source
stringclasses 1
value | document_id
stringlengths 11
11
| title
stringlengths 4
531
| short_title
stringlengths 0
109
| author
stringclasses 941
values | date
stringlengths 3
10
| type_of_document
stringclasses 5
values | identifier
stringlengths 0
1.19k
| link
stringlengths 54
54
| file
stringlengths 0
25
| folder
stringclasses 157
values | word_count
int64 0
373k
| character_count
int64 0
3.12M
| text
stringlengths 0
3.12M
|
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
GATT Library | rt933bw5690 | Second Committee: Economic Development. Agenda for the Eighteenth Meeting : To be held on 29 January 1948, at 3.00 p.m | United Nations Conference on Trade and Employment, January 27, 1948 | 27/01/1948 | official documents | E/CONF.2/C.2/32 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/rt933bw5690 | rt933bw5690_90040225.xml | GATT_147 | 102 | 691 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E /CONF.2 /C . 2 /32
27 January 1948
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
AGENDA FOR THE EIGHTEENTH MEETlNG
To be Held on 29 January 1948, At 3.00 p.m.
Continuation of consideration of the Report of Sub-Committee B on
Article 12. (Documents E/CONF .2/C. 2/29 and E/CONF. 2/C.2/31).
DEUXIEME COMMISSION: DEVELOPPEMENT ECONOMIQUE
ORDRE DU JOUR DE LA DIX-HUITIEME SEANCE
qui se tiendra le 29 janvier 1948 à 15 heures
Suite de l'examen du Rapport de la Sous-Commission B sur l'Article
12. (Documents E/CONF.2/C.2/29 et E/CONF.2/C.2/31). |
|
GATT Library | jp242jz9544 | Second Committee: Economic Development. Agenda for Twentieth Meeting : To be held Monday, 16 February 1948 at 10.30 a.m | United Nations Conference on Trade and Employment, February 14, 1948 | 14/02/1948 | official documents | E/CONF.2/C.2/37 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/jp242jz9544 | jp242jz9544_90040232.xml | GATT_147 | 148 | 997 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C.2/37
14 February 1948
ENGLISH - FRENCH
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVOPMENT
AGENDA FOR TWENTIETH MEETING
To be Hold Monday, 16 February 1948 at 10.30 a.m.
1. Consideration of Report of Joint Sub-Committee of Committees II and VI
an Articles 9, 10 and 11. (E/C0NF.2/C.2/36)
2. Consideraticn of Report of Sub-Committee D on footnote to Chapter III
on "Reconstruction" (E/CONF.2/C.2/35)
DEUXIEME COMMSSION: DEVELOPMENT ECONOMIQUE
ORDRE DU JOUR DE LA VINGTIEME SEANCE
qui so tiendra le lundi 16 févnreor 1948 à 10 h. 30
1. Examen du rapport de al Sous-Cmmosision mixto des Deuxième Sixième
Commissions charége de l'examen des articles 9, 10 et 11 (E/CON..2/
C2/36).
2. Examen du rapport ed la Sous-Commssion D charéeg ed l'examen de la
note relative à la" reconstruction" figurant au chaiptre III.
(E/CONF. 2/.C 2/35). |
|
GATT Library | zb890vp4833 | Second Committee: Economic Development. Agenda for Twenty first Meeting : To be held Wednesday, 18 Februaya 1948 at 10.30 a.m | United Nations Conference on Trade and Employment, February 16, 1948 | 16/02/1948 | official documents | E/CONF.2/C.2/38 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/zb890vp4833 | zb890vp4833_90040233.xml | GATT_147 | 142 | 1,013 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
UNRESTRICTED
CONFERENCE E/CONF. 2/C.2/38
DU 16 February 1948
COMMERCE ET DE L'EMPLO1 ENGLISH - FRENCH
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
AGENDA FOR TWENTY FIRST MEETING
To be Held Wednesday, 18 Februaya 1948 at 10.30 a.m.
Further consideration of Report Joint Sub-Committee of Committees II
and VI on Article's 9, 10 and 11 (F/CONF.2/C.2/36) and Report of
Sub-Committee D on footnote Chapter III on "Reconstruction"
(E/CONF.2/C.2/35).
DEUXIEME COMMSSION: DEVELOPMENT ECONOMIQUE
ORDRE DU JOUR DE LA VING-ET-UNIEME SEANCE
qui soteiadera le mardi 17 février 1948, à 10 h.30.
Suite de lex'arom du rapport de la Sous-Commission mixte des Deuxléme
et Sixiéme Commissions chargée de I'étude des articles 9, 10 et 11 (E/CONF.2/
C.2/36) et du rapport de la Soue-Commission D chargée de l'étude de la note
au chapitre III relative aa la "reconstruction" (E/C0NF.2/C.2/35). |
|
GATT Library | bv365sw4149 | Second Committee: Economic Development. Agenda for Twenty-fifth Meeting : To be held Wednesday 17 March 1948 at 4.00 p.m | United Nations Conference on Trade and Employment, March 17, 1948 | 17/03/1948 | official documents | E/CONF.2/C.2/46 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/bv365sw4149 | bv365sw4149_90040245.xml | GATT_147 | 91 | 638 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C.2/46
17 March 1948
ENGLISH - FRENCH
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
AGENDA FOR TWENTY-FIFTH MEETING
To be Held Wednesday 17 March 1948 at 4.00 p.m.
Consideration of draft Report of Committee II to the Conference
(E/CONF.2/C.2/45).
DEUXIEME COMMISSION : DEVELOPPEMENT ECONOMIQUE
ORDRE DU JOUR DE LA VINGT-CINQUIEME SEANCE
quil se tiendra le mercredi 17 mars 1948 à 16 houres.
Examen du projet do rapport de la Deuxième Commission à la ConfTrence
(E/CONF. 2/C.2/45). |
|
GATT Library | qw448rm6508 | Second Committee: Economic Development. Agenda for Twenty-first Meeting : To be hold Friday, 20 February 1948 at 6.30 p.m | United Nations Conference on Trade and Employment, February 20, 1948 | 20/02/1948 | official documents | E/CONF.2/C.2/38/Rev.1 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/qw448rm6508 | qw448rm6508_90040234.xml | GATT_147 | 145 | 1,013 | United Nations
CONFERNCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF. 2/C.2/38/
Rev.1
20 February 1948
ENGLISH - FRENCH
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
GENDA FOR TWENTY-FIRST MEETING
To be Hold Friday, 20 February 1948 at 6.30 p.m.
Further consideration of Report of Joint Sub-Committee of Committees II
and VI on Articles 9, 10 and 11 (E/CONF.2/C.2/36) and Report of
Sub-Committee D on footnote to Chapter IlI on "Reconstruction"
(E/CONF.2/C. 2/35).
DEUXIEME COMMISSION: DEVELOPMENT ECONOMIQUE
ORDRE DU JOUR DE LA VINGT-ET-UNIEME SEANCE
qui se tiondra le vendredi 20 février 1948,à 18.h, 30
Suite del' examen du rapport de la Ssou-mmCsmision mlxtees d Dexième
et Sièmxie Cmomissisonc chargée de 1'étude des articles 9, 10 et 11(E/CONF .2/
C.2/36) et du rapport de la Soue-Commission D cohrgée de l'étude de la note
au chapitre III relative à la "reconstruction" (E/CONF.2/C.2/35). |
|
GATT Library | vs094cv6057 | Second Committee: Economic Development. Agenda for Twenty-fourth Meeting : To be held Saturday, 13 March 1948 at 3.00 p.m | United Nations Conference on Trade and Employment, March 12, 1948 | 12/03/1948 | official documents | E/CONF.2/C.2/44 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/vs094cv6057 | vs094cv6057_90040243.xml | GATT_147 | 149 | 1,125 | United Nations CONFERENCE
ON
TRADE AND EMPLOYMENT
CONFERENCE UNRESTRICTED E/CONF.2/C.2/44 12 March 1948
Nations Unies CONFERENCE DU ENGLISH-FRENCH
COMMERCE ET DE L'EMPLOI ORGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
AGENDA FOR TWENTY-FOURTH MEETING
To be Held Saturday, 13 March 1948 at 3.00 p.m.
1. Consideration of Report of Joint Sub-Committee of Committees II and III
to Committee II on Article 15 (E/CONF,2/c.2/42).
2. Consideration of Redraft of Final Text of Articles 8 to 12 inclusive
proposed by Central Drafting Committee (E/CONF.2/C.8/10
E/CONF.2/C .8/l0/Add.1 and E/CONF.2/C .8/10/Corr.1).
DEUXIEME COMMISSION: DEVELOPPEMENT ECONOMIQUE
ORDRE Du JOUR DE LA VINGT-QUATRIEME SEANCE
qui se tiendra le aamedi 13 mars 1948, a 15 heures.
1. Examen du rapport de la Sous-Commission rnixto des DeuxiTme et TroisiTme
Commissions, concernant l'article 15 (E/CONF.2/C.2/42).
2. Examen du texte remaniT des articles, 8 a 12 inclus proposT comme texte
dTfinitif par le ComitT central de rTdaction (E/CONF.2/C.8/10,
E/CONF.2/C.8/10/Add.1 et E/CONF.2/C.8/10/Corr.1). |
|
GATT Library | wq760sq9690 | Second Committee: Economic Development. Agenda for Twenty-second Meeting : To be held Monday, 23 February 1948 at 10.30 a.m | United Nations Conference on Trade and Employment, February 21, 1948 | 21/02/1948 | official documents | E/CONF.2/C.2/40 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/wq760sq9690 | wq760sq9690_90040237.xml | GATT_147 | 167 | 1,404 | United Nations Nations Unies UNRESTRICTED
CONFERENCE E/CONF .2 /C. 2/40
CONFERENCE CONFERENCE
21 February 1948
ON DU ENGLISH - FRENCH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPL0I ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
AGENDA FOR TWENTY-SECOND MEETING
To be Held Monday, 23 February 1948 at 10.30 a.m.
Consideration of proposals in relation to Report of Joint Sub-Committee
of Committees II and VI on Articles 9, 10 and 11 (E/CONF.2/C.2/36) and
Report of Sub-Committee D on footnote to Chapter III on "Reconstruction"
(E/CONF.2/C.2/35)'. See E/CONF.2/C.2/39 and E/CONF.2/C.2/39/Corr11.
DEUXIEME COMMISSION: DEVELOPPEMENT ECONOMIQUE
ORDRE DU JOUR DE LA VINGT-DEUXIEME SEANCE
qui se tiondra le lundi 23 février 1948, à 10 heuree 30
Examen de la proposition relative au rapport de la Sous-Commission
mixte des Deuxième at Sixième Commissions, chargèe de l'étude des
articles 9, 10 et 11 (E/CONF.2/C.2/36) et de la proposition relative
au rapport de la Sous-Commission D charée de l'examen de la note
relative à la "reconstruction" figurant au chapitre III (E/CONF.2/C.2/35).
Voir les documents E/CONF.2/C.2/39 et E/CONF.2/C.2/39/Corr.1. |
|
GATT Library | qf580qp5718 | Second Committee: Economic Development. Agenda for Twenty-sixth Meeting : To be held Thursday, 18 March 1948 at 6.00 p.m | United Nations Conference on Trade and Employment, March 13, 1948 | 13/03/1948 | official documents | E/CONF.2/C.2/48 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/qf580qp5718 | qf580qp5718_90040247.xml | GATT_147 | 118 | 958 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
NATIONS UNIES
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C.2/48
13 March 1948
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
AGENDA FOR TWENTY-SIXTH MEETING
To be Held Thursday, 18 March 1948 at 6.00 p.m.
1. Consideration of redraft of Article 13 proposed by Central
Drafting Committee (E/CONF.2/C.8/19, E/CONF.2/C.8/19/Corr.1
(English text) and E/CONF.2/C.8/26/Corr.2 (French text)).
2. Consideration of redraft of Article 14 proposed by Central
Drafting Committee (E/CONF.2/C.8/22 and E/CONF.2/C.8/22/Corr.1)
and amendment to paragraph 1 thereof proposed by the delegation
of the United Kingdom (English text - E/CONF.2/C.2/47;
French text - E/CONF.2/C .2/47/Rev.1).
3. Consideration of redraft of Article 15 proposed by Central
Drafting Committee (E/CONF.2/C.8/26, E/CONF.2/C.8/26/Corr.1
(English text) and E/CONF.2/C.8/26/Corr.2 (French text)). |
|
GATT Library | sn418nc3814 | Second Committee: Economic Development. Agenda for Twenty-third Meeting : To be held Friday, 12 March 1948 at 3.00 p.m | United Nations Conference on Trade and Employment, March 11, 1948 | 11/03/1948 | official documents | E/CONF.2/C.2/43 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/sn418nc3814 | sn418nc3814_90040242.xml | GATT_147 | 144 | 989 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF. 2/C. 2/43
11 March 1948
ENGLISH - FRENCH
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
AGENDA FOR TWENTY-THIRD MEETING
To be Hold Friday, 12 March 1948 at 3.00 p.m.
1. Consideration of Report of Sub-Committee C of Committee II on
Articles 13 and 14 (E/CONF.2/C.2/41).
2. Consideration of Report of Joint Sub-Committee of Committees II and
III to Committee II on Article 15 (E/CONF.2/C.2/42).
DEUXIEME COMMISSION: DEVELOPPEMENT ECONOMIQUE
ORDRE DU JOUR DE IA VINGT-TROISIEME SEANCE
qui aura lieu le vendredi 12 mars 1948, a 15 heures.
1. Examen du rapport de la Sous-Commission C de la DeuxiTme Commission
touchant les articles 13 at 14 (E/CONF.2/C.2/41).
2. Examen du rapport touchant l'article 15 que la Sous-Commission mixte
des DeuxiTTme et TroisTFme Commissions a pTTsenTT a la DeuxTFme
Commission (E/CONF.2/C.2/42). |
|
GATT Library | nf072pp2918 | Second Committee: Economic Development : Amendments proposed by the Delegation of Brazil to Article 13 for consideration by Sub-Committee C of Committee II on Articles 13 and 14 | United Nations Conference on Trade and Employment, January 5, 1948 | 05/01/1948 | official documents | E/CONF.2/C.2/C/2 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/nf072pp2918 | nf072pp2918_90040261.xml | GATT_147 | 346 | 2,377 | United Nations Nations Unies
CONFERENCE CONFERENCE RESTRICTIED
ON DU E/CONF.2/C.2/C /2
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 5 January 1948
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
AMENDMENTS PROPOSED BY THE DELEGATION OF BRAZIL. TO ARTICLE 13
FOR CONSIDERATION BY SUB-COMMITTEE C OF
COMMITTEE II ON ARTICLES 13 AND 14
Paragraph 2 (b)
"The Organization shall promptly transmit such statement to all other
Members, and any Member which considers that its trade would be substantially
affected by the proposed measures shall transmit the principal supplier and
such other suppliers as may have a vital interest in the proposed
measure. The Members thus approached by the Organization shall treat the
communication confidentially and shall transmit [its] their views to the
Organization within such period as shall be prescribed by the Organization."
Paragraph 2 (c)
Add to the end "and on its long run effects on the standard of living
within the country contemplating the measure."
Paragraph 4(b)
Redraft so as to establish additional rules under which to apply for
quantitative restrictions designed to promote economic development. Should
this not be possible, keep the provision as it roads.
Add to the end "Should the Member decide to appeal to the Conference from
an adverse ruling of the Organization, the Member shall be entitled to keep
the measure in force pending decision by the Conference."
Paragraph 5 (b)
Drop the expression "after the expiration of a further thirty days
from such date" - or make clear that this further period of thirty days
shall no longer prevent the applicant Member from putting into effect the
proposed, measure.
Note
Add a note to Article 13 stating that by the Organization is meant
the Executive Board and make explicit that, according to Article 90,
third Paragraph, there will be the right of appeal to the Conference from
decisions of the Executive Board.
/Justification E/CONF. 2/C .2/C/2
Page 2
Justification
The delegate for Brazil to Committee II had occasion to justify these
amendments at the fourteenth meeting of that Committee, held on 29 December.
A summary of his exposition was recorded on document E/CONF.2/C.2/SR.14. |
|
GATT Library | rm052rz9591 | Second Committee: Economic Development : Amendments proposed to the report of Sub-Committee B on Article 12 (reference: E/CONF. 2/C.2/29) | United Nations Conference on Trade and Employment, January 27, 1948 | 27/01/1948 | official documents | E/CONF.2/C.2/31 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/rm052rz9591 | rm052rz9591_90040224.xml | GATT_147 | 178 | 1,416 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF. 2/C. 2/31
ON DU 27 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORlGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
AMENDMENTS PROPOSED TO THE REPORT OF
SUB-COMMITTEE B ON ARTICLE 12
(Reference: E/CONF. 2/C.2/29)
1. Amendments proposed to the text of Article 12
(a) Proposal of Luxembourg to amend paragraph 2 sub-paragraph (a) (ii)
to read:
"(ii) to avoid any unreasonable discrimination as between
foreign investments".
(b) Proposal of Belgium to delete paragraph 3 of Article 12.
(o) Drafting amendment of China that paragraph 2 sub-paragraph (b)
of Article 12 should read:
"Upon the request of any Member and without prejudice to
existing international agreements to which Members are
parties to enter..." etc.
2. Amendments proposed to interpretation of Article 12 in Sub-Committee's
Report
The delegate of Poland proposed that the interpretation appearing in
paragraph 3 (c) of the report should be as follows:
"The Articles of Agreement of the International Monetary Fund
are included among the international agreements referred to in
paragraph 1 (c) and paragraph 2 sub-paragraph (b)." |
|
GATT Library | fy245ps4783 | Second Committee: Economic Development. Appointment of Sub-Committee on footnote to chapter III on "Reconstruction" | United Nations Conference on Trade and Employment, January 2, 1948 | 02/01/1948 | official documents | E/CONF.2/C.2/28 and E/CONF.2/C.2/9-28 | https://exhibits.stanford.edu/gatt/catalog/fy245ps4783 | fy245ps4783_90040220.xml | GATT_147 | 0 | 0 | ||
GATT Library | vb406cb8907 | Second Committee: Economic Development. Appointment of Sub-Committee on footnote to chapter III on "Reconstruction" | United Nations Conference on Trade and Employment, January 2, 1948 | 02/01/1948 | official documents | E/CONF.2/C.2/28 and E/CONF.2/C.2/9-28 | https://exhibits.stanford.edu/gatt/catalog/vb406cb8907 | vb406cb8907_90040220.xml | GATT_147 | 85 | 660 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies UNRESTRICTED
CONFERENCE E/CONF.2/C.2/28
DU 2 January 1948 ORGINAL:ENGLISH
COMMERCE ET DE L'EMPLOI
SEOND COMMITTEE: EONOMIC DEVELOPMENT
APPOINTMENT OF SUB-COMMITTEE ON FOOTNOTE TO CHAPTER III
ON "RECONSTRUCTION"
At the sixteenth meeting of Committee II the Chairman appointed a
Sub-Committee - to examine and submit recommendations concerning the footnote
to Chapter III on "reconstruction" appearing at the bottom of page 12 of the
Draft Charter - with Members as follows:
Australia
EI Salvador
France
Mexico
Poland
United Kingdom |
|
GATT Library | xr974nw0935 | Second Committee: Economic Development. Article 14. United Kingdom: Proposed redraft of paragraph 1 | United Nations Conference on Trade and Employment, March 17, 1948 | 17/03/1948 | official documents | E/CONF.2/C.2/47 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/xr974nw0935 | xr974nw0935_90040246.xml | GATT_147 | 422 | 2,702 | United Nations Nations Unies
CONFERENCE CONFERENCE
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
UNRESTRICTED
E/CONF. 2/C .2/47
17 March 1948
ORIGINAL: ENGLlSH
Article 14
United Kingdom: Proposed Redraft of Paragraph 1
The text below represents -
(a) without additions and deletions - that proposed by the
Central Drafting Committee (E/CONF.2/C.8/22)
(b) with additions and deletions - that proposed by the
Delegation of the United Kingdom
Additions and deletions are indicated by underlining and square brackets
respectively.
1. Any Member may maintain any non-discriminatory protective measure
affecting imports which has been imposed for the establishment, development
or reconstruction of a particular industry or branch of agriculture and which
is not otherwise permitted by this Charter, provided that notification has
been given of such measure and of each product to which it relates:
(a) in the case of a Member signatory to the Final Act of the
Second Session of the Preparatory Committee of the United Nations
Conference on Trade and Employment [, such notification having been given]
not later than October 10,1947 in respect of measures in force on
September 1 1947 [to the signatories of that Act not later than
October 10, 1947], subject to decisions made under paragraph 6 of
Article XVIII of the General Agreement on Tariffs and Trade; except
that if in special circumstances the CONTRACTING PARTIES to that
Agreement agree to dates other than those specified in this sub-paragraph,
such other dates shall apply;
(b) in the case of any other Member not later than the day on which it
deposits its instrument of acceptance of this Charter, in respect of
measures in force on that day [the day of the deposit of the instrument
of acceptance of this Charter] or on the day of the entry into force
of the Charter, whichever is the earlier [, such notification having been
given not later than the day of such deposit; in the former case, the
notification shall be given to the signatories of the Final Act of the
United Nations Conference on Trade and Employment, and in the latter case,
to the Organizaticn].
/Notification E/CONF.2/C.2/47
Page 2
Notification shall have been given under (a) above to the other
signatories to the final Act of the Second Session of the Preparatory Committee
of the United Nations Conference on Trade and Employment and under (b) above
to the Organization, or, if the Charter has not yet entered into force, to the
signatories of the Final Act of the United Nations Conference on Trade and |
|
GATT Library | bf414db5379 | Second Committee: Economic Development. Check list of documents issued from 26 November 1947 to 22 March 1948 : Prepared by Documents division | United Nations Conference on Trade and Employment, March 22, 1948 | 22/03/1948 | official documents | E/CONF.2/C.2/50 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/bf414db5379 | bf414db5379_90040250.xml | GATT_147 | 3,287 | 23,263 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C .2/50
22 March 1948
ENGLISh ONLY
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
CHECK LIST OF DOCUMENTS ISSUED FROM 26 NOVEMBER 1947 TO 22 MARCH 1948
Prepared by DocumentsDivision
I. Documents (E/CONF.2/C.2)
Document
Number Short Title Language
1 Agenda of Third Meeting - To be Held 1. December 1947, E F
at 10.30 a.m.
2 Responsibilities and Activities of the United Nations E F
in the Field of Economic Development
3 Chapter III Economic Development - Article 10, E F
Paragraph 2
3/Corr.1 Corrigendum to Chapter III Economic Development - E F
Article 10, Paragraph 2
4 Functions and Activities of Specialized Agencies of E F
the United Nations in the Field of Economic Development
5 Agenda of Fourth Meeting - To be Held on E & F
3 December 1947, at.4.00 p.m.
6 Annotated Agenda Prepared by the Secretariat for the E F
Discussion of Chapter III of the Draft Charter
6/Corr.1 Corrigendum to Annotated Agenda Prepared by the E Only
Secretariat for the Discussion of Chapter III of
the Draft Charter
6/Add.1 Italy: Proposed Amendments E F
6/Add.2 Draft Charter - Pakistan: Proposed Amendments E F
6/Add.2/Corr.1 Draft Charter - Pakistan: Proposed Amendments E F
6/Add.3 Draft Charter - Colombia: Proposed Addition and E F
Amendment
6/Add.4 Draft Charter - Chile: Proposed Amendments E F
6/Add.4/Corr.1 Draft Charter - Chile: Proposed Amendments - E Only
6/Add.4/Corr.2 Projet de Charte - Corrigendum F Only
/6/Add.5 E/CONF.2/C.2/50
Page 2
Document
Number
6/Add.5
6/Add.5/Rev.1
6/Add.6
6/Add.7
6/Add.8
6/Add.9
6/Add.10
6/Add.11
6/Add.12
6/Add.13
6/Add.14
6/Add.15
6/Add.16
6/Add.17
6/Add.18
6/Add.18/Corr.1
6/Add.19
6/Add.20
6/Add.21
6/Add.22
6/Add.23
7
8
9
9/Corr.1
Draft Charter
Draft Charter
Amendments
Draft Charter
Draft Charter
Draft Charter
Draft Charter
Draft Charter
Draft Charter
Draft Charter
Draft Charter
Draft Charter
Draft Charter -
Short Title
- Uruguay: Proposed Amendments
- Uruguay: Revision of Proposed
- Ecuador: Proposed Amendments
- Afghanistan: Proposed Addition
- China: Proposed Amendments
- Peru: Proposed Amendment
- Cuba: Proposed Amendments
- India Proposed Amendment
Philippines: Proposed Amendments
- EL Salvador: Proposed Amendment
- Mexico: Proposed Amendments
Denmark: Proposed Amendment.
Draft Charter - Norway:
Proposed Amendment
Language
F
F
F
F
F
Draft Charter - Mexico: Proposed Amendment E F
Draft :Charter - Venezuela: Proposed Amendments E F
Draft Charter - Venezuela: Proposed Amendments - E Only
Draft Charter - Afghanistan: Proposed Amendment E F
Draft Charter - Iraq: P roposed Amendment E F
Draft Charter- Ecuador: Proposed Amendment E F
Draft Charter. - New Zealand: Proposed Amendments E F
Draft Charter - Uruguay: Proposed Amendments E F
Agenda of Fifth Meeting - To be Held 5 December 1947, E & F
.at 4.00 p.m. .
Terms. of Reference and Membership of Joint Sub-
Committee of Committees II and VI
Revised Annotated Agenda Prepared by the Secretariat E F
for the Discussion of Chapter III of the Draft Charter
Corrigendum to the Revised Annotated Agenda Prepared E &F
by the Secretariat for the Discussion of Chapter III
of the Draft Charter .
/9/Corr.2 E/CONF.2/C.2/50
Page 3
Document
Number Short Title Language
9/Corr.2 Nouvel Ordre du Jour Prepare Per le Secretariat F Only
en Vue de la Discussion Du Chapitre III
9/Corr.4 New Zealand: Proposed Re-wording of Amendment E &F
9/Corr.5 Corrigendum to the Revised Annotated Agenda E &F
Prepared by the Secretariat for the Discussion
of Chapter III of the Draft Charter
9/Add.1 Draft Charter - Chile: Proposed Amendments E F
9/Add.1/Corr.1 Draft Charter - Chile: Proposed Amendments E Only
Corrigendum
9/Add.2 Addendum to Revised Annotated Agenda Prepared by E F
the Secretariat for the Discussion of Chapter III
of the Draft Charter
9/Add.3 Draft Charter - Ecuador: Explanatory Note to E F
Amendment of Article 13
9/Add.4&Corr.3 Addenda and Corrigenda to the Revised Annotated E F
Agenda Prepared by the Secretariat for the
Discussion of Chapter III of the Draft Charter
9/Add.5 Addendum to Revised Annotated Agenda Prepared by E F
the Secretariat for the Discussion of Chapter III
of the Draft Charter - Peru: Proposed Amendment
9/Add.5/Corr.1 Corrigendum to the Proposed Amendment of Peru E &F
10 Agenda of Sixth Meeting - To be Held E &F
11 December 1947 at 4.00 p.m.
l0/Corr.1 Corrigendum E Only
11 Communication from International Bank for E F
Reconstruction and Development
12 Agenda for Seventh Meeting To be Held E &F
13 December 1947 at 10.30 a.m.
13 Agenda for First Meeting of Joint Sub-Committee E &F
To be Held 15 December 1947 at 4.00 p.m.
