negotiated
commitments subject to subsequent
approval by the Organization and the
removal or modification of the
measure, if the Organization
disapproves. As already stated above
under sub-paragraph (b) of this
paragraph the Chinese amendment
includes additional circumstances
under which the Organization "shall"
give its approval.
(vii) The Turkish amendment (page 29 of the
Revised Annotated Agenda and
E/CONF.2/C.2/9/Add.4/Corr.3) provide
for the delegation of the words
"considers it desirable to adopt"
and the substitution of the word
"adopts" and also the deletion of
the word "proposed" appearing before
"measure" at the end of the paragraph.
The Turkish amendment states that
the remainder of the Article should
be amended similarly. Accordingly
the Turkish amendment provides for
subsequent instead of prior approval
by the Organization.
(viii) The Ceylon amendment appearing on
pages 43, 44 and 45 of the Revised
Annotated Agenda allows a Member to
adopt measures in conflict with
/non-negotiated E/CONF.2/C.2/C/W.1
Page 7
Article 13:
Category (A)
Amendments -
Non-negotiated
Commitments
(continued)
Article 13:
Category (B)
Amendments -
Negotiated
Commitments
non-negotiated commitments subject to
the right of appeal to the
Organization and to the modification
or removal of the measure on the
recommendation of the Organization.
In this connection attention is drawn
to the proposal by Ceylon to delete
Article 20 (General Elimination of
Quantitative Restrictions)
(E/CONF.2/C.3/7 page 5).
(ix) The Burmese redraft appearing on
pages 48, 49 and 50 of the Revised
Annotated Agenda is substantially the
same as the Geneva draft. However,
there is no provision for the
ascertainment of views of other
Members before examination by the
Organization.
(4) The following amendments relate to the
provisions of Article 13 concerning negotiated
commitments arranged as far as possible
commending with the most far-reaching amendments
and concluding with the loast far-reaching.
(i) The Uruguayan: amendments appearing in
E/CONF.2/C.2/6/Add.23 provides for the
deletion of paragraphs 3 and 5, for a
redraft of paragraph 2 (a) and for the.
retention of paragraphs 2 (b) and (c). As
a result a Member would be able to adopt
measures in conflict with negotiated
commitments subject to notification to the
Organization and to the Members of the
Organization, to the right of any Member
to transmit its views to the Organization
and to the duty of the Organization under
such circumstances to examine the
measures.
(ii) Ecuador proposes (page 29 of Revised
Annotated Agenda and E/CONF.2/C.2/9/Add.4/
Corr.3) to allow Members freedom to take
at their own discretion such measures as
/in their E/CONF.2/C.2/C/W.1
Page 8
Article 13:
Category (B)
Amendments -
Negotiated
Commitments
(continued)
in their judgment are necessary and
essential in order to give effect to the
assistance referred to in paragraph 1.
The Organization is to intervene upon the
request of any Member subsequent to the
adoption of ouch measure.
(iii) The Merican amendment (pages 37, 38 and 39
of Revised Annotated Agenda) allows
Members freedom to adopt measures in
conflict with negotiated commitments
subject to subsequent negotiations and
approval by the Organization, the
procedure being substantially the same
in the Geneva draft. However the
Mexican amendment includes a new
paragraph 5 (b) replacing the existing
text which provides that "if the Member
does not comply with the recommendations
of the Organization within the time
prescribed, its case shall be considered
in accordance with Article 89 and the
other relevant Articles of this Charter."
(iv) The Chinese amendment (pages 35 and 36 of
Revised Annotated Agenda) is substantially
the same as that proposed by Mexico except
that it does not include the new
paragraph 5 (b) proposed byMexico which
would permit a Member to maintain a
measure despite failure of the
Organization to approve.
(v) Turkey proposes (page 29 of Revised
Annotated Agenda and E/CONF.2/C.2/9/Add.4/
Corr.3) to amend paragraph 2 (a) so as to
delete the words "considers it desirable
to adopt" and substitute the word
"adopts" and to delete the word "proposed'
appearing before "measure" at the end of
th. paragraph. The Turkish amendment
states that the remainder of the Article
should be amended similarly. Accordingly
the Turkish amendment provides for
/subsequent E/CONF.2/C.2/C/W.1
Page 9
Article 13: subsequent instead of prior negotiations
Category (B) and approval by the Organization.
Amendments - (vi) The Argentine amendment appearing on
Negotiated pages 39, 40, 41 and 42 of the Revised
Commitments Annotated Agenda maintains paragraph 2 (a)
(continued) subject to acceptance of Argentine
amendments or reservations in the wording
of Chapter IV. Paragraph 2 (b) is as in
the Geneva draft. Paragraph 2 (c) is
amended so that the Organization examines
proposed measures but not in order to
determine whether it concurs in them.
Under paragraph 3 (a) the function of the
Organization is limited to determining
whether or not a proposed measure would be
inconsistent with negotiated commitments
and to sponsoring and assisting in
negotiations. Paragraph 3 (b) is amended
to delete and reference to the Organization
and paragraph 3 (c) is entirely deleted.
Under paragraph 3 (b) as amended Members
are required to commence negotiations
"with a view to reaching essential
agreement". It is apparently the intention
of the Argentine amendment that a proposed
measure may not be adopted unless essential
agreement is reached between negotiating
parties. However provision is also made
for the applicant Member to take
transitional action in respect of
negotiated commitments in the event of a
flood of imports, in the circumstances
and on the lines of the transitional
action envisaged in paragraph 4 (c) of the
Geneva draft.
(vii The Burmese redraft (pages 48 to 54
inclusive of Revised Annotated Agenda)
does not vary greatly in substance from
the Geneva draft. However there is
provision in paragraph (4) of the Burmese
redraft for transitional action in respect
/of negotiated E/CONF.2/C.2/C.W.1
Page 10
of negotiated commitment in the event of
a flood of imports on the lines of
paragraph 4 (c) of the Geneva draft. The
Organization may also in paragraph 3 (f)
of the Burmese redraft allow a member to
adopt a measure under certain circumstances
even if no substantial agreement is
reached.
(viii). The Chilean amendment at the bottom of
E/CONF.2/C.2/9/Add.1 proposes that in
paragraph 3 (c) the Organization "shall"
and not merely "may" release the applicant
Member from its obligations upon
substantial agreement being reached by the
negotiating parties.
(ix) The redrafts submitted by Ceylon and India
(Revised Annotated Agenda pages 43, 44 and
45 and 45, 46 and 47 respectively) are
substantially the same as the Geneva draft
as regards negotiated commitments,
(5) Category C amendments are as follows:
(i) Drafting amendments proposed by the
United Kingdom appearing on pages 29 and 31
of the Revised Annotated Agenda.
(ii) Amendments proposed by the Philippines
appearing on pages 30 and 31 of the Revised
Annotated Agenda which are consequential
on the proposed Philippine amendment to
Article 14 - see paragraph 6 (ii).
(iii) Redraft of paragraph 1 of Article 13
proposed by Uruguay (E/CONF.2/C.2/6/Add.23)
according to which inter alia Members
recognize that governmental assistance may
be required to promote the establishment,
development or reconstruction of "industry
or agriculture" and not of "particular
industries or particular branches of
agriculture".
(iv) Amendment proposed by New Zealand (page 34
of Revised Annotated Agenda) to add the
maintenance of particular industries etc.,
/to the purposes E/CONF.2/C.2/C/W.1
Page 11
Article 13: to the purposes for which Members recognize
Category (C) in paragraph 1 that special governmental
Other Amendet assistance may be required. Similarly in
(continued). paragraph 4 (c) Members may, according to
the N3 ealand amendment, take
transitional action if their plans for the
maintainance and not merely for the
establishment, development or
reconstruction of industry or industries
concerned or branches of agriculture
concerned are eopardized.
v) Amendment proposed by Cuba (pages 32 and.35
of Revised Annotated Agenda) to include
the maintainance of particular industries
or branches of agriculture among the
purposes for which Members recognize in
paragraph 1 that special governmental
assistance may be required. The Cuban
amendment also proposes that a measure
under paragraph 2 (a) may be one in the
interest of a Member's programme of
maintenance as well as of its programme
of economic development or reconstruction
and that under paragraph 2 (c) the ITO
shall have regard to the stage of
economic development of the applicant
Member including the maintainance of its
economy. Cuba also proposes a similar
amendcment tco paragraph 4 () as is proposed
by New Zealand. (See sub-paragraph iv
above)
(vi) Additional paragraph 6 proposed by Chile
appearing i1n E/CO1NF.2/C.2/9/Add.
according to which "if a Member considers
that the Organizations decision is not in
accordance with the letter or the spirit
of the Charter, and that the situation or
the considerations put forward by the
Member d ly havent, been.uapreciated and
takn eto accember moy hunt, the M ave
rec ourse totheprd downocedure lai in
C."hapter VIII
(6) Tnhe amendmets E/CONF.2/C.2/C/W.1
Page 12
Article l4 (6) The amendments to Article 14 consist of two
far-reaching proposals by Argentina and the
Philippines and less far-reaching amendments
from a number of other countries. These are
analyzed below:
(i). The Argentine proposal appearing on pages
56, 57, 58 and 59 of the Revised Annotated
Agenda and in E/CONF.2/C.2/9/Corr.5
provides for the deletion of paragraph 2
and of the latter part of paragraph 1
beginning with the word "any" at the end
of line 6 on page 16 of the uncorrected
Geneva draft.* Sub-paragraphs (a), (b)
and (c) are modified so as to contain
simply an obligation to notify.
Consequently according to the Argentine
amendment any Member may maintain
existing measures of the type described
in the preamble to paragraph 1 subject
only to an obligation to notify other
Member and subject to the measures not
being inconsistent with negotiated
commitments.
(ii) The proposal of the Philippines appearing
on pages 55 and 56 of the Revised
Annotated Agenda provides that for
certain specified purposes any Member
shall be given general authority to
adopt any non-discriminatory measure in
conflict with any non-negotiated
commitment for such period as the
Organization may specify. The general
authority is granted subject to certain
conditions the principaI of which is that
the Organization determines as a matter
of fact that the applicant Member is
underdeveloped or war devastated.
* As indicated in E/PC/T/186/Corr.1 the word "any" in the sixth line on
page 16 of the draft Charter begins a new section of paragraph 1 which
refers to all three sub-paragraphs (a), (b) and (c) of paragraph 1 and
not merely to sub-paragraph (c).
/(iii) The amendment E/CONF.2/C .2/C/W.1
Page 13
(iii) The amendment proposed by the United
Kingdom appearing on page 56 of the
Revised Annotated Agenda is to limit
measures in respect of which the
procedure of Article 14 applies to those
in force on 1 September 1947.
(iv) The Ecuadorian amendment appearing on
page 57 of the Revised Annotated Agenda
proposes that under paragraph 1 (a) a
Member, which is a signatory of the
General Agreement on Tariffs and Trade,
shall have given notification thirty days
prior not to the date of the signature of
the agreement but to the date of deposit
of the instrument of acceptance.
(v) Amendments by Costa Rica, Italy, Uruguay
and Turkey to paragraph 1 (b) appearing
on pages 57, 58 and 59 of the Revised
Annotated Agenda all propose a date for
notification having relating to the date
of ratification of the Charter instead
of on day of signature of the Charter,
as in the present text. The delegation
of Costa Rica is understood to be
willing to withdraw its amendment, if
those of Ecuador and Turkey are accepted.
(vi) The Costa Rican amendment to paragraph .
(c) appearing on page 59 of the Revised
Annotated Agenda is to replace the word
"signed." by the term "ratified".
(vii) The Turkish amendment appearing
erroneously among amendments relating to
Article 15 on page 63 of the Revised
Annotated Agenda relates in fact to
Article 14 as indicated in E/CONF.2/C.2/
9/Add.4/Corr.3. It proposes that
"changes in customs tariffs made in
consequence of an actual or projected
devaluation may not in any way be
considered as constituting a protective
measure".
/(7) The following
Article l4:
(continued) E/CONF.2/C.2/C/W.1
Page 14
Article 14: (7) The following is an extract from the Chairman's
(continued) statement at the sixteenth meeting of
Committee II regarding Article 14:
"The attention of the Sub-Committee on
Articles 13 and 14 is invited to the
statement made by the representative of
New Zealand that, if the New Zealand
amendment to Article 13 were accepted,
a consequential amendment would also be
required in Article 14, and also to the
request of Czechoslovakia that a careful
examination should be made of the time
schedule in paragraph 1 (a) of Article
so that this should correspond with those
in paragraphs 1 (b) and 1 (c) as
eventually approved. The additional
paragraph in Article 14 proposed by
Turkey (E/CONF.2/C.2/9, page 63 and
E/CONF.2/C.2/9/Add..4/Corr.3) is referred
to the Sub-Committee but the Sub-Committee
is authorized after examination of this
amendment to refer it to Committee III
if such reference is considered
desirable." |
GATT Library | ff207cq9057 | Insert in text of speech by Dr. Wunz King, Chief Delegate of China | United Nations Conference on Trade & Employment, March 23, 1948 | Department of Public Information Havana, Cuba and United Nations Conference on Trade & Employment | 23/03/1948 | press releases | Press Release ITO/179/Add.1 and ITO/73-194/CORR. 1 | https://exhibits.stanford.edu/gatt/catalog/ff207cq9057 | ff207cq9057_90200379.xml | GATT_145 | 92 | 600 | UNITED NATIONS CONFERENCE ON TRADE & EMPLOYMENT
Department of Public Information
Havana, Cuba
Press Release ITO/179/Add. 1
23 March.1948
INSERT IN TEXT OF SPEECH BY DR. WUNZ KING. CHIEF DELEGATE OF CHINA
In ITO/179 please insert following paragraph after next to
last paragraph ending "...before us".
Before concluding my speech, Mr. President, I wish to tell
you that the reservation which was made provisionally by my dele-
gation to a particular paragraph in connection with Article 15 is
withdrawn, in the interests of solidarity and cooperation.
(End of Press Release ITO/179/Add. 1) |
GATT Library | mn058xb5922 | Interim Commission for the International Trade Organization : Note from the Executive Secretary | Interim Commission for the International Trade Organization, May 20, 1948 | Interim Commission for the International Trade Organization (ICITO/GATT) | 20/05/1948 | official documents | ICITO/INF.1/Add.1, ICITO/INF/1-8, and ICITO/1/1-16 | https://exhibits.stanford.edu/gatt/catalog/mn058xb5922 | mn058xb5922_90180002.xml | GATT_146 | 216 | 1,555 | INTERIM COMMISSION COMMISSION INTERIMAIRE DE UNRESTRICTED
ICITO/INF.1/Add.1
FOR THE INTERNATIONAL L'ORGANISATION INTERNATIONALE 20 May 1948
TRADE ORGANIZATION DU COMMERCE ORIGINAL: ENGLISH
INTERIM COMMISSION FOR THE INTERNATIONAL TRADE ORGANIZATION
Note from the Executive Secretary
Delegations are informed that the following action will be taken with
regard to documents of the Interim Commission, except in cases where the
Secretariat has received a reply to ICITO/INF.1 from any delegation
containing specific instructions concerning distribution:
1. While the Interim Commission remains in New York, documents will
be sent to the Permanent Delegation to the United Nations in New York,
or, where there is no such delegation, to the diplomatic representative
in washington, ,for forwarding to the appropriate authorities in the
Government.
2. When the Interim Commission is established in Geneva, documents
will be sent to the Foreign Ministry directly.
Any instructions which the Secretariat has received or receives in
the future from delegations for a different distribution will of course
be followed.
Note: The attention of delegations is drawn to the fact that no complete
sets of documents of the Interim Commission, of the Executive
Committee, of the Contracting Parties to the General Agreement on
Tariffs and Trade or of the Havana Conference will be available,
although isolated documents will of course be obtainable upon the
request of a delegation. |
GATT Library | yd653kh2420 | Interim Commission for the International Trade Organization : Note to Delegations from the Executive Secretary | United Nations, April 15, 1948 | United Nations Interim Commission for the International Trade Organization (ICITO/GATT) | 15/04/1948 | official documents | ICITO/INF.1, ICITO/INF/1-8, and ICITO/1/1-16 | https://exhibits.stanford.edu/gatt/catalog/yd653kh2420 | yd653kh2420_90180001.xml | GATT_146 | 752 | 5,901 | Document Language Short title of document
Number
Symbol: ICITO/1/
1 Biling. Provisional Agenda.
2. E. F. Rules of Procedure for the Com-
mission.
3 E. F. Note by President of U.N. Con-
ference on Trade and Employment.
3 Add.1 E.F. Addendum to text.
4 E. F. Final Act of the U.N. Conference
on Trade and Employment at Havana.
5. E. F. Note by Executive Secretary re
suspension of Article I and Part II
of the General Agreement on Tariffs
and Trade upon entry into force of
Havana Charter.
6 E. F. Invitation to members of Interim
Commission to attend second session
of Contracting Parties to the GATT.
7 E F. Note re Spanish translation of
Final Act and Havana Charter.
8 E. F. Report of Committees and Principal
Sub-Committees of Havana Conference.
9 E. F. Note re Russian translation of
Final Act and Havana Charter.
9 Add.1 Biling . Addendum to text.
10 E. F. Note re deposit of Spanish text
of Havana Charter with U.N.
Secretary-General.
11 E F. Application of Provisions of
Annex K of Havana Charter.
12 E. F. Ratification of Havana Charter.
13 E. F. Studies re Selection of Head-
quarters of ITO.
14 E. F. Summary Record of Informal Meeting
of Representatives of Executive
Committee of ICITO, Annecy, 8 June 1949.
4 Corr.1 E. F. Corrigendum to Summary Record. Document Language Short title of document
Number
15 E. F. Letter from Interim Coordinating
Committee for International Com-.
modity Arrangements to Secretary-
General of U.N.
16 E.F. Memorandom by Executive Secretary
for consideration at an emergency
session of Executive Committee.
17 Emergency session of Executive Com
mittee, First Meeting Annecy, 5
July 1849.
17 Corr.1 Biling Corrigendum to test.
18 E . F Emergency Session of Executive
Committee, Second Meeting, Annecy
8 July 1940.
18 Corr. 1 E. only Corrigendum to text.
Emergency Session of Executive Com-
mittee, Third Meeting Annecy, 22ng; Annrcy,
July 1.4;
15Corr.2 . E. F1 o Cnroigend.m t) text
20 . E. Fa iopplicat -n or Principles of Chapter
VI oC Havana charter - proposed
letter t. ChairmaC of ICCIOA.
