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GATT Library
pv893jn9868
Letter from the Chairman of the Contracting Parties to the Managing Director of the International Monetary Fund regarding relations of the Contracting Parties with the International Monetary Fund
General Agreement on Tariffs and Trade, September 14, 1948
General Agreement on Tariffs and Trade (Organization) and Contracting Parties
14/09/1948
official documents
GATT/CP.2/44 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/pv893jn9868
pv893jn9868_90320065.xml
GATT_146
690
4,524
RESTRICTED LIMITED B GATT/CP. 2/14. 14 September 1948 ORIGINAL: ENGLISH General Agreement on Tariffs and Trade Contracting Parties Second Session Letter from the Chairman of the Contracting Parties to the Managing Director of the International Monetary Fund regarding relations of the C the International Monetary Fund. The following letter has been sent on 9 September in accordance with the decision of the Contracting Parties at their eleventh meeting on 24 August 1918. "The General Agreement on Tariffs and Trade, which has now been put into provisional application by all but one of the countries participating in the negotiation thereof, provides in paragraph 1 of Article XV as follows : "The CONTRACTING PARTIES shall seek co-operation with the International Monetary Fund to the end that the CONTRACTING PARTIES and the Fund may pursue a co- ordinated policy with regard to exchange questions within the jurisdiction of the Fund and questions of quantitative restrictions and other trade measures within the jurisdiction of the CONTRACTING PARTIES." Throughout the Agreement various provisions call for consultation or agreement between the CONTRACTING PARTIES, that is the contracting parties to the General Agreement acting jointly, and the International Monetary Fund on matters of common concern. In particular, paragraph 2 of Article XV calls for a wide range of consultation, and paragraph 3 of Article XV provides : "The CONTRACTING PARTIES shall seek agreement with the Fund regarding procedures for consultation under paragraph 2 of this Article:" In view of the fact that the General Agreement on Tariffs and Trade has been given only provisional rather than definitive application, it is the view of the CONTRACTING PARTIES that an elaborate agreement to implement paragraph 3 quoted above is not necessary at this time. However, questions may arise in the interim which would require the CONTRACTING PARTIES to seek the co-operation of the Fund. Under such circumstances it is proposed by the CONTRACTING PARTIES that the Fund agree to co-operate with the CONTRACTING PARTIES in carrying out the provisions of the General Agreement in accordance with the terms therms thereof and, in particular, to consult, at the request of the GATTI/CP.2/44 page 2. CONTRACTING PARTIES, on matters as contemplated by the General Agreement, If such cases arise, the Chairman of the CONTRACTING PARTIES will notify the Managing Director of the Fund of each particular instance in which the CONTRACTING PARTIES desire consultation and will furnish the Fund with all information available which may assist the Fund in considering the question. Since various provisions of the General Agreenent call for consultation between the CONTRACTING PARTIES and the Fund, it might be necessary in particular casesto await a meeting of the contracting parties before formal consultation could be undertaken. However, the CONTRACTING PARTIES have authorised their Chairman to initiatie requests, either at the direction of the CONTRACTING PARTIES or on the Chairmants own initiative if the contracting parties are not in session, for the Fund to consult with the CONTRACTING PARTIES in accordance with the provisions of the General Agreement. This arrangement should make it possible for the Fund to under- take with a minimum of delay such studies as may be necessary and should afford the Fund opportunity to become familiar with the subject matter involved in advance of consultation with the CONTRACTING PARTIES in particular cases. The Fund may from time to time wish to request consultation with the CONTRACTING PARTIES on matters of common interest, and, in such cases, the CONTRACTING PARTIES will be prepared to consult upon such requests. Any request; for consultation by either the Fund or the CONTRACTING PARTIES shall be accomptanied by available infomation which would contribute to the effectiveness of the consultation. In such cases, due regard shall be paid to the need to safeguard confidential information and to any special obligations of the Fund and the CONTRACTING PARTIES in this respect. The particular procedures in implementation of these arrangements can he worked out case by case until. sufficient experience has been acquired on the basis of which more formal procedures can be developed if necessary. If the foregoing arrangements are acceptable to the Fund a reply to that effect would be appreciated."
GATT Library
df378kq7981
Letter received by the Chairman from the Indian Delegation
General Agreement on Tariffs and Trade, September 6, 1948
General Agreement on Tariffs and Trade (Organization), Contracting Parties, and Working Party 5 on Article XVIII
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/df378kq7981
df378kq7981_91870494.xml
GATT_146
367
2,376
RESTRICTED LIMITED C GATT/CP .2/WP. 5/6 6 September 1948 ORIGINAL: ENGLISH GENERAL AGREEMENT ON TARIFFS AND-TRADE Contracting Parties Second Session Working Party 5 on Article XVIII Letter received by the Chairman from the Indian Delegation The following letter has been received by the Chair- man of the Contracting Parties from the Leader of the Indian Delegation. "September 6th, 1948. "Sir, In accordance with paragraph 6 of Article XVIII of the General Agreement on Tariffs and Tpade, I am directed to submit the following statement on the quantitative restriction maintained by the Government of India on imports of grinding wheels and segments and to apply for the approval of the Contracting Parties to the maintenance of the measure. T:-e measure was in force on September 1, 1947, and was duly notified to the other Contracting Parties before October 102 1947. 2. Natge of the measure: Imports of certain varieties of grinding wheels and segments into India are prohibited by administrative action. The prohibition applies equally to imports front all sources. No concession has been granted in respect of grinding wheels and segments under Schedule XII - INDIA. 3. Purpose of the measure and considerations in support of its maintenance: The measure has been imposed to protect .the- doeste grinding wheels industry in accor- dance with Inaia's programme of economic development. The industry was established during the Second World War and was protected by the abnormal circirustances created by the war. T.ie Government of India have assisted the development of the industry by placing all railway and Government orders with Indian manufacturers up to the limit of their productive capacity and by permitting imports of synthetic abrasive grain free of duty. The industry is likely to suffer serious GATT/CP .2/WP. 5/6 page 2 damage if the protection at present granted to it is reduced or withdrawn. 4. Duration of the measure: The Government of India are unable at this stage to indicate the probable duration of the measure, but they propose to review the position not later than March 31, 1951. Yours faithfully, (Sgd.) Raghavan Pillai (N. Raghasvan Pillai) Leader, Indian Delegation. To the Chairman, Contracting Parties to the General Agreer.ment on Tariffs and Trade, Palais des Nations. "
GATT Library
jz233fr3608
Letter received by the Chairman from the Netherlands Delegation
General Agreement on Tariffs and Trade, August 24, 1948
General Agreement on Tariffs and Trade (Organization), Contracting Parties, and Working Party 5 on Article XVIII
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/jz233fr3608
jz233fr3608_91870491.xml
GATT_146
1,203
7,451
RESTRICTED GATT/CP.2/WP .5/4 24 August 1948 Original: ENGLISH GENERAL AGREEMENT ON TARIFFS AND TRADE Contracting Parties Second Session Working Party 5 on Article XVIII Letter received by the Chairman from the Netherlands Delegation The following letter has been received by the Chairman of the Contracting Parties from the Chairman of the Netherlands Delegation. "August 23, 1948 With reference to your ruling in this morning's meeting according to which the difficulties the Netherlands Delegation feels with regard to the existing legislation in the Netherlands Indies on some protective measures for the development or reconstruction of certain branches of agriculture and industry, I have the honour to submit to Working Party V for study and clarification the following remarks, According to the Protocol of provisional application of the GATT it is not yet necessary to change existing legislation. On the other hand, it would have been necesrary to give a list of measures in force to be maintained underr Article XVIII before October 10, 1947, and give full information on on the measures within sixty days of becoming a contracting party. This last period would begin fo the Netherlands overseas territories on March 11, 1948. Our Government experienced some difficulty regarding the implication of "existing legislation" and "measures in force on September 1., 1947" Tn. fact, the relevant laws and regulations in the Netherlands Indies all date from the pre- war period and are still valid, but they were on the date of September 1, 1947, suspended. These regulations, provided for certain import quotas or for special licenses for importa- tion of certain commodities. The purpose of these regulations was covered in 1947 by the use of foreign exchange restrictions as envisaged under Article XII of the GATT. Another reason for the suspension was that abnormal postwar conditions in large parts of the country gave administrative difficulties in applying the above mentioned protective measures. For each of the products involved a law was adopted by the Peoples Council. of the Netherlands Indies, which law was followed mostly by annual bylaws, stating quantities involved, for a yearly period, or making revised rules for application for import licenses. GATT/CP. 2/WP. 5/4 page 2 The list of laws and bylaws is as follows: 1933 No. 85, No. 299, No. 300 - regulation of the importation of rice, beans, soye and taotje 1935 No. 86 - cemont. latest bylaw 1940 No. 469 1935 No. 341 - iron frying pans - latest bylaw 1940 No. 259 1930 No. 497 - automobile tyres - latest bylaw 1940 No. 468 1936 No. 542 - beer - latest bylaw 1940 No. 475 1934 No. 678 colored woven. textiles (sarongs) latest bylaw 1940 No. 229 1936 No. 65 some categories of cotton textiles which can be woven on sarong-loons - latest bylaw 1940 No. 431 These import regulations have been made with a view to price stabilization of rice and soybeans, and in connection with the establishment or development of specific branches of industry The reasons for maintaining these laws are as follows: I: In the case of rice and soybeans, the measure relates to two important items in the diet of the Indonesian population. Production and consumption of these two commedities were in the years preceding the war nearly in equilibrium, depending upon the outcome of harvest under weather conditions. The consumption of these foodstuffs is extremely stable, but the prices are fluctuating widely when the supply is only clightly under or above the consumption level. Moreover it has been proved by experience that levels of wages are dependent to a large extent upon the price and therefor price stabilization is a recognized means of stabilizing economic conditions in the villages. A further reason is that in the Archipelago conditions vary to a large extent, Some regions always have a surplus, others have a shortage. Some regions are accustomed to Burma rice, others to Siam or Indochina rice. The imposition of a duty on rice, even on a sliding scale could not prevent price fluctuations beyond the acceptable range and would raise the cost of living in some disticta above the desired lavel. From 1933 to 1941, the measure of licensing rice imports according to the situation of the moment has worked very well and it would be extremely difficult to stabilize economic life in Indonesia without a system of licensing rice imports: II. Java is one of the most populated countries in the world and it is extremely desirable that industry is developed on this island: It has been the policy of the government to government to reach this aim without high tariffs and without large subsidies. In some instances, however, industries which require relatively large capital investments could only be established after a promise from the government that they would get protection from cutthroat competition and therefore a system of import quota was introduced. On the other hand, the govarnment introduced a price regulation so as to avoid any monopolistic high price. This was especially done for cement, beer and autonobile tyres. GATT/CP; 2/WP. 5/14 page 3 The local industries for iron frying pans, and some cotton textiles for the local market are small or middle-sized industries for local use mostly of types that are only or especially suited for Indonesian markets. In this case again the government refrained from the imposition of a high tariff wall to avoid sacrifices from the consumers which could not afford high prices, In the Geneva negotiations in 1947 among the products mentioned above only for automobile types an obligation of tariff binding has been assumed, and it-would seem therefore that under par. 7 of Article XVIII of the GATT this product would be excluded from the provisions of Article XVIII, para. 6. In case the CONTRACTINlG PARTIES would decide that the measure was not only maintained up till now7 but has to be considered to have been in force on September 1, 1947, the delegation has not acted in accordance with the provision of Article XVIII, par. 6, but 1n view of the special circum- stances and the lack of clarity of the case. would like to ask for a waiver of the date of latest notification in the spirit of Article 14 (1)a, last+ part , of the Havana Charter. On the other hands if the CONTRACTING PARTIES would decide that the abnormal measures were not in force on September 1, 1947, a future application of the existing laws would come under Article 13 of the Havana Charters Summarizing, the Netherlands Dele-ation has the honour: 1) to ask for clarification, whether the existence of a law, providing for import ,regulations for certain products, is equivalent, to "a measure in forces, even if the law :is temporarily suspended or not applied because of postwar difficulties; 2) if the answer is in the affirmative, to ask for a waiver of the obligation to notify CONTRACTING PARTIES before October 10, 19479 and to give full information as regards the measures concerned at the end of a sixty days period after the provIsional application of the GATT, which would have been on May 10, 1948; 3) to ask for examination b- and a decision of the CONTRACTING PARTlES concerning their concurrence with the above mentioned measures. 1
GATT Library
jh982my2180
Letter recieved by the Secretariat from the Chinese Delegation
General Agreement on Tariffs and Trade, March 22, 1948
General Agreement on Tariffs and Trade (Organization) and Contracting Parties
22/03/1948
official documents
GATT/1/56 and GATT/1/47-57+47/Rev.1 53/Add.1,2
https://exhibits.stanford.edu/gatt/catalog/jh982my2180
jh982my2180_90310336.xml
GATT_146
121
780
RESTROCTED GATT/1/56 22 March 1948 ORIGINAL: ENGLISH 5UlitC O MTA NT ON TARIFFS AND TRADE FIRST S ITTER RUBDIVM BY ' SECMM= LETTER RECEIVED March 18, 1948 Dear Mr. Lacartes I wish to inform you that according to the latest informato we have received. from Nankig., mW government has under examination the Genengl Agmememt on Tariffs and. Trade and its Protocol oreemeentsional Applicat on and has taken prepastolry steps with a view to giving effect to ther provisional application of the Agreemnt. As there are certain procedures to be omplied with, I am yet unable to indicate the exact date on which nW government would appro the Agreemant and sign the Protocol. Yours sincerely, (Signid) D. e. DtO Bhies Rreentative 66ol
GATT Library
rm437ny6146
Letter regarding recommendations of the Co-ordinating Committee from the Philippine Delegation
United Nations Conference on Trade and Employment, March 15, 1948
15/03/1948
official documents
E/CONF.2/65 and E/CONF.2/59/CORR.4 - 69/CORR.1
https://exhibits.stanford.edu/gatt/catalog/rm437ny6146
rm437ny6146_90040135.xml
GATT_146
228
1,557
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies UNRESTRICTED E/CONF.2/65 CONFERENCE 15 March 1948 DU ENGLISH - FRENCH COMMERCE ET DE L'EMPLOI ORGINAL: ENGLISH LETTER REGARDING RECOMMENDATIONS OF THE CO-ORDINATING COMMITTEE FROM THE PHILIPPINE DELEGATION The following letter has been received by the Executive Secretary from the Acting Chairman of the Philippine Delegation, Dr. Urbano A. Zafra: "With reference to the meeting of the Heads of Delegatlons held on 3 March l948, I now take pleasure in informing you that my Delegation withdraws its reservation to the recommendations of the Co-ordinating Committee and joins with the other Delegations In approving the proposal of the Co-ordinating Committee as an overall settlement of the pending issues before the Conference," LETTRE DE LA DELEGATION DES PHILIPPINES RELATIVE AUX RECOMMANDATIONS DU COMITE DE COORDINATION Le Secrétaire de la Conférence a retu la lettre ci-après quo lui a adressée M. Urbano A. Zafra, Président par intTrim de la délégation des Philippines : "Comme suite à la réunion des Chefs de délégations qui s'ost tenue lo 3 mars 1948, j'ai l'honneur de vous fairo connaître quo ma délégation retire la réserve qu'clle avait faito A l'égard dos recommandations du Comité de coordination ot qu'elle so joint aux autres délégations pour adopter la proposition du Comité do coordination comme constituant un réglement d'oneemble do toutes les questions que la Conférence avait oncore à résoudro."
GATT Library
dz517rk2774
Liberia: proposal
United Nations Conference on Trade and Employment, January 19, 1948
Third Committee: Commercial Policy and Sub-Committee F (Articles 21, 23 and 24)
19/01/1948
official documents
E/CONF.2/C.3/F/W W.15 and E/CONF.2/C.3/F/W.1-31/REV.2
https://exhibits.stanford.edu/gatt/catalog/dz517rk2774
dz517rk2774_90190576.xml
GATT_146
136
876
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies CONFERENCE DU COMMERCE ET DE L'EMPLOI RESTRICTED E/CONF. 2/C. 3/F/W 19 January 1948 ORIGINAL: ENGLISH THIRD COMMITTEE: COMMERCIAL POLICY SUB-COMMITTEE F (ARTICLES 21, 23 AND 24) LIBERIA: PROPOSAL To add, to Article 24, paragraph 6, at the end of the present text: "Such agreement shall not be required of a Member which does not use a national currency, imposes no restrictions on foreign exchange, and does not employ restrictions provided for in Article 21, paragraph 1." The delegate of Liberia considers that such agreement would serve no useful purpose in the case of a country which does not employ restrictions of any kind on foreign exchange, imports or exports and which uses a: non-national currency in its foreign financial operations which it could not devalue or depreciate.
GATT Library
wd378sd5371
List of Communications received from International Organizations and National Organizations not having Consultative Status
United Nations Conference on Trade and Employment, January 31, 1948
31/01/1948
official documents
E/CONF.2/INF.54/Add.1 and E/CONF.2/INF.8-110
https://exhibits.stanford.edu/gatt/catalog/wd378sd5371
wd378sd5371_90180102.xml
GATT_146
195
1,468
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies CONFERENCE DU COMMERCE ET DE L'EMPLOI UNRESTRICTED E/CONF. 2/INF. 54/ Add. 1 31 January 1948 ENGLISH - FRENCH ORIGINAL: ENGLISH LIST OF COMMUNICATIONS RECEIVED FROM INTERNATIONAL ORGANIZATIONS AND NATIONAL ORGANIZATIONS NOT HAVING CONSULTATIVE STATUS The following communication from an international-organization, not having consultative status, has been received by the Executive Secretary, and is available for consultation by .delegations: Date Sender Subject 12 January International Wool Textile Organization Urging that steps be taken to ensure that woollen goods may be bought and sold with the greatest possible freedom in both national and international trade. LISTE DES COMMUNICATIONS RECUES D'ORGANISATIONS INTERNATIONAIES ET NATIONALES N'AYANT PAS LE STATUT CONSULTATIF La communication suivante émanant d'une organisation internationale n'avant pas le statut consultatif a été re?ue par le Secrétaire de la Conférence et est à la disposition des délégations qui désirent en prendre connaissance : Origine Organisation textile internationale de la laine Objet Demande tendant à ce que des mesures soient prises en vue d'assurer la plus grande liberté possible d'achat et de vente des articles de laine sur les marchés nationaux comma sur les marchés interna- tionaux. Date 21 janvier
GATT Library
vq568nq9939
List of Delegates
Interim Commission for the International Trade Organization, August 25, 1948
Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee
25/08/1948
official documents
ICITO/EC.2/INF.2 and ICITO/EC.2/INF.1-3 ICITO/EC.2/1-2/ADD.4
https://exhibits.stanford.edu/gatt/catalog/vq568nq9939
vq568nq9939_90060170.xml
GATT_146
952
7,148
UNRESTRICTED INTERIM COMMISSION FOR THE INTERNATIONAL TRADE ORGANIZATION COMMISSION L'ORGANISATION INTERIMAIRE DE INTERNATIONALE DU COMMERCE ICITO/EC. 2/INF.2 25 August 1948 ORIGINAL: ENGLISH Executive Committee Comité Exécutif Second Session Deuxiéme Session LIST OF DELEGATES - LISTE DES DELEGUES Mr. J. A Mr. Tonkin, Leader J. Fletcher Mr. J. Russell Hewitt Mr.G. Warwick Smith Miss Judith Bearup, Miss N. C. Stenographer Stack, Stenographer Miss Mary Heffer, Stenographer Benelux M. Max Suetens , Ministre Envoyé Extraordinaire D.r .A. .B Speekenbrink Commerce Extérieur, Plénipotentiaire , Président et ,Directeur Général du Vice-President Male Professeur néerlandais M.G. Cassiers Legation, M .J Woul manneet .E Devries d'outre-mer), (Belgique), Mmebre bruon (Belgique), belge auprès de l' (territoires Mmebre Premier Secrétaire de ONU de la Délégation per- Membre M. Indekeu Etrangères, Dr. G. A. L (Belgique), Ministère des Affaires , Adviser amsvel Dr. J. Boehstal, t, (Netherlands) , (Netherlands) , Se Adviser cretary Ambassador Joao Muniz, Eduardo M. Roberto M. Chief Delegate Lopes Rodrigues, Delegate de Oliveira Campos, Adviser Oswaldo Behn Franco, Secretary Miss Maria Ilvà Pinto Ayres, Stenographer Miss Maria José Argollo, Stenographer Brazil Mr. c.L. S. Canada Hon. L.D. Wilgress, Canadian Ambassador to Switzerland, Chairman Mr. L.E. Couillard, Departrnent of Trade and Commerce Mr. S.S. Reisman, Department of Finance Miss Marion Henson, Secretary to Mr. Wilgress China Dr. Wunsz King, Leader Mr. Chi Chu, Delegate Mr. S. H. Hsu, Adviser Mr. S.M. Kao, Adviser Mr. C.L.. Pang, Secretary Miss Gloria Rosen, Stenographer Colombia Dr. Alfonso Bonilla Gutierrez, Envoy Extraordinary and Minister Plenipotentiary, Senator of the Republic Dr. Camilo de Brigard Silva, Envoy Extraordinary and Minister Plenipotentiary Dr. Gabriel Betancourt, Adviser Dr. Alfonso Patino, Adviser Mr. Rafael Rocha, Secretary Czechoslovakia Dr. Zdenek Augenthaler, Envoy Extraordinary and Minister Plenipotentiary, Chairman Dr. Otto Benes, Counsellor at Ministry of Finance Ing. Stefan Dvorsky, Czechoslovak Commercial Attache at Berne Miss Helova, Stenographer S.E. le Dr. Abdel Kakin el Rifai Bey, Sous- Secrétaire d'Etat au Ministère des Finances au Caire, President M.M. Hashin, Premier Secrétaire de Légation, Chargé des Affaires Commerciales en Suisse, Membre M.M.A. Abdel Aty, Secrétaire El Salvador Dr. Ricardo Jimenez Castillo M. Amy Albert - 3 - France M. André Philip, Président ancien Ministre, Député du Rhône, M.Erneste Lecuyer, Conseillr Technique au Département , Adviser M.Gérard Amanrich, Administrateur au Département, Mlle. Elisabeth Bouché, Chargée Ministère des Finances et des Secrétaire S.E. M. Athanase Politis et Chef du Département au Ministère Royal des India Sir Raghavan Pillai, K.C.l.E. Chargé d'Affaires, Embassy of Representative Mr. C.C. Desai - C.I.E., I.C.S. Government of India, Ministry Alternate Representative de mission au Affaires Economiques, Ministre Plénipotentiaire des Affaires Economiques Affaires Etrangères India, Paris Secretary to of Commerce Mr. B.N. to the Adarkar, M.B.E., Deputy Economic Adviser Government of India, Alternate Representative Major H.H. the Maharaja of alirajpur, Secretary. Miss Edith Bigans, Stenographer Miss Marianne Mussard-Chavannes, Stenographer Mr. John Lagnado, Stenographer M. Angelo Di Nola, Observateur permanent italien auprès de la Comuission Economigue Européenne, Président M. Carmelo Délégué .M Umberto Comemrce La Rosa, Ministère du CmmoerceExtétrieur, Rino Napoli, Ministère del 'Industrei D.r Eduarod The French Delegation will officials who will come to when questions of interest be supplemented by other to Geneva from time to time to them are under discussion. M. Gérard Adviser India Ampudia et V. - 4 Norway Mr. Arne Skaug, Under-Secretary Norwegian Ministry of Foreign Mr: John Melander, Commercial Norwegian Embassy in London of State, Affairs, Counsellor Chairman of the Mr. Torfinn Ministry Oftedal, Chief of of Foreign Affairs Division Norwegian Mr. J.G. Ministry Raeder, Directors, Ec ry of Foreign Affairs onomics Department, Mr. Per Schoeyen, Secretary, Economics Ministry of Foreign Affairs Miss Judith Johansen, Department Stenographer Miss Young, Stenographer Philippines Hon. Pio Pedrosa, Commissioner Member of Cabinet Mr. Amado R. Brinas United Kingdom of the Budget and Mr. R.J. Shackle, C.M.G., Board of Trade, Delegate Mr. P. Addison, Foreign Office, Adviser Mr. A..R. Ashford, Customs and Excise, Adviser Miss N.K. Fisher, Board of Trade, Adviser Miss E.L. Smart Treasury, Adviser Mr. F.A. Vallat, Foreign Office, Adviser Mr. E.R. Warner, United Kingdom Permanent Delegate for to the United Nations Mr. Leroy D. Stinebower, Chairman C. Corse, Adviser W. HoLlis, Adviser Mr. E. Kellogg, Adviser John Leddy, Adviser Louis Lorwin, adviser W. Malembaum, Adviser Mr. S. Rubin, Mr. G. Bronz, Miss L. Miss L. Adviser Adviser House, Stenographer Welch, Stenographer the Mr. Mr. Mr. Mr. -5 - OBSERVERS - OBSERVATEURS Cuba Mr.Sergio Clark Dr. Gustavo Gutierrez Mr. Rufo Lopez Fresquet Mr. Emilio Pando Mr. Ruben Ortiz Lamadrid Mr. Andres Vargas Gomez Mr. J. C. Jorgensen, Counsellor of Legation, Permanent Danish Delegate to the European Office of the United Nations New Zealand Mr. L.S. Nicol, Representative of New Zealand Customs Department in London Mr. Fritz Réal, Premier Secrétaire de Légation Union of South Africa Mr. G.J.F. Steyn United Nations Dr. S. Sze, Joint Division of Co-ordination and Liaison Mr. Bruce Turner, Department of Administrative and Financial Services Mr. J. Handerson, Department of Administrative and Financial Services Specialized Agencies Food and Agricultural Organization Mr. A.H. Boerma Mr . F . L. Ma cDougall International Civil Aviation organization Mr. Bédin, Paris Regional International Labour Organization Mr. D. Christie Tait, Chief of the Employment and Migration Section Mr. Mario Marcelletti, Employment and Migration Section International Monetary Fund Mr. Ahmed Zaki Bey Saad, Mr. Ervin Hexner, Preparatory Executive Director Counsellor Commission - International Maritime Consultative Organization Mr.B. Lukac, Executive Secretary World Health Organization Dr. William P Forrest International Chamber of Commerce Mr. Wallace B. Phillips Mr. Richard Barton International Co-operative Alliance Mr. Thorsten Odhe, International Director Producers Mr. R. Savery International Secrétaire Organization of Employers M. C. Kuntschan, Secrétaire centrale des Associations suisses de l'Union patronales Inter-Parliamentary Union Robinet de Clery World Federation of United Nation Associations Dr. Werner Hugi Mr. Patrick Harding Office Non-Governmental Organizations Federation of Agricultural Producers
GATT Library
jk750gf3063
List of Delegates : Addendum and Corrigendum
Interim Commission for the International Trade Organization, September 2, 1948
Interim Commission for the International Trade Organization (ICITO/GATT)
02/09/1948
official documents
ICITO/EC.2/INF.2/Add.1 and ICITO/EC.2/INF.1-3 ICITO/EC.2/1-2/ADD.4
https://exhibits.stanford.edu/gatt/catalog/jk750gf3063
jk750gf3063_90060171.xml
GATT_146
162
1,187
INTERIM COMMISSION FOR THE INTERNATIONAL TRADE ORGANlZATION COMMISSION INTERIMAIRE L'ORGANISATION DU COMMERCE INTERIMAIRE UNRESTRICTED ICITO/EC .2/INF /Add .1 DE INTERNATIONALE 2 September ORIGINAL: 1948 ENGLISH FRENCH LIST OF DELEGATES - LISTE DES DELEGUES Addendum and Corrigendum the last name to read: Dr. J. Boekstal, (Netherlands), Secretary Mr. H.J. Eversen, (Netherlands) , Ministry Foreign Affairs Add: Mr. S. Pollock, Canadian Department of Finance Add: Dr. D.K. Lieu, Delegate France Add: M. le Professeur Ministère André Gros, des Affaires Jurisconsulte Etrangéres M. Georges Economiques, Peter, Directeur des Affaires Economiques, Ministre de la France d'outre-mer United Kingdom Add: Mr. I.F.S. Vincent, M.B.E. , Foreign Office, Adviser Delete the word "Adviser" and read: after the name of Mr.C.Corse Alternate Correct the name of Mr. Mr. Lewis Lorwin Add: Miss Lillian Willier, OBSERVERS Louis Lorwin to Secretary - OBSERVATEURS New Zealand Add: Mr. H. Saunders , Clerical Officer Union of South Africa Add: Mr. J.S.F. Botha, Alternate Correct Add: Canada China for du Mr. C. Corse, read:
GATT Library
dx867rc9031
List of documents issued from 15 April up to 16 October, 1948
Interim Commission for the International Trade Organization, October 20, 1948
Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee
20/10/1948
official documents
ICITO/EC.2/INF/3 and ICITO/EC.2/INF.1-3 ICITO/EC.2/1-2/ADD.4
https://exhibits.stanford.edu/gatt/catalog/dx867rc9031
dx867rc9031_90060172.xml
GATT_146
1,826
13,972
INTERIM COMMISSION FOR THE INTERNATIONAL TRADE ORGANIZATION COMMISSION INTERIMAIRE DE L'ORGANISATION INTERNATIONALE Unrestricted DU COMMERCE lCITO/EC.2/INF/ DU COMMERCE 20 October, 1948 English only. EXECUTIVE COMMITTEE Second Session List of documents issued from 15 April up to 16 October, 1948. Language Short title of documents I. Plenary Series. Symbol: ICITO/EC.2/ 1 1. Rev.1 2 2.Add.1 2.Add.2 2.Add.2.Rev.1 2.Add.3 2.Add.4 2.Add.5 2.Add.5.Corr.1 2.Add. 6 3 E. F. E. F. E. F. E. E. E. E. E. 4 F. F. F. F. F. F. F. E. F. 4.Add.1 5. 6 6.Rev.1 7 7.Add.1 E. F. E. F. F. E. F. E. F. E. F. Note by the Executive Secretary and Draft Provisional Agenda Provisional Agenda (Revised). Relations of the international Trade Organization with the United Nations and Other Inter-governmental Organisa- tons. (Articles 86 and 87 of the Havana Charter). Addendum to text. Further Addendum to text. Revision to 2nd Addendum to text. Further Addendum to text. Further Addendum to text. Further Addendum to text. Corrigendum to 5th Addendum to text. Further Addendum to text. Relation of the International Trade Organization and the International Court of Justice. Note by the Executive Secretary on Item 10 of the Provisional Agenda Addendum to text. Report by the Executive Secretary on the work of the Secretariat Note by the Executive Secretary on Revisioin of Rules of Procedure. Revision to text. Interim Report by the Secretariat re- garding the Resolution of the Havana Conference relating to Economic Development and Reconstruction. Addendum to text. Document Number ICITO/EC.2/INF/3. Page 2 Document Language Short title of documents Number I. Plenary Series. Symbol: ICITO/EC.2/ 7.Add.2 E. F. Further Addendum to text. 7.Add.3 E. F. Further Addendum to Text. 8 E. F. Representation of the Interim Commission of the Interim Co-ordinating Committee for International Commodity Arrange- ments. 9 E. F. Consultation with the Government of Switzerland regarding the Report of Sub-Committee G of the 3rd Committee of the Havana Conference. 10 E. F. Report of the Executive Secretary on Draft Financial and Staff Regulations. 11 E. F. Relations with Non-Governmental Organiza- tions. Note by the Secretariat of the Interim Commission for the Internation- al Trade Organization. 12 E. F. Note by the Executive Secretary on the Preparation of the authentic Spanish Text of the Charter. 13 E. F. Report of the Credentials Committee. 14 E. F. Report of Sub-Committee 3 on Administra- tion, Section 1. Relations between the ITO and the United Nations, Specialized Agencies and Non-Govern- mental Organizations. 14.Add. 1 E. F. Addendum to text. 14.Corr.1 E. F. Corrigendum to text. 14.Add.1.Corr.1 E. only Corrigendum to Addendum to text. 14.Annexe D * F. Rapport du Sous-Comité N¦3. Projet de procédure pour la vérification des comptes de I'Organisation interna- tionale du Commerce. 15 E. F. Report of Sub-Committee 1 on Consulta- tions with the International Court of Justice. 15. Rev.1 F.only Revision to text. 16 E. F. Note from the Executive Secretary re- garding the Financing of Secretariat Services for the Contracting Parties for the General Agreement on Tariffs and Trade. 17 E. F. Report of the Interim Commission regarding Chapter VIII of the Havana Charter. English text of Annexe D is included in ICITO/EC.2/14. ICITO/EC.2/INF/3. Page 3. Document Language Short title of documents Number I. Plenary Series. Symbol: ICITO/EC.2/ 17 Rev.1 18 18.Corr.1 18.Rev.1 19 19.Rev.1 20 20.Rev.1 21. E. F. E. F. F. only E. F. E. F. E. E. F. F. E. F. E. F. E. F. 21.Corr.1 Revision to text. Report of Ad Hoc Working Group on the Swiss question. Corrigendum to text. Revision to Report of Drafting Committee on the Spanish Text. Revision to text Report of Sub-Committee 2 on Economic Development and Reconstruction Revision to text. Note by Executive Secretary on Drafts of Agreements between the International Trade Organization and other International Organs. Corrigendum to text. Symbols: ICITO/EC.2/INF/ Note by the Executive Secretary. List of Delegates. Addendum to text. 1 2 2.Add.1 Mixed ICITO/EC.2/INF/3. Page 4. Language Document in which Title Items Discussed Symbol issued ICITO/EC.2/SR. 1 2 E. F. Summary Record of First Meeting, 25 August 1948 at 3 p.m. E. F. Summary Record of Second Meeting, 26 August 1948 at 10 a.m. Agenda (ICITO/EC.2/1/Rev.1. Rules of Procedure (ICITO/EC.1/3, ICITO/EC.2/6). Election of Vice-Chairman. Report of Executive Secretary on Work of Secretariat (ICITO/EC.2/5). Preparation of Authentic Texts in Chinese, Russian and Spanish (ICITO/EC.2/12). Corrigendum to Summary Record of Second Meeting. E. F. Summary Record of Third Meeting 26 August 1948 at 3 p.m. E. F. Summary Record of Fourth Meeting, 27 August 1948 at 10 a.m. only Spanish Text of Charter. Report on Work of Secretariat (continued). Relations with International Court of Justice (ICITO/EC.2/3). Interim Report on Economic Development and Reconstruction (ICITO/EC.2/7 and Addenda). Consultation with the Government of Switzerland (ICITO/EC.2/9). Relations of ITO with U.N. and other inter-governmental organi- zations (ICITO/EC.2/2 and Addenda). Corrigendum to Summary Record of Fourth Meeting. E. F. Summary Record of Fifth Meeting 7 August 1948 at 3 p.m. E. only Relations with U.N. (ICITO/EC.2/ 2/Add.1). Relations with I.M.F. (ICITO/ EC. 2/2/Add.2/Rev.1). Relations with F.A.O. (ICITO/ EC.2/2/Add.3). Relations with I.L.O. (ICITO/ EC.2/2/Add.6). Corrigenda to Summary Record of Fifth Meeting. E. F. Summary Record of Sixth Meeting. 30 August 1948 at 10 a.m. E. F. Summary Record of Seventh Meeting 31 August 1948 at 10 a.m. Relations with International Tariff Bureau (ICITO/EC.2/2/ Add.4). Preparation of Authentic Spanish Text (ICITO/EC.2/12). Relations with other Inter- governmental Organizations (ICITO/EC.2/2/Add.5). 2/Corr.1 E. only 3. 4 4/Corr.1 5 5/Corr.1 and 2 6 7 III. Digest of summary Records. ICITO/EC .2/INF/3. Page 5. Language Document in which Title Items Discussed Symbol issued III. Digest of Summary Records. ICITO/EC.2/SR. /Corr.1 and 2 E. F. Summary Record of Eighth Meeting. 1 September 1948 at 10 a.m. only Corrigenda to Summary Record of Eighth Meeting. Relations with Non-governmental Organizations (ICITO/EC.2/11). Representation of Interim Commis- sion on ICCICA (ICITO/EC.2/3). Draft Financial and Staff Regulations (ICITO/EC.2/10). E.F. Summary Record of Ninth Meeting. 2 September 1948 at 10 a.m. E. F. Summary Record of Tenth Meeting. 3 September 1948 at 10 a.m. Report on Consultation with U.N. regarding expenses (ICITO/ EC.2/4). Future Work of Interim Commission (ICITO/EC.2/5). E. F. Corrigendum to Summary Record of Tenth Meeting. E. F. Summary Record of Eleventh Meeting. 13 September 1948 at 10 a.m. E. F. Summary Record of Twelfth Meeting. 13 September 1948 at 3 p.m. E. F. Summary Record of Thirteenth Meeting. 14 September 1948 at 10 a.m. E. F. Summary Record of Fourteenth Meeting. 14 September 1948 at 3 p.m. E . F. Summary Record of Fifteenth Meeting. 15 September 1948 at 10 a.m. E. F. Summary Record of Sixteenth Meeting 15 September 1948 at 3 p.m. Report of Credentials Committee (ICITO/EC.2/13). Report of SC.1 on Consultations with International Court of Justice (ICITO/EC.2/15). Report of SC.1 (continued). Report of SC.3 on Administration (ICITO/EC. 2/14). Report of SC.3 (continued). Report of Ad Hoc Working Group on Swiss Question (ICITO/EC.2/18). Report of Spanish Drafting Committee (ICITO/EC.2/19). Report of SC.2 on Economic Development and Reconstruction (ICITO/EC.2/20). Report of SC.2 (continued). Future Work 9 10 10/Corr.1 11 13 14 16 ICITO/EC.2/INF/3. Page 6. Document Language Short title of documents Number lV. Plenary Series. Orders of the Day Symbol: ICITO/EC.2/OD/ 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 Bil. Bil. Bil. Bil. Bil. Bil. Bil. Bil. Bil. Bil. Bil. Bil. Bil. Bil. Bil. Bil. Bil. Bil. V. Sub-Committee on Wednesday, 25 August 1948. Thursday, 26 August 1948. Friday, 27 August 1948. Monday, 30 August 1948. Tuesday, 31 August 1948. Wednesday, 1 September 1948. Thursday, 2 September 1948. Friday, 3 September 1948. Saturday, 4 September 1948. Monday, 6 September 1948. Tuesday, 7 September 1948. Wednesday, 8 September 1948. Thursday, 9 September 1948. Friday, 10 September 1948. Saturday, 11 September 1948. Monday, 13 September 1948. Tuesday, 14 September 1948. Wednesday, 15 September 1948. the International Court of Justice. Symbol: ICITO/EC.2/SC.1/ 1 2 3 4 E. F. E. F. E. F. E. F. 5 6 6.Corr. 1 E. F. E. F. Comments by the French Delegation on the Relation of the International Trade Organization and the Interna- tional Court of Justice. Members and Terms of Reference. Notes upon the first meeting on con- sultations with the International Court of Justice. Draft Amendment to Article 96 of the Charter, submitted by the French Delegation. Amendment to Chapter VIII of the Charter suggested by the Representative of Columbia. Notes upon the 2nd and 3rd meeting on consultations with the International Court of Justice. Corrigendum to text. Notes upon the 4th meeting on consulta- tions with the International Court of Justice. Notes upon the 5th meeting on consulta- tions with the International Court of Justice. ICITO/EC.2/INF/3. Page 7. Document Language Short title of documents Number Court of justice. Symbol: ICITO/EC.2/SC.1/ 9 E. F. Draft Report of Sub-Committee I on con- sultations with the International Court of Justice. 10 E.F. Notes upon the 6th Meeting of Sub- committee I on consultations with the International Court of Justice. 10.Corr.1 E. F. Corrigendum to text. 10.Rev.1 F.only Revision to text. 11 E. F. Notes upon the 7th Meeting of Sub- Committee I on consultations with the International Court of Justice. 11.Corr.1 E. F. Corrigendum to text. VI. Sub-Committee 2 on Economic Development and Reconstruction Symbol: ICITO/EC.2/SC.2/ 1 E. F. Members and Terms of Reference. 2 E. F. Draft Annotated Agenda. VII. Sub-Committee 3 on Adminstration Symbol: ICITO/EC.2/SC.3/ 1 E. F. Designation by the Chairman of members of the Working Party on the Interna- tional Customs Tariff Bureau. 2 E. F. Relations with òther inter-governmental organizations. 3 E. F. Letter from the executive Officer of the Department of Administration and Financial Services to Mr. Wyndham White. 4 E. F. Draft Agreement on Relations between the United Nations and ITO. 4.Add.1 E. F. Addendum to text. 5 E. F. Relations of the ITO with Non-Govern- mental Organizations. 6 E. F. Relations between ITO and IMF. 7 E. F. Agenda 8 E. F. Report of the Working Party on the International Customs Tariff Bureau. ICITO/EC.2/lNF/3. Page 8. Document Number Language Short title of documents VII. Sub-Committee 3 on Administration. Symbol: ICITO/EC.2/SC.3/ 9 E. F. Report of the Working Party on the Draft Finance and Staff Regulations of the International Trade Organization. VIII. Plenary Series. Working Papers. Symbol: ICITO/EC.2/W/ 1 E. F. Ad Hoc Working Group on Swiss Question. Members and Terms of Reference. 2 E. F. Relations of the International Trade Organization with other Inter-govern- mental Organizations. Commission for the International Note to Delegations from the executive Symbol: ICITO/INF/ 1 E. F. Note to Delegations from the Executive Secretary. 1.Add.1 E. F. Interim Commission for the International Trade Organization Note from the Executive Secretary. Addendum. 2 E. F. Note from the Executive Secretary regarding Public Information. 3 E. F. Note by the Executive Secretary on Transfer of the Headquarters of the Interim Commission. 4 E. F. Note to Delegations regarding Documents Distribution. 5 E. F. Note from the Executive Secretary garding signing the Final Act of the Havana Conference by Turkey.