14 Article 15 E F
15 Agenda for Eighth Meeting - To be Held. E F
16 December 1947, at 4.00 p.m.
16 Agenda for Ninth Meeting - To be Held E & F
17 December 1947, at 10.30 a.m.
17 Agenda for Tenth Meeting - To be Held E &F
18 December 1947 at 4.00 p.m.
/18 E/CONF.2/C.2/50
Page 4
Short Title
Agenda for Eleventh Meeting - To be Held
20 December 1947 at 4.00 p.m.
Agenda for Twelfth Meeting To be Held
22 December 1947 at 10.30 a.m.
Agenda for Thirteenth Meeting - To be Held
23 December 1947, at 4.00 p.m.
Appointment of Sub-Committee on Article 12
Plan of Debate on Article 13
Agenda for Fourteenth Meeting - To be Held
29 December 1947, at 10.30 a.m.
Agenda for Fifteenth Meeting - To be Held
30 December 1947, at 10.30 a.m.
Report of Joint Sub-Committee of Committees II
and VI on Mexican Amendment to Article 9
Agenda for Sixteenth Meeting - To be Held
31 December 1947 at 10.30 a.m.
Appointment of Sub-Committee on Articles 13 and 14
Appointment of Sub-Committee on Footnote to
Chapter III on "Reconstruction"
Report of Sub-Committee B on Article 12 -
International Investment for Economic Development
Informe del Subcomite B Sobre el Articulo 12
Report of Sub-Committee B on Article 12 -
(International Investment for Economic Development)
Agenda for Seventeenth Meeting - To be Held
26 January 1948 at 6.00 p.m.
Amendments Proposed to the Report of Sub-Committee
on Article 12
Agenda for the Eigteenth Meeting - To be Held
29 January 1948, at 3.00 p.m.
Views of International Chamber of Commerce on
Article 12
Views of International Chamber of Commerce on
Article 12 - Corrigendum
Agenda for Nineteenth Meeting - To be Held
30 January 1948 at 10.30
Language
E &F
E F
E F
E &F
E &F
E &F
S Only
E F S
E &F
E F
E &F
E F
/35
Document
Number
18
19
20
21
22
23
24
25
26
27
28
29
29/Corr.1
29/Corr.2
30
31
32
33
33/Corr .1
S E/CONF.2/C.2/50
Page 5
Document
Number Short Title Language
35 Report of Sub-Committee D on Footnote to Chapter III E F S
on "Reconstruction"
36 Report of Joint Sub-Committee of Second and Sixth E F S
Committees
36/Add.1 Report of Joint Sub-Committee of Committees II and E F S
VI
37 Agenda for Twentieth Meeting - To be Held E &F
16 February 1948 at 10.30 a.m.
38 Agenda for Twenty-First Meeting - To be Held E &F
18 February 1948 at 10.30 a.m.
38/Rev.1 Agenda for Twenty-First Meeting - To be Held E &F
20 February 1948 at 6.30 p.m.
39 I. Proposal in Relation to Report of Joint Sub- E F
Committee of Committees II and VI on Articles 9,
10 and 11. II. Proposal in Relation to Report
of Sub-Committee D on Footnote to Chapter III
on "Reconstruction"
39/Corr. 1 Corrigendum E &F
40 Agenda for Twenty-Second Meeting - To be Held E &F
23 February 1948 at 10.30 a.m.
41 Report of Sub-Committee C on Articles 13 and 14 E F S
41/Corr.1 Rectification au Rapport de la Sous-Commission C F Only
41/Corr.2 Report of Sub-Committee C on Articles 13 and 14 S Only
Corrigendum
41/Add.1 Report of Sub-Committee C on Articles 13 and 14 - E F S
Action of Committee II on Paragraph 9
41/Add.2 Report of Sub-Committee C on Articles 13 and 14 - E F S
Redraft of Paragraph 9 of the Sub-Committee's
Report on Article 13 Proposed by the Delegations
of Australia, Southern Rhodesia and the
United Kingdom
42 Joint Sub-Committee of Committees II and III on E F S
Tariff Preferences - Report to Committee II on
Article 15
43 Agenda for Twenty-Third Meeting - To be Held E &F
12 March 1948 at 3.00 p.m.
44 Agenda for Twenty-Fourth Meeting - To be Held E &F
13 March 1948 at 3.00 p.m.
45 Draft Report of Committee II to the Conference E F S
/46 E/CONF.2/C .2/50
Page 6
Document
Number Short Title Language
46 Agenda for Twenty-Fifth Meeting - To be Held
17 March 1948 at 4.00 p.m.
47 Article 14 - United Kingdom: Proposed Redraft of E F
Paragraph 1
47/Rev.1 Article 14 Nouvalle redaction du paragraphe F Only
premier proposee par la delegation du Royaume-Uni
48 Agenda for Twenty-Sixth Meeting - To be Held E F
18 March 1948 at 6.00 p.m.
49 Article 14 - Transitional Measures E Only
49/Corr.1 Corrigendum - Article 14 - Transitional Measures E Only
Il. Summary Records (E/CONF.2/C.2/SR.)
1 Summary Record of the First Meeting - Held E F
26 November 1947, at 10.45 a.m.
2 Summary Record of the Second Meeting - Held E F
28 November 1947 at 4.00 p.m.
3 Summary Record of the Third Meeting - Held E F
1 December at 10.30 a.m.
4 Summary Record of the Fourth Meeting - Held E F
3 December 1947 at 4.00 p.m.
5 Summary Record of Fifth Meeting - Held E F
5 December 1947, at 4.00 p.m.
6 Summary Record of the Sixth Meeting - Held E F
11 December 1947 at 4.00 p.m.
6/Corr.1 Corrigendum to Summary Record of Sixth Meeting E &F
7 Summary Record of the Seventh Meeting - Held E F
13 December 1947 at 10.30 a.m.
7/Corr.1 Corrigendum to Summary Record of Seventh Meeting E &F
7/Corr.2 Corrigendum to the Summary Record of the Seventh E F
Meeting
8 Summary Record of the Eighth Meeting - Held E F
16 December 1947 at 4.00 p.m.
8/Corr.1 Corrigendum to Summary Record of Eighth Meeting E &F
9 Summary Record of the Ninth Meeting - Held E F
17 December 1947,.at 10.30 a.m.
10 Summary Record of the Tenth Meeting - Held E F
18 December 1947 at 4.00 p.m. E F E/CONF.2/C .2/50
Page 7
Short Title
Summary Record of the Eleventh Meeting - Held
20 December 1947, at 4.00 p.m.
Corrigendum to Summary Record of Eleventh Meeting
Summary Record of Twelfth Meeting - Held
22 December 1947 at 10.30 a.m.
Summary Record of the Thirteenth Meeting - Held
23 December 1947
Corrigendum to Summary Record of Thirteenth Meeting
Summary Record of the Fourteenth Meeting - Held
29 December 1947 at 10.30 a.m.
Corrigendum to Summary Record of Fourteenth Meeting
Held 29 December 1947
Summary Record of the Fifteenth Meeting - Held
30 December 1947 at 10.30 a.m.
Summary Record of the Sixteenth Meeting - Held
31 December at 10.30 a.m.
Corrigendum to Summary Record of Sixteenth Meeting
Summary Record of Seventeenth Meeting - Held
26 January 1948, at 6.00 p.m.
Summary Record of Eighteenth Meeting - Held
29 January 1948 at 3.00 p.m.
Summary Record of the Nineteenth Meeting - Held
30 January 1948, 10.30 a.m.
Summary Record of the Twentieth Meeting - Held
16 February 1948, at 10.30 a.m.
Corrigendum to Summary Record of the Twentieth
Meeting - Held 16 February 1948, 10.30 a.m.
Corrigendum to Summary Record of Twentieth
Meeting - Held 16 February 1948, at 10.30 a.m.
Summary Record of the Twenty-First Meeting - Held
20 February 1948, at 6.30 p.m.
Summary Record of Twenty-Second Meeting - Held
23 February 1948 at 10.30 a.m.
Summary Record of the Twenty-Third Meeting - Held
12 March 1948, at 4.00 p.m.
Corrigendum to Summary Record of Twenty-Third
Meeting
Language
E F
E F
E F
E F
E F
E F
E F
E F
E &F
E F
E F
E F
E F
E &F
E &F
E F
E &F
/24
Document
Number
11
11/Corr. 1
12
13
13/Corr.1
14
14/Corr.1
15
16
16/Corr.1
17
18
19
20
20/Corr. 1
20/Corr. 2
21
22
23
23/Corr.1 E/CONF.2/C.2/50
Page 8
Document
Number Short Title Language
24 Summary Record of the Twenty-Fourth Meeting E F
Held 13 March 1948 at 3.00 p.m.
24/Corr.1 Corrigendum to Summary Record of Twenty-Fourth E &F
Meeting
25 Summary Record of the Twenty-Fifth Meeting - E F
Held 17 March 1948 at 4.00 p.m.
26 Summary Record of the Twenty-Sixth Meeting - E F
Held 18 March 1948 at 6.00 p.m.
III. Working Papers (E/CONF.2/C.2/W.)
No working papers were issued by the Second Committee.
IV. Sub-Committee A (Article 8) Documents (E/CONF.2/C.2/A)
1 Meeting of Sub-Committee on Articles - Note by the E F
2 Agenda for Second Meeting - To be Held 15 December E &F
1947 at 10.30 a.m.
3 Second Meeting of Sub-Committee on Article 8 - E F S
Note by the Secretariat
V. Sub-Committee A Working Papers (E/ CONF.2/C.2/A/W.)
No working papers were issued by Sub-Committee A.
VI. Sub- Committee B (Article 12) Documents (E/CONF.2/C.2/B)
1 Agenda for the Second Meeting - Held Friday, E &F
2 January 1948 at 10.30 a.m.
2 Agenda for the Third Meeting - Held Wednesday, E &F
.7 January 1948
3 Agenda for the Fourth Meeting - Held Monday, E &F
12 January 1948 at 3.00 p.m.
4 Agenda for the Fifth Meeting - Held Wednesday, E &F
14 January 1948 at 10.30 a.m.
5 Agenda for the Sixth Meeting - Held Monday, E &F
19 January 1948 at 3.00 p.m.
6 Agenda for the Seventh Meeting - Held Thursday, E &F
22 January 1948 at 6.00 p.m.
VII. Sub-Committee B Working Papers (E/CONF.2/C.2/B/W.)
1 Informal Analysis of Amendments Prepared E F
by Secretariat
1/Corr.1. Corrigendum to the Informal Analysis of E F
Amendments Prepared by the Secretariat E/CONF.2/C.2/50
Page 9
Document
Number Short Title Language
1/Rev.1 Informal Analysis of Amendments Proposed E F
by Secretariat
2 Notes on First Meeting - Held on 29 December 1947 E F
4.00 p.m. in Room J
3 Sub-Committee B (Article 12) E F
4 Notes on Second Meeting - Held on Friday, E F
2 January 1948, at 10.30 a.m.
5 United States: Suggested Redraft of Article 12 E F
5/Corr.1 Corrigendum to United States Redraft of Article 12 E &F
6 Notes on Third Meeting - Held Wednesday - E F
7 January 1948
7 Redraft Suggested as Basis for Discussion E F
by Australian Delegation
7/Corr.1 Corrigendum to Redraft Suggested as Basis for E Only
Discussion by Australian Delegation
8 India: Proposed Amendments to Suggested E F
Redraft of Article 12
9 Notes on the Fourth Meeting - Held on Monday, E F
12 January 1948 at 3.00 p.m.
10 Notes on the Fifth Meeting - Held on Wednesday, E F
14 January 1948 at 10.30 a.m.
11 Report of the Working Party on Article 12 E F
12 Notes of Sixth Meeting - Held on Tuesday, E F
20 January 1948 at 3.00 p.m.
13 Draft Report to Committee II on Article 12 E F
14 Notes of the Seventh Meeting - Held on Thursday, E F
22 January 1948 at 6.00 p.m.
14/Corr.1 Corrigendum to Notes of Seventh Meeting E &F
VIII. Sub-Committee C (Articles 13 and 14) Documents E/Conf.2/C.2/C.)
1 Draft Agenda - Prepared by Secretairt for First E &F
Meeting - Held 6 January 1948
2 Amendments Proposed by the Delegation of Brazil E F
to Article 13 For Consideration by Sub-Committee E
3 Draft Agenda - Prepared by Secretariat for First E &F
Meeting - Held 8 January 1948
/4
Document
Number
1/Rev.1
2
3
4
5
5/Corr.1
6
7
7/Corr.1
8
9
10
11
12
13
14
14/Corr.1
1
2
3
Language E/CONF.2/C. 2/50
Page 10
Document
Number Short Title Language
4 Agenda - Third Meeting - Held 9 January 1948 E &F
5 Article 13 - Procedure Proposed by the Brazilian E F
Delegation for Negotiated Commitments
5/Corr.1 Article 13 - Procedure Proposed by the Brazilian E &F
Delegation for Negotiated Commitments
6 Agenda of the Sixth Meeting - Held 22 January 1948 E &F
7 Notes on Fifth Meeting - Held 21 January 1948 at E F
10.30 a.m.
8 Agenda of Seventh Meeting - Held 23 January 1948 E &F
9 Agenda for Eighth Meeting - Held 26 January 1948 E &F
10 Notes on Eighth and Ninth Meetings - Held E F
26 January 1948 at 10.30 a.m.
11 Agenda for Tenth Meeting - Held 28 January 1948 at E &F
3.00 p.m.
12 Agenda for Eleventh Meeting - Held 28 January 1948 E &F
at 3.00 p.m.
13 Amended Procedure by the Brazilian Delegation for E F
Non-Negotiated Commitments Inconsistent with
Chapter IV - Article 13
14 Pakistan: Suggested Amendments to Article 13 E F
IX. Sub-Committee C Working Papers (E/CONF.2/C.2/C/W.)
1 Informal Analysis of Amendments to Articles 13 and 14 E F
2 Notes on First Meeting - Held 6 January 1948 at E F
3.00 p.m.
3 Notes on Second Meeting - Held 3 January 1948 at E F
10.30 a.m.
4 Notes on Third Meeting- Held 9 January 1948 at E F
10.30 a.m.
4/Corr.1 Rectificatif au Document De Travail No. 4 de La F only
Sous-Commission C de La Deuxieme Commission.
5 Notes on Fourth Meeting - Held 12 January 1948 E F
at 6.00 p.m.
6 Notes on Sixth Meeting - Held 22 January 1948 at E F
10.30 a.m.
7 Notes on Seventh Meeting - Held 23 January 1948 E F
at 10.30 a.m.
8 Report of Working Party II of Sub-Committee C of E F
Committee II
9 Notes on Tenth Meeting - Held 28 January 1948 at E F
3.00 p.m. E/CONF.2/C.2/50
Page 11
Document
Number Short Title Language
10 Interim Procedure for Dealing with Protective E F
Measures for Development Purposes
11 Notes on Eleventh Meeting - Held 7 February 1948 E F
at 6.00 p.m.
11/Corr.1 Corrigendum to Notes on Eleventh Meeting - Held E F
7 February 1948 at 6.00 p.m.
12 Notes on Twelfth Meeting - Held 9 February 1948 at E F
3.00 p.m.
13 Draft of Article 14 Prepared by Secretariat for E F
Consideration at Joint Meeting of Working Parties 3
and 4
14 Pakistan: Suggested Amendments to Article 13 E F
15 Draft Report of Sub-Committee C of Committee II E F S
on Articles 13 and 14
15/Rev.1 Revised Draft Report of Sub-Committee C of E only
Committee II on Articles 13 and 14
16 Notes on Thirteenth and Fourteenth Meetings - E F
Held 9 March 1948 and 10 March 1948 at
6.00 p.m. and 10.30 a.m. respectively
X. Sub-Committee D (Footnote to Chapter III
on "Reconstruction") Documents (E/CONF. 2/C. 2/D)
1 Agenda for Second Meeting - Held 13 January 1948 E &F
at 6.00 p.m.
2 Agenda for Third Meeting - Held 28 January 1948 E F
at 3.00 p.m.
2/Corr.1 Corrigendum to Agenda for Third Meeting E &F
3 Report of Sub-Committee D on Footnote to E F S
Chapter III on "Reconstruction"
XI. Sub-Committee D Working Papers (E/CONF.2/C.2/D/W.)
1 Draft Report of Sub-Committee on Footnote to E F
Chapter III on "Reconstruction"
2 Observations Concerning the Draft Report of the E F
Sub-Committee on the Note on Reconstruction in
Chapter III of the Draft Charter
3 Czechoslovakia: Observations Concerning the Draft E F
Report of the Sub-Committee on the Note on
Reconstruction in Chapter III of the Draft Charter
XII. Report of Committee
The final text of the report of the Second Committee is contained in
documents E/CONF.2/69, E/CONF.2/69/Corr.1 (English) and E/CONF.2/69/Rev.1 (French). |
|
GATT Library | gz701mv9992 | Second Committee: Economic Development : Corrigendum. Article 14. Transitional Measures | United Nations Conference on Trade and Employment, March 19, 1948 | 19/03/1948 | official documents | E/CONF.2/C.2/49/Corr.1 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/gz701mv9992 | gz701mv9992_90040249.xml | GATT_147 | 80 | 548 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C .2/49/
Corr.1
19 March 1948
ENGLISH ONLY
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
CORRIGENDUM
ARTICLE 14
TRANSITIONAL MEASURES
Paragraph 1 (a), the third line should read as follows:
"Conference on Trade and Employment, not later than October 10, 1947,
in respect of measures in"
Paragraph 1 (b) insert a comma after "Member" in the first line and after
"charter" in the second line. |
|
GATT Library | fp700xq3238 | Second Committee: Economic Development. Draft report of Committee II to the Conference | United Nations Conference on Trade and Employment, March 15, 1948 | 15/03/1948 | official documents | E/CONF.2/C.2/45 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/fp700xq3238 | fp700xq3238_90040244.xml | GATT_147 | 5,275 | 37,387 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C.2/45
15 March 1948
ORIGlNAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
DRAFT REPORT OF COMMITTEE II TO THE CONFERENCE
1. The Second Committee was responsible for the examination of the Geneva
draft text of Chapter III on "Economic Development" together with proposals
submitted by delegations relating to the subject matter of the Chapter.
2. Mr. Ramon BETETA (Mexico) was elected Chairman at the first meeting of
the Committee (E/CONF.2/C.2/SR.1) and Mr. Emilio ABELLO (Philippines) was
elected Vice-Chairman at the second meeting (E/CONF.2/C.2/SR.2). On the
departure of Mr. Abello, Mr. Jose GARRIDO TORRES (Brazil) was elected Vice-
Chairman at the twenty-first meeting (E/CONF.2/C.2/SR.21).
3. The Committee held twenty-five meeting and succeeded in solving all
the issues before it (E/CONF.2/C.2/SR.1 through E/CONF.2/C.2/SR .25).
Mr. Beteta presided at al1 meetings except the seventh to nineteenth inclusive
presided over by Mr. Abello and the twenty-second provided over by
Mr. Garrido Torres.
4. To facilitate its work the Committee established six sub-committees, two
of them jointly with other committees as listed below. The terms of reference
and the composition of each Sub-Committee, the proposals referred to it, the
document numbers of the Reports and of the Summary Records of the meetings at
which the Reports were approved by Committee II with or without modification,
as well as the precise modifications made, and any reservations are contained
in the Annexes listed below followed by the names of the Sub-Committees to
whose work they relate.
Annex I Sub-Committee A on Article 8
Annex II Joint Sub-Committee of Committees II
Annex III
Annex IV
Annex V
and VI on Articles 9, 10 and 11 and
on the Mexican proposal for the
establishment of a Committee for
Economic Development
Sub-Committee B on Article 12
Sub-Committee C on Articles 13 and 14
Joint Sub-Committee of Committees II
and III on Articles 15, 16 (2) and
16 (3) and 42 /Annex VI E/CONF. 2/C.2/45
Page 2
Annex VI Sub-Committee D on footnote to
Chapter III on "Reconstruction"
5. the text of Chapter III including interpretative notes as approved by
Committee II, after reference to the Central Drafting Committee and the text
of the resolution proposed to be adopted by the Conference are contained in
Annexes VII and VIII respectively. E/CONF.2/C. 2/45
Page 3
ANNEX I
SUB-COMMITTEE A ON ARTICLE 8
Sub-Committee A on Article 8 consisting of representatives of
Australia, China and the United Kingdom was set up at the fifth meeting
of Committee Il (E/CONF.2/C.2/SR.5) to examine the Article in the light
of the discussion at that meeting. Mr. D. K. LIEU (China) was elected
Chairman of the Sub-Committee. A report (E/CONF.2/C.2/A/1) was submitted
to the sixth meeting of Committee II (E/CONF.2/C.2/SR.6, E/CONF.2/C.2/SR.6/
Corr.1) but after further discussion at that meeting the Sub-Committee was
reconstituted with the addition of the representatives of Argentina, Iran
and New Zealand. A further report (E/CONF.2/C.2/A/3) was submitted to and
approved by the ninth meeting of Committee II (E/CONF.2/C.2/SR.9). E/CONF.2/C.2/45 Page 4
ANNEX II
JOINT SUB-COMMITTEE OF COMMITTEES II AND VI ON ARTICLES 9, 10
AND 11 AND ON THE MEXICAN PROPOSAL FOR THE ESTABLISHMENT OF
A COMMITTEE FOR ECONOMIC DEVELOPMENT
1. The Joint Sub-Committtee of Committees II and VI was set up at the
sixth meeting of Committee II (E/CONF.2/C.2/SR.6) and at the fifth and
seventh meetings of Committee VI with terms of reference:
"1. To examine Articles 9, 10 and 11 of Chapter III, proposed
amendments thereto and any proposed new articles relating to the
positive functions of the Organization in promoting economic
development in the light of the discussion in Committee II with
a view to making recommendations as to the texts of these articles
and any organizational provisions which may be required as a
consequence thereof.
2. To examine the proposal of the Mexican delegation for the
establishment of an Economic Development Committee of the
Organization taking into account any conclusions reached under
paragraph 1 and any other relevant considerations.
3. In making recommendations under paragraphs 1 and 2 to take
into account the functions of other organs of the Organization
and of the United Nations and Specialized Agencies in general in
the field of economic development and any financial implications.
4. To report to both Committee II and Committee VI."
.2 The Joint Sub-Committee was composed of representatives of:
Australia France Turkey
Belgium Iraq United Kingdom
Brazil Mexico United States
China Pakistan Venezuela
Colombia South Africa
Dr. H. C.COOMBS (Australia) was elected Chairman of the Sub-Committee.
/3. The E/CONF.2/C.2/45
Page 5
3. The following proposals were submitted to the Joint Sub-Committee:
Item Article Paragraph(s) Name of Symbol of Docu- Page(s) of Revised
No. of the Country ment Originally Annotated Agenda
Geneva Draft Submitted( b) (E/CONF.2/C.2/9)
Ceylon
Mexico
Burma
Pakistan
Turkey
Mexico
Mexico
Italy
Chile
Uruguay
Mexico
China
Mexico
Burma
Norway
Chile
Afghanistan
Peru
Mexico
Chile
Chile
Costa Rica
Colombia
Mexico
11/Add.33
C.2/6/Add.14
11 /Add .2
C.2/6/Add.2
11/Add. 26
C .2/6/Add. 14
C .2/6/Add.14
11/Add.18
C.2/6/Add.4
C .2/6/Add. 5/Rev.1
C.2/6/Add.14
C.2/6/Add.8
C.2/6/Add.14
11/Add.2
C.2/6/Add.16
C .2/6/Add.4
C.2/6/Add.7
C.2/6/Add.9
C.2/6/Add.14
C.2/6/Add.4
C.2/6/Add.4
11/Add. 16
C.2/6/Add.3
C.2/6/Add.17
(a) New Section D bis - Committee for Economic Development -inapter VII
(b) Initial symbol E/CONF.2 omitted in this column
(c) See also E/CONF.2/C.2/9/Add.4/Corr.3
(d) Amendment-appearing at bottom of-page 20 and top of page 21
(e) Pages 11, 12 and 13 of E/CONF.2/C.6/12
2
2
3
3
4
4
5
5
5 and 6
6 and 7 (c)
8
8
8
9 (c)
10
10 ana 11 (c)
11
12 and 13 (c)
20 and 21 (d)
21
25, 26, 27, 28
(e)
in Chapter VII
/4. The Report
eport
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20. New
21.
22.
23. New
24.
9.
9
10
10
10
10
10
11
11
11
11
11
11
11
11
11
11
12
12
12A
(a)
2
2
2
Additional
Additional
1
1
1
1
2
2
2
2
3.
Additional
4
Additional
Additional E/CONF.2/C.2/45
page 6
4. The report of the Joint sub-Committee on Articles 9,10 and 11
(E/CONF.2/C.2/36) was considered by Committee II at its twentieth,
twenty - First and twenty-second meetings (E/CONF.2/C.2/SR.20, E/CONF.2/C.2/SR.20/Corr.1,
E/CONF. 2/0 .2/SR.20/Corr.2, E/CONF.2/C.2/SR. 21,
E/CONF.2./C.2/SR.22 and E/CONF.2/C.2/39). The Report was approved wIth
modifications as indicated in the aforementioned documents and below:
(a) Delete the second sentence of paragraph 6 and substitute:
"These provide that controversies., which are within the
domestic Jurisdiction of such states, are to be
resolved by national tribunals. In some cases such
controversies may arise in connection with matters
dealt with in Article 11."
(b) Add the following paragraphs:
"In connection with the deletion of paragraph 4 of
Article 11 of the Geneva Draft Charter it was pointed out
that the paragraph merely stated that the term "nationals"
as used in that Article and in Article 12 comprised
natural and legal persons. However, certain delegations
called the attention of the Committee to provisions in
their Constitutions requiring certain types of activities
to be carried on by legal entities incorporated under their
domestic laws and also affecting the rights of persons
holding shares of such entities. It was further suggested
by certain delegations that the problem of the determination
of the nationality of legal entities was very complicated
and raised many questions of international law.
The deletion is to be taken as reflecting only the view
of the Committee that the constitutional provisions referred
to are not preJudiced and are outside the scope of the Charter,
though in their opinion this does not affect the construction
of the term "nationals" as used in Articles 11 and 12, without
prejudice to such provisions, as including both legal and
natural persons. The Committee also considered that the
problem of the nationality of legal entities was not
raised by the paragraph or by its deletion."
5. The Mexican proposal for the establishment of a committee for
Economic Development (item 24 in the list of proposals contained in
paragraph 3 above) was considered by the Joint Sub-Committee as explained
in Secretariat Note E/CONF.2/C.2/36/Add.1 and E/CONF. 2/C.6/72/Add.1. No
/changes E/CONF.2/C.2/45 Page 7
changes in the Charter or other action on this proposal were required as a
result of the Report of the Co-ordinating Committee (E/CONF.2/45/Rev.1) and
the recommendations thereon of the Heads of Delegations (E/CONF.2/51). The
Joint Sub-Committee therefore, held no meetings subsequent to the approval
of its Report on Articles 9, 10 and 11 and this Report is therefore its
final report.
/ANNEX III E/CONF .2 /C .2/45
Page 8
SUB-COMMITTEE B ON ARTICLE 12
1. Sub-Committee B was set up at the thirteenth meeting of Committee II
to consider Article 12 and the amendments submitted thereto. The Sub-
Committee consisted of the representative of Australia, Brazil, Canada,
Ceylon, Czechoslovakia, Egypt, India, Mexico, Netherlands, New Zealand,
Sweden, United Kingdom, United States of America and Venezuela.
Mr. Jose GARRIDO TORRES (Brazil) was elected Chairman of the Sub-Committee.
2. The following proposals were submitted to the Sub-Committee:
ARTICLE 12
(except item 25)
Symbol of Pages of Revised
Item No. Paragraph(s) Name of Country Document Annotated Agenda
of the Geneva Originally (E/CONF.2/C.2/9)
draft Submitted (b)
Whole Article
Whole Article
Whole Article
Whole Article
1
1
1
1
1
1
1
1
Burma
India
United States
Mexico
Argentina
Czechoslovakia
Ceylon
Pakistan
Uruguay
Norway
Venezuela
Afghanistan
New Zealand
1
2
2
Peru Argentina
Sweden
11/Add.2
11/Add.27
11/Add.20/Rev.2
C.2/6/Add.14
11/Add. 3
11/Add. 5
11/Add.33
C.2/6/Add.2
C .2/6/Add.5/Rev.1
C.2/6/Add.16
C.2/6/Add.18
C .2/6/Add.19
C. 2/6/Add.22 &
C. 2/9/Corr.4
C.2/9/Add.5 &
Add.5/Corr.1
11/Add.3
11/Add.13
(a) Amendment
to Paragraph 3 of Article 11
(b) Initial Symbol E/CONF .2/ omitted in this column
(c) See E/CONF.2/C.2/9/Add.4/Corr.3
(c) See also E/CONF.2/C.2/9/Corr.4
(e) See E/CONF.2/C.2/9/Add.5 and E/CONF.2/C.2/9/Add.5/Corr.1
/17. 2 Ceylon
1.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
24
24
14 & 17
21, 22 & 23
15
15
13
13 & 14
14
13
15 also (c)
16
16 (d)
(e)
17, 18 & 19
also (c)
18 E/CONF.2/C .2 /45
Page 9
Symbol of Pages of Revised
Item No. Paragraph(s) Name of Country Document Annotated Agenda
of the Geneva.Originally (E/CONF.2/C .2/ 9)
draft Submitted (b)
17. 2 Ceylon 11/Add.33 16
18. 2 Pakistan C.2/6/Add.2 (c)
19. 2 Chile C.2/6/Add.4 19
20. 2 Uruguay C.2/6/Add.4/Rev.1 16
21. 2 Denmark C.2/6/Add.15 19
22. 2 Venezuela C.2/6/Add.18 16
23. 3 Uruguay C.2/6/Add.5/Rev.1 20
24. two additional Chile C.2/6/Add.4 19 & 20
25. (a) Mexico C.2/6/Add.14 9
3. The Report of the Sub-Committee (E/CONF.2/C.2/29) was considered by
Committee II at its seventeenth, eighteenth and nineteenth meetings
(E/CONF.2/C.2/SR.17, E/CONF.2/C.2/SR.18 and E/CONF.2/C.2/SR.l9). The Report
was approved with modifications as indicated in the summary records and below:
Delete sub-paragraphs (a), (b) and (c) of paragraph 3 and substitute:
(a) legislative or constitutional requirements, existing at the
time that an investment was made and providing for recourse only
to national courts, would not in themselves be reviewable pursuant
to Chapter VIII. Chapter VIII provided for review by the
Organization of whether nullification or impairment of a benefit
accruing to a Member under the Charter had taken place, even if the
nullification or impairment arose out of a measure completely
consistent with the Charter, or "any other situation", even if there
was no violation of the Charter, but 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;
and (b) the Articles of Agreement of the International Monetary Fund
were included among the international agreements referred to in
paragraphs 1 (c) and 2 (b)."
(a) Amendment to paragraph 3 of Article 11
(b) initial Symbol E/CONF.2/ omitted In this column
(c) See E/CONF.2/C.2/9/Add.4/Corr.3
(a) See also E/CONF.2/C.2/9/Corr.4
(e) See E/CONF.2/C.2/9/Add.5 and E/CONF.2/C.2/9/Add.5/Corr.1
4.The E/CONF.2/C.2/45
Page 10
4. The reservation of the Indian delegation on paragraph 2 of Article 12
pending instructions from its Government as stated in paragraph 4 of the
Report of ths Sub-Committee has been wlthdrawn. There are threfore no
reservations to Article 12.
/ANNEX IV E/CONF.2/C.2/45
Page 11
SUB-COMMITTEE C ON ARTICLES 13 AND 14
1.Sub-Committee C was set up at the sixteenth meeting of Committee II to
examine and submit recomendations to Committee II concerning the proposals
on Articles 13 and 14 with authority to consult, if considered necessary,
with the Sub-Committee of Committee III on Articles 20 and 22. The Sub-
Committee consisted of representatives of Argentina, Australia, Brazil,
Canada, China, Colombia, Cuba, India, Iraq, Mexico, Netherlands, Norway,
Philippines, United Kingdom, United States and Uruguay. Dr. Gustavo GUTTERREZ
(Cuba) was elected Chairman of the Sub-Committee.