21 . E F. mergen EaerrencyoSession ,f Exocutive Cnm-
titteeM Fourth Aeeting, Annecy,
1949gust ID4i .
22 . . Eq Fa onplicati.i of Principles of Chapter
VI ot lavana Charter - Annex A:
ehter tr o0airman -f ICCICA, Annex
draft report of Working oParty f
Ex utimve Com.nitteea
23 . E. F Barriers to International Transport
of Goods.
24 E. F. Ratoificatin of Havana Charter.
25 . E. F Deposit Speanish Txt of Havana
.Charter Document Language Short title of document
26 E. F. Constitution of the United States of
Indonesia as an independent and sovereign
state. Communication from the Government
of the Netherlands.
27 E.F. Loans from the United Nations Working
Capital Fund to cover the expenses of the
Interim Commission. Note by Executive Secr.
28 E.F. Audited accounts of ICITO for the year
ending 31 December 1949. Note by the
Executive Secretary.
29 E.F. Interim Commission for the International
Trade Organization. Loans from United
Nations Working Capital Fund. Note by the
Executive Secretary.
30 E.F. Summary Record of Special Meeting of the
Executive Committee of the Interim Commission
for the International Trade Organization.
31 E.F. Loans from the United Nations Working Capital
Fund. Note by the Executive Secretary.
32 E.F. Audited accounts of ICITO for the year
ending December 31, 1950.
33 E.F. ...... for the year ending December 31, 1951
34 E.F. ...... for the year ending December 31, 1952
35 E.F. Financial position of ICITO as at 31.12.1953
36 E.F. Summary Record of the meeting of the Execut-
ive Committee held at the Villa Le Bocage
Geneva, on 29 March 1968.
NOTE VERBALE - 4 March 1968
37 E.F. Summary Record of the meeting of the Executive
Committee. Held at the Centre William Rappard,
Geneva, on 4 August 1980 at 4 p.m.
For documents issued after January 1st, 1984 - please search within the annual sets. UNITED
NATIONS
NATIONS
UNIES
UNRESTRICTED
ICITO/INF .1
15 April 1948
ORIGINAL: ENGLISH
INTERIM COMMISSION FOR THE INTERNATIONAL
TRADE ORGANIZATION
Note to Delegations from the Executive Secretary
It is the intention of the Executive Secretary to circulate from
time to time to the members of the Interim Commission certain documents,
particularly information documents, and working papers of the Commission.
In order to facilitate their distribution, it will be appreciated
if you will indicate to whom your Government wishes these sent, the
number of copies it requires and whether in English or in French or both. |
GATT Library | bw482fm2277 | Interim Co-ordinating Committee for Intenational Commodity Arrangements : Note by the Secretariat | United Nations Conference on Trade and Employment, March 5, 1948 | 05/03/1948 | official documents | E/CONF.2/54 and E/CONF.2/45/REV.1/53/CORR.3 | https://exhibits.stanford.edu/gatt/catalog/bw482fm2277 | bw482fm2277_90040117.xml | GATT_146 | 162 | 1,306 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF .2/54
ON DU 5 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
INTERIM CO-ORDINATING COMMITEE FOR
INTENATIONAL COMMODITY ARRANGEMENTS
Note by the Secretariat
With reference to the resolution which was transmitted to the
Economic and Social Council following the fourteenth Plenary meeting of the
Conference (see documents F/CONF.2/42 and E/CONF.2/SR.14), advice has now
been received that the Council passed the following resolution on 4 March:
"THE ECONOMIC AND SOCIAL COUNCIL
"Taking note of the Rlesolution of the United Nations Conference
on Trade and Employment concerning the continuation of the work of
the Interim Co-ordinating Comittee for International Commodity
Arrangements,
"Requests the Secratary-General to amend the composition of the
Committee to provide that the Chairman 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 Conference on Trade and Employment may designate." |
|
GATT Library | tf796vq7108 | Interim procedure for dealing with protective measures for development purposes : Amendments to the text of Article 14 (1) and to the terms of reference of the Interim Commission, proposed by the United Kingdom Delegation | United Nations Conference on Trade and Employment, February 9, 1948 | Second Committee: Economic Development | 09/02/1948 | official documents | E/CONF.2/C.2/C/W.10, E/CONF.2/C.2/B/W.1-14, and C.2/C/W.1-13 | https://exhibits.stanford.edu/gatt/catalog/tf796vq7108 | tf796vq7108_90180327.xml | GATT_146 | 1,086 | 7,114 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/C/W. 10
ON DU 9 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT . .
INTERIM PROCEDURE FOR DEALIN WITH PROTECTIVE MEASURES
FOR DEVELOPMENT PURPOSES
Amendments to the Text of Article 14 (i) and to the Terms
of Reference of the Interim Commission, Proved by the
United Kingdom Delegation
The United Kingdom delegation has already proposed an amendment to
Article 14 (1) which would have the effect of establishisg the same date
(1 September 1947) for all Members of the Organization, in respect of
existing protective measures to which the procedure of Article 14 applies.
The date on which notification of such measures should take place has been
the sujbect of considerable discussion in Committee II, and in the
Sub-Committee on Articles 13 and 14, where a strong preference has been
expressed by a number of delegations for a date related to the deposit
of a Member's instrument of acceptance rather than its signature of the
Final Act of this Conferenc.e The difficulty of assembling all the
necessary information before the end of this Conference has been emphasized
in this connection.
2. Provided that the same base date is established for all Members
(including the parties to the G.A.T.T., which have already notified such
measures in respect of their territories) the United Kingdom delegation
would be prepared to see the date of notification under Article 14 (1 ) (b)
related to deposit of the instrument of acceptance and suggest that the
procedure might be simplified if a given period of time (say one month)
before the date of deposit of the instrument of acceptance were decided
upon in respect of all Members nad not merely those which have been
represented at this Conference. In the interval between the date of
notification and the deposit of the instrument of acceptance an opportunity
would, of course, be given to those Members which had already deposited
their instruments of acceptance to consider the measures notified.
3. The United Kingdom delegation accordingly propose that Article 14 (1)
should be revised as follows:
Any Member may maintain any non-discriminatory protective measure
in force on 1 September 1947, which has been imposed for the
/establishment, E/CONF. 2/C. 2/C/W. 10
Page 2
establishment, development or reconstruction of particular industries,
or particular branches of agriculture, and which is not otherwise
permitted by the Charter; Provided that
(a) if such Member was signatory to the G.A.T.T. it notified
the other signatory Governments to that agreement not later
than 10 October 1947, of the nature and purpose of such measure
and of each product in respect of which it is to be maintained,
(b) any other such Member shall, within 1 month prior to the
date of the deposit of its instrument of acceptance of the
Charters have notified the Organization, or, if the Charter has
not yet entered into force those Governments which have signed
the Final Act of the United Nations Conference on Trade and
Employment.
Any Member maintaining any such measure shall within one month of
assuming Membership in the Organization notify it of the measures
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 but in any case within twelve months of
such Member assuming Membership in the Organization, examine and give
a decision concerning the measure as if it has been submitted to the
Organization for its concurrence under Article 13".
4. The question also arises of the machinery for consideration of
(a) measures notified under Article 14 (1)
and
(b) measures undertaken between 1 September 1947, and the date on
which the Charter enters into force.
5. It is assumed that after the Charter enters into force, one of the first
tasks of the Organization will be to review the measures notified under
Article 14 (1) (a) and (b) and that until the Organization has given a
determination such measures will remain in force.
6. If the amendment is adopted all such measures undertaken since
1 September 1947, will technically, fall under the provisions of Article 13,
i.e., according to the present text the prior approval of the Organization
is required. Clearly, however, the Organization cannot make a determination
until the Charter enters into force. On the other hand in the view of the
United Kingdom delegation it would be unreasonable to expect countries to
delay development schemes which in their view necessitated protective
measures in conflict with Chapter IV of the Charter, in the intervening
time, merely because no machinery was available for carrying out the
procedure of Article 13. It is proposed, therefore, that the Interim
Commission of the I.T.O. should be empowered to examine the particulars of
/all such E/CONF.2 /C. 2/C/W. 10
Page 3
all such measures undertaken since 1 September 1947, should conduct all the
preliminary work in such cases (i.e. Inform other Governments and receive
such Governments' comments) should formulate recommendations on them to
be placed before the first Conference of the I.T.O., and should, meantime,
advise the Government proposing to institute such a measure of the
Commission's opinion.
7. The recommendations of the Interim Commission would not, of course,
have a binding effect on Governments. Where the recommendation of the
Interim Commission was favourable, however, the measures might remain in
force until the Organization reached a determination upon them. This would,
of course, be a departure from the procedure which (as some members of the
Sub-Committee have already pointed out) would otherwise take effect - i.e.
that all such measures undertaken since 1 September 1947, would automatically
lapse when the Charter came into force and applications in respect of them
would be submitted to the Organization in accordance with the procedure
established under Article 13.
The United Kingdom delegation accordingly propose that the following
addition should be made to the terms of reference of the Interim Commission:
"To receive from Governments, signatories to the Final Act of
the World Conference, notification of any proposed measures instituted
between 1 September 1947, and the date on which the Charter enters into
force which are in conflict with non-negotiated commitments under
Chapter IV; to inform other signatory Governments materially affected
by the proposed measures and to receive their views; to advise
applicants whether, in the view of the Interim Commission, such measures
would be permitted under Article 13 of the Charter and to propose
recommendations for the consideration of the Organization at its first
session". |
GATT Library | rv406hn2605 | Interim report by the Central Drafting Committee on the state of its work in relation to the state 0f work of the Conference (As of 7 March 1948) | United Nations Conference on Trade and Employment, March 8, 1948 | 08/03/1948 | official documents | E/CONF.2/C.8/13 and E/CONF. 2/C. 8/10/ADD. 1-17 | https://exhibits.stanford.edu/gatt/catalog/rv406hn2605 | rv406hn2605_90200295.xml | GATT_146 | 532 | 3,750 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C.8/13
8 March 1948
ORIGINAL: ENGLISH
INTERIM REPORT BY THE CENTRAL DRAFTING COMMITTEE
ON THE STATE OF ITS WORK IN RELATION TO THE
STATE 0F WORK OF THE CONFERENCE
(AS OF 7 MARCH 1948)
Chapter I
Chapter Il
Chapter III
Articles 8-12
Article 13
Article 14
Article 15
Chapter IV
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Articles 25-29
Committee:
S/C. Report (C.6/98)
Approved 2nd reading
Approved 2nd reading
Co-ordinating Comnittee
Report (CONF .2/45/Rev .1)
Not ready
Co-ordinating Committee
Report (CONF.2/45/Rev.1)
Partly approved 2nd reading
Approved 2nd reading
Partly approved 2nd reading
Approved 2nd reading
Approved 2nd reading
Approved 2nd reading
Approved 2nd reading
Not ready
In Sub--Committee
Approved 2nd reading
Central Drafting Committee
Not commanced
Completed (C.8/1 Rev.l)
Approved. in Committes
Completed/Document in
production
Not commenced
Not commenced
Not commenced
In progress . :
In progress - 2nd reading
In progress - 2nd reading
In progress
Completed (C.8/9)
Compieted/Document in
produstion
Completed (C.8/9)
Not commenced
Not commanced
Completed (0.8/8)
/Articles 30-3IA E/CONF.2/C.8/13
Page 2
Articles 30-31A
Articles 32-38
Article 39
Articles 40 & 41
Article 42
Article 43
Chapter V
Chapter VI
Chapter VII
Article 68 )
Article 69 )
Article 70
Article 71
Article 72
Article 73 .
Article 74
Paragraphs 1-2
Paragraphs 3-7
Article 75 .
Articles -76. &. 77
Article 78
Article 79
Article 80
Article 81
Article 82
Article 83
Paragraph 1
Paragraph 2
Paragraph 3
Committee:
Approved 2nd reading
Approved 2nd reading
Deleted
Approved 2nd reading
Not ready
Approved 2nd readirng
Approved 2nd reading
Approved 2nd reading
Partly approved 2nd reeding
(C .6/88)
Not ready
Approved 2nd reading (C.6/52)
Approved 2nd reading (C.6/60)
Approved 2nd reading (C.6/52)
Central Drafting Committee
Completed (C,8/6/Rev.1)
Completed (C.8/4/'Rev.1)
Completed (C.8/5/Rev.1)
Not commenced
Completed (C.8/5Rev.I)
Completed (C.8/2)
Approved. in Committee
Completed (C.8/3)
Approved in Committee
( In progress
( In progress 1st reading
In progress 1st reading
In progress 1st reading
In progress 1st reading
In progress 1st reading
Approved 2nid reading (C.6/91)
Not ready.
Co-ordinating Committee
Approved 2nd reading (C.6/56)
Not ready
Approved 2nd reading (C.6/56)
Approved 2nd reading. (C.6/60)
Deleted
Approved 2nd reading (C.6/56)
Approved 2nd reading (C.6/37)
Approved 2nd reading (C.6/77)
Approved 2nd reading (C.6/29)
lI progress l1t reading
Not commenced
Not commenced
In progress - 1st reading
Not commenced-- -
In progress A 1st reading
In progress - 1st reading
ln progress - 1st reading
ln progress - 1st reading
In progress - 1st reading
In progress - 1st reading
In progress - 1st reading
/Article 83A
. E/CONF.2/C.8/13
Page 3
Article 83A
Articles 84-88
Chapter VIII
Chapter IX
Article 93
Article 94
Article 95
Articles 96 & 97
Articles 98 & 99
Article 100
Committee:
Not ready
Approved 2nd reading (C.6/56)
Approved 2nd reading (C.6 )
Sub-Committee Report (C.6/96)
Sub-Committee Report (C.6/93)
Approved 2nd réading (C.6/66)
Approved 2nd roading (C.6/68)
Approved 2nd reading (C.6/90)
Approved 2nd reading (C.6/77)
Central Drafting Committee
Not commenced
In progress - let reading
Completed/Document in
production
In progress - 1st reading
In progress - 1st reading
Not commenced
Not commenced
Not commenced
Not commenced |
|
GATT Library | sp951js9726 | Interim report by the Secretariat regarding the resolution of the Havana Conference relating to Economic Development and Reconstruction | Interim Commission for the International Trade Organization, July 16, 1948 | Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee | 16/07/1948 | official documents | ICITO/EC.2/7 and ICITO/EC.2/7-ICITO/EC.2/7/K | https://exhibits.stanford.edu/gatt/catalog/sp951js9726 | sp951js9726_90060190.xml | GATT_146 | 4,695 | 31,058 | UNRESTRICTED ICITO/EC.2/7
INTERIM COMMISSION COMMISSION INTERIMAIRE DE 16 July 1943
FOR THE INTERNATONAL L'ORGANISATION INTERNATIONATIONALE ORIGINAL: ENGLISH
TRADE ORGANIZATION DU COMMERCE
EXECUTIVE COMMITTEE
Second session
item 7 of the provisional agenda
INTERIM REPORT BY THE SECRETARIAT REGARDING THE
RESOLUTION OF THE HAVANA CONFERENCE RELATING
TO ECONOMIC DEVELOPMENT AND RECONSTRUCTION*
1. The first part of paragraph 1 of the Havana Resolution relating to
economic development and reconstruction directs the Interim Commission
to examine the powers, responsibilities and activities in the field of
industrial and general economic development and reconrstruction of
inter-governmental organizations and the availability of facilities for
technical surveys and studies.
2. The Second Session of the United Nations Sub-Commission on Economic
Development,** held from 14 to 29 June 1948, was devoted primarily to an
examination of international aids for the mobilization of the national
resources of under-developed countries for their economic development.
The documents prepared for the Sub-Commission and the Report of its
Second Session provide comprehensive material on the powers,
responsibilities and activities of the United Nations and its Specialized
Agencies and their facilities for technical surveys and studies. The
following are the relevant documents attached as annexes:
* Annexes A, B, C, D, E, G, J are attached only to the copies
of this report which are distributed to members of the Execvtlve
Committee (three copies to each) for use at the Second Session.
They are not attached to the copies for general distribution
as they have already been distributed by the United Nations as
Economic and Social Council documents. Add Additional copies of
these annexes are obtainable from the United Nations. No
additional copies of the complete document will be available.
** The Sub-Commission is a body of seven experts which reports to
the Economic and Employment Commission of the Economic and
Social Council of the United Nations.
/To be considered ICITO/EC.2/7
Page 2
To be considered
as Annex A:
To be considered
as Annex: B:
To be considered
as Annex C:
To be considered
as Annex D:
To be considered
as Annex E:
Report of the First Session of the Sub-Commission on
Economic Development, held from 17 November to
16 December 1947 (E/CN.1/47).
This Report was distributed at the Havana Conference
and is attached herewith as a backgrournd document.
Report of the Third Session of the Economic and
Employment Commission held from 19 April to 6 May 1948
(E/790).
Part VII of this Report contains the recormendations
of the Economic and Employment Commission to the
Economic and Social Council regarding the Report
of the First Session of the Sub-Commission on
Economic Development. These recommendations wiIl
be considered by the Economic and Social Council
at its seventh session commencing 19 July.
A Survey of the Technical Assistance available for
economic development in the United Nations and the
Specialized Agencies (E/CN.1/Sub.3/22 and
E/CN.1/Sub.3/22/Corr.1).
This is the basic document prepared by the
Secretariat of the United Nations for the
Second Session of the Sub-Commission on Economic
Development and sets out the powers, responsibilities
and activities of the United Nations agencies as
regards technical assistance for economic
development and their facilities for technical
surveys and studies.
Technical Assistance rendered to Venezuela
(E/CN.1/Sub.3/W.4). Memorandum by the Secretariat
of the United Nations.
Summary Records of the Second Session of the
Sub-Commission on Economic Development
(E/CN.1/Sub.3/SR.27 to 48 inclusive).*
During the Session representatives of the
Secretariat of the United Nations and of the
Specialized Agencies made amplifying statements
* E/CN.1/Sub.3/.SR.44 and 47 are not yet available. They will be
supplied later.