GATT Library
pp577dd0795
List of Officers and Members of the Executive Committee
Interim Commission of the International Trade Organization, March 20, 1948
Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee
20/03/1948
official documents
ICITO/EC.1/4, ICITO/EC.1/LIST OF DOCUMENTS, ICITO/EC.1/1-6, and ICITO/EC.1/SR.1,2
https://exhibits.stanford.edu/gatt/catalog/pp577dd0795
pp577dd0795_90180064.xml
GATT_146
59
465
UNRESTRICTED ICITO/EC.1 /4 20 March 1948 ORIGINAL: ENGLISH EXECUTIVE COMMITTEE LIST OF OFFICERS AND MEMBERS OF THE EXECUTIVE COMMITTEE Chairman: Vice-Chairmen Hon. L. D. Wilgrees Mr. Ramon Beteta Sir Raghaven Pillai Mr. Jean Royer Australia Benelux Brazil Canada China Colombia Czechoslovakia Egypt El Salvador (Canada) (Mexico) (India) (France) France Greece India Italy Mexico Norway Philippines United Kingdom United States
GATT Library
dv621nq0449
Liste Revisee des Produits Soumis, en Syrie et au Liban, a des Mesures Non Discriminatoires, en Vertu de L'alinea 6 de L'Article XVIII
September 1, 1948
01/09/1948
official documents
GATT/CP.2/WP.5/5/Add.1 and GATT/CP.2/WP.5/1-6 WP.5/5/Add.1
https://exhibits.stanford.edu/gatt/catalog/dv621nq0449
dv621nq0449_91870500.xml
GATT_146
463
2,699
RESTRICTED LIMITED C GATT/CP..2/WP.5/5/Add.1 1 September 1948 Original : FRENCH LISTE REVISEE DES PRODUITS SOUMIS, EN SYRIE ET AU LIBAN, A DES MESURES NON DISCRIMINATOIRES, EN VERTU DE L'ALINEA 6 DE L'ARTICLE XVIII Cette liste remplace elle qui figure au document GATT/CP.2/ 4/Add.2 du 14 août 1948 et doit être considérée comme annexe au document GATT/CP.2/WP.5/5 du 31 août 1948. Position du tarif 55 à 62 (sauf 62 b) ) ( 68 à 74 75 à 82 122 132 133 à 136 137 à 144 Fruits comestibles Céréales Produits de la minoterie : malts, amidon et fécules Sucre Chocolate et articles en chocolate Préperations à base de farines ou de fécules Préparation de légumes ou de fruits 152 à 161 (sauf 154 b), 155, 157 a-2 et 3, 157 b-2) 171 et 172 178 192 (sauf 192 b) et o) 319 (sauf 319 d) e-i) et e-2) 320 (sauf 320 d) 325 (sauf 325 b) Boissons, liquides alcooliques et vinaigres Tabacs Sel Ciment Articles de parfumerie Savons Bougies et cierges Désignation des Produits GATT/CP .2/WP. 5/5/Add.1 Page 2 329 340 351 à 357 (sauf 353) 358 à 365 (sauf 362 et 363) Ex 379 393 Ex 398 a) 401à 405 417 et 418 428 430 443à 446 449 à 4681 470 à 492 ) ( sauf 477 et 486 a) ( 507 518 522 à 525 (sauf 522 b-4) 527 à 540 566 580 à 583 (sauf 580 A-a at b et 581 A-a) 600 . 606 (sauf 604-b) 639 663 à 681 Ex 755 Colles d'origine animale Allumettes Cuir tanné Ouvrages en cuir Semelles en caoutchouc Bois contreplaqués Portes et fenêtres Ouvrages en bois Carton Enveloppes Bottes et étuis et ecrins an carton et papier Fils de sole naturelle Tissus de sole naturelle pure ou mélangée Tissus de soie artificielle, de déchets de soie artificielle et de fibres textiles purs ou mélang6s Tissus de lane Coton ( Fils de coton Tissus de coton pur ou mélangé Cables, cordes et ficelles de chanvre I ) ) ( Bonneterie Chaussures Ouvrages en ciment et en béton Verre et ouvrages en verre Lits métalliques GATT/CP .2/WP.5/5/Add.1 Page 3 768 et 769 839 Ouvrages en cuivre Machines pour la production du froid Ex 841 a) 845 Machines pour la fabrication des chaussures Métiers a bonneterie et machines à tricoter Ex 855 b) Machines pour la fabrication de la bière Ex 855 x) 860 Machines et appareils pour la fabri- cation des allumettes Piles électriques 975 et 976 Jeux et jouets pour enfants N.B. - Les positions dont les numéros figurent entre parenthèses sont celles qui ont fait l'objat des négociations tari- faires conclues on 1947. Genève, le ler septembre 1948 La Président de le DéIégation libanaise, Le President de le Délégation syrienne, H. DJEBBARA M. MOBARAK
GATT Library
cq565tj4945
Memorandum on Tariff Negotiations : To be held in Geneva Commencing 11 April, 1949
General Agreement on Tariffs and Trade, September 1, 1948
General Agreement on Tariffs and Trade (Organization) and Contracting Parties
01/09/1948
official documents
GATT/CP.2/26 and GATT/CP.2/22/Rev.1+Rev.1/Corr.1 CP.2/22/Rev.1/Annex II/Rev.1 CP.2/23-27
https://exhibits.stanford.edu/gatt/catalog/cq565tj4945
cq565tj4945_90320043.xml
GATT_146
2,382
15,584
RESTRICTED LIMITED B GATT/CP.2/26 1 September 1948 ORIGINAL: ENGLISH GENERAL AGREEMENT ON TARIFFS AND TRADE Contracting Parties Second Session Memorandum on Tariff Negotiations TO BE HELD IN GENEVA COMMENCING 11 APRIL, 1949 I. Purpose of the Negotiations The contracting parties to the General Agreement on Tariffs and Trade, at their Second Session in Geneva in August 1948, resolved to invite the governments which showed their interest in the proposed International Trade Organiza- tion, by accepting the invitation to the United Nations Conference on Trade and Employment at Havana, to enter into negotiations with a view to their accession to the Agreement. In 1947 the contracting parties, in their capacity as members of the Preparatory Committee for the Trade and Employment Conference, gave effect to one of the fundamental principles of the draft Charter by carrying out negotiations directed to the substantial reduction of the general level of tariffs and to the elimination of preferences on a reciprocal and mutually advantageous basis. In order that further progress may be made towards expanding the volume of world trade, the contracting parties invite the governments referred to above to inter upon similar negotiations with them. en most cases these countries are enjoying the benefit of the tariff reductions negotiated by the contracting parties and incorporated in the Schedules to the General Agreement. But even so they will welcome.the opportunity to obtain these benefits in their own right and to negotiate for further concessions on the products of most interest to them. The main part and the final phase of the negotiations will take place in Geneva commencing on 11 April, 1949, but it will be necessary to begin preparations immediately. In order that no time will be lost in the preparatory work, the Secretariat of the contracting parties will notify by telegraph, not later than 18 September, 1948, a list of governments which will participate in the next series of negotiations, i.e. the contracting parties and the govern- ments which wish to participate with a view to acceding to the Agreement. An acceding government should be prepared to negotiate with any contracting party and with any other acceding government. There will, generally be no negotiations between the contracting parties themselves, but it may be that, by mutual and by general agreement, some of them will take the opportunity to complete certain negotiations which were left unfinished at the Geneva meeting in 1947 and to make certain adjustments found to be necessary in the existing Schedules to the Agreement. GATT/CP.2/26 page 2 II. Scope of the Negotiations It is intended that the countries participating in the negotiations in 1949 will propose for negotiation those of their products of which they individually, or collectively are, or are likely to be, the principal suppliers to the countries from whom the concessions are asked. In other words, an acceding government will be expected to consider the grant of concessions, as a general rule, on products of which any participating country or any group of participating countries is, or is likely to be, the principal supplier. And a contracting party will as a general rule, be expected to consider the grant of concessions on products of which any acceding country by itself or together with other participating countries, constitutes, or is likely to constitute, the principal source of supply. This latter rule will not apply to products which already appear in the Schedules to the Agreement, except that it is not meant to prevent an acceding government from asking for concessions on products appearing in the Schedules in which it has a special interest; in such cases, however, the government submitting the request will be expected to take fully into account the concessions already granted on the products concerned. The Havana Charter provides that, in addition to customs tariffs and other charges on imports and exports, certain regulations, quotas, protection afforded through the operations of import and export monopolies, etc. shall be subject to negotiation in the manner provided in Article 17. The relevant provisions are contained in Articles 16 including the annexes thereto), 18, 19 and 31. Accordingly, requests may be submitted for concessions in respect of matters covered by these provisions in the same way as requests for tariff concessions. II. Methods of Negotiation 1. The negotiations will be conducted in accordance with the rules set forth in paragraph 2 of Article 17 of the Havana Charter (a) the negotiations will be conducted on a selective product-by-product basis which will afford adequate opportunity to take into account the needs of individual countries and individual industries. Participating governments will be free not to grant concessions on particular products and, in the granting of a concession, they may reduce the duty, bind it at its then existing level, or undertake not to raise it above a specified higher level. (b) No participating government will be required to grant unilateral concessions, or to grant concessions to other governments without receiving adequate concessions in return. Account shall be taken of the value to any government of obtaining in its own right and by direct obligation the concessions already embodied in the Schedules to the General Agreement. GATT/CP.2/26 page 3 (c) In negotiations relating to any specific product with respect to which a preference applies, (i) when a reduction is negotiated only in the most-favoured-nation rate, such reduction shall operate automatically to reduce or eliminate the margin of preference applicable to that product; (ii) when a reduction is negotiated only in the preferential rate, the most-favoured-nation rate shall automatically be reduced to the extent of such reduction; (iii)when it is agreed that reductions will be negotiated in both the most-favoured-nation. rate and the preferential rate, the reduction in each shall be that agreed by the parties to the negotiations; (iv) no margin of preference shall be increased. (d) The binding against increase of low duties or of duty-free treatment will in principle be recognized as a concession equivalent in value to the substantial reduction of high duties or the elimination of tariff preferences. (e) Prior international obligations shall not be invoked to frustrate negotiations with respect to preferences, it being understood that agreements which result from such negotiations and which conflict with such obligations shall not require the modification or termination of such obligations except (i) with the consent of the parties to such obligations, or, in the absence of such consent, (ii) by modification or termination of such obligations in accordance with their terms. 2. In order to ensure the success of the negotiations, it is recommended that the participating governments should refrain from increases in tariffs and other protective measures inconsistent with the principles of the Havana Charter and designed to improve the bargaining position of those governments in preparation for the negotiations. In the event of a change in the form of tariff or a revision of rates of duties to take account of either.a rise in prices or the devaluation of the currency of the country maintaining the tariff, the effects of such.change or such revision would be a matter for consideration during the negotiations in order to determine, first, the change, if any, in the incidence of the duties of the country concerned, and secondly, whether the, change is such as to afford a reasonable basis for negotiations. 3. In a feo: exceptional cases, a general revision of tariffs prior to the negotiations may be found unavoidable. In making any such revision, the countries concerned should GATT/CP.2/26 page 4 have regard to the principles stated in the preceding paragraph. It is suggested that such countries should notify the Secretariat, by telegram, not later than 18 September 1948, of their decision in regard to participation in the forthcoming negotiations and the latest date by which copies of their existing and revised Customs Tariff will be supplied to other participating governments as provided in the time-table below. They should comply with all the requirements of the time-table except those relating to copies of the Customs Tariff. Negotiations will take place with such countries if the supply of copies of the revised tariff is not delayed so long as to render such negotiations impracticable and if the principles stated in the preceding paragraph have been observed. IV. Timetable for the Neotiatins (i) At the earliest possible date and in no case later than 25 September 1948, each contracting party will send to each acceding government, and each of the latter will send to each other participating government, three copies of its customs tariff and one copy (if possible, three) of its latest annual import trade statistics. In addition, it is requested that every effort should be made to supply average import statistics for 1936 to 1938, or, if this is not possible, statistics for 1936, 1937 and 1938, or if neither of these is possible, statistics for the most representative pre-war year. Each participating government will advise the participating government concerned and the Secretariat, by telegram, the particulars of the documents despatched and the date and method of despatch. (ii) The United States Government are required by their statutory procedure to give public notice of all items in their tariff which are to be the subject of negotiations. Not later than 31 October 1948, therefore, each acceding government will transmit to the United States Government, by the most expeditious means available, a list of the products on which it intends to request concessions from that govern- ment. The United States Government will take reciprocal action not later than 31 October 1948. It will not be possible for the United States Government to enter into negotiations on any products which are not included in these first lists. Any other participating government which wishes to exchange preliminary and provisional lists with participating governments other than the United States in advance of the definitive lists provided for in paragraph (iv), will notify the Secretariat to that effect not later than the .18 September 1948, and the last date for the transmission of such lists will be the 30 November 1948. It is hoped that exchange of such preliminary lists will not be requested except where it is considered absolutely essential, since many of the acceding governments may find it difficult to prepare a large number of such lists within the time prescribed. Forty copies of the preliminary lists, including the lists exchanged between the United States GATT/CP. 2/26 page 5 Government and aceeding governments, will be sent to the Secretariat simultaneously with their transmission to the governments to which they are addressed for distribution to the other participating governments. (iii) It is essential for the-successful conductor the forthcoming negotiations that the above time-table should be strictly adhered to. It is understood, however, that certain acceding governments may be unable, for reasons beyond their control, to notify their decisions in regard to participation by 18 September 1948, and that similarly certain participating governments may be unable to supply the necessary documents by 25 September 1948. The governments will nevertheless be expected to take the necessary action within a very short time after the dates prescribed and to conform to the remainder of the time table so as to make the negotiations practicable. (iv) Not .later than 15 January 1949, each government will transmit to each other participating government a final list of the tariff and other concessions which it requests from that, government. Forty copies of these lists will be sent simultaneously to the Secretariat for distribution to the participating governments. When compiling lists of requests, whether preliminary or definitive, participating governments should not include products which appear in the Schedules to the Agreement unless they propose to request a concession going beyond those provided in the Schedules. (v) On 11 April, 1949,- that is, on the first day of the meeting in Geneva - each government will make known to all participating governments the concessions which it is prepared to offer to each government from which a request for concessions was received. These offers should include indications of the existing and the proposed rate of duty on each item. (vi) It will be understood that any two participating governments may arrange between themselves to conduct bilateral talks in advance of the multilateral negotiations in Geneva. In that event the exchange of preliminary requests and offers may be arranged to take place at earlier dates than those envisaged above, but the concessions offered need not be disclosed to other participating governments until the opening of the Geneva meeting. In the event that bi- lateral:talks should be successfully concluded prior to 11 April, the results will be reported to the other participating governments at the opening of the Geneva meeting and will be subject to review and adjustment in accordance with the procedures set forth in the following paragraphs. V. Procedures at Geneva When the concessions offered by all participating governments have been exchanged and distributed, negotiations between pairs of delegations will begin. Any alterations GATT/CP.2/26 page 6 in the initial list of offers will be immediately notified to the Secretariat for the information of all participating governments. At this stage, as in the distribution of lists of requests, arrangements will be made to prevent the disclosure of any confidential material. To follow the successful procedure adopted in 1947, the participating governments may decide to establish a "Tariff Negotiations Working Party", which will be responsible for ascertaining the progress of the negotiations and which will make recommendations on questions of procedure and other matters connected with the conduct of the negotiations and prepare the legal instruments to be signed at the conclusion of the proceedings. As each negotiation is concluded, lists of the concessions to be exchanged will be conveyed to the Secretariat and to all other delegations. These results will be subject to review and adjustment in the light of the results of other negotiations. Each participating government will arrange through the Secretariat for the distribution to each other participating government of a consolidated list of all concessions granted. When all the negotiations are completed the concessions will be incorporated in the Agreement, and the accession of governments, not previously contracting parties, will be effected by appropriate instruments. Each participating government will prepare for distribution through the Secretariat a supplementary list of the concessions granted showing the country with which each concession was initially negotiated.
GATT Library
xp673ms9289
Mexican Amendment to Article 9
United Nations Conference on Trade and Employment, January 28, 1948
Joint Sub-Committee of Committees II and VI
28/01/1948
official documents
E/CONF.2/C.26/A/W.28, 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/xp673ms9289
xp673ms9289_90180383.xml
GATT_146
376
2,514
United Nations Nations Unies RESTRICTED CONFERENCE W. 28 ON DU 28 January 1948 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH JOINT SUB-COMMITTEE OF COMMITTEES II AND VI MEXICAN AMENDMENT TO ARTICLE 9 1. At its first meeting on 14 December the Joint Sub-Committee of Committees II and VI considered the amendment proposed by Mexico to delete from Article 9 the words "through measures consistent with the other provisions of this Charter". 2. No member of the Sub-Committee desired that Article 9 impose an absolute obligation on members, i.e. to take action contrary to other provisions of the Charter. On the other hand some members felt that there might be neutral measures which were neither consistent nor inconsistent with other provisions of the Charter, which might be prohibited by the present form of words. 3. It was also suggested that if the words "through measures consistent with the other provisions of this Charter" were necessary in this Article they would equally be necessary in other Articles in the Charter. 4. It was accordingly agreed at the seventh meeting: (a) that the question of whether it was necessary to include any words after "productivity" be referred to the Central Drafting committee and (b) that, if some form of words were required, the words 'through measures not inconsistent with the other provisions of this Charter" should be used. 5. The following is the recommendation made by the Central Drafting Committee on 26 January: "Since in paragraph 2 above the Sub-Committee expressed its desire that Article 9 impose no obligation on Members to take action contrary to other provisions of the Charter, it is obvious that some wording is therefore needed in Article 9. It is suggested that the words "through measures not inconsistent with the other provisions of this Charter" should be used. This recommendation is based on the feeling that the words "through measures consistent with the other provisions of this Charter" might be interpreted as meaning such measures which are specifically allowed or specifically referred to in the Charter itself. Such is apparently not the intention of the Sub-Committee and the words suggested would allow a wide latitude of measures to be taken as long as they do not violate some provision of the Charter.''
GATT Library
zn485wj4662
Mexico: proposed amendment
United Nations Conference on Trade and Employment, February 12, 1948
Sixth Committee: Organization
12/02/1948
official documents
E/CONF.2/C.6/12/Add.21 and E/CONF.2/C.6/12/ADD.4-44
https://exhibits.stanford.edu/gatt/catalog/zn485wj4662
zn485wj4662_90170061.xml
GATT_146
139
1,071
United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE E/CONF.2/C. 6/12/ ON DU 12 February 1948 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI SIXTH COMMITTEE: ORGANIZATION MEXUCO: PROPOSED AMMENDMENT Tho delegation of Mexico proposes that Paragraph 1 of Article 92 be deleted and, as a corallary, that Article 100 be amended as follows: "Article 100 Deposit and Authenticity of Texts The original texts of this Charter in the official language of the United Nations shall be deposited with the Secretary-General of the United Nations, who will furnish certified copies of thu texts to all interested Governments. Such texts shall be authoritative for the purposes of the interpretation of this Charter. DONE at .................. .. etc." In consequence of the foregoing proposals, the delegation of Mexico also proposes that the word "In erpretation" be deleted from the present title of Chapter VIII.
GATT Library
xq458np2151
Mexico: proposed amendment to Article 99
United Nations Conference on Trade and Employment, February 2, 1948
Committee VI: Organization
02/02/1948
official documents
E/CONF.2/C.6/12/Add.18 and E/CONF.2/C.6/12/ADD.4-44
https://exhibits.stanford.edu/gatt/catalog/xq458np2151
xq458np2151_90170058.xml
GATT_146
163
1,201
United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE E/CONF. 2/C . 6./12/ ON DU Add. 18 2 February 1948 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH COMMITTEE VI: ORGANIZATION MEXICO: PROPOSED AMENDMENT TO ARTICLE 99 The delegation of Mexico, in view of the discussion which took place in Sub-Committee J, on Article 99, paragraph 3, and taking into consideration the statements made by come of the delegations regarding constitutional difficulties for acceptance of the amandment originally proposed by the delegation of Mexico (document E/CONF.2/C.6/12, Page 28), proposes a new amendment to Article 99, as follows: "3. Each Member in accordance with its constitutional system shall take [such reaasonable] measures [as may be available to it] to assure observance of the provisions of this Charter by the regional and local governments and authorities within its territory and shall be responsible for any act or omission to act contrary to the provisions of this Charter on the part of any such governments or authorities."
GATT Library
vr799hd6898
Mexico: proposed amendment to Article I
United Nations Conference on Trade and Employment, January 10, 1948
Sixth Committee: Organization
10/01/1948
official documents
E/CONF.2/C.6/12/Add.12 and E/CONF.2/C.6/12/ADD.4-44
https://exhibits.stanford.edu/gatt/catalog/vr799hd6898
vr799hd6898_90170052.xml
GATT_146
124
1,073
United Nations Nations Unies UNRESTRICTED E/CONF.2/C.6/12/ CONFERENCE CONFERENCE Add. 12 ON DU 10 January 1948 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: SPANISH SIXTH COMMITTEE: ORGANIZATION MEXICO: PREPOSED AMENDMENT TO ARTICLE I. 3 Bis. To facilitate, in conditions of equality, access to raw materials constituting exportable surpluses in any country. 4. To reduce [tariffss and other] unnecessary barriers to trade and to eliminate discriminatory treatment in international commerce. SIXIEME COMMISSION : ORGANISATION MEXIQUE : PROPOSITION DIAMEUDENENT A L'ARTICLE 1 3 bis Faciliter l'accbèe, dans des conditions d'égalité, aux matières premières qui constituent des excédents exportables dans chaque pays. 4. Abaisser les [tarife douaniors et autres] ontraves au commerco gui no sont pas nécosoaires et éliminer les discriminations en matière de commerce interna- tional.
GATT Library
qr227hs4830
Newzealand: proposal on Article 21
United Nations Conference on Trade and Employment, February 7, 1948
Third Committee: Commercial Policy and Sub-Committee F (Articles 21, 23 and 24)
07/02/1948
official documents
E/CONF.2/C.3/F/W.23 and E/CONF.2/C.3/F/W.1-31/REV.2
https://exhibits.stanford.edu/gatt/catalog/qr227hs4830
qr227hs4830_90190586.xml
GATT_146
274
1,833
United Nations Nations Unies RESTRICTED CONFERENCE CONFERECE UNRESTRICTED ON DU E/CONF.2/C.3/F/W.23 TRADE AND EMPLOYMENT COMMERCE EF DE L'EMPLOI 7 Februry 1948 THIRD COMMITTEE: COMMERCIAL POLICY SEB-COMMITTEE F ON ARTICLES 21, 23 AND 24 NEW ZEALAND: PROPOSAL ON ARTICLE 21 The New Zealand delegation proposes that the following be inserted as a footnote to Article 21: Consideration was given to the special problems that might be created for Members which, as a result of their programmes of full employment, maintenance of high and rising levels of demand and economic development, find themselves faced with a high level of demand for imports, and in consequence maintain quantitative regulation of their foreign trade. It was cansidered that the present text of Article 21 together with the provision for export controls in certain parts of the Charter e.g. in Article 43 fully meet the position of these economies. This note was appended to Article 31 of the Geneva draft as a matter of convenience since the necessity for it arose from an amendment to Article 33 of the New York Draft which was submitted by the New Zealand delegation at Geneva and subsequently, subject to reservation, was withheld when the note in question was approved. Article 33 of the New York Draft was omitted fromitted frcn the text in the Geneva Draft. The appropriate place for the Note is Article 21. It relates particularly to that article and its retention is considered necessary for the purpose of giving a clear understanding of the position. A similar note is appended to Article XII of the General Agreement an Tariffs and Trade which corresponds to Article 21 of the Charter.
GATT Library
dn427sk0778
Ninth Meeting : Held at the Capitol, Havana, Cuba, Friday, 2 January 1948, 4.00 p.m
United Nations Conference on Trade and Employment, January 3, 1948
Joint Sub-Committee of Committees II and VI
03/01/1948
official documents
E/CONF.2/C.26/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/dn427sk0778
dn427sk0778_90180361.xml
GATT_146
484
3,120
United Nations Nations Unies RESTRICTED CONFERENCE CONFERENCE E/CONF.2/C.2&6/ ON DU A/W. 6 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 3 January 1948 ORIGINAL: ENGLISH JOINT SUB-COMMITTEE OF COMMITTEES II AND VI NINTH MEETING Held at the Capitol, Havana, Cuba, Friday, 2 January 1948, 4.00 p.m. Chairman: Mr. H. C. COOMBS (Australia) 1. The Report of Working Party No. 2 on Preamble of Paragraph 1 and Sub-Paragraph (b) of Paragraph 1 of the New Article 12A proposed by Colombia and on the Additional Paragraph to Article 12 proposed by Costa Rica concerning double taxation (E/CONF.2/C.2&6/A/W.3) was further discussed. It was debated whether to approve the text of the report with the inclusion of the words "or discriminatory taxation" in paragraph 2 and of the words "and discriminatory tax burdens" in sub-paragraph (ii) of the new text paragraph 3 of Article 11, or to refer the problem of "discriminatory tax burdens" to the Sub-Committee on Article 12. Certain delegations were of the opinion that as the problem of discriminatory tax burdens was not discussed in the Sub-Committee, it could not be included within the text proposed by the Working Party. Other delegations felt that the problem of discriminatory taxation was just as relevant to the free flow of capital as double taxation; as Article 11 dealt with impediments to the free flow of capital the inclusion of discriminatory taxation would therefore be warranted. It was decided: (a) to approve the report of the Working Party with the deletion of the words "or discridinatory taxation" in paragraph (2) of the report and of the words "diecriminatory tax burdens" in the text of Sub- Paragraph (ii) of the new paragraph 3. (b) to put the problem of discriminatory taxation on the agenda of the Joint Sub-Committee and to discuss it after the Sub-Committee on Article 12 has finished its work and taking account of the decisions reached in that Committee. The subject could then be reopened by any Member who so desired. 2. The discussion of the Report of Working Party No. 1 on Preamble to Paragraph 1 and Sub-Paragraph (a) of Paragraph 1 of New Article 12A proposed by Colombia (E/CON.2/C.2&6/A/W.3) was reopened. It was pointed /out that E/CONF.2/C.2&6/A/W.6 Page 2 out that the text of paragraph 2 of Article 10 as redrafted by the working party departed needlessly from-the Geneva text by the omission: (a) of a reference to advice by the Organization concerning the financing of programmes for economic development; (b) of the last sentence of Article 10. It was decided to refer the text back to the Working Party. The Working Party was instructed to take account of the discussion on the subject and to adhere as closely as possible to the Geneva text. 3. The Chairman nominated the delegates for Australia, Mexico and the United States to form Working Party No. 3 to review the tentative texts put forward in respect of amendments.
GATT Library
vw934sp7022
Non-discriminatory measures notified by contracting parties under paragraph 6 [11] of Article XVIII of the General Agreement
General Agreement on Tariffs and Trade, December 9, 1948
General Agreement on Tariffs and Trade (Organization) and Contracting Parties
09/12/1948
official documents
GATT/CP.3/1 and GATT/CP.3/1+1/Add.1-4 1/Add.4/Rev.1
https://exhibits.stanford.edu/gatt/catalog/vw934sp7022
vw934sp7022_90320070.xml
GATT_146
1,707
11,258
RESTRICTED LIMITED B GATT/CP. 3/1 9 December 1948 ORIGINAL: ENGLISH GENERAL AGREEMENT ON TARIFFS AND TRADE Contracting Parties Third Session NON-DISCRIMINATORY MEASURES NOTIFIED BY CONTSRLCTIIh PARTIES1 UNDER PA.R4.GRA1PH 6 [11] OF ARTICLE XVIII OF THE GENERAL AGREEMENT 1. It was decided at the second session of the CONTRACTING PARTIES that the measures which had been notified by the contracting parties under paragraph 6 ZL27 of Article XVIII listed in document GATT/CP.2/38/Rev.l, insofar as it was necessary for the CONTRACTING PARTIES to determine the question of their maintenance under the provisions of the said paragraph, should be examined by the CONTRACTING PARTIES at their third session. The Working Party on this subject recommended a procedure for dealing with these measures (GA.TT/CP.2/38/Rev.1l, A.nnex E), involving the submission by the contracting parties maintaining such measures of supplementary statements of considerations. in support of their measures to the Chiairman of the CONTRACTING PARTIES not later than 15 November, 1948. The subsequent step would be for the Chairman to forward these statements to all contracting parties. 2. Such supplementary statements have been received from the Government of the United Kingdom in support of the maintenance of measures required for the promotion of the tea industry in Mauritius and the "filled" soap industry in Northern Rhodesia. The Government of India has notified the Chairman of the CONTRACTING PARTIES that relevant GATT/CP.3/1 Page 2 information and considerations have been dispatched through the ordinary channels of communication. These have not yet reached the Chairman, nor have statements been received from tho Governments of Cuba, Lebanon, the Netherlands and Syria. 3. The United Kingdom Statements are distributed herewith in accordance with the procedure adopted at the second session. The other statements will be circulated as addenda to the present document when they become available. GATT/CP.3/1 Page 3 STATEMENTS SUBMITTED BY THE GOVERNMENT OF THE UNITED KINGDOM* I. MAURITIUS : Tea The following information under as many as possible of the headings in Annex D to GATT/CP.2/38/Rev.1 is submitted. As anticipated in paragraph (1) of Aimex D the data available in some cases do not permit of complete answers: (a) The importation of tea of all grades is controlled by limiting the quantities for which import licences are issued. (b) Black and green tea, (c) (1) Year Production in Pounds 1943 381,04o 2,010 1944 400 2,83 2,010 1945 3437035 2 010 1946 489 623 2,010 1947 544,956 2,010 In addition, 2,456 lbs of green tea manufactured in 1947. (2) Imports: 1943 149,820 lb-. 194'+ 92,431 lbs. 1945 65,019 lbs. 1946 158,818 lbs.. 1947 170,377 lbs.' No separate record of imported grcen tea. (3) Exports: 1943 to 1947 nil. (d) There are about 80 plantations varying in area from under one acre to over 100 acres. Those plantptions are situated in the highlands of Mauritius on the East and South East slopes of the hills and whore rainfall is abundant. * The statements aro made on the basis of the form, recommended by the Working Party on Article XVIII at the second session of the CONTRACTING PARTIES (G;.,TT/CP.2/38/Rev.1, Annex D.). GATT/CP.3/1 Page 4 There are five factories manufacturing black tea and one factory manufactures green tea. (e) No accurate figures available, buit probably 2,500 people employed, mostly daily labourers. (f) Sugar industry: 559300 Other agricultural industries: 5,200 Secondary industries: 11,000 Public services: 11,500 Total: 83,000 (g) Average monthly wage: Skilled agricultural labourers: Rs 62 .47 Unskilled:. Rs 45.67 Women: Rs 31.11 Juveniles .Rs 21.75 (1 Rupcc equals one shilling and sixpence approximately) (h) Approximately Rs 4,000,000. (i) Information not available (j) Cost of imported tea ex duty: Rs 2.25 per lb(average) Cost of transport and distribution: Rs 1.21 (average) Selling price of domestic produce in markets: Rs 2.50 lb ( average) (k) A local tea industry has beon in existence on a commercial basis for approximotoly 25 years but its develop- iient was restricted by competition from imported tea. When outside supplies of tea become difficult as a result of the war local cultivation was increased and fresh capital put into the industry. With the continued difficulty in obtaining outside supplies more reliance was placed on local production. In 1942 limitation of imports based on the previous three years average importations was imposed in GATT/CP. 3/1 Page 5 order to encourage the development of the local industry. Thc protection afforded to the tea industry by the imposition of this limitation enabled it to improve and extend cultivation and to increase the efficiency of the factories. From 1943 onwards limitation of imports was again imposed by the Controller of Supplies under Defence (General) Regulations, 1939. The present rate of duty is Rs 0.90 (preferential rate Rs. 0.60 per kilogram). (1) Mauritius is too much dependent on its one main industry, sugar, and the need for additional industries is imperative. Tea is the only product that will grow successfully in the highlands of Mauritius, as well as being resistant to cyclones, and the thousands of acres that are now lying idle can be utilized in growing this profitable crop. A quota was imposed to protect the tea industry in its infancy, the quantity allowed to be imported being sufficient to bridge the gap between local production and consumption. Tariff protection or subsidy payments would not be practicable alternativess having regard to local conditions including the present quality of the local product. (m) There are some twenty to thirty thousand acres of land in Mauritius suitable for growing ten. The extent to which this area will be developed depends on the amount of private capital that is available for clearing, planting and upkeep for. the five years that it takes for ten to co. into bearing. Data as to levels of production and costs arc not available . It is estilnted that the quota system will have to be continued for a further five years after which the position should be reconsidered. GATT/CP.3/1 Page 6 II. NORTHERN RHODESIA: "Filled" Soap (i.e. soap containing not loss than 45% and not more than 62% of fatty acid). The following information under as many as possible of the, headings in A;nnex D to GATT/CP.2/38/Rev.1 is submitted. As anticipated in paragraph (1) of Annex D the data available in some cases do not permit of very complete answers: (a) and (b) Prohibition of the import of "filled" soap into Northern Rhodesia from the Belgian Congo wn's instituted in 1943 with the object of preventing the product of the Northern Rhodesia soap mianufacturers from being undersold by the product of the manufacturers in the Belgian Congo. At that time there were two factories in Northern Rhodesia, situated at Ndola in the Copperbelt area of the Territory. Both these factories had to rely for their raw material (palm oil) on supplies obtainable from the Belgian Congo, and, owing to the fact that a considerable differential existed between the price at which this palm oil was made available to the local manufacturers in the Congo and for export ( £14 and £37 10s. per ton respectively), it would have been possible, without this prohibition, for the Belgium Congo manufacturers to export and place their products on sale in Northern Rhodesia at a cheaper price than the Northern Rhodesia product. Palma oil was nt the time in short supply and has continued to be so since then. Further., there was no guarantee that the Bclgipn Congo manufacturers would be in a position to maintain supplies for Northern Rhodesia at an essentipal level, and, if supplies had failed from that source, the Northern Rhodesia Government might have been compelled to assist in maintaining its local factories to GATT/CP. 3/1 Page 7 ensure adequate supplies, either by direct financial subsidy or by permitting an enhanced price to comlpons to for the reduction in the volume of sales by the local manufacturers. It was clear that if Northern Rhodesia had not taken the action under reference the local factories would have been compelled to close down and this Territory would have become dependent for its common soap requirements on such supplies as right bc available for export from the Belgian Congo, and which might have been inadequate to meet this Territory's require- ments, while this Territory would have had, in these circumstances, no control over the price. The importation of "filled" soap from the Belgian Congo was therefore prohibited by the issue of Government Notice No. 14 of 1943 aftcr prior notification had boon given to the Authorities of the Belgian Congo through the British Consul at Elisabethville. The measure is purely a temporary one designed to keep local industry in being, and has been necessitated by under-selling made possible primarily by the high margin between internal and external prices for pealm oil which existed in the Congo. It is not possible, ait present, to indicate for how long it will be necessary to retain it, as this must depend upon' the availability of supplies and the price of palm oil. The position is, however, under review. The prohibition does not apply to the Congo Basin area of this Territory. Pursuant to Article IV(a) of the Northern Rhodesia - Southern Rhodesia Customs Agreement of' 1933, which provides that "filled" soap manufactured in one territory shall not be exported to the other territory, the importation of "filled" soap from Southern Rhodesia into Northern Rhodesia GATT/CP. 3/1 Page 8 is prohibited. (c) Information not available. (d) Two firms. (e) Information not available. (f) Agriculture and Forestry: Mining and Quarrying: Manufacturing Industries: Building and other Construction: Transport and Communica- tions: Commerce: Public Servi ces: European: African: Eur ope an: African European: African European: African European: African: European: African European: African: (g) African employees forty-five shillings per month plus housing. (h) One firm (registered in 1935) £15,000 increase in 1947 from original £4,000) and the other (registered in 1939) £10 ,000. (i) Information not available. (j) Not at present imported. (k) See (a) and (b) above. Present rate of duty on soap is 25% ad valorem (20% preferential). (l) Tariff protection or subsidy payments would not be practicable alternatives having regard to local conditions. (m) The desirability and practicability of removing this restriction are now under examination. 650 25,700 3,060 26,300 340 8 , 200 230 10 700 890 4,800 100 3,100 1,870 16 , 900
GATT Library
xc559dh9001
Non-discriminatory measures notified by contracting parties under paragraph 6 [11] of Article XVIII of the General Agreement : Measures notified by the Government of the Netherlands in respect of Netherlands East Indies
General Agreement on Tariffs and Trade, December 22, 1948
General Agreement on Tariffs and Trade (Organization) and Contracting Parties
22/12/1948
official documents
GATT/CP.3/1/Add.1 and GATT/CP.3/1+1/Add.1-4 1/Add.4/Rev.1
https://exhibits.stanford.edu/gatt/catalog/xc559dh9001
xc559dh9001_90320071.xml
GATT_146
119
866
RESTRICTED LIMITED B GATT/CP.3/1/Add.1 22 December 1948 ORIGlNAL: ENGLISH GENERAL AGREEMENT ON TARIFFS AND TRADE Contracting Parties Third Session NON-DISCRIMINATORY MEASURES NOTIFIED BY CONTRACTING PARTIES UNDER PARAGRAPH 6 [11] OF ARTICLE XVIII OF THE GENERAL AGREEMENT Measures notified by the Government of the Netherlands in respect of Netherlands East Indies The following telgram, dated 21 December 1948, has been received from the Government of the Netherlands; "'...In as much as in Kingdom Netherlands including overseas territories measures safeguarding balance of payments are in force, measures under Article Eighteen GATT will not be applied. Government how- ever reserves right to apply measures under Article Eighteen GATT as soon as circumstances no longer recuire application of measures under Article Twelve." T.S.V.
GATT Library
pg729qv0629
Norway: Amendment : (Item 64 of the Revised Annotated Agenda)
United Nations Conference on Trade and Employment, January 9, 1948
Third Committee: Commercial Policy and Sub-Committee F (Articles 21, 23 and 24)
09/01/1948
official documents
E/CONF.2/C.3/F/W.5 and E/CONF.2/C.3/F/W.1-31/REV.2
https://exhibits.stanford.edu/gatt/catalog/pg729qv0629
pg729qv0629_90190565.xml
GATT_146
205
1,530
United Nations Nations Unies RESTRICTED CONFERENCE CONFERENCE E/CONF.2/C.3/F/W.5 9 January 1948 ON DU GINAL: ENGLISH TADE AND EMPLOYMENT COMMEEREC ET DE LMMPEIOI ORIGINAL:ENGLISH IIS11 ECIAL PTOLICYHD COI.ZE]I CPMMC SUB-COa, T'TAND 2aEANDARTICLES 212,2'l (ItemAnn 64 of thevsed -!oted Agenda) As a scuresulof themmitt dussion i n Cose 3 B andmmitmin the Sub-Conee it is tentativelyt th aboiv ameesuggested taendment above am be replaced by the following redraft: Article 23e - ceptions tomi the Rulu o Non-discriintion. Sub-paragraph 1 (b) (i) to read as follows: (i) any excess of levels of delivered prices for products so imported above those gruling for comparable oods regularly available from other Members is proressively reduced over a reasonable period. In reasching its finml decismn the Sub-Comittee should take into account: (i) the definition of the words "substantiaenelly higher" in the Gva Draft, (ii) the decision taken as to the date on which Article 22 shall enter into m willforce . This roble be conommisideredomi by the Sub-tttee in connection with the new paragraph 6, proposed by the Delegation of France. te74 of the Revised Annotated Agenda). The above redraft should, therefore, be considered as a provisional basis of discussion pending considermmiation by the Sub-Cottee of the other aspects of the problem.
GATT Library
jw934hb1333
Norway: proposal Articles 23: exceptions to the rule of New-Discrimination
United Nations Conference on Trade and Employment, January 9, 1948
Third Committee: Commercial Policy and Sub-Committee F (Articles 21, 23 and 24)
09/01/1948
official documents
E/CONF.2/C.3/F/W.4 and E/CONF.2/C.3/F/W.1-31/REV.2
https://exhibits.stanford.edu/gatt/catalog/jw934hb1333
jw934hb1333_90190564.xml
GATT_146
286
2,015
United Nations Nations Unies RESTRICTED CONFERENCE CONFERENCE E/CONF. 2/C.3/F/W. 4 ON DU 9 January 1948 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH iI!r=LhI ITTEE: COMMERCIAL IEIRDC021T12L:CI.'L POLICY SUB-COII-XITTE (ARTICLE 21, 23 AND 24) NORWAY: PROPOSAL IONS ARTIHCLE 23: aCiYT INS T T`E RULE OF ON1-DISCRIMINATION During the discussionmmittee of this Article in Corittee III B some speakers drew attention to the problem of long-term contracts. The Norwegian Delegation considers the presentmewhat situation in this respect snowbat unsatisfactory. Under the terms of the Draft Charter an import monopoly is free to enter into bulk purchase contracts at agreed prices for a long Period ahead provided that it does so on a non-discriminatory and commercial basis. But in a branch where the import is carried on by several private firms. the Government is not free to enter into a commercial trea y with an exporting countory undertaking in advance to buy frm that country certain quantities of the goods in question at agreed prices during a fixed period of time even if on a completely non-discriminatory basis, because, if during that time world market prices fall, the only way to give effect to the agreement would be by discriminatory quantitative restrictions. Yet there seems no reason to exclude such arrangements, which introduce a useful element of stability into world trade, provided that they do no depart from the Rule of Non-discriminaLiom. The Norwegian Delegation, therefore, wants to submit for the consideration of the Sub-Committee the following Amendment Paragraph 5 A new sub-paragraph to be added, reading as follows: "(ocg) restrictions to give effect to ln-term purchase agreements which do not involve any departure from the Rule of . Non-discrimination at the time they are entered into.