2. The following proposals were submitted to the Sub-Committee:
Item No, Paragraph(s) Name of Country Symbol of Pages of Revised
Document Annotated Agenda
Originally (E/CONF.2/C.2/9)
Submitted (a)
ARTICLE 13
1. Whole Article
2. Whole Article
3. Whole Article
4. Whole Article
5. Whole Article
Argentina
Burma
Turkey
Ceylon
Ecuador
6. Whole Article China
7. Whole Article India
8. Whole Article Mexico
9. Whole Article Uruguay
10. 1 United Kingdom
11. 1 Cuba
12. 1 Philippines
13. 1 New Zealand
14. 2 Cuba
15. 2 Philippines
16. 2 Brazil
(a) Initial symbol E/CONF.2 omitted
(b)See also E/CONF.2/C.2/9/Add.4/Corr.3
(c) See E/CONF.2/C.2/6/Add.23
(d) See E/CONF.2/C.2/C/5
(e ) See E/CONF.2/C.2/C/l4
(f) See E/CONF.2/C.2/9/Add.1
(g) See E/CONF.2/C.2/C/13
(h) See E/CONF.2/C.2/9/Add.1 and E/CONF.2/C.orr.1
(J) See E/CONF.2/C.2/9/Corr. 5
11/Add.3 39, 40, 41 &2
11/Add.23 48 to 54 inclusive
11/Add.26 29 (b)
11/Add.33 43, 44 & 45
C.2/6/Add.6 29 (b)
C. 2/9/Add.3
C.2/6/Add.8 35 & 36
C.2/6/Add.11 45, 46 & 47
C.2/6/Add.14 37, 38 & 39
C.2/6/Add.23 (c)
11/Add.8 29
C.2/6/Add.10 32
C.2/6/Add.12 34
C.2/6/Add.22 34
C.2/6/Add.10 33
C.2/6/Add.12 30 &34
2/9/Add.1/Corr.1
/17. a
Pakistan
42
nclusive ge 12 Item No. Paragraph(s) Name of Country symbol of Pages of Revised
Document Annotated Agenda
Originally (E/CONF.2/C.2/9)
ARTICLE 13
17. 2 Pakistan C.2/C/14 (e)
18. 3 Chile (f)
C.2/9/Add.1 (f)
19. 3 Brazil C.2/C/13 (g)
ited Kingdom
420. 11/Add.8 United Kingdom 31
Colombia C.2/6/Add.30 30/c21.
22. C.2/6/Add.10/Cuba 31& 33
Phillippines C.2/6/ C.2/6/Add.12 31&34Add.12
424. New Zealand C.2/6/Add.22 34
25. 4 Brazil C . (g)2/C/13
26.4 Pakistan C. (e)2/C/14
27. 5 Brazil C.2/C/13 (g)
Additional Iraq C.2/6/Add.20 32
29 Additional Ch C.2/9/Add.1 (h)ile
& Add.1/Corr.1
Page 12
Initial symbol E/CONF.2 omittede_A.3
ee also E/CONF.2/C.2/9/Add.4/Corr.3ccORR
e E/CONF.2/C.2/6/Add.23aDDr.
ee E/CONF.2/C.2/C/5() si
ae E/seCNF2/C.2/C/14.Oil?
S E/eeO .2/C.2/9/Add.1aDDBF
E/CONF
(g).2/C.2/C/13c/ See E/CO
(h).2/C.2/9/Add.1 and E/CONF.2/C.2/9/Add.1/Corr.1a See E/CON
(j).2/C.2/9/Corr.5 See E/CONF E/CONF.2/C.2/45
Page 13
Item No. Paragraph(a) Name of country Symbol of Pages of Revised
Document Annotated Agenda
Originally (E/CONF.2/C.2/9)
Submitted (a)
ARTICLE 14
1
1
1
1
1
1 1
2
2
10. two additional
11. Additional
Argentina
United Kingdom
Costa Rica
Turkey
Italy
Ecuador
Uruguay
Argentina
Uruguay
Philippines
Turkey
11/Add.3
11/Add.8
11/Add.16
11/Add.26
C.2/6/Add.1
C.2/6/Add.6
C.2/6/Add.23
11/Add.3
C.2/6/Add.23
C.2/6/Add.12
11/Add.26
56, 57, 58 & 59
56
57 & 59
59
58
57
(c)
(j)
(c)
55 & 56
63 (b)
3. The Report of the Sub-Committee was considered at its twenty-third
and twenty-fourth meetings (E/CONF.2/C.2/SR.23 and E/CONF.2/C.2/SR.24).
The Report was approved with modification as indicated in the summary records
and below:
(a) Substitute the following for paragraph 7:
"7. With regard to the meaning of the word "processing"
appearing in paragraphs 4 (b) (ii) and 4 (b) (iii) of
Article 13 consideration was given to the view of the
Co-ordinating Committee and the proposal of the delegation
of Pakistan (See Annex A). It was agreed that processing
meant the transformation of a primary commodity or of a
by-product of such transformation into semi-finished or
(a) Initial symbol E/CONF.2/ omitted
(b) See also E/CONF.2/C.2/9/Add.4/Corr.3
(c) See E/CONF.2/C.2/6/Add.23
(d) See E/CONF.2/C.2/C/5
(e) See E/CONF..2/C.2/C/14
(f) See E/CONF.2/C.2/9/Add.1
(g) See E/CONF.2/C.2/C/13
(h) See E/CONF.2/C.2/9/Add.1 and E/CONF.2/C.2/9/Add.1/Corr.1
(j) See E/CONF.2/C.2/9/Corr.5
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11. /finished E/CONF.2/C.2/45 Page 14
finished goods but did not refer to highly developed industrial
processes such as the manufacture of precesion instruments,
Accordingly it was decided to insert the interpretative note
set out at the end of the text of Article 13 in Annex B."
(b) Substitute the following for the first two Iines of paragraph 8:
"With regard to the references to international trade in
paragraphs 4 (b) (iii) and 4 (d) (ii) (II) of Article 13
it was agreed that these were references ...."
(c) Substitute the following for paragraph 9:
"9. With regard to the interpretation of the words "materially
affected" in Article 13 it was agreed that this term was not
restricted to those countries which in the past were principal
suppliers. With regard to the use of those words in
sub-paragraph 2 (a) (ii) it was assumed that the Organization
would have due regard to the contractual rights of Members. In
interpreting these words in paragraphs 3 and 4 (d), it would be
proper for the Organization to have regard, for instance, to the
interests of Members which supplied a large proportion of the
imports of the applicant Member in the product concerned, those
Members which were substantially interested in exporting the
product to world markets, and those Members whose economics
were materially dependent on exports or the product."
4. Reservations on Article 13 have been made by the following delegations:
Afghanistan
Argentina
Ceyl /ANNEX Vvv E/CONF.2/C .2/45
Page 15
ANNEX V
JOINT SUB-COMMITTEE OF COMMITTEES II AND III
ON ARTICLES 15, 16 (2) AND (3) AND 42
1. The Joint Sub-Cammittee of Committees II and III was set up at the tenth
and eleventh meetings of Committee II (E/CONF.2/C.2/SR.10 and E/CONF.2/C.2/SR.11)
and at the seventh and seventeenth meetings of Committee III with terms of
reference as follows:
"To consider and submit recommendations to both Committees
regarding Articles 15, 16 (2) and (3) and 42 and the relevant
proposals and amendments submitted in relation thereto with a
view to finding a solution of the question of now preferential
arrangements, including those for purposes of economics
development and reconstruction, and of the maintenance of
exciting preferences as an exception from the most-favoured-
nation clause."
2. The Joint Sub-Committee consisted of representatives of the following
delegations: Argentina, Belgium, Brazil, Canada, Chile, El Salvador, France,
Haiti, Iran, Poland, Sweden, Syria, Turkey, United Kingdom, United States,
and Venezuela. Mr.Stig SAHLIN (Sweden) was elected Chairman. At the
eleventh meeting, Mr. Jean ROYER (France) was elected in the place of
Mr. Sahlin who had left Havana.
3. The following proposals were submitted to the Joint Sub-Committee with
respect to Article 15.
Item No. Paragraph(s) Name of Country Symbol of Pages of Revised
of the Geneva Document Annotated Agenda
Draft Originally (E/CONF.2/C.2/9)
Submitted (a)
1, Whole Article Chile C.2/6/Add.4& 61&62 (b)
Add.
2. Whole Article El Salvador C.2/6/.13
3. 1 Argentina C.2/6/
4. 1 Venezuela C.2/6/
5. 1 Ecuador C.2/6/
6. 2 Argentina 11/..A
7. 2 Venezuela C.2/6
Add
8. (c) Poland 150
(a) Initial symbol E/CONF.2 omitted
(b) See also E/CONF.2/C.2/9/Add.4/Corr.3
(c) Paragraph 4 (d) of the text set out in Annex VII
(d) See E/CONF.2/50
4/Corr.1
Add. 13
Add. 3
Add. 18
Add. 21
.3
Add. 18&
18/Corr. 1
64
61
61
61
62
63 (b)
(d)
/4. The Report E/CONF.2/C.2/45
Page 16
4. Tho Report of tho Joint Sub-Committee with respect to Article 15
(E/CONF.2/C.2/42) was considered by Committee II at its twenty-fourth meeting
(E/CONF.2/C.2/SR.24). The Report was approved with modifications as indicated
in the summary records and below.
(a) In paragraph 8 in the fourth line on page 3 delete the comma
after "approval" and insert the word "as".
(b) In the third line from the end of paragraph 8 delete the
word "pending decisions on Article 16".
(c) In paragraph 13 delete the last sentence beginning with
the words "The delegates of" and substitute the followings:
"The Delegate of Syria wished it put on record that, in the
light of the definitive text of Article 93, he was still
opposed to their inclusion."
(d) Amend paragraph 15 to read as follows:
"15. The Polish delegation presented an amendment (E/CONF.2/50)
designed to permit temporarily compensatory preferences on
products not conforming to the development and reconstruction
criteria of paragraph 4 (b) and ject to progressive
elimination and limits as to duration and margins of preference.
The amendment was not accepted. The Polish delegation asked for
its view to be recorded that the present text of paragraph 4 (d) of
Article 15 concerning preferential concessions nullified to a large
extent the advantages of paragraphs 4, 5 and 6 and made the
introduction of new preferential arrangements very difficult if
not inpossible. An alternative proposal by the delegate of
Argentina to insert a text previously discussed by the Working
Party was also rejected. The delegate of Argentina and Chile
asked for it to be recorded that they were in general agreement
with the views expressed by the delegate of Poland in this matter."
(e) In the sixth line front the top of page 5 insert "20" before
the words "In regard to sub-paragraph (d)" thereby making that and
subsequent lines into paragraph 20.
(f) In the sixth line of paragraph 20 substitute a period for the
semi-colon after "the proposal" and delete from this and the seventh
line the words beginning "therefore the" and ending "in Committee".
/5. Reservations on E/CONF. 2/C. 2/45
Page 17
5. Reservations on Article 15 have been made by the following delegations:
Afghanistan
Argentina
Chile
China
Haiti
Iraq
Turkey
United Kingdom (paragraph 4 (a) and interpretative note thereon).
/ANNEX VI E/CONF. 2/C.2/45
Page 18 ANNEX VI
SUB-COMMITTEE D ON FOOTNOTE TO CHAPTER III ON "RECONSTRUCTION"
1. Sub-Committee D was set up at the sixteenth meeting of Committee II
(E/CONF.2/C.2/SR.l6) to examine and submit recommendations concerning the
footnote to Chapter III on "Reconstruction" appearing at the bottom of
page 12 of the Geneva Draft of the Charter.
2. The Sub-Committee was composed of representatives of Australia,
El Salvador, France, Mexico, Poland and the United Kingdom. Mr. C. NOVOA
(Mexico) was elected Chairman of the Sub-Committee.
3. The report of the Sub-Committee (E/CONF.2/C.2/35) was considered and
approved by Committee II at its twentieth and twenty-second meetings
(E/CONF.2/C.2/R.20 and E/CONF.2/C.2/SR.22) with endorsement of the recommendation
that reconstruction and development should. be treated on equal terms. E/ .2/ 45
Page 19
ANNEX VII
CHAPTER III*
ECONOMIC DEVELOPMENT AND RECONSTRUCTION
Article 8
Importance of Economic Development and Reconstruction
in Relation to the Purpose of this Charter
The Members recognize that the productive use of the world's human and
material resources is of concern to and will benefit all countries, and that
the industrial and general economic development of all countries, particularly
of those in which resources are as yet relatively undeveloped, as well as the
reconstruction of those countries whose economics have been devastated by war,
will improve opportunities for employment, enhance the productivity of labour,
increase the demand for goods and services, contribute to economic balance,
expand international trade and raise levels of real income.
Article 9
Development of Domestic Resources and Productivity
Members shall within their respective territories take action designed
progressively to develop, and where necessary to reconstruct, industrial and
other economic resources and to raise standards of productivity through measures
not inconsistent with the other provisions of this Charter.
Article 10
Co-operation for Economic Development and Reconstruction
1. Members shall co-operate with one another, with the Economic and Social
Council of the United Nations, with the Organization and with other appropriats
inter-governmental organizations, in facilitating and promoting industrial and
general economic development, as well as the reconstruction of those countries
whose economies have been devastated by war.
2. With a view to facilitating and promoting industrial and general economic
development and consequently higher standard of living, especially of those
countries which are still relatively undeveloped, as well as the reconstruction
of those countries whose economies have been devastated by war, and subject to
any arrangements which may be entered into between the Organization and the
* Including Articles 13, 14 and 15 which have not yet been approved by
Committee II at third reading.
/Economic Page 20
Economic and Social Council of the United Nations and appropriate
inter-governmental organizations, the Organization shall, within its powers and
resources, at the request of any Member:
(a) (i) study the Member's natural resources and potentialities for
industrial and general economic development, and assist in the
formulation of plans for such development;
(ii) furnish the Member with appropriate advice concerning its plans
for economic development or reconstruction and the financing and
carrying out of its programmes for economic development or
reconstruction; or
(b) assist the Member to procure such advice or study.
These services shall be provided on terms to be agreed and in such collaboration
with appropriate regional or other inter-governmental organizations as will use
fully the competence of each of them. The Organization shall also, upon the
same conditions, aid Members in procuring appropriate technical assistance.
3. With a view to facilitating and promoting industrial and general economic
development, especially of those countries which are still relatively
undeveloped, as well as the reconstruction of those countries whose economies
have been devastated by war, the Organization shall co-operate with the Economic
and Social Council of the United Nations and appropriate inter-governmental
organizations on all phases, within their special competence, of such development
and reconstruction-and, in particular, in respect of finance, equipment,
technical assistance and managerial skills.
Article 11
Means of Promoting Economic Development and Reconstruction
1. Progressive industrial and general economic development, as well as
reconstruction, requires among other things adequate supplies of capital funds,
materials, modern equipment and technology and technical and managerial skills.
Accordingly, in order to stimulate and assist in the provision and exchange of
these facilities:
(a) Members shall co-operate, in accordance with Article 10, in
providing or arranging for the provision of such facilities within the
limits of their power, and Members shall not impose unreasonable or
unjustifiable impediments that would prevent other Members from
obtaining on equitable terms any such facilities for their economic
development or, in the case of Member countries whose economies have
been devastated by war, for their reconstruction;
/(b) no Member E/CONF .2/C.2/ 45
Page 21
(b) no Member shall take unreasonable or unjustifiable action within its
territory injurious lo the rights or interests of nationals of other
Members in the enterprise, skills, capital, arts or technology which
they have supplied.
2. The Organization may, in such collaboration with other inter governmental
organizations as may be appropriate:
(a) make recommendations for and promote bilateral or multilateral
agreements on measures designed:
(i) to measure just and equitable treatment for the enterprise, skills,
capital, arts end technology brought from one Member country to
another;
(ii) to avoid international double taxation in order to stimulate
foreign private investments;
(iii) to enlarge to the greatest possible extent the benefits to
Members from the fulfilment of the obligations under this Article;
(b) make recommendations and promote agreements designed to facilitate an
equitable distribution of skills, arts, technology, materials and
equipment, with due regard to the needs of all Members;
(c) formulate and promote the adoption of a general agreement or statement
of principles regarding the conduct, practices and treatment of
foreign investment.
Article 12
International Investment for Economic Development end Reconstruction
1. The Members recognize that:
(a) international investment, both public and private, can be of great
value in promoting economic development and reconstruction, and
consequent social progress;
(b) the international flow of capital will be stimulated to the extent
that Members afford nationals of other countries opportunites for
investment and security for existing and future investments;
(c) without prejudice to existing international agreements to which
Members are parties, a Member has the right:
(i) to take any appropriate safeguards necessary to ensure that
foreign investment is not used as a basis for interference in
its internal affairs or national policies;
(ii) to determine whether and to what extent and upon what terms
it will allow future foreign investment.
(iii) to prescribe and give effect on just terms to requirements as to
the ownership of existing and future investments;
(iv) to prescribe E/CONF.2/C.2/ 45
Page 22
(iv) to prescribe and give effect to other reasonable requirements with
respect to existing and future investments;
(d) the interests of Members whose nationals are in a position to provide
capital for international investment and of Members who desire to
obtain the use of such capital to promote their economic development
or reconstruction may be promoted if such Members enter into bilateral
or multilateral agreements relating to the opportunities and security
for investment which the Members are prepared to offer and any
limitations which they are prepared to accept of the rights referred
to in sub-paragraph (c).
2. Members therefore undertakes:
(a) subject to the provisions of paragraph 1 (c) and to any-agreements
entered into under paragraph 1 (d),
(i) to provide reasonable opportunities for investments acceptable
to them and adequate security for existing and future
investments, and
(ii) to give due regard to the desirability of avoiding discrimination
as between foreign investments;
(b) and upon the request of any Member and without prejudice to existing
international agreements to which Members are parties, to enter into
consultation or to participate in negotiations directed to the conclusion,
if mutually acceptable, of an agreement of the kind referred to in
paragraph 1 (d).
3. Members shall promote co-operation between national and foreign enterprises
or investors for the purpose of fostering economic development, or reconstruction
in cases where such cooperation appears to the Members concerned to be
appropriate.
/ANNEX VIII . . . E/CONF.2/C.2/45
Page 23
ANNEX VIII
RESOLUTION PROPOSED TO BE ADOPTED BY THE CONFERENCE
The United Nations Conference on Trade and Employment, having considered
the problem of the industrial and general economic dovelopment and
reconstruction of the Members of the International Trade Organization; and
Having noted the related activities of other inter-governmental
organizations and specialized agencies; and
Having determined that positive measures for the promotion of the
economic development and reconstruction of Members are an essential condition
for the realization of the purpose stated in Article 1 of the Charter of
the International Trade Organization and to the accomplishment of the objectives
therein set forth; and
Having regard to the provisions of Articles 10, 69 and 84 of the Charter
Therefore resolves:
1. That the Interim Commission of the International Trade
Organization* is hereby directed to examine
(i) the powers, responsibilities and activities in the field
of industrial and general economic development end
reconstruction of the United Nations, of the specialized
agencies and of other inter-governmental organizations,
including regional organizations;
(ii) the availability of facilities for technical surveys
or studies of: the natural resources of underdeveloped
countries; or the possibilities of their industrial
development, whether general or in relation to the
processing of locally produced raw materials or other
particular industries; or for the improvement of their
systems of transportation and communications; or with
respect to the manner in which investment of foreign
capital may contribute to their economic development;
and in the light of this examination to report to the Organization
upon
(a) the structure and administrative methods,
(b) the working relation with the United Nations, the
specialized agencies and other inter-governmental organizations
including regional organizations
which will enable the International Trade Organization most effectively
to carry out its positive functions for the promotion of the economic
* If no such Commission is formed, a special committee shall be named.
/development E/CONF .2/C .2/45
Page 24
development and reconstruction of Members.
2. That the report and recommendations of the Interim Commission*
shall be submitted in such a manner and at such a time as will
enable the Conference of the International Trade Organization to
take appropriate action at its first session.
formed, a special committee shall be named.
* If no such Commission isd , a special committee |
|
GATT Library | pn898xr8895 | Second Committee: Economic Development. Draft report of Committee II to the Conference | United Nations Conference on Trade and Employment, March 15, 1948 | 15/03/1948 | official documents | E/CONF.2/C.2/45 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/pn898xr8895 | pn898xr8895_90040244.xml | GATT_147 | 0 | 0 | ||
GATT Library | yg485jk2445 | Second Committee: Economic Development. I. Proposal in relation to report of joint Sub-Committe of Committees II and VI on articles 9, 10 and 11 (E/CONF.2/C.2/36). II. Proposal in relation to report of Sub-Committee D on footnote to chapter III on "Recons : Corrigendum | United Nations Conference on Trade and Employment, February 21, 1948 | 21/02/1948 | official documents | E/CONF.2/C.2/39/Corr.1 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/yg485jk2445 | yg485jk2445_90040236.xml | GATT_147 | 176 | 1,308 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/39/
ON DU Corr.1 21 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH - FRENCH
ORIGINAL: ENGLISH
SECOND COMMTTEE: ECONOMIC DEVELOPMENT
I. PROPOSAL IN RELATION TO REPORT OF JOINT SUB-COMMITTE OF
COMMITTEES II AND VI ON ARTICLES 9, 10 AND 11 (E/CONF.2/C.2/36)
II. PROPOSAL IN RELATION TO REPORT OF SUB-COMMITTEE D ON FOOTNOTE
TO CHAPTER III ON "RECONSTRUCTION" (E/CONF.2/C.2/35)
CORRIGENDUM
In the third line of paragraph 2 in Part I delete the word "the" before
the words "Members of the Working Party" and substitute the word "three".
DEUXIEME COMMISSION: DEVELOPPEMENT ECONOMIQUE
I. PROPOSITION RELATIVE AU RAPPORT DE LA SOUS-COMMISSION MIXTE DES
DEUXIEME ET SIXIEME COMMISSIONS, CHARGEE DE L'ETUDE DES ARTICLES 9,
10 ct 11 (E/CONF.2/C.2/36)
II. PROPOSITION RELATIVE AU RAPPORT DE LA SOUS-COMMISSION D CHARGEE DE
L'EXAMEN DE LA NOTE RELATIVE A LA "RECONSTRUCTION" FIGURANT AU
CHAPITRE III (E/CONF.2/C.2/35)
RECTIFICATIF
A la troieième ligne du paragraphe 2 de la première partie, remplacer le
mot "les" devant les mots "eombeos du groueo eo travail" par eo mot "trois. |
|
GATT Library | zb378kz6855 | Second Committee: Economic Development. I. Proposal in relation to report of joint Sub-Committe of Committees II and VI on articles 9, 10 and 11 (E/CONF.2/C.2/36). II. Proposal in relation to report of Sub-Committee D on footnote to chapter III on "Recons : Corrigendum | United Nations Conference on Trade and Employment, February 21, 1948 | 21/02/1948 | official documents | E/CONF.2/C.2/39/Corr.1 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/zb378kz6855 | zb378kz6855_90040236.xml | GATT_147 | 0 | 0 | ||
GATT Library | hj468zt8979 | Second Committee: Economic Development. Joint Sub-Committee of Committees II and III on tariff preferences report to Committee II on article 15 | United Nations Conference on Trade and Employment, March 10, 1948 | 10/03/1948 | official documents | E/CONF.2/C.2/42 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/hj468zt8979 | hj468zt8979_90040241.xml | GATT_147 | 2,868 | 19,255 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/42
ON DU 10 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
JOINT SUB-COMMITTEE OF COMMITTEES II AND III ON TARIFF PREFERENCES
REPORT TO COMMITTEE II ON ARTICLE 15
PART I
1. The Joint Sub-Committee of Committees II and III was established with
the following terms of reference:
"To consider and submit recommendations to both Committees regarding
Articles 15, 16 (2) and (3) and 42 and the relevant proposals and
amendments submitted in relation thereto with a view to finding a
solution of the question of new preferential arrangements, including
those for purposes of economic development and reconstruction, and of
the maintenance of existing preferences as an exception from the
most-favoured-nation clause."
2. The Joint Sub-Committee consisted of representatives of the following
delegations: Argentina, Belgium, Brazil, Canada, Chile, El Salvador, France,"
Haiti, Iran, Poland, Sweden, Syria, Turkey, United Kingdom, United States and
Venezuela.
3. Mr. Stig SAHLIN (Sweden) was elected Chairman. At the eleventh meeting,
Mr.Jean ROYER (France) was elected in the place of Mr. Sahlin who had left
Havana.
4. The Sub-Committee held fourteen meetings. At the tenth meeting, it was
decided to set up a Working Party, consisting of representatives of Belgium,
Chile, France, Syria, United Kingdom, United States and Venezuela. The
Working Party held twenty-nine meetings, under the Chairmanship of Mr. Royer,
and its Report to the Sub-Committee is contained in document E/CONF.2/C.2&3/A/14.
5. The Working Party made substantial progress in drafting a revised text of
Article 15. Certain major points of difference were, however, taken up by
the Co-ordinating Committee whose proposals were endorsed by the Heads of
Delegations. Acting on the basis of these recommendations, the Sub-Committee
submits the text of Article 15 annexed to this Report. In doing so, it wishes
to emphasize that in its consideration of the text received from the
Co-ordinating Committee, it has confined itself to matter of drafting and
clarification and, in accordance with the recommendation of Heads of
/Delegations E/CONF.2/C. 2/42
Page 2
Delegations, has made no changes of substance. Support of the present
compromise text by members of the Sub-Committee does not mean that they
entirely agree with it, but only that they are willing to approve the text
as a whole in order to reach the general settlement recommended by the Heads
of Delegations.
6. The recommendations of the Sub-Committee in regard to Articles 16 and 42
are contained in its Report to Committee III (document E/CONF.2/C.3/78).
7. Part II of this Report contains a brief statement on the main changes
in the Geneva text of Article 15 and on the manner in which the Sub-Committee
dealt with the proposed amendment listed below:
Paragraph Number Country Symbol of Pages of Revised
(Geneva Text) 2Document Annotated Agenda
Originally (E/CONF.2/C.2/9)
Submitted
E/CONF. 2
1 Argentina 11/Add.3 61
1 Chile C.2/6/Add. 4 61
1 Venezuela C.2/6/Add.18 61
Additional Chile C.2/6/Add.4 61
2 Chile C.2/6/Add.4 62
2 Argentina 11/Add. 3 62
2 Venezuela C.2/6/Add.18 63
4 (d)* Poland /50
(The amendment to paragraph 1 of the Geneva Text proposed by the delegation
of Ecuador (page 61 of E/CONF.2/C.2/9) bad been withdrawn at the ninth meeting
of Committee II).
Text of Co-ordinating Committee.
PART II
8. The main change in Article 15, originating in a proposal by the Polish
delegate is the introduction of specific "conditions and requirements''
releting to proposed new preferential agreements. If the Organization finds
that a proposed agreement fulfils these conditions and requirements its
approval of it will in effect be automatic, provided only that the Organization
also finds that the agreement is unlikely to injure substantially the external
trade of Members not parties to it; moreover, even if substantial injury is
/found to be 2
Page 3
found to be likely, provision is made for negotiation and compensation, so
that under certain specified conditions the Organization shall nevertheless
approve the agreement. As a result of this elaboration of Article 15, it
has been possible to confine the more stringent procedure of prior approval,
set out in the second sentence of paragaph 1 of the Geneva text, to new
preferential agreements which do not conform to the above-mentioned
conditions and requirements. It is felt that the introduction of procedure
for automatic approval partly covers proposals by Chile (C.2/9, page 62) and
Venezuela (C.2/9, page 63). The delegation of Brazil withdrew its reservation,
(C.2/9, page 63) on condition that the recommendations of the Heads of
Delegations are accepted as a whole. Proposals by Argentina (C.2/9,
pages 61 and 62) relating to the powers of the Organization were not accepted,
and the delegation of Argentina reserved its position ai it considered that
sovereign powers should not be placed in the hands of an international
ganorization. The delegations of Haitin ad Turkey reserved their positions
on the whole Article pending decisions on Article 16. The delegation of Chile
maintained the reservation on the whole Article which it had put on record
at the meeting of Heads of Delegations.
Paragraph1
9. Paragraph 1 of the new text consists only of the first sentence of
paragraph 1 in th Geeneva Text, which remains substantially unchanged. An
interpretative note has been added to make it clear that the special
cicumstances mentioned are those referred to in the Artcile itself
Paragraph 2
10 Paragraph 2, regarding notificaion, is substantially the same as the
first sentence of paragraph 2 in the Geneva text.
Paragraph 3
11. Paragraph 3 contains the substance of the second sentence of pargraaph 1
of the Geneva text, but now in effect applies only to new preferential
agreements which do not fulfil the conditions and requirements of paragraph4 .
Proposals by Argentina ,Chile and Venezuela (C.2/9, page 61) to delete this,
sentenece in the Geneva Text were not accepted.
Paragraph 4.
12. Paragraph 4 is entirely new, and states the conditions and requirements
determining the Organization's approval of a proposed new preferential
agreement. It is thought that these new provisions go some way to meet the
proposal by Chile (C.2/9, page 61) for a new paragraph designed to permit
preferential arrangements between adjacent underdeveloped countries.
13. A proposal was considered to delete the words "between Members" from the
/preamble Page 4
preamble, it being argued that this limitation had been introduced without
adequate discussion. It was the view of the Sub-Committee, however, that the
words should remain. The delegates of Argentina, Chile, Poland, Syria and
Venezuela 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,
and the delegate of Argentina reserved his positions.
14. The delegate of the United Kingdom entered a formal reservation on
sub-paragraph (a) and the interpretative note pending instructions from his
government.