/regarding ICITO/EC.2/7
Page 3
regarding the technical assistance rendered by
their respective bodies. The numbers following
the names of the specialized agencies below
indicate the summary records of the meetings at
which these statements were made: ILO - 34,
UNESCO - 35, International Monetary Fund -35,
World Health Organizaton - 35, FAO - 36, and
International Bank - 37. Statements regarding
technical assistance rendered by the United
Nations in the field of welfare and by UNRRA,
particularly in the industrial field, are to
be found in the records of the 33rd and 34th
meetings respectively.
Annex F: Note by the Secretariat on Technical Assistance
Provided by UNRRA.
To be considered Report of the Second Session of the Sub-Commission on
as Annex G: Economic Development, held from 14 to 29 June 1948
(E/CN.1/61).
This is a basic document both because it records
the conclusions of the Sub-Commission with
regard to technical assistance and also because
the appendix to the Report, prepared by the
Secretariat of the United Nations, contains a
summary of the technical assistance available
or contemplated in the field of development
through United Nations agencies.
3. In addition to the documents of the Sub-Commission on Economic
Development the following documents relating to the activity of the
United Nations and Specialized Agencies are attached:
Annex H: Note by the Secretariat on the Activities of the
To be considered
as Anniex J:
^' -
International Bank for Reconstruction and Development.
Report and Recommendations by the Secretariat of the
Economic Commission for Asia and the Far East on
training of technical pnersonel in the economic field
and the use of expert assistance by governments
(11/8E/.N.u),
This Report was prepared for the third session
of the Economic Commission for Asia and the Far
East.
/AKnnex : ICITO/EC.2/7
Page 4
Annex K: Resolutions on Economic Development and Technical
Assistance adopted at the third session of the
Economic Commission for Europe (30 April to 8 may)
and the Economic Commission for Asia and the Far
East (1 to 12 June) and at the first session of the
Economic Commission for Latin America (7 to 25 June 1948).
N.B. A recommendation of an ad hoc committee to
establish an Economic Commission for the Middle
East will be considered by the Economic and Social
Council at its seventh session commencing on
19 July.
Annex L: Note by the Secretariat regarding the special functions
of the United Nations with regard to the economic
development of trust and other non-self-governing
territories.
4. The foregoing material relates to the activities and facilities of
the United Nations and Specialized Agencies. With regard to other
inter-governmental organizations, the Executive Secretary has approached
the League of Arab States, the Pan-American Union and the Inter-American
Development Commission, the Caribbean Commission and the Organization
for European Economic Co-operation. Annexes M and N set out data
respectively with regard to the American organizations and the Caribbean
Commission.
5. The Secretariat has interpreted sub-paragraph (ii) of paragraph 1
of the Havana Resolution relating to economlc development and
reconstruction to apply to facilities for technical surveys and studies
available from all sources and not merely to those facilities available
from inter-governmental organizations. In fact, the volume of facilities
for technical surveys and studies and the volume of technical assistance
actually provided through inter-governmental organizations is a small
part of the total. Whatever may be the advantages or shortcomings of
one or other form or source of technical assistance or technical
surveys or studies, it would appear most desirable that information
regarding the facilities of governments and private organizations be
placed before the Executive Committee. The Secretariat suggests
that in order to assist it to compile and analyze data regarding such
facilities, the Executive Committee ask governments members of the
Interim Commission to provide information regarding the facilities
which they themselves have on technical assistance to other governments
and also regarding the facilities of private organizations in their
respective countries.
/6. As at the ICITO/EC.2/7
Page 5
6. As at the date of preparation of this Interim Report, preliminary
enquiries have been made with regard to facilities for technical surveys
and studies of private organizations in the United States. It is clear
that these facilities cover a very wide range, both as to source, form
and terms. In the first place, there are philanthropic organizations
which are not concerned in any way with making money and may devote
resources to the provision of assistance free of charge. One of these
philanthropic organizations is a non-profit corporation created to
undertake demonstration and training programmes in the fields of
agriculture, education and public health in co-operation with the
government and other public bodies of the countries concerned. In the
second place, there are research organizations; one of these has made
technological surveys in Argentina and Mexico against payment for
services rendered but without profit. Thirdly, there are business
enterprises which, while making a small profit or at any rate planning
to cover their costs in the long run, have been established in order to
promote economic development. There is a corporation of this nature
which provides technical services on particular projects to public and
private entities in under-developed countries and acts as a hiring agent
on their behalf. This corporation offers its services not only to secure
the best available technical personnel regardless of where it may be
found but also to ensure the best utilization of such technical personnel.
It renders services in the fields of public works and industrialization
and seeks to carry out this task on as economical a basis as possible.
Fourthly, there is the whole field of private enterprise of a commercial
character.
7. The field of commercial enterprise in turn contains a considerable
variety. There are a number of firms which act as industrial, engineering
and management consultants and provide technical studies or advice against
payment of fees to any entity which request it. Some of these firms
have already done a considerable amount of work it less developed
countries, particularly in Latin America. Usually, they are concerned
with specific industrial or engineering projects but in some cases these
firms have ventured into wider fields such as the preparation of an
economic development plan and appraisal of the natural resources of whole
country. Apart from these firms which provide advice or make studies
on a fee basis independently of sales or investment, there are many other
enterprises in the United States which provide technical assistance
to entities in other countries as part of programmes of investment or
sales. Such assistance may be of high quality although of course it is
/liable ICITO/EC.2/7
Page 6
liable to be biassed in favour of the sales or investment interests of
the enterprise giving the assistance. There are however other ways in
which technical assistance is supplied by private enterprise. One large
firm, for example, owns no subsidiaries abroad but makes agreements with
foreign companies by which it provides technical assistance, including
its parents and the results of an extensive research organization, on a
continuing basis in exchange for royalties and other forms of financial
compensation. While there is insufficient data available for comment
on the sources, forms and terms of technical assistance provided by
private enterprise, they tend to vary according to the nature of the
industrial or other processes involved. For example, technical assistance
from abroad may be required for the establishment of a power plant in a
particular country but not for its maintenance which is comparatively much
more simple. In the case of many manufacturing industries established in
an undeveloped country, on the other hand, technical assistance from abroad
must be a continuing process, lasting until such time as local technicians
are adequately trained and, where it is desired to keep abreast of the
latest technologies of the industrialized countries, often beyond this point.
In the former case it may be appropriate to hire the services of a firm
of engineering consultants. In the latter case a continuing relationship
with a manufacturing company in an industrialized country may be appropriate.
8. The following conclusions appear to the Secretariat to emerge from
a study of the problems of technical assistance as presented in the
foregoing and annexed material.
(a) Technical assistance currently provided by inter-governmental
organizations for the benefit of economic development or
reconstruction is varied in character. It includes, for example,
not only the despatch of advisory missions and individual experts
to particular countries but also arrangements for the training
of personnel abroad, the dissemination of published information
and the holding of international technical conferences
(b) Inter-governmental organizations have a special role to play
as regards advice on over-all plans and progammes as distinct
from advice on particular projects. In the former case their
international character affords a guarantee of impartiality as
well as the benefit of their ability to draw on expertise from
all parts of the world. This is likely to be of particular
importance to the governments of the least developed countries
which may require advice of a preliminary and general nature as
to what are the fields of possible economic development, which
/should ICITO/EC.2/7
Page 7
should be examined further. The United Nations and the Specialized
Agencies should be prepared to advise these governments on their
initial plans and such governments will in many cases be well
advised to take advantage of these services.
(c) Little or no technical work is being done by inter-governmental
agencies of value in promoting economic development or reconstruction
in the fields of "manufacturing industries, mining and metallurgy,
power development and public utilities, road and other inland
transport, public works and building activity and mechanical and
civil engineering"* and no requests have been received from
governments for direct technical assistance in these fields. One
of the reasons why requests have not been received from governments
for assistance in these fields is that public and private entities
in the less developed countries have been applying direct to
private enterprise in the industrialized countries.
(d) Even in the most highly industrialized countries the "pool"
of technical personnel is limited. The most highly qualified
technicians are already employed by governments, universities
and research institutions or, especially in the case of industrial
experts, by private enterprise. Inter-governmental organizations
could not, if they wished, succeed in having on their own staff
more than a minute proportion of highly qualified technical personnel
in the innumerable specialized fields in which expertise may be
required. Rather than employ "jacks of all trades" - specialists
only in name - they should not seek as a normal rule to employ
their own specialized technical personnel. Moreover in any case
too much emphasis has been placed on the individual expert whereas
both research and its practical application are nowadays mainly
"group" activities and often the most efficient way for a new
industry to be established in a less developed country is through
the assistance of a large entity in that industry in one of the
industrialized countries, if that can be obtained on satisfactory
terms. In most fields and especially in the fields listed under
(c) above the task of inter-governmental organizations is not to
provide technical assistance themselves but to devise ways and
* These fields are listed in paragraph 10 of Part V of the Report
of the Second Session of the Sub-Commission on Economic Development
(Annex G).
/means ICITO/EC.2/7 Page 8
means of expanding the volume and improving the forms, terms and
quality of the technical assistance available from other sources.
For this purpose they should have staff and part-time consultants
familiar with the needs and problems of less-developed countries,
able to maintain close contact with public and private sources of
technical assistance and competent to advise on the quality of
technical assistance available from different sources.
(e) The most substantial programmes of technical assistance
are those for which special funds have been made available, e.g.
in the field of social welfare funds made available by the
General Assembly of the United Nations and in the respective
fields of FAO, WHO and UNESCO funds largely obtained from UNRRA.
It is precisely in these fields where the cost of technical
assistance is borne partly or wholly by the inter-governmental
agency concerned that governments have made most requests for
assistance. The availability of funds for such programmes is
therefore a considerable factor in the effectiveness of
intergovernmental organizations in giving technical assistance.
(f) There are now a large number of inter-governmental agencies
and organs, functional and regional, with authority to provide
technical assistance in the field of economic development or
reconstruction. If all the various authorities were used, there
would be a serious problem of effective co-operation and
avoidance of duplication.
9. The second part of paragraph 1 of the Havana Resolution relating
to economic development and reconstruction directs the Interim Commission
to report upon:
"(a) the structure and administrative methods,
(b) 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 and reconstruction of Members".
Before considering this, however, it is suggested that the Executive
Committee consider in some detail and in the light of the preceding
part of this Interim Report what the Organization should do in order
to carry out its positive functions.
/10. These positive ICITO/EC. 2/7
Page 9
10. These positive functions are, in the first place, those prescribed in
paragraph 2 of Article 10 of the Havana Charter. This paragraph
distinguishes, on the one hand, between studies of natural resources and
potentialities for development and advice as to the formulation, financing
and carrying out of plans and programmes - sub-paragraphs (a) and (b) - and
on the other hand, studies of "technical assistance" - last sentence.
In the former case the ITO may either provide a Member with studies and
advice directly or it may aid a Member to procure studies and advice. In
the latter case the ITO may only aid a Member to procure appropriate
"technical assistance". This latter case is presumed to relate to
assistance on specific problems or on specific projects. The functions
in both these cases are expressed as obligations of the ITO, subject to
three limitations:
(a) they are subject to any arrangements made with the Economic
and Social Council and appropriate inter-governmental organizations;
(b) the functions must be carried on within the powers and resources
of the Organization; and
(c) the functions are only to be carried on after request by a
Member.
11. In the second place, apart from assistance which the ITO may give
to a particular government on request under Article 10, the ITO is
empowered under Articles 11 and 72 to undertake studies and promote
agreements in the interests of facilitating economic development or
reconstruction. These positive functions under Articles 11 and 72 as
well as under Article 10 are to be undertaken of course in accordance
with Articles 86 and 87 which provide for effective co-operation and
the avoidance of unnecessary duplication with other inter-governnmental
organizations.
12. It is suggested that the particular activities to be undertaken
by the ITO be considered within the framework of the following policy
and arrangements. The Havana Charter requires the ITO to take a
comprehensive interest in economic development and reconstruction but
it should not aim at undertaking itself any activities which are already
being undertaken by the United Nations or other inter-governmental
organizations, even though they are of a kind which fall within the
functions prescribed for the ITO in its Charter. It should on the
contrary maintain close contact with these organizations and encourage
them to continue and, where appropriate, expand their existing activities.
The ITO should, in particular, encourage the expansion of the activities
of the regional economic commissions of the Economic and Social Council
/and of their ICITO/EC.2/7
Page 10
and of their secretariats in view of the great advantages these bodies
enjoy in maintaining contact with the countries in their regions. The
task, which the ITO should take upon itself should be to fill those
gaps which either cannot be filled by other inter-governmental
organizations or which for special reasons can most appropriately be
filled by the ITO. The carrying-out of this policy would require
frequent consultation and close co-operation with the other inter-governmenta
organizations concerned. It is suggested that, in addition to direct
consultation, there should be some machinery, perhaps in the form of a
committee within the framework of the Secretary-General's Co-ordination
Committee* able to review from time to time the plans and programmes
of the various inter-governmental agencies and make recommendations as
to new activities and the allocation of responsibilities between the
various agencies in the field of economic development and reconstruction.
13. In the light of the conclusions suggested in paragraph 8 and of the
policy and arrangements suggested in paragraph 12 the following are
activities which might be undertaken by the ITO in its initial programme:
(a) Maintain contact with both the sources and the recipients of
technical assistance especially in the fields listed in paragraph 8
(c) above so as to be able to act promptly and effectively in regard
to any requests received from governments under Article 10.
(b) Study ways and means of expanding the volume, enhancing the
quality and improving the forms and terms of technical assistance
at present available. In this connection prepare and publish a
register of public and private entities able to supply technical
assistance and make technical surveys or studies in such fields
as those listed in paragraph 8 (c) above. In order to avoid
arbitrary decisions as to which entities should be included in the
list it might be desirable to include on the register all entities
which desire that they should be included. Such entities would then
be asked to answer a questionnaire giving comprehensive information
* The Co-ordinatlon Committee was established by resolution of the
third session of the Economic and Social Council to consist of the
Secretary-General of the United Nations and the heads of the
Specialized Agencies for the purpose of ensuring the implementation of
the agreements between the United Nations and the Specialized Agencies.
At the sixth session of the Council the Committee was renamed the
Secretary-General's Co-ordination Committee and was particularly
requested, with reference to the reports of the Specialized Agencies,
"to draw the attention of the Council to any apparent overlapping
or duplication of activities of the United Nations and of the
Specialized Agencies in the economic, social, cultural., educational,
health and related fields." The Committee works through several
sub-committees. /with regard ICITO/EC.2/7
Page 11
with regard in particular to the type of technical assistance they
can provide and the surveys and studies which they can make. The
register would be appropriately classified and contain as much
relevant information as possible regarding each entity.
(c) Make studies of world production, trade and requirements,
including plans and trends, for selected materials and manufactured
products, e.g., machine tools, textiles - with a view to assisting
governments in making their plans for new industries and other
branches of economic activity and assessing their prospects. As
regards production and requirements of agricultural products such
studies have already been undertaken by the FAO. These studies
would enable the ITO to make recommendations designed to ensure
adequate supplies of products essential to development or
reconstruction, including products essential to the expansion
of agriculture, and to avoid surplus capacity to produce goods
less urgently needed. The arrangements for the collection and
analysis of the data would need to be worked out in close
collaboration with the United Nations, FAO and other Specialized
Agencies concerned.
(d) Promote technical fellowships. The ITO in collaboration with
the other agencies concerned should examine the availability of
technical fellowships, whether to be taken in universities and
research institutions or in industrial or other enterprises and
encourage governments to promote these fellowships. The ITO
should make sure, if necessary by publishing data itself, that
the available facilities are known in all countries and especially
in the least developed countries. The ITO, however, would
undoubtedly be able to make a much bigger contribution, if funds
were allocated so that the ITO could itself grant fellowships.
While adequate information has not yet been received, the experience
of UMRRA in granting technical fellowships appears to have been
successful (see Annex F). Fellowships in other fields are currently
being financed by the United Nations, by the World Health
Organization and other Specialized Agencies. There is some evidence
that it is more profitable for a less developed country to send a
small number of its best men for training abroad than for an
equivalent sum of money to be used for the "import" of foreign
experts.
(e) Study or arrange for the study of the provision of facilities
for economic development and reconstruction and of obstacles to
/such provision ICITO/EC.2/7
Page 12
Such provision with a view to enabling the ITO to make any
appropriate recommendations under Article 11. Several studies
within this field are already under way in the Secretariat of the
United Nations (see Part IV of the Report of the Second Session of
the Sub-Commission on Economic Development - Annex G).
(f) Investigate the availability of bibliographies and digests
of technical literature especially in the technical fields listed
in paragraplh 8 (c) above and arrange for the compilation and
publication of any additional bibliographies and digests which
could be of value to less developed countries. (See paragraph
9 (e) of Part V of the Report of the second session of the
Sub-Commission on Economic Development - Annex G).
14. It is clear that there is a wide variation in the activities which
the ITO can undertake in carrying out its positive functions depending
on the amount of money available. The principal questions in this
regard which the Executive Committee will need to consider are whether
the ITO should finance a programme of technical fellowships and how the
costs of advice, studies and assistance provided under Article 10
should be borne.
15. As regards technical fellowships, the Executive Committee may
wish to note that the credit voted for 1948 by the General Assembly
of the United Nations for social welfare services amounted to $670,000
of which fifty-three per cent has been committed by the Secretary-
General for fellowships. The Interim Commission of the World Health
Organization has recommended to the current First Session of the World
Health Assembly that in 1949 $750,000 be devoted to the Provision of
300 fellowships. The expenditure of UNRRA on sixty industrial
fellowships was approximately $240,000 out of a total of 158 technical
fellowships costing $650,000.
16. As regards the functions of the ITO under Article 10 it is to be
noted that the arrangements of other agencies for bearing the costs of
similar services vary considerably. The summary records of the
thirty-third to thirty-seventh meetings inclusive (Annex E) of the Second
Session of the Sub-Commission on Economic Development provide considerable
factual material on this subject and reference may in particular be
usefully made to paragraphs 11 to 14 inclusive of Part V of the Report
of the Sub-Commission on Economic Development (Annex G). If funds are
to be made available so that part or all of the costs of study, advice
and assistance under Article 10 may be borne by the ITO, then it will
be desirable for some policy to be laid down so that the money may be
/used to ICITO/EC.2/7
Page 13
used to the best possible advantage. Such a policy might be based on two
rules: (a) that a requesting government should pay the costs of assistance
in its own currency, and (b) that the contribution of the ITO to the cost
in foreign currency should depend on the ability to pay of the requesting
government. Such rules would be similar to the practice of the FAO and of
the United Nations in the particular field of social welfare.