GATT Library
kb420xg8073
Norway - proposed redraft of Article 38
United Nations Conference on Trade and Employment, January 15, 1948
Third Committee: Commercial Policy and Section E - General Commercial Provisions (Articles 32 - 39)
15/01/1948
official documents
E/CONF.2/C.3/10/Add.3 and E/CONF.2/C.3/10-38
https://exhibits.stanford.edu/gatt/catalog/kb420xg8073
kb420xg8073_90190096.xml
GATT_146
1,178
8,416
United Nations Nations Unies RESTRICTED CONFERENCE CONFERENCE E/CONF .2/C. 3/10/ ON DU Add.3 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 15 January 1948 ORIGINAL: ENGLISH THIRD COMMITTE: COMMERCIAL POLICY SECTION E - GENERAL COMMERCIAL PROVISIONS (Articles 32 - 39) Norway - Proposed redraft of Article 38 In document C.3/1/Add.39 the delegation of Norway proposed a redraft of Article 38 (E/CONF.2/C.3/10 - Item 52). After consultation with the Statistical Office of the United Nations, the delegation of Norway presents a revised draft of its previous proposal. The language deleted from the original Norwegian proposal is shown in square brackets, the language added is underlined. A background paper prepared by the Statistical Office of the United Nations is attached. Article 38 - Information, Statistics and Trade Terminology 1. The Members shall communicate [the statistics of their external trade as] promptly [and inasmuch detail as is reasonably practicable]?? to the Organization or to such agency as may be agreed upon by the Organization in consultation with the[ appropriate organs of th]e United Nations, the statistics relating to their external trade (imports, exports, re-exports, governmental revenue from duties and other taxes levied on imports and exports,' and payments of subsidies directly affecting such trade). Such statistics shall be as detailed as is reasonably pracical?te and shall reveal the operation of restrictions on trade under each tariff item. 2. The Members shall publish regularly and as promptly as possible the statistics ?[of3 their external tadde] . referred to in paragraph 1 of this Article. 3. The Members shall give careful consideration to any recommendations which the Organization and other appropriate organs of the United Nations may make with a view to improving the statistical information furnished regarding their external trade. 4. The Organization shall arrange to obtain such other statistical information as it may require for its operations through the statistical /services of E/CONF.2/C.3/10/Add.3 Page 2 services or the United Nations and the Specialized Agencies in accordance with the agreements negotiated with the United Nations under Article 84 of this Charter. [5. The Orgzanization, taking into account the needs of all international agencies and in order to avoid all unnecessary duplication shall arrange in consultation with the appropriate organs of the United Nations, for the collection, exchange and publication of such statistics of external trade as are appropriate to the needs of international agencies.] [6]. 5. The Organization, in co-operation with the organs of the United Nations may study the question of adopting standards, nomenclatures, terms and forms to be used in international trade and in the official documents and statistics of Members relating thereto, on the basis of agreements reached with the appropriate organs of the United Nations may recommend the general acceptance by Members of such standards, nomenclatures, terms and forms. /ARTICLE 38 E/CONF.2/C .3/10/Add. 3 Page 3 ARTICLE 38 BACKGROUND PAPER PREPARED BY THE STATISTICAL OFFICE OF THE UNITED NATIONS Scope and Activities of the Statistical Commission and the Statistical Office of the United Nations in the Fields Related to International Statistics and Trade Terminology General Responsibilities 1. The Statistical Commission, having the general responsibility for advising the Economic and Social Council on statistical matters, has been given broad terms of reference including, (a) promoting the development of national statistics and the improvement of their comparability; (b) the co-ordination of the statistical work of the Specialized Agencies; (c) the-development of the central statistical services of the Secretariat; (d) advising the organs of the United Nations on general questions relating to the collection, interpretation and dissemination of statistical information; (e) promoting the improvement of statistics and statistical methods generally. (E/30, 22 February 1946 and E/76 Rev.l, 1 July 1946). 2. The responsibility of the Statistical Office of the United Nations, organized by the Secretary-General as a part of the Department of Economic Affairs, is derived from several general recommendations of the Economic and Social Council, and of the General Assembly. These recommendations relate to (a) the organization of a central statistical unit in the Secretariat of the United Nations; - (b) the collection, anlysis and evaluation of statistics from geMember Governments, Specialized Ancies and other sources; (c) the publication of statistics; (d) the co-ordination of statistical activities of the Specialized Agencies; /(- heomoion E/CONF. 3/10/Add. 3 Page 4 (e) the promotion of development and improvement of statistics in general; (f) the maintenance of an international center for statistics; (g) the maintenance of close contact and close co-ordination with national governments on programmes of statistical research, submission of statistical data, analysis and publication. (E/76 Rev.l, I July. 1946) 3. A central statistical unit having been authorized within the United United Nations Secretariat, the Economic and Social Council recommended to the General Assembly that the responsibility for the statistical activities of the League of Nations be transferred to the United Nations. (E/76 Rev.l). 4. The General Assembly authorized the Secretary-General "to assume and continue the non-political functions and activities of the League of Nations previously performed by the League of Nations Secretariat". (A/64 Add.l/ 50/1), 14 December 1946). Under this authority the statistical activities previously performed by the League of Nations Committee of Statistical Experts, as well as those of the Economic, Financial and Transit Department of the League of Nations Secretariat, and the statistical work of the Economic and Financial Committees, were assumed by the Statistical Commission of the Economic and Social Council and the Statistical Office in the Secretariat, respectively. Specific Responsibilities Relating to International Trade and Trade Terminology , 5. In continuing the collection and publication programme of the League of Nations, the Statistical Office has collected and published current i nternational trade sta.tistics in the MonthlyBulletin of Statistics In the statistical yearbook now in preparation the Statistical Office will continue the statistical series on international trade previously published in the Statistical Yearbook of the League of Nations. The preparation of statistics for the continuation of such publications of the League of Nations as the Network of World Trade, Europe's Trade, and the. World Economic Survey are now under way-; 6. The Economic and w Social Council has approved the programme ofork for the development of an international standard industrial classification for the statistics relating to branches of economic activity. (E/437/40 (iv), 29 March 1947). Similarly, a program of work directed toward the standardizationof the. classification of commodities entering into external trade, a classification by personal status, and the classification of /occupations E/CONF. 2/C. 3/10/Add . 3 Page 5 occupations has been undertaken by the Statistical Commission and the Statistical Office. (E/577, 23 September 1947). A Comittee of the Statistical Commission, assisted by the staff of the Statistic?. Office is at work on a draft proposal for the standardizatIon of the classification of commodities entering into external trade. A group of expert consultants in this field is being organized to supplement the staff of the Statistical Office. 7. The general responsibility for studies leading toward the promotion of international comparability of statistics of external trade, along with other brances of statistics, has been assumed by the Committee on Statistical Classification of the Statistical Commission of the Economic and Social Council.
GATT Library
fn350qt4394
Note by the Central Drafting Committee
United Nations Conference on Trade and Employment, February 26, 1948
26/02/1948
official documents
E/CONF.2/C.8/7 and E/CONF. 2/C. 8/5/REV. 1-10/CORR. 1
https://exhibits.stanford.edu/gatt/catalog/fn350qt4394
fn350qt4394_90200280.xml
GATT_146
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United Nations Nations Unies CONFERENCE CONFERENCE UNRESTRICTED /E/CONF.2/C.8/7 ON DU 26 February 1948 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH -FRENCH NOTE BY THE CENTRAL DRAFTING COMMITTEE The Central Drafting Committee has examined the new text of Article 6 as sell as the text of the first sentence in paragraph 1 of Article 7 referred back to it by Committee I, and recomnmends: 1. Replacement in the English text of Article 6 of the word "provisions" by the word "Articles". In the French text of Article 6, the Central Drafting Committee suggests the following changes: "Article 6 - Mesures de protection en faveur des Etats Membres exposés à une pression inflationniste ou déflationniste extérieure. Dans l'exercice des fonctions qui lui sont conférées par d'autres articles de la présente Charte, l'Organisation devra tenir compte, de la nécessité où se trouveraient les Etats Membres de prendre, dans le cadre des dispositions de la présente Charte, des measures destinées a protéger leur économie contre les effets d'une pression inflationniste ou déflationniste [venue de l'extérieur] extérieure, Dans le cas d'une pression déflationniste, [il y aura lieu de tenir spécialement compte des] elle prendra particulièrement en considération les consequences [résultant pour tcut] qu`aurait pour Etat Membre [d'] une baisse sérieuse ou soudaine de la demande effective d'autres pays.5. 2. The Central Draf'ting Committee agreed that the words "guaranted to" in the first sentence of paragraph 1 of Article 7 are correctly rendered in the French text by the words "reconnus aux". 3. In the last half of the second sentence of paragraph 1 of the English text of Article 7, the Central Drafting Committee agreed to replace the words "as advance in productivity may permit" by the words "concurrently with advance in productivity" so as to bring the French and English versions into closer conformity.
GATT Library
bz796gr0931
Note by the Central Drafting Committee
United Nations Conference on Trade and Employment, March 11, 1948
11/03/1948
official documents
E/CONF.2/C 8/10/Add.1 and E/CONF. 2/C. 8/10/ADD. 1-17
https://exhibits.stanford.edu/gatt/catalog/bz796gr0931
bz796gr0931_90200290.xml
GATT_146
147
1,141
United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE E/CONF.2/C 8/10/ Add.1 ON DU 11 March 1948 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH NOTE BY THE CENTRAL DRAFTING COMMITTEE In the Report of Sub-Committee D on Footnote to Chapter III on "Reconstruction" (E/CONF.2/C.2/35 of 12 February 1948), which was approved by Committee Il, the Central Drefting Committee was requested to "include et the appropriate places in Chapter III such references to reconstruction as will result in the treatment of reconstruction and development on equal terms." In order to carry out these instructions the Central Drafting Committee recommends, in its Report on Articles 8 to 12, that the title to Chapter III be changed to reed: "Economic Development and Reconstruction" and that appropriate references be made to "reconstruction" in the titles and texte of Articles 8, 10, 11 and 12, as indicated in the Drafting Committes's Report.
GATT Library
xq819nr2593
Note by the: Central Drafting Committee. Corrigendum
United Nations Conference on Trade and Employment, February 28, 1948
28/02/1948
official documents
E/CONF.2/C.8/7/Corr.1 and E/CONF. 2/C. 8/5/REV. 1-10/CORR. 1
https://exhibits.stanford.edu/gatt/catalog/xq819nr2593
xq819nr2593_90200281.xml
GATT_146
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961
UNRESTRICTED United Nations Nations Unies E/CONF.2/C.8/7/ Corr.1 CONFERENCE CONFERENCE DU28 February 1948 ON COMMERCE ET DEL'EMPLOI ENGLISH - FRENCH TRADE AND EMPLOYMENT COMMERCE ET DE L'EM I ORIGINAL: ENGLISH NOTE BY THE: CENTRAL DRAFTING COMMITTEE CORRIGENDUM In lines 3 and 4 of pragraph 3,.in place of the words "as advance in productivity may permit", and "concurrently with advence in productivity", read "as advances in productivity may permit" and "concurrently with advances in productivity". NOTE DU COMITE CENTRAL DE REDACTION RECTIFICATIF Paragraphe 3 Dans le texte on langue anglaise, aux lines 3 et 4 du paragraphe 3, remplacer les note "as advance in productivity may permit" et concurrently with advance in productivity" par "as advances in productivity may permit" et "concurrently with advances in productivity".
GATT Library
yz233xq0529
Note by the Chairman of the Contracting Parties
General Agreement on Tariffs and Trade, September 3, 1948
General Agreement on Tariffs and Trade (Organization) and Contracting Parties
03/09/1948
official documents
GATT/CP.2/31 and GATT/CP.2/28 - 36 CP.2/32/Rev.1
https://exhibits.stanford.edu/gatt/catalog/yz233xq0529
yz233xq0529_90320047.xml
GATT_146
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RESTRICTED LIMITED B GATT/CP.2/31 3 September 1948 ORIGINAL: ENGLISH GENERAL AGREEMENT ON TARIFFS AND TRADE Contracting Parties Second Session Note by the Chairman of the Contracting Parties At the conclusion of the Second Session, the representatives of the Contracting Parties will be called upon to sign a certain number of Protocols. 1. The Protocol of Rectifications which will contain corrections of typographical errors in the schedules annexed to the General Agreement on Tariffs and Trade, does not require any decision of substance. It is therefore contemplated that this Protocol will be accepted by signature alone at the conclusion of the Second Session. The representatives of the Contracting Parties should produce full powers enabling them to sign that instrument with the effect of definitely binding their Governments from the time of signature, or a note in like terms signed by the Minister of Foreign Affairs. If it is not possible to obtain these documents for the day of signature, interim powers in the form of a telegram from the Minister of Foreign Affairs should be produced. The full powers should be forwarded to the Executive Committee of the ICITO as soon as possible thereafter. 2. The other Protocols which may be drawn up, such as the two Protocols modifying certain provisions of the General Agreement may - a) either be signed without reservation as to acceptance, or b) be signed with reservation as to acceptance. Any representative wishing to sign any of these Protocols without reservation as to acceptance should produce either full powers to that effect or a general full power enabling him to sign any instrument drawn up by the Contracting Parties with the effect of definitely binding his Government or a note in like terms signed by the Minister of Foreign Affairs. If it is not possible to obtain these documents before the day of signature, interim powers in the form of a GATT/CP.2/31 Page 2 telegram-from the Minister of Foreign Affairs should be produced. In that case, the full powers should be forwarded to the Executive Secretary of the ICITO as soon as possible. Any representative who has produced credentials which, in accordance with the rules of procedure, are satisfactory for the purpose of accrediting him to the Second Session, would be regarded as having power to sign any of the Protocols referred to above ad referendum. As regards the Contracting Parties which would not be able to sign, without reservation as to the acceptance, the Protocols modifying certain articles of the General Agreement on Tariffs and Trade, the Contracting Parties at their meeting held on September 3, 1948 have decided to recommend that they should deposit their instruments of acceptance not later than November 30, 1948.
GATT Library
fd593xy2095
Note by the chairman of the sixth committee
United Nations Conference on Trade and Employment, January 7, 1948
Sixth Committee: Organization
07/01/1948
official documents
E/CONF.2/C.6/51 and E/CONF.2/C.6/44-75
https://exhibits.stanford.edu/gatt/catalog/fd593xy2095
fd593xy2095_90170111.xml
GATT_146
168
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United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE UNRESTRICTED ON DU E/CONF.2/C.6/51 TADE AND EMPLOYMENT COMERCE ET DE L'EMPLOI 27 January 1948 ORIGINAL: ENGLISH SIXTH COMMTTEE: ORGANIZATION NOTE BY THE CHAIRMAN OF THE SIXTH COMMITTEE In the course of the discussion in the Sixth Committee upon the second reading of Article 68 (Membership) the representative of Ceylon asked that an explanatory note to paragraph 1 (b) of that article be drafted to cover the case of separate customs territories invited to, the Havana Conference which, before they desired to subscribe to the Charter, attained the status of full international responsibility. It was agreed. that the Chairman of the Sixth Committee and the Secretary should place before the Committee a draft explanatory note. The following draft is therefore submitted; Should any of these customs territories have, by the time they wish to deposit acceptance of the Charter, become fully responsible for the formal conduct of their diplomatic relations, they shall be entitled to act under sub-paragraph (a) of this Article.
GATT Library
kg825tt4216
Note by the Delegations of the Lebano-Syrian customs union regarding the application of Article XVIII, paragraph 6
General Agreement on Tariffs and Trade, August 31, 1948
General Agreement on Tariffs and Trade (Organization)
31/08/1948
official documents
GATT/CP.2/WP.5/5 and GATT/CP.2/WP.5/1-6 WP.5/5/Add.1
https://exhibits.stanford.edu/gatt/catalog/kg825tt4216
kg825tt4216_91870492.xml
GATT_146
880
5,848
RESTRICTED GATT/'CP . 2/WP.5/5 31. August 1948 ENGLISH ORIGINAL: FRENCH GENERAL AGREEMENT ON TARIFFS AND TRADE NOTE BY THE DELEGATIONS OF THE LEBANO-SYRIAN CUSTOMS UNION REGARDING THE APPLICATION OF ARTICLE XVIII, paragraph 6. The products appearing in Document GATT/CP.2/4./Add.2, under the heading Lebanon-Syria, which are the subject of measures imposed "for the establishment, development or reconstruction of particular industries or particular branches of agriculture", fall into the following categories: (1) Products under monopoly control There are in Lebanon and Syria a number of State or concessionary monopolies, the aim of which is to organise purchase, sale or distribution at specific prices laid down by the two Governments, These monopolies relate inter alia to sugar, wheat and other bread grains, to salt and to tobacco and tombacs. The existence of these monopolies also satisfies certain fiscal considerations: the two States, in fact, obtain a large part of their budgetary resources from them. Hence, it is not.possible, without complete failure in the aims of these institutions and without seriously affecting, moreover, the balance of the two budgets, to envisage the abolition or even the relaxation of the quantitative restrictions imposed on the basis of these monopolies. (2) Products of existing industries, In this category a distinction must be drawn between productive equipment itself and the products of the industries in question. As regards productive equipment, the two States consider that certain existing industries fully meet the requirements of local consumption, and that it is 'iot possible to authorise the import of fresh equipment without livurring the risk of seriously jeopardising the economy of vhe said industries by exposing them to unbridled competition which can only bring about their ruin and cause unemployment. The two Governments reserve the right, however, if necessary - that is if it is established that an industry already installed wishes to renew or modernise its equipment - to grant special import licenses. GATT/CP. 2/WP. 5/5 page 2 As regards the products manufactured, it is quite natural that the said industries should be able to enjoy protection calculated to help them to keep going, and to develop. Furthermore, the question is governed by a purely financial consideration: it is not possible, at a time when the two States are faced with exchange difficulties, to permit the use of the very limited foreign currency quotas for the purpose of importing goods which domestic industries are in a position to supply to the two countries in sufficient quantities. (3) Products of newly established industries During the recent war, and in consequence of import difficulties, industries of various kinds were established and a large amount of capital invested in them. Other industries are in process of being established. These industries chiefly use raw materials of which the local production has itself been developed. In order to keep going and to develop, these industries require adequate protection. To permit foreign trade to compete with them would inevitably bring about their ruin and would discourage any capitalists wishing to be of service to the economy of the two countries. Such a state of affairs would at the same time considerably increase the number of unemployed, which is already rather high in Lebanon and Syria. Here again it is as well to repeat that the financial aspect of the question must of necessity be taken into consideration. (4) Agricultural Products Lebanon and Syria are essentially agricultural countries. Irrigation, however, has not yet been sufficiently developed. Moreover, a large number of production areas are situated in the mountains or in districts a long way from the consumption centres. The result is that the cost price of agricultural products is sometimes very high. If the two States were to think of allowing foreign competition to have a free rein in this field, the result would be both a slump in domestic products and an impoverishment of the production areas. Strong protection is therefore necessary in this sector as well, especially since the very existence of large sections of the Lebanese and Syrian populations is at stake. GATT,/CP . 2/WP. 5/5 page 3 In conclusion, Lebanon and Syria wish to recall that since they have only been in control of the destinies of their national economies for a short time, their Governments will be obliged to act with great circum- spection for a number of years to come. For that reason it is very difficult, if not impossible, for them to determine the precise period for which the restrictions dealt with in the present note will have to be maintained. Nevertheless, they hasten to state that these restrictions are in practice attended by a fairly large number of exceptions - as can easily be seen merely by consulting our foreign trade year books. In addition, Lebanon and Syria would point out that, since they are mainly consumer countries, their signature of the Geneva Agreements has enabled them only to grant certain concessions without obtaining substantial advantages in return. Lastly, the Lebano-Syrian Customs Union undertakes to transmit to the contracting parties at an early date a further statement which will not include the products dealt with in tariff negotiations at Geneva and contained in the schedules annexed to the Agreement. Geneva, i September 1968. Chairman of the Chairman of the Delegation of Delegation of Lebanon Syria - l _______________________________________________
GATT Library
gt235wp0982
Note by the Executive Secretary
United Nations Conference on Trade and Employment, March 23, 1948
23/03/1948
official documents
E/CONF.2/76 and E/CONF.2/70-77
https://exhibits.stanford.edu/gatt/catalog/gt235wp0982
gt235wp0982_90040151.xml
GATT_146
75
489
CONFERENCE ON TRADE AND EMPLOYMENT CONFERENCE DU COMMERCE ET DE L'EMPLOI UNRESTRICTED E/CONF.2/76 23 March 1948 ENGLISH - FRENCH ORIGINAL: ENGLISH NOTE BY THE EXECUTIVE SECRETARY The Turkish delegation has informed the Secretariat that it has withdrawn its reservations on Articles 15 and 94. NOTE DU SECRETAIRE DE LA CONFERENCE La délégation de la Turquie a fait savoir au Secrétariat qu'elle a retiré les réserves qu'elle avait fermulées à l'égard des articles 15 et 94.
GATT Library
jw370dr6895
Note by the Executive Secretary
Interim Commission for the International Trade Organization, June 9, 1948
Interim Commission for the International Trade Organization (ICITO/GATT)
09/06/1948
official documents
ICITO/EC.2/1 and ICITO/EC.2/INF.1-3 ICITO/EC.2/1-2/ADD.4
https://exhibits.stanford.edu/gatt/catalog/jw370dr6895
jw370dr6895_90060173.xml
GATT_146
489
3,460
INTERIM COMMISSION FOR THE INTERNATIONAL TRADE ORGANIZATION COMMISSION INTERIMAIRE DE UNRESTRICTED L'ORGANISATION INTERNATIONAL ICITO/EC. 2 /1 DU COMMERCE ORIGINAL: ENGLISH NOTE BY THE EXECUTIVE SECRETARY Pursuant to the decision taken at the first meeting of the Executive Committee, the Second Session will convene in Geneva on 25 August at 3.00 p.m. The preliminary draft of the provisional agenda is attached hereto. In accordance with Rule 9 of the Draft Rules of Procedure (document ICITO/EC.1/3), "The representatives of governments not members of the Executive Committee may take part as observers at all meetings of the Committee and its sub-committees. Such representatives may also present items for inclusion upon the provisional agenda of any meeting and may, upon the invitation of the Chairman, address a meeting upon any question under discussion." It will be approciated if any government not a member of the Executive Committee which wishes to be represented by an observer at the Second Session or who wishes to propose additional items for the provisional agenda will so inform the Executive Secretary as soon as possible. /DRAFT Page 2 PROVISIONAL AGENDA FOR THE SECOND SESSION OF THE EXECUTIVE COMMITTEE OF THE INTERIM COMMISSION FOR THE INTERNATIONAL TRADE ORGANIZATION 1. Adoption of Agenda. 2. Adoption of Rules of Procedure (ICITO/EC.1/3 and ICITO/EC.1/SR.1, Item 1). 3. Report by the Executive Secretary on the work of the Secretariat document to be circulated). 4. Relations of the International Trade Organization with the United Nations and other inter-governmental organizations, Articles 86 and 87 of the Havana Charter. (a) United Nations (document to be circulated); (b) International Monetary Fund (document to be circulated); (c) International Labour Organization (document to be circulated); (d) International Civil Aviation Organization (document to be circulated); (e) Brussels International Tariff Bureau (document to be circulated); (f) Food and Agriculture Organization, International Bank, UNESCO, World Heallth organization, etc. (document to be circulated). 5. Relations of the International Trade Organization with non- governmental organizations, Article 87 of the Havana Charter (document to be circulated). 6. Relations of the International Trade Organization with the International Court of Justice (document to be circulated). 7. Havana Resolution relating to Economic Development and Reconstruction - interim report by the Secretariat (to be circulated). 8. Representation of the Interim Commission on the Interim Co-ordinating Committee for International Commodity Agreements (document to be circulated). 9. Consultation with the Government of Switzerland regarding the Report of Sub-Committee G of the Third Committee of the Havana Conference (document to be circulated). 10. Report by the Executive Secretary on 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 /11. Report Page 3 11. Report on the information activities of the Secretariat (document to be circulated). 12. Draft financial and staff regulations for the ITO (document to be circulated). 13. Consideration of the future programme of the Interim Commission. 14. Any other business.
GATT Library
wq729bq7184
Note by the Executive Secretary
United Nations Conference on Trade and Employment, March 23, 1948
23/03/1948
official documents
E/CONF.2/75 and E/CONF.2/70-77
https://exhibits.stanford.edu/gatt/catalog/wq729bq7184
wq729bq7184_90040150.xml
GATT_146
98
619
United Nations CONFERENCE ON TRADE AND EMPLOYMENT CONFERENCE DU COMMERCE ET DE L'EMPLOl E/CONF . 2/75 23 March 1948 ENGLISH - FRENCH ORIGINAL: ENGLISH NOTE BY THE EXECUTIVE SECRETARY The delegation of Iraq has informed the Secretariat that it is now in a position to withdraw its reservation on the first proviso to the annex of Article 100. NOTE DU SECRETAIRE DE LA CONFERENCE La délégation de l'Irak a fait connaître au Secrétariat qu'elle est maintenant en mesure de retirer la réserve qu'elle avait formulée au sujet de la première clause conditionnelle de l'annexe jointe à l'article 100.
GATT Library
pn341sj0927
Note by the Executive Secretary
Interim Commission for the International Trade Organization, June 23, 1948
Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee
23/06/1948
official documents
ICITO/EC.2/INF.1 and ICITO/EC.2/INF.1-3 ICITO/EC.2/1-2/ADD.4
https://exhibits.stanford.edu/gatt/catalog/pn341sj0927
pn341sj0927_90060169.xml
GATT_146
264
1,814
INTERIM COMMISSION COMMISSION INTERIMAIRE DE UNRESTRICTED FOR THE INTERNATIONAL L'ORGANISATION INTERNATIONAL ICITO/EC.2/INF.1 23 june 1948 TRADE ORGANIZATION DU COMMERCE ORIGINAL: ENGLISH EXECUTIVE COMMITTEE - SECOND SESSION Note by the Executive Secretary I have received enquiries from several members as to the organization of the work of the Second Session of the Executive Committee as a guide to the size and composition of delegations. Whilst it is not yet possible to determine the exact composition of the agenda, I would suggest that on the basis of the provisional agendga contained in ICITO/EC.2/1, the Session might be organized as follows: In addition to the full meetings of the Executive Committee, there should be established the following sub-committees: (a) Sub-Committee on Administrative Questions (to consider items 4, 5,10 and 12, and any appropriate matters arising out of items 3 and 13); (b) Sub-Committee on the question of the International Court of Justice (item 6); (c) Sub-Committee on Economic Development (item 7). This, it is suggested might be composed of the members of the Executive Committee designated as the advisory panel to the Executive Secretary, i,e.Australia, Brazil, China, Egypt, France, India, Mexico, Philippines, United Kingdom, United States; (d) Technical Sub-Committee (to consider item 9, the technical aspects of item 4 (b), and any additional items of a technical character, including any such items as may arise under item 13). If the number of Sub-Committees can be thus limited, it will be possible to arrange that no more than two meetings be held at the time, i.e. no more than two Sub-Committees or one Sub-Committee and the full Committee.
GATT Library
qy338jg4357
Note by the Executive Secretary (Item 10 of the Agenda)
Interim Commission for the International Trade Organization, August 30, 1948
Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee
30/08/1948
official documents
ICITO/EC.2/4/Add.1 and ICITO/EC.2/2/ADD.5 ICITO/EC.2/6/REV.1
https://exhibits.stanford.edu/gatt/catalog/qy338jg4357
qy338jg4357_90060186.xml
GATT_146
166
1,159
RESTRICTED INTERIM COMMISSiON COMMISSION INTERIMAIRE DE LMITED ICITO/EC. 2/4/Add.1 FOR THE INTERNATIONAL L'ORGANISATION INTERNATIONALE 30 August 1948 TRADE ORGANIZATION DU COMMERCE ORIGINAL : ENGLISH Executive Committee Second Session (Item 10 of the Agenda) The following information has been received from the Comptroller of the United Nations: "As of 31 July 1948 we have charged the accounts of Projects 8, 18 and 52 with &775,515.66, as indicated in the statement which is also enclosed entitled "Working Capital Funds - Status of Allotments - 31 July 1948" . The amount of &775,515.66, mentioned above, is made up as follows: Project 8 Project 18 ProJect 52 Draft Comittee of International Conference on Trade and Employment & 9,429.98 Preparatory Committee of International Conference on Trade and Employment 99,658.42 UN COnference on Trade and Employment 154, 798.71 Costs in Connection with Geneva Conferences 511, 628.55 Total advances 775, 515. 66 " This statement has not been reproduced but the Members of the Executive Committee may consult the files of the Secretariat.
GATT Library
gn388rm3787
Note by the Executive Secretary on credentials produced at the second session
General Agreement on Tariffs and Trade, September 9, 1948
General Agreement on Tariffs and Trade (Organization) and Contracting Parties
09/09/1948
official documents
GATT/CP.2/40 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/gn388rm3787
gn388rm3787_90320061.xml
GATT_146
528
3,839
RESTRICTED LIMITED B GATT/CP. 2/40 9 September 1948 ORIGINAL: ENGLISH GENERAL AGREEMENT ON TARIFFS AND TRADE Contracting Parties Second Session NOTE BY THE EXECUTIVE SECRETARY ON CREDENTIALS PRODUCED AT THE SECOND SESSION 1. At the conclusion of the Second Session there will be opened for signature the following instruments:- 1. Protocol Modifying Part I and Article XXIX of the General Agreement 2. Protocol Modifying Part II and Article XXVI of the General Agreement 3. Protocol of Rectifications to the General Agreement 4. Protocol Regarding Accession by the Government of Chile 5. Agreement on Most-Favoured-Nation Treatment for Areas of Western Germany under Military Occupation. 2. The Protocol Modifying Part I and Article XXIX of the General Agreement anad the Protocol Modifying Part II and Article XXVI of the General Agreement may either be signed by representatives without reservation as to acceptance at the conclusion of the Second Session or signed at that time with a reservation as to acceptance. The Protocol of Rectifications to the General Agreement will be open only for signature without reservation as to acceptance as will the Protocol Regarding the Accession by the Government of Chile and the Agreement on Most-Favoured-Nation Treatment for Areas of Western Germany under Military Occupation. 3. Set out hereunder is a record of the credentials produced to date by each delegation and of the extent to which each delegation is thereby authorized to sign the instruments mentioned above. AUSTRALIA Provisional full powers to sign all above-mentioned instruments, with the exception of instrument No. 5 ad referend. BELGIUM Full powers to sign all above-mentioned documents without reservation as to acceptance. GATT/CP. 2/40 page 2 BRAZIL Provisional full powers to sign all above-mentioned instruments ad referendum BURMA Credentials accrording representative to Second Session of CONTRACTING PARTIES.* CANADA Credentials accrediting representative to Second Session of CONTRACTING PARTIES. CEYLON Provisional full powers to sign instruments Nos. 1 and 2 without reservation as to acceptance. CHINA Provisional full powers to sign all above-mentioned instruments without reservation as to acceptance CUBA Full powers to sign all above-mentioned instruments without reservations as to acceptance CZECHOSLOVAKIA Credentials accrediting representative to Second Session of CONTRACTING PARTIES. FRANCE Credentials accrediting representative to Second Session of CONTRACTING PARTIES. INDIA Full powers to sign all above-mentioned instruments without reservation as to acceptance. LEBANON Credentials accrediting representative to Second Session of CONTRACTING PARTIES. LUXEBURG Credentials accrediting representative to Second Session of CONTRACTING PARTIES. * Such credentials will be regarded as empowering a representative to sign instruments Nos, 1 and 2 ad referendum. GATT/CP. 2/40 page 3 NETHERLANDS Credentials accrediting representative to Second Session of CONTRACTING PARTIES. NEW ZEALAND Credentials accrediting representative to Second Session of CONTRACTING PARTIES. NORWAY Full powers to sign all above-mentioned without reservation as to acceptance. PAKISTAN Full powers to sign all above-mentioned without reservation as to acceptance. SYRIA Full powers to sign all above-mentioned without reservation as to acceptance. instruments instruments instruments SOUTH AFRICA Full powers to sign instrument No. 3. Provisional full powers to sign instruments Nos. 1 and 2 ad reference . UNITED KINGDOM Full powers to sign all above-mentioned instruruments without reservation as to acceptance UNITED STATES Credentials accrediting representative to Second Session of CONTRACTING PARTIES.
GATT Library
dn109nf5458
Note by the Executive Secretary on the report of the Working Party on Budget and Secretariat proposals
March 23, 1948
Interim Commission for the International Trade Organization (ICITO/GATT)
23/03/1948
official documents
ICITO/EC.1/6, ICITO/EC.1/LIST OF DOCUMENTS, ICITO/EC.1/1-6, and ICITO/EC.1/SR.1,2
https://exhibits.stanford.edu/gatt/catalog/dn109nf5458
dn109nf5458_90180066.xml
GATT_146
162
1,038
UNRESTRICTED ICITO/EC.1/6 23 March 1948 ORIGINAL: ENGLISH lNTERIM COMMISSION OF THE INTERNATIONAL TRADE ORGANIZATION NOTE BY THE EXECUTIVE SECRETARY ON THE REPORT OF THE WORKING PARTY ON BUDGET AND SECRETARIAT PROPOSALS Due to an oversight, I failed to put forward to the Working Party a suggestion that the budget of the Interim Commission should make provision for an Information Officer. I consider it important that such provision should be made as it must be expected that following the Conference there will be a great demand from many sources for information about the Charter, the Organization and the Interim Commission. This will be specially important when the Charter becomes a matter of extensive public discussion when it is submitted to various Parliaments for ratification. I would, therefore, suggest the addition to the budget of an item of, say, $10,000, for Information Services. This item in common with all the others would be subject to review at the Second Session of the Executive Committee.
GATT Library
xj364my0773
Note by the Executive Secretary : preparation of texts of the charter in the Chinese, Russian and Spanish languages
United Nations Conference on Trade and Employment, February 21, 1948
General Committee
21/02/1948
official documents
E/CONF.2/BUR/34, 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/xj364my0773
xj364my0773_90180200.xml
GATT_146
494
3,576
United Nations Nations Unies RESTRICTED CONFERENCE CONFERENCE E/CONF.2/BUR/34 ON DU 21 February 1948 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH GENERAL COMMITTEE NOTE BY THE EXECUTIVE SECRETARY Preparation of Texts of the Charter in the Chinese, Russian and Spanish Languages 1. At its twenty-ninth meeting on 19 February 1948 the Sixth Committee adopted the following text of paragraph 1 of Article 100: "Subject to the provisions of the Statute of the International Court of Justice such texts shall be equally authoritative for the purpose of the interpretation of this Charter, and any discrepancy arising from a difference between texts shall be settled by the Conference." 2. In view of this decision it will be necessary for the General Committee to consider ways in which authentic texts of the Charter in the Chinese, Russian and Spanish languages may be prepared. It is obvious that at the, present advanced stage of the Conference little progress could be made upon such a task at Havana. 3. In the light of suggestions made by the representative of Mexico in the Sixth Committee, the following procedure is suggested for consideration: (a) The General Committee should forthwith request the Chinese and Spanish speaking delegations and any delegation which indicates its willingness to undertake the preparation of the text in the Russian language to submit as soon as possible to the Executive Secretary of the proposed Interim Commission for the Organization drafts of the Charter in the Chinese, Spanish and Russian languages respectively., (b) Upon receiving these drafts the Executive Secretary of the Interim Commission would circulate them to all governments which sign the Final Act of the Conference and ask these governments to forward their comments upon the drafts, if any, to him not later than two months from their receipt. (c) The Executive Secretary would submit the drafts, together with the comments made by governments and any comments which the Executive Secretary himself might wish to offer, to the Executive Committee of the Interim Commission for study and preparation of the authentic texts. /(d) When these E/CONF.2/BUR/34 Page 2 (d) When these texts had been prepared by the Executive Committee, the Executive Secretary should circulate them to all governments which sign the Final Act of the Conference for approval. (e) When a majority of such governments had signified their approval of each text to the Executive Secretary or after two months from the date of circulation, whichever is the later, the texts would be deposited with the Secretary-General of the United Nations. 4. Should the procedure suggested above be adopted, a consequential amendment to the Final Act of the Conference (document E/CONF.2/BUR/24) would be required. This amendment would be to insert between the third and fourth paragraphs the following: "The authentic texts of the Charter in the Chinese, Russian and Spanish languages will be established by the Interim Commission in accordance with the procedure approved by the Conference." .~. - - :~~~~~~~~~ - o~~~~~~~~~~~~~~~~~~~~~ . @ Se~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~;
GATT Library
fr649xc2040
Note by the Netherlands delegation on item 16 of the Agenda
General Agreement on Tariffs and Trade, August 30, 1948
General Agreement on Tariffs and Trade (Organization) and Contracting Parties
30/08/1948
official documents
GATT/CP.2/WP.3/5 and GATT/CP.2/WP.3/1-6 WP.3/6/Corr.1
https://exhibits.stanford.edu/gatt/catalog/fr649xc2040
fr649xc2040_91870483.xml
GATT_146
444
2,712
RESTRICTED GATT/CP.2/WP.3/5 30 August 1948 Original: ENGLISH GENERAL. AGREEMENT ON TARIFFS AND TRADE Contracting Parties Second Session Note by the. Netherlands delegation on item 16 of the Agenda The remarks in the.full session of GATT on the USA proposal regarding the trust territories in the Pacific are substantiated by the following figures: Export of copra in 1000 tons from N.E.I. to U.S.A. from Japanese mandated Islands Price of copra per 100 Kg Guilders f . o .b. Makassar 1930 1931 1932 1933 1934 1935 1936 1937 1938 1939 1940 33 62 18 1 1 5,5 12 12 12,5 11,2 9,5 11,7 13,7 13,7 x x x The influence of the preferential internal coconut oil in USA on exports from the N.E.I. to shown in the table above. 6,57 ,S19 2,19 7,25 8,55 50 4,77 5,12 tax on USA is The price went down, especially in 1934 after the imposition of the tax. New markets had to be found, mostly in Europe, which caused great difficulties. The exports from the Japanese mandated islands, though figures from 1938 on are not available, are larger than the exports from the N.E.I. to the USA after 1933. The loss of what remained of the USA market would have very adverse effects on the market position of copra in Indonesia after the present period of shortage is over. Year GATT/CP .2/WP .3/5 page 2 It is assumed that the Japanese developed the cocoa industry further and that in spite of war-destruction an USA administration eventually will attain substantially higher export figures. The copra-producing areas in East Indonesia were subject to similar war destruction. There are many small islands in that region which can rely only. on copra, such as the Sangi and Talaud islands, Soela islands, Tornate, Morotai, Halmaheira, Jappen and other islands along the north coast of New Guinea. The Makassar price beforee the war E 1 amounted to F1.188) ist owing to transport difficulties higher than the price in the above mentioned islands, and the fluctuations become sharper with greater distance from the main ports. A preference.of E 0,02 per lb. amounts, at the present currency rate, to about fl.12 u per 100 Kg., a substantial part of the price, which in the last year fluctuated between f .25.- an4 f.50.- per 100 kg. in these regions. The above mentioned smaller islands of East Indonesia produced before the war about 80.000 tons of copra. Production is still beyond pre-war level and can be assessed at this time at about 50.000 tons. The Netherlands delegation cannot see any reason why the corner Japanese mandate territories should recoivQ a more favourable treatment than East Indonesia or any other country.
GATT Library
tm792xr3342
Note by the Pakistan Delegation concering its amendment submitted to paragraph 2 of Article 10 (page 3 of E/CONF.2/C.2/9)
United Nations Conference on Trade and Employment, January 8, 1948
Second Committee: Economic Development and Joint Sub-Committee of Committees II and VI
08/01/1948
official documents
E/CONF.2/C.26/A/W.10, 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/tm792xr3342
tm792xr3342_90180365.xml
GATT_146
635
3,992
United Nations CONFERENCE ON TRADE AND EMLOYMENT Nations Unies CONFERENCE DU COMMERCE ET DE L'EMPLOI RESTRICTED E/CONF .2/C .2&6/ A/W .10 8 January 1948 ORIGINAL: ENGLISH SECOND COMMITTEE: ECONOMIC DEVELOPMENT JOINT SUB-COMMITTEE OF COMMITTEES II AND VI NOTE BY THE PAKISTAN DELEGATION CONCERING ITS AMENDMENT SUBMITTED TO PARAGRAPH 2 OF ARTICLE 10 (PAGE 3 OF E/CONF.2/C.2/9) In inviting the attention of the Joint Sub-Committee to the amendment of the Pakistan delegation to paragraph 2 of Article 10 (vide page 3 of the Annotated Agenda of Committee II contained in-document E/CONF.2/C.2/9), the following comments in the nature of explanation of the proposed amendment are offered: 1.The Geneva draft contemplates the implementation of the growth of Economic development through two agencies namely (a) through the Organization and (b) through the co-operation of Members. Paragraph 2 of Article 10 lays down what the organization is supposed to do while paragraphs 1 and 2 of Article 11 lay down what the obligations of Members are to be in promoting progressive industrial and economic development. Now, paragraph 2 of Article 10 mentions three distinct functions of the Organization in the field of economic development as follows (i) To furnish "ADVICE" to any Member regarding its plans and financing and carrying out its programme. (ii) To assist in arranging for "TERMS" upon which "ADVICE" can be furnished to the Members, and (iii) To "AID" any Member in "PROCURING Technical Assistance". The Pakistan Delegation feels that the word "AID" is more positive than the word "ADVICE". If that is so, we must seek clarification of the words "Techanical Assistance" occurring in the last lines of paragraph 2 of Article 10, which are wedded to the important word "AID", In seeking this clarification we must turn to the first sentence of paragraph 1 of Article 11, which lays down the requirements for progressive industrial and general economic development. This sentence clearly mentions among other things ". . .materials, modern equipment and technology..." as essential requirements of economic development. Thus, if the Members are required to fulfil obligations to meet these requirements as laid down in Article 11, /we feel that E/CONF. 2/C.2&6/A/W. 10 Page 2 we feel that the organization also should be made to meet such requirements; and the only way this can be done, without unduly altering the Geneva text, is to spell out the meaning of the words "technical assistance" in the last line of paragraph 2 of Article 10. The amendment of the Pakistan delegation therefore is meant to enlarge the meaning of these words so that the organization may. "AID" in fulfilling the same requirements of economic development under Article 10 as the Members are enjoined to do under Article ll. 2. It is not the intention of the Pakistan delegation to consider the organization as a "procuring agency", as if it were, to be used by Members for getting technological and other equipment which they may need for their economic development. The idea is to make the organization or its "Economic Development Committee" (if it comes to be formed and which would discharge the functions of the ITO in this field) more active and of more positive assistance than it is at present according to the Geneva Draft. Any Member requiring any "materials or modern equipment' for its economic development will still go through private trade channels and seek the co-operation of the Members which are in a position to supply such equipment according to the provisions of Article 11. If, however, the normal trade channels are blocked by say the prevalence of practices which are not normal in the ordinary course of business, the Member should have the right to go to the organization under Article 10 so that the organization may use its good offices to "AID" in procuring "the requirements of the Member concerned."
GATT Library
mg437gp6317
Note by the President. Central Drafting Committee
United Nations Conference on Trade and Employment, March 13, 1948
13/03/1948
official documents
E/CONF.2/63 and E/CONF.2/59/CORR.4 - 69/CORR.1
https://exhibits.stanford.edu/gatt/catalog/mg437gp6317
mg437gp6317_90040132.xml
GATT_146
0
0
GATT Library
wn483bq7089
Note by the President. Central Drafting Committee
United Nations Conference on Trade and Employment, March 13, 1948
13/03/1948
official documents
E/CONF.2/63 and E/CONF.2/59/CORR.4 - 69/CORR.1
https://exhibits.stanford.edu/gatt/catalog/wn483bq7089
wn483bq7089_90040132.xml
GATT_146
107
700
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies CONFERENCE DU COMMERCE ET DE L'EMPLOI UNRESTRICTED E/CONF.2/63 13 March 1948 ORIGINAL: ENGLISH NOTE BY THE PRESIDENT CENTRAL DRAFTING COMMITTEE in view of the heavy burdens which are imposed upon the Central Drafting Committee at this stage of the Conference and of the heavy concurrent demands on his time for other important duties In the Conference, Mr. Royer has asked me to relieye him from his responsibilities as Chairman of the Central Drafting Committee. The first Vice-President, Mr. Max Suetens, has, at my request, kindly consented to assume the direction of the work of the Central Draftlng Committee.
GATT Library
pt024qf9720
Note by the President of the United Nations Conference on Trade and Employment
Interim Commission of the International Trade Organization, March 19, 1948
Interim Commission for the International Trade Organization (ICITO/GATT)
19/03/1948
official documents
ICITO/1/3, ICITO/INF/1-8, and ICITO/1/1-16
https://exhibits.stanford.edu/gatt/catalog/pt024qf9720
pt024qf9720_90180012.xml
GATT_146
80
531
UNRESTRICTED ICITO/1/3 19 March 1948 ORIGINAL: ENGLISH INTERIM COMMISSION OF THE INTERNATIONAL TRADE ORGANIZATION NOTE BY THE PRESIDENT OF THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT With reference to Item 3 of the Provisional Agenda for the first meeting, I have received, in reply to the request contained in ICITO/1/1, the following nomination for Excecutive Secretary of the Interim Commission: Mr. Eric Wyndham white - nominated by the delegations of Austria, Norway and the United States of America 6474
GATT Library
dc063qd1202
Note by the Secretariat
United Nations Conference on Trade and Employment, March 10, 1948
Third Committee: Commercial Policy and Fifth Committee: Inter-Governmental Commodity Agreements
10/03/1948
official documents
E/CONF.2/C.3/83, E/CONF.2/C.5/18, and E/CONF. 2/C. 5/1-19 C. 5/A/1-2
https://exhibits.stanford.edu/gatt/catalog/dc063qd1202
dc063qd1202_90200068.xml
GATT_146
107
772
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies CONFERENCE DU COMMERCE ET DE L'EMPLOI UNRESTRICTED E/CONF.2/C.3/83 E/CONF.2/C.5/18 10 March 1948 ORIGINAL: ENGLISH THIRD COMMITTEE COMMERCIAL POLICY FIFTH COMMITTEE: INTER-GOVERNMENTAL COMMODITY AGREEMENTS NOTE BY THE SECRETARIAT The following communications dated 10 March 1948 has been received from Mr. Gomez Robles, Head of the Delegation af Guatemala: "In conformity with the resolution taken at the Heads of Delegations meeting, approving the Report of the Co-ordinating Committee, I have the pleasure of informing you that the delegation of Guatemala withdraws the reservations it had. made to Article 18, and to Chapter VI in relation to the Colombian amendment (E/CONF.2/39)."