15. The delegate of Poland presented an amendment (E/CONF.2/50) to sub-
paragraph (d) designed to permit compensatory tariff preferences on products
not conforming to the development and reconstruction criteria of sub-
paragraph (b), subject to progressive elimination and limits as to duration
and margins of preference. The Sub-Committee could accept neither this
proposal nor an alternative proposal by the delegate of Argentina to insert
a text previously discussed by the Working Party. The delegates of Argentina,
Chile and Poland asked for their view to be recorded that rejection of these
proposals would make the introduction of new preferential arrangements very
difficult, if not impossible.
Paragraph 5
16. Paragraph 5 is a new provision by which the Organization may require a
reduction in an unbound most-favoured-nation rate of duty on a product covered
by a proposed preferential agreement, if, on appeal by an affected Member, it
considers the rate to be excessive. A number of delegates would have preferred
greater clarity in this paragraph, but, taking into account the recommendations
of the Heads of Delegations, the Sub-Cmomittee was unable to draft a clearer
text which would have been acceptable to all its members.
Paragraph 6
17. Paragraph 6 provides for approval by the Organization within two months
if it finds that an agreement fulfils the conditions of paragraph 4 and would
not injure substantially the external trade of other Members. Moreover
conditions are laid down in regard to compensation for injured Members, ect.
8 In regard to the compensation provided for in sub-paragraph (b), it is
understood that this may be of either a negative or positive character; that
is to say, the Organization, may, in appropriate circumstances, allow
compensation to take the form of withdrawal of concessions by an injured
Member, and not merely of the establishment of new concessions in favour of
the latter.
19. Provision is made regarding existing agreements, such as those deriving
/from the Page 5
from the Treaty of Launanne, entitling Members to depart from most-favoured
nation treatment for the purpose of establishing regional preferences. An
interpretative note has also been added in nerogard to rights to to conclude
preferential agreements which may have eben recognized in respect of mandated
territories which became independent before 21 November 1947.
In regard to sub-paragraph (d), the delegate of Iraq (not a member of
the Sub-Committee) proposed that the provision relating to substantial injury
should be limited to Member which, in their most-favoured-nation treaties
with the parties to the agreement, have not recognized the right in question
to depart from most-favoured-nation treatment. The sense of the Sub-Cmomittee
was against this proposal; therefore the delegates of Iraq and Syria reserved
their right to reopen the question in Committee. The word "procedure" agreed
by the Co-ordanating Committee in the last sentence of this sub-paragraph,
has been changed to "provisions" in order to make it clear that sub-pagraph (d)
is not subject to the provisions of sub- praagraph (c). Page 6
ARTICLE 15
PREFERENTIAL ARRANGEMENTS FOR ECONOMIC DEVELOPMENT AND RECONSTRUCTION
1. The Members recognize that special circumstances, including the need for
economic development or reconstruction, may justify new preferential agreements
between two or more countries in the interest of the programmes of economic
development or reconstruction of one or more of them.
2. Any Member or Members contemplating the conclusion of such an agreement
shall communicate their intention to the Organization and provide it with the
relevant information to enable it to consider the contemplated agreement. The
Organization shall promptly communicate such information to all Members.
3. The Organization shall examine the proposal and, subject to such
conditions as it may impose, may, by a two-thirds majority of the Members
present and voting, grant an exception to the provisions of Article 16 to
permit the proposed arrangements to be made.
4. Notwithstanding the provisions of paragraph 3, the Organization shall
permit the necessary departure from the provisions of Article 16, in
accordance with the provisions of paragraphs 5 and 6, in respect of a proposed
agreement between Members for the establishment of tariff preferences which it
determines to fulfil the following conditions and requirements:
(a) the territories of the parties to the agreement shall be contiguous
one with another, or all parties shall belong to the same economic region;
(b) any tariff preference provided for in the agreement is necessary
to ensure a sound and adequate market for a branch of industry or
agriculture which is being or is to be created or reconstructed or
substantially developed or substantially modernized;
(c) the parties to the agreement undertake to grant free entry for the
product or products of the branch of industry or agriculture referred to
in sub-paragraph (b) or to apply to such products custom duties
sufficiently low to ensure that the objectives provided for in
sub-paragraph (b) shall be achieved;
(d) any compensation granted to the other parties by the party
receiving preferential treatment shall, if it is a preferential
concession, conform with the provisions of this paragraph;
/(e) the agreement E/CONF.2/C.2/42
page .7
(e) the agreement contains provisions permitting the adherence
of other Members, which are able to qualify as parties te the
agreement under the provisions of this paragraph, in the interest
of their programmes of economic development or reconstruction on
terms and conditions to be determined by negotiation with the
parties to the agreement. The provisions of Chapter VIII may be
invoked by such a Member in this respect only on the ground that
it has been unjustifiably excluded from participation in such an
agreement;
(f) the agreement contains provisions for its termination
according to its purposes and within a period necessary for
the fulfillment of such purposes but in any case not more than
ten years, provided that any renewal shall be subject to the
approval of the Organization and shall not be for period greater
than five yearn each.
5. When the Organization, upon the application of a Member, approves a margin
of preference in accordance with paragraph as an exception to Article 16 in
respect of the products covered by the proposed agreement, it may, as a
condition of its approval, require a reduction in an unbound most-favoured-
nation rate of duty proposed by the Member in respect of any product so covered,
if in the light of the representations of any affected Member it considers that
rate excessive.
6. (a) If the Organization finds that the contemplated agreement fulfills
the conditions set forth in paragraph 4 and that the conclusion of the
agreemenist not likely to cause substantial injury to the external
trade of a Member not party to the agreement, it shall within two
months authorize the parties to the agreement to depart from the
provisions of Article 16 as regards the products covered by the
agreement. If the Organization does not give a ruling within the
specified period, the authorization of the Organization shall be
considered automatically received.
(b) If the Organization finds that the agreement, while fulfilling
the conditions set forth in paragraph 4, is likely to cause substantial
injury to the external trade of a Member not party to the agreement,
the Organization shall inform interested Members of sit finding and
shall require the Members contemplating the agreement to enter into
/negotiation E/CONF .2/C .2/42
negotiations with that Member. When agreement is reached in the
negotiations, the Organization shall-authorize the Members
contemplating the preferential agreement to depart from the
provisions of Article 16 as regards the products covered by the
preferential agreement. If, within two months from the date on
which the Organization suggested such negotiations, the
negotiations have failed and the Organization considers that the
injured Member is unreasonably preventing the conclusion of the
negotiations it shall permit the necessary departure from the
provisions of Article 16 by fixing a fair compensation to be
granted by the parties to the agreement to the injured Member or,
if this is not possible or reasonable, by ordering such Modification
of the agreement as will give such Member fair treatment. Th-
provisions of Chapter IVII may be invoekd bys uch Member only if it
does not accept the decision of the Organization regarding such
compensation.
(c) iI the Organization finds that het agreement while fulflliong
the conditinsos et forth in paragraph 4 si likely to jeopardize
serlously the economic position of a Memberion world trade, it shall
not agree to any departure from the provisions of Article 16 unless
the partise ot the agreement have reached a mutuallys satsfactory
understanding with that Member.
(d) If therOrganizatino finds that the prospective parties to a
regional prferential agreement have, before 21 November 194,7
obtained from ciuntries representing at least two-thrids of their
import trade,the right to depart from most-favorued-nation
treatmentin teh cases envisaged in the agreement ,the Organizatino
shell, without .rejudice to the conditions goveoning such recognition,
grant the authorization provided for in paragraph 5 and in
subparagraph (a) of this paragraph, provided that the conditions
set out in sub-paragraphs (a), (e) and (f) of paragraph 4 are
fulfilled. Nevertheless; if the Organization finds that the
external trade of one or more Members, which have not recognized
this right to depart from most-favoured-nation treatment, is
threatened with substantial injury, it shall invite the parties to
the agrement to enter into negotiations with the injured Member;
/and the procedure E/CONF.2/C.2/4
Page 9
and the procedure of sub-paragraph (b) above shall apply.
INTERPRETATIVE NOTES
Paragraph 1
It is understood that the special circumstances mentioned in paragraph 1
are those referred to in Article 15 itself.
Paragraph 4 (a)
The Organization need not interpret the term "economic region" to require
close geographical proximity if it is satisfied that a sufficient degree of
economic integration exists between the countries concerned.
Paragraph 6 (d)
It is understood that the words "have, before 21 November 1947, obtained
from countries representing at least two-thirds of their import trade, the
right to depart from most-favoured-nation treatment for the purpose of
establishing regional preferences as envisaged in the agreement" cover rights
to conclude preferential agreements which may have been recognized in respect
of mandated territories which became independent before 21 November 1947, in
so far as these rights have not been specifically denounced before that date.
CONSEQUENTIAL AMENDMENT OF ARTICLE 13
Insert in paragraph 2 (a) of Article 33, after the word "reconstruction"
in the second line, "or for the purpose of increasing a most-favoured-nation
rate of duty in connection wtth the establishment of a new preferential
agreement in accordance with Article 15". |
|
GATT Library | dt227wb2845 | Second Committee: Economic Development. Report of Sub-Committe C on articles 13 and 14 redraft of paragraph 9 of the Sub-Committee's report on article 13 proposed by the Delegations of Australia, Southern Rhodesia and the United Kingdom | United Nations Conference on Trade and Employment, March 13, 1948 | 13/03/1948 | official documents | E/CONF.2/C.2/41/Add.2 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/dt227wb2845 | dt227wb2845_90040240.xml | GATT_147 | 194 | 1,439 | United Nations Nations Unies UNRESTRICTED
United Nations E/CONF. 2/C. 2/41/
CONFERENCE CONFERENCE Add. 2
ON DU 13 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLSH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
REPORT OF SUB-COMMITTE C ON ARTICLES 13 AND 14
REDRAFT OF PARAGRAPH 9 OF THE SUB-COMMITTEE'S REPORT ON
ARTICLE 13 PROPOSED BY THE DELEGATIONS OF AUSTRALIA, SOUTHERN RHODESIA AND
THE UNITED KINGDOM
With regard to the interpretation of the words "materially affected"
in Article 13 it was agreed that this term was not restricted to those countries
which in the past were principal suppliers. With regard to the use of those
words in sub-paragraph 2 (a) (ii) it was assumed that the Organization would
have due regard to the contractual rights of Members. In interpreting these
word in paragraphs 3 and 4 (d), it would be proper for the Organization to
have regard, for instance, to the interests of Members which supplied a large
proportion of the imports of the applicant Member in the product concerned,
those Members which were substantially interested in exporting the product to
world markets, and those Members whose economies were materially dependent
on exports of the product. |
|
GATT Library | pk258nq0706 | Second Committee: Economic Development. Report of Sub-Committee B on article 12 - International Investment for Economic Development | United Nations Conference on Trade and Employment, January 23, 1948 | 23/01/1948 | official documents | E/CONF.2/C.2/29 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/pk258nq0706 | pk258nq0706_90040221.xml | GATT_147 | 893 | 6,106 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2 /C. 2/29
ON DU 23 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
REPORT OF SUB-COMMITTEE B ON
ARTICLE 12 - INTERNATIONAL INVESTMENT FOR ECONOMIC DEVELOPMENT
1. At its Thirteenth Meeting Committee II appointed a Sub-Committee to
consider Article 12 and the amendments submitted thereto. The Sub-Committee
consisted of the delegates of Australia, Brazil, Canada, Ceylon, Czechoslovakia,
Egypt, India, Mexico, Netherlands, New Zealand, Sweden, United Kingdom,
United States of American and Venezuela. Mr. Jose GARRIDO TORRES (Brazil)
was elected Chairman of the Sub-Committee.
2. The Sub-Committee hold seven meetings and has agreed on the text of
Article 12 which appears at the end of this report. In the course of the
discussion of Article 12 certain Members of the Sub-Committee withdrew their
proposed amendments. The Sub-Committee consider that the amendment not so
disposed of are either taken into account or disposed of by the text of
Article 12 which appear below. The Sub-Committee also considers that certain
amendments relating to the provision of capital on reasonable terms by
capital-exporting countries are met to a reasonable extent by the provisions
of Article 11. It is considered that the Chilean amendment relating to
adequate participation of nationals of a capital-importing country in the
financing, management, and administration of enterprises referred to in
paragraph 3 of Article 12 (see E/CONF.2/C.2/9/p.19) is covered to the extent
appropriate in the draft of Article 12 below.
In view of the extensive revision of Article 12 which has been agreed
by the Sub-Committee, it is not practicable to show in detail the changes made
in the Geneva text.
3. In the course of considering Article 12 the Sub-Committee agreed on
several interpretations of the Article as follows:
(a) The requirements referred to in paragraph 1 sub-paragraph (c) (iv)
may, provided they are reasonable, relate either to foreign investments
only or to investments generally.
(b) Legislative or constitutional requirements, existing at the time
that an investment is made and providing for recourse only to national
courts, would not in themselves be reviewable pursuant to Chapter VIII.
/Chapter VIII E/CONF. 2/C. 2/29
Page 2
Chapter VIII provides for review by the Organization of whether
nullification or impairment of a benefit accruing to a Member under the
Charter has taken place, even if the nullification or impairment arises
out of a measure completely consistent with the Charter, or "any other
situation", even if there is no violation of the Charter, and without
involving the power of the Organization to pass or judge upon the
validity of the measure itself taken by a Member, or of a decision
taken by a Member's national courts.
(c) The Articles of Agreement of the International Monetary Fund are
included among the international agreements referred to in paragraph 2,
sub-paragraph (b).
4. The Indian delegation reserved its position on paragraph 2 of the text,
pending instructions from its Government.
5. The text of Article 12 as agreed by the Sub-Committee is as follows:
"ARTICLE 12
INTERNATIONAL INVESTMENT FOR ECONOMIC DEVELOPMENT
1. The Members recognize:
(a) that international investment, both public and private, can be
of great value in promoting economic development and consequent
social progress;
(b) that the international flow of capital will be stimulated to
the extent that Members afford national of other countries
opportunities for investment and security for existing and future
investments;
(c) that, without prejudice to existing international agreements
to which Members are parties, a Member has the right
(i) to take any appropriate safeguards necessary to ensure
that foreign investment is not used as a basis for
interference in its internal affairs or national policies;
(ii) to determine whether and to what extent and upon what
terms it will allow future foreign investment;
(iii) to prescribe and give effect on just terms to
requirements as to the ownership of existing and future
investments;
(iv) to prescribe and give effect to other reasonable
requirements with respect to existing and future
investments;
(d) that the interests of Members whose nationals are in a
position to provide capital for international investment and of
Members who desire to obtain the use of such capital to promote
/their economic E/CONF. 2/C.2/29
Page 3
their economic development may be promoted if such Members enter
into bilateral or multilateral agreements relating to the
opportunities and security for investment which the Members are
prepared to offer end any limitations which they are prepared to
accept of the rights referred to in sub-paragraph (c) of this
paragraph.
2. Members therefore undertake:
(a) Subject to paragraph 1 sub-paragraph (o) of this Article
and any agreements entered into under paragraph 1 sub-paragraph (d)
(i) to provide reasonable opportunities for investments
acceptable to them and adequate security for existing
and future investments and,
(ii) to give due regard to the desirability of avoiding
discrimination as between foreign investment.
(b) Without prejudice to existing international agreement to
which Members are parties upon the request of any Member to enter
into consultation or to participate in negotiations directed toward
the conclusion, if mutually acceptable, of an agreement of the
kind referred to in paragraph 1 sub-paragraph (d) of this Article.
3. Members shall promote co-operation between national and foreign
enterprises or investors for the purpose of fostering economic
development in cases where such co-operation appears to the Members
concerned to be appropriate." |
|
GATT Library | jm294py7457 | Second Committee: Economic Development. Report of Sub-Committee B on article 12 (International Investment for Economic Development) : Corrigendum | United Nations Conference on Trade and Employment, February 9, 1948 | 09/02/1948 | official documents | E/CONF.2/C.2/29/Corr.2 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/jm294py7457 | jm294py7457_90040222.xml | GATT_147 | 125 | 1,054 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C.2/29/
Corr.2
9 February 1948
ENGLISH FRENCH -
SPANISH
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
REPORT OF SUB-COMMITTEE B ON ARTICLE 12
(International Investment for Economic Development)
CORRIGENDUM
This document (E/CONF.2/C.2/29) which was classified as Restricted
should be classified as Unrestricted.
DEUXIEME COMMISSION : DEVELOPMENT ECONOMIQUE
RAPPORT DE LA SOUS-COMMISSION B CHARGEE DE L'EXAMEN DE L'ARTICLE 12
(Investissements inrernationaux destinés au développement économique)
CORRECTIF
Co document (E/CONF.2/C.2/29) qui a été classé commo"restricted" doit
ètre classé commo "unrestricted".
SEGUNDA COMISION: DESARROLLO COMERCIAL
INFORME DEL SUBCOMTTE B SOBRE EL ARTICULO 12
INVERSIONES INTERNACIONALES PARA FAVORECER EL DESARROLLO ECONOMICO
CORRIGENDUM
El documento (E/CONF.2/C.2/29) que esté clausificado como" restricted"
debe clas?ficársele como "unresatricted". |
|
GATT Library | nb283nt4494 | Second Committee: Economic Development. Report of Sub-Committee C on articles 13 and 14 | United Nations Conference on Trade and Employment, March 10, 1948 | 10/03/1948 | official documents | E/CONF.2/C.2/41 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/nb283nt4494 | nb283nt4494_90040238.xml | GATT_147 | 4,281 | 28,313 | United Nations Nations Unies E/CONF.2/C. 2/41
CONFERENCE CONFERENCE 10 March 1948
ON DU ORIGINAL: ENGLlSH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
REPORT OF SUB-COMMITTEE C ON ARTICLES 13 AND 14
1. Sub-Committee C was appointed at the sixteenth meeting of Committee II
with terms of reference as follows:
"To examine and submit recommendations to Committee II
concerning the proposals on Articles 13 and 14 with authority
to consult, if considered necessary, with the Sub-Committee
of Committee III on Articles 20 and 22."
2. The Sub-Committee was composed of representatives of:
Argentina Iraq
Australia Mexico
Brazil Netherlands
Canada Norway
China Philippines
Colombia United Kingdom
Cuba United States
India Uruguay
Dr. Gustavo GutierrezCuba) was elected Chairman of the Sub-Committee.
3. A number of representatives of delegations who were not Members of the
Sub-Committee attended as observers and in many cases took part in the
discussion on particular amendments for which they were primarily responsible
or in which they had a special interest.
4. The Sub-Committee held fourteen meetings. It examined Articles 13 and
14 and the amendments submitted thereto as listed in Annex A. The delegation
for Brazil submitted two working papers, which redrafted paragraphs 2 to 5
inclusive of the Geneva draft of Article 13 (see Annex A). These were
adopted as the basis for discussion. After the Sub-Committee had almost
completed its work on Article 13 and the amendments submitted thereto, the
Article was also examined by the Co-ordinating Committee. The Sub-Committee
took into account the text submitted byethe Co-ordinating Committee
(E/CONF.2/45/Rev.1) in accordance with the recommendations of the Heads of
Delegations (E/CONF.2/51). As a result the Sub-Committee decided to
recommend texts of Articles 13 and 14 as set out in Annex B. It was agreed
that this recommendation disposed of all the ammendments listed in ANNEX A.
/5. The Sub-Committee E/CONF.2/C.2/41 Page 2
5. The Sub-Committee considered the amendment of Cuba to insert the word
"maintenance" and the amendment of New Zealand to insert the word "maintain"
in paragraph 1 of Article 13 and the amendments arising as a consequence
thereof (see Annex A) and expressed the view that the amendments were already
covered in the text set out in Annex B. It was agreed that the word
"development", as used in Article 13, might cover cases in which the branch of
industry or agriculture to be developed had been established before the date
of the Member's application to the Organization.
6. The Sub-Committee considered it desirable to record that paragraph 4 (b)
(ii) as originally submitted to the Co-ordinatlng Committee ended with the
words "reduced as a result of new or increased restrictions imposed by some
other government or governments".
7. With regard to the meaning of the word "procesing" appearing in
paragraphs 4 (b) (ii) and 4 (b) (iii) of Article 13 it was agreed that
processing meant the transformation of a primary commodity into semi-finished
or finished goods but did not refer to highly developed industrial processes
such as the manufacture of precision instruments.
8. With regard to the reference to international trade at the end of
paragraph 4 (b) (iii) of Article 13 it was agreed that this was a reference
to international trade in general and not to trade in the specific product
to which the measure in question related.
9. With regard to the interpretation of the words "materially affected" in
paragraphs 3 and 4 (d) of Article 13 it was agreed that this term was not
restricted to those countries which in the past were the principal suppliers
and that it would be proper for the Organization to have regard for instance
to the interests of those Members which supplied a large proportion of the
imports of the applicant Member in the product concerned,those Members which
were substantially interested in exporting the product to world markets, and
those Members whose economies were materially depedent on exports of the
product.
10. With regard to paragraph 4 (e) of theArticle 13 Sub- committee agreed that
the powers of the Organization under Article13 were vested in the conference
in accordance with paragraph 1ofArticle 74 and that it would be for theldbef h
Conference under thei proovisonsara f 2 pgf Article 74 to assign anyraph oig7h tgabsatn any
ofE etheives 'ard.nActiheoEimeBtho conference would the ;xcuAttme ttl t nCndeeco oud
sdete appeal to the conference from anyrmine the extent and condition of)nte fr mq4mwyereIco an
deccisappeale couldio of te Bxcdiv ao arrcuandncesein ish t 1l colcppeaJied
be"pe made decisionme euCronetigeduhat the thrase swnding aq d phpe n a-dio
uld be takenby the Organizatin" sh u the final decision d rrtot
decisions being followedby confe the revent ofiusqQ inX qh
y an appao o the CQnfrence by the applicant Member.
/. It was agreed Page 3
11. It was agreed that the proviso at the end of sub-paragraph 4 (e) of
Article 13 would permit a Member to prohibit entirely or reduce the imports
of a product to the extent needed to ensure that, over the whole period
following the increase in imports referred to in that sub-paragraph, that
product was not imported at a rate greater than in the most recent
representative period preceding the date of notification.
12. With regard to paragraph 4 (f) of Article 13 it was agreed that the date
cited therein by which the applicant Member would be notified whether or not
it would be released from its obligations should be the date on which the
competent organ of first jurisdiction would give its ruling. It was also noted
that paragraph 2 of Article 73 permitted the Conference to establish rules of
procedure appropriate for the carrying out of its functions during the
intervals between its sessions, e.g. voting by cable or air mail.
13 In connection with Article 14 the attention of the Sub-Committee was
invited to the possibility that in certain special circumstances beyond their
control some signatories to the Final Act of the Second Session of the
Preparatory Committee of the United Nations Conference on Trade and Employment
may find themselves unable for some time to apply the provisions of the
General Agreement on Tariffs and Trade. The Sub-Committee noted that an
application could be made to the Contracting Parties for an amendment to
that Agreement to meet these cases. If the amendment were accepted, it
would then be possible for the Contracting Parties to consider an application
for new dates to be established and to replace those of 1 September 1947 and
10 October 1947 at present specified in paragraph 6 of Article XVIII of the
Agreement. In order to prevent any decision under the provisions of such
an amendment, if it were accepted by the Contracting Parties, from becoming
ineffective on the date of entry into force of the Charter the Sub-Committee
agreed to insert the proviso appearing at the end of paragraph 1 (a) of
Article 14. The representative of Brazil reserved his position pending a
decision by the Contracting Parties with regard to such an amendment to the
agreement.
14. The Sub-Committee agreed that the provisions of paragraph 2 of Article 14
as set out in Annex B were intended to qualify the statement in paragraph 1
that certain measures might be maintained and in an earlier draft considered
by it had been contained in a proviso to paragraph 1. It was agreed that
the Central Drafting Committee should be asked to consider whether the
conversion of the proviso to paragraph 1 into a separate paragraph would have
the effect of obscuring the qualification and, if so, to make any consequential
changes necessary in paragraph 1, such as, for example, the addition of the
words "Until the Organization gives a decision under paragraph 2 of this
/Article" Page 4 SJNJDJSHASLKJFJLJASJDKLJ
Artcle" at the beginning of the paragraph before the words "any Member may
maintain
15. The representative
with respect to Artcles
of Argentina reserved the position of his country
13 and 14 Page 5
ANNEX A
AMENDMENTS SUBMITTED TO ARTICLES 13 AND 14
Item No. Paragraph(a) Name of Country Symbol of Pages of Revised
Document Annotated Agenda
Originally (E/CONF.2/C.2/9)
Submitted (a)
1. Whole Article
2. Whole Article
3. Whole Article
4. Whole Article
5. Whole Article
6. Whole Article
7.Whole Article
8. Whole Article
9. Whole Article
10. 1
11.1
12.1
13. 1
14. 2GHJFJHFGH
2 17.2
18. 3
19. 3
20. 4
21.4
22.4
23.4
24.4
25.4 26.4JFJLGKJLKJ
5
Additional
Additional
ARTICLE 13
Argentina
Burma
Turkey
Ceylon
Ecuador
China
India
Mexico
Uruguay
United Kingdom
Cuba
Philippines
New Zealand
Cuba
Philippines
Brazil
Pakistan
Chile
Brazil
United Kingdom
Colombia
Cuba
Philippines
New Zealand
Brazil
Pakistan
Brazil
Iraq
Chile
11/Add. 3
11/Add. 23
11/Add. 26
11/Add. 33
C.2/6/Add.6
C.2/9/Add.3
C.2/6/Add.8
C. 2/6/Add. 11
C.2/6/Add.14
C. 2/6/Add.23
39,40,41&42
48 to 54 inclusive
29 (b)
43,44&45
29 (b)
35&36
45, 46&47
37,38&39
(c)
11/Add.8 29
C.2/6/Add.10 32
C.2/6/Add.12 34
C.2/6/Add.22 34
C.2/6/Add.10 33
C.2/6/Add.12 30&34
C.2/C/5 (d)
C.2/C/14 (e)
C.2/9/Add.1(f)
C.2/C/13
11/Add.8 31
C.2/6/Add.3 30
C.2/6/Add. 10 31&33
C.2/6/Add.12 31&34
C.2/6/Add.22 34
C.2/C/13 (g)
C.2/C/14 (e)
C.2/C/13 (g)
C.2/6/Add.20 32
C.2/9/Add.1 (h)
& Add.1/Corr.1
(a) initial symbol E/CONF.2 omitted
(b) See also E/CONF.2/C.2/9/Add.4/Corr.3
(c) See E/CONF.2/C.2/6/Add.23
(d) See E/CONF.2/C.2/C/5
(e) See E/CONF .2/C.2/C/14
(f)See E/CONF.2/C.2/9/Add.1
(g) See E/CONF.2/C.2/C/13
(h) See E/CONF.2/C.2/9/Add.1 and E/CONF.2/C.2/9/Add.1/Corr.1
(j) See E/CONF.2/C.2/9/Corr.5
. . . .
. ..
::
. .....
.
XQ1iTICLE 14 "
. .. .
,.
, - :;.: -:
6.
7.
a.
99.
10,
12,
13-3
16,
13,
1.7,
18.
19.,
20.
21.
22,
* 23,
24.
25,
26,
27,
i 28.
1 29.
. .
. E/CONF.2/C.2/41
Page 6
Item No. Paragraph(a)
Name of Country
Symbol of
Document
Originally
Submitted (a)
Pages of Revised
Annotated Agenda
(E/CONF . 2/C.2/9)
ARTICLE 14
1. 1
2. 1
3. 1
4. 1
5. 1
6. 1
7. 1
8. 2
9. 2
10. Two additional
11. Additional
Argentina
United Kingdom
Costa Rica
Turkey
Italy
Ecuador
Uruguay
Argentina
Uruguay
Philippines
Turkey
11/Add. 3
11/Add. 8
11/Add.16
11/Add.26
C.2/6/Add.1
C .2/6/Add.6
C.2/6/Add.23
11/Add.3
C .2/6/Add.23
C.2/6/Add.12
11/Add.26
(a) Initial symbol E/CONF.2/ omitted
(b) See also E/CONF.2/C.2/9/Add.4/Corr.3
(c) See E/CONF.2/C.2/6/Add.23
(d) See E/CONF.2/C.2/C/5
(e) See E/CONF.2/C.2/C/14
(f) See E/CONF.2/C.2/9/Add.1
(g) See E/CONF.2/C.2/C/13
(h) See E/CONF.2/C.2/9/Add.1 and E/CONF.2/C.2/9/Add.1/Corr.1
(j) See E/CONF.2/C.2/9/Corr.5
56,57,58&59
56
57&59
59
57
(C)
(j )
(c)
55&56
63 (b)
/ANNEX B E/CONF.2/C.2/41 Page 7
ANNEX B
Article 13
Governmental Assistance to
Economic Development
1. The Members recognize that special governmental assistance may be
required to promote the establishment, development or reconstruction of
particular industries, or particular branches of agriculture, and that in
appropriate circumstances the grant of such assistance in the form of
protective measures is justified. At the same time they recognize that an
unwise use of such measures would impose undue burdens on their own economies,
unwarranted restrictions on international trade and might increase unnecessarily
the difficulties of adjustment for the economies of other countries.
2. (a) If a Member in the interest of its economic development or
reconstruction or for the purpose of increasing a most-Favoured-nation
rate of duty in connection with the establishment of a new preferential
agreement in accordance with Article 15 considers it desirable to
adopt any non-discriminatory measure affecting imports which would
conflict with an obligation which the Member has assumed in respect
of any product through negotiations with any other Member or Members
pursuant to Chapter IV, but which would not conflict with the provisions
of that Chapter, such Member
(i) shall enter into direct negotiations with all the other
Members which have contractual rights with a view to
obtaining agreement. The Members shall be free to proceed
in accordance with the terms of any such agreement, provided
that the Organization is informed of the results of the
negotiations; or
(ii) shall initially or may in the event of failure to reach
agreement under sub-paragraph (i) above apply to the
Organization. The Organization shall determine, from
among Members which have contractual rights, the Member or Members
materially affected by the proposed measure and shall sponsor
/negotations E/CONF .2/C/.2/41
Page 8
negotiations between the applicant Member and these Members
with a view to obtaining expeditious and substantial agreement.