17. To summarize, it is suggested that the Executive Committee should:
(a) Request the Secretariat to complete the studies required by
the first part of paragraph 1 of the Resolution and for this
purpose ask governments members of the Interim Commission to provide
information regarding the facilities which they themselves have and
the technical assistance which they have given to other governments
and also regarding the facilities of private organizations in their
respective countries.
(b) Consider
(i) the general policy of the ITO as regards the carrying out
of its positive functions including particularly its
relations with regional and other inter-governmental
bodies;
(ii) the particular activities to be undertaken by ITO in
its initial programme;
(iii) what funds should be made available for the carrying out
of the positive functions. |
GATT Library | qg522rf1873 | Interim report of Sub-Committee J on Articles 95, 96, 98, 99 and 100 | United Nations Conference on Trade and Employment, January 26, 1948 | Sixth Committee: Organization | 26/01/1948 | official documents | E/CONF.2/C.6/48 and E/CONF.2/C.6/44-75 | https://exhibits.stanford.edu/gatt/catalog/qg522rf1873 | qg522rf1873_90170101.xml | GATT_146 | 1,579 | 10,366 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/48
ON DU 26 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE E'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
INTERIM REPORT OF SUB-COMMITTEE J ON ARTICLES
95, 96, 98, 99 and 100
Sub-Committee J was appointed at the twentieth session of the
Sixth Committee on 5 January 1948 and consisted of the representatives of
Argentina, Belgium, Czechoslovakia, France, India, Italy, United States,
United Kingdom and Uruguay; and for the purpose of discussion of the
United States amendment to Article 99, the representatives of Australia,
China, Denmark and Poland were to be added. Mr. J. E. S. Fowcett,
(United Kingdom) was Chairman.
The Sub-Committee held 8 meetings and recommends the following draft
Articles to the Sixth Committee for their consideration.
Article 95
"1. Any amendment to this Charter which does not alter the obligations
of Members shall become effective upon approval by the Conference by
the affirmative votes of two-thirds of the Members.
2. Any amendment which alters the obligations of Members, shall, after
receiving the approval of the Conference by the affirmative votes of
two-thirds of the Members present and voting, become effective for each
Member 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, on acceptance by it. The
Conference may' in its resolution approving an amendment under this
paragraph, determine that the amendment is of such a nature that all
Members, which have not accepted it within a specified period after
the amendment has become effective, Shall be suspended from membership
in the Organization; Provided that at any time, the Conference may,
by the affirmative votes of two-thirds of the Members present and
voting, determine the conditions under which this suspension shall
be waived with respect to any such Member.
3. A Member not accepting an amendment under paragraph 2 of this
Article, shall be free to withdraw from the Organization at any time
after the amendment has become effective, upon the expiration of sixty
days from the day on which written notice of such withdrawal, which may
be given at any time, is received by the Director-General; Provided that
/the withdrawal E/CONF.2 /C.6/48
Page 2
the withdrawal of any Member suspended under paragraph 2 of this Article
shall be effective upon receipt of written notice of withdrawal by the
Director-General.
4. The Conference shall, by the affirmative votes of two-thirds of
the Members present and voting establish rules with respect to the
reinstatement of Members suspended under the provisions of paragraph 2
of this Article and any other rules required for carrying out the
provisions of this Article, including the determination whether
paragraph 1 or paragraph 2 would apply."
Comments
The Sub-Committee has substituted paragraphs 2, 3 and 4 for paragraphs 2
and 3 of the Geneva text with the following objectives: firstly, to provide
for suspension of a Member not accepting an amendment, instead of compulsory
.withdrawal. Secondly, to ensure that the Member not accepting an amendment
may make its withdrawal effective from the moment when the amendment becomes
effective. Thirdly, to clarify the procedure.
In particular the draft provides that the Conference way determine the
nature of the amendment for the purpose of the Article at the time when the
Conference approves the amendment for its submission to Governments.
The draft also-provides that the amendment becomes effective ninety days
after two-thirds of the Members have accepted it in order that a Member nqt
accepting it, may have efficient time to consider the amendment and, if
necessary, give notice of its withdrawal, so that the withdrawal takes effect
simultaneously with the amendment becoming effective. The notice of
withdrawal may be given at any time, but cannot in any case become effective
before the amendment enters into force.
The ninety-day lapse between acceptance of an amendment by two-thirds of
the Mcmbers and the date of its becoming effective, also provides adequate
time for Members accepting the amendment to implement it through their
legislative or administrative machinery.
There is also provision for the waiver of suspension and for rules for
the reinstatement of Members suspended.
Article 96
"Review of the Charter.
1. The Conference shell carry out a general review of the provisions
of this Charter at a special session to be convened in conjunction with
the regular annual session nearest the end of the fifth year after its
entry into force.
2. The tirector-General shall invite each Member, at least one year in
advance, to submit any amendment or observations which they may wish. to
propose and shall circulate them for consideration by the other Members.
/3. Amendments E/CONF.2/C.6/48
Page 3
3, Amendments resulting from such review shall become effective
according to the procedure established in Article 95."
Comments
The Sub-Commuittee has expanded this Article in order to provide that
the special session may be part of, or be a continuation of, the annual
session held in the fifth year of the Orgealization, to emphasize that
Members may submit both amendments and general observations on the Charter
for review and to make it clear that any amendments approved at the special
session are subject to the procedure of Article 95.
The Draft Article also provides for the circulation of amendments
received by the Director-General to Member States for their consideration.
Article 28
"Entry into Force and Registration.
1. Instruments of acceptance of this Charter shall be deposited with
the Secretary-General of the United Nations, who will inform all
governments represented at the United Nations Conference on Trade and
Employment and all Members of the United Nations not so represented,
of the date of deposit of each instrument of acceptance and of the day
on which this Charter enters into force.
2. This Charter shall enter into force on the sixtieth day following
the day on which the number of governments represented at the united
Nations Conference an Trade and Employment which have deposited
instruments of acceptance pursuant to paragraph 1 of this Article shall
reach twenty, and the instrument of acceptance of each other accepting
government shall take effect on the sixtieth day following the day on
which it is deposited; Provided that, if this Charter shall not have
entered into force by [30 June 1949], the Secretary-General of the
United Nations shall institute consultation among those governments
:which have deposited acceptance to determine whether, and an what
conditions, they desire to bring the Charter into force.
3. The United Nations is authorized to effect registration of this
Charter as soon as it canes into force,"
Comments
The discussion turned on two questions: (1) the number of acceptances
necessary to bring the Charter into force, and (2) the necessity of the
proviso in paragraph 2.
The following representatives were in favour of maintaining the number
of twenty acceptances as provided for in the Geneva text; Belgium, France,
India, Italy, United Kingdom and United States; the following were in favour
of making entry into force of the Charter conditional upon its acceptance by
/a majority E/CONF.2/C.6/48
Page 4
a majority of the signatories of the Final Act of the Havana Conference:
Argentina, Mexico and Uruguay; the representative of Czechoslovnkia proposed
a compromise number which was not accepted.
The proviso as redrafted omits any reference to the General Agreement
on Tariffs and Trade, The Sub-Committee has inserted a provisional date for
the operation of the proviso and has also circulated a request to delegations
asking them to submit to the Sixth Committee the earliest estimated date by
which their governments could be expected to ratify the Charter.
The Central Drafting Committee is invited to consider, in paragraph 3,
whether a singular or plural verb should follow the expression
"United Nations".
Article 92
The Mexican amendment to paragraph 3 was withdrawn as certain delegates
stated that their governments would encounter constitutional difficulties in
attempting to enforce the provisions of Article 99 as drafted in the
Mexican amendment.
The delegate of Mexico stated that since Mexico would encounter
constitutional difficulties in accepting the text of the Charter, which was
not in Spanish, he reserved the right to raise the same arguments which have
been expounded in the Sub-Committee against his amendment, particularly in
regard to proposed amendments to Article 92.
The addition to Article 99 suggested by the United States concerning
Germany and Japan has not yet been discussed.
New Article 100 proposed by the Delegate of Chile
The majority of the Sub-Committee believed that the principle contained
in this amendment was already covered by other Articles of the Charter,
A working party was formed to redraft the text submitted by the
delegate of Chile; however, since no compromise wording acceptable to all
concerned could be found, the delegate of Chile, in a gesture of co-operation,
withdrew his amendment.
article 100
"Deposit of Texts.
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.
Done at....this......... day of.....One Thouisand Nine Hundred
and Forty......"
Comments
After some discussion of the Costa Rican amendment, the Sub-Committee
came to the conclusion that a decision on the question whether the Charter
/should be E/CONF.2/C.6/48
Page 5
should be entitled the "Havana Charter" would best be decided at a later
stage of the Conference. The Sub-Committee points out that it has found
no precedent in other similar organizations for giving an official name
to the basic instrument. |
GATT Library | tm419ps0662 | Interim report of Sub-Committee J on Articles 95, 96, 98, 99 and 100 | United Nations Conference on Trade and Employment, January 26, 1948 | Sixth Committee: Organization | 26/01/1948 | official documents | E/CONF.2/C.6/48/Rev.1 and E/CONF.2/C.6/44-75 | https://exhibits.stanford.edu/gatt/catalog/tm419ps0662 | tm419ps0662_90170103.xml | GATT_146 | 1,661 | 10,931 | United Nations Nations Unies
CONFERENCE CONFERENCE E/CONF.2/C.6/48/
ON DU Rev.1 Rev.1 26 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTE: ORGANIZATION
INTERIM REPORT OF SUB-COMMITTEE J ON ARTICLES
95, 96, 98, 99 and 100
Sub-Committee J was appointed at the twentieth session of the
Sixth Committee on 5 January 1948 and consisted of the representatives of
Argentina, Belgiam, Czechoslovakia, France, India, Italy, United States,
United Kingdom and Uruguay; and for the purpose of discussion of the
United States amendment to Article 99, the representatives of Australia,
China, Denmark and Poland were to be added. Mr. J. E. S. Fawcett,
(United Kingdom.) was Chairman.
The Sub-Committee held 8 meetings and recommends the following draft
Articles to the Sixth Committee for their consideration.
Article 95
"Amendments
"1. Any amendment to this Charter which does not alter the obligations
of Members shall become effective upon approval by the Conference by
the affirmative votes of two-thirds of the Members.
2. Any amendment which alters the obligations of Members, shall, after
receiving the approval of the Conference by the affirmative votes of
two-thirds of the Members present and voting, become effective for each
Member 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, on acceptance by it. The
Conference may, in its resolution approving an amendment under this
paragraph, determine that the amendment is of such a nature that all
Members, which have not accepted it within a specified period after
the amendment has become effective, shall be suspended from membership
in the Organization; Provided that at any time, the Conference may,
by the affirmative votes of two-thirds of the Members present and
voting, determine the conditions under which this suspension shall
be waived with respect to any such Member.
3. A Member not accepting an amendment under paragraph 2 of this
Article, shall be free to withdraw from the Organization at any time
after the amendment has become effective, upon the expiration of sixty
/days from the E/CONF.2/C.6/48/Rev.1
Page 2
days from the day on which written notice of such withdrawal, which may
be given at any time, is received by the Director-General; Provided that
the withdrawal of any Member suspended under paragraph 2 of this Article
shall, be effective upon receipt of written notice of withdrawal by the
Director-General.
4. The Conference shall, by the affirmative votes of two-thirds of
the Members present and voting, establish rules with respect to the
reinstatement of Members suspended under the provisions of paragraph 2
of this Article and any other rules required for carrying out the
provisions of this Article, including the determination whether
paragraph 1 or paragraph 2 would apply."
Comments
The Sub-Committee has substituted paragraphs 2, 3 and 4 for paragraphs 2
and 3 of the Geneva text with the following objectives: firstly, to provide
for suspension of a Member not accepting an amendment, instead of compulsory
withdrawal, Secondly, to make it possible for a Member not accepting an
amendment may make its withdrawal effective from the moment when the
amendment becomes effective.' Thirdly, to clarify the procedure.
In particular the draft provides that the Conference may determine the
nature of the amendment for the purposes of the Article at the time when the
Conference approves the amendment for its submission to Governments,
The draft also provides that the amendment becomes effective ninety days
after two-thirds of the Members have accepted it in order that a Member not
accepting it, may have sufficient time to consider the amendment and, if
necessary, give notice of its withdrawal, so that the withdrawal takes effect
simultaneously with the amendment becoming effective, The notice of
withdrawal may be given at any time, but cannot in any case become effective
before the amendment enters into force.
The ninety-day lapse between acceptance of an amendment by two-thirds of
the Members and the date of its becoming effective, also provides adequate
time for Members accepting the amendment to implement it through their
legislative or administrative machinery.
There is also provision for the waiver of suspension and for rules for
the reinstatement of Members suspended.
Article 96
"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 regular annual session nearest the end of the fifth year after its
entry into force.
/2; The Director-General E/CONF.2/C:6/48/Rev.1
Page 3
2. The Director-General shall invite each Member, at least one year in
advance, to submit any amendment or observations which they may wish to
propose and shall circulate them for consideration by the other Members.
3. Amendments resulting from such review shall become effective
according to the procedure established in Article 95."
Comments
The Sub-Committee has expanded this Article in order to provide that
the special session may be part of, or be a continuation of', the annual
session, to emphasize that Members may submit both amendments and general
observations on the Charter for review and to make it clear that any amendments
approved at the special session are subject to the procedure of Article 95.
The Draft Article also provides for the circulation of amendments
received by the Director-General to Member States for their consideration.
Article 98
"Entry into Force and Registration.
1. Instruments of acceptance of this Charter shall be deposited with
the Secretary-General of the United Nations, who will inform all
governments represented at the United Nations Conferene on Trade and
Employment and all Members of the United Nations not so represented,
of the date of deposit of each instrument of acceptance and of the day
on which this Charter enters into force.
2. This Charter shall enter into force on the sixtieth day following
the day on which the number of governments represented at the
United Nitions Conference on Trade and Employment which have deposited
instrument of acceptance pursuant to paragraph 1 of this Article shall
reach [twenty,] and the instrument of acceptance of each other accepting
government shall take effect on the sixtieth day following the day on
which it is deposited; Provided that, if this Charter shall not have,
entered into force by [30 June 1949], the Secretary-General of the
United Nations shall institute consultation among those governments
which have deposited acceptances to determine whether; and on what
condition, they desire to bring the Charter into force,
3. The United Nations is authorized to effect registration of this
Charter as soon as it comes into force."
Comments
The discussion turned on two questions: (1) the number of acceptances
necessary to bring the Charter into force, and (2) the necessity of the
proviso in paragraph 2.
The following representatives were in favour of maintaining the number
of twenty acceptances as provided for in the Geneva text: Belgium, France,
/India,'Italy, E/CONF.2/C.6/48/Rev.1
Page 4
India, Italy, United Kingdom and United States; the following were in favour
of making entry into force of the Charter conditional upon its acceptance by
a majority of the signatories of the Final Act of the Havana Conference:
Argentina, Mexico and Uruguay; the representative of Czechoslovakia proposed
a compromise number which was not accepted.
The proviso as redrafted omits any reference to the General Agreement
on Tariffs and Trade. The Sub-Committee has-inserted a provisional date for
the operation of the proviso and has also circulated a request to delegations
asking them to.subimit to the Sixth Committee the earliest estimated date by
which ratification of the Charter would be possible in their countries.
The Central, Drafting Committee is invited to consider, in paragraph 3,
whether a singular or plural verb should follow the expression
"United Nations", and also to consider the possible overlapping between the
provisions of Article 68 and paragraphs 1 and 2 of the new Article 98.
Article 99
The Mexican amendment to paragraph 3 was withdrawn as certain delegates
stated that their governments would encountor constitutional difficulties
in attempting to enforce the provisions of Article 99 as drafted in-the
Mexican amendment.
The delegate for Mexico stated that since several countries might
encounter difficulties of a constitutional character for acceptance of
the Charter, which was not in Spanish, he reserved the right to raise the
same arguments which have been expounded in the Sub-Committee against his
amendment, particularly in regard to proposed amendments to Article 92, and
also reserved his right to introduce a new amendment to Article 99,
paragraph 3, when this Article comes up for discussion in Committee VI.
The addition to Article 99 suggested by the United States concerning
Germany and Japan has not yet been completely discussed.
New Article 100 Proposed by the Delegate for Chile
The majority of the Sub-Committee believed that the principle contained
in this amendment was already covered by other Articles of the Charter.
A working party was formed to redraft the text submitted by:the delegate
for Chile; however, since no compromise wording acceptable to all concerned
could be found, the delegate for Chile, in a gesture of co-operation,
withdrew his amendment.
Article 100
"Deposit of Texts and Date.
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.
/2. The date of this E/CONF.2/C.6/48/Rev.1
Page 5
2. The date of this Charter shall be the day upon which the
Final Act of the United Nations Conference on Trade and Employment
is signed."
Comments
The above is the text proposed by the Secretariat for Article 100,
(document E/CONF.2/C.6/54). After some discussion of the Costa Rican
amendment, the Sub-Committee came to the conclusion that a decision on the
question whether the Charter should be entitled the "Havana Charter" would
beat be decided at a later stage of the Conference. The Sub-Committee
points out that it has found no precedent in other similar organizations for
giving an official name to the basic instrument. |
GATT Library | fz548kg2416 | Interim Report : To be submitted to the Third Session of the Contracting Parties, April, 1949 | General Agreement on Tariffs and Trade, November 16, 1948 | General Agreement on Tariffs and Trade (Organization), Contracting Parties, and Committee on Special Exchange Agreements | 16/11/1948 | official documents | GATT/CEA/7 and GATT/CEA/1-9 GATT/CEA/W.1-6 GATT/CEA.2/W.1-11 GATT/CEA/N.1-4 | https://exhibits.stanford.edu/gatt/catalog/fz548kg2416 | fz548kg2416_90310153.xml | GATT_146 | 5,232 | 33,582 | LIMITED B
GATT/CEA/7
16 November 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
CONTRACTING PARTIES COMMITTEE ON SPECIAL EXCHANGE AGREEMENTS
INTERIM REPORT
to be submitted to the Third Session of
the CONTRACTING PARTIES, April, 1949.