GATT Library
mt807bq8467
Note by the Secretariat
United Nations Conference on Trade and Employment, February 10, 1948
Sixth Committee: Organization
10/02/1948
official documents
E/CONF.2/C.6/71 and E/CONF.2/C.6/44-75
https://exhibits.stanford.edu/gatt/catalog/mt807bq8467
mt807bq8467_90170135.xml
GATT_146
644
4,387
United Nations Nations Unies UNRESTRICTED. CONFERENCE CONFERENCE E/CONF.2/C.6/71 ON DU 10 February 1948 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL:ENGLISH SIXTH COMMITTE: ORGANIZATI0N Note by the Secretariat 1. Paragraphs .. 1 and 2 of Article 36 of the Statute-of the International Court of Justice read as follows: "1. The jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force. "2. The states parties to the present Statute may at any time declare that they recognize as Compulsory ipso facto and without special agreement, in relation to any other state accepting the same obligation, the jurisdiction of the Court in all legal disputes concerning : (a) the interpretation of a treaty; (b)any question of international law; (c) the existence of any fact which, if established, would constitute a breach of an international obligation; (d) the nature or extent of the reparation to be made for the breach of an international obligation." 2. Paragraph 3 of Article 92 of the draft Charter reads as follows: "3. The Members undertake that they will not have resource to any procedure other than the procedures envisaged in this Charter for complaints and the settlement of difficulties arising out of its operation .. ... etc." 3. In the sub-committee set up to consider Chapter VIII of the Charter,the delegation of Mexico queried whether paragraph 3 of Article 92 did not conflict with the obligations of states which had deposited the declaration referred to in paragraph 2 of Article 36 of the Statute of the International Court. Opinions in the sub-comittee on this question were seen, after a brief discussion, to be divided and the matter was referred, with other questions, to a working party of six delegations, When the matter came up for discussion in the working party, the working party had before It the following opinion cabled by the Legal Department of the United Nations: /" Inour E/CONF. 2/0. 6/71 Page 2 "In our opinion serious doubt whether three article ninetytwo is consistent with obligations of states which have accepted compulsory jurisdiction International Court as regards legal questions provided article thirtysix Court Statute. Some declarations contain exception for disputes in which parties agree to have recourse other modes of settlement. Such reservations made Australia Canada France India Iran Luxembourg New Zealand Netherlands South Africa Turkey United Kingdom United States. Specific inclusion this reservation would seem indicate some states consider unconditional acceptance compulsory Jurisdiction. prevents agreement for recourse to other modes of settlement. Suggest inclusion following article ninetytwo "Subject obligations assumed under Statute International Court." 4. The working, party, after a brief exchange of views, did not feel that it could take any decision on this matter until delegations had had a further opportunity of consulting their governments. In addition to the wording suggested by the Legal Department of. the United Nations, the two following suggestions were made informally in the course of discussion in an endeavour to overcome the difficulty: (a) to add the following words at the commencement of paragraph 3 of Article92: "Provided that Members bound otherwise by obligations assumed under the Statute of the International Court of Justice will abide by such obligations,........"; and (b) to add a paragraph at the end of Article 92 reading as follows: "5. Obligations assumed by Members under this Chapter are subject to obligations assumed by them under the Statute of the International Court of Justice." 5. As this question is one of legal complexity the working party considered that delegations other than those represented upon it would wish to have early notice of the problem so that they might refer it to their governments if they thought necessary and obtain instructions upon it in good time, The Secretariat has therefore prepared and circulated this note.
GATT Library
qf619rb8291
Note by the Secretariat
Interim Commission of the International Trade Organization, March 18, 1948
Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee
18/03/1948
official documents
ICITO/EC.1/2, ICITO/EC.1/LIST OF DOCUMENTS, ICITO/EC.1/1-6, and ICITO/EC.1/SR.1,2
https://exhibits.stanford.edu/gatt/catalog/qf619rb8291
qf619rb8291_90180061.xml
GATT_146
378
2,934
UNRESTRICTED ICITO/EC.1/2 18 March 1948 ORIGINAL: ENGLISH INTERIM COMMISSION OF THE INTERNATIONAL TRADE ORGANIZATION EXECUTIVE COMMITTEE Note by the Secretariat Election of the Executive Committee At the fifteenth plenary session held on 16 March, the United Nations Conferene on Trade and Employment agreed to suggest to the Interim Commission that, unless the Commission should devise some other formula more acceptable to it, the election of the Executive Committee should proceed along the general lines of Article 75 and the Annex thereto. If the Commission accepts this recommendation, it is suggested that the election might proceed somewhat as follows: I. Following the lines of paragraph 2 of the Annex to Article 75, the Commission should designate the following as members of the Executive Committee: (i) United States Canada United Kingdom France Benelux (ii) China India The third state which would qualify according to the criteria of ''largest population in the world and potential importance in international trade" would be the Soviet Union. As, however, the Soviet Union is not a member of the Interim Commission, it is suggested that only seven places should be filled by designation under I and that an additional place should be filled by election under III (below). II. In accordance with paragraph 2 of the Annex, members of the Commission should vote for four additional countries from the Western Hemisphere chosen from the following list: /Argentina ICITO/EC. 1/2 Page 2 Argentina El Salvador Brazil :Haiti Chile Mexico Colombia Nicaragua Costa Rica Panama Cuba Peru Dominican Republic Uruguay Ecuador Venezuela III. The Commission should vote for seven other members from the following countries, bearing in mind the statement of the Sixth Comittee of the United Nations Conference on Trade and Employment that paragraph 3 of the Annex to Article 75 is intended to cover the cases of certain geographical groups such as the Arab States, other Middle and Near Eastern States and States in the north of Europe: Afghanistan Lebanon Australia Liberia Austria New Zealand: Burma Norway Ceylon Pakistan Czechoslovakia Philippines Denmark Poland Egypt Southern- Rhodesia Greece Sweden Republic of Indonesia Syria Iran TransJordan Iraq South Africa Italy IV. It is suggested that no country should be declared elected which does not receive a simple majority of the votes of members participating in the election.
GATT Library
jt098pr6455
Note by the Secretariat Addendum
Interim Commission of the International Trade Organization, March 19, 1948
Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee
19/03/1948
official documents
ICITO/EC.1/2/Add.1, ICITO/EC.1/LIST OF DOCUMENTS, ICITO/EC.1/1-6, and ICITO/EC.1/SR.1,2
https://exhibits.stanford.edu/gatt/catalog/jt098pr6455
jt098pr6455_90180062.xml
GATT_146
68
471
UNRESTRICTED ICITO/EC.1/2/Add.1 19 March 1948 ENGLISH - FRENCH ORIGINAL: ENGLISH INTERIM COMMISION OF THE INTERNATIONAL TRADE ORGANIZATION EXECUTIVE COMMITTEE NOTE BY THE SECRETARIAT ADDENDUM On Page 2, Turkey should be added to the countries listed under III. COMMISSION INTERlMAIRE DE L' ORGANISATION INTERNATIONALE DU COMMERCE COMITE EXECUTIF ADDITIF A LA NOTE DU SECRETARIAT Ajouter la Turquie à la liste des pays qui figurent sous III, page 3. 6443
GATT Library
bn129zk6626
Note by the Secretariat Concerning a Reaolution on the Interim Co-ordinating Committee for International Commodity Arrangements
United Nations Conference on Trade and Employment, January 26, 1948
Fifth Committee: Inter-Governmental Commodity Agreements and Sixth Committee: Organization
26/01/1948
official documents
E/CONF.2/C.5/16, E/CONF.2/C.6/47, and E/CONF. 2/C. 5/1-19 C. 5/A/1-2
https://exhibits.stanford.edu/gatt/catalog/bn129zk6626
bn129zk6626_90200066.xml
GATT_146
607
4,402
United Nations Nations Unies CONFERENCE CONFERENCE E/CONF.2/C.5/16 ON DU 26 January 1948 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH FIFTH COMMITTEE: INTER-GOVERNMENTAL COMMODITY AGREEMENTS SIXTH COMMITTEE: ORGANIZATION Note by the Secretariat Concerning a Reaolution on the Interim Co-ordinating Committee for International Commodity Arrangements During the First Session of the Preparatory Committee a resolution was communicated to the Economic and social Council recommending the establishment of an Interim Co-ordinating Committee for International Commodity Arrangements (sea Annexure 9 to the Report of the First Session, document E/PC/T.33) . On the basis of this recommendation, which was endorsed in principle by the Preparatory Commission on World Food Proposals of the Food and Agriculture Organization, the Economic and Social Council adopted a resolution on 28 March 1947 requesting the Secretary-General of the United Nations to appoint such an interim co-ordinating committee which would have the function of keeping informed on, and facilitating by appropriate means, inter-governmental consultation on action with respect to commodity problems. The Resolution of the Economic and Social Council provided that the Committee should consist of "a Chairman to represent the Preparatory Committee of the United Nations Conference on Trade and Employment, a person nominated by the Food and Agriculture Organization of the United Nations to be concerned in particular with agricultural primary commodites, and a person to be concerned in particular with non-agricultural primary commodities." In view of the fact that the Preparatory Committee has now ceased to exist, it would seem appropriate for the present Conference to propose that the composition of the Interim Co-ordinating Committee be revised to provide that the Interim Commission for the International Trade Organization should assume in respect of this co-ordnating committee the position previously filled by the Preparatory Committee. For this purpose the Secretariat suggests that either the Fifth Committee or the Sixth Committee should consider the recommendation to the Plenary Session of the Conference of a resolution on the lines of the attached draft. Such a resolution could not, of course, be transmitted to the Economic and Social Council until the /Conference had E/CONF.2/C.5/16 E/CONF.2/C.6/47 Page 2 Conference had completed arrangements for establishing am Interim Commision. However, in the meantime it would seem desirable for one or other of the two above-mentioned comittees or the Conference to consider a resolution on this subject on the understanding that action by the committee on this resolution does not prejudge the question of whether or not an Interim Comission will be established, and that formal approval by a Plenary Session of the Conference of any resolution recommended by the committee would x4ttee irould bi deferred unt1l the question of establishing an Interim Commission had. been settled. ON CONCERNING THE INTERIM ESBLUMIOAN NGCONCEf;lG TM IERIK CO-ORDINTIIC COIqTEE FOR INTERATIONAL COtMOITY MMEMENTS' TE UNITED NATIONS COIEMPLOYMENTERENCE ON TRADE AND LOM T TEIN nte of the Resoluticon adopted by the Economie ad Social Council on 28 March 1im947 establishing an Inter oCo-ordinating Committee fr International Commodity Arrangements with a chairman representing the Preparatory Committee fof the United Naations Conerence on Trade nd Employment; NOTING tha, vth the commencement of then United Nations Confere.i on Trade and Employment on 21 November 1947 the Preparatory Committee ceased to e:st, and that at the conclusion of the Confserence an Interim Comiiion. or the Ignternationwal Trade Orsnization vs established; and COGNZMING that it lsdesirable to avoid any interruption of the interim arrangements for co-ordinating action in this field; accordingly RECOMENI6 hat the Economic and Social Council amend- he composition or te Interim Co-ordinating Committee for International Commodity Arrangements to provide that the Chaimmrman or that Coittee be nominatimed by the Inter Commission for the International Trade Organization,
GATT Library
vq720zt3023
Note by the Secretariat Concerning a Resolution on the Interim Co-ordinating Committee for International Commodity Arrangements
United Nations Conference on Trade and Employment, January 26, 1948
Fifth Committee: Inter-Governmental Commodity Agreements and Sixth Committee: Organization
26/01/1948
official documents
E/CONF.2/C.5/16, E/CONF.2/C.6/47, and E/CONF.2/C.6/44-75
https://exhibits.stanford.edu/gatt/catalog/vq720zt3023
vq720zt3023_90170100.xml
GATT_146
603
4,380
United Nations Nations Unies CONFERENCE ON CONFERENCE E/CONF2/C.5/16 E/CONF.2/C.6/47 DU 26 January 1948 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH FIFTH COMMITTEE: INTER-GOVERNMENTAL COMMODITY AGREEMENTS SIXTH COMMITTEE: ORGANIZATION Note by the Secretariat Concerning a Resolution on the Interim Co-ordinating Committee for International Commodity Arrangements During the First Session of the Preparatory Committee a resolution was communicated to the Economic and Social Council racommending the establishment of an Interim Co-ordinating Committee for International Commodity Arrangements (see Annexure 9 to the Report of the First Session, document E/PC/T.33). On the basis of this recommendation, which was endorsed in principle by the Preparatory Commission on World Food Proposals of the Food and Agriculture Organization, the Economic and Social Council adopted a resolution on 28 March 1947 requesting the Secretary-General of the United Nations to appoint such an interim co-ordinating committee which would, have the function of keeping informed on, and facilitating by appropriate means, inter-governmental consultation on action with respect to commodity problems. The Resolution of the Economic and Social Council provided that the Committee should consist of "a Chairman to represent the Preparatory Committee of the United Nations Conference on Trade and Employment, a person nominated by the Food and Agriculture Organization of the United Nations to be concerned in particular with agricultural primary commodities, and a- person to be concerned in particular with non-agricultural primary commodities." In view of the fact that the Preparatory Committee has now ceased to exist, it would seem appropriate for the present Conference to propose that the composition of the Interim Co-ordinating Committee be revised to provide that the Interim Commission for the International Trade Organization should assume in respect of this co-ordinating committee the position previously filled by the Preparatory Committee. For this purpose the Secretariat suggests that either the Fifth Committee or the Sixth Committee should consider the recommendation to the Plenary Session of the Conference of a resolution on the lines of the attached draft, Such a resolution could not, of course, be transmitted to the Economic and Social Council until the /Conference had E/CONF.2/C.5/16 E/CONF. 2/C.6/47 Page 2 Conference had completed arrangements for establishing an Interim commission. However, in the meantime it would seem desirable for one or other of the two above-mentioned committees of the Conforence to consider a resolution on this subject on the understanding that action by the committee on this resolution does not prejudge the question of whether or not an Interim Commission will be established, and that formal approval by a Plenary Session of the Conference of any resolution recommended by the committee would be deferred until the question of establishing an Interim Commission had been settled., DRAFT RESOLUTION CONCERNING THE INTERIM CO-ORDINATING COMMITTEE FOR INTERNATIONAL COMMODITY THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT TAKING note of the Resolution adopted by the Economic and Social Council on 28 March 1947 establishing an Interim Co-ordinating Committee for International Commodity Arrangemento with a chairman representing the Preparatory Committee of the United Nations Conference on Trade and Employment; NOTING that, with the commencement of the United. Nations Conference on Trade and Employment on 21 November 1947 the Preparatory Committee ceased to exist, and that at the conclusion of the Conference an Interim Commission for the International Trade Organization was established, and RECOGNIZING that it is desirable to avoid any interruption of the interim arrangements for co ordinating action in this field; accordingly RECOMMENDS that the Economic and Social Council amend, the composition of the Interim Co-ordinating Committee for International Commodity Arrangements to provide that the Chairman of that Committee be nominated by the Interim Commission for the International Trade Organization.
GATT Library
gr116tf3574
Note by the Secretariat concerning the "Final Act and related documents"
United Nations Conference on Trade and Employment, March 22, 1948
22/03/1948
official documents
E/CONF.2/72 and E/CONF.2/70-77
https://exhibits.stanford.edu/gatt/catalog/gr116tf3574
gr116tf3574_90040147.xml
GATT_146
238
1,570
United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE E/CONF.2/72 ON DU 22 March 1948 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLON ORIGINAL: ENGLISH NOTE BY THE SECRETARIAT CONFERENCE THE "FINAL ACT AND RELATED DOCUMENTS" The text of the "Final Act and Related Documents" is being circulated today in both French and English. As indicated inside the title page of that document, delegations are urged to examine the text with care in order that any errors may be detected in time to be corrected in the original text before signature. If any such errors are to be corrected it will be necessary for the Secretariat (Miss Kent. Room 4-97, extension 97) to be informed in writing of them by 11.00 a.m., Tuesday, 23 March, It should be noted that the search for typographical errors should not include the Final Act itself or the Signature List which follows it since this part of the document is being produced separately in New York in the five languages. The present edition is a limited one and it will be possible to supply each delegation with only a limited number of copies. Delegations desiring to secure copies of the sales edition, which is expected to be available in New York within a week or ten days from the end of the Conference, should direct their requests as soon as possible to the Documents and Sales Section of the United Nations, Lake Success, New York.
GATT Library
nh144gh4736
Note by the Secretariat on the status of amendments
United Nations Conference on Trade and Employment, January 15, 1948
General Committee
15/01/1948
official documents
E/CONF.2/BUR/27, 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/nh144gh4736
nh144gh4736_90180193.xml
GATT_146
1,419
9,634
United Nations Nations Unies RESTRICTED CONFERENCE CONFERENCE E/CONF,2/BUR/27 ON DU 5 January 1943 ORIGINAL:ENGLISH TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI GENERAL COMMITTEE NOTE BY THE SECRETARIAT ON THE STATUS OF AMENDMENTS At the Sixth Meeting of the General Committee the Secretariat was requested to prepare a report on the status of the amendments submitted by delegations (E/CONF.2/BUR/SR.6). It has not; beeanfound possible to devise a uniform and objective definition of an ""amendment . It has seemed best in the circumstances to take the Article as the unit and to treat all changes proposed by a particular delegation in any one Article as constituting a single "amendment". This course has been followed on the assumption that each Article represents a separate subject and that generally it would be unwise to attempt to subdivide individual articles into distinct subjects. On the basis used in the attached table, 405 "amendments" have bean submitted, of which 221 have not been settled provisionally or finally either in Sub-Committee or full committee and 17 additional ones have been settled only in part. Of the number not yet settled, Committee II is concerned with same 45 and parts of 4 others; Committee III with some 122 and parts of 11 others; and Committee VI with some 54 and parts of 2 others. It is to be noted that if these calculations had been made on the basis of the number of proposals by individual delegations, the totals both for the number submitted and for the number remaining would have been substantially higher. Such a method of calculation would, however, present the difficulty that judgments would have had to be made by the Secretariat as to what, within each Article or paragraph, constituted a seperate proposal or "amendment". While the method used yields an imperfect result, it would seem to be the only practicable one and it does, when read horizontally, give a reasonably accurate indication of the number of - Articles in which individual delegations have proposed changes and of the number of Articles in which changes proposed by individual delegations ha:e yet. to be dealt with. /A NNEX /AMW . . ;;. I. . ANNEX NUMBER OF ARTICLES ON WHICH INDIVIDUAL DELEGATIONS HAVE SUBMITTED AMENDMENTS (COLUMN "A") AND THE NUMBER ON WHICH THEY HAVE AMENDMENTS REMAINING (COLUMN "B") AS OF 13 NUARY 1948 (See notes at end of table) COMMITTEE I (Number of Articles Assigned to the Particular Committee) DELEGATION A Afghanistan............ - Argentina........... 1 Australia .............-- Austria ............. -- Belgium...............-- Bolivia ............ - - Brazil................-- Burma ......... 1 . Chile ........ ......- China.......... Colam.i .1... 1.. Cos taRica ....... Cuba .......;* -- Czechoslokalia .......... .-- (6) COMMITTEE II (8) B _ _ _ - 4 AB 4 2 2 .2 2 2 2 .i 1 COMMITTEE III CMMrITTEE IV (28) (8) A B 5 2 23 11 & 2p 3 3 1 1 2 1 1 1 4 1 1&lp 8 & 1 lp 3 2 4. 3 9' & 1p 2 A 1 4 3 _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ COMMITTEE V (16) A B A _- 5 - 1 -- 3 1 -- 2 __! -- 2 1 w ~~~~- 2 COMMITTEE VI (34) B 2 & 1p 2 1 2 3 1 1 2 3 . 0 Qi 48ITUR i*8 to b TOTAL (100) t A B 8 3 38 17 & 3p 6 5 1 1 2 8 14 16 8 10 8 13 8 kDerlc 1 1 1 4 3 & 'I 8 & 2p 6 5 & ip 4 8 & 12 6 , .. 1 , . I .., I I . - -.1 , - -.1 C- - . .7 ?-,- --,, COMMITTEE I COMMITTEE II COMMITTEE III COMMITTEE IV COMMITTEE V A B A B A B A B A DELEGATION _ _ _ _ Denmark.... 1 1 1 6 5 -- -- - Dominican Republic.. . . -- 1 1 . -- Ecuador .....- -- 3 1 3 3 2 __ __ Egypt . ,,............................ 1 ..1 2 I......,,X . -- - -- Eep . . 6*.-- * _ _ 2 1 >' -- -- 1 El Salvador . .......* -- -- 1 1 2 1 -- -- 3 Finland ..... .. .. -- --. -- -- -- -- France .....-.......-- -- -- -- 2 1 - Greece .. ..-- -- -- -- 3 3 1 -- -- Guatemala.. Haiti. 1 -- -- - 3 2 -- -- -- Iceland . -- -- -- -- -- -- India . -- -- 2 2 1 1 2 Indonesian Republic -- --, -- -- -- -- -- -- -- Iran . ... .- 1 1 -- -- -- Iraq/Transjordan. -- -- 1 1 3 3 -- -- Ireland.. ...... -- -- -- - 2 1 & lp -- -- -- Italy .. 2 2 1 5 4 3-- 1 Lebanon 2 2 7 7 -- ° ° Liberia .. . .--- --------- Luxembourg..... .. -4 Mexico.*.^.';, , _ ........ 2 & 2p.l , 5.- - - 2.. Netherlands 22 1 5 2. New Zealand....*......, -- -- 2 2 3 2 4-lp -- -° -- EE V B COMMITTEE VI A B °- 1 1 - 2 2 -- 2 2 -- 2 ~~ 1 _ - _ 8_ 7 1 5 _& l_ 1_. 4 / 1 ar gu TOTAL A B 8 6 1 1 9 5 4 1 8 4 4 3 4 3 4 2 9 4 3 1 &1P 21 12 9 9 40 18 & 3p 3 3 9 9 p , -J ?? ? o ?r l-) DELEGATION Nicaragua...... Norway ................. Pakistan............... Panama .......... Paraguay ................ Peru.................. Philippines............ Poland ......... Portugal............... Southern Rhodesia...... Sweden................. Switzerland............ Syria............... Turkey ....... Union of South Africa.. United Kingdom....... United States of America...... COMMITTEE I A B 2 __- 3 -- 2 -- 1 1 _-_- COMMITTEE II A B . 1 2 1 2 1 2 2 1 1 COMMITTEE III A B 7 5 & 1p C, 7 5 3 1 3 1 _- 4 2 & 1p 2 2 5 5 3 1 4 4 2 2 7 3 1 1 8 6 COMMITTEE IV COMMITTEE V A B A B 1 ... - 1- -- 1 -- -- -- 2 --. OM A 1 3 7 2 __ __ _- -_ 1 __ __ __ -_ . 1 COMMITTEE VI B 1 1 3 2 1 1 -- -- 1 --* I - 1 TOTAL W A B G Q. __ .; A. 14 7 & 1p 5 2 20 9 9 3 7 5 & 1p 2 2 5 5 7 5 2 1 10 6 12 8 ..... .,/'Q7~..... . /Uruguay t - ^ t. " -_ - ? _o,-?'i_--gt - DELEGATIONS Uruguay .......... Venozuela........... COMITTOlE I CM4ITTEE II A B A B CMMITTEE III A B COMMITTEE IV A B 3 2 1 9 4&p 2 2 4 3&1p OMMITTME V A B 3 -- 2 - - COMMITTEE VI A B 6 3 22 -- 62 45 & 4p 126 111 & llp 21 -- 29 - 85 54 & 2p 405 221 & 17p Notes: "A" - This column indicahes teo number of Articles in weich cach delegation has formally proposed changes. It does not indichee teo numbechangf es proposed by the delegation within Individual Articles ie moru than one change was proposed by it in any Article. B"- This column indicates the number of Articles in which each delegationll sti.as amendments outstanding in the sense that suce am ndm nts.have not yet been settled by being accepted or rejected either at the SummConiittee stage or in full committee or ey boing withdrawn formally by the sponsor. -fp_ This symbol represents "partially" remaining. The entr1 "lp" for example means that in respect of 1 of the articles in which the particular delegation proposed more than one change some but not all of the changes have boon dealt with (accepted or rejected--provisionally or finally--or withdrawn). Similarly, "3p" means that there arer thee Articles in each of whico scme but not all of the changes proposed byetho particular delegation haveebeun dealt with. - Indicates ttnh an amendment to an Article is formally in suspense awiting action by another Committee. W o .:, - L TOTAIS 'TAL A B 22 9 & lp a 5 & 1p _!4W {i- - - t_ - ! - 'lo,0 S
GATT Library
jj718vs8382
Note by the secretariat. Re: Date of accepting chapter
United Nations Conference on Trade and Employment, February 10, 1948
Sixth Committee: Organization
10/02/1948
official documents
E/CONF.2/C.6/70 and E/CONF.2/C.6/44-75
https://exhibits.stanford.edu/gatt/catalog/jj718vs8382
jj718vs8382_90170134.xml
GATT_146
117
800
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies CONFERENCE DU COMMERCE ET DE L'EMPLOI UNRESTRICTED E/CONF. 2/C .6/70 10 February 1948 ORIGlNAL: ENGLISH SIXTH COMMITTEE : ORGANIZATION NOTE BY THE SECRETARIAT RE: DATE OF ACCEPTING CHAPTER With reference to the request made by the Sub-Committee on Articles 95, 96, 98, 99 and 100 for delegations to state the earliest date by which it would be possible for their governments to accept the Charter (see page 4 of document E/CONF.2/C.6/48/Rev.1), the following is a synopsis of replies received: Date Number of Governments Citing This Date 1948 May June October November December One Four One Two Five 1949 January April May June September One One Five Nine Two
GATT Library
dr549qh0895
Note by the secretariat regarding documents referring to annotated agenda
United Nations Conference on Trade and Employment, January 6, 1948
Sixth Committee: Organization
06/01/1948
official documents
E/CONF.2/C.6/42 and E/CONF.2/C.6/12/ADD.4-44
https://exhibits.stanford.edu/gatt/catalog/dr549qh0895
dr549qh0895_90170094.xml
GATT_146
592
4,398
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies CONFERENCE DU COMMERCE ET DE L'EMPLOI UNRESTRICTED E/CONF.2/C.6/42 6 January 1948 ORIGINAL: ENGLISH SIXTH COMMITTEE: ORGANIZATION NOTE BY THE SECRETARIAT REGARDING DOCUMENTS REFERRING TO ANNOTATED AGENDA 1. In order to assist delegates in ensuring that their files of working papers documents are complete, it is pointed out that the following documents referring to the annotated draft agenda (document E/CONF.2/C.6/12), or adding proposals and amendments to it, have been issued since the circulation of the annotated draft agenda. Symbol E/CONF.2/C.6/12/Add.1 E/CONF.2/C.6/12/Corr.1 E/CONF.2/C.6/12/Add. 2 E/CONF.2/C.6/12/Corr.2 E/CONF.2/C.6/12/Add.3 E/CONF.2/C.6/12/Add.4 E/CONF.2/C.6/12/Add.5 E/CONF.2/C.6/12/Add.6 E/CONF.2/C.6/12/Add.7 E/CONF.2/C.6/12/Corr.3 Date 11 December 11 December 12 December 12 December 17 December 18 December 20 December 22 December 22 December 23 December Subject 1. Reference to comments on Chapter VIII and Article 84 by non- governmental organizations. 2. Amendment by El Salvador to Alternative A of Article 75. Withdrawal of amendment of Pakistan to Article 75. Revision of amendment by Ecuador to Article 1. Corrigendum (French only) to Annotated Agenda. Amendments to Articles 69 (c) and 75 by Czechoslovakia. Amendment by India to Article 89. Amendment to Article 74 (1) and (2) by Czechoslovakia. Amendment by Ireland to Article 83. Amendments by China to Functions and Composition of Tariff Committee (Articles 74 (1), 81 and 90 (3)). Corrigendum (English only) to Annotated Agenda. /E/CONF.2/C.6/12/Add.8 E/CONF.2/c.6/42 Page 2 Symbol E/CONF.2/C.6/12/Add.8 E/CONF.2/C.6/12/Add.9 E/CONF.2/C.6/12/Add.10 E/CONF.2/C.6/15 E/CONF.2/C.6/16 E/CONF.2/C.6/27 E/CONF.2/C.6/35 E/CONF.2/C.6/38 E/CONF.2/C.6/39 2. The following documents been circulated to date: Symbol E/CONF.2/C.6/5 E/CONF.2/C.6/5/Corr.1 Date Subject 29 December Amendment by Czechoslovakia to Article 94 end Counter Proposal to Italian Proposal Regarding Article 16 issued in document E/CONF.2/11/Add.18. 2 January Amendmnnt by Iraq to Article 94. 5 January Amendment by the United States to Article 99. 12 December Note by Secretariat upon use of weighted voting. 12 December Note by Secretariat upon Article 8. 18 December Note by Secretariat on information requested by Czechoslovakia concerning the Fiscal Commission of the Economic and Social Council. 2 January Revised draft of Article 93 by United Kingdom. 2 January Note by Secretariat upon paragraph 3 of Article 87. 2 January Note by Secretariat upon Article 1. containing texts approved on first reading have, 4 9 6 9 15 E/CONF.2/C.6/8 E/CONF.2/C.6/14 E/CONF.2/C.6/20 E/CONF.2/C.6/20/Corr.1 E/CONF.2/C.6/25 Date December December December Dacember December December 15 December 18 December Subject Articles 68 and 69. Note to text of Article 69 as adopted on first reading. Text of Article 71. Text of Article 73. Text of paragraphs 1 to 5 inclusive of Article 74. Corrigendum to text of paragraphs 1 to 5 inclusive of Article 74. Texts of Articles 74 (7), 76, 77, 78, 79 and 80. E/CONF.2/C.6/29 E/CONF.2/C.6/37 22 December 2 January Texts of Articles 82 (3). Texts of Articles 83 87 and 88. and 83 (2) and (1), 84, 85, 86, /E/CONF.2/C.6/41 E/CONF.2/C.6/42 Page 3 Symbol Date Subject E/CONF.2/C.6/41 5 January Texts of Articles 97 and 98 (1). E/CONF.2/C.6/43 6 January Text of paragraph 1 of Article 92. 3. The following document containing the report of the sub-committee on paragraph 7 of Article 74 (Powurs and Duties of the Conference) which was adopted unanimously by the Sixth Committee should also be borne in mind by delegates who wish to have a complete record of action taken upon first reading of Chapter VII: Sybol Date Subject E/CONF.2/C.6/21 15 December Report of Sub-Committee on paragraph 7 of Article 74. 4. Delegates who wish to follow the proceedings of all the sub-committees of the Sixth Committee should refer to documents entitled E/CONF.2/C.6/W. To date seventeen documents in this series have been issued.
GATT Library
jw258sj2719
Note by the United Kingdom Delegation
General Agreement on Tariffs and Trade, August 23, 1948
General Agreement on Tariffs and Trade (Organization), Contracting Parties, and Working Party 5 on Article XVIII
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/jw258sj2719
jw258sj2719_91870490.xml
GATT_146
1,232
7,724
RESTRICTED GATT/CP. 2/WP. 5/3 23 August 1948 ORIGINAL: ENGLISH GENERAL AGREEMENT ON TARIFFS AND TRADE Contracting Parties Second Session Working Party 5 on Article XVIII Note by the United Kingdom Delegation Existing protective measures, as defined by Article XVIII, consist of non-discriminatory restrictions, imposed for the purpose of promoting economic development, in force on 1st September 1947, which were notified to the signatories of the Final Act of the General Agreement on Tariffs and Trade by 10th October, 1947. The terms of Article 14 of the Charter which Working Party No.3 has pro- visionally decided should (subject to necessary editorial changes) supersede paragraph 6 of Article XVIII, are similar in this respect. 2. When it was decided at Geneva in 1947 that existing measures should be notified by 10th October of that year, the United Kingdom circularized the Colonial territories to enquire whether any such measures were then in existence. As the result of these enquiries the United Kingdom made a nil return in respect both of the metropolitan and the Colonial territories. Owing to an oversight, and in particular due to the shortage of time for making such enquiries, two such measures which were in existence on 1st September and should have been notified by 10th October were not in fact so notified. These measures consist of restrictions on the import of tea into Mauritius and so- called "filled" soap into Northern Rhodesia. 3. The United Kingdom Delegation requests that, in the circumstances, the Contracting Parties will overlook the technical breach of Article XVIII and consider these measures as "existing" measures for the purposes of Article XVIII. 4. If this request is admitted it will be necessary to present to the Contracting Parties a statement of the reasons in support of the maintenance of these measures. The Protocol of Provisional Application of the G.A.T.T. has been applied on behalf of the British Colonial territories (with the one exception of Jamaica which is irrelevant in this connection) from 28th June, 1948, and since the statement in support of the maintenance of the measure is required within 60 days of that date. the United Kingdom Delegation ventures to submit the statement attached to this paper, in advance of the Contracting Parties decision on the request (referred to in paragraph 3 above) that these measures may be considered as "existing". GATT/CP. 2/WP. 5/3 page 2 ANNEX A. MAURITIUS Tea The importation of tea into Mauritius is restricted to a certain amount each year. The quantity authorised for import in 1946 was 50 tons and this was increased to 75 tons in 1947; the total imports which will be permitted in 1948 has not yet been decided but the quantity will not be less than 60 tons. This restriction is imposed by the Controller of Supplies by virtue of powers which he holds under Defence (General) Regulations 1939. 2. The purpose of the restriction is to ensure consumption within the island of all locally grown tea in order to preserve the industry and to encourage greater production. 3. Mauritius is too much dependent on a single crop; the island is overpopulated in terms of the present economy and population is increasing, Reorganisation of the sugar industry, including further centralisation and mechanisation, which will be essential to the survival of this key industry on the return of competitive conditions, may well lead to considerable unemployment among a section of the population. The need for additional industries, to absorb displaced labour and to provide for increas- ing population, is, therefore, imperative. There is a good deal of land suitable for tea production and unsuitable for other crops which, if fully developed, could supply internal requirements on the basis of a considerably increased consumption per head, and allow of a small export to Madagascar and other countries. It is proposed to foster this develop- ment and to aim at a progressive improvement in the quality of the local product. If our objects are to be attained, protection of the industry is essential during the initial stages of development. 4. It is estimated that to achieve these objects a quota system will have to be continued for a further five years, after which the position should be reconsidered in the light of the results which have been achieved. B. NORTHERN RHODESIA "Filled" Soap (i.e.soap containing not less than 45% and not more than 62% of fatty acid). I. Prohibition of the import of "filled" soap into Northern Rhodesia from the Belgian Congo was instituted in 1943 with the object of preventing the product of the Northern Rhodesia Soap Manufacturers from being undersold by the product of the manufacturers in the Belgian Congo. At that time there were two GATT/CP. 2/WP, 5/3 page 3 factories in Northern Rhodesia, situated at Ndola in the Copperbelt area of the Territory. Both these factories had to rely for their raw material (palm oil) on supplies obtainable from the Belgian Congo, and, owing to the fact that a considerable differential existed between the price at which this palm oil was made available to the local manufacturers in the Congo and for export (£14 and £37.10 per ton respectively), it would have been possible, without this prohibition, for the Belgian Congo manufacturers to export and place their products on sale in Northern Rhodesia at a cheaper price than the Northern Rhodesia product. 2. Palm oil was at the time in shore supply and has continued to be so since then. Further, there was no guarantee that the Belgian Congo manu- facturers of soap would be in a position to maintain supplies for Northern Rhodesia at an essential level, and, if supplies had failed from that source, the Northern Rhodesia Government might have been com- pelled to assist in maintaining its local factories to ensure adequate supplies, either by direct financial subsidy or by permitting an enhanced price to compensate for the reduction in the volume of sales by the local manufacturers. It was clear that if Northern Rhodesia had not taken the action under reference the local factories would have been com- pelled to close down and this Territory would have become dependent for its common soap requirements on such supplies as might be available for export from the Belgian Congo, and which might have been inadequate to meet this Territoryts requirements. 3. The importation of filled soap from the Belgian Congo was therefore prohibited by the issue of Govern- ment Notice No.14 of 1943 after prior notification had been given to the authorities of the Belgian Congo through the British Consul at Elisabethville. The measure is a purely temporary one designed to keep local industry in being, and has been necessitated by under-selling made possible primarily by the high margin between internal and external prices for palm. oil which existed in the Congo. It is not possible, at present, to indicate for how long it will be necessary to retain it, as this must depend upon the availability of supplies and the price of palm oil. The position is, however, under review. 1 . The prohibition does not apply to the Congo Basii area of this Territory. II. Pursuant to Article IV(a) of the Northern Rhodesia_ Southern Rhodesia Customs Agreement of 1933, which provides that "filled" soap manufactured in one terri- tory shall not be exported to the other territory, the importation of "filled" soap from Southern Rhodesia into Northern Rhodesia is also prohibited.
GATT Library
wy959vn9909
Note concerning the reports of Committees to the Conference
United Nations Conference on Trade and Employment, February 23, 1948
23/02/1948
official documents
E/CONF.2/41 and E/CONF.2/14-15/REV.1
https://exhibits.stanford.edu/gatt/catalog/wy959vn9909
wy959vn9909_90040097.xml
GATT_146
573
3,946
United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE E/CONF. .2/41 ON DU 23 February 1948 TRADE AND EMPLOYMENT COMMERCE ET DEL'EMPLOI ORIGINAL: ENGLISH NOTE CONCERNING THE REPORTS OF COMMITTEES TO THE CONFERENCE In the reports of the Fourth Committee and the Fifth Committee which have already been issued, it has been found possible to incorporate without too great difficulty substantial portions of the reports of sub-committees. It is doubtful, however, that the same procedure can be followed in the reports of the Second, Third and Sixth Committees, which have had such large numbers of sub-committees. The discussion which would be required for the full committees to examine and approve sub-committee reports in the detail necessary for their inclusion in the reports of the committees would prolong the Conference very considerably. For this purely practical reason alone it would seem desirable to adopt a procedure which would recognize the special position of any observations in sub-committee reports and also of any comments made thereon during the discussions in committee without attempting the incorporation of the bulk of the sub-committees' reports , Accordingly, pt is suggested that as a general rule the draft reports to be prepared by the Secretariat at the end of the second reading for subsequent consideration by these three committees should take the following form: (a) An introduction listing the office holders of the committee and describing briefly its activities. (b) A section regarding each sub-committee indicating its composition, the document numbers of the proposals referred to it, the document number of the report submitted by it, and the document numbers of the summary records covering the meetings at which the sub-committee's report was considered by the full committee. (c) The texts of the articles as recommended by the committee, together with formal interpretative notes intended for annexure to the Charter Itself. (d) Any provisional reservations which may have been recorded formally by individual delegations. When these draft reports are under consideration in commiittee it will, of course, be open to any Delegation to request the agreement of the committee to the inclusion in its final report to the Conference of any extract from a /sub-committee E/CONF.2/41 Page 2 sub-committee report or from a summary record of the committee's earlier discussion if the inclusion of such excerpts is considered necessary in a particular case. If, in the interest of saying time and avoiding confusion, the above simplified procedure is followed in the preparation of the draft reports, the committee will wish to keep in mind, in considering the need for changes in or additons to the draft reports, that all sub-committee reports and the records of committee discussions thereon are being made available regularly as public documents. It should also be recognized that the General Committee, and eventually the Conference, will probably be giving consideration to the desirability of authorizing the Interim Commission to issue as a printed document for even wider distribution the reports of the principal sub-comittees and directly relevant records of committee discussions thereon. It might be noted also that, following the end of the Conference and after the renumbering of articles has been completed, the Secretariat proposes to issue a document corresponding to Enclosure 4 of the Geneva Report indicating the principal changes in form between the Havana Charter and the Geneva Draft. Accordingly, it is not intended that the draft report of committees will indicate these changes in more detail than is necessary for the immediate purpose.
GATT Library
bw950cx5559
Note concerning the reports of Committees to the Conference : Observations by the Delegation of Chile
United Nations Conference on Trade and Employment, February 26, 1948
26/02/1948
official documents
E/CONF.2/41/Add.1 and E/CONF.2/14-15/REV.1
https://exhibits.stanford.edu/gatt/catalog/bw950cx5559
bw950cx5559_90040098.xml
GATT_146
374
2,620
UNRESTRICTED United Nations E/CONF.2/41/Add.1 CONFERENCE CONFERENCE 26 February 1948 ON DU ORIGINAL: SPANISH TRADE AND EMPLOYMENT COMMERCE ET DE L 'EMPLOI NOTE CONCERNING THE REPORTS OF COMMITTEES TO THE CONFERENCE OBSERVATIONS BY THE DELEGATION OF CHILE The delegation of Chile has noted with interest document E/CONF.2/41 concerning the Reports of Committees to the Conference, and wishes to make the following observations in this connection. Many delegations, and this is especially true of the delegation of Chile, have not pressed certain amendments or have Withdrawn various reservations since It has been possible to insert in the Sub-Committee Reports explanations or interpretations of the relevant Articles of the Charter, apparently covering the situation that such amendments or reservations were intended to protect; these Reports are, therefore, of special interest to many countries. The procedure suggested in the document under consideration, which is to request the inclusion in the Committee Reports of certain parts of the Sub-Committee Reports, seems unsatisfactory, since it may be deduced. therefrom that certain parts of the Sub-Committee Reports have been officially approved by the Committee while others have not; wherceas In fat, as we understand it, the Committees have approved all the text of the Sub-Committees' Reports that has not aeectually bn rejected. Furthermore, the procedure referred to may give orise to lngthy discussions and the loss of time which those impliy, since n respect of each of the Sub-Committeem Reports any delegations will undoubtedly request the insertion of the section with which they are specially concerned. Such a result would be the reverse of that evidently by intended the Secretariat when making this proposal. For these reasons, the Chilean delegation considers that It should be noted I the Reports omf the CoMittees, in the sections corresponding to each of the Sub-Committees set up by them (item (b) of docCOument E/NF.2/41), that the Reports of the respective sub-Committees have been approved in full by the Committee, excepting, of course, those parts that have been rejected. It would also be advisable to append a statement to the effect that unless objections are raised at the plenary sessions, the Reports shall b e deemedto have been approved by the Conference in the same form as that In which they were approved by the Committees.