The Organization shall establish and communicate to the
Members concerned a time schedule for such negotiations,
following as far as practicable any time schedule which may
have been proposed by the applicant Member. The Members shall
commence and proceed continuously with such negotiations in
accordance with the time schedule laid down by the
Organization. At the request of a Member the Organization
may, where it concurs in principle with the proposed measure,
assist in the negotiations. Upon substantial agreement being
reached, the applicant Member may be released by the
Organization from the obligation referred to in this
paragraph, subject to such limitations as may have been agreed
upon in the negotiations between the Members concerned.
(b) If as a result of action initiated under this paragraph, there
should be an increase in the importations of the product or products
concerned, including products which can be directly substituted therefor,
which if continued would be so great as to jeopardize substantially
the establishment, development or reconstruction of the industry,
industries or branches of agriculture concerned, and if no preventive
measures consistent with this Charter can be found which seem likely
to prove effective, the applicant Member may, after informing, and when
practicable consulting with the Organization, adopt such other measures
as the situation may require; Provided that such measures do not restrict
imports more than necessary to offset the increase in imports referred to
in this sub-paragraph. Except in unusual circumstances, such measures
shall not reduce imports below the level obtaining in the most recent
representative period preceding the date on which the Member initiated
action under sub-paragraph (a) of this paragraph. The Organization
shall determine, as soon as practicable, whether such measures should
be continued, discontinued or modified. Such measures shall in any case
be terminated as soon as the Organization determines that the
negotiations are completed or discontinued. It is recognized that the
contractual relationships referred to in sub-paragraph (a) of this
paragraph involve reciprocal advantages, and therefore any other Member
which has a contractual right in respect of the product to which such
action relates, and whose trade is materially affected by the action,
/may suspend E/CONF .2/C .2/41
Page 9
may suspend the application to the trade of the applicant Member
of such substantially equivalent obligations or concessions under
Chapter IV, the suspensions ot which the Organization does not
disapprove. Any Member intending to suspend such application
shall consult the Organization before doing so.
3. In the case of any non-discriminatory measure affecting imports
which would conflict with the provisions of Chapter IV and which would
apply to any product in respect of which the Member has assumed an
obligation through negotiations with any other Member or Members
pursuant to-Chapter IV, the provisions of paragraph 2 (a) (ii) shall
apply; Provided that before granting a release the Organization
Shall afford adequate opportunity for all Members which it determines
to be materially affected to express their views. The provisions of
paragraph 2 (b) shall also be applicable in this case.
4. (a) If a Member in the interest of its economic development or
reconstruction considers it desirable to adopt any non-discriminatory
measure affecting imports which would conflict with any provision of
Chapter IV, but which would not apply to any product in respect of
which the Member has assumed an obligation through negotiations with
any other Member or Members pursuant to Chapter IV, such applicant
Member shall so notify the Organization and shall transmit to the
Organization a written statement of the considerations in support of
the adoption, for a specified period, of the proposed measure.
(b) After application by a Member the Organization shall concur in
the proposed measure and grant release from such provision for a
specified period if, having particular regard to the applicant Member's
need for economic development or reconstruction, it is established that
the measure
(i) is designed to protect a branch of industry, established
between 1 January 1939 and the date of signature of the
Final Act of the United Nations Conference on Trade and
Employment, which was protected during that period of its
development by abnormal conditions arising out of the war; or
(ii) is designed to promote the establishment or development of a
branch of industry for the processing of an indigenous
primary commodity, when the external sales of such commodity
have been materially reduced as a result of new or increased
/restrictions E/CONF.2/C.2/41
Page 10
restrictions imposed abroad; or
(iii) is necessary in view of the possibilities and resources of
the applicant Member to promote the establishment or
developmenrt of a branch of industry for the processing of an
indigenous primary commodity, or for the processing of a
by-product of such a branch of industry, which wouId otherwise
be wasted, in order to achieve a fuller and more economic
utilization of the applicant Member's natural resources and
manpower and, in the long run, to raise the, standard of living
within the territory of the applicant Member and is unlikely to
have a harmful effect in the long run, on international trade; or
(iv) is unlikely to be more restrictive of international trade than
any other practicable and reasonable measure permitted under
this Charter which could be imposed without undue difficulty
and is the one most suitable for the purpose having regard
to the economics of the branch, of industry or agriculture
concerned and.to the applicant Member's need for economic
development or reconstruction;
Provided that
1. any proposal by the applicant Member to apply any such measure,
with or without modification after the end of the initial
period, shall not be subject to the provisions of this sub-
paragraph; and
II. the Organization shall not concur in any measure under the
provisions of sub-paragraph b (i), b (ii) or b (iii) above
which is likely to cause serious prejudice to exports of a
primary commodity on which the economy of another Member is
largely dependent.
(c) The applicant Member shall apply all measures under sub-paragraph (b)
above in such a way as to avoid unnecessary damage to the commercial or
economic interests of any other Member including interests under
Articles 3 and 9.
(d) If the proposed measure does not fall within the provisions of sub-
paragraph (b), the Member
(i) may enter into direct consultations with the Member or Members
which, in its judgment, will be materially affected by the
measure, with a view to obtaining agreement. At the same time,
the Member shall inform the Organization of the consultations
relative thereto in order to afford the Organization an
/opportunity to E/CONF. 2/C . 2/41
Page 11
opportunity to determine whether all materially affected Members
are included within such conultations. Upon complete or
substantial agreement being reached, the Member interested in
taking the measure shall apply to the Organization for release.
The Organization shall promptly examine the application to
ascertain whether the interests of all the materially affected
Members were duly taken into account. If the Organization
reaches this conclusion, with or without further consultations
between the Members concerned, it shall release the applicant
Member from its obligations under the relevant provision of
Chapter IV, subject to such limitations as it may impose; or
(ii) may initially or in the event of failure to reach complete or
substantial agreement under sub-paragraph (i) above apply to the
Organization. The Organization shall promptly transmit the
statement submitted under sub-paragraph (a) above by the
applicant Member to the Member or Members which are determined by
the Organization to be materially affected by the proposed
measure. Such Member or Members shall, within the time limits
prescribed by the Organization, inform the Organization whether,
in the light of the anticipated effects of the proposed measure
on the economy of such Member or Members, there is any objection
to the proposed. measure. The Organization shall,
I. If there be no objection to the proposed measure on the part
of the affected Member or Members, immediately release the
applicant Member from its obligations under the relevant
provisions of Chapter IV; or
II. if there be any objection, promptly examine the proposed
measure, having regard to the provisions of the Charter, to
the considerations presented by the applicant Member and its
need for economic development or reconstruction, to the view
of the Member or Members determined to be materially
affected, and to the effect which the proposed measure, with
or without modifications, is likely to have, immediately and
in the long run, on international trade, and in the long run,
on the standard of living within the territory of the
applicant Member. If, as a result of such examination, the
Organization concurs in the proposed measure, with or
without modification, it shall release the applicant Member
from its obligations under the relevant Provision of
Chapter IV, subject to such limitations as it may impose.
/(o) If in E/CONF. 2/C. 2/41
Page 12
(e) If in anticipation of the concurrence of the Organization in the
adoption of a measure referred to in this paragraph there should be an
increase or threatened increase in the importations of the product or
products concerned, including products which can be directly substituted
therefor, so substantial as to jeopardize the establishment, development
or reconstruction of the industry, industries or branches of agriculture
concerned, and if no preventive measures consistent with this Charter can
be found which seem likely to prove effective, the applicant Member may,
after informing, and when practicable consulting with, the Organization,
adopt such other measures as the situation may require pending a decision
by the Organization on the Member's application; Provided that such
measures do not reduce imports below the level obtaining in the most
recent representative period preceding the date on which the Member's
original notification was made.
(f) In the case of measures referred to in this paragraph, the
Organization shall, at the earliest opportunity but ordinarily within
fifteen days after receipt of an application under the provisions of
sub-paragraph (b) or (d) (i) or (d) (ii) above advise the applicant Member
of the date by which it will be notified whether or not it is released
from such obligation or obligations as may be relevant. This date shall
be the earliest practicable but shall not be more than ninety days
subsequent to the receipt of such statement or application; Provided that,
if before the date set, unforeseen difficulties arise, the period may be
extended after consultation with the applicant Member. If the applicant
Member does not receive such decision by the date set, it may after
informing the Organization, institute the proposed measure.
5. The Organization and the Members concerned shall preserve the utmost
secrecy in respect of matters arising under this Article.
Interpretative Note
Paragraph 4 (b) (ii) and 4 (b) (iii)
The word "processing" as used in these sub-paragraphs means the
transformation of a primary commodity into semi-finished or finished goods
but does not refer to highly developed industrial processes.
Article 14
Transitional Measures
1. Any Member may maintain any non-discriminatory protective measure affecting
imports which has been imposed for the establishment, development or
/reconstruction of E/CONF.2/C.2.41
Page 13
reconstruction of particular industries, or particular branches of
and which is not otherwise permitted by this Charter; Provided that
notification was given of such measure and of each product to which it relates:
(a) in the case of a Member signatory to the Final Act of the Second
Session of the Preparatory Committee of the United Nations Conference on
Trade and Employment, in respect of measures in force on 1 September 1947
to the signatories of that Act not later than 10 October 1947, subject to
the provisions of paragraph 6 of Article XVIII of the General Agreement
on Tariffs and Trade; Provided that, if in special circumstances the
Contracting Parties to that Agreement agree to dates other than these
specified in this sub-paragraph, such other dates shall apply;
(b) in the case of any other Member, in respect of measures in force on
the date of deposit of its instrument of acceptance of the Charter or on
the date of entry into force of the Charter, whichever is the earlier,
in the former case to the signatories of the Final Act of the
United Nations Conference on Trade and Employment and in the latter case
to the Organization;
2. Any Member other than a Contracting Party to the General
Agreement on Tariffs and Trade maintaining any such measure shall within one
month of assuming Membership in the Organization notify it of the
considerations in support of the maintenance of the measure and the period for
which it wishes to maintain it, and the organizations , as soon as possible,
but in any case within twelve months of such Member assuming Membership in the
Organization, examine and give a decision concerning the measure as if it had
been submitted to the Organization for its concurrence under Article 13.
3. Any measure approved in accordance with the provisions of Article XVIII
of the General Agreement an Tariffs and Trade in effect at the time the Charter
enters into force may remain in effect thereafter, subject to the possibility
of review by the Organization.
4. This Article shall not be construed to apply to any measure relating to a
Product in respect of which the Member has assumed an obligation through
negotiations.
5. The Organization, in making a decision under this Article specifying a
date by which any modification in or withdrawal of the measure is to be made,
shall have regard to the possible need of a Member for a suitable period of
time in which to make such modification or withdrawal. |
|
GATT Library | sj343rc9262 | Second Committee: Economic Development. Report of Sub-Committee D on footnote to chapter III on "Reconstruction" | United Nations Conference on Trade and Employment, February 12, 1948 | 12/02/1948 | official documents | E/CONF.2/C.2/35 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/sj343rc9262 | sj343rc9262_90040229.xml | GATT_147 | 378 | 2,772 | United Nations Nations Unies E/CONF. 2/C.2/35
12 February 1948
CONFERENCE CONFERENCE
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
REPORT OF SUB-COMMITTEE D ON FOOTNOTE
TO CHAPTER III ON "RECONSTRUCTION"
1. At the sixteenth meeting of Committee II the Chairman appointed a
Sub-Committee composed of representatives of Australia, El Salvador, France,
Mexico, Poland, the United Kingdom with terms of reference as follows: "to
examine and submit recommendations concerning the footnote to Chapter III
on "reconstruction" appearing at the bottom of page 12 of the Draft Charter"
(E/CONF.2/C.2/SR.16).
2. The Sub-Committee held three meetings on 3, 13 and 28 January 1948.
Mr. C. Novoa, Mexico, was appointed Chairman.
3. While the Sub-Committee agreed that there was a difference between
reconstruction and development, they also agreed that for the purpose of the
provisions of Chapter III reconstruction and development should be treated
on equal terms. It was accordingly agreed to recommend the following
changes in Article 8 and in paragraphs 2 and 3 of Article 10 as amended
by the Sub-Committees concerned. In the text below the words underlined
are those recommended by the Sub-Committee.
Article 8
"The Members recognize that ................... and that the industrial
and general economic development of all countries, and particularly
of those in which resources are as yet relatively undeveloped, together
with the reconstruction of those countries whose economies have been
devastated by war, will improve opportunities...... .
Article 10 paragraph 2
"With a view to facilitating and promoting industrial and general,
economic development and consequently higher standards of living,
especially of those countries which are still relatively undeveloped,
together with the reconstruction of those countries whose economies have
been devastated by war, and subject to any arrangements ...........
0 paragrphagrap 3
"With a view to facilitating and promoting industrial and general
economic development especially of those countries which are still
/relatively B/CONF.2/C.2/35
Page 2
relatively undeveloped, together with the reconstruction of those
countries whose economies have been devastated by war, the Organization
shall..... ..
With respect to other parts of Chapter III it was agreed to recommend
that the Central Drafting Committee be asked to include at the appropriate
places such references to reconstruction as will result in the treatment
of reconstruction and development on equal terms. |
|
GATT Library | xc736jv8441 | Second Committee: Economic Development. Report to the Conference | United Nations Conference on Trade and Employment, March 18, 1948 | 18/03/1948 | official documents | E/CONF.2/69 and E/CONF.2/59/CORR.4 - 69/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/xc736jv8441 | xc736jv8441_90040143.xml | GATT_147 | 9,142 | 62,856 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/69
18 March 1948
ORIGNAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
REPORT TO THE CONFERENCE
1. The Second Committee was responsible for the examination of the Geneva
draft text of Chapter III on "Economic Development" together with proposals
submitted by delegations relating to the subject matter of the Chapter.
2. Mr. Ramon BETETA (Mexico) was elected Chairman at the first meeting of
the Committee (E/CONF.2/C.2/SR.1) and Mr. Emilio ABELLO (Philippines) was
elected Vice-Chairman at the second meeting (E/CONF.2/C.2/SR.2). On the
departure of Mr. Abello, Mr. Jose GARRIDO TORRES (Brazil) was elected Vice-
Chairman at the twenty-first meeting (E/CONF.2/C.2/SR.21).
3. The Committee held twenty-six meetings and succeaded in solving all.
the issues before it (E/CONF.2/C.2/SR.1 through E/CONF.2/C.2/SR.26).
Mr. Beteta presided at all meetings except the seventh to nineteenth inclusive
presided over by Mr. Abello and the twenty-second presided over by
Mr. Garrido Torres.
4. To facilitate its work the Committee established six sub-committees, two
of them jointly with other committees as listed below. The terms of reference
and the composition of each Sub-Committee, the proposals referred to it, the
document numbers of the Reports and of the Summary Records of the meetings at
which the Reports were approved by Committee II with or without modification,
as well as the precise modifications made, and any reservations are contained
In the Annexes listed below followed by the names of the Sub-Committees to
whose work they relate.
Annex I Sub-Committee A on Article 8
Annex II Joint Sub-Committee of Committees II
Annex III
Annex IV
Annex V
and VI on Articles 9, 10 and 11 and
on the Mexican proposal for the
establishment of a Committee for
Economic Development
Sub-Committee B on Article 12
Sub-Committee C on Articles 13 and 14
Joint Sub-Committee of Committees II
and III on Articles 15, 16 (2) end
16 (3) and 42
/Annex VI E/CONF.2/69
Page 2
Annex VI Sub-committee D on footnote to
Chapter III on "Reconstruction"
5. The text of Chapter III including interpretative notes as approved by
Committee II, after reference to the Central Drafting Committee and the text
of the resolution proposed to be adopted by the Conference are contained in
Annexes VII and VIII respectively. E/CONF.2/69
Page 3
ANNEX I
SUB-COMMITTEE A ON ARTICLE 8
Sub-Committee A on Article 8 consisting of representatives of
Australia, China and the United Kingdom was set up at the fifth meeting
of Committee II (E/CONF,2/C.2/SR.5) to examine the Article in the light
of the discussion at that meeting. Mr. D. K. LIEU (China) was elected
Chairman of the Sub-Comittee. A recommendation (see Secretariat Note
E/CONF.2/C.2/A/1) was submitted to the sixth meeting of Committee II
(E/CONF.2/C.2/SR.6, E/CONF.2/C.2/SR.6/Corr.1) but after further discussion
at that meeting the Sub-Ccmmittee was reconstituted with the addition of
the representatives of Argentina, Iran and New Zealand. A further
recommendation (see Secretariat Note E/CONF.2/C.2/A/3) was submitted to and
approved by the ninth meeting of Committee II (E/CONF.2/C.2/SR.9).
/ANNEX II E/CONF.2/69
Page 4
ANNEX II
JOINT SUB-CCMMITTEE OF COMMITTEES II AND VI ON ARTICLES 9, 10
AND 11 AND ON THE MEXICAN PROPOSAL FOR THE ESTABLISHMENT OF
AC COMMITTEE FOR ECONOMIC DEVELOPMENT
1. The Joint Sub-Committee of Committees II and VI was set up at the
sixth meeting of Committee II (E/CONF.2/C.2/SR.6) and at the fifth and
seventh meetings of Committee VI with terms of reference:
"1. To examine Articles 9, 10 and 11 of Chapter III, proposed
amendments thereto and any proposed new articles relating to the
positive functions of the Organization in promoting economic
development in the light of the discussion in Committee II with
a view to making recommendations as to the texts of those articles
and any organizational provisions which may be required as a
consequence thereof.
2. To examine the proposal of the Mexican delegation for the
establishment of an Econcmic Development Committee of the
Organization taking into account any conclusions reached under
paragraph 1 and any other relevant considerations.
3. In making recommendations under paragraphs 1 and 2 to take
into account the functions of other organs of the Organization
and of the United Nations and Specialized Agencies in general in
the field of economic development and any financial Implications.
4. To report to both Committee II and Committee VI."
2. The Joint Sub-Committee was composed of representatives of:
Australia France Turkey
Belgium Iraq United Kingdom
Brazil Mexico United States
China Pakistan Venezuela
Colombia South Africa
Dr. H. C. COOMBS (Australia) was elected Chairman of the Sub-Committee.
/3. The E/CONF. 2/69
3. The following proposals were submitted to the Joint Sub-Committee:
Item Article Paragraph(s) Name of Symbol of Docu- Page(s) of Revised
No. of the Country ment Originally Annotated Agenda
Geneva Draft Submitted (b) (E/CONF.2/C.2/9)
1. 9
2. 9.
3. 10
4. 10
5. 10
6. 10
7. 10
8. 11
9. 11
10. 11
11. 11
12. 11
13. 11
14. 11
15. 11
16. 11
17. 11
18. 11
19. 11
20. New 11A
21. 12
22. 12
23. New 12A
24. (a)
Ceylon
Mexico
2 Burma
2 Pakistan
2 Turkey
Additional Mexico
Additional Mexico
1 Italy
1 Chile
Uruguay
1 Mexico
1 China
2 Mexico
2 Burma
2 Norway
2 Chile
3 Afghanistan
Additional Peru
4 Mexico
Chile
Additional Chile
Additional Costa Rica
Colombia
Mexico
11/Add.33
C.2/6/Add.14
11/Add.2
C.2/6/Add.2
11/Add.26
C .2/6/Add.14
C.2/6/Add.14
11/Add.18
C.2/6/Add.4
C.2/6/Add.5/Rev.1
C.2/6/Add.14
C.2/6/Add.8
C.2/6/Add.14
11/Add.2
C.2/6/Add.16
C.2/6/Add.4
C.2/6/Add.7
C.2/6/Add.9
C.2/6/Add.14
C.2/6/Add.4
C.2/6/Add.4
11/Add.16
C.2/6/Add.3
C.2/6/Add.17
2
2
3
3
3
4
4
5
5 and 6
6 and 7 (c)
8
8
8
9 (C)
10
10 and 11 (c)
11
12 and 13 (c)
20 and 21 (d)
21
25, 26, 27,
(e)
(c)
(c)
(d)
28
(a) New Section D bis - Committee for Economic Development - in Chapter VII
(b) Initial symbol E/CONF.2 omitted in this column -
(c) See also E/CONF.2/C.2/9/Add.4/Corr.3
(d) Amendment appearing at bottom of page 20 and top of page 21
(e) Pages 11, 12 and 13 of E/CONF.2/C.6/12
The Report
/4. E/CONF.2/69
Page 6
4. The Report of the Joint Sub-Committee on Articles 9, 10 and 11
(E/CONF.2/C.2/36) was considered by Committee II at its twentieth,
twenty-first and tWenty-second meetings (E/CONF.2/C.2/SR.20,
E/CONF.2/C.2/SR.20/Corr.1, E/CONF.2/C.2/SR.20/Corr.2, E/CONF.2/C.2/SR.21,
E/CONF .2/C.2/SR.22 and E/CONF.2/C.2/39). The Report was approved with
modifications as ndicated in the aforementioned documents and below:
(a) Delete the second sentence of paragraph 6 and substitute:
"These provide that controversies, which are within the
domestic jurisdiction of such states, are to be
resolved by national tribunals. In some cases such
controversies may arise in connection with matters
dealt with in Article 11."
(b) Add the following paragraphs:
"In connection with the deletion of paragraph 4 of
Article 11.of.the Gepeva Draft Charter it was pointed out
that the paragraph merely stated that the term "nationals"
as used in that Article and in Article 12 comprised
natural and legal persons. However, certain delegations
called the attention of the Committee to provisions in
their Constitutions requiring certain types of activities
to be carried on by legal entities incorporated under their
domestic laws and also affecting the rights of persons
holding shares of such entities. It was further suggested
by certain delegations that the problem of the determination
of the nationality of legal entities was very complicated
and raised many questions of International law.
The deletion is to be taken as reflecting only the view
of the Committee that the constitutional provisions referred
to are not prejudiced and are outside the scope of the Charter,
though in their opinion this does not affect the construction
of the term "nationals" as used in Articles 11 and 12, without
prejudice to such provisions, as including both legal and
natural persons. The Committee also considered that the
problem of the nationality of legal entities was not
raised by the paragraph or by its deletion,"
5. The Mexican proposal for the establishment of a Committee for
Economic Development (item 24 in the list of proposals contained in
paragraph 3 above) was considered by the Joint Sub-Committee as explained
in Secretariat Note E/CONF.2/C.2/36/Add.1 and E/CONF.2/C.6/72/Add.1. No
/changes E/CONF.2/69
Page 7
changes in the Charter or other motion on this proposal were required as a
result of the Report of the Co-ordinating Committee (E/CONF.2/45/Rev.1) and
the recommendations thereon of the Heads of Delegations (E/CONF.2/51). The
Joint Sub-Committee therefore, held no meetings subsequent to the approval
of its Report on Articles 9, 10 and 11 and this Report is therefore its
final report.
/ANNEX III E/CONF.2/69
Page 8
ANNEX III
SUB-COMMITTEE B ON ARTICLE 12
1. Sub-Comittee B was set up at the thirteenth meeting of Committee II
to consider Article 12 and the amendments submitted thereto. The Sub.
Committee consisted of the representatives of Australia, Brazil, Canada,
Ceylon, Czechoslovakia, Egypt, India, Mexico, Netherlands, New Zealand,
Sweden, United Kingdom, United States of America and Venezuela.
Mr. Jose GARRIDO TORRES (Brazil) was elected Chairman of the Sub-Committee.
2. The following proposals were submitted to the Sub-Committee;
ARTICLE 12
(except Item 25)
Symbol of Pages of Revised
Item No. Paragraph(s) Name of country Document Annotated Agenda
of the Geneva Orginally (E/CONF.2/C.2/9)
draft Submitted (b)
1.Whole Article
Whole Article
Whole Article
Whole Article
1
1
1
1
2
1.
Burma
India
United States
Mexico
Argentina
Czechoslovakia
Ceylon
Pakistan
Uruguay
Norway
Venezuela
Afghanistan
New Zealand
Peru
Argentina
11/Add.2
11/Add .27
11/Add.20/Rev.2
C.2/6/Add.14
11/Add.3
11/Add.5
11/Add.33
C.2/6/Add.2
C.2/6/Add.5/Rev.1
C.2/6/Add.16
C.2/6/Add.18
C.2/6/Add.19
C.2/6/Add.22 &
C.2/9/Corr.4
C.2/9/Add.5 &
Add.5/Corr.1
11/Add.3
Sweden
(a) Amendment to paragraph 3 of Article
(b) Initial Symbol E/CONF.2/ omitted in
(c) See E/CONF.2/C.2/9/Add.4/Corr.3
(d) See also E/CONF.2/C.2/9/Corr.4
this column
(a) See E/CONF.2/C.2/9/Add.5 and E/CONF.2/C.2/9/Add.5/Corr.1
17. 2 Ceylon
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
24
24
14 & 17
21, 22 & 23
15
15
13
13 & 14
14
13
15 also (c)
16
16 (d)
(e)
17, 18 & 19
also (c)
18 E/CONF.2/69
Page 9
Item No. Paragraph(s) Name of Country
of the Geneva
draft
Symbol of Pages of Revised
Document Annotated Agenda
Originally (E/CONF.2/C.2/9)
Submitted (b)
17. 2 Ceylon 11/Add.33 16
l8. 2 Pakistan C.2/6/Add.2 (c)
19. 2 Chile C.2/6/Add.4 19
20. 2 Uruguay C.2/6/Add.4/Rev.1 16
21 2 Denmark C.2/6/Add.15 19
22. .2 Venezuela c.2/6/Add.18 16
23. 3 Uruguay C.2/6/Add.5/Rev.1 20
24. two additional Chile C.2/6/Add.4 19 & 20
25. (a) Mexico C.2/6/Add.14 9
3. The report of the Sub-Committee (E/CONF.2/C.2/29) was considered by
Committe II at its seventeenth, eighteenth and nineteenth meetings
(E/CONF.2/C.2/SR.l7, E/CONF.2/C.2/SR.18 and E/CONF.2/C.2/SR.19). The Report
was approved with modifications as indicated In the Summary records and below:
Delete sub-paragraphs (a), (b) and (c) of paragraph 3 and substitute:
(a) legislative or constitutional requirements, existing at the
time that an investment was made and providing for recourse only
to national courts, would not in themselves be reviewable pursuant,
to Chapter VIII. Chapter VIII provided for review by the
Organization of whether nullification or impaiment of a benefit
accruing to a Member under the Charter bad taken place, even if the
nullification or Impairment arose out of a measure completely
consistent with the Charter, or "any other situation", even if there
was no violation of the Charter, but without involving the power of
the Ozganization 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;
and (b) the Articles of Agreement of the International Monetary Fund
were included among the international agreements referred to in
paragraphs 1 (c) and 2 (b)."
(a) Amendment to paragraph 3 of Article 11
(b) Initial Symbol E/CONF.2/ omitted in this column
(c) see E/CONF.2/C.2/9/Add.4/Corr.3
(d) see also E/CONF.2/C.2/9/Corr.4
(e) See E/CONF.2/C.2/9/Add.5 and E/CONF.2/C.2/9/Add.5/Corr.1
4. The E/CONF.2/69
Page 10
4. The reservaton of the Indian delegation on paragraph 2 of Article 12
pending instructions from its Government as stated in paragraph 4 of the
Report of the Sub-Committee has been withdrawn. There are threfore no
reservations to Article 12.
/ANNEX IV E/CONF.2/69
Page 11
SUB-COMMITTEE C ON ARTlCLES 13 AND 14
1. Sub-Committee C was set up at the sixteenth meeting of Committee. II to
examine and submit recommandations to Committee II concerning the proposals
on Articles 13 and 14 with authority to consult, if considered necessary,
with the Sub-Committee of Committee III on Articles 20 and 22. The Sub-
Committee consisted of representatives of Argentina, Australia, Brazil,
Canada, China, Colombia, Cuba, India, Iraq, Mexico, Netherlands, Norway,
Philippines, United Kingdom, United States and Uruguay. Dr. Gustavo GUTTERREZ
(Cuba) was elected Chairman of the Sub-Committee.
2. The following proposal were submitted to the Sub-Committee:
Item No. Paragraph(s)
of the
Geneva Draft
Name of Country
Symbol of
Document
Originally
Submitted (a)
Pages of Revised.