1. The Committee was appointed by the CONTRACTING PATIES
at the Second Session which was held in Geneva in August
and September 1948, to prepare the draft of an agreement,
pursuant to Article XV, between the CONTRACTING PARTIES and
those contracting parties which are not members of the
International Monetary Fund and to recommend a time within
which those contracting parties should become members of
the Fund or, failing that enter into special exchange
agreements with the CONTRICTING PARTIES.
2. The Committee is composed of eight members, namely,
Belegium, Burma, Ceylon, France, New Zealand, Pakistan,
United Kingdom and United States. The Committee met in
Geneva on 8th September and in London from lst to. 9th
November 1948. Mr. George Bronz, representative of the
United States, aws elected chairman.
3. Representatives of the International Monetary Fund
have attended the meetings of the Committee and have
rendered valuable assistance in discussions of-exchange
control problems in elucidating the Articles of Agreement
of the Fund and in preparing the documents annexed to this
Report. At the meeting In London the Committee was
assisted by observers for Australia and Canada, and, in
addition, the Government of Sweden, which intends to
participate in the tariff negotiations in 1949 with a view
to accession to the General Agreement but which is not a
member of the Fund, was represented.
4. The work of the Vommitta has not been completed and
arrangements will be made for a third meeting to be held
Just prior to the Third Session of the CONTRACTING P.'-TIES
li April 1949. The Committee felt that, in' order to
facilitate the reachiing of unanimous and final agreement on
the form of a special changee agreement to which
* Documents GATT/CEA//3-6 were issued to the participants
in the London meeting, only and are not being generally
distributed. - 10 - GATT/CEA/7
page 2
contracting parties not members of the Fund should be
required to adhere, it would. be wall at the present stage
not to carry its work beyond the preparation of the annexed
documents . The Coummittee wishes, however, to submit this
Interim Report so that all contracting parties. will be
informed of the course of its deliberations well in
advance of' the Third Session.
5. One member of the Committee was of the opinion that
the agreement should be brief, and couched in general terms
but, while maintaining this view, he .did not disagree with
the opinion of the other members that the obligations",
imposed upon. signatory governments should be no less.
effective in promoting exchange stability and orderly
exchange arrangements than those imposed upon members of
the Fund by the Articles of Agreement of the Fund. The
objective should be to ensure, so far as possible, that
contracting parties not members of the Fund will be neither
at an advantage nor. at a. disadvantage compared with other
contracting parties.-
6. It was the opinion of most members of the Committee
that the contracting parties which are Fund members and
those which sign special exchange agreements will wish to
know clearly where they stand as to the rights and obliga-
tions entailedd in such agreements For this purpose a
document will be needed which must in any case closely
resemble the Articles of Agreement of the Fund in so far as
they can be applied to a country which has not joined. the
Fund and which, therefore,. has no right to draw on the
Fund's resources. It will be found, therefore, that the
document which appears in Annex "A" to this Interim Report
follows very closely, in many cases word for word, the
relevant Articles of the Fund Agreement. It was the
intention of the Committee when borrowing the words and.
terminology of . the. Fund Agreement to convey as. far as
practicable the same meaning as that of the Fund Agreement.
All members of the Committee were agreed that, subject .to
further consideration of particular points in this document
to which individual delegations attach importance, it may
be regarded in general and as a whole as a. fair statement.
of the principles which should govern, the exchange arrange-
mants of contracting parties which are not members of the
Fund..
7. The Committee also prepared a sample instrument .of
accession whereby a contracting party nct a member of the
Fund might agree to observe the principles contained in the
provisiQnsof Annex "A". The. sample instrument of accession
will be found in Annex "B" to this Report.
8. There are two provisions contained in Annex "A" which
require some explanation:-
(i) Article VI - Changes in Par Value.
In paragraph 3(b) it is proposed that 96 hours should
be allowed for the CONTRACTING PARTU S to declare their
attitude on a proposed change in par value. The corresponding - 11 - GATT/CE/7
page 3
article in the Fund Agreement (Article IV, Section 5)
provides for a period of 72 hours, but the Committee
considers that the extra day should be allowed in view of
the fact that the request of the Government and the res-
ponse of the Fund will have to pass through the hands
of the person acting on behalf of the CONTRACTING PARTIES.
Similarly, in paragraph 5; a period of 96 hours is
allowed for an Acceding Government to inform the CONTRACTING
PARTIES that it does not intend to fall in line with a
unif orm proportionate change in the par values of the
.currencies of Fund members whereas in the Fund Agreement
(Article IV, Section 7) only 72 hours are allowed for a
Fund member to inform the Fund of such a decision.
(ii) Article X - Convertibility.
In adapting the provisions of Article VIII, Section 4,
of the Fund Agreement to serve the purposes of the CONTRAC-
TING PARTIES the Committee found that paragraph (b)(v)
should be omitted, in view of its reference to the purchase
of currencies from the Fund, but that some provision
should nevertheless be made for exemption from the obliga-
tion to purchase foreign-held balances in cases where the
observance of this obligation would be a threat to exchange
stability, Accordingly paragraph 3(e) has been inserted.
9. The Committee wishes to recommend to the CONTRACTING
PARTIES that they should proceed forthwith to act in terms
of paragraph 8 of Article XV of the General Agreement by
submitting to the contracting parties which are not members
of the Fund a request for information identical in scope
to that required by the Fund from its members and to make
arrangements for the transmission of the information thus
received to the Fund.
10. Finally the Committee wishes to record that it
has considered the instruction in its terms of reference to
recommend the time within which those contracting parties
which are not members of the Fund shall either join the
Fund or enter into special exchange agreements with the
CONTRACTING PARTIES. Since there does not appear to be
any urgency for the submission of this recommendation the
Committee decided to defer its decision until its next
meeting and then to put forward its recommendation in the
supplementary report which will be prepared at that time. -12 - GATT/CEA/7
page 4 ANNEX "A"
TENTATIVE DRAFT OF SPECIAL EXCHANGE AGREEENT
The. CONTRACTING PARTIES to the General Agreement
on Tariffs and Trade,
CONSIDERING that Article XV of the General Agreement
on Tariffs and 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
Fund, 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 shall 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 ADOPT the following as the text of the
special exchange agreement which shall be submitted
for accession to all contracting parties concerned.
(hereinafter called Acceding Governments):
Exchange Stability and Orderly
Exchange Arrangements
The Acceding Government shall collaborate with
the CONTRACTING PARTIES to promote exchange stability,
to maintain orderly exchange arrangements with other
contracting parties and to avoid competitive exchange
alterations. - 13 -
GATT/CEA/7
Article II
Determination of Initial Par Value
1. Unless an initial, par value is agreed in the instrument
by which the Acceding Goverment accedes to this Agreement, the
Acceding Government shall, within thirty days after the
CONTRACTING PARTIS so request, communicate to them the par
value of its currency based on the rates of exchange prevailing
at the 'time. The par value so communicated shall be the initial
par value of its currency for the purposes of this Agreement
unless within ninety days after the request has been received
(a) the Acceding Government notifies the CONTRACTING PARTIES that
it regards the par value as unsatisfactory or (b) the CONTRACTING
PARTIES notify the Acceding Government that in their opinion the
adoption of such par value would not serve the purposes of
exchange stability and orderly exchange arrangements. When such
notification is given the CONRACTING PARTIES and the Accading
Government shall, within a period to be determined by the
CONTRACTING PARTIES, agree upon a suitable initial par value.
2. An Accoding Governament agrceing or comnunicating an
initial par value for the currency of its metropolitan territory
under paragraph 1 shall agree or communicate, as the case may be,
a value in terms of that currency for each separate currency,
whore such exists, in .the territories in respect of which it has
accepted the General Agreement pursuant to paragraph 4 of Article
XXVI thereof. On the basis of the par value so communicated.
the CONTRACTING PARTIES shall compute the par value of each
separate currency. An Accoding Govarnment may, however, agree
or communicate an .initial par value for the currency of its
metropolitan territory or any of the separate currencies alone
If the Acceding Government does so, the provisions of paragraph 1
shall apply to each of these currencies separately.
3. . The par value of the Acceding Government' s currency shall
be expressed in terms of gold as a common. denominator or in terms
of the United States dollar of the weight and fineness in effect
on July 1, 1944.
4. The CONTRACTING PARTIES Will keep the Acceding Government
currently informed on the par values of the currencies of the
other contracting parties.
Article III. Gold Transactions based on Par Value
1. The Acceding Government shall not buy gold at a price above
the par value for its currency plus the margin permissible under
this Article, or sell gold at a price below thb par value minus
the margin permissible under this Article.
2. The margins permissible for transactions it gold by the
Acceding Government shall be the some as those permissible to
contracting parties which are members of the Funds and the
CONTRACTING PARTIES shall keep the According Government informed
of such margins. GATT/CEA/7
Page 6
Article IV
Foreign Exchange Dealings based on Parity
The maximum and minimum rates for exchange trans-
actions between the currency. of the Acceding. Government and
the currencies of other contracting parties taking place
within the teirtitories of that Acceding Governmaent shall not.
diff er from parity:
(a) in the case of spot transactions, by more than 1%
and
(b). in the case of other exchange transactions, by a
margin which exceeds the margin. for spot exchange
transactions by more than the CONTRACTING PARTIES
consider reasonable
Article V
Obligations regarding Exchange Stability
The Acceding Government undertakes through appropriate
measures consistent with this Agreement, to permit within its
territories exchange transactions between its currency and
the currencies of other contracting. parties only within the
limits prescribed under Aticle IV. An Acceding Government
whose menetary authorities, for the, settlement of imager-
.national transactions in fact freely buy and sell gold with-
in the limits prescribed under Article III, shell be deemed
to be fulfilling this undertaking-.
Article VI Change in Par Value
1. TI>Q . acceding Government shall not propose a change in the
par value of its currency. except to correct a fundamental
disequilibrium.
2. A: change in the par value of the Acceding Government 's
currency may be made only on the proposal of the Acceding
Government and only after consultation with the CONTRACTING
PARTIES
When a change is proposed, the CONTRACTING PARTIES shall
first take into account the. changes, if any, which have
already taken place in thp initial par value of. the Accedinrg
..Government s currency as determined under Article II. If
the proposed change,. together With all previous changes,
whether increases or decrecases.
(a) 'does not exceed 10% of the initial par value, the
CONTRACTING PARTIES shall raise no objection; GATT/CEA/7 Page 7
(b) does not, exceed a further 10% of the initial. par
value the CONTRACTING PARTIES may either concur
or object, but shall declare their attitude within
ninety-six hours if the Acceding Government .so
requests;
(c) is not within (a) or (b) the CONTAACTING ARTIES
may either concur or object , but. shall be entitled.
to a longer ped in which to declare their
attitude.
The CONTRACTING PARTIES shall concur in a proposed
change which is within the terms of (b) or..(c) of paragraph 8,
if they are satisfied that the change is necessary to correct
a fundamental disequilibrium. In particular, provided they
are so satisfied, they shall not object to a proposed change
because of the domestic social or political policies of the
Acceding Government-
5. If the Fund, in accordance with Article IV, Section 7 of
the Articles of Agreement of the Full, makes uniform prop-
ortionate 'changes in the par values of the currencies; of
Fund members, the Acceding Government will change its pai
value proportionately, unless it informs the CONTRACTING
PARTIES within inety-six hours after it has been notified by
the CONTRACTING PARTIES of the FundIs action that it does
not which the par value on its currency to be changed,.
6. C0;>gas in. the par value made .under paragraph 5 shall not
be taken into account in determining whether a proposed change
falls within (a), (b) or (c) of paragraph 3.
7. If the Acceding Government pr poses a change in the par
value,. of its currency it shall be deemed, unless it declares
otherwise, to be proposing a corresponding change in the par
value of the separate currencies of all territories in
respect of which an initial 'pai value has been established
pursuant to paragraph 2 of. Article II. It shall, however,
be open to the Acciding Government to declare that its
proposal relates either to the metropolitan currency alone,
or' only to one or more specified separate currencies,. or to
the metropolitan currency and one or more specified separate
currencies.
8. If -the Acceding Government changes the par value of its
currency despite the objection of the CONTRACTING PARTIES,
in cases whore the. CONTRACTIG PARTIES are entitled to object,
the Acceding Government shall be deemed to, have failed to
carry out its obligations under this agreement. - 8 - GATT/CEA/7
page 8
Article VII
Avoidance of Restrictions
on Current Payments
1. SubJect to the provisions of Articles IX and XI, the
Acceding Government shall not, without the approval of the
CONTRACTING PARTIES, impose restrictions on the making of
paynts and transfers for current. international
transactions.
2. No Acceding Government shall ongage in, or pormit
any of its fiscal agents referred to in paragraph 4 of
Article XIII to engage in, any discriminatory currency
arrangements or multiple currency practices except as
authorized -under this Agreement .or. approved by the
CONTRACTING P. TIES. If such arrangements and practices
were engaged in on January 1,1948 (the date on which the
General Agreement, was first provisionally applied)., the
Acceding Government shall consult with the CONTRACTING
PARTIES as to their progressive removal unless they are
maintained or imposed under paragraph 1 of Arttcle XI in
which case the provisions of paragraph 3 Of that Article
shall apply
3. Exchange contracts which evolvee the currency of any
contracting party and Vhich are contrary to the exchange
control regulations of that contracting party maintained
or imposed consistently with the Articles of Agreement of
the Fund or with the provisions of this Agreement shall
be unenforceable in the territories of the Accerding
Government. In addition, the Accoding Government may,
by mutual accord with other contractin, parties, co-
operate in measures for the purpose of making the exchange
control regulations .of either contracting party more
effective, provided that such measures and regulations
are consistent with this Agreement or winth the Articles
of Agreement of the Fund, whichever may be applicable to
the contracting party whose measures or regulations are
involvedd; - 9 - GATT/CEA/7
Page 9
Article VIII
Controls of Capital Transfers
1. The Acceding Government may exercise such controls
as are necessary to regulate international capital move-
ments, but nay not exercise those, controls in a manner which
will restrict payments for current transactions or which.
will unduly delay triansfers of funds in settlement of
commitments, except as provided in Articles IX and XI.
2. The CONTRACTING PARTIES may request the Acceding
Government to exorcise controls to pravant a large or
sustained outflow. of capital if they consider that such
outflow would be likcely to have results which might on-
danger the objectives of this Agrecriont or, of the Gen-ral
Agreement.
Article IX Scarce Curroncies
1. Tha Acceding Governrnment is authorised to impose
temporarily, after consultation with the CONTRACTING
PARTIES limitations on the freedom of exchange oper-
ations In a c rrency which has formally been declared
scarce by the Fund in accordance with Article VII, Section
3 (a) of the Articles of Agreement of the Fund. Subject
to the provisions 2 Articles IV and V of this Agreement,
the Acceding Governmoht shall have complete jurisdiction
in determining the nature of such limitations, but they
shall be no more restrictive than is necessary to limit
the demand for the scarce currency to the supply held by,
or accruing to, the, Acceding Government; and they shall
be relaxed and romoved as rapidly as conditions permite
The authorization hero montioned shall expire whenever
the Fund formally declares the currency in question to be
no longer scarce.
2. If the Acceding Governrrent is imposing limitations
in accordance with paragraph l, it shall give sympathetic
consideration to any representations by the contracting
party whose currency has been declared scarce regarding
th) administration of such restrictions.
3, The CONTRACTING PARTIES shall request any contracting
party against which restrictions may be permitted under
this Article not to invoke the obligation of any engage-
mont entered into with the According Government prior to
this Agreement in such a manner as will prevent the oper-
ation of the provisions of this Article. - 10 - GATT/CEA/7
Page 10
Article X
Convertibility of Balances Held
by Other Contracting Parties
1. The acceding Government shall buy balances of its
currency held by another contracting party if the latter,
in requesting the purchase, represents:
(a) that the balances to be bought have been
recently acquired as a result, of current
transactions; or
(b) that their conversion is needed for making payments
for current transactions.
2. The Acceding Government shall have the option to
pay either in the currency of the contracting party making
the request or in gold,
3. The obligation under paragraph 1 shall not apply
(a) when the convertibility of the balances has been
restricted consistently with article VII or
VIII; or
(b) when the balances have accumulated as a result
of transactions effected before the removal by
the Acceding Government of restrictions
maintained or imposed under Article XI; or
(c) when the balances have bean acquired contrary to
the exchange regulations of the Acceding
Government; or
(d) when the currency of the contracting party
requesting the purchase has been declared scarce
and the Acceding Government has been so notified
under Article IX; or
(e) with the approval of the CONTRACTING PARTES,
in any particular circumstance in which the
fulfilment of the obligations of paragraph l of
this Article would dangerously threaten exchange
stability. - 11 - GATT/CEA/7
page 11
Article XI
Transitional Period.
1. In the post-war transitional period the Acceding
Government may, notwithstanding the provisions of any other.
article of this Agreement, maintain and adapt to changing
circumstances (and, in the case of Acceding Governments whose
territories have been occupied by the enemy, introduce where
necessary) restrictions on payments and transfers for current
international transactions. The Acceding. Government shall,
however, have continuous regard in its foreign exchange
policies to the intent of the General Agreement and of this
Agreement; and, as soon as conditions permit it shall take
all possible measures to develop such commercial and financial
arrangements with other contracting parties as will facilitate
international payments and the maintenance of exchange stability.
In particular, the Acceding Government shall withdraw restric-
tions maintained' or imposed under this paragraph as soon as it
is satisfied that it will be able, in the absence of such
restrictions, to settle its balance of payments in a manner
which will not unduly impair its "external financial, position.
2. The Acceding Government shall notify the CONTRACTING
PARTIES, within thirty days of the entry into force of this
Agreement, whether it intends to avail itself of the transi-
tional arrangements in paragraph 1 or whether it is prepared
to accept the obligations of Articles. VII and X In the
event that the Acceding Government avails .itself of the transi-
tional arrangements, it shall notify the CONTRACTING PARTIES
as soon as it is prepared to accept the abovo-mentoned
obligations.
3. Not later than March 1, 1950 and in each year thereafter
the CONTRACTING PARTIES shall report on the restrictions still
in force under paragraph 1. Not later than. March 1, 1952, and
in each year thereafter, if the Acceding Government still
retains any restrictions inconsistent with Article VII or X,
it shall consult with the CONTRACTING PARTIES as to their
further retention. The CONTRACTING PARTIES may, if they deem
such action necessary in exceptional circumstances, make
representations. to the Acceding Government that conditions are
favourable For the withdrawal of any particular restriction
or for the general abandonment of restrictions, inconsistent
with the provisions of any other article of this Agreement.