GATT Library
nq639pv9791
Note des Delegations de L'union Douaniere Libano - Syrienne Relative a L'application de L'Article XVIII, paragraphe 6
Accord General sur les Tarifs Douaniers et le Commerce, August 31, 1948
General Agreement on Tariffs and Trade (Organization)
31/08/1948
official documents
GATT/CP.2/WP.5/5 and GATT/CP.2/WP.5/1-6 WP.5/5/Add.1
https://exhibits.stanford.edu/gatt/catalog/nq639pv9791
nq639pv9791_91870499.xml
GATT_146
865
5,943
RESTRICTED GATT/CP. 2/WP. 5/5 31 August 1948 Original: FRENCH ACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCE NOTE DES DELEGATIONS DE L'UNION DOUANIERE LIBANO - SYRIENNE RELATIVE A L'APPLICATION DE L'ARTICLE XVIII, paragraphe 6. Les produIts figurant au document GATT/CP.24/Add.2, sous la rubrique Liban-Syrie-, qui font I'objet de mesures praises en vue de la création, dt. développement ou de la reconstruction de branches particulières de l'industrie ou de l'agriculture, peuvent être rangés dans 1es catégories ci-après (1) Produits monopolisés Il existe, au Liban et en Syrie, plusieurs mono- poles d'Etat ou concédés, dont le but consiste dans l'organisation de l'achat, la vente ou la distribution à des prix déterminés, imposés par les deux gouverne- ments. Ces monopoles se rapportent notamment au sure, au blé et autres céréales panifiables, au sel et aux tabocs et tombacs- L'existence de ces monopoles répond en outre, à une préoccupation d'ordre fiscal les deux Etats en retirent, en effet, une grande partié de lours ressour- ces budgétaires. Ainsi, il n'est pas possible, sans manquer complè- tement le but de ces institutions et sans affecter, au surplus, gravement l'équilibre des deux Budgets, d'en- visager la suppression. ou même l'assouplissement des mesures de restrictions quantitatives établies en fone- tion de ces monopoles. (2) Produits d'industries .existantes Il convent de distinguer, dans cette catégorie, d'un côté le matériel de production lui-même et, de l'autre, les produits des industries en question. En ce qui concerne le matériel de production les deux Etats estiment que certaines industries existantes sont largement suffisantes aux besoins de la consommation locale, et qu'il n'est pas possible d 'autoriser l'tmpor- tation d'in nouveau matériel sans risquer de compromettre gravement l'économie desdites industries, en les acculant à une concurrence déréglée qui ne peut: qu'en- tratner leur périclitement et le chômage. Les GATT/CP.2/WP.5/5 Page 2 deux Gouvernements se réservent, toutefois, en cas de besoin - c'est-à-dire s'il est établi qu'une indus- trie deja installée désire renouveler ou moderniser son materiel - la foculté d'accorder des licences spéciales d'importation. Pour ce qui est des produits fabriqués il est tout natural que lesdites industries puissent béné- ficier d'une protection susceptible de les aider à se maintenir, et à se développer. La question se dou- ble, d'ailleurs, d'une consid ration purement finan- cière : il n'est pas possible, lorsque des difficultés de change se dressent devant les deux Etats, de: per- mettre llutiliaation des contingents trbs limités de devises pour importation de marchandises que l'indus- trie nationale est en mesure de fournir en quantité suffisante aux deux pays. (3) Produits d'industries naissantes Durant la dernière guerre, et par suite des difficultés d'importation, des industries diverses ont été créées, dans lesquelles d'immenses capitaux ont été ebgagés. D'autres industries sont voie de création. Ces industries utilisent, pour la plupart, des matières premières dont la production locale a été, elle-même, développée, Ces Industries ont besoin, pour se maintenir et se développer, d'une protection suffisante. Permettre au camerce 6trsnger de leur faire la concurraence, amènerait fatalement leur ruine et découragerait tous capitaelstes désireux de servir l'économie des deux pays. Une tell situation augmenterait, du reste, considérablement le nombre des chômeurs, déjà assez élevé au Liban et en Syrie. Il n'est pas inutile de signaler, ici encore, que l'aspect financier de la question doit être nécessairement pris en consideration Products de l'agriculture Le Liban et la syrie sont des pays à caractère essentiellement agricole. L'irrigation n'est, cepen- ddant, pas encore suffisamment développée, Par ailleurs, de nombreuses régions de production sont situées dane les montagnes ou dens des contrées fort éloignées des centres de consommation. Ceci fait que le prix de revient des produits agricoles se trouve parfois très élevé. Si les deux Etats envisagesient d'autoriser, dans ce domaine, le libre jeu de la concurrence étrangére, il en résulterait à la fois une mévente des produits nationaux et un appauvrissement des régions de production. GATT/CP.2/WP.5/5 Page 3 Une forte protection est, par consequent, nécesaia- re là aussi, d'autant plus qu'il s'agit de l'existence même de grandes fractions des populations libanaise et syrienne. * * En conclusion, le Liban et la Syrietiennent. à rappeler que n'ayant en mains que, depuis- peu de temps, le destinées de leur économie nationale, leurs gouver- nements se trouvent clbligés d'agir avec beauccup de- circonspection pendant plubieurs années. C'est, pourquoi il leur est trbs difficile, sinon impossible, de déter- miner la durée exacte de maintien des restrictions dont il est question dans la présente note. Néanmoins, ils s'tempressent de déclarer que ces restrictions reqoivent dans la pratique, un assez grand nombre d'exceptions; il est,d'ailleurs, facile de s'en rendre compte par la simple consuItation de nos annuaires du Commerce extérieur. En outre, le Liban et la Syrie signalent que, étant surtout des pays de grande consornmation, leur souscription aux Accords de Genbve ne leur a permis que de consentir certaines concessions, sans retirer, en contrepartie, d'avantages substantiels. Enfin, l'Union douanière Libano-Syrienne s'engage à faire parvenir dans un très bref délai aux Parties Contractantes, un nouvel état oti ne figure-ront paq leg produits ayant fait l'objet de négociations tarifaires à Genève et repris sur les listes annexées à cet accord. Gen ve, le ler septembre 1948 Le Président: de la Le Président de la Délégation Libanaise Délégation Syrienne
GATT Library
tx393xr9096
Note du Secretariat
Accord General sur les Tarifs Douaniers et le Commerce, February 23, 1948
General Agreement on Tariffs and Trade (Organization), Première Session des Parties Contractantes, and Contracting Parties - First Session - 28 February-23 March 1948
23/02/1948
official documents
GATT/1/2 and GATT/1/2-8
https://exhibits.stanford.edu/gatt/catalog/tx393xr9096
tx393xr9096_90310276.xml
GATT_146
253
1,649
RESTRICTED GATT/1/2 23 fevrier 1948 ACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCE PREMIERE SESSION DES PARTIES CONTRACTANTES NOTE DU SECRETARIAT Comme suite aux indications donnees dans la dernier paragraphe de la page 3 du document GATT/1/1, en date du 18 fevrier, il est porte a la connaissance des representants que la premiere seance aura lieu le samedi 28 fevrier a 10 h. 30 dana la salle 2-2 (Salle du Bureau). L'ordre du jour de la premiere seance est le suivant : 1. Adoption du reglement interieur provisoire. 2. Election du President. 3. Election du Vice-President. 4. Adoption de l'ordre du jour provisoire. 5 . Autres questions d'organisation. Il est prevu que is premiere seance sera consacree a. des questions d'organisation et que les representants des parties contractantes y examineront le programme de travail pour la premiere session. Ils procederent probablement a l'etude du projet de reglement interieur presente par le Secretariat, et notamment de l'article 7 qui traite des representants des pays qui ont signe l'Acte final de l'Accord general mais qui ne sont pas encore devenue parties contractantes a l'Accord. Les conditions dans lesquelles ces representants pourront participer aux travaux de la premiere session des parties contractantes seront vraisem- blablement fixees a la premiere seance, le 28 fevrier prochain. Au cas ou la seance projetee coinciderait avec des seances de la Conference des Nations Unies sur le commerce et l'lemploi, cette reunion des parties contractantes serait breve et de pure forme et une nouvelle reunion aurait lieu la semaine suivante.
GATT Library
kc082xf5001
Note du Secretariat. Premiere Session des Parties Contractanies a L'accord General sur les Tarifs Douaniers et le Commerce
Accord General sur les Tarifs Douaniers et le Commerce, February 18, 1948
General Agreement on Tariffs and Trade (Organization)
18/02/1948
official documents
GATT/1/1 and GATT/1/1
https://exhibits.stanford.edu/gatt/catalog/kc082xf5001
kc082xf5001_90310268.xml
GATT_146
4,059
26,601
18 fevrier 1948 ACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCE NOTE DU SECRETARIAT PREMIERE SESSION DES PARTIES CONTRACTANIES A L'ACCORD GENERAL SUR LES TARIFS DOUANIERS ET NE COMMERCE Aux termse du paragraphe 2 de l'article XXV de l'Accord general sur les tarifa douaniera et le commerce, le Secre~tairegeneirl. des NationsUnides sat invieeaa convoquer la premeere eeunion des parties eontractantes qi± se tiendra au plus tard le ler mrw 11948. Le 30 janvier, le Seoestaire eeeeral ese Nations Unies a comumniqeu apr cablogrmame avec leo gouvernements ineeresess et ls 2 eevrier dsa lettres de confiramtion onteeee adreseees auxdits gouvernmnents. On trouvera c-iJoint le exote des invitationsaa la premeere session, ainsi que ''ordre du Jour r,ovisoire qui '1accomeagnait. Lse parties contractantes sont preces de faire eonaiftre au Secestariat tous lsa points qu'elles pourrcient eesirer ajouter a 'fordre du Jour actaol.. Si de nouveaux pointss8ont ainsi indiqees au Secretariat aanvtl' ouverture de la preme.re eeance, nouveloardre du Jour provisoire sere publec. Lsa observations suivantes concernantl'iordre du Jouroci-Joint peuvent Stre utlesi aux edegaltions: Point I Un texte de eeleement ineerieur provseoire set Joint au present document poureetre xamizen aer les edegIations. Ce e'glement ine rieur aeeee eedge principalement en vue de la premiere session; il se peut qu'avant la deuxieme session des parties contractantos, il soit necossaire de lui faire subir des modifications importantes. Pour le moment et en raison du caractere particulier de la premiere session, il semblorait souhaitable d'adopter un reglement intorieur relativement simple en rmottant a plus tard son elaboration plus detaillee. - 2 - Point 4 Les delegations pourront juger utile de consulter la documentation de la Conference des Nations Unies sur le commerce et l'emploi concernant le Groupe de travail charge d'eaudier la creation d'une commission interimaire de l'Organisation internationale du commerce; cette question de documentation interesse le Secretariat de la session des parties contractantes a l'Accord general sur les tarifs douaniers et le commrce. Point 5 Un projet de protocole est Joint au present document aux fine d'examen preliminaire. Le 28 novembre 1947, a La Havane, le Secretariat a adresso une circulaire a tous les signataires de l'Acte final de Geneve, leur demedelam si lours listes etaient correctes ou si des modifications y ataient necessaire pour les rendre conformes aux accords auxquels ont abouti Ies negociations de Geneve. Certaines delegations n'tont pas encore repondu; si elles desirent proposer des amendements ou des additions au project de protocole ci-Joint, elles sont priees d'entrer le plus tot -possible en communication avec le Secretariat. Le Secretariat rappelle aux representantes qu'ils doivent etre en posseossion de pouvoire los habilitant a signer le protocole en question. Point 6 Conforment aux notifications presentees a Genave il easblerait quo l'Australie at Cuba sont les scules parties contractantes qui aient a fournir des detaile a l'egard de ce point. On presume que l'Australie n'a pas l'inten- tion do maintenir la mesure au sujet do laquelle elle a fourni a Genevo des renseignements detailles; Cuba serait done le soul pays a fournir les renscei- gnements demandes on vertu du paragraphe do l'article XVIII dc l'Accord general sur los taris douanicrs ot lc commerce. Point 8 Les delegatios ne manqueront pas de se rappeler certaines discussions qui ont ou lieu sur ce point au cours de la Conference des Nations Unies sur le commerce et l'emploi. - 3 - Point 9 Les pays participants voudront peut etre envisager la possibilite, a titre preliminaire tout au moins, d'organisor cette annee une nouvelle serio de negociations sur les tarifs douaniers. En ce qui concorne la date exacte de I'ouverture de la premiere session des parties contractantes, le Socretariat fait remarquer que l'invitation du Secretairc general fait mention du 28 fevrier ou de la date de cloture de la Conference du commerce et de l'emploi, la date a choisir devent etre la plus rapprochee. On s'offorcora d'ouvrir la session des parties contractantes dans les plus brefs delais, si possible avant le 28 fevrier. Toutefois, les representants de certaines des perties contractantes sont extrememont occupes par les travaux de la Conference et il pourrait etra difficile de tenir en meme tomps les reunions des parties contractantos et celles de la Conference En tous cas les parties intoressees recevront sous peu a La Havane une nouvelle notification a ce sujet. 4992 - 4 - PIECE JOINTE No 1 Aux Gouvernements de l'Australie, de la Belgique, du Canada, de Cuba, des Ptats-Unis, de la France, du Luxembourg, des Pays-Bas, du Poyaume-Uni. En execution des dispositions du paragraphe 2 de I'article XXV de l'Accord general sur les tarifs douaniers et le commerce, [provisoirement applique par votre Gouvernement conformement aux dispositions du Protocole d'application provisoire dresse a Geneve le 30 octobre I947] jJ'ai l'hormeur de porter a votre connaissance que la premiere reunion des parties contractantes (aux sens de l'article XXXII de l'accord) se tiendra au Capitole, La Bavane, Cuba, le dernier Jour de J'actuelle Conerence des Nations Unies sur le commerce et l'emploi, cu le 28 fevrier, si la Conference n'est pas terminee a cette date. J'ai choisi La Havane comme etane le lieu le plus convenable pour la premiere reunion des parties contractantes en reason du fait que la Conference sus-mentionnes s'y trouve reunie et que je crois pouvoir supposer que vous voudrez vous faire representer a la reunion des parties contractantes a l'Accord general sur les tarifs douaniers et le commerce par vos representants a la Coiference. Je Joins a la presente une cope de l'ordre du jour provisoire de cette weunion.. Note: Le text place entre crochets dans le premier paragraphe no figurait pas dans la lettre adressee aux gouvernements qui ne sont pas encore parties contractantes. Par contre, entre les deux. premiers alineas, se trouvait un autre alinea dont le texte etait le suivant: "Bien que votre gouvernement n'appllque pas encore l'Accord geeneral sur les tarifs douaniers et le commerce, il serait souheitable que vous nommiez un representant qui agirait en quelite d'observateur et qui participerait a l'examen de certaines questions figurant a l'ordre du jour provisoire." Ces pays sont : le Bresil, la Birmanie, Ceylen, le Chili, la Chine, l'lnde, le Liban, la Norvbge, la Nouvelle-Zelande, le Pakistan, la Rhodesie du Sud, la Syrie, la Tchecoslovaquie et l'union SudAfricaine. 4992 - 5 -PIECE JOINTE N° 2 PREMIERE REUNION DES PARTIES CONTRACTANTES A L'ACCORD GENERAL SUR LES TARIFS DOUANIER ET LE COMMERCE ORDRE DU JOUR PROVISOIRE 1. Adoption du reglement interieur provisoire. 2. Election du president. 3. Adoption de l'ordre du jour provisoire. 4. Dispositions relatives au Secretariat de la reunion des parties contractantes. 5. Signature d'un protocole apportant des corrections typographiques au. texte des Annexes de l'Accord general sur lea tarifs douaniers et le commerce signe a Geneve. 6. Notification des mesures prices par les parties contractantes aux termed du paragraphe de l'Article XVIII. 7. Questions diverses susceptibles d'etre soulevees quant aux engagements souscrits en vertu de l'Accord et relatives a son application. 8. Rapports de l'Accord general avec la Charte de I'Organization inter- nationale du Commerce (Article XXIX). 9. Adhesion a l'Accord general sur lea tarifs douaniers et le commerce dos gouvernements qui ne sont pas parties a l'Accord (Article XXXIII). 10. Fixation de la date de la deuxieme reunion des parties contractances. 11. Autres questions. 4992 - 6 - PIECE JOINTE N° 3 PREMIERE SEESION DES PARTIES CONTRACTANTES A L 'ACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCE Projet- de reglement interieur CHAPITRE I - OORDRE DU JOUR Article 1 Le Socretaire, apres en avoir confere avec le President, etablit l'ordre du jour provisoire pour cahque session et le communique aux parties contractantes au moins trois semaines avant la date d'ouverture. Toute partie contractante a la faculte de proposer des questions a Inscrire a cet ordre du jour provisoire, un mois au moins avant l'ouverture de la session. Article 2 Le premier point de l'ordre du jour de chaque session est l'examen et l'approbation d'un ordre du jour. A-rticle 3 A tout moment l'ordro du jour pout etre modifie ou priorlte etre accordee a certaines questions. CHAPITRE II- POUVOlRS Article 4 Chacune des parties contractantes au sens do l'article XXXII de l'Accord general sur les tarifs douaniers et le commerce est representee par un ropresentant accredite. Articlo 5 Chaque representant peut s'adjoidre les suppleante ot les conseillers qutil Juge necessaires. 4992 - 7 - Article 6 Les pouvoirs des representants seront remis au Secretaire une- semaine au moins avant l'ouverture d'une session. Ils revetiront la forme d'une communication faite par le Ministre des Affaires etrangeres ou en son nom, autorisant lo representant a s'acquitter au nom de la partie contractante des fonctions enumerees a l'article XXV de l'Accord general sur les tarifs douaniers et le commerce. Le President, apres s'e tre concerte avec le Secretaire, signalera tout cas ou un representant a omis de presenter en: temps utile des pouvoire an borme et due former. CHAPITRE III - OBSERVATEURS Article 7 Les representants des pays qui ont signe a Geneve l'Acte final de l'Accord general sur lea tarifs douaniers et le commerce et qui ne sont pas devenus parties contractantes peuvent, sur invitation des. parties contractantes, assister aux seances en qualite d'observateurs. Article 8 Les representants des institutions specialisees peuvent prendre part aux seances sur invitation des parties contractantes et sans beneeficier du droit de vote. CHAPITRS IV - PRESIDENT ET VICE-PRESIDENT Art icle 9 Les representants elisent parmi eux un Presicent et un Vice-President. Le President et le Vice-President demeurent l'un et l'autre on fonction pendant une periode d'un an. Article 10 Si le President est absent au cours d'une seance ou d'une partie d'uno seance, le Vice-President assure la presidence. 4992 - 8 - Article 11 S1 le Presidezit casee d'etre le representant d'une partie contractante ou so trouve dam l'impocsibilite de s'acquitter de see fonctions, le Vice-President devient President. Article 12 Le Vice-President, lorsqu'il fait fonction de President, a las memes droits et les memes devofrs que le Presisent. Article 13 Le President ou le Vice-President agissant en qualite de President, participe normalement aux debats en tent que tel et non comme representant d'une des parties contractantes. Il peut cependant, a tout moment, demander l'autcrisation d'agir dans l'une ou l'autre qualite. CHAPITER V - SECRETARIAT Article 14 le Secretaire agit en cette qualite a toutes lee seancee. Il psut designer un autre Mombre du Secretariat pour agir en ses lieu et place a toute seance. Article 15 Le Secretaire fournit et dirige le personnel necessaire; il est charge de prendre toutes lee dispositions utiles en vue des reunions et, dune faqon generale, accomplit toutes les taches qui peuvent lui etre confiees. Article 16 Le Secretairo ou son adjoint peut, a tout moment, sur l'invitation du President de l'organisme interesse, presenter des exposes oraux ou ecrits sur toute question en cours d'examen. CHAPITRE VI CONDUITS DES DEBATS Article 17 La majorite simple des parties contractantes constitue le quorum. 4992 - 9 -. Article 18 Outre l'exercice des pouvoirs qui, lui sont conferes en vertu d'autres dispositions du present reglement, le President prononce l'ouverture et la cuoture de chaque seance, dirige les debats, donne la parole, met leas questions aux voix, proclame les decisions, prend. une decision sur les mo- tions d'ordre et, sous reserve du present regiement, assure la direction absolue des debats. Le,President peut egalement rappeler un arateur a l'ordre si les observatios de ce dernier ne sont pas pertinentes. Article 19 Au cours de la discussion de toute question, un representant peut soulever une motion d'ordre. Dans ce cas, le President prend immediatement une decision. Si sa decision est contestee, le President la met immediate- ment aux voix. Cette decision reste acquise si la majorite ne se prononce pas contre elle. Article .20 Au cours de la discussion. de toute question, un representant peut demander l'ajournement du debat. Toute motion de ce genre a priorite. Outre son auteur, un orateur pour et deux centre peuent prendre la parole. Article 21 A tout moment, un representant peut demander la cloture de la discussion. Outre l'auteur de la motion, un representant au plus peut etre autorise a parler en faveur de la motion et deux representants au plus peuvent etre autorises a parler centre Ia motion, apres quoi la motion est mise aux voix immediatement. Article 22 Au cours d'un debat, le President peut donner lecture de la liste des orateurs et, avec l'aseentiment des Membres presents, declarer cette liste close. I1 peut cependant accorder le droit de reponse a tout representant lorsqu'un discours pronone apres la cloture de la liate des orateurs le rend opportun. 4992 - 10 -, Article 23 Les parties contractantes peuvent limiter le temps de parole de chaque orateur. Article 24 Les propositions et amendements sont normalement presentes par ecrit et communiques a tous les representants au plus tard. douze heures avant l'ouverture de la seance a laquelle ils doivent stre examines. Article 25 Si deux propositions ou plus, concernant les memes questions, sont en presonce, on voters d'abord sur la proposition ayant la plus gande portee, puis sur la proposition dont la portee vient immediatement apres, et ainsi do suite. Article 26 Lorsqu'Il ost presente un amendment a une proposition, i'amendement ost d'abord mis aux voix et, s'il est adopte, la proposition ainsi amendee cst ansuite mise aux voix. Article 27 Lorsqu'il est presente doux ou plusieuras amendements a une proposition, on votera d'abord sur l'amendement qui s'eloigne le plus, quant au fond, de la proposition primitive, puis, s'il est necessaire, sur l'amendement qui, apres le premier amendement, s'eloigne le plus de la proposition pri- mitive, et ainsi do suite susqu'a. ce quo tous les amendoments alent ete mis aux voix. CHAPITRE VII - VOTE Article 28 Sauf lorsque l'Accord general sur les tarifs douaniers et le commrce en dispose autrement, les deciaions sont prises 'a la majorite des suffrages oxprimes. 4992 Article 29 Chaque partie contractante dispose d'une voix. CHAPIRE VIII - COMMISSIONS Article 30 Il pourra atre institue les Commissions et Sous-Commissions qul seront necessaires. Article 31 Le quorum est constitue par la majorite simple des Membres d'une Commission. Article 32 Les dispositions des articles 17 a 29 s'appliquent aux debats des Commissions. CHAPITRE IX - LANGUSE Article 33 Sous reserve des dispositions de l'article 34, les largues de travail sont l'anglais ot le francais. Article 34 A toute reunion, par decision prise a l'unanimite, il pourra etre adopte une reglo plus simple quo celle institutee par l'article 33, en co qui concerne 1'interpretation. CHAPITRE X - PROCES-VERBAX Article 35 Les proces-verbaux des seances des parties contractantes sont tenus par lo Socratariat. Ils sont envoyes aussitot quo possible tous les representants qui doivent, vingt-quatre heures au plus tard apres la distribution, informer le Secretariat de tout changement qu'ils desireraiont y voir introduire. Article 36 Los Commissions peuvent adopter une forme de cmptes rendus de seance plus simple que celle prevue a l'article 35. CRAPITRE XI - PUBLICITE DES SEANCES Article 37 En regle generale, les seances des parties contractantes ainsi que celles des Commissions sont privees. Il peut etre decide qu'une ou plusiours seances particulieres seront publiques. Article 38 A l'issue d'une seance priveo, le Secretaire peut, avec l'approbation de l'organisme interesse, publier un communique a la presse. 4992 ANNEXURE 4 DRAFT PROTOCOL TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE The Governments of the COMMONWEALTH OF AUSTRALIA, the KINGDOM OF BELGIUM, the UNITED STATS OF BRAZIL, BURMA CANADA, CEYLON, the REPUBLIC OF CHILE, the REPUSLIC OF CHINA, the REPUBLIC OF CUBA, the CZECHOSLOVAK REPUBLIC, the FRENCH REPUBLIC, INDIA, LEBANON, the GRAND-DUCHY OF LUXEMBURG, the KINGDOM OF THE NETHERLANDS, NEW ZEALAND, the KINGDOM OF NORWAY, PAKISTAN, SOUTHERN RHODESIA, SYRIA, the UNION OF SOUTH AFRICA, the UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, and the UNITED STATES OF AMERICA. HAVING on the thirtieth day of October One Thousand Nine Hundred and Forty Seven at Geneva signed the Final Act of the General Agreement on Tariffs and Trade. HAVlNG noted. that certain corrections should be made in Annex B and in the Schedules. annexed to the said Agreement. HEREBY AGREE, through the under- Signed representatives duly authorized to PROJET DE PROTOCOLE RELATIF A L'ACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCE Les Gouvernments du COMMONWEALTH D'AUSTRALIE, du ROYAUME DE BELGIQUE, des ETATS-UNIS DU BRESIL, de Ia BIRMANIE, du CANADA, do CEYLAN, de la REPWBLIQUE DU CHILL, de la. REPUBLIQUE DE CHINNE, de la REPUBLIQE DE CUBA des ETATS UNIS D'AMERIQUE, de la REPUBLIQUE FRANCAISE, de l'INDE, du LIBAN, du GRAND-DUCHE DE LTXEMBOURG, du ROYAUME DE NORVEGE, de la NOUVELE- ZELANDE,du PAKISTAN, du ROYAUME DES, PAYS-BAS, de Ia RHODESIE DU SUD du ROYAUME-UNI DE GRANDE-BRETAGNE ET D'I RLANDE DU NORD, de la SYRIE, de la REPUBLIQUE TGEECOSLOVAQTUE et de L' UNION SUD-AFRICAINE, AYANT signe le trente octobre mil neuf cent querante sept, a Geneve, l'Acte final de l 'Accord general sur les tarifs douaniers et le commerce, AYANT constate que certaines ocrrections doivent etre apportees a I'annexe B ainsi qu'aux listes annexees audit Accord, SONT PAR LES PRESENTES, par l'en- tremise do leurs representants dument that effect, as follows:. autorises a cet effet, convenus de ce qui suit: 1. To amend the note to Annex B on page 1. Modifier la note jointe a l'annexe 68 of the English text in the B, page 77 du texte francais, de la following menner: maniere suivante: now reads: should read: au lieu de lire For imports into For imports into Pour l'importation Pour l'importation Metropolitan Mstropolitan dans la Metropole. dans la Metropole France France and territories et dans lee terri of the Freoh Union toires de l'Union 2. To emend the Schedules in the 2. Modifier les listes de la maniere following manner: suivante (a) The following correcting should a) Dans la liste du Canada (liste V), be made in the Schedule of Canada apporter la correction suivante qui ne (Schedule V), in the English text only: concerne que le texte anglais : Page 19 - Tariff Item Number ex. 156 (V) now reads should read $4.30 $4.50 (b) In the Schedule of Ceylon b) Dans la liste de Ceylan (liste VI), (Scheduls VI), on page 1 of the English a la page 1 du texte anglais et a la text and on the page facing page 1 of page precedant la page 1 du texte of the French text, the introductory francais, supprimer i'introduction. paragraph should be deleted. (c) The following corrections should be c) Apporter a la liste de la Tcheco- made to the Schedule of Czechoslovakia slovaquie (liste X), les corrections (Schedule X) in the French text only: suivantes qui ne concernent que la texte francais : Page 11 - Position du Tarif ex. 1 : au lieu de ....competente du pays importateur (9)....... lire ....compotente du pays exportateur (9)....... Page 11 - Position du Tarif ex. 2 : au lieu de lire ....competente du pays ....competente du pays importateur (9)....... exportateur (9) ....... Page 27 - Position du Tarif ex. 312: au lieu de lire ....caoutchouc d' une ....caoutchouc d'une epaisseur .... largeur.... Page 44 Deuxieme position du Tarif: au lieu de lire illisible 542 Page 53 - Position du Tarif ex. 637 : au lieu de ex. 637 ex b) Page 53 - Position du Tarif ex. 652: au lieu de ex 652 ex 652 a) a) b) . ex b) re ....caoutchouc d'une lire 542 lire ex 637 lire ex. 652 a) ex b) (d) In the Schedule of India (Schedule XII), the fllowring correcticz should be made in the English text only: page 4 -Tariff item Number Ex. 22 (5) (b) now reads ....gallon of the Strength of.... (e) In the Schedule of the Union of South Africa (Schedule XVIII) the follwing corrections should be rade in the English text. Page 12 - Tariff Item Number 108 (e) : naw reads should read ...and barrels .... and barrels therefore, single therefor, single ...each .. .per barrel Page 12 Tariff Item Number 108 (f) now reads should read .... including ....including barrels therefor, barrels therefor, double and other double an other ....each ....Per barrel, a (f) The f ollwing corrections should be made in the Schedule of the United Kingdom (Schedule XIX) in the English text: d) Dans la liste de l'Inde (lise XII), apporter la correction suivante qui ne concerned que le texte anglais : Page 4 - Tariff Item Number Ex. 22 (5) (b) should read ....gallon of the strength of... e) Dans la liste de l'Union Sud- Africaine (liste XVIII), apporter Les corrections suivantes au texte francais: Page 13 - Position du Tarif 108. (e) : au lieu de lire ... and barrels y compris ....y compris leurs canons, a leurs canons, a un coup.,piece un coup...par canon Page 13 Position du Tarif 108 (f) : au lieu de lire ....y compris ....y compris leurs canons, a leurs canon, as thhr deux coups et deux coups et ....per barrel autres.... piecze autres..o. par .1 caonm f) Apporter lsa corrections suivantes au texte franqais de la liste du Bloyaume-Uni (`iate XIX ) : -17- Page 41 - Tariff Item number 6 (a): page 45 Position du Tariff 6 (a) : now reads should read. ....on the area of ...on the area the tissue or 17 of the tissue or 1/2% of the value of 22 1/2% of the the tissue value of the whichever is the, tissue Whichever greater. is the greater. Page 41 - Tariff Item Number 6 (b): now reads should read ...on the area of .....on the area the tissue or 171/2 % of the tissue or of the value of the 221/2% of the tissue whichever is value of the .the greater, tissue whichever the greater. Page 41 - Tariff Item Number 6 (Other Tissues) now reads should read ::::plus 171/2% of plus 221/2% of the value of the the value of the tissue. tissue. Page 53 - Tariff Item Number 3 G.A.V. (Clove) now reads should read Free 10% au lieu de ....de la surface du tissue, ou 17 . 1/2% de la valour du tissu. Page 45 - Position du traigf 6 b) is 3, To authorize the United Nations to effect registration of this Protocol which shall enter into force immediately. DONE at Eavana, in a single copy, in the English and French languages, both texts authetic, this ....day of au lieu de ....ed la surface du tissu ou 17 1/2% de la valeur du tissue. lire ....de la surface du tissu, ou 22 1/2%-de la valeur du tissu. du Tarif 6 b lire ....de la surface du tissu ou 22 I/2% de la valeur du tis su. Page 46 - Position dui Tarif 6 (Autres tissue) au lieu de lire .....plus 17 1/2% .....plus 22 1/2% de la valeur du de la valeur du tissu. tissu. Page 61 - Position du Tarif 3 D.G.A.V. (de clous dec giroiles) au lieu de lire Franchise 10% 3. Autoriser l'Or&anisation des Nations Unies a effectuer I'enregistrement du present.Protocole, qui entrera en vigueur immediatement. FAIT a La Havane, en un seul exemplaire, en langues francaise et anglaise, los - 18 - February One Thousand Nine Hundred and Party Eight. For the Commonwealth of Australia: For the Kingdom of Belgium: Yor the United States of Brazil: For Burma: For Canada : for the Republic of -Chile: For the Republic of Chia: For the Republic of Cuba: For the Czechoslovak Republic: For the French Republic: For Ind Ia: For Lebanon: For the Grand-Ducby of Luxemburg: For the Kingdom of the Netherlands: For New Zealand: For theKindom of Norway : For Pakistan: For Southern Rhodesia: For Syria: For the Union of South Africa: For the United Kingdom of Great Britain and Northern Ireland: For the United States of America: deux textes faisant egalement foi, le ....fevrier mil neuf cent quarante huit. Pour le Commonwealth d'Australie : Pour le Royaume de Belgique: Pour les Etats-Unis du Bresil : Pour la Birmanie : Pour le Canada : Pour Ceylan Pour la Republique du Chili : Pour la Republiqueo de Cuba : Pour la Republlque de Cuba : Pour la Republique tchecoslovaque: Pour la Republique francaise : Pour l'Inde : Pour le Liban: Pour lie Grand-Duche de Luxembourg: Pour le Royaume des Pays-Bas: Pour la Nouvelle-Zelande: Pour ie Royaume de Norvege: Pour le Pakistan : Pour la Rhodesie du sud: Pour la Syrie : Pour l'Union Sud-Africainc: Pour le Royaume-Uni de Grande-Bretagne et d'Irlande du Nord: Pour les Etats-Unis d'Ameriau :
GATT Library
kx531tk2647
Note du Secretariat. Projet de Protocole Relatif a L'accord General
Accord General sur les Tarifs Douaniers et le Commerce, February 27, 1948
General Agreement on Tariffs and Trade (Organization), Première Session des Parties Contractantes, and Contracting Parties - First Session - 28 February-23 March 1948
27/02/1948
official documents
GATT/1/3 and GATT/1/2-8
https://exhibits.stanford.edu/gatt/catalog/kx531tk2647
kx531tk2647_90310277.xml
GATT_146
281
1,663
RESTRICTED GATT/1/3 27 fevrier 1948 FRENCH ORIGINAL: ENGLISH ACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCE PREMIERE SESSION DES PARTIES CONTRACTANTES NOTE DU SECRETARIAT PROJET DE PROTOCOLE RELATIF A L'ACCORD GENERAL En se referant au projet de protocol relatif a l'Accord general sur les tarifs douaniers et le commerce, qui avait trait a des erreurs typographiques, et qui a ete publie sous forme d'Annexe au document GATT/1/1 en date du 18 fevrier, les delegations de la Belgique, des Pays-Bas et du Luxembourg presentent ci-dessous une liste de corrections qu'elles jugent necessaires pour rendre les listes de concessions tarifaires conformes aux accords qui ont ete conclus a la suite des negociations de Geneve. Corrections a la liste II A. Texte francais Page 11 page 64 page 124 B. Texte anglais page 21 Page 74A page 79 page 80 au lieu de No 100 au lieu de No 800 ex c ajouter : au lieu de: No 319 ex b No 477, ligne 2 : n.s.m. line 3 : white not ligne 7 : ...rocks No 640, ligne 8: of 30 p.c. ligne 14: 30 p.c. No 714, III ligne 7 : parts tehreof lire : ex 100 lire : ex e Deuxieme parite Tarif preferentiel Neant. lire: 319 b n.s.m. : white, not racks of 20 p.c. 20 p. c. parts thereof GATT/1/3 French page 2 au lieu de : lire page 83 No 757, ligne 12 : supprimer ";" apres machines page 85 No ex 803, line 1: ajouter "," apres sets page 86 No ex 831, ligne 1: to be No ex 834, ligne 2: coupes coupes page 93 Ajouter au bas de la page "End of part I".
GATT Library
cr545gx3867
Note du Secretariat. Projet de Protocole Relatif aux Erreurs Typographiques
Accord General sur les Tarifs Douaniers et le Commerce, March 1, 1948
General Agreement on Tariffs and Trade (Organization), Première Session des Parties Contractantes, and Contracting Parties - First Session - 28 February-23 March 1948
01/03/1948
official documents
GATT/1/6 and GATT/1/2-8
https://exhibits.stanford.edu/gatt/catalog/cr545gx3867
cr545gx3867_90310280.xml
GATT_146
1,964
11,719
RESTRICTED GATT/1/6 ler mars 1948 FRENCH ORIGINAL : ENGLISH ACCORD GENERAL SUR LES TARIFS DOUANTERS ET LE COMMERCE PREMIERE SESSION DES PARTIES CONTRACTANTES NOTE DU SECRETARIAT PROJET DE PROTOCOLE RELATIF AUX ERREURS TYPOGRAPHIQUES On trouvera dans le present document un texte remanie, propose par la delegation des Etats-Unis, du projet de protocole joint au document GATT/1/1 du 18 fevrier 1948. On remarquera que la delegation des Etats-Unis propose que le protocole ne porte que sur les modifications a apporter aux textes authentiques. On trouvera egalement en annexe la liste des corrections a apporter a la liste XX, proposee par la delegation des Etats-Unis. French:... Page 2 PROJET DE PROTOCOLE RELATIF A L 'ACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCE Les GOUVERNEMENTS du Commonwealth d'Australie, du Royaume de Belgique, des Etats-Unis du Bresil, de la Birmanie, du Canada, de Ceylan, de la Republique du Chili, de la Republique de Chine, de la Republique de Cuba, des Etats-Unis d'Amerique, de la Republique francaise, de l'Inde, du Liban, du Grand-Duche de Luxembourg, du Royaume de Norvege, de la Nouvelle-ZeUlndde, du Pakistan, du Royaume des Pays-Bas, de la Rhoedsie du Sud, du Royaume-Uni de Grande-Bretange et d'Iralnde du Nord, de la Syrie, de la e6pblique Tchecoslovaque et de I'Union Sud-Africaine, AYANT signe, le trente octobre mil neuf cent quarante sept, a Geneve, l'Acte final adopte a l'issue de la deuxieme session de la Commission preparatoire de la Conference des Nations Unies sur le commerce et I'emploi, homologuant de ce fait le texte de l'Accord general sur les tarifs douaniers et le commerce; AYANT constate que certaines rectifications doivent etre apportees aux textes authentiques des listes annexees audit Accord; SONT PAR LES PRESENTES CONVENUS de ce qui suit: LISTE XX - ETATS-UNTS D'AMERIQUE PREMIERE PARTIES - Tarif de la nation la plus favorisee Position 50 /deuxieme7 Le numero de la position qui suit la premiere position 50 doit se lire "50". Position 211 Le premier diametre specifie dans la designation des marchandises de la position 211 doit se lire "6-5/8 inches". Position 212 [premiere] Dans la designation generale de la premiere position 212 les mote "clock cases, withoor without" doivent se lire " clock cases with or without". GATT/1/0 French Page 3 Position 212 [deuxieme] A la deuxieme position 212, dens la designation des soucoupes, les mots entre l'evaluation de "$3" et le premier point virgule qui suit, doivent se lire "per dozen". Position 213 A la Position 213, le taux pour la subdivision "Crystaline flake" doit se lire "15% ad val., but not less than 0.4125 ¢ per lb. nor more than 0.825 ¢ per lb." . Position 218 (c) Le numero de la position qui suit la troisieme position 218 (b) doit se lire "218 (c)". Position 218 (f) A la position 218 (f), le taux pour la subdivision "Other" doit se lire "50 ¢ on each article or utensil, but not less than 30% nor more than 50% ad val." Position 224 A la position 224, dans la description des marchandises, le mot qui suit le mot "beveled" doit se lire "etched"., Position 226 Dans Ia designation generale de la position 226 le mot qui se trouve entre les mots "polished" et "or" doit se lire "plano". Position 317. Le taux pour la position 317 doit se lire "1/4¢ per lb.". position 355 A la position 355, le taux pour la subdivision "If four inches in length or over, exclusive of handle (except hay forks and 4- tined manure forks)" la premiere fois que cette subdivision est mentionnee, doit se lire "4¢ each and 25% ad val. ". French Page 4 Position 358 [premiere] Le taux pour la premiere position 358 doit se lire "12 1/2% ad val., but not less than 2 l/2¢ each and 7 1/2% ad Val.". Position 365 [sixieme] Le taux pour la sixieme position 365 doit se lire "$ 3 each and 15% ad val.". Position 365 [septieme] Le numero de la position qui suit la sixieme position 365 doit se lire "365". Position 372 [dousieme] A ls douzieme position 372, dans la designation des Marchandises, le premier mot doit se lire Braiding". Position 372 [vingtieme] A la vingtieme position 372, dans la subdivision dont le taux est "15% ad val. ", les cinq mots et la ponctuation precedont le troiseme point-virgule doivent se lire "tension, compression, torsion, or shear". Position 502 [deuxieme] Le taux pour la deuxieme position 502 doit se lire "0.03¢ per lb. of total sugars". Position 719 (1), (2), (3), (4), et (5) . Le deuxieme taux commencaant par "1/21 per lb." a la position 719 (1), (2), (3), (4) et (5) doit se lire "1/2¢ per lb. net wt.". Position 720 (a) (1), (2), (3), (4), (5), et (6) A la position 720 (a) (1), (2), (3), (4), (5) et (6), la subdivision dont le taux est de "l-1/4¢ per lb.", doit\ sssStredorsaaxmis "Eviscerated, split, skinned, boned. (if smo)ked, or divided into portions". NL.T. L'addiotia ci-dessus des mots "ismokedf a se traduiia par l'addition au texte fncraais (page 94 du volume d4 e l'A.G.T.D.C) des msot entre parenethses "(si le posison est feum)" aeprs les mots "en filets, sans peau, ni esetess" GATT/1/0 French Page 5 Position 745 A la position 745, le taux pour la subdivision "Prepared or preserved, and not specially provided. for" doit etre de "20% ad val.". Position 764 A la position 764, le-taux pour les produits "Carrot", "Parsnip", "Tree and shrub" et "Flower" doit, pour chacun, se lire "3¢ per lb.". Position 771 [deuxieme] Dans la deuxieme clause conditionnelle de la deuxieme position 771, le poids du boisseau doit se lire "60 pounds". Position 775 [deuxieme] Le numero de la position qui suit la premiere position 775 doit se lire "775". Position 806 (b) A la position 806 (b) la subdivision dont le taux est de."20¢ per gal, on the quantity of unconcentrated, natural fruit Juice contained therein as shown by chemical analysis" doit etre desormais "Lime juice". Position 902 [deuxieme] Le numero de la position qui suit. la premibre position. 902 doit se lire "902". Position 905 A la position 905, le deuxieme paragraphe mentionne dans la designation des marchandises doit se lire "904". Position 909 [troisieme] A la troisieme position 909, le taux pour la subdivision "Terry-woven" doit se lire "22-1/2¢ per lb., but not less than 20% nor more than 35% ad val." . Position 913 (a) A la position 913 (a), le taux pour la subdivision "Wholly or in chief value of cotton or other vegetable fiber and india rubber, and valued at 40 cents or more per pound" doit se lire "20% ad val." . GATT/1/6 French Page 6 Position 919 [douxieme] Le taux pour la douxieme position 919 doit se lire "15¢ per doz. pieces and 5% ad val.". Position 1011 Dans la designation des marchandises a la position 1011, le mot qui suit la deuxieme virgule doit se lire 'wholly". Position 1102 (b) [premiere] Dans la note qui suit la premiere position 1102 (b), la derniere position mentionnee doit se lire "1119". Position 1107 A la position 1107, le taux pour la subdivision "Wholly or in chief value of Angora rabbit hair" doit se lire "40¢ per lb. and 15% ad val.". Position 1109 (a) Le numero de la position qui suit immediatement la position 1108 doit se lire "1109 (a)". Position 1110 Le taux pour la position 1110 doit se lire "33¢ per lb. and 25% ad val.". Position 1114 (a) A la position 1114 (a), le taux pour la premiere subdivision doit.se lire "25¢ per lb. and 20% ad val.". Position 1115 (b) Le numero de la position qui suit immediatement la position 1115 (a) doit se lire "1115 (b)". Position1305 Le taux pour la position 1305 doit se lire "25% ad val., but not less than 27-1/2¢ per lb.". Position 1409 [deuxieme] L'apaisseur minimum mentionnee a la deuxieme position 1409 doit se lire "0.008 inch". GATT/1/6 French Page 7 Position 1413 [septieme] Le taux pour la septieme position 1413 doit se lire "27-1/2% ad val.". Position 1502 [premiere] A la premiere position 1502, dans la subdivision dont le taux est "10% ad val.", les deux mots et la ponctuation qui precedent les mots "hockey sticks" doivent se lire "rubber, field". Position 1503 [troisieme] Dans la clause conditionnelle de la troisieme position 1503, les mots., les chiffres et la ponctuation qui suivent la date "January 1, 1945," doivent etre desormais "shall be reduced by 50 per cent of such rate, except that, in the case of articles provided for in any item 1513 in Schedule III of the Trade agreement between the United States and Mexico of December 23, 1942, the rate applicable on January 29, 1943 shall be so reduced by 50 per centum.". N. d.Tr. L'addition ci-dessus se traduira pour le texte francais (page 170 du volume 4 de l'A.G.T.D.C.) par l'addition, apres les mots "sera reduit de 50%", des mots "dans le cas des articles viwes a toutes les positions 1513 de la liste III annexee a l'Accord commercial du 23 decembre 1942 entre les Stats-Unis d 'Amerique et le Mexique, le droit applicable au 29 Janvier 1943 sera egalement reduit de 50%. Position 1527 (c) (1) et (2) A la position 1527 (c) (1) et (2) farmer la parenthese a la fin de la subdivision dont le taux est "65% ad val.'. Position 1528 [deuxieme] A la deuxieme position 1528, la subdivision dont le taux eat "10% ad val." doit se lire "Diamonds". Position 1528 [troisieme] Le taux pour la troisieme position, 1528 doit so lire "10% ad val.". GATT/1/6 French Page 8 Position 1529 (a) [premiere] Les subdivisions en retrait apres la subdivision "Made full gage on a machine of 12 point or finer: ", et les taux correspondants doivent etre desormais: "Wholly or in chief value of cotton and made with independent beams ..... 40% ad val. "Wholly or in chief value of silk .... 40% ad val. "Other ...................................... 45% ad val." Position 1530 (b) (1), (2), (3), (4), (5), (6), at (?) Le numero de la position qui suit la position 1530 (a) doit etre "1530 (b) (1), (2), (3), (4), (5), (6), and (7). Position 1537 (b) [premiere] A la premiere position 1537 (b), dans la designation generale, les mots entre le not "them" et le not "material" doivent etre "is the component" Position 1545 A la position 1545, la subdivision dont le taux est "4% ad val." doit se lire "Hardhead or reef". Position 1547 (b) (a) Le numero de la position qui suit la position 1547 (a) (1) et (3) doit etre "1547 (b)". N. d. Tr. L'addition ci-dessus des mots "and made with independent beams" et la distinction faite entre lea deux categories de dentelles, de coton et de lairs.. se traduit pour le texe francais (page 186 du volume 4 de l'A.G.T.D.C.) par la substitution au deuxieme alinea en . retrait commencant par les mots "entierement en coton", des alineas suivants: "entierement en coton ou dont le coton constitue l'element de principal valeur et faites avec lee rouleaux (beams) independant ..................... 40% ad val. "entierement en soie ou dont la soie constitue l'element de principale valeur ......................... 40% ad val. "autres......................................................... 45% ad val." GATT/1/6 French Page 9 (b) Le taux pour la position 1547 (b) doit so lire "10% ad val.". Position 1604 Le mmero de la position qui suit la position 1602 doit se lire "1604". Position I609 Le mot "unprepared" & la position 1609 doit etre suivi d'un point- virgule. Position 1786 A la position 1786, les mots qui precedent la premiere virgule dans la designation des marchandises doivent se lire "Tin in bars". Position 1803 (2) Le numero de la position qui suit la position 1803 (1) dolt se lire "1803 (2) ".