Annotated Agenda
(E/CONF.2/C.2/9)
ARTICLE 13
1. Whole Article
2. Whole Article
3. Whole Article
4. Whole Article
5. Whole Article
Argentina
Burma
Turkey
Ceylon
Ecuador
11/Add.3
11/Add.23
11/Add.26
11/Add.33
C.2/6/Add.6
C.2/9/Add.3
2
4
2
6. Whole Article China C.2/6/Add.8
7. Whole Article India C.2/6/Add.11
8. Whole Article Mexico C.2/6/Add.14
9. Whole Article Uruguay C.2/6/Add.23
10. 1 United Kingdom 11/Add.8
11. 1 Cuba C.2/6/Add.10
12. 1 Philippines C.2/6/Add.12
13. 1 New Zealand C.2/6/Add.22
14. 2 Cuba C.2/6/Add.10
15. 2 Philippines C.2/6/Add.12
16. 2 Brazil C.2/C/5
(a) initial symbol E/CONF.2 omitted
(b) See also E/CONF.2/C.2/9/Add.4/Corr.3
(c) See E/CONF.2/C.2/6/Add.23
(d) See E/CONF.2/C.2/C/5
(e) See E/CONF.2/C.2/C/14
(f) See E/CONF.2/C.2/9/Add.1
(g) See E/CONF.2/C.2/C/13
(h) See E/CONF.2/C .2/9/Add.1 and E/CONF.2/C.2/9/Add.1/Corr.1
(J) See F/CONF.2/C.2/9/Corr.5
39, 40, 41 & 42
48 to 54 inclusive
29 (b)
43, 44 & 45
29 (b)
35 & 36
45, 46 & 47
37, 38 & 39
(c)
29
32
34
34
33
30 & 34
(d)
2 Pakistan E/CONF.2/69
Page 12
item No. Paragraph(s) Name of Country Symbol of Pages of Revised
Document Annotated Agenda
Originally (E/CONF.2/C.2/9)
Submitted (a)
Pakistan C.2/C/14 (e)
3
4
4
4
4
4
4
5
Additional
Additional
Chile
Brazil
United Kingdom
Colombia
Cuba
Philippines
New Zealand
Brazil
Pakistan
Brazil
Iraq
Chile
C.2/9/Add.1 (f)
C.2/C/13 (g)
11/Add.8 31
C.2/6/Add.3 30
C.2/6/Add.10 31 & 33
C.2/6/Add.12 31 & 34
C.2/6/Add.22 34
C.2/C/13 (g)
C.2/C/14 (e)
C.2/C/13 (g)
C.2/6/Add.20 32
C.2/9/Add.1 (h)
& Add.1/Corr.1
(a) initial symbol E/CONF.2 omitted
(b) See also E/CONF.2/C.2/9/Add.4/Corr.3
(c) See E/CONF.2/C.2/6/Add.23
(d) See E/CONF.2/C.2/C/5
(e) See E/CONF.2/C.2/C/14
(f) See E/CONF.2/C.2/9/Add.1
(g) See E/CONF.2/C.2/C/13
(h) See E/CONF.2/C.2/9/Add.1 and E/CONF.2/C.2/9/Add.1/Corr.1
(j) See E/CONF.2/C.2/9/Corr.5
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29. E/CONF.2/69
Page 13
Item No. Paragraph(s) Name of Country Symbol of Pages of Revised
Document Annotated Agenda
Originally (E/CONF.2/C.2/9)
Submitted (a)
ARTICLE 14
1. 1 Argentina 11/Add.3 56, 57, 58 & 59
2. 1 United Kingdom 11/Add.8 56
3. 1 Costa Rica 11/Add.16 57 & 59
4. 1 Turkey 11/Add.26 59
5. 1 Italy C.2/6/Add.1 58
6. 1 Ecuador C.2/6/Add.6 57
7. 1 Uruguay C.2/6/Add.23 (c)
8 2 Argentina 11/Add.3 (j)
9. 2 Uruguay C.2/6/Add.23 (c)
10. two additional Philippines C.2/6/Add.12 55 & 56
11. Additional Turkey 11/Add.26 63 (b)
3. The Report of the Sub-Committee (E/CONF.2/C.2/41) was considered at its
twenty-third and twenty-fourth meetings (E/CONF.2/C.2/SR.23, E/CONF.2/C.2/SR.23/
Corr.1, E/CONF.2/C.2/SR.24 and E/CONF.2/C.2/SR.24/Corr.1). The Report was
approved with modification as indicated in the summary records and below:
(a) Substitute the following for paragraph 7:
"7. With regard to the meaning of the word "processing"
appearing in paragraphs 7 (a) (ii) and (iii) of Article 13
consideration was given to the view of the Co-ordinating.
Committee and the proposal of the delegation of Pakistan
(See Annex,A). It was agreed that processing meant the
transformation of a primary commodity or of a by-product
of such transformation into semi-finished or finished goods
(a) Initial symbol E/CONF.2/ omitted
(b) See also E/CONF.2/C.2/9/Add.4/Corr.3 . ;
(c) See E/CONF.2/C.2/6/Add.23
(d) See E/CONF.2/C.2/C/5
(e) See E/CONF.2/C.2/C/14
(f) See E/CONF.2/C.2/9/Add.1
(g) See E/CONF.2/C.2/C/13
(h) See E/CONF.2/C.2/9/Add.1 and E/CONF.2/C.2/9/Add.1/Corr.1
(A) See E/CONF 2/C.2/9/Corr.5
/but did not E/CONF.2/69
Page 14
but did not refer to highly developed industrial processes such
as the manufacturer of precision instruments. Accordingly it
was decided to insert the interpretative note set out at the
end of the text of Article 13 in Annex B."
(b) Substitute the following for the first two lines of paragraph 8:
"With regard to the references to international trade in
paragraphs 7 (a) (iii) and 8 (b) (ii) of Article 13 it was
agreed that these were references...."
(c) Substitute the following for paragraph 9:
"9. With regard to the interpretation of the words "materially
affected" in Article 13 it was agreed that this term was not
restricted to those countries which in the past were principal
suppliers. With regard to the use of these words in
sub-paragraph 3 (b) it was assumed that the Organization
would have due regard to the contractual rights of Members. In
interpreting these words in paragraphs 5 and 8, it would be
proper for the Organization to have regard, for instance, to the
Interests of Members which supplied a large proportion of the
imports of the applicant Member in the product concerned, those
Members which were substantially interested in exportlng the
product to world markets, and those Members whose economies
wore materially dependent on exports of the product."
(d) Delete the last sentence of paragraph 13*.
(e) As a result of the changes in the numbering of paragraphs between
the text of Article 13 as set out in Annex 13 of the Report of
the Sub-Committee and that set out in Annex VII to this Report
the reference to paragraph 4 (b) (ii) of Article 13 in paragraph 6
of the Sub-Committee's Report becomes a reference to
paragraph 7 (a) (ii) of Article 13. Similarly the references to
paragraph 4 (e) of Article 13 in paragraphs 10 and 11 of the
Sub-Committee's Report become references to paragraph 9 of Article13
and the reference to paragraph 4 (b) in paragraph 12 of the
sub-Committee's Report becomes a reference to paragraph 10 of
Article 13.
4. Reservations have been made by the delegation of Argentina on Articles 13
and 14 and by the delegation of Ceylon on Article 13.
* This sentence incorporating a reservation by the Brazilian delegation was
deleted at the twenty-sixth meeting of Committee lI (CONF.2/C.2/SR.26).
/ANNEX V E/CONF.2/69
Page 15
JOINT SUB-COMMITTEE OF COMMITTEES II AND III
ON ARTICLES 15, 16 (2) AND (3) AND 42
1. The Joint Sub-Committee of Committees II and III was set up at the tenth
and eleventh meetings of Committee II (E/CONF.2/C.2/SR.10 and E/CONF.2/C.2/SR.11)
and at the seventh and seventeenth meetings of Committee III with terms of
reference as follows:
"To consider and submit recommendations to both Committees
regarding Articles 15,16 (2) and (3) and 42 and the relevant
proposal and amendments submitted in relation thereto with a
view to finding a solution of the question of new preferential
arrangements, including these for purpoces of economic
development and reconstruction, and of the maintenance of
existing preference as an exception from the most-favoured
nation clause."
2. The Joint Sub-Committee consisted of representatives of the following
delegations: Argentina, Belgium, Brazil, Canada, Chile, El Salvador, France,
Haiti, Iran, Poland, Swedan, Syria, Turkey, United Kingdom, United States,
and Venezuela. Mr. Stig SAHLIN (Swedan) was elected Chairman. At the
eleventh meeting, Mr. Jean ROYER (France) was elected in the place of
Mr. Sahlin who had left Havana.
3. The following proposals
respect to Article 15.
were submitted to the Joint Sub-Committee with
Item No. Paragraph(s) Name of Country Symbol of Pages of Revised
of the Geneva Documeut Annotated Agenda
Draft Originally (E/CONF.2/C.2/9)
submitted (a)
1. Whole- Article Chile C.2/6/Add.4& 61&62 (b)
2. Whole Article El Salvador
3. 1 Argentina
4. 1 Venezuela
5. 1 Ecuador
6. 2 Argentina
7. 2 Venezuela
8. (c) Poland
(a) Intial symbol E/CONF.2 omitted
(b) See also E/CONF.2/C.2/9/Add.4/Corr.3
(c) Paragraph 4 (d) of the text set
(d) See E/CONF.2/50
El salvador
Add.4/Corr.1
C.2/6/Add.13
C.2/6/Add.3
C.2/6/Add.18
C.2/6/Add.21
11/Add.3
C.2/6/Add.18&.
Add.18/Corr.1
/ 50
in Annex VII
/4. The Report
64
61
61
61
62
63 (b)
(d) E/CONF.2/69
Page 16
4. The Report of the Joint Sub-Committee with respect to Article 15
(E/CONF.2/C.2/42) was considered by Committee II at its twenty-fourth meeting
(E/CONF.2/C.2/SR.24 and E/CONF.2/C.2/SR.24/Corr.1).The Report was approved
with modifications as indicated in the summary records and below:
(a) In paragraph 8 in the fourth line on page 3 delete the comma
after "approval" and insert the word "as".
(b) In the third line from the end of paragraph 8 delete the
words "pending decision on Article 16".
(c) In paragraph 13 delete the last sentence beginning with
the words "The delegates of" and substitute the following:
"The Delegate of Syria wished it put on record that, In the
light of the definitive text of Article 93, he was still
opposed to their inclusion."
(d) Amend paragraph 15 to read as follows:
"15. The Polish delegation presented an amendment.(E/CONF.2/50).
designed to permit temporarily compensatory preferences on
products not conforming to the development and reconstruction
criteria of paragraph 4 (b) and Subject to progressive
elimination and limits as to duration and margins of preference.
The amendment was not accepted. The Polish delegation asked for
its view to be recorded that the present text of paragraph 4 (d) of
Article 15 concerning preferential concessions nullified to a large
extent the advantages of paragraphs 4, 5 and 6 and made the
introduction of new preferential arrangements very difficult if
not impossible. An alternative proposal by the delegate of
Argentina to insert a text previously discussed by the Working
Party was also rejected. The delegates of Argentina and Chile
asked for it to be recorded that they wore in general agreement
with the views expressed by the delegate of Poland in this matter."
(e) In paragraph 16 on page 4 delete the second sentence.*
(f) In the sixth line from the top of page 5 insert "20" before
the words "In regard to sub-paragraph (d)" thereby making that and
subsequent lines into paragraph 20.
(g) In the sixth line of paragraph 20 substitate a period for the
semi-colon after "the proposal" and delete from this and the seventh
line the words beginning "therefore the" and ending "in Committee".
* Modification agreed at twenty-fifth meeting of Committee II
(E/CONF.2/C.2/SR.25).
/5. Reservations E/CONF.2/69
5. Reservations on Article 15 have been made by the following delegations:
Afghanistan
Argentina
Chile
China
Haiti
Iraq - on paragraph 6 (d)
Turkey
United Kingdom - on paragraph 4 (a) and interpretative note thereon.
/ANNEX VI E/CONF.2/69
Page 18
ANNEX VI
SUB-COMMITTEE D ON FOOTNOTE TO CHAPTER III ON "RECONSTRUCTION"
1. Sub-Committee D was set up at the sixteenth meeting of Committee II
(E/CONF.2/C.2/SR.16) to examine and submit recommendations concerning the
footnote to Chapter III on "Reconstruction" appearing at the bottom of
page 12 of the Geneva Draft of the Charter.
2. The Sub-Committee was composed of representatives of Australia,
El Salvador, France, Mexico, Poland and the United Kingdom. Mr. C. NOVOA
(Mexico) was elected Chairman of the Sub-Committee.
3. The Report of the Sub-Committee (E/CONF.2/C.2/35) was considered and
approved by Committee II at its twentieth and twenty-second meetings
(E/CONF.2/C.2/SR.20 and E/CONF.2/C.2/SR.22) with endorsement of the recommendation
that reconstruction and development should be treated on equal terms. E/CONF.2/69
Page 19
ANNEX VII
CHAPTER III
ECONOMIC DEVELOPMENT AND RECONSTRUCTION
Article 8
Importance of Economic Development and Reconstruction
in Relation to the Purpose of this Charter
The Members recognize that the productive use of the world's human and
material resources is of concern to and will benefit all countries, and that
the industrial and genoral economic development of all countries, particularly
of those In which resources are as yet relatively undeveloped, as well as the
reconstruction of those countries whose economies have been devastated by war,
will improve opportunities for employment, enhance the productivity of labour,
increase the demand for goods and services, contribute to economic balance,
expand international trade and raise levels of real income.
Article 9
Members shall within their respective territories take action designed
progressively to develop, and where necessary to reconstruct, industrial and
other economic resources and to raise standards of productivity through measures
not inconsistent with the other provisions of this Charter.
Article 10
Co-operation for Economic Development and Reconstruction
1. Members shall co-operate with one another, with the Economic and Social
Council of the United Nations, with the Organization and with other appropriate
lnter-governmental.organizations, in facilitating and promoting industrial and
general economic development, as well as the reconstruction of those countries
Whose economies have been devestated by war.
2. With a view to facilitating and promoting Industrial and general economic
development and consequently higher standards of living, especially of those
countries which are still relatively undeveloped, as well as the reconstruction
of those countries whose ecoomies have been devastated by war, end subject to
any arrangements which may be entered into between the Organization and the
/Economic E/CONF.2/69
Page 20
Economic and Social Council of the United Nations and appropriate
inter-governmental organizations, the Organization shall, within its powers and
resources, at the request of any Member:
(a) (i) study the Member's natural resources and potentialities for
industrial and general economic development, and assist in the
formulation of plans for such development;
(ii) furnish the Member with appropriate advice concerning its plans
for economic development or reconstruction and the financing and
carrying out of its programmes for economic development or
reconstruction; or
(b) assist the Member to procure such advice or study.
These services shall be provided on terms to be agreed and in such collaboration
with appropriate regional or other inter-governmental organizations as will use
fully the competence of each of them. The Organization shall also, upon the
same conditions, aid Members in procuring appropriate technical assistance.
3. With a view to facilitating and promoting industrial and general economic
development, especially of those countries which are till relatively
undeveloped, as well as the reconstruction of those countries whose economies
have been devastated by war, the Organization shall co-operate with the Economic
and Social Council of the United Nations and appropriate inter-governmental.
organizations on all phases, within their special competence, of such development
and reconstruction and, in particular, in respect of finance, equipment,
technical assistance and managerial skills.
Article 11
Means of Promoting Economic Develo ant and Reconstruction
1. Progressive industrial and general economic development, as well as
reconstruction, requires among other things adequate supplies of capital funds,
materials, modern equipment and technology and technical and managerial skills.
Accordingly, in order to stimulate and assist in the provision and exchange of
these facilities:
(a) Members shall co-operate, in accordance with Article 10, in
providing or arranging for the provision of such facilities within the
limits of their power, and Members shall not impose unreasonable or
unJustifiable Impediments that would prevent other Members from
obtaining on equitable terms any such facilities for their economic
development or, in the case of Member countries whose economies have
been devastated by war, for their reconstruction;
/(b) no Member E/CONF.2/69.
Page 21
(b) no Member Shall take unreasonable or unjustifiable action within its
territory injurious to the rights or interests of nationals of other
Members in the enterprise, skills; capital, arts or technology which
they have supplied.
2. The Organization may, in such collaboration with other inter-governmental
organizations as may be appropriate:
(a) make recommendations for and promote bilateral or multilateral.
agreements on measures designed:
(i) to assure just and equitable treatment for the enterprise, skills,
capital, arts and technology brought from one. Member. country to
another; ' . -
(ii) to avoid international double taxation in order to stimulate
foreign private investments;
(iii) to enlarge to the greatest possible extent the benefits to
Members from the fulfilment of the obligations under this Article;
(b) make recommendations and promote agreements designed to facilitate an
equitable distribution of skills, arts, technology, materials and
equipment, with due regard to the needs of all Members;
(c) formulate and promote the adoption of a general,agreement or statement
of principle regarding the conduct, practices and treatment of
foreign investment.
Article 12
International Investment for Economic Development and Reconstruction
1. The Members recognize that:
(a) international investment, both public and private can be of great
value in promoting economic development and reconstruction, and
consequent social progress;
(b) the international flow of capital will be stimulated to the extent
that Members afford nationals of other countries opportunites for
investment and security for existing and future investments;
(c) without prejudice to existing International agreements to which
Members are parties, a Member has the right:
(i) to take any appropriate safeguards necessary to ensure that
foreign investment is not used as a basis for interference in
its internal affairs or national policies;
(ii) to determine whether and to what extent and upon what terms
it will allow future foreign investment.
(iii) to prescribe and give effect on just terms to requirements as to
the ownership of existing and future investments; Page 22
(iv) to prescribe and give effect to other reasonable requirements with
respect to existing and future investments;
(d) the Interests of Members whose nationals are in a position to provide
capital for international Investment and of Members who desire to
obtain the use of such capital to promote their economic development
or reconstruction may be promoted if such Members enter into bilateral
or multilateral agreements relating to the opportunities and security
for investment which the Members are prepared to offer and any
limitations which they are prepared to accept of the rights referred
to In sub-paragraph (c).
2. Members therefore undertake:
(a) subject to the provisions of paragraph 1 (c) and to any agreements
entered into under paragraph 1 (d),
(i) to provide reasonable opportunities for investments acceptable
to them and adequate security for existing and future
investments, and
(ii) to give due regard to the desirability of avoiding discrimination
as between foreign investments;
(b) upon the request of any Member and without prejudice to existing
international agreements to which Members are parties, to enter into
consultation or to participate in negotiations directed to the conclusion,
if mutually acceptable, of an agreement of the kind referred to in
paragraph 1 (d).
3 Members shall promote co-operation between rational and foreign enterprises
or investors for the purpose of fostering economic development or reconstruction
in cases where such cooperation appears to the Members concerned to be
appropriate.
/Article 13 E/CONF.2/69
Page 23
Article 13
Governmental Assistance to Economic Development and Reconstruction
1. The Members recognize that special governmental assistance may be required
to promote the establishment, development or reconstruction of particular
Industries or branches of agriculture, and that in appropriate circumstances
the grant of such assistance in the form of protective measures is justified.
At the same time they recognize that an unwise use of ouch measures would
impose undue burdens on their own economies and unwarranted restrictions on
international trade, and might increase unnecessarily the difficulties of
adjustment for the economies of other countries.
2. The Organization and the Members concerned shall preserve the utmost
secrecy in respect of matters arising under this Article.
A
3. If a Member, in the interest of its economic development or reconstruction,
or for the purpose of increasing a most-favoured-nation rate of duty in
connection with the establishment of a new preferential agreement in accordance
with the provisions of Article 15, considers it desirable to adopt any non-
discriminatory measure affecting imports which would conflict with an
obligation which the Member has assumed in respect of any product through
negotiations with any other Member or Members pursuant to Chapter IV but which
would not conflict with that Chapter, such Member
(a) shall enter into direct negotiations with all the other Members which
have contractual rights. The Members shall be free to proceed in
accordance with the terms of any agreement resulting from such
negotiations, provided that the Organization is informed thereof; or
(b) shall initially or may, in the event of failure to reach agreement
under sub-paragraph (a), apply to the Organization. The Organization
shall determine, from among Members which have contractual rights,
the Member or Members materially affected by the proposed measure
and shall sponsor negotiations between such Member or Members and
the applicant Member with a view to obtaining expeditious and
substantial agreement. The Organization shall establish and
communicate to the Members concerned a time schedule for such
negotiations, following as far as practicable any time schedule
which may have been proposed by the applicant Member. The Members
shall commence and proceed continuously with such negotiations In
accordance with the time schedule established by the Organization.
/At the E/CONF.2/69
Page 24
At the request of a Member, the Organization may, where it concurs
in principle with the proposed measure, assist in the negotiations.
Upon substantial.agreement being reached, the appllicant Member may
be released by the Organization from the obligation referred to in
this paragraph, subject to such limitations as may have been agreed
upon in the negotiations between the Members concerned.
4. (a) If as a result of action initiated under paragraph 3, there should be
an increase in imports of any product concerned, including products which can
be directly substituted therefor, which if continued would be so great as to
jeopardize the establishment, developments or reconstruction of the industry,
or branch of agriculture concerned, and if no preventive measures consistent
with the provisions of this Charter can be found which seem likely to prove
effective, the applicant Member may, after informing, and when practicable
consulting with, the Organization, adopt such other measures as the situation
may require, provided that such measures do not restrict imports more than
necessary to offset the increase in imports referred to in this sub-paragraph;
except in unusual circumstances, such measures shall not reduce imports below
the level obtaining in the most recent representative period preceding the
date on which the Member initiated action under paragraph 3.
(b) The Organization shall determine, as soon as practicable, whether
any such measure should be continued, discontinued or modified. It shall in
any case be terminated as soon as the Organization determines that the
negotiations are completed or discontinued.
(c) It is recogniged that the contractual relationships referred to in
paragraph 3 involve reciprocal advantages, and therefore any Member which has
a contractual right in respect of the product to which such action relates, and
whose trade is materially affected by the action, may suspend the application
to the trade of the applicant Member of substantially equivalent obligations
or concessions under or pursuant to Chapter IV, provided that the Member
concerned has consulted the Organization before taking such action and the
Organization does not disapprove.
B
5. In the case of any non-discriminatory measure affecting imports which
would conflict with Chapter IV and which would apply to any product in respect
of which the Member has assumed an obligation through negotiations with any
other Member or Members pursuant to Chapter IV, the provisions of sub-
paragraph (b) of paragraph 3 shall apply; Provided that before: granting a
release the organization shall afford adequate opportunity for all Members
/which it E/CONF.2/69
Page 25
which It determines to be materially affected to express their views. The
provisions of paragraph 4 shall also be applicable in this case.
6. If a Member in the interest of its economic development or reconstruction
considers It desirable to adopt any non-discriminatory measure affecting imports
which would conflict with Chapter IV, but which would not apply to any product
In respect of which the Member has assumed an obligation through negotiations
with any other Member or Members pursuant to Chapter IV, such Member shall
notify the Organization and shall transmit to the Organizations a written
statement of the considerations in support of the adoption, for a specified
period, of the proposed measure.
7. (a) On application by such Member the Organization shall concur in the
proposed measure and grant the necessary release for a specified period if,
having particular regard to the applicant Member's need for economic development
or reconstruction, it is established that the measure
(i) designed to protect a particular industry, established between
January 1, 1939 and the date of this Charter, which was protected
during that period of its development by abnormal conditions
arising out of the war; or
(ii) Is designed to promote the establishment or development of a
particular industry for the processing of an Indigenous primary
commodity, when the external sales of such commodity have been
materially reduced as a result of new or increased restrictions
imposed abroad; or
(iii) is necessary, in view of the possibilities and resources of the
applicant Member to promote the establishment or development of
a particular industry for the processing of an indigenous primary
commodity, or fo r the processing of a by-product of such industry,
which would otherwise be wasted, in order to achieved fuller and
more economic use of the applicant Member's natural resources and
manpower and, in the long run, to raise the standard of living
within the territory of the applicant Member, and is unlikely to
have a harmful effect, in the long run, on international trade; or
(iv) ssi unlikely to be more restrictive of international trade than any
other practicable and reasonable measure permitted under this
Charter which could be imposed without undue idfficulty, and is
the one most suitable for the purpose having regard to the economics
of the industry or branch of agriculture concerned and to the
applicant Member's need for economic development or reconstruction.
/The foregoing The foregoing provisions of this subparagraph are subject to the
following conditions:
(1) Any proposal by the applicant Member to apply any such measure,
with or without modification, after the end of the initial period,
shall not be subject to the provisions of this paragraph; and
(2) The organization shall not concur in any measure under the
provisions of (i), (ii) or (iii) above which is likely to cause
serious prejudice to exports of a primary commodity on which the
economy of another Member country is largely dependent.
(b) The applicant Member shall apply any measure permitted under sub-
paragraph (a) ln such a way as to avoid unnecessary damage to the c ommercial
or economic interests of any other Member, including interests under the
provisions of Articles 3 and 9.
8. If the proposed measure does not fall within the provisions of paragraph 7,
the Member
(a) may enter into direct consultations with the Member or Members which,
in its judgment, would be materially affected by the measure. At
the same time, the Member shall inform the Organization of such
consultations in order to afford it an opportunity to determine
whether all materially affected Members are included within the
consultations. Upon complete or substantial agreement being reached,
the Member interested in taking the measure shall apply to the
Organization. The Organization shall promptly examine the application
to ascertain whether the interests of all the materially affected
Members have been duly taken into account. If the Organization
reaches this conclusion, with or without further consultations between
the Members concerned, It shall release the applicant Member from
its obligations under the relevant provision of Chapter IV, subject
to such limitations as the Organization may impose; or
(b) may initially, or in the event of failure to reach complete or
substantial agreement under sub-paragraph (a), apply to the
Organization. The Organization shall promptly transmit the
statement submitted under paragraph 6 to the Member or Members
which are determined by the Organization to be materially affected
by the proposed measure. Such Member or Members shall, within the
time limits prescribed by the Organization, inform it whether, in
the light of the anticipated effects of the proposed measure on the
economy of such Member country or countries, there is any objection
to the proposed measure. The Organization shall:
(i) If there (i) if there is no objection to the proposed measure on the part
of the affected Member or Members, immediately release the
applicant Member from its obligation under the relevant
provision of Chapter IV; or
(ii) if there is objection, promptly examine the proposed measure,
having regard to the provisions of this Charter, to the
considerations presented by the applicant Member and its
need for economic development or reconstruction, to the
views of the Member or Members determined to be materially
affected, and to the effect which the proposed measure,
with or without modification, is likely to have, immediately
and in the long run, on international trade, and in the long
run, on the standard of living within the territory of the
applicant Member. If, as a result of such examination, the
Organization concurs in the proposed measure, with or without
modifications, it shall release the applicant Member from its
obligations under the relevant provision of Chapter IV, subject
to such limitations as it may impose.
9. If, in anticipation of the concurrence of the Organization in the adoption
of a measure referred to in paragraph 6, there should be an increase or
threatened increase ln the imports of any product concerned, including products
which can be directly substituted therefor, so substantial as to jeopardize the
establishment, development or reconstruction of the industry or branch of
agriculture concerned, and if no preventive measures consistent with this
Charter can be found which seem likely to prove effective, the applicant Member
may, after informing, and when practicable consulting with, the Organization,
adopt such other measures as the situation may require, pending a decision by
the Organization on the Member's application; Provided that such measures do
not reduce imports below the level obtaining in the most recent representative
period preceding the date on which notification was given under paragraph 6.
10. The Organization shall, at the earliest opportunity but ordinarily within
fifteen days after receipt of an application under the provisions of paragraph 7
or sub-paragraphs (a) or (b) of paragraph 8, advise the applicant Member of the
date by which it will be notified whether or not it is released from the relevant
obligation. This shall be the earliest practicable date and not later than
ninety days after receipt of such application; Provided that, if unforeseen
difficulties arise before the date set, the period may be extended after
consultation with the applicant Member. If the applicant Member is not so
notified by the date set, it may, after informing the Organization, institute
/the proposed E/ .2/ 69
Page 28
the proposed measure.
Interpretative Note
Ad Article 13
Paragraphs 7 (a) (ii) and (iii)
The word "processing", as used in theses sub-paragraphs, means the
transformation of a primary commodity or of a by-product of such transformation
into semi-finished or finished goods but does not refer to highly developed
industrial processes.
/Article 14 E/ .2/69
Page 29
Article 14
Transtitional Measures
1. Any Member may maintain any non-discriminatory protective measure
affecting imports which has been imposed for the establishment, development or
reconstruction of a particular industry or branch of agriculture and which is
not otherwise permitted by this Charter, provided that notification has been.
given of such measure and of each product to which it relates:
(a) in the case of a Member signatory to the Final Act of the Second
Session of the Preparatory Committee of the United Nations Conference
on Trade and Employment in respect of measures in force on
September 1, 1947, subject to decisions made under paragraph 6 of
Article XVIII of the General Agreement on Tariffs and Trade; except
that if in special circumstances the CONTRACTING PARTIES to that
Agreement agree to dates other than those specified in this
sub-paragraph, such other dates shall apply;
(b) in the case of any other Member not later than the day on which it
deposits its instrument of acceptance of this Charter in respect of
measures in force on that day or on the day of the entry into force
of the Charter, whichever is the earlier;
and provided further that notification has been given under sub-paragraph (a)
to the other signatories to the Final Act of the Second Session of the
Preparatory Committee of the United Nations Conference on Trade and Employment
and under sub-paragraph (b) to the Organization, or, if the Charter has not
entered into force on the day of such notification, to the signatories to the
Final Act of the United Nations Conference on Trade and Employment.
2. Any Member maintaining any such measure, other than a measure approved
by the CONTRACTING PARTIES to the General Agreement under paragraph 6 of
Article XVIII of that Agreement, shall, within one month of becoming a Member
of the Organization, submit to it a statement of the considerations in support
of the maintenance of the measure and the period for which it wishes to maintain
it. The Organization shall, as soon as possible, but in any case within twelve
months of such Member becoming a Member of the Organization, examine and give
a decision concerning the measure as if it had been submitted to the Organization
for its concurrence under Article 13.
3. Any measure, approved in accordance with the provisions of Article XVIII
of the General Agreement, and which is in effect at the time this Charter enters
Into force, may remain In effect thereafter, subject to the conditions of any
such approval and, if the Organization so decides, to review by the Organization.
4. This Article shall not apply to any measure relating to a product in
/respect E/CONF.2/69
Page 30
respect of which the Member has assumed on obligation through negotiations
pursuant to Chapter IV.
5. In cases where the Organization decide that a measure should be modified
or withdrawn by a specified date, it shall have regard to the possible need of
a Member for a period of time In which to make such modification or withdrawal.
.