The Acceding Government shall be given a suitable time to
reply to such representations. If the CONTRACTING PARTIES find
that the Acceding Government persists in maintaining restric-
tions which are inconsistent with the intent of this Agreement,
the Acceding Government shall be deemed to have failed to carry
out its obligations under this Agreement. - 12 - GATT/CEA/7
page 12
Article XII
Furnishing of Information
1. In accordance with paragraph 8 of Article XV of the
General Agreement the Acceding Government shall furnish the
COTRACTING PARTIES with such information as they may require
in order to carry out their functions under the General Agree-
ment and this Agreement, including, as a minimum, national data
on the following matters:
(a) Official holdings at home and abroad of (1) gold, (2)
foreign exchange.
(b) Holdings at home and abroad by banking and financial
agencies, other than official agencies, of (1) gold,
(2) foreign exchange.
(c) Production of gold.
(d) Gold exports and imports according to countries of
destination and origin.
(e) Total exports and imports of merchandise in terms of
local currency values, according to countries of
destination and origin.
(f) International balance of payments, including (1) trade
in goods and services, (2) gold transactions, (3)
known capital transactions, and (4) other items-.
(g) International investment position, i.e. investments
within the territories of the Acceding Governuent
owned abroad and investments abroad owned by persons
in the territories of the Acceding Government so far .
as it is possible to furnish this information.
(h) National income.
(i) Price indices, i.e. indices of commodity prices in
wholesale and retail markets and of export and import.
prices.
(3) Buying and selling rates for foreign currencies.
(k) Exchange controls, i.e. a comprehensive statement of
exchange controls in effect at the date when this
Agreement enters into force and details of subsequent.
changes as they occur.
(1). Where official clearing arrangements exist, details-.
of amounts awaiting clearance in respect of commercial
and financial transactions, and of the length of time
during which such arrears have been outstanding.
2. In requesting information the CONTRACTING PARTIES shall
take into consideration the ability of the Acceding Government
to furnish the data requested. The acceding Government shall
be under :no obligation to furnish information 'n such detail
that the affairs of individuals or corporations are disclosed.
The Acceding Government undertakes, however, to furnish the
desired information in as detailed and accurate a manner as is
practicable and, so far as possible, to avoid mere estimates. - 21 -
GATT/CEA/7
page 13
Article XIII
Miscellaneous Provisions
1. The relevant .explanation of terns contained in Article XIX
..of the Articles of Agreenent of the Fund shall apply to this
Agreement.
2. The CONTRACTING PARTIES shall at all times have the right
to communicate their. views informally to the Acceding Government
on-any matter arising under this Agreement.
3. The CONTRACTING PARTIES shall suspend the operation of
Article IV and V of this. Agreement for the same period of time
and to the same extent as the Fund suspends the operation of
corresponding provisions of its Articles of Agreement in accordance
with Article XVI, Section l, of the Articles of Agreement of tho
Fund.
4. For the purposes of this Agreenent the Acceding Government
shall deal with the CONTRACTING PARTIES only through its Treasury,
central bank, stabilization fund or other similar fiscal a-gency,
and communications from the CONTRACTING PARTIES to the Acceding
Govermnment shall be made only through that agency.
The CONTRACTING PARTIES shall designate person or
persons who may act or; their behalf in carrying out the -provisions
of this Agreezent.
6. Without prejudice to Article XXIII of the General Agreement,
whenever in the opinion of the CONTRACTING PARTIES the Acceding
Government fails to observe any of the provisions of the Agreement,
the CONTRACTING PARTIES shall make representations to the Acceding
Government. - The Acceding Government shall be given reasonable time
to reply to such representations.;
7. The CONTRACTING PARTIES shall seek an understanding with
the Fund to the effect that.
(a) whenever the CONTRACTING PARTIES consult the Fund on
exchange matters particularly affecting an Acceding
Government; the latter will be offered an opportunity
to present its case directly to the Fund, and
(b) an Acceding Government may initiate direct consultation
between itself and the Fund in appropriate cases, pro-
vided that it shall notify the Chairman of the:
CONTRACTING PARTIES upon such occasion that it avails
itself of this right. - 22 -
GATT/CEA/7
page 14
Article XIV
Amendments to this Agreement
Amendments to this Agreement may be suggested at any tine by
any contracting party. An amendment to this Agreement shall
become effective in respect of those Acceding Governments which
accept it upon adoption by the CONTRACTING PARTIES and thereafter
for' each other Acceding Government upon acceptance by it. The
CONTRACTING PARTIES may decide that any amendment made effective
under this Article is of such a nature that any Acceding Govern-
ment which has not accepted it within a period specified by the
CONTRACTING PARTIES shall be free to withdraw from the General
Agreement or to remain a contracting party with. the consent of the
CONTRACTING PARTIES.
Article XV
Accession Entry into Force and Termination
1. This Agreement shall as soon as possible be submitted to
each contracting party which has not become a member of the Fund
or which ceases to be a member of the Fund.
2. Any contracting party to which this Agreement is submitted.
for accession shall become an Acceding Government by depositing
an instrument of accession with the Secretary General of the
United Nations on or before
(a) ....... (date) ..... in the case of a government which is a
contracting party when this Agreement is adopted, or
(b) .... months after it becomes a contracting party in the
case off a government which becomes a contracting' party
after ......... (saie date as above) ..... or
(c) thirty days after ceasing to be a member of the Fund, in
the case of a government which ceases to be a member of
the Fund,
which instrument may specify:
(a) the initial par value of the currency of the contracting
party concerned if at the time, of accession the contracting
party concerned and the CONTRACTING PARTIES have agreed on
such par value;
(b) whether the contracting party concerned intends to avail
itself of the transitional arrangements in paragraph 1 of
Article XI or whether it then accepts the obligations of
articles VII and X, and
(c) pursuant to paragraph 4 of Article XIII the agency through
which the Acceding Government intends to deal with the
CONTRACTING PARTIES for the purposes of this Agreement.
3. This Agreement shall enter into force with respect to each
Acceding Government on the day on which that Government deposits an
instrument of accession.
This Agreement shall terminate if and when the Acceding
Government becomes a member of the Fund, or withdraws from the
General Agreement. - 23 - GATT/CEA/7
page 15
TENTATIVE DRAFT INSTRUMENT OF ACCESSION
The Government of .........................
CONSIDERING that Article IV of the General Agreement
on Tariffs and Trade (hereinafter called the General
Agreement) relates to exchange arrangements:
CONSIDERING that paragraph 6 of that Article provides
that any contracting party which is riot a member of the
International Monetary Fund (hereinafter called the Fund)
shall, within a time to be determined by the CONTRACTING
PARTIES after consultation with the Fund, become a member
of the 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 shall
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:
RECOGNIZING that the special exchange agreement
adopted by the CONTRACTING PARTIES in accordance with a
resolution of ..... (date) ....., conforms to the
foregoing requirements:
HEREBY ACCEDES to this special exchange agreement
and in accordance with Article XV thereof specifies:
1. Initial par value.
2. Transitional arrangement.
3. Fiscal agent.
IN WITNESS WHEREOF the representative of ......,
duly authorized, has signed the present instrument of
accession. |
GATT Library | rn904cx0322 | Interpretative notes regarding provisions of the Charter : Note by the Executive Secretary | United Nations Conference on Trade and Employment, February 16, 1948 | 16/02/1948 | official documents | E/CONF.2/BUR/32, 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/rn904cx0322 | rn904cx0322_90180198.xml | GATT_146 | 204 | 1,551 | United Nations Nations Unies RESTRICTED
CONFERECE CONFERENCE E/CONF.2/BUR/32
ON DU 16 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
INTERPRETATIVE NOTES REGARDING PROVISIONS OF THE CHARTER
Note by the Executive Secretary
At its second meeting held on 2 December 1947, the General Committee
gave the following ruling:
"The General Committee recommends for the guidance of all
Committees that in so far as possible the text of the Charter should
be made so clear that no interpretative notes will be required. This
should be the aim of all Committees. If it is decided ultimately
that some interpretative notes are unavoidable, such notes should be
made an integral part of the text of the Charter."
It has, in fact, proved necessary to resort fairly extensively to
interpretative notes and a decision must, therefore, be made as to the
manner in which these should be dealt with.
It is, therefore, suggested that the General Committee consider
recommending that the interpretative notes should be inserted in an Annex
to the Charter and that an Article on the following lines should be
incorporated in'Chapter IX of the Charter:
"Article .......
"The Annexes to this Charter are hereby made an integral part
of this Charter."
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ |
|
GATT Library | zv664kk0646 | Iraq: amendment to Article 94 (General exceptions) | United Nations Conference on Trade and Employment, January 2, 1948 | Sixth Committee: Organization | 02/01/1948 | official documents | E/CONF.2/C.6/12/Add.9 and E/CONF.2/C.6/12/ADD.4-44 | https://exhibits.stanford.edu/gatt/catalog/zv664kk0646 | zv664kk0646_90170049.xml | GATT_146 | 136 | 925 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
E/CONF.2/C.6/12/
Add .9
2 January 1948
ENGLISH - FRENCH
OIRIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
IRAQ: AMENDMENT TO ARTICLE 94 (GENERAL EXCEPTIONS)
The delegations of Iraq sugges the addition of a now paragraph (d)
to Article 94, reading as follows:
"(d) to prevent any Member from taking any action in respect
of trade which serves a political purpose contrary to the
essential interests of that Member."
SIXEME COMMISSION : ORGANISATION
IRAK : AMENDMENT A L'IARTICLE 94 (EXCEPTIONS GENERALES)
La délégation de l'Irak propose l'addition à l'article 94 d'un paragraphe
d) nouveau rédigé comme suit
"d) au comme empêchant un Etat membre de prendre toutes measures à l'égard
d'échanges commerciaux qui visent des buts politiques contraires aux
intérêts essentials de cot Etat membre." |
GATT Library | nv318sc1200 | Ireland: proposed amendment | United Nations Conference on Trade and Employment, January 10, 1948 | Third Committee: Commercial Policy and Sub-Committee E (Articles 20 and 22) | 10/01/1948 | official documents | E/CONF.2/C.3/E/W.6 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/nv318sc1200 | nv318sc1200_90190539.xml | GATT_146 | 79 | 563 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
RESTRICTED
E/CONF.2/C .3/E/W.6
10 January 1948
ORIGINAL: ENGLISH
THIRD COMMITTEE: COMMERCIAL POLICY
SUB-COMMITTEE E (ARTICLES 20 AND 22)
IRELAND: PROPOSED AMENDMENT
The delegation of Ireland proposes that the last four lines of
sub-paragraph (ii) of Article 20, paragraph 2 (c) be deleted and the
following inserted instead:
"By making such arrangements as will dispose of the surplus
without prejudice to the current market level". |
GATT Library | gj746pq3546 | Item 10 of the Provisional Agenda : Note by the Executive Secretary | Interim Commission for the International Trade Organization, June 30, 1948 | Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee | 30/06/1948 | official documents | ICITO/EC.2/4 and ICITO/EC.2/2/ADD.5 ICITO/EC.2/6/REV.1 | https://exhibits.stanford.edu/gatt/catalog/gj746pq3546 | gj746pq3546_90060185.xml | GATT_146 | 3,732 | 23,887 | INTERIM COMMISSION COMMISSION INTERIMAIRE DE RESTRICTED
FOR THE INTERNATIONAL L'ORGANISATION INTERNATIONALE ICITO/EC.2/4
TRADE ORGANIZATION DUCOMMERCE 30 June 1948
EXECUTIVE COMMITTEE
Second session
Item 10 of the Provisional Agenda
Note by the Executive Secretary
1. Paragraph 2 (h) of its terms of reference requires the Interim Commission
to enter into consultations with the Secretary-General of the United Nations
regarding the expenses incurred by the Preparatory Committee of the United
Nations Conference on Trade and Employment and by that Conference, and in the
light of such consultations, to present a report to the first regular session
of the Conference. This question was discussed in a preliminary way at the
first session of the Executive Committee which instructed the Executive
Secretary to make known to the Secretary-General its view that the expenses
of the Preparatory Committee and the Conference should be borne by the United
Nations (ICITO/EC.1/SR.2). Following these instructions, the Executive
Secretary, on 24 May 1948, addressed to the Assistant Secretary-General for
Administrative and Financial Services, who had been designated by the
Secretary-General to represent him in this matter, a detailed statement of
the considerations supporting the view of the Interim Commission. A copy of
the Executive Secretary's letter is attached as Annex A.
2. After this letter had been received, the Executive Secretary was invited
to consult with representatives of the United Nations Secretariat. The
latter, without traversing the various specific arguments put forward by the
Executive Secretary, urged that this matter be considered by the Interim
Commission on a practical basis and as a special case. They pointed out
that whereas it was true that the United Nations had borne the expenses
incident to the formation of other specialized agencies up to the establishments
of an interim commission for the body concerned, in all these cases the
expenses had not been heavy. In the case of the ITO, the outlay had been
very large and had been substantially increaseed by the holding of tariff
negotiations in connexion with the second session of the Preparatory
Committee. There was, in their view, cosiderable doubt whether the tariff
negotiations properly fell within the scope of preparations for the Conferene.
They should more appropriately be considered as an anticipation of the work
/of the Organization, Page.2
of the Organization, the expenses of which should, therefore, appropriately
lie with the Organization. The Executive Secretary pointed out that the
tariff negotiations had been regarded by the Preparatory Committee as an
essential part of its work and, moreover, the intention to conduct the
negotiations on this basis at the second session had been communicated to
the Econmic and Social Council and the Council had not objected.
3. The representatives of the Secretary-General also pointed out that
Mr. Lie, in making financial provision for the Preparatory Committee and the
Conference, had always proceeded on the assumption that the moneys advanced
would eventually be repaid. Hence the usual strict accounting procedures had
not been insisted upon and the moneys had been provided out of the Working
Capital Fund, which made it necessary that the Fund should in some way be
replenished. In the Secretary-General's view, this should be done by way of
reimbursement by the International Trade Organization.
4. The matter again discussed at meeting of the Advisory Committee
of the General Assembly on Administrative and Budgetary Questions on
17 June 1948. The Executive Secretary attended these discussions by
invitation of the Advisory Committee.
5 .At this meeting, there was a discussion of the general principles
cconerinng expenses which way properly be borne by the United Nations in
connexion with the creation of any new speciailzed agency, and expenses which
should be regarded as a proper charge to the new organization. It is
understood that the princpiles by which the Secretary-General will be guided
in future are as follows:
6. The expeness of meetings of tecihncal preparatory coimmttees
established by the Econoimc and Social Council in accordance with the terms
of Article 59 of the Charter sUhold be borne, as a general rule, on the
United Nations budget. All other expenses, including the expense of the
first World Conference called to frame the constitution and the expenses
of the preparatory or interim commissions created by the constitutional
confereces should be borne by the new specialized agency or by the
participating Governments
7.The Secretary-General pointed out that these principles, if applied to
ITO, would require the financing of all costs of the London, New York and
Geneva meetings but would continue to consider the costs of the Havana
Coference as reimbursable advances The Secretary-General, hovever,
gave it as his opinion that the principle whereby the United Nations would
bear the expenses of preparatory bodies of a specialized agency which is
being sponsored by the United Nations should not be applied retroactirvely to
the case of the International Conference on Trade and Employment and its
/preparatory body ICITO/EC. 2/4
Page 3
preparatory body in view of the length, complexity and scale of the governmental
negotiations leading to the creation of the proposed ITO.
8. The Executive Secretary, invited to give his views to the Advisory
Committee, reiterated the arguments advanced in the letter attached as
Annex A and added that the administrative decision of the Secretary-General
as to the method of financing did not seem to him to be relevant to the
question of principle which was under discussion.
9. After a full discussion of the many difficulties involved in this
question, the Advisory Committee decided that it was not a matter on which
it would be appropriate for that Committee to make any recommendation. They
therefore suggested that the Secretary-General should coutinue his discussions
with the Interim Commission.
10. The Executive Secretary, in a final statement, said that he had been
impressed with the practical difficulties confronting the Secretary-General
and the Advisory Committee and would bring these points to the attention of
the Executive Committee of the Interim Commission. He was confident that
the Interim Commision would approach the question in a practical manner and
would take full account of the practical difficulties which had been brought
to the Executive Secretary's attention.
1. In its further examination of this question, the Executive Committee
may wish to take into account the following observations of the Executive
Secretary:
(a) In the Executive Secretary's view, there is a strong legal case
for maintaining the position that all the expenses should be borne by
the United Nations.
(b) If this extreme position were not insisted upon, there would be a
strong case for insisting that the ITO should not be more unfavourably
treated than any other agency and therefore any general rules, such as
those referred to in paragraph 6 above, should apply retroactively to
(c) It is clear that the Secretary-General cannot on his own authority
agree to any solution other than reimbursement by the ITO to the
United Nations of sums advanced out of the Working Capital Fund. If
he cannot arrive at any agrement with the ITO to this effect, the
matter will have to be submitted for a ruling by the General Assembly.
(d) The submisison of the matter to the General Assembly my appear
on the surface an attractive solution. On the other hand, it would
undoubtedly raise a considerable public debate over a dispute between
the United Nations and one of the specialized agencies which might
prove harmful and embarrassing. In such an event, there would undoubtedly
be Members of the United Nations who, not having participated in the ITO
/work ICITO/EC.2/4
work and having no immediate intention of joining the Organization, would
strenuously object to any supplementary estimate to meet the preparatory
expense of the ITO. These nations would no doubt also point to the
apparent inequity of absolving non-members of the United Nations who
participated in the Havana Conference, and who may be members of the
Organization, from any share in the cost of the preparatory work from
which, as members of the ITO, they would benefit.