GATT Library
dr256ft9145
Note from the Central Drafting Committee. Definition of "Primary Commodity"
United Nations Conference on Trade and Employment, February 20, 1948
20/02/1948
official documents
E/CONF.2/40 and E/CONF.2/14-15/REV.1
https://exhibits.stanford.edu/gatt/catalog/dr256ft9145
dr256ft9145_90040096.xml
GATT_146
261
1,765
United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE E/CONF. 2/40 ON DU 20 February 1948 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH NOTE FROM THE CENTRAL DRAFTING COMMITTEE DEFINITION OF "PRIMARY COMMODITY" The Central Drafting Committee has been informed by the appropriate Sub-Committees that the term "primary commodity" has been used in Articles 33 (paragraph 7) and in Sections C and D of Chapter IV (Subsidies and State Trading) in the sense of the definition of a primary commodity contained in paragraph 1 of Article 53. In order to make this clear, the Central Drafting Committee suggests that the following changes be made in paragraphs 1 and 2 of Article 53: "1. For the purposes of this [chapter] Charter, the term "primary commodity" means......." etc. "2. The term shall also, for the purposes of this Chapter, cover a group of commodities....." etc. If it is decided to adopt the above solution, Committees should be instructed not to use the words "primary commodity" unless the meaning is in conformity with the definition contained in Article 53, paragraph l. If, however, they wish to give this term a different connotation, another term, such as "raw materials", should be used. If any delegation has an objection to this suggestion it will be appreciated if they will communicate this to the Executive Secretary by Friday, 27 February. A meeting of the Conference will then be arranged to discuss the objection or objections. If no objections are received by the date Indicated the suggestion will be regarded as adopted and will be put into effect.
GATT Library
xr689ww6493
Note from the Chairman to the contracting parties concerning a communication from the government of Southern Rehodesia
General Agreement on Tariffs and Trade, June 17, 1948
General Agreement on Tariffs and Trade (Organization)
17/06/1948
official documents
GATT/1/63 and GATT/1/59+Add.1,2 60-63
https://exhibits.stanford.edu/gatt/catalog/xr689ww6493
xr689ww6493_90310347.xml
GATT_146
139
948
RESTRICTED GATT/1/63 17 June 1948 ORIGINAL: ENGLISH GENERAL AGREEMENT ON TARIFFS AND TRADE NOTE FROM THE CHAIRMAN TO THE CONTRACTING PARTIES CONCEING A COMMUNICATION FROM THE GOVERNMENT OF SOUTHERN REODESIA The following communication has been received from the Government of Southern Rhodesia for transmission to all signatories of the General Agreement on Tariffs and Trade: Following the decision taken at Geneva during the tariff negotiations in connection with the second session of the Preparatory Committee of the United Nations Conference on Trade and Employment, whereby It was agreed that each participating country would. inform each other participating country as to whom the individual concessions had been granted, I have the honour to inform you that the tariff concessions shawn on "Schedule XVI - Southern Rhodesia" of the General Agreamant were all granted to the United States of America. -----
GATT Library
md791vw0659
Note from the Executive of the ITO interim commission with regard to the suggestion by the Chairman concerning the expenses of the Second Session of the contracting parties
General Agreement on Tariffs and Trade, July 15, 1948
General Agreement on Tariffs and Trade (Organization)
15/07/1948
official documents
GATT/1/59/Add.2 and GATT/1/59+Add.1,2 60-63
https://exhibits.stanford.edu/gatt/catalog/md791vw0659
md791vw0659_90310343.xml
GATT_146
102
692
RESTRICTED GATT/1/59/Add.2 15 July 1948 ORIGINAL: ENGLISH GENERAL AGREEMENT ON TARIFFS AND TRADE NOTE FROM THE EXECUTIVE OF THE ITO INTERIM COMMISSION WITH REGARD TO THE SUGFESTION BY THE CHAIRMAN CONCERNING THE EXPENSES OF THE SECOND SESSION OF THE CONTRACTING PARTIES With reference to the Chairman's suggestion concerning the expenses of the second session of the Contracting Parties (document GATT/1/59/Add.1), delegations are informed that the costs of this meeting are estimated as likely to exceed $10,000. Assuming that this amount would be shared equally, the share of each Contracting Party of the common costs should not exceed $500 as a maximum. -----
GATT Library
bg130yg5442
Note from the Executive Secretary regarding public information
Interim Commission for the International Trade Organization, April 21, 1948
Interim Commission for the International Trade Organization (ICITO/GATT)
21/04/1948
official documents
ICITO/INF/2, ICITO/INF/1-8, and ICITO/1/1-16
https://exhibits.stanford.edu/gatt/catalog/bg130yg5442
bg130yg5442_90180003.xml
GATT_146
393
2,589
UNRESTRICTED INTERIM COMMISSION COMMISSION INTERIMAIRE DE ICITO/INF/2 FOR THE INTERNATIONAL L'ORGANISATION INTERNATIONALE 21 April 1948 TRADE ORGANIZATION DU COMMERCE ORIGINAL: ENGLISH NOTE FROM THE EXECUTIVE SECRETARY REGARDING PUBLIC INFORMATION During the discussions at Havana on the work to be performed by the Secretariat of the Interim Commission, authority was given to undertake a limited amount of information work on behalf of the Commission. The purpose of this note is to let you know the lines on which it is proposed to deal with this matter and to enlist the views of signatories. It is suggested that such information work should be strictly limited to a simple, straightforward, non-interpretative exposition of the Havana Charter, of the events which led up to the Havana Conference, and of the tasks of the Interim Commission. With this purpose in view, negotiations are in hand for certain publications, to be undertaken through existing United Nations Information Service such as the following (i) a booklet in popular terms on the events preceding the Havana Conference, the general purpose of ITO and the significance of the Charter, (ii) a straightforward summary of the Charter, (iii) a statement on the composition and tasks of the Interim Commission, (iv) questions and answers about the Havana Charter and the ITO. It is believed that the above publications, to which others could be added as demand arises, would meet the enquiries which we are receiving, and should cover our initial information needs. It is hoped they will also be of value to members of the Interim Commission in informing public opinion about the Havana Charter and the ITO. All such publications would be printed attractively in English, French and Spanish. At the same time arrangements have been concluded for the Secretariat to provide a regular Survey of World Opinion, similar to the summary which was distributed from time to time at Havana, Survey to be continued. Specimen publications will be sent to all members of the Interim Commission. In return the Secretariat would be grateful for information material relating to the Charter published by the governments members of the Commission. It may be added that numerous requests for factual information about the Havana Charter and the general purpose of the ITO are already reaching the Secretariat, as well as specific requirements, such as material for radio broadcasts, articles, year books and other reference publications.
GATT Library
qn158bv2456
Note from the Executive Secretary regarding signing the final Act of the Havana Conference by Turkey
Interim Commission for the International Trade Organization, August 10, 1948
Interim Commission for the International Trade Organization (ICITO/GATT)
10/08/1948
official documents
ICITO/INF/5, ICITO/INF/1-8, and ICITO/1/1-16
https://exhibits.stanford.edu/gatt/catalog/qn158bv2456
qn158bv2456_90180006.xml
GATT_146
118
827
INTERIM COMMISSION FOR THE INTERNATIONAL TRADE ORGANIZATION COMMISSION INTERIMAIRE DE UNRESTRICTED L'ORGANISATION INTERNATIONALE ICITO/INF/5 DU COMMERCE 10 August, 1948. ORIGINAL: ENGLISH NOTE FROM THE EXECUTIVE SECRETARY REGARDING SIGNING THE FINAL ACT OF THE HAVANA CONFERENCE BY TURKEY Turkey was unable to sign the Final. Act at the close of the Havana Conference as the Turkish Delegate authorized to sign was not in Havana on the date of signature. Consequently the Turkish Delegation requested permission to sign the Final Act at a later date Accordingly on Monday, 26 July 1948, His Excellency, Ambassador Selim Sarper, Permanent Representative of Turkey at the United Nations, signed in New York the Final Act of the United Nations Conference on Trade and Employment.
GATT Library
gv414bw3198
Note from the Executive Secretary regarding the Financing of Secretariat Services for the Contracting Parties for the General Agreement on Tariffs and Trade
Interim Commission for the International Trade Organization, September 13, 1948
Interim Commission for the International Trade Organization (ICITO/GATT) and Executive Committee
13/09/1948
official documents
ICITO/EC.2/16 and ICITO/EC.2/15-ICITO/EC.2/21
https://exhibits.stanford.edu/gatt/catalog/gv414bw3198
gv414bw3198_90060212.xml
GATT_146
176
1,247
RESTRICTED LIMITED A INTERIM COMMISSION COMMISSIO INTERIMAIRE DE ICITO/EC . 2/16 FOR THE INTERNATIONAL L'ORGANISATION INTERNATIONALE 13 Septemer 1948 TRADE. ORGANIZATION DU COMMERCE ORIGINAL: ENGLISH Executive Committee Second Session Note from the Executive Secretary regarding the Financing of Secretariat Services for the Contracting Parties for the General Agreement on Tariffs and Trade. There is circulated herewith a letter from the Chairman of the Contracting Parties to the General Agreement on Tariffs and Trade to the Executive Secretary of September 13th regarding the financing of Secretariat services. "I am sending you herewith a copy of the Resolutinn adopted by the Contracting Parties at their Second Session regarding the financing of secretariat services. I should be grateful if you could bring this to the attention of the Executive Committee of the Interim Commission with a view to ascertaining whether the Interim Commission would be agreeable to furnishing secretariat services to the Contracting Parties on the terms of the Annex to this Resolution." NOTE: The Resolution and Annex referred to above have been circulated under the symbol GATT/C.P. 12/41.
GATT Library
yg000dh4182
Note from the Executive Secretary to heads of Delegations and Chairmen of Committees and Sub-Committees : Progress of work of the Conference
United Nations Conference on Trade and Employment, January 26, 1948
26/01/1948
official documents
E/CONF.2/30 and E/CONF.2/14-15/REV.1
https://exhibits.stanford.edu/gatt/catalog/yg000dh4182
yg000dh4182_90040085.xml
GATT_146
154
1,079
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies CONFERENCE UNRESTRICTED DU E/CONF.2/30 COMMERCE ET DE L'EMPLOI 26 January 1948 ORIGINAL: ENGLISH NOTE FROM THE EXECUTIVE SECRETARY TO HEADS OF DELEGATIONS AND CHAIRMEN OF COMMITIEES AND Progress of Work of the Conference At the ninth meeting of the General Committee, held on Friday, 23 January 1948, consideration was given to the progress of work of the Conference. It was decided that Sub-Committee should make every endeavour to terminate their work by 31 January, so that consideration of Sub-Committee reports might be initiated by main Committees very early next week. Heads of Delegations are, therefore, urged to instruot their representatives on the various Sub-Committees to make their maximum effort towards the accomplishment of this aim. It is expected that Chairmen of Sub-Committees will plan their meetings with a view to terminating their work by the deadline which has been established by the General Committee. SUB-COMMITTEES
GATT Library
mp874ky3638
Note from the Executive Secretary. Translation of important Conference documents into Spanish
United Nations Conference on Trade and Employment, January 19, 1948
19/01/1948
official documents
E/CONF.2/28 and E/CONF.2/14-15/REV.1
https://exhibits.stanford.edu/gatt/catalog/mp874ky3638
mp874ky3638_90040083.xml
GATT_146
212
1,427
United Nations Nations Unies E/CONF.2/28 19 January 1948 ON DU ORIGINAL: ENGLISH TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI NOTE FROM THE EXECUTIVE SECRETARY TRANSLATION OF IMPORTANT CONFERENCE DOCUMENTS INTO SPANISH As a consequence of a recommendation made at its meeting on 14 January by the Ad Hoc Committee which was established to consider the proposal of the delegation of El Salvador to amend Rule 38 of the Rules of Procedure, the Secretariat has taken the following action: 1. A small Spanish translating unit has been set up in Havana for the purpose of translating sub-committee and committee reports as they are issued; 2. Arrangements have been made for the annotated agendas of the six main committees to be translated by the Spanish Section of the United Nations at Lake Success. In order to make these translations available in time for practical, use, the Secretariat requested all Latin American delegations on 15 January to supply it with ten copies in Spanish of all the amendments submitted by each delegation which have been incorporated in these annotated, agendas. There have been very few responses to this request and it must be stressed that unless the texts are in fact made available as requested, the translation of the annotated agendas will be considerably delayed.
GATT Library
rz229ws8901
Note on the status of the Agreement and protocols
General Agreement on Tariffs and Trade, August 24, 1948
General Agreement on Tariffs and Trade (Organization) and Contracting Parties
24/08/1948
official documents
GATT/CP.2/4/Corr. 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/rz229ws8901
rz229ws8901_90320009.xml
GATT_146
183
1,199
RESTRICTED LIMITED B GATT/CP.2/4/Corr. 1 24 August 1948 ORIGINAL: ENGLISH GENERAL AGREEMENT ON TARIFFS AND TRADE Contracting Parties Second Session NOTE ON THE STATUS OF THE AGREEMENT ANTD PROTOCOLS Paragraph 3 should be amended to read as follows: "The Netherlands, Belgium and the United Kingdom have notified their intention to apply the Agreement provisionally in respect of overseas territories - the Netherlands in respect of al.1 overseas territories as from 11th March, Belgium in respect of the Belgian Congo as from 1st January, and the United Kingdom in respect of Newfoundland from 1st January, Palestine from 19th April and all other overseas territories except Jamaica, from 28th June, 1948. As regards Palestine, the Government of the United Kingdom has, of course, ceased to be responsible for the Government of this territory since the termination on 15th May, 1948, of the mandate granted by the League of Nations. As regards the United Kingdom's other overseas territories referred to above, it should be noted that the Protocol of Provisional Application has been applied provisionally from the 28th June, 1948, i.e. from the date of notification."
GATT Library
bx155bx0205
Note on the status of the Agreement and protocols Article XVIII
General Agreement on Tariffs and Trade, August 14, 1948
General Agreement on Tariffs and Trade (Organization) and Contracting Parties
14/08/1948
official documents
GATT/CP.2/4/Add.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/bx155bx0205
bx155bx0205_90320011.xml
GATT_146
797
5,265
RESTRICTED LIMITED B. GATT/CP.2/4/Add.2 14 August 1948 ORIGINAL: ENGLISH GENERAL AGREEMENT ON TARIFFS AND TRADE Contracting Parties Second Session Item 7 of the provisional agenda NOTE ON THE STATUS OF THE AGREEMENT AND PROTOCOLS ARTICLE XVIII Pursuant to paragraph 6 of Article XVIII, several governments represented at the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment submitted prior to 10 October 1947 details of certain non-discriminatory measures which had been in force on 1 September 1947 and which had been imposed for the establishment, development or reconstruction of particular industries or particular branches of agriculture. The following is a list of products affected by the measures thus notified: Chile (E/PC/T/250,Add.1 and 256/Add.l and 2) (i) Calcium caride; Cans of aluminuam, saucepans and water bottles; Tailor's chalk' Butter Stockings of cotton, natural silk, rayon or nylon, and socks of cotton, silk and wool; Bovine cattle for slaughtering; Sacks for agricultural uses. (ii) Silver alloyed with other metals; Milling-cutters, boring tools, screw-taps, and screw dies of all types and specifications; Calcium carbide; Toilet articles; Paper clips; Cork in sheets of a thickness not exceeding 4 mm., and ordinary stoppers of cork; Endless belts, of linen, for cigar machines; Window glass, flat, common, of a thickness not exceeding 6 mm. and a breadth not exceeding 1 55 metres; Retort carbon; Galalith, in sheets and bars; Wicks for candles; Wools up up to 54 s.; Potassium Carbonate; Potassium metabisulphite; Dry batteries, except those for telephone and bells and small Tubular batteries; Glass bricks or blocks for building; Umbrellas except automatic or spring umbrellas and en-tout-cas; GATT/CP.2/4/Add. 2 page 2 Chile (continued) Fancy paper, glossy and for binding; Threads, fibres and yarns of flax in all sizes up to No. 30: Silica bricks, and foundry vessels of clay; Footballs and basket balls; Smoothing irons, coal-heated. (iii) Wines, spirits, tobacco, cigars and cigarettes. Cuba (E/PC/T/2LI9) (i) Trimmings, galloons, ribbons, plaits, tassels, fringes, cords of all kinds and other similar manufactures of jute, linen, ramie, rayon, spun rayon, nylon and other fibres and their combinations, including mixtures of cotton and rayon, included under Tariff Items 142A and B; (ii) Trimmings, ribbons, plaits, galloons, cords of all kinds and other articles included under Tariff Item 127B; (iii) Quebracho; (iv) Sisal (henequen) fibres. India (E/PC/T/242) (i) Grinding wheels and Segments. Lebanon (E/PC/T/251 and 256/Add.3) (i) 122 Sugar 417 to 435K 663 to 681 ex 966 and ox 967 (ii) 25 26 75 to 82 132 133 to 136 137 to 144 152 to 161 178 192K 319§{ ex 308 320 Paper and cardboard and wares of paper and cardboard; Glass and glassware; Articles of plastic Materials. Butter; Cheese Milling products: malt, starch and fecula; Chocolate and articles made of chocolate; Preparations with basis of flour or secular; Preparations of vegetables or fruits; Beverages, alcoholic liquids and vinegars; Salt Cement Perfumery articles Paints for buildings Soap K Certain products in these categories are included in Schedule 17 to the General Agreement on Tariffs and Trade. The provisions of paragraph 6 do not apply to such products, in accordance with paragraph 7 of Article XVIII. GATT/CP.2/4/Add . 2 page 3 Lebanon-Syria (continued) 325" 329 340 351 358 to 365: ex 379 393 ex 398-a 4O1 to 405 443 to 446 447 to 461 469 to 492 507 522 to 527 to 566 580 to 600 to 639 583 to 600 ex 755 768 to 769 860 975 and 976 969 and 970 (iii) 68 to 74 55 to 62 " 518 Candles and tapers; Glues of animal origin; Matches-, Tanneod leather; Manufactures of leather; Rubber solos; Plywood; Doors and windows; Articles made of wood; Natural s thread; Fabrics of nat ural si silk, pure or mixed; Fabrics of artificial silk, of art ificial silk waste and of textile fibres, pure or mixed; Woolen fabrics; Cotton thread Cotton fabrics, pure or mixed; Cabling, cordage and twine of hemp; Hosiery; Footwear; Manufactures of cement and concrete Metal bedsteads; Copper articles; Electric batteries; Games and toys for children; Brushes. Cereals; Edible fruit; Cotton, (iv) ex 855--b 855-- e ex 855-g ex 855-g ex 855-g Machines for the manufacture of beer; Machinery and apparatus for the manufacture of matches; Machinery and apparatus for the preparation of oxygen; Machinery and apparatus for the preparation of acetylene; Machinery and apparatus for the preparation of alcohol. Norway (E/PC/T/246 and 256/Add1) (i) Lard ; Shortening butter; Evaporated milk ; Dried milk Salted mutton; Sawn timber and plane boards of softwood; Plywood; Feeding stuffs; Products of whale; Certain seeds; Mixed fertilizer Oysters. X Certain products in these categories are included in Schedule 17 to the General Agreement on Tariffs and Trade The provisions of paragraph g do not apply to such products, in accordance with paragraph 7 of Article XVIII.
GATT Library
qm389nd6623
Note on the status of the Agreement and protocols Article XVIII
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.2/4/Add.2/Corr.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/qm389nd6623
qm389nd6623_90320012.xml
GATT_146
92
640
RESTRICTED LIMITED B GATT/CP.2/4/Add .2/Corr.1 20 August 1948 ORIGINAL: ENGLISH GENERAL AGREEMENT ON TARIFFS AND TRADE Contracting Parties Second Session Item 7 of the provisional agenda NOTE ON THE STATUS OF THE AGREEMENT AND PROTOCOLS ARTICLE XVIII The representative of Norway has drawn attention to two errors in the list of non-discriminatory measures in force in. Norway which appears on page 3 of Document GATT/CP.2/4/Add.2, namely: (1) "Shortening butter" should read "Shortening (artificial lard) Butter" (2) "Sawn timber and plane boards of softwood" should read "Sawn timber and planed boards of softwood".
GATT Library
dz042yn1800
Note on the status of the Agreement and protocols : Protocol cf Provisional Applicntion - Rosorvation of Ceylon
General Agreement on Tariffs and Trade, August 11, 1948
General Agreement on Tariffs and Trade (Organization) and Contracting Parties
11/08/1948
official documents
GATT/CP.2/4/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/dz042yn1800
dz042yn1800_90320010.xml
GATT_146
317
2,217
RESTRICTED LIMITED B GATT/CP. 2/4/Add.1 11 August 1948 Original: ENGLISH GENERAL AGREEMENT ON TARIFFS AND TRADE Contracting Parties Second . Session Item 7 of the provisional agenda NOTE ON THE STATUS OF THE AGREEMENT AND PROTOCOLS Protocol cf Provisional Applicntion - Rosorvation :.f Ceylon The reservation of the Government of Ceylon to its signaures of the Protocol of Provisional Application is recorded in the Annex to GATT/CP.2/4. The following cable .essa-e has now been received frois the Ceylon Governmient: "1. THE FOLLOWING ARE ITEMS ON WHICH DUTIES NEGOTIATED AT GEENEVA AS A PEARING IN SCHEDULE VI ARE NOW APPLICABLE: BEANS (PREFERENTIAL RATE ONLY); BUTTER FROZEN OR TINNED; PHOTOGRAPHIC INSTRUMENTS AND "APPARATUS (I CLUDING PAPER, PLATES AND FILMS, EXCEPT CINEMA FILMS) (PREFERENTIAL RATE ONLY); CRANES, HOISTS AND LIFTING MACHINERY AND COMPONENT PARTS THEREOF (PREFERENTIAL RATE ONLY); ELECTRIC MACHINERY AND TRANSFORMERS, CONVERTORS AND MOTORS (OREFERENT CAL RATE ONLY), ASPILALT (GENERAL RATE ONLY); WALLBOARD OF WOOD FIBRE (GENERAL RATE ONLY); 2. FOLLOWING ITEMS REMAIN FREE: BRAN AND POLLARD; MILK FOODS (INCLUDING MALTED MILK); MILK, FRESH OR REFRIGERATED, PRESERVED, CONDENSED OR STERILIZED, SWEETENED OR UNSWETENED (INCLUDING MILKS POWDER); RAW WOOL; SEEDS FOR AGRICULTURAL AND HORTICULTURAL PURPOSES; SHEEP, LIVE. 3. FOLLOWING ARE ITEMS ON WHICH PRESENT DUTIES ARE LESS THAN THOSE NEGOTIATED AT GENEVA: PACKING AND WRAPPING PAPER (OTHER THAN FOR LINING TEA CHESTS, TEA PACKETS AND DESSIDATED COCOANUT CHESTS); RECO STRUCTED OR IMITATION, PRECIOUS AND SEMIPRECIOUS STONES (ARTIFICIAL OR, SYNTHETIC); AGRICULTURAL IMPLEMENTS (PREFERENTIAL RATE ONLY) ; TOYS AND PARLOUR GAMES (PREFERENTIAL RATE ONLY). 4. DUTIES ON ALL OTHER ITEMS APPEARING IN THE SCHEDULE ARE HIGHER THAN THOSE IN THE GENEVA SCHEDULE. CEYLON GOVERNMENT WILL BE SHORTLY ENTERING INTO NEGOTIATIONS WITH OTHER COUNTRIES FOR REVISION OF CONCESSIONS ORIGINALLY AGREED TO. 5. BASIS OF CALCULATION OF DUTY ON SEVERAL ITEMS CHANGED FROM SPECIFIC TO AD VALOREM AND VICE VERSA. FULL DETAILS OF THESE AND PARTICULARS MENTIONED ABO'VE WILL BE SENT SHORTLY . "
GATT Library
cf024kk4188
Note on the status of the Agreement and protocols second statement by Mr. A.J. Norual, representative of the Union of South Africa, at the Eighth Meeting held on 21 August, 1948
General Agreement on Tariffs and Trade, August 21, 1948
General Agreement on Tariffs and Trade (Organization) and Contracting Parties
21/08/1948
official documents
GATT/CP.2/15 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/cf024kk4188
cf024kk4188_90320028.xml
GATT_146
1,275
7,614
RESTRICTED LIMITED B GATT/CP.2/15 21 August 1948 ORIGINAL : ENGLISH GENERAL AGREEMENT ON TARIFFS AND TRADE CONTRACTING PARTIES SECOND SESSION OF THE UNION OF SOUTH AFRICA, AT THE EIGHTH MEETING HELD ON 21 AUGUST, 1948 1. The Delegate of France, if we understood him correctly, whilst upholding the validity of the protocols, seems to concede, what we have claimed to be the minimum which could be conceded, namely, that South Africa, not having signed the modifying protocol, is not bound by it. We were gratified to hear that he is prepared to meet our point of view to that extent. That would mean, we take it, that this protocol, according to his view, applies only as between those who have accepted it. To this, of course, there would be the corollary, that also those who have accepted it, would remain bound upon the unamended agreement, as against those who have not accepted it. There would also be the further corollary, that new members acceding to the agreement, could invoke the new Article XXXV as against those who have agreed to it, but not as against those who have not agreed to it. Such an interpretation would not make our Government a party to any departure from the principle which we have been endeavouring to vindicate, and on that clear understanding, our Government would not, we expect, want to quarrel with what other contracting parties may regard as valid between themselves. 2. We cannot help feeling, however, that this matter of validity or invalidity should not be sidetracked as a mere legal technicality. It is of the greatest importance to all of us, that we should proceed with due regard to the legal requirements for the validity of what we embark upon. That naturally, involves the consideration of legal questions. That is inevitable. We cannot rid ourselves of that necessity by describing such issues as legalistic technicalities, and then conveniently brushing them aside, and forgetting all about them. Ultimately such an attitude will recoil upon all of us, and we may find that the complexities of our relations, have drifted into complete chaos. 3. The delegate of India, and also the United States delegate, have referred in this connection, to what has been described as the basic equities of the situation. That equity should prevail between the contracting parties, and should, in fact, be their constant guide, we would not for one moment dispute. It is only in the practical GATT/CP.2/15 page 2 application of the considerations of equity that we seem to differ. It: is equitable that it should not be made too difficult for parties to the Havana Charter to accede to our agreement. With that we are in full accord. What we object against is that these difficulties should be utilised to break down the basic principles of our agreement, to an extent which exceeds the legitimate requirements and for which there is no equitable justification. In addition, it is not only the difficul- ties in connection with new members which call for an equitable solution. We are entitled to claim that also in regard to the issue which we have placed before you, the equities should not be disregarded. As to that, Mr. Chairman, we have yet to learn, that the right we had up to 30th June, 1948, to become parties to an unamended agreement, is not supported by the principles of equity. In our submission that right is founded on one of the most elementary of those principles, the principle, namely, that a binding understanding should be given effect to, a principle without which the whole economic structure of every country in the world would simply collapse. 4. We would further submit that we should not lose sight of the fact that the question of the validity of these protocols is not answered by the consideration that it would be embarrassing if they were not valid. The United State's delegate and other delegates, have referred to the history of this modifying protocol, and have stressed the necessity of allowing new members to come in on a majority vote, and of making some provision to meet the situation which would arise where a new member is allowed to accede on such a vote. We are far from saying that new members should not be allowed to come in on a majority vote. It may also be (although we do not wish to express any definite opinion) thatthere is in fact a necessity to provide for some adjustment as between such a new member and other members who have voted against his accession. But that, quite obviously, does not mean that what has been done to achieve this purpose, has been validly done. what is more, what has been done, exceeds what would be necessary for this purpose. article XXXV, in its present form, is not restricted to action which may be taken as between a new member and a contracting party who has voted against his accession. It is worded in such a way that it may be invoked also by existing members as between themselves, and also by existing members against a new member, notwithstanding the fact that they have voted in favour of his accession. Under this Article, therefore, you may have the position that, although a new member has been admitted by a two-thirds vote, the agreement will apply between him and considerably less than two-thirds of the other contracting parties. It opens the door, therefore, to the elimination between contrasting parties of the basic principles of the agreement, to a much greater extent than can be justified by considerations relating to the accession of new members. GATT/CP.2/15 Page 3 5. The delegate of India has raised one other. argument, with which you will allow me to deal briefly. He has referred to the provision in Article XXV(2), for a meeting by the contracting parties, which was to take place not later than March 1, 1948. From this he argues that, inasmuch as it was therefore clearly intended that the contracting parties could act before 30th June, 1948, it must also have been intended that they could amend the agreement before that date under Article XXX. In this argument, Mr. Chairman, if we may say so, there is a patent fallacy. If you will look at Article XXV you. will find that it deals with the contracting parties acting jointly, designated in capital letters, and, I may add acting ordinarily by a simple majority. If now you will look at Article XXX, paragraph 1, you will find that it does not refer to the contracting parties acting Jointly. They are not there designated in capital letters, and what can be done under that Article, can never be done by. a simple majority, What is required is unanimity in some cases, in others, acceptance by two-thirds of the contracting parties. In paragraph 2 of this Article, there are, in contrast to paragraph 1, references to the con- tracting parties acting jointly. That, however, is not in regard to the making of amendments, but in regard to other matters arising in connection with amendments after they have been made. It is quite obvious, therefore that whether we look to a date before 30th June, 1948 or thereafter the power to amend does not rest with the contracting parties acting jointly. From the very nature of the matter amendments of the agreement require further agreements between the contracting parties in their individual capacities. The fact, therefore, that the contracting parties acting jointly were empowered to act before 30th June, takes this question no further and is, in our submissions altogether irrelevant.
GATT Library
zh496ty0410
Note on the status of the Agreement and protocols : Statement by Mr. A.J. Norval, Representative of the Union of South Africa at the Seventh Meeting held on 20 August 1948
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.2/14 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/zh496ty0410
zh496ty0410_90320027.xml
GATT_146
3,915
23,725
RESTRICTED LIMITED B GATT/CP.2/14 20 August 1948 Original: ENGLISH GENERAL AGREEMENT ON TARIFFS AND TRADE CONTRACTING PARTIES SECOND SESSION NOTE ON THE STATUS OF THE AGREEMENT AND PROTOCOLS Statement by Mr. A.J. Norval, Representative of the Union of South Africa at the Seventh Meeting held on 20 August 1948 1. As you are no doubt aware, the Government of the Union of South Africa informed the Secretary-General of the United Nations on 16 July, that they are unable to accept this protocol as an instrument modifying the General Agreement on Tariffs and Trade, either in its provisional application, or in its final application under Article 26. The South African Delegation would like to take this opportunity of explaining the reasons for this attitude. 2. Let us take, first of all, the agreement in its provisional application, i.e., the agreement as applied in pursuance of the Protocol of Provisional Application, of 30 October, 1947. The provisional agreement came into force, as a legally binding agreement, on 1 January, 1948. 3. As we all know, in terms of Par. 6 of this Protocol, the original thereof was deposited with the Secretary-General of the United Nations, and it was agreed to be kept open for signature by other Governments, signatories to the Final Act, until 30 June, 1948: 4. By signing the Final Act, the Governments concerned authenticated not only the text of the agreement, but also the text of the Protocol and agreed that the Protocol, if signed by 15 November, 1947, was to be released, together with the Agreement and the Final Act, by the Secretary-General, for publication on 18 November, 1947. By this undertaking in Par; 6 of the Protocol, the authentication and the agreement to have this Protocol released by the Secretary-General, the first signatories to the Protocol and the other signatories to the Final Act must be taken to have agreed that all signatories to the Final Act, would have the right to sign the Protocol before the 30 June, 1948. 5. They did not, of course, thereby become bound to sign the Protocol, but they became entitled to do so, as of right, before 30 June, 1948. This, in the view of our Government, was a right of which no signatory to the Final. Act, could be deprived without its own consent. GATT/CP.2/14 page 2 6. What, then, did this right comprise? Was it the right to become a party to a particular agreement, in the form authenticated and deposited with the Secretary-General? If it was not such a right, was it then merely the right to become a party to an altogether uncertain agreement in whatever form the first signatories or the contracting parties for the time being, may be pleased to give it, by amendments, however sweeping and farreaching which may be made by them at their own discretion, without the consent of the other signatories to the Final Act? 7: In our respectful submission, there can be no doubt as to the answer to these questions. What the first signatories agreed in clear and unambiguous terms, to keep open for signature until 30 June, 1948, and what the other signatories to the Final Act were entitled to accept, would remain open for signature until that date, was the provisional agreement in the terms agreed upon, authenticated, deposited and published. It was that particular agreement and no other. And the signatories to the Final Act had the right, for the specific period which they were allowed, to become parties to that particular agreement, in those terms, without any amendments, 8. Amendments, if they are to bind subsequent signatories of the provisional protocol, could have one effect only i.e., to substitute for the authenticated agreement, another agree- ment, in other terms, terms which may be radically different in regard to the most fundamental of the principles upon which the signatories to the Final Act had agreed only after long and arduous negotiations, and not without inconvenience and considerble expense to all concerned. 9. To adopt a different interpretation would be to sanction what might have amounted to a stultification of the protracted labours of the previous conferences, and to sweep aside, as of no real account, the clear understanding which had emerged from those labours. When the delegations parted at Geneva in 1947, it was mutually understood that they had succeeded in arriving at a formulation of an agreement, which all the signatories to the Final Act regarded as suitable for consideration by their Governments, which their Governments would be entitled to accept, and upon the terms of which their Governments could rely in making such anticipatory adjustments in their domestic legislation as may be required in accordance with their constitutional procedures. 10. An interpretation of the provisional agreement, which would allow the contracting parties for the time being to the provisional agreement, to amend its terms before the expiry of the period allowed for signature, and without the consent of all the other signatories to the Final Act, would undo all this, and would create a precedent which would introduce a most undesirable element of uncertainty into future negoti- ations of a similar nature. We would certainly not be promoting international co-operation if we were to reduce such a definite understanding, to so precarious a basis. GATT/CP. 2/14 page 3 11. We would submit, therefore, that the first signatories to the Protocol of Provisional Application, and indeed all the signatories to the Final Act authenticating this Protocol, must be taken to have contemplated that the power of the contracting parties for the time being, to amend the provisional agreement under Article 30, the only Article under which it could be amended, would be suspended until 30 June, 1948, the date upon which it would be known who all the contracting parties to the provisional agreement were; or that, at the least, the power to amend the provisional agreement under this Article, would not be exercised in such a way as to prejudice the right of any signatory to the Final Act, as against all other signatories, to become a party to .the provisional agreement in the form agreed upon and authenticated. 12. It is significant that the Protocol was to be open for signature up to this specific date. Had no date been specified, the position might very well have been different. It could then have been-argued that the signatories could not have contemplated a state of affairs in which the contracting parties for the time being would be precluded from making any amendments, for an indefinite period and until the possibility of further signatures had been eliminated. But that is not the case here. Here there is no such indefinite period to negative the right to become a party to this agreement in an unmodified form. The language used, and the surrounding circumstances, point to a particular agreement. It is that agreement, and no substi- tuted amended form of it, to which every signatory to the Final Act was entitled, as against all other signatories to that Act, to become a party within the stipulated period. 13; In our submission, therefore, the operation of Article 30, was suspended until the 30 June 1948. It could not, before that dates be applied (except with the consent of all) in such a way as to violate the right to become a party to the provisional agreement in the form given to it by the consent of all. It is for these reasons that the Union Government have put forward the view that the modifying protocol is inoperative, in so far as it purports to amend the agreement in reard to its provisional application. 14. This modifying protocol, however, does not merely purport to amend the agreement in regard to its provisional application. It seems to go much further. It also purports, if we under- stand it correctly, to amend the agreement in relation to its final application under Article 26. 15. Now, as we all know the agreement has not yet entered into force under that Article. For the purposes of that Article, we have, as yet, no more than an agreed text, which may or may not be put into operation. What is in force at present, is merely the agreement in its provisional application, i.e., a provisional agreement. For the purposes of this provisional agreement the, text intended for the ultimate agreement, was modified in certain respects, in order to facilitate its provisional application, as will appear inter alia from Par. 1(b) of the provisional protocols and the interpretative notes to Articles 1 and 2. To that extent, the provisional agreement is not the same agreement as the agreement in the terms in which it was intended finally to come into force. The parties, GATT/CP.2/14 page 4 also, need not be, and quite probably will not be, the same parties. Because of these differences in regard to date of commencement, substantive content, and possible parties, one could hardly speak here of a single agreement. In reality, we have two separate instruments, one, the provisional agreement, containing one set of rights and obligations, operative as from a certain date, between certain parties, and another, the text of the agreement as it was intended finally to enter into force, containing a somewhat different set of rights and obligations, which will be operative as from a different date, and quite probably between different parties. 16: The point here is, that in relation to the agreement, as it is to be finally applied, Article 30 is not in operation at all. It cannot be in operation, for the simple reason, that the final agreement itself has not entered into force under Article 26, and there can, therefore, as yet be no contracting parties under Article 26, who. could be competent to amend the final agreement. All we have in this regard, is the agreed and authenticated text for a final agreement. There is, in fact, no operative provision under which this text, i.e. the text which is lying with the Secretary-General for acceptance, could be amended. 17. How, then, can amendments be made to this text? In our submission, such amendments can be made in one way only, i.e., by the consent of all the signatories to the Final Act, who agreed upon and authenticated this text, in order that it may be deposited with the Secretary-General for acceptance by their respective Governments, thereby conferring upon the Government of every signatory, as against the Governments of all other signatories, the right to accept this particular text and to insist that no other text be substituted for this text, and for this same purpose of acceptance, by a process of amendments or otherwise without its consent. 18. The only alternative to this as we see it would be to say that the contracting parties to the provisional agreement, i.e., the signatories to the protocol of provisional application, have the power, under Article 30 as provisionally applied, to amend the agreement also in relation to its final application under Article 26. That would mean, that the signatories to the protocol of provisional application some of whom may never become parties to the final agreement at all, may, at their discretion (provided they are unanimous, where necessary) validly amend every single provision of the final agreement. Schedules and all, before it has entered into force as a final agreement. It would further mean that every signatory to the Final Act would have to accept such amendments as have been made unanimously, should he not desire to be excluded from the final agreement altogether. 19. What is more, for all that was known at the time, there eight never have been any more than the eight original signatories to the protocol of provisional application, representing 65% of the total external trade of all the signatories to the Final Act instead of the 85% provided for in Article 26. If it is competent for the signatories to this Protocol, under Article 30 as provisionally applied to amend the agreement for the purposes of its final application it would then have been competent for these eight signatories, to GATT/CP.2/14 page 5 amend the final agreement in advances before it has come into operation, in whatever way they considered expedient, not merely for the purposes of its application as between themselves but also for the purposes of its application as between all other signatories to the Final Act, who may wish to become parties to the final agreement. In other words, the eight provisional parties would then have had the power to brush aside the results of all the painstaking negotiations which have occupied the 23 delegations for such a long tine, and to dictate to the final paties, the terms of the final agreement. Prospective final parties would either have had to accept these terms, or to stay out of the final agreement. Now, that, you will agree, is such an unacceptable, such a startling prepo- sition, that one need hardly say that that could never have been the intention, That, certainly was not the sense in which the South African delegation understood what had been done. And it is hard to believe that any other delegation could have had in mind, the surrender of the final text they had solemnly agreed upon, to a discretionary power of amendment by the first signatories to the Protocol of Provisional Application or for that matter, by the full eventual number of those signatories, at a tine when it could not have been known whether or not all the signatories to the Final Act or even a substantial majority of then, would become signatories to the Protocol'. 20. It is submitted, therefore, that the contracting parties to the agreement as provisionally applied, are not automatically contracting parties for the purposes of the agreement as it is to be finally applied. They have no such overriding power of anticipatory amendment of the agreement in its final application, regardless of the wishes of any signatory to the Final Act. In relation to the final application of the agreement, there are as yet no contracting parties, and no amendments can be made under Article 30. 21 As already pointed. out there is at present no more than a text of the final agreement which is lying for acceptance under Article 26. This text is a text. agreed upon, as a text for an agreement, by all the signatories to the Final Act. Everyone of them is entitled to claim that this text, and no other text to be substituted for it by a process of amendments, is to be open for acceptance. It is only, therefore, with the consent of every signatory that this text can be amended*. This may be regarded by some as inconvenient. it is not, however, more inconvenient than the lengthy process by which agreement was reached on the full text. And in any case, convenience cannot override the rights of a signatory to the Final Act. 22. It is for these reasons that the Government of the Union of South Africa hold the view that the agreement, as provision- ally applied, could not, before 30 June, 1948, and that the agreements as it is to be finally applied, cannot at any time before it has entered into force under Article 26, be amended in such a way as to derogate from the rights to which we have referred , except by the unanimous decision of all the signatories to the Final Act. GATT/CP.2/14 page 6 23. This, we may add, also appears to have been the view upon which the signatories to the Final Act have themselves acted in seeking to effect amendments of the agreement. In the modifying protocol, of the 24 March, 1948, now under discussion, the signatures were sought, not only of the contracting parties to the agreement as provisionally applied, but also of the other signatories to the Final Act. As set forth in this Protocoll there were two sets of parties, one acting in their capacities as contracting parties, and another acting in their capacities as signatories to the Final Act. Together, these two sets of parties, in the specific terms of the preamble were stated to agree to the modifications contained in this Protocol, By Par. 5 of this Protocol, its signature by any Government which is not at the time of signature a contracting party to the agreement, is to serve as authentication of the texts of the modifications. Had it been recognised that the contracting parties for the time being to the provisional agreement, were at that time competent to amend, ( either the provisional agreement or the final agreement., it would have been quite superfluous to have these modifications authenticated in this way by other signatories to the Final Act. This authentication seems to have proceeded from the well- founded assumption that the co-operation of all the signatories was necessary, 24. A similar procedure was followed in the Special Protocol Modifying Article 14. It is true that in terms of Par. 5 of that Protocol it was to enter into force on the day on which it had been signed by all the governments which were at that tile contracting parties to the General Agreement. But that cannot alter the legal position or the fact that notwithstanding this, the signatures also of other signatories to the Final Act, were sought and obtained presumably because it was felt that what was being done could not be validly done, as far, at any rate as the agreement in its final application is concerned, without the consent of the' other signatories to the Final Act. 25. There is reason to suppose, therefore, that the view we have put to you, is the view which has been acted upon by the parties themselves. If that view is the right view, as the Union Government take it to be, this modifying protocol cannot enter into force, as an amendment either of the provisional agreement or of the text of the final agreement, until it has been agreed to by all the signatories to the Final Act. It is in this light that, in our submission, we should judge the status of these protocols. 26. I have endeavoured, Mr. Chairman, to explain to the CONTRACTING PARTIES the reasons why we regard this Protocol as invalid. I shall now proceed to present to you the considerations which have made it impossible for my Government to sign the Protocol and I think it will be helpful to my colleagues better to appreciate our attitude to the provisions of the proposed Article XXXV if I were to describe the back- ground of South Africa's participation in the discussions and negotiations of last year. GATT/CP.2/14 page 7 27. South Africa came to Geneva in 1947 with the sincere determination to help to establish a new framework for inter- national trade within which the peaceful economic development of all nations could be 'achieved. We fully realised and realise it now, that if we are to build a new world freed from the shackles of the past and from the continual threat of war, then sacrifices would have to be made. Nations would have to be willing to surrender part of the economic security which. they thought they could gain through building up high tariff walls, i.e., they would have to be willing to surrender part of their complete tariff autonomy. Nations would have to see their national economies in terns of the larger whole - the world economy for the sake of the larger humanity. This situation South Africa has all along fully appreciated and not only was she willing to make sacrifices but actually did so. For the sake of promoting a new spirit in world trade South Africa did not negotiate on a strictly qaid-pro-quo basis. In a few instances South Africa actually entered into agreements whereby tariff concessions were granted without asking or getting anything in return. 28. Mr. Chairman we one and all accepted throughout our discussions the fundamental and sacred principle of uncondition- al most-favoured-nation treatment. This guiding concept was enshrined in the Geneva text of the General Agreement as authenticated by the Final Act. This Mr. Chairman, was the basis on which we agreed to enter into contractual relation- ships with one another and on which all the concessions granted and received at Geneva were made. 29. There can be no doubt that there is full agreement on the significance of this principle in all our constructive effort. Surely, Mr. Chairman, any unilateral departure there- from is foreign to the whole spirit of our common aims. 30. You will notice that we do not rest our case merely on legal niceties. If we are to build a new world. which South Africa believes we have set. out to build, then we need to be inspired by a constant desire for mutual understanding, and of this, Mr. Chairman, as I said the other day, I personally was privileged to have ample experience during my Delegation's tariff negotiations last year. We believe that any other approach, if not also pursued in regard to the fundamental principle I have been talking about, is foredoomed to failure, The sooner we recognize this fact, the better for us all, 31. South Africa's attitude is that any actions taken without regard to the rights ard obligations embodied in Articles I, XI and XIII is entirely incompatible with the whole spirit of the Agreement.' The right to such unilateral action can be claimed under the proposed Article XXXV which, as you will appreciate, is to us wholly objectionable and my Government accordingly are not prepared to set their hands to it. GATT/CP.2/14 page 8 32. We realise, Mr. Chairman, that there are certain difficulties which Article XXXV was designed to meet. We recognise that it may sometimes be necessary to adjust even a basis principle to reasonable and equitable eventualities. But where such a necessity does exists we should be careful not to exceed the strict requirements of the position with which we are faced. In the present case, the legitimate requirements which have to be met, relate to situations which may arise where there have been no tariff negotiations' For this purpose, it may be necessary to relax as much of the agreement as is inseparably connected with tariff negotiations, but there is no need to go further than that. There can be no justification in such circumstances, for putting the whole Agreement out of operation, merely because there have been no tariff negotiations, as can be done under the new Article XXXV in its present form. We would propose, therefore, that this Protocol be resubmitted for signature with Article XXXV redrafted in the following form:- 35(1) Without prejudice to the provisions of paragraph 5(b) of Article XXV or to the obligations of a contracting party pursuant to paragraph 1 of Article XXIX, Article 2 of this Agreement shall not apply as between any contracting party and any other contracting party if - (a) the two contracting parties have not successfully concluded tariff negotiations with each other; and (b) either of the contracting parties, at the time either becomes a contracting party, does not consent to such application. (2)The CONTRACTING PARTIES may, at any time before the Havana Charter enters into force, review the operation of this Article in particular cases at the request of any contracting party and make appropriate recommendations.