O
. . 1-
I . 4 . . . . I
ril Page 31
Article 15
Preforential Agreements for Economic Development and Reconstruction
1. The Members recognize that special circumstance, including the need for
econoemic development or reconstruction, may justify new preferential agreements
between two or more countries in the interest of the programmes of economic
development or reconstruction of one or more of them.
2. Any Member contemplating the conclusion of such an agreement shall
communicate its intention to the Organization and provide it with the relevant
inforrmation to enable it to examine the proposed agreement. The Organization
shall promptly communicate such information to all Members.
3. The Organization shall examine the proposal and, by a two-thirds majority
of the Members present and voting, may grant, subject to such conditions as it
may impose an exception to the provisions of Article 16 to permit the proposed
agreement to become effective.
4. Notwithstanding the provisions of paragraph 3, the Oragnization shall
authorize, in accordance with the provsions of paragraphs 5 and 6, the
necessary departure from the provisions of Artcile 16 in respect of a proposed
agreement between Members for the establishment of tariff preferences which it
determine to fulfil the following conditions and requirements:
(a) the territories of the parties to the agreement are continuous
one with another, or all parties belong to the same economic region
(b) any preference provided for in the agreement is necessary to ensure
a sound and adequate market for a particular industry, or branch of
agriculture which is being, or is to be, created or reconstructed
or substantially developed or substantially modernized;
(c) the parties to the agreement undertake to grant free entry for the
products of the industry or branch of agriculture referred to in
sub-paragraph (b) or to apply customs duties to such products.
sufficiently low to ensure that the objectives set forth in that
sub-paragraph will be achieved;
(d) anyco Pnssn granted to the other parties by the party .
seceiv iin p efes rential treatme tshall f iit sreferential
concessionc.nmfm with the provisions of this pararaph;
(e) theasreemenctontisa p rosison pemitting, onterms and
ondItiosnatbe.detrmined by negotiation with the parties to *
the agreement Me te ad herence of oth rmmer ,which are able
to qualify a partuies to the agreemsent Ud rthe provisisn
O t hsii* rast ragthjir rap,h ' fheteer t.eprammes of.
enc onomeicnstruiciins.ctopm devoImpns Aroee provisiosnW
Chapter IIVI e isucnvo ked by ic suh . mbe nhi respect
/only on the E/CONF.2/69
Page 32
only on the ground that it has been unjustifiably excluded from
participation in such an agreement;
(f ) the agreement contains provisions for its termination within a
period necessary for the fulfilment of its purposes but, in any
case, not later than at the end of ten years; any renewal shall
be subject to the approval of the Organization and no renewal
shall be for a longer period than five years.
5. When the Organization, upon the application of a Member and in accordance
with the provisions or paragraph 6, approves a margin of preference as an
exception to Article 16 in respect of the products covered by the proposed
agreement, it may, as a condition of its approval, require a reduction in an
unbound most-favored-nation rate of duty proposed by the Member in respect
any products so covered, If in the light of the representations of any
affected Member it considers that rate excessive.
6. (a) If the Organization finds that the proposed agreement fulfils the
conditions and requirements set forth in paragraph 4 and that the conclusion
of the agreement is not likely to cause substantial injury to the external
trade of a Member country not party to the agreement, it shall within two
months authorize the parties to the agreement to depart from the provisions t
ArArticle 16, as regards the products covered byhe agrgrment. If teehe-
Organizatidoeson not give a ruling within the cifisfiedr peiod, its
authorizastaisoan hll bearegrdesd a having been automaticalgranted.ly
(b) If threa izatOgnion finds that the proposed agreement,ile wh
fillinn gfthce ditioonns anredequirements sen rthfonhiuparagraph 4, is
kely rltnc asues bsutnatial ijnJry to the exertdal trde ao a Member f ountrya
not ptary to the agreement, it shall inform interestsed Memrs beof s fikditings
and sha lelrqueir the Members contemplating the conclusn of thea oagreeme ntto
enter intnego ottlaions with that Member. When agreementis rceahed h te
negotiatio; ns eth Ornizagation shall authorize thee Mmbsecontemplatingr the
concsion oluthefpreferential agreement to depart fm the prorovisionos f
Article 16 as regards eth productcos ver edby thpreferential agreementfe
,Itad the ed nsfotsomontbs f tom thed 'te on hiwLh the Orgaizaationsuggested D
ch nmeotiatp6ons he negotiations have not beeen completedtan the dOrganiztiona.
considers that thinje ur edMemb iers unreasonably preventi the ngconclusion
of the netiations, it shall authorizeze theece nssary depaure from theyr
provisio nsof Article 16 a an athe tsame time shall fix a ir comfapensation to
graated bb the parties to the abeeement to'the injured Member or, if thise,
ninpossbiilel reasonable,; phalaprecscsioeseuch modification of themo
gaeement awillg v evsuch Mem eereafir atreamen.ttThe provisions"of Cha er tr II
amy be invoked bys uch Memeb ronl iyf it does nto accept het decisiono f the
rOganiztaio nregardin gscuhcopmpensatio.n
/c() Iop the Organization Page 33
(c If the Organization finds that the proposed agreement, while
fulfilling the conditions and requirements set forth in paragraph 4, is
likely to jeopardize the economic position of a Member in world trade, it
shall not authorize any departure from the provisions of Article 16 unless
the parties to the agreement have reached a mutually satisfactory
understanding with that Member.
(d) If the Organization finds that the prospective parties to a
regional preferential agreement have, prior to November 21, 1947, obtained
from countries representing at least two-thirds of their import trade the
right to depart from most-favoured-nation treatment in the cases envisaged
in the agreement, the Organization shall, without prejudice to the conditions
governing the recognition of such right, grant the authorization provided
for in paragraph 5 and in sub-paragraph (a) of this paragraph, provided that
the conditions and requirements set out in sub-paragraphs (a), (e) and (f)
of paragraph 4 are fulfilled. Nevertheless, if the Organization finds that
the external trade of one or more Member countries, which have not recognized
this right to depart from most-favoured-nation treatment, is threatened with
substantial injury, it shall invite the parties to the agreement to enter
into negotiations with the injured Member, and the provisions of sub-
paragraph (b) of this paragraph shall apply.
Interpretative Notes
Ad Article 15
Paragraph 1
The special circumstances referred to in paragraph 1 are those set forth
In Article 15.
Paragraph 4 (a)
The Organization need not interpret the term "economic region" to require
close geographical proximity if it is satisfied that a sufficient degree of
economic integration exists between the countries concerned.
Paragraph 6 (d)
The words "the prospective parties to a regional preferential agreement
have, prior to November 21, 1947, obtained from countries representing at
least two-thirds of thelr Import trade the right to depart from most-favoured.
nation treatment in the cases envisaged in the agreement" cover rights to
conclude preferential agreements which may have been recognized in respect of
mandated territories which become independent prior to November 21, 1947, in
so far these rights have not been specifically denounced before that date
/ANNEX VIII E/CONF.2/69
Page 34
RESOLUTION PROSPOSED TO BE ADOPTED BY THE CONFERENCE
The United Nations Conference on Trade and Employment, having considered
the problem of the industrial and general economic development and
reconstruction of the Members of the International Trade Organization; and
Having noted the related activities of other inter-governmental
organizations and specialized agencies; and
Having determined that positive measures for the promotion of the
economic development and reconstruction of Members are an essential condition
for the realization of the purpose stated in Article I of the Charter of
the International trade Organization and to the accomplishment of the objectilve
therein set forth; and
Having regard to the provisions of Articles 10, 69 and 84 of the Charter
Therefore resolves:
1. That the Interim Commission of the International Trade
Organization is hereby directed to examine
(i) the powers, responsibilities and activities in the field
of industrial and general economic development and
reconstruction of the United Nations of the specialized
agencies and of other inter-governmental organizations,
including regional organizations;
(ii) the availability of facilities for technical surveys
or studies of: the natural resources of underdeveloped
countries; or the possibilities of their industrial
development, whether general or in relation to the
processing of locally produced raw materials or other
particular industries; or for the improvement of their
systems of transportation and communications; or with
respect to the manner in which investment of foreign
capital may contribute to their economic development;
and in the light of this examination to report to the Organization
upon . . ,a s, ;*; ,}Zik,',
(a) the structur,ad emmnitraithoda,' ..
(b)h tbqorlri reliththe unied Natioas, te s
ationssalspeoai2,n othp.. itgovornmntra tiOzslopp
including regional orgaization: *
ectivelyfwechivelyichwionolT.re Organizpti !OfV6e
to carry out Is positive functions for the promotion of the economic
development Page 35
development and reconstruction of Members.
2. That the report and recommendations of the Interim Commission
shall be submitted in such a manner and at such a time as will
enable the Conference of the International Trade Organization to
take appropriate action at its first session. |
|
GATT Library | hn501pp3739 | Second Committee: Economic Development. Sixth Committee: Organization. Report of Joint Sub-Committee of Committees II and VI : Note by the Secretariat | United Nations Conference on Trade and Employment, March 13, 1948 | 13/03/1948 | official documents | E/CONF.2/C.2/36/Add.1, E/CONF.2/C.6/72/Add.1, and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/hn501pp3739 | hn501pp3739_90040231.xml | GATT_147 | 405 | 2,857 | United Nations Nations Unies E/CONF. 2/C.2/36/
CONFERENCE CONFERENCE Add.1 E/CONF.2/C. 6/72/
ON DU 13 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SIXTH COMMITTEE: ORGANIZATION
REPORT OF JOINT SUB-COMMITTEE OF COMMITTEES II AND VI
Note by the Secretariat
1. The Mexican proposal for the insertion of a new Section D bis 4 Committee
for Economic Development - in Chapter VIII contained in page 11, 12 and 13
of E/CONF.2/C.6/12* was referred by Committee VI to the Joint Sub-Committee
of Committees II and VI in accordance with the terms of reference as recorded
in the Report of the Joint Sub-Committee on Articles 9, 10 and 11
(E/CONF. 2/C.2/36 and E/CONF. 2/C.6/72).
2. This proposal was considered by the Joint Sub-Committee and a Working
Party was set up to examine the proposal. However In view of the connection
between the Mexican proposal for the establishment of a Committee for
Economic Development and proposal with regard to the establishment of a Tariff
Committee these questions were considered by a joint meeting of Sub-Committee A
of Committee III, of Sub-Committee D of Committee VI and of the Joint
Sub-Committee of Committees II and VI held on 3 February 1948 which considered
suggestions of the Mexican, Australian, United States and Pakistan
Delegations ** and set up a Working Party representing the three Sub-Committees
This Working Party reached provisional agreement. At that stage, the
Co-ordinating Committee, which was considering a number of unresolved issues
affecting economic development decided that the questions before the
Working Party should be transferred to it. After consultation with the
Chairmen of the Sub-Committees concerned the questions were so transferred.
The Report of the Co-ordinating Committee on this matter is contained in
Annex 3 of E/CONF.2/45/Rev.1 and the recommendations thereon of the Heads
of Delegations in EN/COF.2,/51.As no changes in the text of the Charter were
indicated in the aforementioned Annex, no further action was required by the
Joint Sub-Committee of Committees II and VI (See Secretariat N ote-
E/CONF.2/58) and the Report of the Joint Sub-Committee on Articles 9, 10 and 11
*Originally submitted in documentNE/CO1F.2/C.2/61Add.27, E/CONF.2//Add...6/218.
ONF.2/W.15 and E/CONF.2/W.15/Add.1 /is its final E/CONF.2/C.2/36/Add.1
E/CONF.2/C.6/72/Add.1
Page 2
is its final Report, In view of the agreement reached by the Heads of
Delegations with regard to the suppression of the proposed Tariff Committee
and other related matters, the Mexican Delegation agrees that no further
action is required on its proposal. |
|
GATT Library | jk860vr0995 | Second Committee: Economic Development. Sixth Committee: Organization. Report of Joint Sub-Committee of Committees II and VI on articles 9, 10 and 11 | United Nations Conference on Trade and Employment, February 12, 1948 | 12/02/1948 | official documents | E/CONF.2/C.2/36, E/CONF.2/C.6/72, and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/jk860vr0995 | jk860vr0995_90040230.xml | GATT_147 | 3,148 | 21,300 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF. 2/C.2/36
ON DU E/CONF.2/C.6/72
'TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 12 February 1948
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SIXTH COMMITTEE:MMITTEE: ORGANIZATION
REPORT OF JOINT SUB-COMMITTEE OF COMMITTEES II AND VI
ON ARTICLES 9, 10 AND 11
1. The Joint Sub-Committee was appointed at the sixth meeting of Committee II
and the fifth and seventh meetings of Committee VI with terms of reference:
"1. To examine Articles 9, 10 and 11 of Chapter III, proposed amendments
thereto and any proposed now articles relating to the positive functions
of the Organization in promoting economic development in the light of the
discussion in Committee II with a view to making recommendations as to the
texts of these articles and any organizations provisions which may be
required as a consequence thereof.
2. To examine the proposal of the Mexican delegation for the
establishment of an Economic Development Committee of the Organization
taking into account any conclusions reached under paragraph 1 and any
other relevant considerations.
3. In making recommendations under paragraphs 1 and 2 to take into
account the functions of other organs of the Organization and of the
United Nations and Specialized Agencies in general in the fiela of
economic development and any financial implications.
4. To report to both Committee II and Committee VI."
2. The Joint Sub-Committee was composed of representatives of:
Australia France Turkey
Belgium Iraq United Kingdom
Brazil Mexico United States
China Pakistan Venezuela
Colombia South Africa
Dr. H. C. Coombs (Australia) was elected Chairman of the Sub-Committee,
3. A number of representatives of delegations who were not members of the
Sub-Committee attended as observers and in many cases took part in the
discussion on particular amendments for which they were primarily responsible
or in which they had special interest. Representatives of the International
/Bank for E/CONF. 2/C. 2/36
E/CONF . 2/C .6/72
Bank for Reconstruction and Development and of the Food and Agricultural
Organization, as well as the Director of the Fiscal Division of the Economic
Affairs Department of the United Nations gave their views to the Sub-Committee.
4. The Sub-Committee had held twenty-seven meetings at the date of approval
of this report. It examined Articles 9, 10 and 11 and all the amendments and
proposals submitted to it in connection with these articles as listed in
Annex A in Accordance with paragraphs 1 and 3 of its terms of reference.
As a result of its examination the Sub-Committee decided to recommend:
(i) revised texts of Articles 9, 10 and 11 as set out in Annex B;
(ii) a resolution to be adopted by the Conference as set out in
Annex C;
(iii) changes in Article 69 as set out in Annex D; and
(iv) inclusion as a new article in Chapter IX of the text set out in
Annex E.
It was agreed that the aforementioned recommendations disposed of all the
amendments and proposals listed in Annex A.
5. In accordance with the decision of Committee II at its sixteenth meeting
to establish Sub-Coimtttee D to examine and submit recommendations concerning
the footnote to Chapter III on "Reconstruction" the Joint Sub-Committee did
not consider the question of the inclusion of any reference to reconstruction
with respect to any of the changes recommended in Articles 9, 10 or 11.
6. The constitutional provisions of certain Members were brought to the
attention of the Sub-Committee. These provide that all controversies which
may arise out of contracts in which the State or one of, its sub-divisions
are parties are to be resolved by national tribunals. It was agreed that
these constitutional requirements are not in conflict with any provisions
of the articles with which the Sub-Committee was concerned and that the
Organization would not in any manner have jurisdiction over facts resulting
from such a situation nor over the decisions of the national tribunals. The
action which the organization would be able to take in relation to such cases
would be limited to a release or a diminution of the obligations assumed or
concessions granted by the Member which asserta a nullification or impairment
of a benefit under the Charter, if the Organization finds that the situation
which has been created justifies such action.
7. The representatives of Belgium and the United States expressed the view
that Article 11 did not prevent any Government from taking such action as
might be reasonable or justifiable to protect the savings of its nationals,
such action being subject to review by the Organization. However, the
Sub-Committee considered the text of the article to be clear and, therefore,
agreed unanimously that it was not necessary to include any explanation in
the report.
/8.With E/sONF. 2/C. 6/72 E,
Page 3
8. With respect of paragraph 2 of Article 11. the Sub-Committee took the
view that agreements promoted or recommended for adoption under paragraph 2
of Article 11 would not fall within paragraph 4 of Article 74.
9. With respect to paragraph 2 (b) of Article 11 the Sub-Committee took
the view that, while it was difficult to be precise at this stage as to the
nature of appropriate measures, more equitable and widely spread use of the
means to economic development could be achieved by joint action by Members.
It seemed desirable, therefore, that it should be made clear that the
Organization had the necessary authority, with due respect to the functions
and activities of other intergovernmental organizations, to make
recommendations for and promote agreements whether bilateral or multilateral
to provide for such joint action, if study of the circumstances suggested
that such a course were desirable. The Sub-Committee drew attention to the
fact that whether any agreements would in fact be concluded was dependent
upon the willingness of governments to enter into them and that the scope
of such agreements would be dependent upon the discretion of the governments
concerned. The Sub-Committee felt that the proposed paragraph 2 (b) would
enable the Organization to make recommendations and promote agreements to
assist countries encountering difficulties as a result of actual or
prospective shortages. The Sub-Committee considered that
(a) the promotion of an agreement to facilitate an equitable
distribution of skills, arts, technology, materials and equipment,
was not restricted by the use to which these facilities were put,
i.e. if these facilities were essential to established industries
as well as to economic development, the Organization could recommend
an agreement in appropriate circumstances;
(b) without presuming to Judge whether such action would in fact be
desirable, the text approved would permit the Organization, if it
believed that speculation was affecting the equitable distribution of
the facilities referred to in paragraph 1 and it Judged that such
action was relevant and appropriate, could recommend and promote
agreements between governments providing for measures against
speculation;
(c) the authority granted to the Organization to make recommendations
and promote agreements designed to facilitate an equitable distribution
of skills, arts, technology, materials and equipment would enlarge
the scope of the co-operation and the assistance which the Organization
could give to Members in accordance with Article 10 and would be of
assistance to countries which were having difficulties in obtaining
the capital goods, equipment and materials which they required,
(d) "industrial patent" were included in the term "technology".
/10. with E. 2 /C .2 /80
E/CONF. 2/C . 6,/72
Page 4
10. With reference to the text recommended to be included in Chapter IX
as a new article and set out in Annex E, the Sub-Committee noted that this
text would be acceptable to the Italian delegation in disposing of the new
article proposed by them to be inserted between Articles 69 and 70
(E/CONF.2/C.6/12, page 4) and the amendment submitted by them to Article 81
(E/CONF.2/C.6/12, page 13). The Sub-Committee agreed that this text would
require the Organization in cases where the economic circumstances of Members
were relevant, to give consideration to all of the factors affecting those
economic circumstances. Among such factors might be he degree of assistance
extended to a Member by other Members or by existing inter-governmental
organizations.
11. It was agreed that the words "within the limits of their power" in
paragraph 1 (a) of Article 11 were clearly expressed by the words in the
French text "dans la mesure ou ils le pouront" and that the Central Drafting
Committee should be asked to consider what wore the most appropriate English
words. It was agreed that the English word "enterprise" in paragraph 1 (b)
of Article 11 had the technical meaning used by economists, i.e. the
activities of an entrepreneur. It was agreed that the Central Drafting
Committee should be asked to consider the most appropriate word or words
to express this idea in French.
/ANNEX A E/CONF.2/C.2/36 E/CONF.2/C.6/72Page 5
ANNEX A
AMENDMENTS AND PROPOSALS SUBMITTED TO JOINT SUB-COMMITTEE
IN CONNECTION WITH ARTICLES 9, 10 AND 11
Pages of Revised
Item Article Paragraph Name of Annotated Agenda
No. Country (E/CONF.2/C.2/9)
Ceylon
Mexico
Burma
Pakistan
Turkey
Mexico
Mexico
Italy
Chile
Uruguay
Mexico
China
Mexico
Burma
Norway
Chile
Afghanistan
Peru
Mexico
Chile
Chile
Costa Rica
Colombia
2
2
3
3
3
4
4
5
5
5
5 and 6
6 and7*
8
8
8
9*
10
10 and 11*
11
12 and 13*
20 and 21
21
25, 26, 27 and 28
* Also E/CONF.2/C.2/9/Add.4/Corr.3
/ANNEX B
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
9
9
10
10
10
10
11
11
11
11
11
111
11
11
11
11
11
11
New 11A
12
12
New 12A
- - 2
2
2
Additional
Additional
1
1
1
1
1
2
2
2
2 3
Additional
4 -
Additional
Additional E/CONF. 2/C. 2/36
E/CONF.2/C. 6/72
Page 6
ANNEX B
TEXT OF ARTICES 9, 10 AND 11 RECOMMENDED
(Additions to and deletions from the text of the Geneva Draft are
shown by underlining and square brackets respectively)
Article 9
Development of Domestic Resources and Productivity
Members shall within their respective territories take action designed
progressively to develop, and where necessary to reconstruct, industrial and
other economic resources and to raise standards of productivity through
measures [consistent] not inconsistent with the other provisions of this
Charter.
Article 10
Co-operation for Economic Development
1. Members shall co-operate with one another, with the Economic and Social
Council of the United Nations, with the Organization and with other appropriate
inter-governmental organizations in facilitating and promoting industrial and
general economic development.
2. With a view to facilitating and promoting industrial and general economic
development and consequently higher stardards of living, especially of those
countries which are still relatively undeveloped, and subject to any arrangements
entered into between the Organization and the Economic and Social Council
and appropriate inter-governmental Organizations, the Organization shall,
within its powere and resources, at the request of any Member:
(a) (i) study its natural resources and its potentialities for
industrial and general economic development and assist
in the formulation of plane for such development;
(ii) furnish [any Member which so requests] it with appropriate
advice concerning its plans [and] for economic development
and the financing and carrying out of its programmes for
economic development[ ]i
or (b) [shall] assist it to procure such advice [ ] or study.
[such advice or assistance shall be furnished upon] These services are to be
provided on terms to be agreed and in such collaboration with appropriate
regional or other inter-governmental organizations as will use fully the
competence of each of them. The Organization shall, upon the same conditions,
likewise aid members in procuring appropriate technical assistance.
/3. With a view E/CONF. 2/C .2/36
E/CONF. 2 /C. 6/72
Page 7
3. With a view to facilitating and promoting industrial and general economic
development especially of these countries which are still relatively , undeveloped
Oranization shall co-operate fully with the Economic and Social Council
of the United Nations and appropriate inter-governmental Organizations on
all phases of economic develoment within their special competence and
in particular in respect of finance equipment, technical assistance and
managerial skills.
Article 11
Means of Promotlng Economic Development
1. Progressive industrial and general economic development requires among
other things adequate supplies of capital funds, materials, modern equipment
and technology, and technical and manage al skills. Accordingly, in order
to stimulate and assist in the provision and exchange of these facilities
(a) Members shall co-operate in accordance with Article 10 in
providing or arranging for the provision of such facilities within
the limits of their power, and [no Member shall] Members shall not
impose unreasonable or unjustifiable impediments that would prevent
other Members from obtaining on equitable terms any such facilities
for their economic development *
(b) no Member shall take unreasonable or unjustifiable action within
its territories injurious to the rights or interests of nationals of
other Members in the enterprise, skills, capital, arts or technology
which they have supplied.
3 2. The Organization may in such collaboration with other
inter-governmental orgazations as may be appropriate
(a) make recommendations for and promote [international] bilateral
or multilateral agreements on measures designed
(1) to assure Just and equitable treatment for the enterprise,
skills, capital, arts and technology brought from one Member
country to another;
(ii) to avoid international double taxation in order to stimulate
the flow of foreign private investments;
(iii) to enlarge to the greatest possible extent the benefits to
Members from the fulfilment of the obligations under this
Article.
(b) make recommendations and promote agreements designed to facilitate
an equitable distribution of skills, arts, technology materials and
* In addition to the changes indicated what was the first part of the second
sentence in the Geneva Draft has become the second part of sub-paragraph (a)
and what was the second part of the second sentence in the Goneva Draft
has become the first part of sub-paragraph (a).
/equipment E/CONF.2/C.2/36
E/CONF.2/C.6/72
Page 8
equipment with due regard to the needs of all Members;
(c) [including the elaboration and] formulate and promote
adoption of a general agreement or statement of principles
conduct, practices and treatment of foreign investment.
the
as to the
/ANNEX C E/CONF. 2/C .2/36
E /CONF.2/C . 6/72
Page 9
ANNEX C
PROPOSED RESOLUTION TO BE ADOPTED BY THE CONFERENCE
The United Nations Conference on Trade and Employment, having considered
the problem of the industrial and general economic development and
reconstruction of the Members of the International Trade Organization; and
Having noted the related activities of other inter-governmental
Organizations and specialized agencies; and
Having determined that positive measures for the promotion of the
economic development and reconstruction of Members are an essential condition
for the realization of the purpose stated in Article 1 of the Charter of the
International Trade Organization and to the accomplishment of the objectives
therein set forth; and
Having regard to the provisions of Articles 10, 69 and 84 of the Charter,
Therefore resolves:
1. That the Interim Commission of the International Trade
Organization* is hereby directed to examine
(i) the powers, responsibilities and activities in the field
of industrial and general economic development and
reconstruction of the United Nations, of the specialized
agencies and of other inter-governmental organizations,
including regional organizations;
(ii) the availability of facilities for technical surveys
or studies of: the natural resources of underdeveloped
countries; or the possibilities of their industrial
development, whether general or in relation to the
processing of locally produced raw materials or other
particular industries; or for the improvement of their
systems of transportation and communications; or with
respect to the manner in which investment of foreign
capital may contribute to their economic development;
and in the light of this examination to report to the Organization
upon
(a) the structure and administrative methods,
(b) the working relations with the United Nations, the
specialized agencies and other inter-governmental
* If no such Commission is formed, a special committee shall be named.
/organizations including E/CONF.2/C.2/36 E/CONF.2/C 6/72
Page 10
organization including regional organizations
which will enable the International Trade Organization most
effectively to carry out its positive functions for the promotion
of the economic development and reconstruction of Members.
2. That the report and recommendations of the Interim Commission*
shall be submitted in such a manner and at such a time as will
enable the Conference of the International Trade Organization to
take appropriate action at its first session.
* If no such Commission is formed, a special committee shall be named.
/ANNEX D E/CONF.2/C .2/36
E/CONF.2/C. 6/72
ANNNEX D
RECOMMENDED CHANGES IN ARTICLE 69
(Text of Geneva Draft with recommended additions and deletions
indicated by underlining and square brackets respectively)
Article 69
Functions
The Organization shall perform the functions provided for elsewhere in
this Charter. In edition the Organization shall have the following functions:
(a) to collect, analyse and publish Information relating to international
trade, including information relating to commercial policy, business
practices, commodity problems and industrial and general economic
development;
(b) to encourage and facilitate consultation among Members on all
questions relating to the provisions of this Charter;
(c) to undertake studies on, make recommendations for, and promote
international bilateral or multilateral agreements on, measures designed
(i) to assure just and equitable treatment for foreign nationals
and enterprises;
(ii) to orpand the volume end to improve the bases of international
trade, including measures designed to facilitate commercial
arbitration and the avoidance of double taxation; [and]
(iii) to carry out on a regional or other basis, having due regard to
the activities of existing regional or other organizations, the
functions specified in paragraph 2 of Article 10;
(iv) to promote and encourage establishments for the technical
training that is necessary for progressive industrial and
general economic development; and
(v) generally to achieve any of the objectives set forth in
Article 1,
(d) generally to consult with and make recommendations and, as necessary,
furnish advice and assistance to Members regarding any matter relating to
the operation of this Charter, and to take any other action necessary and
proper to carry out the provisions of this Charter;
(e) to co-operate with the United Nations and inter-governmental
organizations in furthering the achievement of the economic and social
objectives of the United Nations and the restoration and maintenance
of international peace and security;
/(f) is such E/CONF.2/C. 2/36 E/CONF.2/C.2/72
Page 12
(f) in such collaboration with the Economic and Social Council of the
United Nations and with other inter-governmental organizations as may be
appropriate studies on the relationship between world prices
of primary commodities and manufactured products, to consider and where
appropriate, to recommend international agreement on, measures designed
to reduce progressively any unwarranted disparity in these prices. E/CONF.2/C. 2/36
E/CONF.2/C. 6/72
Page 13
ANNEX E
ADDITIONAL TEXT RECOMMENDED TO BE INCLUDED IN CHAPTER IX
AS A NEW ARTICLE
In the exercise of its functions the Organization shall have due regard
to the economic circumstances of Memberes, to the factors affecting these
circumstances and to the consequences of its determinations upon the lnterests
of the Member or Members concerned. |
|
GATT Library | pf934qn3209 | Second Committee: Economic Development. Sub Committee C on articles 13 and 14. Agenda for Tenth Meeting : To be held 28 January 1948 at 3.00 p.m | United Nations Conference on Trade and Employment, January 28, 1948 | 28/01/1948 | official documents | E/CONF.2/C.2/C/11 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/pf934qn3209 | pf934qn3209_90040271.xml | GATT_147 | 101 | 632 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF . 2/C. 2/C/11
28 January 1948
ENGLISH - FRENCH
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SUB COMITTEE C ON ARTICLES 13 AND 14
AGENDA FOR TENTH MEETING
To be Held 28 January 1948 at 3.00 p.m.
Consideration of the Report of Working Party II.
DEUXIEME COMMISSION: DEVELOPPEMENT ECONOMIQUE
SOUS-COMMISSION C CHARGEE DE L'ETUDE DES ARTICLES 13 ET 14
ORDRE DU JOUR DE LA DIXIEME SEANCE
qui so tiendra le 28 Janvier 1948, à 15 houros
Examen du rapport du groupo de travail no 2. |
|
GATT Library | ts549gj0304 | Second Committee: Economic Development. Sub-Committee B (Article 12) Agenda for the Fifth Meeting : To be held on Wednesday, 14 January 1948, at 10.30 a.m. (References: E/CONF.2/C.2/9, E/CONF.2/C.2/B/W.1/Rev.1 and E/CONF.2/C.2/B/W.7) | United Nations Conference on Trade and Employment, January 13, 1948 | 13/01/1948 | official documents | E/CONF.2/C.2/B/4 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/ts549gj0304 | ts549gj0304_90040257.xml | GATT_147 | 135 | 1,181 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/B/4
ON DU 13 January 1948 ENGLISH - FRENCH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMITTEE B (ARTICLE 12)
AGENDA FOR THE FIFTH MEETING
To be Held on Wednesday, 14 January 1948, at 10.30 a.m.