(e) The Secretary-General's claim does not relate to the whole expenses
of the Preparatory Committee and the Conference. A sum of $557,114
was borne on the United Nations' budget for 1916 ad 1947. For this
amount, no claim is presented. The claim relates to the balance of
$954, 830 advanced from the Working Capital Fund.*
(f) If the Secretary-General's claim were met, it would mean that the
International Trade Organization would start its operations with a debt
which, taking into account the expenses of the Interim Commission, would
be over $1,000,000. This would have to be met out of the early budgets
of the Organization. Having regard to the increasing burdens on
Governments for provisions to international organizations, it must be
anticipated that the need to budget for debt redemption in the early
years might handicap the Organization in securing adequate funds for
its operations. On the other hand, the United Nations Members of the
Organization would in any event be called upon to contribute to any
supplementary budget approved by the United Nations for replenishing
the Working Capital Fund if the financial liability were determined to
rest with the United Nations. Their share of the debt might, it is true,
be somewhat larger if it were liquidated through the ITO. On the
other hand, this is by no means certain as it is likely that the absence
of certain Members of the United Nations among the membership of the
ITO will be offset by the presence of nations non-members of the United
Nations.
*There is attached as Annex B to this paper on extract from a report by
the Secretary-General of the United Nations on the financing of the
Preparatory Committee and of the Confererence.
/ANNEX A ICITO/EC. 2/4
Page 5
ANNEX A
LETTER DATED 24 MAY 1948 FROM THE EXECUTIVE SECRETARY OF THE INTERIM
COMMISSION FOR THE INTERNATIONAL TRADE ORGANIZATION TO THE ASSISTANT
SECRETARY-GENERAL FOR ADMINISTRATIVE AND FINANCIAL SERVICES
With reference to the last paragraph of my letter of 19 May, I am
writing to inform you that I am at your disposal to begin discussions
on the question of the expenses of the Preparatory Committee of the
Conference on Trade and Employment, the expenses of the Conference itself
and the repayment of loans to the Interim Commission.
I think it may be useful if, in advance of these discussions, I
were to indicate to you the preliminary views of the Interim Commission
on these questions.
In the first place, the terms of reference of the Interim Commission
clearly separate the question into two parts, namely, the expenses of the
Preparatory Committee and the Conference, and the question of advances to
the Commission. As regards the letter, the resolution establishing the
Commission provides as follows:
The expenses of the Commission shall be met 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.
On this point, I think little difficulty should arise as I am confident
that the Interim Commission would accept the portion that any advances to
the Commission should be reimbursable to the United Nations by the
International Trade Organization when established and that the first budget
of the Organization should make provision for such reimbursement.
The other aspect of the problem raises a more difficult question. At
the request of the Secretary-General, I arranged for this matter to be
discussed in a preliminary way at the Conference on Trade and Employment at
Havana. It was the subject of discussion in a representative working party
set up to consider the establishing of the Interim Commission. The
working party was strongly opposed to the thesis that the expenses in
connexion with the Preparatory Committee and the Conference should be
reimbursable to the United Nations, but in view of the complexity of the
question and the short time available in Havana recommended that the
matter should receive further cosideration by the Interim Comission. The
Commission was, therefore, authorized "to enter into consultations with
the Secretary- General of the United Nations regarding the expenses incurred
/by the Preparatory ICITO/EC .2/4
Page 6
by the Preparatory Committee of the United Nations Conference on Trade and
Employment, and by that Conference and in the light of such consultations,
to present a report to the first regular session of the Conference". The
question was again taken up by the Executive Committee of the Interim
Commission which met at the end of the Havana Conference and after an
exchange of views, the Committee instructed me to make known to the
Secretary-General its view that the expenses of the Preparatory Committee
and the Conference should be borne by the United Nations (ICITO/EC.1/SR.2).
In support of the view of the Interim Commission, I should like to
invite your attention to the following considerations:
Paragraph 4 of Article 62 of the Charter of the United Nations gives
the Economic and Social Council the power to call international conferences
on matters within its competence in accordance with rules prescribed by the
United Nations. The supplementary rule of procedure of the General Assembly
authorizes the Council to call such conferences until the adoption of
definite rules on the subject, including conferences on international trade
and employment.
Pursuant to the supplementary rule of procedure, the Economic and
Social Council at its first session resolved to call an International
Conference on Trade and Employment and constitute a Preparatory Committee
of nineteen members to recommend to the Council the agenda for the
Conference, a time and place and what States non-members of the United
Nations should be invited to attend (resolution 1/13).
It is clear, therefore, that the Conference and the Preparatory
Committee were sponsored as part of the programme of the Economic and Social
Council.
Accordingly, provision was made in the budget of the Department of
Economic Affairs for the financial year ending 31 December 1946, for
expenses expected to be incurred by the Preparatory Committee. In
fact, it proved, impossible for the Preparatory Committee to conclude its
work at the first session held in October 1946, and it was necessary to
arrange for a Drafting Committee and a second session.
In previous correspondence on this subject, there has been some
suggestion that the arrangement for these further meetings represented
an expansion in the programme of the work of the Preparatory Committee,
presumably beyond the ma given it by the Economic and Social Council.
It is somewhat difficult to follow this committe. The Council established
the Committee to carry out certain specific functions on its behalf. It
did not impose any limitation as to time or expenses upon the Committee
and the Committee was, therefore, justified in carrying on its work until
/it considered Page 7
It considered that it had performed its task. Moreover, the Council was
kept fully informed of these developments through the publication and
distribution immediately after the conclusion of the first session of a
report by the Preparatory Committee on the work done at London. It is
clear that the Council took cognizance of this report as the document is
referred to in three of the resolutions adopted by the Council at its
fourth session. In the absence of any decision of the Council to the
contrary, the Committee could only assume the Council approved of the
decision to hold a second session and to appoint a Drafting Committee and
no question would be raised as to additional expenses involved.
It might perhaps be said that the Council did not envisage that the
Preparatory Committee would decide to sponsor the Geneva tariff negotiations
and that, therefore, part at least of the expenses involved in the second
session was incurred by action outside the terms of reference of the Committee.
The tariff negotiations were, however, an integral part of the overall work
of the Preparatory Committee and were sponsored by it as part of the
preparation for the Conference. The Council was fully infomed of the
intention of the Preparatory Committee to sponsor the negotiations by the
report of the first session and in the absence of any advice to the contrary,
the Committee could only assume the Council approved of this course of action.
As regards the expenses of the Conference itself, the Economic and
Social Council decided to call the Conference as early as February l946,
and to hold the Conference pursuant to that decision cannot conceivably
be ragarded as an expansion of the programme laid down by the Council.
The reasons why it appears appropriate for the United Nations to bear
all the expenses of the Preparatory Committee and of the Confernce are the
following:
(a) It can only be assumed that the Economic and Social Council,
in the absence of any specific decision to the contrary, intended to
assume the financial responsibilities of its decision. This is borne
out by rule 30 of the rules of procedure of the Council which reads
as follows:
"Before any proposal which involves expenditure from United
Nations funds it approved the Council, the Secretary-General
shall prepare and circulate to Members (a) a summary report
of the financial implications of the proposals; and (b) estimates
of the costs involved in each proposal."
This rule to based directly upon Regulation 38 of the Provisional
Financial Regulations of the United Nations approved by the General
Assembly. No decision to the contrary was taken in the case of the
/resolution Page 8 resolution by which the Council resolved to call the Conference and
to establish the Preparatory Committee.
(b) As regards the expenses of the Preparatory Committee, the Committee
was a subsidiary organ of the Economic and Social Council established
to perform a specific task on behalf of the Council and directed to
report back to the Council. The correctness of this fact can hardly be
contested but if it is doubted, reference can be made to the report
of the Econmic and Social Council to the second session of the General
Assembly in which the sessions of the Preparatory Committee are listed
among "the sessions of the Council and its subsidiary bodies." No
instance is known of the Council not meeting the expenses of subsidiary
bodies created by itself.
(c) All available precedents support the view that these expenses
should not be charged to the International Trade Organization. The cases
of the World Health Organization and the International Refugee
Organization are particularly in point; in both of these cases all
expenses up to the establishment of an interim commission for the body
concerned were borne by the budget of the United Nations. The case of
the International Maritime Conference is also relevant. It is
understood that no suggestion has yet been made that the expenses
incurred by the work done to date in this respect will be charged
against the Maritime Organization when established.
(d) No policy appears to have been laid down regarding the payment of
expenses of conferences called by the United Nations at which new
inter-governmental organizations are set up. The Advisory Committee
on Administrative and Budgetary Questions has, I understand, asked the
Secretary-General to formulate a general principle on the subject for
its consideration.
(Signed) E. WYNDHAM WHITE
Executive Secretary
/ANNEX B ICITO/EC .2/4
Page 9
ANNEX B
HOW THE PREPARATORY BODIES AND THE CONFERENCE WERE FINANCED
The sessions of the Preparatory Bodies and the Conference were financed
by the United Nations from the regular United Nations budget and also,
in the form of loans from the Working Capital Fund, as follows:
Financed From
United Nations Working Capital
Budget
$
1946:
1. First session of the Peparatory
Committee (London, October to
November 1946). Direct expenses of the
session (temporary assistance,
supplies, etc.).
2. Salaries and allowances of
United Nations personnel furnished
to the Preparatory Committee during
1946
213,114
34,000
3. Drafting Committee of the Preparatory
Committee (Lake Success, January to
February 1947). Travel of delegates,
local trasnportation and entertainment
4. Second session of the Preparatory
Committee (Geneva, April to October
1947) Direct costs (temporary
assistance, supplies, postage, etc.)
and indirect costs (common temporary
assistance shared with other
conferences, and common services
on a pro rata basis)
5. Salaries and allownaces of United
Nations personnel furnished to the
Preparatory Committee during 1947 160,000
6. International Conference on Trade and
Employment (Havana, November 1947 to
March 1948)
(a) Direct costs (temporary assistance
supplies, material, equipment, etc.)
(b) Salaries of United Nations staff
furnished to the conference
Total: 1,50,000 5,57,114
9,430
769,525
175,875
$1,511,944 ICITO/EC.2/4
Page 10
BACKGROUND OF THE FINANCING
The costs of the first session of the Preparatory Committee in London
(October - November 1946), in the amount of $213,114, were financed by
the United Nations from its regular budget. In December 1946, the
Secretary-General decided to make advances from the Working Capital Fund
to finance the expenses of the subsequent sessions of the preparatory
bodies of the Conference on Trade and Employment on the assumption that
such advances would be reimbursed to the United Nations from the first
budget of the International Trade Organization.
The expenses of the Drafting Committee of the Preparatory Committee,
which met in New York (January - February 1947), in the amount of $9,430,
were financed by the United Nations from the Working Capital Fund. The
funds advanced by the United Nations from the Working Capital Fund for
the second session amount to $769,525.
The plenary Conference on Trade and Employment, held in Havena
(November 1947 to March 1948), was financed by the United Nations from
the Working Capital Fund to the extent of about $175, 875. In addition,
the salaries and related allowances of United Nations staff loaned to
the Conference, which have been absorbed by the United Nations budget,
amount to about $150,000. By agreement, the Cuban Government absorbed
a substantial part of the costs of the Conference in its capacity as
the host nation.
The total amount loaned by the United Nations from the Working
Capital Fund for the financing of the preparatory bodies and the
Conference is $954,830. In addition to this, the United Nations loaned
staff to the preparatory bodies in 1946 and 1947 whose salaries and related
allowances, about $34,000 and $160,000 respectively, were absorbed in the
United Nations budget. The total amount thus involved is $1,511,944, of
which $557,114 represents costs financed by the United nations from budgetary
appropriations and $954,830 represents costs financed by the United Nations
in the form of loans to the International Conference and its preparatory
bodies. |
GATT Library | yh537jv1154 | Joint Meeting of the Joint Sub-Committee of the Second and Sixth Committees, Sub-Committee A of the Third Committee and Sub-Committee D of the Sixth Committee Corrigendum to the Summary Record of the First Meeting | United Nations Conference on Trade and Employment, February 9, 1948 | 09/02/1948 | official documents | E/CONF.2/C.3/A/23/Corr.2, E/CONF.2/C6/65/Corr.2, E/CONF.2/C.26/A/22/Corr.2, and E/CONF.2/C.3/A-E | https://exhibits.stanford.edu/gatt/catalog/yh537jv1154 | yh537jv1154_90190325.xml | GATT_146 | 493 | 3,303 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C/3/A/23/Corr.2 E/CONF.2/C6/65/Corr 2
ON DU E/CONF. 2/C.2&6/A/22/Corr.
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 9February 1948 ORIGINAL: ENGLISH
JOINT MEETING OF THE JOINT SUB-COMMTTEE OF THE SECOND AND SIXTH COMMITTEES,
SUB-COMMITTEE A OF THE THIRD COMMITTEE AND SUB-COMMITTEE D
OF THE SIXTH COMMITTEE
CORRIGENDUM TO THE SUMMARY RECORD OF THE FIRST MEETING
On page 5 replace the summary of the speech by Mr. ALAYZA (Peru) by
the following summary:
"Mr. ALAYZA (Peru) said that the Working Paper was a reasonable
basis for discussion. He agreed with the delegations of the
Uhited Kingdcm and Canada on the point that there was no parallelism
between the Economic Development Committee a?k the Tariff Committee.
He felt that the Tariff Committee would have greater power than the
Economic Development Committee. He found the general outline of the
principles stated in pages 1 and 2 acceptable, although he thought that
the subsequent proposals needed a substantial correction. Making a
comparison between the Tariff Committee and the Economic Development
Committee, such as they were constituted in the said proposals, he
expressed the opinion that both should be permanent bodies of the.
Organization. He added that the interim character assigned to the Tariff
Committee was more apparent than real, because as many speakers had
pointed out, it was Impossible not to admit that under one name or
another there had to be an organ performing, on a permanent basis, the
functions of the Tariff Committee. Therefore, the only
provisional feature of the Tariff Committee was the membership of the
countries composing it, but not the Tariff Committee as an operating
body. Furthermore, he stated that in the Working Paper the Economic
Development Committee appeared as a subordinate organ of the ITO
inasmuch as the Executive Board appointed the members of this Committee;
whereas the Tariff Committee depended exclusively on the signature of
the GATT, the contracting parties to which alone are to decide on the
admittance of new contracting parties. The right to appeal before the
Executive Board or she Conference has been considered as the solution
to the problem presented by an autonomous body, which would be the GATT
?iec operating as such or as the Tariff Committee, within the
Organization, He felt., however, that this would be no adequate solution,
/in view E/CONF.2/C.3/A/23/Corr.2
E/CONF.2/C,6/65/Corr.2
E/CONF. 2/C ,2&6/A/22/Corr.2
Page 2
in view: of the fact that the member of these two bodies are also
outstanding members of the Executive Board and of the Conference,
Finally, the terms of reference of the Economic Development Committee
would be limited for the most part to Article 13, while the Tariff
Committee would make decisions arising from Articles 17, 18 and 31,
out would be, in fact, a fundamental organ, particularly if
the use of subsidies; and quantitative restrictions are limited, and
the commercial policy of members is to be based on tariffs, internal
taxes and monopolies referred to in said Articles 17, 18 and 31." |
|
GATT Library | nr603fn5988 | Joint Meeting of the Joint Sub-Committee of the Second and Sixth Committees, Sub-Committee A of the Third Committee, and Sub-Committee D of the Sixth Committee Summary Record of the First Meeting : Held at the Capitol, Havana, Cuba, on Tuesday, 3 February 1948 at 6.00 p.m | United Nations Conference on Trade and Employment, February 3, 1948 | 03/02/1948 | official documents | E/CONF.2/C.3/A/23, E/CONF.2/C.6/65, E/CONF.2/C.26/A/22, and E/CONF.2/C.3/A-E | https://exhibits.stanford.edu/gatt/catalog/nr603fn5988 | nr603fn5988_90190323.xml | GATT_146 | 2,145 | 14,005 | United Nations Nations Unies
CONFERENCE CONFERENCE E/CONF 2/C.3/A/23
ON DU E/CONF.2/C.6/65
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI E/CONF. 2/C. 2&6/A/22 3 February 1948
ORGINAL: ENGLISH
JOINT MEETING OF THE JOINT SUB-COMMITTEE OF THE
SECOND AND SIXTH COMMITTEES, SUB-COMMITTEE A OF
THE THIRD COMMITTEE, AND SUB-COMMITTEE D OF THE
SIXTH COMMITTEE
SUMMARY RECORD OF THE FIRST MEETING
Held at the Capitol,. Havana,. Cuba, on Tuesday, 3 February 1948 at 6.00 p.m.
Chairman: Mr. COOMBS (Australia)
ELECTION OF CHAIRMAN
On the suggestion of the representative of the United States of America,
seconded by the representative of Mexico, Mr. COMBS (Australia) was elected
Chairman unanimously.
CONSIDERATION OF NOTE ON TARIFF COMMITTEE AND COMMITTEE ON ECONOMIC
DEVELOPMENT SUBMITTED BY AUSTRALIAN, MEXICAN AND UNITED STATES DELEGATIONS
(E/CONF.2/W.15).
The CHAIRMAN explained that the Note was to be regarded as a basis for
discussion and had been put forward to avoid duplication of debate in the
various Sub-Committees concerned. It was in no way a final proposal.
He suggested that the meeting should consider the principles underlying
the proposals contained in the Note without committing itself in respect of
any of the details. If then a detailed discussion was considered desirable,
the Note could be referred back to the Sub-Committees or to a combined
working group.
Mr. SAENZ (Mexico) agreed that the Note could only be regarded as a
working document and should not be discussed in detail. The meeting should
turn its attention to the relationship which would exist between the -
Tariff Committee and the proposed Economic Development Committee; for any
working group would need instructions on that poin t. In his opinion the
question of whether there should be an Economic Development Committee was
outside the terms of reference of the ensuing discussion.
Mr. LEDDY (United States of America) agreed generally with the Chairman
and the representative of Mexico. His delegation did not regard itself as
committed to the proposal contained in the Note but felt that the latter
would be useful as a basis for a discussion of the terms of reference of a
/working group. E/CONF.2/C.3/A/23 E/CONF.2/C.6/65
E/CONF.2/C .2/C. 26/A//22 Page 2
working group. He assumed that he meeting was competent to consider any
proposal relating to the establishment of an Economic Development Committee,
for otherwise there would be no point in starting a discussion at this joint
meeting.
Mr. SHACKLE (United Kingdom) recalled that the proposal for an
Economic Developdmnt Committee had been put forward as a kind of counter-weight
to the Tariff Committee.He did not consider however, that there was a true
parallelism. between the two bodies and: their functions. The Tariff Committee
had a narrow limited task and within its field there was strong justification
for giving it a large measure of autonomy. Article 17 had been amended to
ensure that due allowance would be made for all relevant considerations. He
agreed however that the decisions of the Tariff Committee might well be
subject to appeal to the Executive Board and Conference.