GATT Library
np565bf8100
Note on Thirteenth Meeting : Held at the Capitol, Havana, Cuba, Thursday, 8 January 1948, 5.45 p.m
United Nations Conference on Trade and Employment, January 8, 1948
Joint Sub-Committee of Committees II and VI
08/01/1948
official documents
E/CONF.2/C.26/A/W.11, 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/np565bf8100
np565bf8100_90180366.xml
GATT_146
435
2,939
United Nations Nations Unies RESTRICTED CONFERENCE CONFERENCE ON DU 8 January 1948 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH JOINT SUB-COMMITTEE OF COMNITTEES II AND VI NOTE ON THIRTEENTH MEETING Held at the Capitol, Havana, Cuba, Thursday, 8 January 1948, 5.45 p.m. Chairman: Mr. H. C. COCMBS (Australia) 1. It was agreed that the Chairman's statement contained in paragraph 3 of E/CONF.2/C. 2&6/A/W/8 (Notes on the eleventh meeting of the Joint Sub-Committee of Committees II and VI) expressed also the view of the Sub-Committee. 2. The discussion of the amendments listed below was continued: Turkish amendment to paragraph 2 of Article 10 (page 3 of E/CONF .2/C.2/9) Chinese amendment to paragraph 1 of Article 11 (page 6 of E/CONF.2/C.2/ 9) Paragraph 2 of New Article 12A proposed by Colombia (page 28 of E/CONF.2/C.2/9) Additional paragraph in Article 12 proposed by Chile (botton of page 20 and top of page 21 of E/CONF.2/C.2/9). 3. After further discussion it was agreed to refer paragraph 2 of new Article 12A proposed by Colombia to Working Party No. 3 with terms of reference to recommend such disposition of the paragraph as it might consider desirable. 4 After further discussion it was found that the sense of the meeting was strongly against the above-mentioned Chilean amendment. 5.. The representative of Turkey stated that he had been in consultation with the representative of the Bank and that he was proposing a revised version of his amendment as follows: "Moreover, subject to any arrangements entered into between the Economic and Social Council of the United Nations and Inter-governmental Organizations, the Organization shall recommend to the International Bank for Reconstruction and Development, in respect of financing, and to existing or future competent specialized agencies such as the FAO and UNESCO, in respect of equipment, technical competence and scientific management, that they take account of requests addressed to these Institutions by the undeveloped countries. /The representative E/C0NF.2/C .2&6/A/W.11 Page 2 The representative of France, suggested that the words "for the undeveloped countries" be changed to read "with a view to economic development". The Turkish amendment was referred to Working Party No. 3 and it was agreed that the Secretariat should make contact with the representative of the Bank with a view to his being present at the meeting of the Working Party at which the Turkish amendment was discussed. 6. The Sub-Committee began discussion of the amendment proposed by Mexico for the deletion of paragraph 2 of Article 11 and the substitution of a new text referring to the substance of present paragraph 3 (top of page 8 in E/CONF. 12/C .2/9).
GATT Library
xv187nq0347
Note regarding instruments to be prepared at the second session of to Contracting Parties and credentials required therefor
General Agreement on Tariffs and Trade, August 28, 1948
General Agreement on Tariffs and Trade (Organization) and Contracting Parties
28/08/1948
official documents
GATT/CP.2/24 and GATT/CP.2/22/Rev.1+Rev.1/Corr.1 CP.2/22/Rev.1/Annex II/Rev.1 CP.2/23-27
https://exhibits.stanford.edu/gatt/catalog/xv187nq0347
xv187nq0347_90320041.xml
GATT_146
430
2,702
RESTRICTED LIMITED B GATT/CP.2/24 28 August, 1948 ORIGINAL: ENGLISH GENERAL AGREEMENT ON TARIFFS AND TRADE Contracting Parties Second Session NOTE REGARDING INSTRUMENTS TO BE PREPARED AT THE SECOND SESSION OF TO CONTRACTING PARTIES AND CREDENTIALS REQUIRED TFIEREFOR 1. Items 2 and 3 of the Agenda (modifications of GATT by Replacement by Charter Provisions and Amendments to Article XXIX) will probably result in the drawing up of two Protocols to be accepted by signature alone either at the conclusion of the Second Session or at some later date, or by signature ad referendum at the conclusion of the Second Session followed by the deposit of an instrument of acceptance at some later date. 2. Item 11 of the Agenda (Protocol of Rectificatios)) will require a Protocol to be accepted by signature alone at the conclusion of the Second Session. 3. Item 12 of the Agenda (Applicability of GATT to the Trade of Contracting Parties with the Areas under Military Occupation) may result in an Agreement to be accepted by signature alone either at the conclusion of the Second Session or at some later date. 4. Any representative at the Second Session desiring to accept on behalf of his government any of the instruments mentioned in paragraph 1 or 4 should produce either full powers to that effect or a general full power enabling him to sign any instrument drawn up by the contracting parties with the effect of definitively binding his government or a note in like terms signed by the Minister of Foreign Affairs. If it is not possible to obtain those documents in the time available, interim powers in the form of a telegram from the Minister of Foreign Affairs should be produced. 4. Any representative who has produced credentials which, in accordance with the Rules of Procedure, are satisfactory for the purpose of accrediting him to the Second Session might be regarded as having power to sign either of the instruments referred to in paragraph 1 above ad referendum. He might also be regarded as having power to sign the instruments re- ferred to in paragraph 2. 6. The representatives of India Syria and the United Kingdom have presented credentials In final form empowering them to sign ad referendum any instrument drawn up at the Second Session. The representative of Brazil has also presented credentials of this type but in provisional form. 7. The representatives of Australia, Belgium, Canada, Czechoslovakia, Cuba, France, Lebanon, Luxembourg, Norway, New Zealand Pakistan, South Africa and the United States have presented credentials sent for the purpose of accrediting them to the Second Session.
GATT Library
bh153xs3367
Note Secretariat. Ordre du Jour Provisoire
Accord General sur les Tarifs Douaniers et le Commerce, February 27, 1948
General Agreement on Tariffs and Trade (Organization), Première Session des Parties Contractantes, and Contracting Parties - First Session - 28 February-23 March 1948
27/02/1948
official documents
GATT/1/4 and GATT/1/2-8
https://exhibits.stanford.edu/gatt/catalog/bh153xs3367
bh153xs3367_90310278.xml
GATT_146
126
832
RESTRICTED GATT/1/4 27 fevrier 1948 FRENCH ORIGINAL: ENGLISH ACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCE PREMIERE SESSION DE PARTIES CONTRACTANTES NOTE SECRETARIAT ORDRE DU JOUR PROVISOIRE Comme suite aux indications donnees dans la derniere phrase du deuxieme alinea du document GATT/1/1 du 18 fevrier, il est porte a la connaissance des delegations que les delegations de la France et de Cuba ont fait savoir qu'elles desiraient ajouter les points suivants a l'ordre du jour provisoire : 1. Delegation de la France : Amendement a l'article XXIV : remplacer cet article par les dispositions correspondantes de la Charte de la future Organisation international du commerce. 2. Delegation de Cuba : "Possibilite de relever une partie contractante des engagements assumed en vertu de l'article II". 5373
GATT Library
sx561vf7378
Note to Article 99 proposed by the delegation of Guatemala
United Nations Conference on Trade and Employment, February 16, 1948
Sixth Committee: Organization
16/02/1948
official documents
E/CONF.2/C.6/12/Add.22 and E/CONF.2/C.6/12/ADD.4-44
https://exhibits.stanford.edu/gatt/catalog/sx561vf7378
sx561vf7378_90170062.xml
GATT_146
138
1,031
United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE Add . 22 16 February 1948 ON DU ENGLISH TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: SPANISH SIXTH COMMITTEE: ORGANIZATION NOTE TO ARTICLE 99 PROPOSED BY THE DELEGATION OF GUATEMALA For reasons of justice founded on International Law and in order to bring the provisions of Article 99 of the Charter into harmony with Article XVIII of .the Act of Havena, signed by the Nations of the Western Hemisphere in July 1940, on the occasion of the Second Conference of Foreign Ministers, the DELEGATION OF GUATEMALA proposes the insertion of the following EXPLANATORY NOTE: "FOOTNOTE TO ARTICLE 99. None of the provisions of Article 99 of this Charter shall be applicable to territories which are the subject of claim or dispute between States of the American Continent and non-American States,"
GATT Library
rp717jy8643
Note to Delegations regarding documents distribution
Interim Commission for the International Trade Organization, August 10, 1948
Interim Commission for the International Trade Organization (ICITO/GATT)
10/08/1948
official documents
IICITC/Inf/4, ICITO/INF/1-8, and ICITO/1/1-16
https://exhibits.stanford.edu/gatt/catalog/rp717jy8643
rp717jy8643_90180005.xml
GATT_146
274
1,957
INTERIM COMMISSION COMMISSION INTERIMAIRE DE FOR THE INTERNATIONAL L'ORGANISATION INTERNATIONALE UNRESTRICTED IICITC/Inf/4 TRADE ORGANIZATION DU COMMERCE 10 August, 1948 Original: ENGLISH NOTE TO DELEGATIONS REGARDING DOCUMENTS DISTRIBUTION 1. A) Distribution of ICITO/ documents in general (both during and between meetings). (i) "Unrestricted" with no further indication - to all governments, specialized agencies, and some non-govern- mental organizations and libraries. (ii) Unrestricted or Restricted - "Limited A" - to all governments and specialized agencies. (iii) Restricted - "Limited B" - to all governments. Note: There may of course be certain documents restricted to the members of the interim Commission only. B) It is proposed to send documents through the permanent representatives to the European Office of the United Nations or the Consulates or Legations in Geneva and Berne of these countries which have such offices, for re- transmission. The Secretariat suggests that, since surface mail is very slow, countries which do not have representatives in Switzerland might wish to indicate some address where documents can be sent for re-transmission in order to arrive more quickly. C) During meetings of the Interim Commission certain classes of documents, such as daily agendas, sub-committee documents and working papers, will be distributed only to participants and observers present. 2. Delegations and observers at these meetings are advised that they will be responsible for forwarding documents to their respective governments throughout the meetings; the documents service will not be able to make a double distribution when there are delegations present at the Palais. 3. No complete sets of the documents of the meetings will be available at any time, although Delegations may of course request additional copies of individual documents.
GATT Library
hg410fr0558
Note to Signatories of the Final Act of the United Nations Conference on Trade and Employment and to Members of the Interim Commission for the International Trade Organization from the Executive Secretary
Interim Commission for the International Trade Organization, October 6, 1948
Interim Commission for the International Trade Organization (ICITO/GATT)
06/10/1948
official documents
ICITO/1/9, ICITO/INF/1-8, and ICITO/1/1-16
https://exhibits.stanford.edu/gatt/catalog/hg410fr0558
hg410fr0558_90180019.xml
GATT_146
114
790
INTERIM COMMISSION FOR THE INTERNATIONAL TRADE ORGANIZATION UNRESTRICTED COMMISSION INTERIMAIRE DE ICITO/1/9 L'ORGANISATION INTERNATIONALE L'ORGATIOAPOIN 6 October 1948 DU COMMERCE ORIGINAL: ENGLISH NOTE TO SIGNATORIES OF THE FINAL ACT OF THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT AND TO MEMBERS OF THE INTERIM COMMISSION FOR THE INTERNATIONAL TRADE ORGANIZATION FROM THE EXECUTIVE SECRETARY The Russian translation of the Final Act and the Havana Charter has been in circulation for the three months stipulated in the Havana procedure. No comments having been received on this text, it will be deposited with the Secretary-General of the United Nations as the authentic text on 10 November 1948 if by that date no objections have been received.
GATT Library
nw431jt0680
Note to Signatories of the Final Act of the United Nations Conference on Trade and Employment and to Members of the Interim Commission for the International Trade Organization, from the Executive Secretary
Interim Commission for the International Trade Organization, June 25, 1948
Interim Commission for the International Trade Organization (ICITO/GATT)
25/06/1948
official documents
ICITO/1/7, ICITO/INF/1-8, and ICITO/1/1-16
https://exhibits.stanford.edu/gatt/catalog/nw431jt0680
nw431jt0680_90180017.xml
GATT_146
422
2,928
INTERIM COMMISSION COMMISSION INTERIMAIRE DE FOR THE INTERNATIONAL L'ORGANISATION INTERNATIONALE UNRESTRICTED ICITO/1/ TRADE ORGANIZATION DU COMMERCE 25 June 1948 ENGLISH - FRENCH NOTE TO SIGNATORIES OF THE FINAL ACT OF THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT AND TO MEMBERS OF THE INTERIM COMMISSION FOR THE INTERNATIONAL TRADE ORGANIZATION, FROM THE EXECUTIVE SECRETARY The Spanish translation of the Final Act and Havana Charter is being circulated in accordance with the procedure outlined in document E/CONF.2/BUR/34 and agreed to with minor modifications at the twelfth meeting of the General Committee at Havana on 2 March 1948. This translation has been prepared by the delegation of Cuba to the United Nations Conference on Trade and Employment and, in accordance with standard United Nations procedure with respect to translations, has been reviewed by the United Nations traslating service. The Executive Secretary will take note of comments received by 10 October 1948 and make any necessary alterations after consultation with such Governments and/or experts as he may deem appropriate. The texts, as then established, will be circulated to all Goverments which have signed the Final Act for their approval. Two months from the date of circulation, if no objections have been received within that period, the texts will be deposited as authentic with the Secretary-General of the United Nations. ICITO/1/7 Page 2 NOTE DU SECRETAIRE DE LA COMMISSION INTERMAIRE AUX SIGNATAIRES DE L'ACTE FINAL DE LA CONFERENCE DES NATIONS UNIES SUR LE COMMERCE ET L'EMPLOI ET AUX MEMBRES DE LA COMMISSION INTERIMAIRE DE L'ORGANISATION INTERNATIONALE DU COMMERCE La traduction espagnele de 1' Acte final, et de. la Charte de laHavane est miuse en distribution conformement à la procTdure definie dans le document E/CONF.2/BUR/34 approuvTe par le Bureau avec quelques modifiations peu a important a sa douziFme sTance à la Havana le 2 mars 1948. Cette traduction a ete Ttablie par la dTlTgation-cubaine a la Conference des Nations Unies sur le commece et. l'emploi, et rTvisTe par le service de traduction de l'organisation des Nations Unies conforment aux rTgles de 1 'organisation en matiFre de traduction. - - - e secmreaeie dvrenalaaCoimision p"ndvarnoe dqui1es obsermtios -ui Tsseroantnte 10p cantea vux-e appedtbrr aue :1xt4s8 es-t-ter=zee lp mnodifsa ratiaonTs icesres ssrs Tlvoir conrnuletesleteles goue mnta-s ilexupeparrits ddToinelitpera xmanderr1 Lable de esdedxteavis. Lftes- isi-- nar eront poimuitqT n itr a pooies pnpa r bsaioesb oan - tg signatairesoered 'Acnsefigrt Sswie.n lesial :i eieequx ~ms ui uojente cocnu'té dnincatcuneeiljectio auniOoiToT a r 6tTafles 'oxue.ltezts fero rent fit sdTposes comme teront élTs auprs dTtau SegTnTcrlire ra de organisation des Nations Unies.
GATT Library
xk728wb5382
Notes of Eleventh Meeting : Held at Havana on Friday, 5 March 1948 at 3.00 p.m
United Nations Conference on Trade and Employment, March 6, 1948
Joint Sub-Committee of Committees II and III: Tariff Preferences
06/03/1948
official documents
E/CONF.2/C.23/A/W.11, 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/xk728wb5382
xk728wb5382_90180350.xml
GATT_146
460
3,101
United Nations Nations Unies RESTRICTED CONFERENCE CONFERENCE E/CONF.2/C.2&3/A/ ON DU 6 March 1948 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL:ENGLISH JOINT SUB-COMMITTEE OF COMMITTEES II AND III ON TARIF PREFERENCES NOTES OF ELEVENTH MEETING Held at Havana on Friday, 5 March 1948 at 3.00 P.m Chairman: M. Jean ROYER (France) Election of Chairman Mr. ROYER (France) was elected as Chairmen in place of Mr. Sahlin who had returned to Sweden. 2. Article 15 The text of Article 15 as approved by the Co-ordinating Committee (document E/CONF.2/45/Rev.1) was discussed. Title It was agreed to add the words "and Reconstructios" at the end of the title. Paragraph 1 Paragraph 1 was approved subject to drafting changes in the French text and the addition of the following interpretative note: "It is understood that the special circumstances mentioned in paragraph 1 are those referred to in Article 15 itself;" Paragraph 2 Paragraph 2 was approved. Paragraph 3 Paragraph 3 was approved subject to drafting changes in the French . Paragraph 4 Preamble. A proposal was made to delete the words "between Members", it being argued that this limitation had been introduced without adequate discussion. It was the view of the meeting, however, that the words should remain, and the preambling s approved subject to drafting changes in the French text. The delegates for Argentina, Chile, Poland and Syria wished it put on record that in their view no final decision should be taken on this point until a definitive text of Article 93 was available. The delegate for Argentina reserved his position in regard to the powers of the Organization specified in the preamble. /Sub-paragraph (a) E/CONF.2 /C.2&3/A/W. 11 Page 2 Sub-paragraph (a) and the interpretative note relating to it were approved subject to drafting changes in the French text of the sub-paragraph. The delegate for the United Kingdom entered a formal reservation pending instructions from his government. Sub-paragraphs (b) and (c) were approved: . . Sub-paragraph (d). The delegate for Poland introduced his amendment (document E/CONF.2/50), but explained that, in view of the agreement by Heads of Delegations, he would not press it if any delegation could not accept it. The amendment was not accepted. A proposal to substitute the text most recently discussed by the Working Party was also rejected, two members supporting it, eight opposing, and several abstaining. The text of the Co-ordinating Committee was then approved. The delegate tor Argentina reserved his position. Sub-paragraph (e) and (f) were approved. Paragraph 5 It was agreed to set up an informal working group consisting of the delegates for Chile, Iraq, Poland and the United States, to clarify the text, taking into account amendments submitted by the delegation of Iraq, and. to report back to the next meeting of the Joint Sub-Committee.
GATT Library
nv153kd3860
Notes of Eleventh Meeting : Held at the Capitol, Havana, Cuba, Tuesday, 6 January 1948, at 10.30 a.m
United Nations Conference on Trade and Employment, January 6, 1948
Joint Sub-Committee of Committees II and VI
06/01/1948
official documents
E/CONF.2/C.26/A/W.8, 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/nv153kd3860
nv153kd3860_90180363.xml
GATT_146
596
3,999
United Nations Nations Unies RESTRICTED CONFERENCE CONFERENCE E/CONF.2/C. 2&6/A/W.8 ON DU 6 January 1948 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH JOINT SUB-COMMITTEE OF COMMITTEES II AND VI NOTES OF ELEVENTH MEETING Held at the Capitol, Havana, Cuba, Tuesday, 6 January 1948, at 10.30 a.m. Chairman: Mr. H. C. COOMBS (Australia) 1. The Sub-Committee continued discussion of the amendment to the first sentence of paragraph 1 of Article 11 submitted by Chile (page 5 of E/CONF.2/C.2/9). At-the conclusion of discussion the sense of the meeting was found to be strongly against the inclusion of any reference to stable markets and remunerative prices. 2. The Sub-Committee considered the Mexican amendment to the second sentence of paragraph 1 of Article 11 (pages 5 and 6 of E/CONF.2/C 2/9). It also had before it the following alternative text: "Accordingly, in order to stimulate and assure the provision of these requirements, Members shall co-operate in accordance with Article 10 in poviding or arranging for the provision of such requirements within the limits of their. power and Members shall not impose unreasonable or unjustifiable impediments that would prevent other Members from obtaining on equitable terms any such requirements for their economic development". At the conclusion of the discussion there was still disagreement as to whether the words "and assure" in the first line should be included or not or whetherr there should be substituted some other word or form of words. There was also the suggestion that the words "the provision of these requirements" in the first and second lines should be replaced by the words "the provision and exchange of these facilities" and that the word "requirements" in the last line should be deleted and the word "facilities" substituted. These outstanding questions were referred to Working Party No. 3. 3. The Sub-Committee then considered the Burmese amendment to paragraph 2 of Article 11 (page 8 of E/CONF.2/C.3/9). The CHAIRMAN pointed out that one of the main objections of the Burmese Delegation to the present text was that it was difficult to know who should be the judge of "unreasonable or /unjustifiable E/CONF.2/C.2&6/A/W.8 Pege 2 unjustifiable actions injurious to the rights or intests of nationals of other Members". In his view the judges in the first instance would be the country taking the action. If, however, the action seemed unreasonable or unjustifiable to any other Member, the procedures of Articles 89 and 90 could be resorted to. In his view, therefore, the objections of Burma were invalid. The intention of the Burmese amendment was to give equal but not better treatment to foreign investment than to national investment. It was pointed out by the Australian delegate that national treatment accorded to foreign nationals and investments would be considered prima facie as reasonable. The United States delegate, however, expressed the view that there were cases in which national treatment could not be considered reasonable or justifiable. In these cases, according to international law, a foreign country could not intervene as regards the treatment of the nationals of another country, but it could intervene as regards the treatment of its own nationals, even though they were accorded national treatment. The delegate of Iraq expressed the view that measures of a religious, political or moral nature lay outside the scope of the Charter and a decision as to their reasonsableness and justifiability lay with the Member applying the measures. The sense of the meeting was strongly against the acceptance of the Burmese amendmet. 4. The, Sub-Committee began considaretion of the Chilean amendment to paragraph 2 of Article 11 (page 9 of E/CONF.2/C.2/9).
GATT Library
xs688mf3591
Notes of Forteenth Meeting : Held on Monday, 5 January 1948, 3.00 p.m
United Nations Conference on Trade and Employment, January 6, 1948
Third Committee: Commercial Policy and Third Committee: Commercial Policy Sub-Committee A (Articles 16, 17, 18, 19)
06/01/1948
official documents
E/CONF.2/C.3/A/W.26 and E/CONF.2/C.3/A/W.1-39
https://exhibits.stanford.edu/gatt/catalog/xs688mf3591
xs688mf3591_90190448.xml
GATT_146
749
4,906
RESTRICTED United Nations Nations Unies CONFERENCE CONFERENCE E/CONF.2/C.3/A/W.26 6 January 1948 ON DU TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINALl::E NLIIHE TIRHD CMMIOTETE: CMMOERCILA POLICY UBS-COMIMTTEE A (ARTICELS 16,.17, 18, 19) NOTES OF FORTEENTH MEEITGN Held on Monday, 5 January 1948, 3.00p.m. Chairman: Dr. G. A. LAMSVELT (Netherlands) gAenda Item 1 - Failure to negotiate; role of Organization (Tariff Committee) Items 39 and 43 (Peru) - Continuation of discussion. The delegate of Colombia found Article 17 to be inadequately drafted from the legal point of view. It's principal weakness was that it provided for no direct appeal from the decisions of the Tariff Cmomittee. He did not regard as legally correct the United States delegate' s interpretation that action arising out of a Tariff Committee determination could be made the basis for an appeal to het-Organization. From a legal standpoint, he believed Articles 89 and 90 would apply only in cases where no previous decisionhajd been taken by an organ of the Organization. The Peruvian amendment would not, in his view, solve teh main problem of whether the Charter should provide for appeal from Tariff Committee decisions and, if so, what form such appeal should take. The delegate of France pointed out that under paragraph 2 the Tariff Committee's ufnctoin would be to examine concessions made both by parties and on-fpartie 0to th eGeneral Agermeent from an overall point of view and to evaluate the balance of these concessions. In this view only Members directly concerned with negotiations adn having already negotiated pursuant to Article 17 should have thel ight to intervene in this way, with no direct appeal. e recognized that Article 17 might be deficient with respect to cases ind which a particular Member opposed the adherence of another Member to the General Agreement an special grounds, for example, political. It might be desirable in such cases to provide for an appeal to an unbiased body, preferably review by the International Court of Justice under paragraph 2 of Article 91. Regarding the E/ CONF .2/C 3/A/W.26 Page 2 Regarding the criteria established in paragraph 2 for Tariff Committee decisions, some difficulty right arise from the rather vague phrase, "having regard to...the provisions of the Charter as a whole". This might imply that the Tariff Committee had the power to interpret the whole Charter and that such interpretation would not be subject to recourse or appeal. He suggested deleting these words and substituting more precise language along the following lines: "having regard .to its economic position and to its needs of economic development". The delegate for the United Kingdom pointed out that rather than non-parties to the General Agreement being at a disadvantage vis-a-viz parties to the General Agreement by reason of paragraph 2 of Article 17, the reverse might be true. Parties to the General Areement could not withdraw concessions negotiated in Geneva without tariff Committee approval and under paragraph 2 the onus of proof as to whether a new Member had fulfilled its obligations under Article 17 would lie with parties to the General Agreement. In his view the Tariff Ccmmittee must remain the final judge of the balance of concessions, although possibly after consultation with the Executive Board prior to making an adverse decision. The delegate of Cuba considered it essential to distinguish between .;negotiations, whether in the bilateral or multilateral stage, in which the balance of concessions must be judged only by the parties thereto or from an overall standpoint by the arTiff Committee, and disputes, which might arise out of action based on Tariff Committee decisions and which should be judged by a third and impartial party. Eitherm ore precise criteria by which the Organization would make determinations could be included in paragraph 2 of Article 17, or, the right of appeal could be established. He considered the latter more practicable. n principle he was in agreement with the .nited States delegate's interpretation that appeals to the Organization under Article 89 and 90 could be based on action arising out of Tariff Committee determinations. However, Article 90 should be modified to cover the case of a Member seeking to become a party to the General Agreement and unable to do so because the Tariff Committee considered that it had not made adequate concessions or because Tariff Committee countries refused to negotiate. Further, if the Havana Conference were to decide to establish an Economic Development Committee, the Tariff Committee should be empowered to make determinations only after full consultation with the former Committee.
GATT Library
ff352qc9928
Notes of Sixteenth Meeting : Held on Wednesday, 7 January 1948, 3.00 p.m
United Nations Conference on Trade and Employment, January 12, 1948
Third Committee: Commercial Policy and Third Committee: Commercial Policy Sub-Committee A (Articles 16, 17, 18, 19)
12/01/1948
official documents
E/CONF.2/C.3/A/W.28 and E/CONF.2/C.3/A/W.1-39
https://exhibits.stanford.edu/gatt/catalog/ff352qc9928
ff352qc9928_90190450.xml
GATT_146
907
6,008
United Nations Nations Unies RESTRICTED CONFERENCE CONFERENCE E/CONF. 2/C. 3/A/ ON DU W.28 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 12 January 1948 ORIGINAL: ENGLISH THIRD COMMITTEE: C0MMERCIAL POLICY SUB-COMMITTEE A (ARTICLES 16, 17, 18, 19). NOTES OF SIXTEENTH MEETING Held on Wednesday, 7 January 1948, 3.00 p.m. Chairman: Dr. G. A. LAMSVELT (Netherlands) ARTICLE 17 - REDUCTION OF TARIFFS AND ELIMINATION OF PREFERENCES 1. Failure to Negotiate; Role of Organization (Tariff Committee) items 39 and 43 (Peru) - Conclusion of discussion. The delegate for Uruguay stated that in the view of his delegation the Tariff Committee should be invested with the power to make decisions in conflicts arising out of negotiations, but that specific provision should be made in the Charter for the possibility of appeals from Tariff Committee decisions. Cases arising out of Tariff Committee decisions might involve either a violation of legal principles or action harmful to the interests of a Member with no violation of legal principles. The International Court of Justice, mentioned by the French delegate, would be competent to judge cases in the former category, but not in the latter, He suggested for consideration that appeals might be made, first, to the Executive Board, which could than decide, according to the nature of the case, whether the appeal should be referred to the International Court of Justice or to an arbitration body which might be created to consider cases of harmful action without a violetion of legal principles. The delegate for Cuba did not agree with the argument previously made that the General Agreement countries would always be bound by common interests. He pointed out that in negotiations on a particular product parties and non-parties to the General Agreement might have a greater common interest than would parties to the General Agreement, for example, when a party and non-party both were important suppliers of the product concerned. Due to the multilateral character of negotiaticns contemplated under Article 17, all Members interested in obtaining concessions on a particular product would be pooling their bargaining power to the advantage of the individual new Member. The General Agreement was not completely satisfactory to all parties thereto, but this was no reason to witihdraw from the Agreement since Article 17 /contemplated E/CONF.2/C. 3/A/W. 28 Page 2 contemplated continuing negotiations with the possibility for each Member to improve its position. From the practical standpoint he did not think that parties and non-parties to the General Agreement would be in a position of inequality in negotiations, and therefore could not agree that the Charter should be amended so as to provide for the possibility of reversing Tariff Committee decisions on the grounds of such inequality. The delegate for New Zealand noted that the delegate for Peru was in agreement with the objectives of paragraph 1 of Article 17, but that his main concern seemed to be that new Members might have to make an excessive contribution in order to adhere to the General Agreement. He considered that this possibility would be precluded by the provision for "mutually advantageous" negotiations on a "selective" basis. The objections to paragraph 2 were largely academic, in his view, in that there should be no grounds for complaint if all Members fulfilled their obligations under paragraph 1. His delegation favoured the retention of paragraph 2 substantially in its present form. The Tariff Committee in any event would soon become widely representative as new Members adhered to the General Agreement. The Chairman summarized the discussion of the Peruvian proposals as follows: There was no substantial support for the proposal that the Executive Board rather than the Tariff Committee should have the power to make determinations under paragraph 2. No agreement was reached, however, as to whether decisions of the Tariff Committee should be final. A number of Members of the Sub-Committee proposed that the possibility of appeal from Tariff Committee decisions should be specifically provided in the Charter. Other Members folt that there should be no possibility of overturning Tariff Committee decesions; otherwise it would not be an effective instrument for enforcing the obligations set forth in paragraph 1. Several Members of the Sub-Committee regarded the possibility of recourse under Articles 89 and 90 as adequate. Their interpretation was that a Member could lodge a complaint under Articles 89 and 90 with respect to action arising out of a Tariff Committee decision.. The Conference, if it concurred, could suspend the application to the Member acting pursuant to the Tariff Committee decision of such obligations or concessions under or pursuant to the Charter as it deemed. appropriate. Other Members regarded this possibility of recourse as inadequate. Two Members referred to the proposal to establish an Economic Development Committee, now being considered by a Sub-Committee of Committee VI. The delegate for the United Kingdom, supported by the delegates for Colombia, Cuba, Peru and Turkey, proposed that the question of the powers of /the Tariff E/CONF. 2/C.3/A/W. 28 Page 3 the Tariff Committee and the possibility of appeal from its decisions be referred to a working group. The Chairman pointed out that the terms of reference of the Working Party established at the ninth meeting, 27 December, included the redrafting of the whole of Article 17. It was agreed that the problem of the powers and functions of the Tariff Committee and the possibility of appeal from its decisions should be be referred to the Working Group which should begin its work as soon as possible.
GATT Library
gc208hq9929
Notes of Sixth Meeting : Held at Havana on Tuesday, 10 February 1948 at 6.00 p.m
United Nations Conference on Trade and Employment, February 12, 1948
Third Committee: Commercial Policy and Sub-Committee H (Section C)
12/02/1948
official documents
E/CONF.2/C.3/H/W.7 and E/CONF.2/C.3/F/W.31/REV.2-32/G/W.1-13/H/W.1-9
https://exhibits.stanford.edu/gatt/catalog/gc208hq9929
gc208hq9929_90190623.xml
GATT_146
208
1,358
United Nations CONFERENCE ON TRADE AND EMPLOYMENTYMET Nations Unies RRESTICTED COENNFERCE E/CONCF./H/2/.3W.7 DU 12 February 1948 ERCE ET DE L'EMPLOI COERRIGINAL:N EGLISH ITHRD MMCOITTEE: COERMMCIAL POLICY S-UBMMITCOTEE 'H' ON SECTION C - SUBSIDIES NOTES OF SIXTH MEETING Held at Havana on Tuesday, 10 February 1948 at 6.00 p.m. Chairman: Mr. E. Mr.CTARHY (Australia) The text of Articles 26 and 27 in document E/CONF.2/C.H3//6 was adopted r sueuission to the Committee subject to the following changes: Article 26 Addition of the word "generally" at the end of the seventh line. Article 27 Paragraph 1 Minor drafting change placing the word "that" in the preamble with consequential punctuation changes. Paragraph 3 The last sentence to read: "The Member which considers that its interests are thus seriously prejudiced shall, however, be exempt provisionally from the requirements of paragraphs 1 and 3 of Article 26 in raspect of that commodity, subject to the procedure of Article 28." Paragraph 4 It was agreed to add a sentence indicating that "Any such new or additional subsidy shall be subject to the provisions of Article 28." Paragraph 5 Line 6 to commence "shall not be subject to the requirements It was also agreed to make a number of additons to the Draft Report. - for
GATT Library
dj245kt7995
Notes of Sixth Meeting : Held on Thursday, 15 January 1948, at 3.00 P.m
United Nations Conference on Trade and Employment, January 19, 1948
Third Committee: Commercial Policy and Sub-Committee F (Articles 21, 22 and 24)
19/01/1948
official documents
E/CONF.2/C.3/F/W.16 and E/CONF.2/C.3/F/W.1-31/REV.2
https://exhibits.stanford.edu/gatt/catalog/dj245kt7995
dj245kt7995_90190577.xml
GATT_146
345
2,379
United Nations Nations Unies RESTRICTED CONFERENCE CONFERENCE E/CONF.2/C.3/W.16 ON DU 19 January 1948 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH THIRD COMMITTEE: COMMERCIAL POLICY SUB-COMMITTEE F (ARTICLES 21, 22 AND 24) NOTES OF SIXTH MEETING Held on Thursday, 15 January 1948, at 3.00 P.m. Chairman: J. MELANDER (Norway) (Reference: E/CONF.2/C.3/F) ARTICLE 21 -.RESTRICTIONS TO SAFEGUARD THE BALANCE OF PAYMENTS The delegate of Brazil having indicated. the interest of his Government in Article 21, it was agreed to add Brazil to the Working Party on Article 21 established at the Fifth Meeting. The CHAIRMAN called attention to the Norwegian amendment to paragraph (C.3/F/W.4) which should have appeared on the Agenda. On the suggestion of the CHAIRMAN the Sub-Committee agreed that Items 28 and. 33 (Australia) should be referred to the Working Party on Article 21 without discussion. ARTICLE 23 - EXCEPTIONS TO THE RULE OF NON-DISORIMINATION Item 75 (Arzentina) found little support. The Sub-Committee considered paragraph 1, sub-paragraph (b) in the light of the amendments to it proposed by France, Belgium and Norway. After discussion these amendments were referred to a Working Party to be established, to consider amendments to Article 23. On the invitation of the CHAIRMAN, the delegate of Uruguay explained his Government's position on its amendments to Article 23. He stated that the amendments proposed to paragraphs 1 and 3 (Items 62 and 70)were dependent on Uruguay's amendment to Article 21 and since the latter had not been supported by the Sub-Committee, he considered that Items 62 and 70 were similarly disposed of. However, he reserved the right to reopen consideration of Items 62 and 70 in full Committee. The delegate of Uruguay also explained his position on Item 72 (Uruguay), but it was agreed by the Sub-Committee that the Geneva text was preferable. The CHAIRMAN stated that Working Party of Sub-Committee A of Committee III dealing with Article 16 might have recommendations which would affect /paragraph 5 (b) E/CONF.2/C.3/F/W.16 Paragraph 5 (b) of Article 23 and that into account by Sub-Committee F in due such recommendations would be taken course.