The proposed Economic Development Committee, on the other hand, would
have initial responsibility with respect to the provisions of Chapter III and
more.No body was contemplated which would have the same scope with regard
to commercial policy'. It was important that all organs of I.T.O should be
integrated and co-ordinated and that this should be done through the
Executive Board and the Conference.. Acceptance of the fact that Tariff
Committee decisions would be subject to appeals to the Executive Board,
therefore, would need to be part of a generally satisfactory accommodation.
Decisions of the Economic Development Committee should also be subject to
appeals to.the Executive Board and the Conference. The findings of the
Economic Development Committee should be consistent with the general policy
of I.T.O.and should not lead to the perpetuation of divergencies To preserve
consistency and balance, it should be a Sub-Committee of the Executive Board,
composed of perhaps twelve of its members chosen for their suitbiility to
participate in the work of that committee.
Under these proposals, not only would the Tariff Committee have more
limited field than the Economic Development Committee but. it would be of a
temporary and interim. character and there would exist no permanent organ on
general commercial policy, whereas the Economic Development Committee would
be a permanent. body. Safeguards had been laid down which would prevent the.
Tariff Committee from becoming an independent unit within the Organization;
similar steps should be taken with respect to the Economic Development;
Committee. i ,
ELTMr. LNAFBV V(Iterlaneds was inclined to accept the.Note as a
welI-balanced. compromise betwe en the different views which had previously
beefn wput. orard He wasn not i agreement with the views expressed by the
representative oUf the nited Kingdom.
Mr. DAO (China) agreed that the Note was a good basis for discussion.
Hel:c alat the ed.th-hsineee delegation had already esuggsted that,s if ae up,.
/the Economic E/CONF.2/C.3/A/23
E/CONF.2/C.6/65
E/CONF. 2/C. 2&6/A/22
Page 3
the Economic Development Committee should be a permanent body, and that
Members should have the right of appeal from "Tariff Committee decisions.It
had also said that when the Tariff Committee was discussing a particular
Member' failure to fulfill its obligations under Article 17, that Member
should be allowed to participate in the discussion.
If the detailed discussion of this question were to be referred to the
existing Working Parties of the Sub-Committees concerned, the Chinese
delegation would not be represented at those discussions. It would be happy,
however, to collaborate in that work.
Mr. IGNET (France) drew attention to the three aspects of the problem
under discussion; the powers, position in the Organization, and membership
of the two Committees. The Tariff Committee was being dealt with as a
temporary body, but even if later its membership were to be greatly increased,
by accessions to the General Agreement on Tariff and Trade, there would still
be a need for a special tariff body. The problem of the relation between
the later tariff body and the Economic Development Committee therefore would
come up for discussion. If decisions were made quite independently under
Articles 13 and 15, conflict between the two bodies would of necessity arise.
The powers and composition of the Economic Development Committee could not be
defined without, at the same time, defining the powers and composition of- the.
future tariff body. It was important that ti e dec'sions of the two bodies
should be subject to appeals to the Executive Board, but was not essential
that the Economic Development Committee should be composed of Members of the.
Executive Board. It was imperative that the Economic Development Committee
.should give due consideration to the problem of reconstruction as well as to
economic development.
Mr. MULLER (Belgium.) was willing to accept this Note as a working paper
and agreed that there was need for an Economic Development Committee, but
disagreed that the powers of the Tariff Committee should be limited. In
this he supported the view of the United Kingdom representative.The
Tariff Committee could not be regarded primarily. as an interim body. Should
the Tariff Committee prove to be unnecessary at a later date, another body,
perhaps one dealing with general commercial policy, would be needed.
If an appeal from Tariff Commiitt decisions were to be granted as in
paragraph 1 (d) on page 2 a reciprocal right should be granted to the members
of the Tariff Committee. He agreed with the representative of France with
respect to the problem of reconstruction. Paragraph 2 (a) (iii) at the top
of page 3 of the te perhaps world be acceptable if the same right were to
be. accorded to the Tariff Committee. The question of. hew the work of the
Economic Development Committee would be reviewed the Executive Board would
/have to be E/CONF. 2/C .3/A/23
E/CONF..2/C. 6/65.
E/CONF. 2/C. 2&6/A/22
Page 4
have to be more clearly defined.
Mr. D'ANNA (Italy) thought the Working Paper was an acceptable
compromise, at least in its broad outlines, and noted that it included the
right of appeal against decisions of the Tariff Commission, which had been
proposed in an amendment submitted by his Delegation. The problem of the
economic rehabilitation of countries devastated by war should be accorded
the same consideration as the problem of economic development.
Mr. LLERAS (Colombia) agreed in principle with the general lines of
the Working Paper. The Working Party should consider providing in the
Charter for the establishment, composition and scope of a body to replace
the Tariff Committee, and the relationship between the Economic Development
Committee and the Executive Board, particularly the problem whether all
decisions should be reviewed by the Board or only on appeal.
Mr. MACHADO (Cuba) thought the Working Paper an excellent guide which
should be referred to the relevant Sub-Committees for further study of the
specific proposals. It was questionable whether the Tariff Committee should
go out of existence. The member affected, as well as the member subject of
the complaint, should have the right to participate in the Tariff Committee's
deliberations and decisions. The Tariff Committee should consult with all
bodies of the Organization as well as with the Economic Development Committee.
The right of appeal to a superior body from Tariff Committee decisions should
not be limited. The delegate of Cuba reserved his position concerning the
proposed amendment to the General Agreement, pending further consultation
with his delegation.
Mr. COUILLARD (Canada) speaking on behalf of his delegation, was willing
to accept as a Working Paper the Note which outlined the problems involved
in clear and orderly fashion. However, he failed to see the parallelism
between the Tariff Committee and the Economic Development Committee. Canada
preferred the Geneva text which provided for recourse to Chapter VIII against
action arising out of Tariff Committee decisions rather than direct appeal.
According to the Canadian view, there were two conditions to full membership
in the ITO: to accept the Charter, and, after negotiations under Article 17,
to enter the General Agreement on Tariffs and Trade. The position of members
described in paragraph 3 (b) on page 2 of the Note was covered, in his view,
by the revised text of Article 17. A more autonomous Tariff Committee than
was contemplated in the Working Paper was not inconsistent, inasmuch. as
several years would elapse before the membership of the ITO and GATT was
identical. If the Tariff Committee was to be an interim body, there should
be at least an interpretative note concerning a continuation or replacement
of this organ. Procedure for consultation should be expanded to include
/bodies other E/CONF,2/C. 3/A/23
E/CONF.2/C.6/65
E/CONF.2/C. 2&6/A/22
Page 5
bodies other than the Economic Development Committee. The right of appeal
should be changed to the right of recourse. The Working Paper should be
discussed preferably by the separate Sub-Committees concerned.
Mr. USMANI (Pakistan) noted that amandments submitted by his Delegation
to the Note were being circulated separately.
Mr. ALAYZA (Peru) said the Working Paper was a reasonable basis for
discussion, but agreed with the representatives of the United Kingdom and
Canada as to the lack of parallelism between the Tariff Committee and the
Economic Development Committee for different reasons. The general outline
of the principles were acceptable, but the precise form of the proposals
needed further study. The Economic Development Committee would be a
permanent branch of the Executive Board, but the Tariff Committee would be
temporary and composed only of members of the GATT. Procedure for the right
of appeal was contemplated, but in all probability the same members, under a
different name, would judge the appeal, with which he could not agree. The
terms of reference of the Economic Development Committee were derived for
the most part from Article 13, while the Tariff Committee would make
decisions arising from Articles 16, 17, 18.and 31, and would in fact be a,.
fundamental organ, particularly if the use of subsidies and quantitative
restrictions were limited and the commercial policies of Members had to be
based on tariffs, taxes and state monopolies.
Mr. SEUENFADEN (Denmark) agreed with the representatives of Canada and
the United Kingdom, and thought that provision should be made for the future
work of the Tarifr Committee.
Mr. TOREES (Brazil)was in. general agreement with the suggestions of
the Working Paper. The Economic Development Committee should not be limited
to decisions on matters arising under Chapter III; it should have positive
functions and be composed of well-informed technicians. Selection of members
of the Tariff Committee would be dependent upon its terms of reference.
It was agreed that a Working Party composed of the representatives of
Australia, Mexico, Pakistan, United Kingdom and the United States, .should.
consider the-Working Paper in the light of the present discussion and submit
a revised daft to Sub-Committee A of Committee 1I1, Sub-Committee D of
Committee VI, and the Joint Sub-Committee of Committees II and VI, the
Chairmen of these committees to decide whether another joint meeting was
necessary,
The meeting rose at 7.35 p.m. |
|
GATT Library | nd255bb6591 | Joint Meeting of the Joint Sub-Committee of the Second and Sixth Committees, Sub-Committee A of Third Committee, and Sub-Committee D of the Sixth Committee Corrigendum to the Summary Record of the First Meeting : Held at the Capitol, Havana, Cuba, on Tuesday, 3 February 1948 at 6 p.m | United Nations Conference on Trade and Employment, February 9, 1948 | 09/02/1948 | official documents | E/CONF.2/C.3/A/23/Corr.1, E/CONF.2/C.6/65/Corr.1, E/CONF.2/C.26/A/22/Corr.1, and E/CONF.2/C.3/A-E | https://exhibits.stanford.edu/gatt/catalog/nd255bb6591 | nd255bb6591_90190324.xml | GATT_146 | 367 | 2,527 | E/CONF. 2/C. 3/A/23/
United Nations Nations Unies E/CONF.2/C.6/65/
CONFERENCE CONFERENCE Corr-l
CONFERENCE CONFERENCE E/CONF. 2/C. 2&6/A/22/
ON DU Corr.1
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH
ORIGINAL:FRENCH
JOINT MEETING OF THE JOINT SUB-COMMITTEE OF M SECOND AND SIXTH
COMMITTEE, SUB-COMMITTEE: A OF THIRD COMMITTEE
AND SUB-COMMITTEE D OF THE SIXTH COMMITTEE,
CORRIGENDUM TO THE SUMMARY RECORD OF THE FIRST MEETING
Held at the Capitol., Havana, Cuba, on Tuesday, 3 February 1948 at 6 p.m.
Delete the summary of the statement by, Mr. Muller (Belgium) on page 3
and substitute the following text:
M. MULIER (Belgium) said that he accepted the Note as a basis for
discussion. His delegationa was not, in principle, opposed to the
establishment of an Economic Development Committee. However, he would
be sorry to see the powers of the Tariff Committee reduced. In this
respect he supported the view of the United Kingdom representative.
As to the proposal regarding the Tariff Committee, he did not
agree that this Committee should be considered an interim body.
He thought that if this Committe were to go out of existence it
should subsequently be replaced by a Permanent Committee on
Commercial Policy. In regard to paragraph (c), he asked that if the
Economic Development Committee were granted a right of consultation
in the work of the Tariff Committee, a reciprocal right should be
provided for. In respect of paragraph (d) he asked that if an appeal
were provided for against the decisions of the Tariff Committee by a
Member not represented on that Committee, provision should also be made.
for a right of appeal by a Member represented on the Tariff Committee.
Regarding the Economic Development Committee, he first stated his
agreement with the view of the French representative: this Committee
must be a Committee on Economic Development and Reconstruction.
Moreover, he thought that paragraph (b) which provided for a kind of
appeal procedure against the decisions of the Economic Development
Committee, should.be made more specific, so as to maintain a better
balance between the two Committees.
In regard to the proposed amendments to the General Agreement on
Tariffs and Trade, he did not believe that his delegation had the
necessary powers to make these amendments. |
|
GATT Library | hn506fc6028 | Joint Sub-Committee on tariff preferences : Notes on Sixth Meeting, held on Saturday, 3 January 1948 | United Nations Conference on Trade and Employment, January 3, 1948 | Joint Sub-Committee of Committees II and III on Tariff Preferences | 03/01/1948 | official documents | E/CONF.2/C.23/A/W.6, 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/hn506fc6028 | hn506fc6028_90180344.xml | GATT_146 | 123 | 859 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
RESTRICTED
E/CONF . 2/C .2&3/A/
W.6
3 January 1948
ORIGINAL: ENGLISH
SECOND AND THIRD COMMITTEES
JOINT SUB-COMMITTEE ON TARIFF PREFERENCES
Notes on Sixth Meeting,
Held on Saturday, 3 January 1948
Chairman: Mr. S. SAHLIN (Sweden)
Article 16
The delegates of Afghanistan, Iran, Lebanon and Syria supported the
proposals submitted by their delegations for the extension of exemptions
from most-favoured-nation treatment so as to allow preferential arrangements
among groups of countries which do not at present fall within the four
sub-paragraphs of paragraph 2. This discussion will be continued at the
next meeting and the Sub-Committee will then consider the amendments
proposed by Burma, Colombia, Ecaudor, Bolivia and Argentina. |
GATT Library | vp007sb4209 | Letter dated 14 June 1948 from the foreign Minister of Greece to the Secretary-General of the Untied Nations declaring the desire of his government to be a contracting party to the General Agreement on Tariffs and Trade : Note by the Executive Secretary of the Inteim Commission for the International Trade Organization | General Agreement on Tariffs and Trade, July 6, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 06/07/1948 | official documents | GATT/CP.2/2 and GATT/CP.2/1-13,CP.2/2/Corr.1, CP.2/3/Rev.1,2,2/Corr.1,CP.4/Corr.1 4/Add.1,2,2/Corr.1,CP.6/Rev.1, CP.13/Corr.1,13/Add.1 | https://exhibits.stanford.edu/gatt/catalog/vp007sb4209 | vp007sb4209_90320002.xml | GATT_146 | 378 | 2,431 | RESTRICTED
GATT/CP. 2/2
6 July 1948
ORIGINAL: ENGLISE
GENERAL AGREEMENT ON TARIFFS |_4
AND TRADE CONTRACTING PARTIES
Second session
LETTER DATED 14 JUNE 1948 FROM THE FOREIGN MINISTER OF GREECE
TO THE SECRETARY-GENERAL OF THE UNIED NATIONS DECLARIGN THE
DESIRE OF HIS GOVERNMENT TO BE A COMACTING PART TO THE
GENERAL AGREEMENT ON TARIFFS AND TRADE
Note by the Executive Secretary of the Inteim Commission for the
#e Ite
~~~ ~There Trade Organization
There is reproduced below a letter addressed by the Foreign Minister
of Greece to the Secretary-General of the United Nations and which the
latter has forwarded, in accordance with the Foreign Minister's request,
to the Executive Secretary of the Interim Commission. The Greek Government
has been informed that this request will be included in the Agenda of the
Second Session of the Coutracting Parties to which the Greek Government, in
common with other members of the Interim Commission, has been invited to
send observers (document ICITO 1/6).
/"Athens, GATT/CP, 2/2
Page 2
"Athens, June 14th, 1948
"The Royal Hellenic Government has the honour to decide hereby that
it is desirous to be a Contractitg Party to the General Agreement on
Tariffs and Trade (GATT) in accordance with Article XXXIII of the said
Agreement which provides for the adhesion of new members.
"In making this declaration the Royal Hellenic Government has in view
both the original text of the Agreement signed at Geneva on
October 30, 1947 and the Protocol of Rectifications to this text, which
was prepared during the first Session of the Contracting Parties at
Habana and was signed at the final plenary Session of the Trade and
Employment Conference of the United Nations. Both these texts are
accepted by the Royal Hellernic Goverment.
"As during the next second Session of the Contracting Parties amongst
other matters the program of future negotiations will be discussed, we
have the honour to request you to kindly transmit this declaration of
ours to the Interim Commission of the International Trade Organization
and also to the Secretariat of GATT so that we may be Invited in due course
to take part in the proceedings of the Session and to proceed to separate
negotiations with other members according to- suggestions to be given to us.
s/s C. Tsaldaris"
_____ |
GATT Library | nw328pz7836 | Letter from Argentine Delegation | United Nations Conference on Trade and Employment, March 23, 1948 | 23/03/1948 | official documents | E/CONF.2/74 and E/CONF.2/70-77 | https://exhibits.stanford.edu/gatt/catalog/nw328pz7836 | nw328pz7836_90040149.xml | GATT_146 | 135 | 829 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
E/CONF. 2/74
23 March 1948
ENGLISH
ORIGINAL: SPANISH
LETTER FROM ARGENTINE DELEGATION
The following letter has been received from the delegation of Argentina:
"I have the honour to inform you that the reservations mentioned
by Dr. Diego Luis Molinari, head of the Argentinian delegation, during
today's plenary meeting concern the following articles. The numbering
corresponds to that given in the document distributed as the Final
Act of the Conference on Trade and Employment and related Documents.
Articles 1
13, 4 and 15
18
20
21 to 24
26 to 28
33 to 35
37
38
40
44 to 54
72
78
98
I am sir, etc."
(Signed) Saul M. FEDRANO
Secretary of the
Delegation of Argentina
Havana
22 March 1948 |
|
GATT Library | qc165rm5615 | Letter from Managing Director of the International Monetary Fund in reply to the Letter from the Chairman of the Contracting Parties | General Agreement on Tariffs and Trade, October 4, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 04/10/1948 | official documents | GATT/CP.2/44/Add.1 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/qc165rm5615 | qc165rm5615_90320066.xml | GATT_146 | 174 | 1,155 | RESTRICTED
LIMITED B
GATT/CP.2/44 Add .1
4 October 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
Contracting Parties
Second Session
Letter from Managing Director of the
International Monetary Fund in reply
to the Letter from the Chairman of the
Contracting Parties.
The following letter has been received in reply to
the letter sent by the Chairman of the Contracting Parties
on 9 September:
"Sept 28 1948
"I beg to acknowledge receipt of your letter
of September 9, 1948, concerning the future
cooperation between the International Monetary
Fund and the CONTRACTING PARTIES to the General
Agreement on Tariffs and Trade in carrying out
the provisions of the General Agreement.
"The Fund agrees with you that an elaborate
agreement on cooperation is not necessary at this
time and that this informal arrangement of an
administrative character constitutes a satisfactory
basis for consultation and cooperation between the
International. Monetary Fund and the CONTRACTING
PARTIES.
"I take pleasure in agreeing on behalf of
the International Monetary Fand to the provisions
of your letter of September 9, 1948." |
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