GATT Library
fy096ms3835
Notes of Sixth Meeting : Held on Tuesday, 20 January 1948 at 3.00 p.m
United Nations Conference on Trade and Employment, January 21, 1948
Second Committee: Commercial Development and Sub-Committee B (Article 12)
21/01/1948
official documents
E/CONF.2/C.2/B/W.12, E/CONF.2/C.2/B/W.1-14, and C.2/C/W.1-13
https://exhibits.stanford.edu/gatt/catalog/fy096ms3835
fy096ms3835_90180314.xml
GATT_146
704
4,660
United Nations Nations Unies RESTRICTED CONFERENCE CONFERENCE ON DU E/CONF.2/C.2/B/W.12 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 21 January 1948 ORIGlNAL: ENGLISH SECOND COMMITTEE: COMMERCIAL DEVELOPMENT SUB-COMMITTEE B ON ARTICLE 12 NOTES OF SIXTH MEETING Held on Tuesday, 20 January 1948 at 3.00 p.m. Chairman: J. G. TORRES (Brazil) CONSIDERATION OF REPORT OF WORKlNG PARTY ON ARTICLE 12 The Sub-Committee considered the report of the Working Party on Article 12 (C. 2/B/W.11), which was explained by the delegate for Australia. The delegate for the United States suggested that the Sub-Committee include in its report to Committee II an interpretative note on a question raised by the delegate for Venezuela. After the Venezuelan delegate stated that the note proposed by the United States delegate was satisfactory, the Sub-Committee agreed to the suggestion. The text of the note is as follows: "In response to a question raised by the Delegation of Venezuela, it was agreed during the course of discussion of Article 12 that legislative or constitutional requirements, existing at the time that an inveetment is made and providing for recourse only to national courts, would not in themselves be reviewable pursuant to Chapter VIII. Chapter VIII provides for review by the Organization of whether mullification or impairment of a benefit accruing to a Member under the Charter has taken place, even if the nullification or impairment arises out of a measure completely consistant with the Charter, or "any other situation", even if there is no violation of the Charter, and without involving the power of the Organization to pass or judge upon the validity of the measure itself taken by a Member, or of a decision taken by a Member's national courts." On the proposal of the delegate for Ceylon it was agreed to add the words "whether and" to paragraph 1 (c) (11) of Article 12 so that it reads "to determine whether and to what extent and upon what terms it will allow future foreign investment". The delegate for Mexico proposed the following amendment to paragraph 2 (a) of Article 12: /"(a) Subject E/CONF/2.C.2/B/W.12 Page 2 "(a) Subject to paragraph 1 sub-paragraph (c) of this Article and any agreements entered into under paragraph/1 sub-paragraph (d) to [provide] consider reasonable opportunities for investments acceptable to them and adequate security for existing and future investments and [, as far as possible] to avoid discrimination between foreign investments;" After discussion it was agreed to add the phrase "acceptable to them"' as proposed, but in view of the lack of support for the other two amendments, the Mexican delegate agreed to withdraw them. The delegate for New Zealand raised a question regarding the interpretation of the last phrase of paragraph 2 sub-paragraph (a) which reads "and, as far as possible, to avoid discrimination as between foreign investments;". He felt that it conflicted with the provisions of paragraph1 sub-paragraph (c) (ii). After different interpretations of the meaning of paragraph 2 sub-paragraph (a) were put forward by several Members and several amendments had been suggested to clarify the interpretation of the sub-paragraph, it was agreed that the delegates for Australia, New Zealand, and Sweden should meet informally before the next meeting with a view to submitting an agreed redraft of the sub-paragraph. On the proposal of the delegate for Canada it was agreed that the Sub-Committee's report should state that the phrase "international agreements" referred, to in paragraph 2 sub-paragraph (b), was interpreted to Include the Articles of Agreement of the International Monetary Fund. The delegate for Czechoslovakia raised a question whether a country would be deemed to have fulfilled its obligation to negotiate under paragraph 2 sub-pargraph (b) if it stated at the outset of such negotiations that it was contrary to its national policy to receive direct private Investments and if, as a result of this position, the negotiations were terminated. It was the sense of the Sub-Committee that the provision in question did not involve any obligation to conduct further negotiations with respect to this type of investment if the nation's policy was as stated by the delegate for Czechoslovakia. On the suggestion of the CHAIRMAN it was agreed that the Secretary should. prepare a draft report of the Sub-Committee for consideration at its next meeting.
GATT Library
kk697wj0695
Notes of the Eighteenth Meeting : Held on Saturday, 10 January 1948, 10.30 a.m
United Nations Conference on Trade and Employment, January 13, 1948
Third Committee: Commercial Policy and Third Committee: Commercial Policy Sub-Committee A (Articles 16, 17, 18, 19)
13/01/1948
official documents
E/CONF.2/C.3/A/W 30 and E/CONF.2/C.3/A/W.1-39
https://exhibits.stanford.edu/gatt/catalog/kk697wj0695
kk697wj0695_90190453.xml
GATT_146
851
5,651
United Nations Nations Unies RESTRICTED SIIC5n CONFEREN ENCECONFERCE E/CA/W .?ONF.2/C.33 ON DU 13 January 1948 TRADE AND EMPLOYMENT COMMERCE DE L'ERMPLOI OIGINAL: ENGLISH OMMITTEET CMERC0* COMCIA POLICY SB-CTEOMMITE A (ARTICLES 16, 17, 18, 19) NOTES OF THTHTEENTHE EEIG METING Held on Saturday, 10 January i948,10.30 a.m. Chairman: Dr. GL. A. AMSVELT (Netherlands) ARTICLE 18 - NATIONAL TREATMENT ON INTERNAL TAXATION ANDL REGUATION (Reference: E/CONF.2/C.3/6) "National Treatment" rule; exceptions thereto paragraph 1, first sentence pPaandaAA.arph 5, second part) Item 49 (Colombia) 1. The delegate of Colombia asked the Sub-Committee to consider the following problem. Spirits imported into Colombia were subject both to customs duties and to internal taxes imposed by local authorities who also had a oOPOmoly of the domestic production for revenue purposes. Abolition of these taxes might leave the local authorities without adequate sources or revenue. He was concerned that the Colombian Government, unable for constitutional reasons to require the elimination of such internal taxes, might be subject to challenge by other Members under Article 18. The main purposhe of is delegation's proposals (Items 49 and 54) was to provide a transitional period during which alternative, sources of revenue could be of o.appopriat e--tation legislation passed. he delegates .of -he United States and France suggested that (a) the Colombian proposals were much broader than required to meet the partIcular problem explained by the delegate of Colombia and (b) since it was primarily local, not national, taxes which were causing concern, it might be, possible to find. a solution under Article 99 rather than under Article 18. It was .agreed (a) to refer Item 49 to a Working Group; (b) that the delegate for Colombia would prepare an explanatory statement for the benefit of the Working Party, and (c) to defer further discussion of Item 54.until the delegates of Ireland and Uruguay, whose delegations had submitted similar proposals, could participate in the discussion ? /2. Item 50 E/CONF. 2/C 3/A /W. 30 Page 2 2. Item 50 (Syria and Lebanon) This proposal would preclude the levying of new internal taxes on products bound. in the General Agreement in excess of those applied directly or indirectly to like products of national origin, and would make unbound items subject to the same procedure as customs tariffs. The delegate of Syria explained that it was also their intention to delete the second and third sentences of the first paragraph, primarily because of the difficulties involved. in defining "directly competitive or substitutable products". His delegation 's proposal was designed primarily to permit the retention of existing internal taxes applied by municipal authorities in addition to customs duties on unbound items. The delegate of France suggested that since the taxes cited by the Syrian delegate would have the effect of increasing the customs duties, the would not be precluded by the provisions of Article 18. It might be useful however, to refer to the General Agreement which in paragraph 1 (b) of Article II makes a distinction between ordinary customs duties set forth in the Agreement and other duties or charges on importation existing as of the date of the Agreement. The delegate of the United States supported the statement made by the French delegate on the assumption that the taxes referred to by the Syrian delegate were in effect separate customs duties levied by the municipal authorities. The delegate of Syria was of the opinion that the taxes in question were not customs duties but were in fact separate internal taxes. He agreed, however, that a reference to the General Agreement would help solve part of the problem, but not that contemplated by the proposal to delete the secon and third. sentences of paragraph 1. The Brazilian delegate referred to his previous statement in support of the general principles of the Venezuelan proposal to amend Article -17 (Item 42) which he had preferred to discuss in connection with Article 18 (See Notes of Twelfth meeting, 31 December 1947, E/CONF.2/C.3/A/W.22). He suggested that the Working Party define internal taxes, since this might help resolve the Brazilian point, and reserved his position pending the Working Party's report on the Colombian (Item 49) and. related amendments. The delegate of France recalled that the cases with the Venezuelan delegate had been concerned to cover by his amendment was a limited one involving a release to convert to a customs duty an internal tax on an item bound under an agreement other than the General Agreement on Tariffs and Trade. He proposed that the Sub-Committee ascertain how many such cases there were, what specifiv products were included, and by what treaties they /they were bound, E/CONF. 2/C .3/A /W. 30 Page 3 they were bound, so that the magnitude of the problem would be known. The Cuban and United States delegates supported the French proposal, as amendment by the Australian and United Kingdom delegates and the Chairman, i.e., ?o consult those countries expressing concern with the problem raised by Venezuela, other than parties to the General Agreement, and to refer this problem to the Working Party for study along with all associated issues and all relevant amendments to Article 18.
GATT Library
jp070yn8799
Notes of the Eighth Meeting : Held on Wednesday, 14 January 1948 at 3.00 p.m
United Nations Conference on Trade and Employment, January 14, 1948
Third Committee: Commercial Policy and Sub-Committee E (Articles 20 and 22)
14/01/1948
official documents
E/CONF.2/C.3/E/W.13 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/jp070yn8799
jp070yn8799_90190547.xml
GATT_146
242
1,750
United Nations Nations Unies RESTRICTED CONFERENCE CONFERENCE E/CONF.2/C. 3 /E/W.13 ON DU 14 January 1948 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH THIRD COMMITTEE: COMMERCIAL POLICYC("IvdEOLICY SUB-COMITEE E (ANDRTICLES 20 A 22) NOTES OF EETHE EIGHTH MTING Held on Wednesday, 14 January 1948 at 3.00 p.m. Charms: Dr. J. E. HOLLOWAY (So)uth) frica" (Rce: E/CONF.2/C.3/7) .Iem 1S7Sd Owen) The Suob-Cmmitee agreed that the following words should appear in its reco:rds "The Sub-Committee agreed that the provisions of Article 20: 2c) ( (ii)oowuld cover arrangements under which the Government concerned made temporary sulrpuses of grain available as animal feeding stuffs to smaghlolders and similar categories witloh w standard of living, free of chargoe r at prices below the current market leve"l. The Swedish amendment is therefore withdrawn (see document 2. Item20 (uUrgyua) The resdw no support for this amendment. em 14 (Uruguay) There was insufficient support for this amendment to justify further consideration by the Sub-Committee. 4. Amendment of Ireland (E/CONF./C.3/E/W.6) The delegate of Ireland withdrew this amendment after some delegates had pointed out that sub-paragraph 2 (c) (ii) does not refer to seasonal surpluses. 5. Item 3 (China and Lebanon) The delegate of China maintained his reservation pending a decision on Items 1 and 2. 6. Item 4 (Cuba) There was no support for this amendment. 7. Item 24 (Geneva Draft Note) This note was referred to Working Party No. 6 which is considering the amendment of Chile (Item 23).
GATT Library
mw401gd8207
Notes of the Fifteenth Meeting : Held on Tuesday, 6 January 1948, 3.00 p.m
United Nations Conference on Trade and Employment, January 7, 1948
Third Committee: Commercial Policy and Third Committee: Commercial Policy Sub-Committee A (Articles 16, 17, 18, 19)
07/01/1948
official documents
E/CONF.2/C.3/A/W.27 and E/CONF.2/C.3/A/W.1-39
https://exhibits.stanford.edu/gatt/catalog/mw401gd8207
mw401gd8207_90190449.xml
GATT_146
1,275
8,304
United Nations Nations Unies RESTRICTED CONFERENCE CONFERENCE E/CONF.2/C.3/A/W.27 ON DU 7 January 1948 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH THIRD COMMITTEE: COMMERCIAL POLICY SUB-COMMITTEE A (ARTICLES 16, 17, 18, 19) NOTES OF THE FIFTEENTH MEETING Held on Tuesday, 6 January 1948, 3.00 p.m. Chairman: Dr. G. A. LAMSVELT (Netherlands) Agenda Item 1 - Failure to negotiate; role of Organization (Tariff Committee) Items 39 and 43 (Peru) - Continuation of discussion. The delegate for the United States pointed out that Article 17 could have provided either for a flat percentage reduction in tariffs or for reductions by selective negotiations. The former would have been self-enforcing, but the negotiating method being more acceptable was chosen. It vas therefore necessary to include the provisions set forth in paragraph 2. The amendments proposed, i.e., to make the Tariff Committee a recommendatory body and to providee for an appeal to the Conference, would place Members not having negotiated pursuant to Article 17 in a position to decide whether or not Members already having negotiated were entitled to withhold concessions. Direct appeal to the Conference would make it almost certain that Turiff Committee decisions would not be upheld because of the common interest among the majority of the Members of the Conference, not yet parties to the General Agreement, at least during the early years of the Organization. He could not agree to the proposal to provide for direct appeal from Tariff Committee decisions to the Conference. However, his interpretation was that under the present draft Charter (Articles 89 and 90), although Members could not appeal decisions of the Tariff Committee, as such, to the Conference and obtain an order against the Member acting pursuant to a Tariff Committee decision, a Member could appeal to the Conference an the basis of action arising out of a Tariff Committee decision and, if the Conference concurred, that Member could be released from its obligations under the Charter to the Member acting pursuant to the Tariff Committee decision. The delegate of China favoured providing some method of appeal from Tariff Committee decisions. From the long range point of view, when all Members of the ITO would have become parties to the General Agreement, there /could, in his view, E/CONF.2/C 3/A/W. 27 Page 2 could; in his view, be no objection to direct appeals from Tariff Committee decisions to the Conference. The delegate of Australia pointed out that the purpose of paragraph 2 was to provide some protection to Members already having made substantial concessions in negotiations pursuant to Article 17 (which had bean generalized to all Members under Article 16) vis-a-vis Members who might fail to fulfill their obligations under Article 17. In his view Article 17 gave considerable protection to new Members, (e.g., the mutually advantageous and selective character of negotiations, recognition of the binding of low tariffs as a concession, etc.) whereas the sole protection for parties to the General Agreement was the procedure set forth in paragraph 2. Even under paragraph 2 parties to the General Agreement would have to continue to extend benefits to Members delinquent in fulfilling their obligations under paragraph 1 unless the Tariff Committee ruled otherwise. His delegation could not accept any material changes in paragraph 2 as drafted. The delegate for Peru explained that the principal aim of his delegation's amendments was to establish equality of rights for all negotiators whether parties or non-parties to the General Agreement. Under the present draft of paragraph 2, Members of the Tariff Committee in making a determination would, as previously pointed out, be acting simultaneously as parties to the case and in the capacity of judges. The position of parties to the General Agreement would be strengthened by being Members of the Tariff Committee all of whom would be bound by common interests. If no agreement was reached in negotiations between a new Member and Members parties to the General Agreement, the new Member would'be in danger of having the advantages accruing to it as a matter of right under Article 16 wthdrawn, as well as of forfeiting possible new concessions. In his view, the Tariff Committee should have investigatory and recomendatory powers only, after which 'the case should be referred to the executivee Board for a decision. The Executive Board, composed both of parties and non-parties to the General Agreement, and based on a fair geographical distribution, would be in a better position than the Tariff Committee to make an impartial judgment and to defend the interests of the Organization as a wihole. Further, the appeal provisions of Chapter VIII should be made expressly applicable to cases arising under paragraph 2 of Article 17. The delegate for France pointed out that the negotiations in Geneva had 'succeeded because they were conducted under flexible rules. No attempt had been made to agree in advance all the legal and procedural aspects,.There appeared to be two alternatives: (1) either Article 16 could be deleted / and Article 17 E/CONF. 2/C.3/A/W.27 Page 3 and Article 17 redrafted in accordance with the amendments under discussion, or (2) Article 16 could be retained, along with an undertaking on the part of new Members to enter into negotiations as in Article 17. The General Agreement countries could not accept Article 16 in its present form without Article 17. Members having granted important concessions in previous negotiations pursuant to Article 17, and having received no counterpart, must have the right to withhold those concessions, with the Organization's approval from Members not fulfilling their obligations under paragraph 1 of Article 17. The generalization of existing concessions under Article 16 was not unconditional, but was modified by the provisions of Article 17. Even assuming the General Agreement countries were prepared to agree that Article 1?? should become applicable only after all Members had negotiated pursuant to Article 17, this would be disadvantageous to new Members in that they would not automatically receive upon joining the Organization benefits by reason of the most-favoured-nation clause. He believed the General Agreement countries had demonstrated their ability to negotiate and their reasonableness during negotiations in Geneva. He cited the experience of France. One country with which France was negotiating withdrew its offers at the last moment, another made no substantial offers, no agreement could be reached with a third, and one paid a very small entrance fee - yet all these countries were permitted to become parties to the General Agreement. Although the obligation to negotiate under Article 17 binds both parties and non-parties to the General Agreement, three possible s??tuations may arise: (1) new Members may refuse to negotiate while claiming the right to maintain concessions received under Article 16; (2) offers made by parties to the General Agreement may be considered insufficient by new Members; (3) parties to the General Agreement many refuse to negotiate on the grounds that concessions already made are sufficient. It was necessary to designate some organ to make a decision in such cases. In his view the Tariff Committee rather than the Conference should be the arbitrator bacause, at least in the beginning, the Conference would not be an impartial body in this respect. He reiterated his previous proposal that a form of appeal could be provided for by which a Member would have recourse to arbitration if it felt that the other parties to the negotiations had not acted justly. Such an appeal could best be to the International Court of Justice under Article 91. In his view this was a much better solution than deleting Article 16, which would be disadvantageous to new Members, or redrafting Article 17, which would put the General Agreement countries in an untenable position .
GATT Library
kr725dx5175
Notes of the First Meeting : Held at Havana, Cuba, on Wednesday, 7 January 1948 at 4.00 p.m
United Nations Conference on Trade and Employment, January 8, 1948
Third Committee: Commercial Policy and Sub-Committee H (Section C)
08/01/1948
official documents
E/CONF.2/C.3/H/W.1 and E/CONF.2/C.3/F/W.31/REV.2-32/G/W.1-13/H/W.1-9
https://exhibits.stanford.edu/gatt/catalog/kr725dx5175
kr725dx5175_90190617.xml
GATT_146
528
3,527
United Nations Nations Unies RESTRICTED CONFERENCE CONFERENCE 8 Januay 1948 ON DU ORIGINAL: ENGLISH TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI THIRD COMMITTEE: COMMERCIAL POLICY SUB-COMITTEE 'H' ON SECTION C - SUBSIDIES NOTES OF THE FIRST MEETING Hold at Havana, Cuba, on Wednesday, 7 January 1948 at 4.00 p.m. 1. Election of Chairman Mr. E. McCARTHY (Australia) was elected Chairman. 2, Article 25 (a) The Cuban proposal to insert the words "direct or indirect" after the word "subsidy" in line 2 was discussed. The Cuban delegation was concerned that the method of assisting home production by means of tax remission - the only form of subsidy which Cuba can afford - should be covered by Article 25. In the course of discussion, attention was drawn to Article 18 which forbids the discriminatory application of internal taxes to imported products. It was considered that tax remission under Section C, as a method of price support for domestic producers, must not conflict with the non-discriminatory provisions of Article 18. It was falt that tie substance of the Cuban amendment was covered by Article 25 of the present text and that acceptance of the amendment would involve practical complications. The Cuban delegate agreed to withdraw the amendment on the understanding that an appropriate note, agreed by the Cuban delegation, be included in the Sub-Committee's Report to the effect that the intentions of the amendment were covered by the existing text. This was agreed. (b) The United States amendment, to add the words ",maintain or" and replace the word "reduce" by "restrict" in the first sentence, was discussed, It was argued that a Member's subsidy might affect total trade .n a commodity without increasing the Member's exports or reducing its imports. In such circumstances the subsidy migt offset the effect of negotiated tariff concessions. /Against the E/CONF.2/C.3/H/W.1 Page 2 Against the amendment it was argued that Article 25 referred implicitly to the time of a Member's entry into ITO; the amendment might therefore be interpreted as applying to trade at that time and involving Judgement on what might have been the trade position in the absence of the subsidy. To meet objections to the word "restrict", the phrase "reduce, or prevent an increase in" was suggested. The CHAIRMAN established that the sense of the meeting was in favour of the following text: which operates directly or indirectly to maintain or increase exports of any product from, or to reduce, or prevent an increase in, imports of any product into. (c) The United States proposal, to introduce the phrase "a Member considers" instead of the determination by the Organization,, was discussed. Several delegations supported the amendment on the grounds that it would expedite procedure and also that it was consistent with similar changes made in Chapter VI. Objections were raised, however, to the explanatory note by the United States delegation because it stated that "determinations" would be made by the complaining Member. Doubts were also expressed about waiving determinations by the Organization in this instance, although it was pointed out that the possibility of consultation with the Organization still remained in the-Article. A decision on the amendment was deferred until the next meeting,
GATT Library
yw744rh1752
Notes of the First Meeting : Held on Monday, 5 January 1948 at 10.30 a.m
United Nations Conference on Trade and Employment, January 5, 1948
Third Committee: Commercial Policy and Sub-Committee E (Articles 20 and 22)
05/01/1948
official documents
E/CONF.2/C.3/E/W.1 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/yw744rh1752
yw744rh1752_90190534.xml
GATT_146
124
967
United Nations Nations Unies RESTRICTED E /CONF.2/C. 3/E/W.1 CONFERENCE CONFERENCE 5 January 1948 ON DU ORIGINAL: ENGLISH TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI THIRD COMMITTEE: COMMERCIAL POLICY SUB-COMMITEE E (ARTICLES 20 AND 22) NOTES OF THE FIRST MEETING Held on Monday, 5 January 1948 at 10.30 a.m. Chairman: Dr. J. E. HOLLOWAY (South Africa) (Reference: E/CONF. 2/C. 3/7) 1. Election of Chairman Dr. J. E. HOLLOWAY (South Africa) was unanimously elected Chairman of the sub-committee. 2. Item 26 After discussion the sub-committee rejected the proposal of Ceylon to delete Article 20. 3. Items 1 and 2 The sub-committee considered the amendments proposed by Chile and Argentina. The discussion will be continued at the next meeting at 10.30 a.m. on Tuesday, 6 January 1948.
GATT Library
ft018gc8991
Notes of the Fourth Meeting : Held on Monday,12 January 1948 at 6.00 p.m
United Nations Conference on Trade and Employment, January 13, 1948
Third Committee: Commercial Policy and Sub-Committee F (Articles 21, 23 and 24)
13/01/1948
official documents
E/CONF.2/C.3/F/W.12 and E/CONF.2/C.3/F/W.1-31/REV.2
https://exhibits.stanford.edu/gatt/catalog/ft018gc8991
ft018gc8991_90190573.xml
GATT_146
377
2,603
United Nations Nations Unies RESTRICTED CONFERENCE CONFERENCE E/CONF .2/C.3/F/W.12 ON DU 13 January 1948 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH THIRD COMMITTEE: COMMERCIAL POLICY SUB-COMMITTEE F (ARTICLES 21, 23 AND 24) NOTES OF THE FOURTH MEETING Held on Monday, 12 January 1948 at 6.00 p.m. Chairman: J. MELANDER (Norway) (Reference: E/CONF.2/C.3/7) ARTICLE 21 RESTRICTIONS TO SAFEGUARD THE BALANCE OF PAYMENTS The delegate of Belgium made a statement in support of his proposed amendment to Articles 21 and 23 (see C.3/F/W.6). His remarks are being circulated separately. General comments on the statement and proposed amendments were made by several delegates It was agreed to defer detailed consideration of the specific amendments to Article 21 proposed by Belgium until Members of the Sub-Committee had time for further study. Items 28, 33, 44 and 46 were deferred for consideration at the next meeting. Item 35 (Denmark) The Sub-Committee agreed to the wording of the sentence in paragraph 3 (b) beginning "Such a Member may experience..." as submitted by a Working Party in document C.3/F/W.9. The delegate of the United Kingdom explained that the relationship of paragraph 3 (b) to certain provisions of Article 20 was under consideration by Sub-Committee E of Committee III and that such consideration might lead to requests for a further revision of paragraph 3 (b). Item 36 (Geneva Draft Note) The Sub-Committee agreed to the proposed deletion of the introductory words of subparagraph 3 (b) (i): "Notwithstanding the provisions of paragraph 2 of this Article" as well as of the interpretative footnote relating to these words which appears on page 21 of the Geneva Draft. Item 38 (Argentina) The Sub-Committee considered the report of a Working Party on the last three lines of paragraph 3 (c) (ii) (see C.3/F/W.10). The text of the last /three lines E/CONF.2/C.3/F/W.12 Page 2 three lines of paragraph 3 (c) (ii) as approved by the Sub-Committee reads as follows: "...or prevent the importation of such minimum quantities of a product as may be necessary to obtain and maintain patent, trademark, copyright or similar rights under industrial or intellectual property laws; and...". ARTICLE 23 - EXCEPTIONS TO THE RULE OF NON-DISCRIMINATION. The Sub-Committee entered into preliminary discussion of paragraph 1 (b) (i) and (ii) of the amendment proposed thereto.
GATT Library
kx025yf9634
Notes of the Fourth Meeting : Held on Thursday, 9 January 1948 at 5.45 p.m
United Nations Conference on Trade and Employment, January 9, 1948
Third Committee: Commercial Policy and Sub-Committee E (Articles 20 and 22)
09/01/1948
official documents
E/CONF.2/C.3/E/W.4 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/kx025yf9634
kx025yf9634_90190537.xml
GATT_146
195
1,402
United Nations Nations Unies RESTRICTED CONFERENCE CONFERENCE E/CONF.2/C.3/E/W.4 9 January 1948 ON DU TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH THIRD COMMITTEE: COMMERCIAL POLICY SUB-COMMITTEE E (ARTICIES 20 AND 22) NOTES OF THE FOURTH MEETING Held on Thursday, 9 January 1948 at 5.45 p.m. Chairman: Dr. J. E. HOLLOWAY (South Africa) (Reference: E/CONF.2/C. 3/7) ARTICLE 20 - GENERAL ELIMINATION OF QUANTITATIVE RESTICTIONS 1. Item 11 (Peru) A lengthy discussion took place on the Peruvian amendment to delete sub-paragraph (c) of paragraph 2 of Article 20. Insufficient support was forthcoming for the proposal to justify a recommendation by the Sub-Committee that the sub-paragraph be deleted. 2. Item 18 (Ireland) After an extensive debate the Sub-Committee agreed that it could not recommend the adoption of the amendment of the delegation of Ireland. 3. Item 17 (Sweden) There was some discussion as to whether the change in the wording of paragraph 2 (a) (ii) proposed by the delegation of Sweden was merely a drafting amendment or whether it altered materially the substence of the sub-paragraph. It was agreed that the delegates of Sweden and the United Kingdom should confer with a view to resolving this question.
GATT Library
ws171sp0737
Notes of the Nineteenth Meeting : Held on Monday, 12 January 1948, at 3.00 p.m
United Nations Conference on Trade and Employment, January 14, 1948
Third Committee: Commercial Policy and Third Committee: Commercial Policy Sub-Committee A (Articles 16, 17, 18, 19)
14/01/1948
official documents
E/CONF.2/C.3/A/W.31 and E/CONF.2/C.3/A/W.1-39
https://exhibits.stanford.edu/gatt/catalog/ws171sp0737
ws171sp0737_90190454.xml
GATT_146
1,127
7,394
United Nations Nations Unies RESTRICTED CONFERENCE CONFERENCE E/CONF.2/C.3/A/ W.31 ON DU 14 January 1948 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH THIRD COMMITTEE: COMMERCIAL POLICY SUB-COMMIT A (ARTlCLES 16, 17, 18, 19) NOTES OF THE NINETEENTH MEETING Held on Monday, 12 January 1948, at 3.00 p.m. Chairman: Dr. G. A. LAMSVELT (Netherlands) ARTICLE 18 - NATIONAL TREATMENT ON INTERNAL ON TAXATION AND REGULATION "National Treatment" rule; exceptions thereto (paragraph 1 and paragraph 5 second part) The Chairman indicated his intention to establish a Working Party, consisting of the delegates of Colombia, France, Norway, United Kingdom and United States, to consider all proposals relating to Article 18 on which no final decision was reached in the Sub-Committee (with the exception of amendments relating to transportation under paragraph 2). This was agreed, with the addition of the delegate of Peru as a member of the Working Party on the suggestion of the delegate of Mexico. Item 54 - (Colombia) (Ireland) (Uruguay) The delegate of Colombia explained the purpose of this proposal in connection with the Sub-Committee's discussion of Item 49 (See Notes of Eighteenth Meeting, 10 January 1948, E/CONF.2/C.3/A/W.30). The Uruguayan delegation was not represented at the meeting. The delegate for Ireland explained that the purpose of his delegation's proposal was to provide for the elimination of existing differential internal taxes by mutually advantageous negotiations. The only specific case with which his delegation was concerned was that of an existing differential internal tax on imported motorcars. While the tariff on motorcars was not bound in any existing agreement, it was subject to an understanding under Ireland's Trade Agreement with the United Kingdom by which any proposed changes would be subject to review. Conversion of the existing tax to a custom tariff would also involve certain administrative difficulties in that the ax was colIected by local authorities who would have to be reimbursed for any loss revenue. The delegate of the United Kingdom stated that his delelegation would be prepared to discuss with the Irish delegation any difficuIties arising out of the United Kingdom-Ireland Trade Agreement with a view to reaching some /agreement E/CONF.2/ C. 3/A/W. 31 Page 2 agreement before the Charter came into force. It was agreed to refer Item 54 to the Working Party on the understanding that an effort would be made to find a solution for the particular cases with which the Colombian and Irish delegations were concerned, without impairing the principle of Article 18. Items 50 and 51 - (Syria and Lebanon) (China) The Chinese delegate objected to the inclusion of the second part of paragraph 1 on the grounds that this provision as drafted (a) constituted a modification of the principle of "National Treatment" established in the first sentence of the paragraph; (b) would be difficult to interpret and likely to cause disputes; (c) was so vague that it might constitute an unknown limitation on the taxing power of the country accepting it. In his ?? if a Member evaded a tariff concession made to another Member by imposing a compensatory internal tax, ?couse would in ?zf.d in a:- vent be available under Article 89. However, if the obligation intended to be established by the second part of paragraph 1 could be defined clearly and legally, he could agree to it. The delegate of France agreed with the principle intended to be established by the second part of paragraph 1. Nevertheless, he believed the present formulation might cause serious practical difficulties resulting in the limitation of a Member's fiscal regulations or iin the inparment of the value to another Member of an existing tariff concession. Even if the second part were deletedoul, riecourse wd, n his view, be available to an effected Member under Art ??>icles 89 an provided it could prove that the value of tariff concessions had been impaired. The delegate for France suggested the following wording which he believed would confine the issue to the real point, i. e., possible impairment of the value of tariff concessions, for inclusion: (a) in the text of Article 18; (b) as an Interpretative Note to the Charter; or (c) in the General Agreement on Tariffs and Trade. "If Member considers that a. triff' cincession Is mpaired by the existence in emanother Mber countrey of diffnrential iternal taxes on an imported product and a directlyv competite or subbtitutable product, the sole object of which is to afford protection to the domestic productit on of thaproduct, the Member shall be entitled to ask the other Member to enter into negotiations under Article 17 for the reduction or elimination of the differential tax in the manner provided for in respect of tariffs and preferences." /The delegate E/CONF .2/C .3/A/W.31 Page 3 The delegate of the United States disagreed with the delegate of France that this provision should be confined to scheduled items. The delegates of the United States, United Kingdom and Brazil considered that the provision contained in the second part of paragraph 1 was a necessary complement to the "National Treatment" rule established in the first sentence, but had no objection to its being reformulated in any suitable language which would accomplish the intended purpose. The United Kingdom delegate pointed out that although the situation envisaged by this provision might not be susceptible of precise definition, in practice it would be easily recognizable. The delegate of Cuba, while agreeing in principle with the provision under discussion, believed that unless this provision could be more precisely formulated it would be preferable to delete it. The delegate of Australia pointed out that the General Agreement in Article II recognized the right of contracting parties to use supplementary tariffs or charges, additional to customs duties, and suggested that the issue might be solved by a reference to the relevant provisions of the General Agreement. The Sub-Commiittee agree that the principles established by the second part of paragraph I should be retained, subject to reformulation by the Working Group. Item 65 - (Argentina) The delegate of Argentina, while not disagreeing with the basic principles enunciated in Article 18, believed that an equitable solution must be found for the particular problems facing individual countries, Argentina was faced with two problems: (a) existing differential internal taxes essential for local revenue purposes, and (b) existing internal quantitative regulations for the protection of industries essential to the national interest. It was suggested that the first problem referred to by Argentina was similar to that contemplated by the Colombian amendments (Items 49 and 54) and could be referred to the Working Group, and that the second problem involved protection within the terms of Article 13 and should be referred to the Committee responsible for that Article. It was agreed to discuss the Argentina proposal further at the beginning of the next meeting.
GATT Library
zr932gg6380
Notes of the Seventeenth Meeting : Held on Friday,9 January 1948,10.30 a.m
United Nations Conference on Trade and Employment, January 12, 1948
Third Committee: Commercial Policy and Sub-Committee A (Articles 16, 17, 18, 19)
12/01/1948
official documents
E/CONF.2/C.3/A/W.29 and E/CONF.2/C.3/A/W.1-39
https://exhibits.stanford.edu/gatt/catalog/zr932gg6380
zr932gg6380_90190451.xml
GATT_146
939
6,163
United Nations Nations Unies RESTRICTED CONFERENCE CONFERENCE E/CONF.2/C.3/A/W. 29 ON DU . 12 January 1948 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH U RTD CMMITTEEQO' COMERMWrAL POLICY USB-CMMIOTTE A (ARTICLES 16, 17, 18 NAD 19) NOEST O F THE SEVNTEENTH BMETEING Held on Friday, 9 January 1948, 10.30 a.m. Chairman: Dr. G. A. LAMSVELT (Netherlands) ARTILCE 17 ERUDCTION OF TARFFSF AND LEIIMNATIONO F PREERENCESF 1. .The procedure suggested by the Chairman (Working Paper, 8 January) was agreed, including the recommendation that?? Sub-Committee submit for information an interim report on/Article 17 to the Chairman of Committee III, the Sub-Committee of Committee VI on Article 81 (which has suspended its meetings pending availability of Sub-Committee '?A report o n rticle 17), and to the Sub-oOmmittee of Committee VI on Chapter VIII( Articles 89 - 92.) 2. Agenda Item 1 - Relationship of new or existing bilateral agreements to obligations under Article 17 Items 45 and 47 (Norway and Geneva Note) The Sub-CommitteE arReed that the substance of the Norwegian proposal n the Geneva Note should be incorporated into the text of Article 17, at the end of sub-paragraph 1 (d), even though Article 17 as drafted would not Ppeclude Members from concluding new, or maintaining existing, bilateral agreements not incorporated into the General Agreement on Tariffs and Tarde. Some members of the Committee proposed that a reference to the "provisions of the Charter" be substituted for the reference in tehN ote to the "provisions of Article 17." The Sub-Committee reached substantial agreement, however, that the reference to the provisions of Article 17 should e areained, since the main reason for maintaining the substance of the Note was to specify that such bilateral agreements should be consistent witki the relevant provisions of Article 17, Most Members of the Sub-Ccmimttee felt that if a reference to the relevant prosviions of Article 17 was not retained, the effect would be that Members might have to grant to non-Members under Article 93 all the benfeits ofa ny such bilateral agreements. These Members felt that retention /of the substance E/CONF.2/C .3/A/W.?9 Page 2. of the substance of the note in Article 17 would not, in any case, prejudge the decision as to the final form of Article 93 relating to relations between Members and non-Members.bers. Most Members of the Sub-Committee felt that the substance of the Norwegian proposal and the Geneva Note was relevant only to the provisions of sub-paragraph 1 (a) relating to negotiations for the reduction or elimination of margins of preference. There ?was ame difference of opinion as to whether it was necessary to retain the reference to the generalization of concessions made by a Member under such bilateral agreements in accordance with Article 16. A number of suggestions were made as to the appropriate wording to be-incorporated into the text, as follows; (1) The delegate of Cuba suggested that if it were agreed that the substance of the note was. relevant only to the provisions of sub-paragraph 1 (a) relating to negotiations on margins of preference, specific reference should be made uto "sagb-parraph. 1 (a)" .rather than to "the relevant provisions.of this Article." (2) e Todelegate for Peru suggested the following: "As far as this Article is concerned, Members may conclude or maintain existing bilateral tariagrfa eements which are not incorporated in the General Agreement on Tariffs and Trade, provided that sgrbuch eements are consistent with the relevant provisions of this Article". (3) The delegate of France proposed the following: 'The provisions of b-paragraph I (a) above shall al ?p/so .y in any bilateral agreement which may be negotiated byM a mber and which may not be incorporated into the General Agreement". It was agreed that the Working Party should draft appropriate wording for incorporation into the text, taking into consideration the various suggestions made. 3. Agenda Item 2 - Relationship of negotiations leading to General Agreement on Tariffs and Trade to obligations under Article 17 Item 44 (United States) The United States proposal was agreed in principle and referred to the Working Party to be redrafted. 4. The delegate ±or Mexico proposed that sub-paragraph 1 (d) be. amended to provide that the general provisions of the General Agrmeeent on Tariffs and Trade would be modified. in accordance wi ththe comparable provisions of the Charter. The delegates for thUe nited States and France pointed out that under Article XXIX of the general Agreement, the contracting parties would meet at an early date to consider any difficulties arising out of the /supercession of E/CONF.2/C.3/A/W. 29 Page 3 supercession of the provisions of the General Agreement by the corresponding provisions of the Charter. The assumption was that there would be no discrepancy between the text of the general provisions of the General Agreement and the corresponding provisions of the Charter. In any case non-parties to the General Agreement would know the decision of the contracting parties prior to having to take the necessary legislative action to accept the Charter. The United States delegates suggested that the contracting parties might be able to meet for this purpose prior to leaving Havana. The French delegate suggested that this question be reverted to at the end of the Conference to see whether it would be necessary to modify Article 17. The Mexican delegate reserved his position regarding paragraph 1 (d) until a decision was reached in this matter. It was agreed that the Working Party should consider this problem. The delegate for Brazil reserved his position regarding Articles 16 and 17, mainly sub-paragraph 1 (a) of Article 17, pending completion of the discussion in the Joint Sub-Committee of Committees II and III on quota preferences.
GATT Library
vz514hv1914
Notes of the Seventh Meeting : Held on Thursday, 22 January 1948, at 6.00 p.m
United Nations Conference on Trade and Employment, January 23, 1948
Second Committee: Economic Development and Sub-Committee B (Article 12)
23/01/1948
official documents
E/CONF.2/C.2/B/W.14, E/CONF.2/C.2/B/W.1-14, and C.2/C/W.1-13
https://exhibits.stanford.edu/gatt/catalog/vz514hv1914
vz514hv1914_90180316.xml
GATT_146
273
1,882
United Nations Nations Unies RESTRICTED E/CONF.2/C.2/B/2.14 CONFERENCE CONFERENCE 23 January 1948 ON DU TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH SECOND COMMITTEE: ECONOMIC DEVELOPMENT SUB-COMMITTEE B ON ARTICLE 12 NOTES OF THE SEVENTH MEETING Held on Thursday, 22 January 1948, at 6.00 p.m. Chairman: Mr. J. GARRIDO TORRES (Brazil) CONSIDERATION OF DRAFT REPORT ON ARTICLE 12 The Sub-Committee considered its draft repert to Commrt to Committee II on Article 12 (C.2/B/W.13). The delegate. from New Zealand stated that the delegates of Australia, New Zealand and Sweden had met, as decided at the Sixth Meeting, and had agreed on a revision to paragraph 2 sub-parargraph (a) which appeared on page 3 of the drafHt report. e stated that they had also considered an extension of the revision of sub-parag11)raph (a) () of paragraph 2 to cover national as well as most-favoured-nation treatment and were prepared to recommend that the sub-paragraph in question read as follows: "give due regard to the desirability of avoiding discrimination with respect to investments". This suggestion was not accepted, and it was decided to include sub-paragraph (a) of paragraph 2 in the form first recommended by the delegates of Australia, Brazil and New Zealand. The Sub-Committee agreed to include in its report a statement proposed by the delegate of Chile relating to certain amendments which he had submitted to-Article 12. The delegate of India stated thoat he had nt yet been advised by his Government regarding the reservation of the Indian delegation on paragraph 2 and wished this reservation to be maintained in the report. With the changes indicated above, the report was unanimously approved by the Sub-Committee.
GATT Library
hm074mc1056
Notes of the Twentieth Meeting : Held on Tuesday,13 January 1948, 6.00 p.m
United Nations Conference on Trade and Employment, January 14, 1948
Third Committee: Commercial Policy and Third Committee: Commercial Policy Sub-Committee A (Articles 16, 17, 18, 19)
14/01/1948
official documents
E/CONF.2/C.3/A/W.32 and E/CONF.2/C.3/A/W.1-39
https://exhibits.stanford.edu/gatt/catalog/hm074mc1056
hm074mc1056_90190455.xml
GATT_146
693
4,595
United Nations Nations Unies CONFERENCE E/CONF.2/C.3/A/ CONFERENCE CONFERENCE W32 ON DU 14 January 1948 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI THIRD COMMITTEE : COMMERCIAL POLICY SUB-COMMITTEE A (ARTICLES 16, 17, 18, 19) NOTES OF THE TWENTIETH MEETING Held on Tuesday, 13 January 1948, 6.00 p.m. (Reference: E/CONF.2/C .3/6) ARTICLE 18 - NATIONAL TREATMENT ON INTERNAL TAXATION AND REGULATION "National Treatment" rule, exceptions thereto (paragraph 1 and paragraph 5, second part) Item 65 - (Argentina) The Chaiman requested that discussion of the Argentinian amendment be limited to its effect on paragraph 1 of Article 18. The Argentinian delegate indicated that he would be prepared to withdraw his amendment if the Colombian amendments (Items 49 and 54) (which were analogous in intent to his proposal) were accepted or a suitable solution found for the particular problem to which he had previously referred (see Notes of Nineteenth Meeting, 12 January 1948, E/CONF.2/C.3/A/W.31); otherwise he vould reserve his right to maintain the amendment. It iwas agreed to refer Item 65 insofar as it related to paragraph 1 of Article 18 to the Working Party for consideration along with Items 49 and 54. Item 56 - (Peru) (E/C0NF.2/C.3/6/Add.2) The Peruvian delegate pointed out (a) that Committee III had agreed that exemptions from import duties on equipment or materials would not be contrary to the provisions of Article 18 which related purely to internal taxes (E/CONF.2/C .3/SR.11/Corr.1) , and (b) that Sub-Committee H of Committee III (Article 25) had implied that exemptions from income taxes would constitute a form of subsidy permissible under Article 25 and therefore not precluded by Article 18. If this interpretation were accepted, his delegation would withdraw its amendments. It was agreed by the Sub-Committee that neither exemptions from duties nor from income taxes came within the terms of Article 18 since this /Article refers E/CONF .2/C .3/A/W.32 Page 2 Article refers specifically to internal taxes on products. The delegate of Mexico proposed an exception to Article 18 to permit exemptions from internal taxes for development purposes. It was agreed to defer discussion of the Mexican proposal until the text was available. Item 75 - (Cuba) There was no substantial support for the Cuban proposal, on the grounds that exemption of domestic products from internal taxes as a means of indirect subsidization would open a way for an increase in the margin of protection even on bound items, thereby nullifying existing concessions, and could invalidate the "National Treatment" rule established in paragraph 1 of Article 18. Item 53 - (Sweden) The Swedish delegate explained that the main purpose of his delegation's proposal was to ensure equal treatment with respect to like domestic and imported products, irrespective of whether the domestic product was composed primarily of domestic or imported raw materials. He indicated that he would be prepared to withdraw his amendment if it were made clear in the Sub-Committee's report that the term "of national origin" in the first sentence of paragraph 1 was interpreted in this manner. The delegate of France, supported by the delegate of China, agreed that the words "of national origin" could be deleted because the point was covered by the term "domestic production". The delegate of the United States was of the opinion that if a product involved only a limited amount of processing, the source of the raw materials should be taken into consideration. The delegate of New Zealand pointed out that the text in interpreting this clause should be whether or not any protection was afforded. He suggested that the difficulty might be solved by amending the first sentence to read " ..... to like products of [niational] domestic origin" and deleting the term "of national origin" in the second sentence. The delegate of Norway agreed that the basic concept of Article 18 was to eliminate protection by the use of differential internal taxation but pointed out that the first sentence of the paragraph contained no reference to protection. He suggested that the whole paragraph might be redrafted with this point in mind. It was agreed that Item 53 involved primarily a drafting point, not a question of substance, and should be referred to the Working Party.