(References: E/CONF.2/C.2/9, E/CONF.2/C.2/B/W.1/Rev.1 and
E/CONF.2/C.2/B/W.7)
1. Consideration of proposed redraft of Article 12 submitted by the Australian
delegation (see E/CONF.2/C.2/B/W.7).
2. Consideration of other amendments to Article 12
DEUXIEME COMMlSSION: DEVELOPPEMENT ECONOMIQUE
SOUS-COMMISSION B (ARTICLE 12)
ORDRE DU JOUR DE LA CINQUIEME SEANCE
qui so tiendra le mereredi 14 janvier 1948 à 10 h. 30
(Voir documents E/CONF.2/C.2/9, E/CONF.2/C.2/B/W.1/Rev .1 et E/CONF.2/C.2/B/W.7)
1. Examen du nouvoau texto proposT pour l'article 12 par la dTlTgation
australionno (voir document E/CONF.2/C.2/B/W.7).
2. Examen dos autros amendements à 1'article 12. |
|
GATT Library | fq732mq0877 | Second Committee: Economic Development. Sub-Committee B (Article 12) Agenda for the Fourth Meeting : To be held on Monday, 12 January 1948 at 3.00 p.m. (References: E/CONF.2/C .2/9 and E/CONF. 2/C. 2/B/W. 1/Rev. 1) | United Nations Conference on Trade and Employment, January 10, 1948 | 10/01/1948 | official documents | E/CONF.2/C.2/B/3 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/fq732mq0877 | fq732mq0877_90040256.xml | GATT_147 | 176 | 1,313 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF. 2/C.2/B/3
ON DU 10 January 1948 ENGLISH - FRENCH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECPMD COMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMITTEE B (ARTICLE 12)
AGENDA FOR THE FOURTH MEETING
To be Held on Monday, 12 January 1948 at 3.00 p.m.
(References: E/CONF.2/C .2/9 and E/CONF. 2/C. 2/B/W. 1/Rev. 1)
1. Consideration of the Amendments to paragraph 2 of Article 12
(NOTE: The words "and carry out" should be deleted from the
United States amendment on page 17 of document E/CONF.2/C.2/9).
2. Consideration of other amendments to Article 12.
DEUXIEME COMMISSION : DEVELOPPEMENT ECONOMIQUE
SOUS-COMMISSION B (ARTICLE 12)
ORDRE DU JOUR DE LA QUATRIEME SFANCE
qui se tiendra le lundi 12 janvier 1948 a 15 heures
(Documents de rTfTrence : E/CONF.2/C.2/9 et E/CONF.2/C.2/B/W.1/Rev.1)
1. Examen des amendements au paragraphe 2 de l'article 12
(NOTE : A la page 16 du document E/CONF.2/C.2/9, dans l'amendement des
Etats-Unis, il y a lieu de supprimer les mots "et mTnera a leurs
termes".
2. Examen des autres amendements a l'article 12. |
|
GATT Library | bq651yt8589 | Second Committee: Economic Development. Sub-Committee B (Article 12) Agenda for the Third Meeting : To be held on Wednesday, 7 Janunry 1948, 3.00 p.m | United Nations Conference on Trade and Employment, January 6, 1948 | 06/01/1948 | official documents | E/CONF.2/C.2/B/2 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/bq651yt8589 | bq651yt8589_90040255.xml | GATT_147 | 105 | 736 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
RESTRICTED
E/CONF.2/C. 2/B /2
6 January 1948
ENGLISH - FRENCH
ORIGINAL: ENGLISH
SECOND COMMITTEE:
ECONOMIC DEVELOPMENT
SUB-COMMITTEE B (ARTICLE 12)
ACENDA FOR THE THIRD MEETING
To be Held on Wednesday, 7 Janunry 1948, 3.00 p.m.
1. Consideration of the redraft of Article 12 submitted by the
United States (E/CONF.2/C.2/B/W.5).
DEUXIEME COMMISSION: DEVELOPPEMENT EONOMIQUE
SOUS-COMMISSION B (ARTICLE 12)
ORDRE DU JOUR DE LA BROISIEME SEANCE
qui se tiendra lo morcrodi 7 janvior l948 à 15 houres
1. Examen du nouveau texto do l'article 12 prTsentT par la dTlTgation
des Etats-Unis (E/CONF.2/C.2/B/W.5) |
|
GATT Library | yr345ps3968 | Second Committee: Economic Development. Sub-Committee B on article 12 Agenda for the Seventh Meeting : To be held on Thursday, 22 January 1948, at 6.00 p.m | United Nations Conference on Trade and Employment, January 21, 1948 | 21/01/1948 | official documents | E/CONF.2/C.2/B/6 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/yr345ps3968 | yr345ps3968_90040259.xml | GATT_147 | 100 | 674 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
RESTRICTED
E/CONF .2/C .2 /B/6
21 January 1948
ENGLISH - FRENCH
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMITTEE B ON ARTICLE 12
AGENDA FOR THE SEVENTH MEETING
To be Hold on Thursday, 22 January 1948, at 6.00 p.m.
Consideration of the Draft Report on Articele 12 (C.2/B/W/13).
DEUXIEME COMMISSION: DEVELOPPEMENT ECONOMIQUE
SOUS-COMMISSION B CHARGEE DE L'ETUDE DE L'ARTICLE 12
ORDRE DU JOUR DE LA SEPTIEME SEANCE
prTvue pour le jeudi 22 janvier 1948, a 18 houres
Examen du projet de rapport touchant l'article 12 (C.2/B/W/13). |
|
GATT Library | kr699nf2184 | Second Committee: Economic Development. Sub-Committee B on article 12 Agenda for the Sixth Meeting : To be held on Monday, 19 January 1948, at 3.00 p.m. (Reference: E/CONF. 2/C .2/B/W. 11) | United Nations Conference on Trade and Employment, January 17, 1948 | 17/01/1948 | official documents | E/CONF.2/C.2/B/5 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/kr699nf2184 | kr699nf2184_90040258.xml | GATT_147 | 109 | 722 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
E/CONF.2/C.2/B/5
17 January 1948
ENGLISH - FRENCH
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMITTEE B ON ARTICLE 12
AGENDA FOR THE SIXTH MEETING
To be Held on Monday, 19 January 1948, at 3.00 p.m.
(Reference: E/CONF. 2/C .2/B/W. 11)
Consideration of the Report of the Working Party on Article 12.
DEUXIEME COMMISSION : DEVELOPPEMENT ECONOMIQUE
SOUS-COMMISSION B (ARTICLE 12)
ORDRE DU JOUR DE LA SIXIEME SEANCE
qui so tiendra lo lundi 19 Janvior 1948 à 15 heures
(Voir document E/CONF.2/C.2/B/W.11)
Examen du rapport prTparT par le Groupe de travail au sujet de
l'article 12. |
|
GATT Library | xp434nx7495 | Second Committee: Economic Development. Sub-Committee C (Articles 13 and 14). Draft Agenda : Prepared by the Secretariat for the First Meeting to be held on 6 January 1948, at 3.00 p.m | United Nations Conference on Trade and Employment, January 5, 1948 | 05/01/1948 | official documents | E/CONF.2/C.2/C/1 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/xp434nx7495 | xp434nx7495_90040260.xml | GATT_147 | 125 | 1,030 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/C/1
ON DU 5 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH- FRENCH
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMITTEE C (ARTICES 13 AND 14)
DRAFT AGENDA
Prepared by the Secretariat for the First Meeting
to be held on 6 January 1948, at 3.00 p.m.
1. Election of Chairman
2. Examination of Article 13:
Negotiated Commitments
(See paragraph 4 of E/CONF.2/C.2/C/W.1)
DEUXIEME COMMISSION : DEVELOPPEMENT ECONOMIQUE
SOUS-COMMISSION C (ARTICLES 13 et 14)
PROJET D'ORDRE DU JOUR
propose par le SecrTtariat pour la première sTance, qui se tiondra
le 6 janvier 1948, a 15 heures
1. Election du PrTsident
2. Examen de l'article 13:
Engagements assumTs par voie de nTgociations
(voir le paragraphs 4 du document E/CONF.2/C.2/C/W.1) |
|
GATT Library | sq545mt7687 | Second Committee: Economic Development. Sub-Committee C (Articles 13 and 14). Draft Agenda : Prepared by the Secretariat for the First Meeting to be held on 6 January 1948, at 3.00 p.m | United Nations Conference on Trade and Employment, January 5, 1948 | 05/01/1948 | official documents | E/CONF.2/C.2/C/1 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/sq545mt7687 | sq545mt7687_90040260.xml | GATT_147 | 0 | 0 | ||
GATT Library | fs512cx6510 | Second Committee: Economic Development. Sub-Committee C (Articles 13 and 14) Draft Agenda : Prepared by the Secretariat for the Second Meeting to be held on 8 January 1948, at 10.30 a.m | United Nations Conference on Trade and Employment, January 7, 1948 | 07/01/1948 | official documents | E/CONF.2/C.2/C/3 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/fs512cx6510 | fs512cx6510_90040262.xml | GATT_147 | 129 | 1,025 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE 7 January 1948
ON DU ENGLISH - FRENCH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SECOND C OMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMITTEE C (ARTICLES 13 and 14)
DRAFT AGENDA
Prepared by the Secretariat for the Second Meeting
To be Held on 8 January 1948, at 10.30 a.m.
1. Election of Chairman.
2. Continuation of Examination of Article 13:
Negotiated Commitments.
(See paragraph 4 of E/CONF.2/C.2/C/W.1)
DEUXIEME COMMISSION DEVELOPPEMENT ECONOMIQUE
SOUS-COMMISSION C(ARTICLES 13 et 14)
PROJET D'ORDRE DU JOUR
Proposé par le Secrériat pour la deuxièms séance
qui se tiendra le 8 janvier 1948 a 10 heures 30.
1. Election du Président.
2. Suite de l'examen de l'article 13
Engagements qui ont été assumés par voir de négociations.
(Voir paragraph 4 du document E/CONF.2/C.2/C/W.1). |
|
GATT Library | fr076bv8260 | Second Committee: Economic Development. Sub-Committee C of Committee II on articles 13 and 14. Article 13 - procedure proposed by the Brazilian Delegation for Negotiated commitments | United Nations Conference on Trade and Employment, January 12, 1948 | 12/01/1948 | official documents | E/CONF.2/C.2/C/5 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/fr076bv8260 | fr076bv8260_90040264.xml | GATT_147 | 275 | 2,056 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/C/5
ON DU 12 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMITTEE C OF COMMITTEE II ON ARTICLES 13 AND 14
ARTICLE 13 - PROCEDURE PROPOSED BY THE BRAZILIAN DELEGATION FOR NEGOTIATED
COMMITMENTS
2. (a) If a Member in the interest of its programme of economic
development or reconstruction considers it desirable to adopt
any non-discriminatory measure which would conflict with any
obligation which the Member has assumed through negotiations
with any other Member or Members pursuant to Chapter IV, such
applicant Member shall as notify the Organization which shall
troat the matter confidentially and in turn shall invite the
Member or Membors which have contractual rights and which are
determined by the Organization to be materially affected by the
proposed measure to enter into negotiations under its auspices
with a view to obtaining expeditious and substantial agreement.
The Organization shall establish and communicate to the Members
concerned a time schedule for such negotiations.
(b) Members shall commence the negotiations provided for in
sub-paragraph (a) of this paragraph within such period as the
Organization may prescribe and shall thereafter proceed
continuously with such negotiations with a view to reaching
substantial agreement in accordance with the time schedule laid
down by the Organization.
(c) Upon substantial agreement being reached, the applicant
Member may be released by the Organization from the obligation
referred to in sub-paragraph (a) of this paragraph or from any
other relevant obligation under this Charter, subject to such
limitations as may have been agreed upon in the negotiations
between the Members concerned.
Note - Eliminato present paragraph 3. |
|
GATT Library | rg583wv2721 | Second Committee: Economic Development. Sub-Committee C of Committee II on articles 13 and 14. Article 13 procedure proposed by the Brazilian Delegation for negotiated commitments : Corrigendum | United Nations Conference on Trade and Employment, March 10, 1948 | 10/03/1948 | official documents | E/CONF.2/C.2/C/5/Corr.1 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/rg583wv2721 | rg583wv2721_90040265.xml | GATT_147 | 112 | 821 | United Nations
CONFERENCE
ON
TRADE AND EMPOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C.2/C/5/
Corr.1
10 March 1948
ENGLISH - FRENCH
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMITTEE C OF COMMITTEE II ON ARTICLES 13 AND 14
ARTICLE 13 PROCEDURE PROPOSED BY THE BRAZILIAN DELEGATION FOR
NEGOTIATED COMMITMENTS
CORRIGENDUM
This document should be classified UNRESTRICTED and not RESTRICTED.
DEUXIEME COMMISSION : DEVELOPPEMENT ECONOMIQUE
SOUS-COMMISSION C DE LA DEUXIEME COMMISSION CHARGEE
D'ETUDIER LES ARTICLES 13 ET 14
ARTICLE 13 - PROCEDURE PROPOSEE PAR LA DELEGATION DU BRESIL EN CE QUI
CONCERNE LES ENGAGEMENTS ASSUMES PAR VOIE DE NEGOCIATIONS
RECTIFICATIF
Co docunont doit ôtre classé commo document UNRESTRICTED et non
RESTRICTED. |
|
GATT Library | nj473wx3062 | Second Committee: Economic Development. Sub-Committee C on articles 13 and 14 Agenda for Eighth Meeting : To be held on 26 January 1948 | United Nations Conference on Trade and Employment, January 26, 1948 | 26/01/1948 | official documents | E/CONF.2/C.2/C/9 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/nj473wx3062 | nj473wx3062_90040269.xml | GATT_147 | 108 | 766 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE l'EMPLOI
UNRESTRICTED
E/CONF.2/C .2/C/9
26 January 1948
ENGLISH - FRENCH
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMITTEE C ON ARTICLES 13 AND 14
AGENDA FOR EIGHTH MEETING
To be Held on 26 January 1948
Consideration of the procedure concerning all measures inconsistent
with non-negotiated commitments.
DEUXIEME COMMISSION: DEVELOPPEMENT ECONOMIQUE
SOUS-COMMISSION C CHARGEE D'EXAMINER LES ARTICLES 13 ET 14
ORDRE DU JOUR DE LA HUITIEME
SEANCE
qui so tiendra le 26 Janvier 1948
Examen de la procédure à suivre au sujet de toutes mesures incompatibles
avec les obligations contractées autrement que par voie de négociation. |
|
GATT Library | nz501gh0170 | Second Committee: Economic Development. Sub-Committee C on articles 13 and 14 Agenda for Eleventh Meeting : To be held 7 February 1946 at 6 p.m | United Nations Conference on Trade and Employment, February 6, 1948 | 06/02/1948 | official documents | E/CONF.2/C.2/C/12 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/nz501gh0170 | nz501gh0170_90040272.xml | GATT_147 | 139 | 959 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies UNRESTRICTED
CONFERENCE E/CONF.2/C.2/C/12
DU 6 February 1948
COMMERCE ET DE L'EMPLOI ENGLISH - FRENCH
COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMITTEE C ON ARTICLES 13 AND 14
AGENDA FOR ELEVENTH MEETING
To be Held 7 February 1946 at 6 p.m.
1. Consideration of paragraph 1 of Article 13 and amendments submitted
thereto by Uruguay, Cuba and New Zealand.
2. Consideration of Article 14.
DEUXIEME COMMISSION : DEVELOPPEMENT ECONOMIQUE
SOUS-COMMISSION C CHARGEE D'ETUDIER LES ARTICLES 13 et 14
ORDRE DU JOUR DE LA ONZIEME SEANCE
qui se tiendra le 7 février 1948 a 18 heures.
1. Examen du paragraphe premier de l'article 13 et des amendements relatifs
à ce paragraphe présentés par les délégations de l'Uruguay, de Cuba
et de la Nouvelle-Zélande.
2. Examen de l'article 14 |
|
GATT Library | rm903xc2149 | Second Committee: Economic Development. Sub-Committee C on articles 13 and 14 Agenda of the Seventh Meeting : To be held on Friday, 23 January 1948 | United Nations Conference on Trade and Employment, January 23, 1948 | 23/01/1948 | official documents | E/CONF.2/C.2/C/8 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/rm903xc2149 | rm903xc2149_90040268.xml | GATT_147 | 109 | 776 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies UNRESTRICTED
E/CONF.2/C.2/C/8
CONFERENCE 23 January 1948
DU ENGLISH - FRENCH
COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMITTEE C ON ARTICLES 13 AND 14
AGENDA OF THE SEVENTH MEETING
To be held on Friday, 23 January 1948
Consideration of the Report of Working Party I on negotiated
commitments (Continuation).
DEUXIEME COMMISSION - DEVELOPPEMENT ECONOMIQUE
SOUS-COMMISSION C CHARGEE DE L'EXAMEN DES ARTICLES 13 ET 14
ORDRE DU JOUR DE LA SEPTIEME SEANCE
qui se tiendra le vendredi 23 Janvier 1948
Examon du rapport du Groupe de travail n¦ 1 our les engagements
sasuém à la suite deégociations (suiet). |
|
GATT Library | pp563gp9957 | Second Committee: Economic Development. Sub-Committee C on articles 13 and 14 Agenda of the Seventh Meeting : To be held on Friday, 23 January 1948 | United Nations Conference on Trade and Employment, January 23, 1948 | 23/01/1948 | official documents | E/CONF.2/C.2/C/8 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/pp563gp9957 | pp563gp9957_90040268.xml | GATT_147 | 0 | 0 | ||
GATT Library | yg963qf4395 | Second Committee: Economic Development. Sub-Committee C on articles 13 and 14. Agenda of the Sixth Meeting : To be held on Thursday, 22 January 1948, Havana, Cuba | United Nations Conference on Trade and Employment, January 21, 1948 | 21/01/1948 | official documents | E/CONF.2/C.2/C/6 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/yg963qf4395 | yg963qf4395_90040266.xml | GATT_147 | 106 | 686 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
RESTRICTED
E/CONF. 2/C. 2/C/6
21 January 1948
ENGLISH - FRENCH
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMITTEE C ON ARTICLES 13 AND 14
AGENDA OF THE SIXTH MEETING
To be Held on Thursday, 22 January 1948, Havana, Cuba
Consideration of the Report of Working Party 1 (continuation)
DEUXIEME COMMISSION : DEVELOPPEMENT ECONOMIQUE
SOUS-COMMISSION C CHARGEE DE L'EXAMEN
DES ARTICLES 13 ET 14
ORDRE DU JOUR DE LA SIXIEME SEANCE
qui se tiendra le jeudi, 22 janvier 1948, a La Havane, Cuba.
Examen du rapport du Groupe de travail n¦ 1 (suite). |
|
GATT Library | gt929by4502 | Second Committee: Economic Development. Sub-Committee C on articles 13 and 14 Agenda : Third Meeting to be held on 9 January 1948, at 10.30 a.m | United Nations Conference on Trade and Employment, January 8, 1948 | 08/01/1948 | official documents | E/CONF.2/C.2/C/4 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/gt929by4502 | gt929by4502_90040263.xml | GATT_147 | 111 | 749 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L 'EMPLOI
RESTRICTED
E/CONF. 2/C. 2 /C /4
8 January 1948
ENGLISH - FRENCH
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMITTEE C ON ARTICLES 13 AND 14
AGENDA
Third Meeting to be Held on 9 January 1948, at 10.30 a.m.
Continuation of the general discussion on Negotiated Commitments
(document E/CONF.2/C.2/C/W.1).
DEUXIEME COMMISSION : DEVELOPPEMENT ECONOMIQUE
SOUS-COMMISSION C (ARTICLES 13 ET 14)
ORDRE DU JOUR
de la troisième séanc qui se tiendra le 9 janvier 1948, a 10 h. 30
Suite de la discussion générale relative aux engagements qui ont été
assumes par voie de negociations (document E/CONF.2/C.2/C/W.1). |
|
GATT Library | hq649mm7302 | Second Committee: Economic Development. Sub-Committee C on articles 13 and 14 : Article 13. Amended ppocedure proposed by the Brazilian Delegation for non-negotiated commitments inconsistent with chapter IV | United Nations Conference on Trade and Employment, January 26, 1948 | 26/01/1948 | official documents | E/CONF.2/C.2/C/13 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/hq649mm7302 | hq649mm7302_90040273.xml | GATT_147 | 792 | 5,316 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF. 2/C.2/C/13
ON DU 26 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND-COMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMITTEE C ON ARTICLES 13 AND 14
ARTICLE 13
AMENDED PPOCEDURE PROPOSED BY THE BRAZILIAN DELEGATION FOR NON-NEGOTIATED
COMMITMENTS INCONSISTENT WITH CHAPTER IV
3. (a) If a Member in the interest of its programme of economic development
or reconstruction considers it desirable to adopt any non-discriminatory
measure which would conflict with any provision of Chapter IV such
applicant Member shall so notify the Organization and shall transmit
to the Organization a written statement of the considerations in support
of the adoption of the proposed measure.
(b) The Organization shall Promptly transmit such statement to the
Member or Members which are determined by the Organization to be
substantially affected by the proposed measure. The Member or Members
thus approached by the Organization shall treat the communicationwith
the utmost confidence and shall transmit their views to the Organization
within such period as shell be prescribed by the Organization but which
shall be no longer then thirty days. If there should be no objection
on the part of the affected Members to the proposed measure, the
Organization shall immediately free the applicant Member to apply it.
(c) The Organization shall promptly examine the proposed measure having
regard to the provisions of this Charter, to the considerations presented
by the applicant Member and its stage of economic development or
reconstruction, to the views presented byMembers which may be
subtantially affected, and to the effect which the proposed measure, with
or without modifications, is likely to have on international trade and
the long consequences on the standard of living within the territory
of the applicant Member. If,as a result of such examintion, the
Organization concurs in the proposed measure with or without modification
it may release the applicant Member from its obligations under the
relevant provisions of Chapter IV subject to such limitations as it may
/4. (a), if having E/ .2 /C.2 /C/13
Page 2
4. (a) If, having-regard to the provision of paragraphs 3 (c), it is
established in the course of such examination that the proposed measure
is unlikely to be more restrictive of international trade than any other
practicable and reasonable measure permitted under this Charter which
could be imposed without undue difficulty and that it is the one most
suitable for the purpose having regard to the economics of the industry
or branch of agriculture concerned and to the current economic condition
of the applicant Member, the Organization shall concur in such measure,
with or without modification, and grant such release as may be required
to make such measure effective.
(b) If in anticipation of the concurrence of the Organization in the
adoption of a measure concerning which notice has been given under
paragraph 3 of this Article, there should be an increase or threat in
increase in the importations of the product or products concerned,
including products which can be directly substituted therefor, so
substantial as to jeopardize the plans of the applicant Member for the
establishment, development or reconstruction of the industry or
industries concerned, or branches of agriculture concerned, and if no
preventive measures consistent with this Charter can be found which
seem likely to prove effective, the applicant Member may, after
informing, and when practicable consulting with, the Organization, adopt
such other measures as the situation may require pending a determination
by the Organization, provided that such measures do not reduce imports
below the level obtaining in the most recent representative period
preceding the date on which the Member's original notification was made
under paragraph 3 of this Article.
(i) Should the applicant Member decide to appeal to the Conference
under Article 90, paragraph 3, from an adverse ruling of the
Organization, it shall be entitled to keep the measure in
force pending a decision by the Conference. Whenever the
Conference is not in session voting shall take place by cable
or by air mail, within such period as shall be prescribed by
the Organization.
5. In the case of measures referred to in paragraph 4 of this Article, the
Organization shall, at the earliest opportunity but ordinarily within
fifteen days after receipt of the statement referred to in paragraph 3 (a)
of this Article advise the applicant Member of the date by which it will be
notified whether or not it is released from such obligation or obligations
as may be relevant; provided that, if the applicant Member does not receive
/a final reply E/CONF.2/C. 2/C/13
Page 3
final reply within ninety days, it may, after communicating with the
Organization institute the proposed measure.
NOTE: Add a note to Article 13 stating that by the Organization is meant
the Executive Board. |
|
GATT Library | mb141sn0545 | Second Committee: Economic Development. Sub-Committee C on articles 13 and 14. Note on the Eighth and Ninth Meetings : Held at the Capitol, Havana, Cuba on Monday, 26 January 1948, at 10.30 a.m | United Nations Conference on Trade and Employment, January 26, 1948 | 26/01/1948 | official documents | E/CONF.2/C.2/C/10 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/mb141sn0545 | mb141sn0545_90040270.xml | GATT_147 | 288 | 1,982 | United Nations Nations Unies
E/CONF.2/C.2/C/10
CONFERENCE CONFERENCE 26 January l948
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMITTEE C ON ARTICLES 13 AND 14
NOTE ON THE EIGHTH AND NINTH MEETINGS
Held at the Capitol, Havana, Cuba on Monday, 26 January 1948, at 10.30 a.m.
and 3.00 p.m.
Chairman: Mr. GUTIERREZ (Cuba)
The general discussion on the procedure which should be established
concerning non-negotiated commitments inconsistent with the provisions of
Chapter IV was continued during the eighth and ninth meetings of the
Sub-Committee.
At the conclusion of the general discussion, a third Working Party was
established, composed of the representatives of Australia, Brazil, Canada,
China, Colombia, India, Mexico, Philippines, the United Kingdom and the
United States. The terms of reference of the Working Party were to determine
the procedure to be followed in respect of measures concerning non-negotiated
commitments which might be inconsistent with Chapter IV. Its work would be
based on the Geneva Draft, the statement made by the Colombian representative
at the eighth meeting, the proposal put forward by the Brazilian representative
at the same meeting, and any amendment which might prove to be acceptable.
The Working Party was also asked to examine the text which it would
prepare to see whether it covered the case of measures inconsistent both with
Chapter IV and a negotiated commitment. In the event that it did not do so,
the Working Party would prepare a text to cover such a case.
Any Member of the Sub-Committee which was not represented on Working
Party 3 would be entitled to present to it his point of view and to follow
its ts discussions.
The meetings rose at 1.00 p.m. and 5.15 p.m. respectively. |
|
GATT Library | vz257pc9659 | Second Committee: Economic Development. Sub-Committee C on articles 13 and 14. Notes on the Fifth Meeting : Held at the Capitol, Havana, Cuba, on Wednesday, 21 January 1948 at 10.30 a.m | United Nations Conference on Trade and Employment, January 21, 1948 | 21/01/1948 | official documents | E/CONF.2/C.2/C/7 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/vz257pc9659 | vz257pc9659_90040267.xml | GATT_147 | 224 | 1,690 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/C/7
ON DU 21 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONMIC DEVELOPMENT
SUB-COMMITTEE C ON ARTICLES 13 AND 14
NOTES ON THE FIFTHE MEETING
Held at the Capitol, Havana, Cuba, on Wednesday,
21 January 1948 at 10.30 a.m.
Chairman: Mr. GUTIERREZ (Cuba)
The CHAIRMAN made a short statement concerning the plan of work of
the Working Party and said that measure falling under the provisions of
Articles 13 and 14 could be divided into the following four general groups:
1. Measures consistent with the provisions of Chapter IV, but
in conflict with a negotiated commitment;
2. Measures inconsistent with the provisions of Chapter IV
and also in conflict with a negotiated commitment;
3. Measures inconsistent with the provisions of Chapter IV
concerning a non-negotiated commitment;
4. Measures consistent with the provisions of Chapter IV
concerning a non-negotiated commitment.
The report of the Working Party which was now before the Sub-Committee
for consideration was only concerned with the first group of measures and
he suggested that the other groups be dealt with consecutively in the
above order.
The Sub-Committee confined itself to a general exchange of views
concerning the new draft proposed by the Working Party, postponing
detailed consideration of it until its next meeting.
The meeting ross at 1.00 p.m. |
|
GATT Library | kr042kv2354 | Second Committee: Economic Development. Sub-Committee C on articles 13 and 14. Pakistan: Suggested amendments to article 13 | United Nations Conference on Trade and Employment, March 5, 1948 | 05/03/1948 | official documents | E/CONF.2/C.2/C/14 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/kr042kv2354 | kr042kv2354_90040274.xml | GATT_147 | 572 | 3,824 | United Nations Nations Unies E/CONF.2/C.2/C/14*
CONFERENCE CONFERENCE 5 March 1948
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMITTEE C ON ARTICLES 13 AND 14
PAKISTAN: SUGGESTED AMENDMENTS TO ARTICLE 13
The following amendments are proposed by the Pakistan delegation to the
latest text of Article 13 contained in document E/CONF.2/45/Rev.1.
1. Substitute the word "shall" for the word "may" in the last sentence
of paragraph 2 (a) (i) on page 3.
REASON:
Once the organization decides that there is "substantial" agreement
among the Members "materialy affected", the organization should release the
applicant Member from the obligation referred to in this paragraph.
In the corresponding case under paragraph 4 (c) (i) and (ii)
(page 6 of document E/CONF.2/45/Rev.1) when there is complete or substantial
agreement among the Members "materially affected" the word used is "shall"
and not "may" in such these sub-paragraphs.
2. In the third line of the first sentence of paragraph 4 (b) (iii),
substitute the words "based on domestic production" for the words "for the
processing" and substitute "a" for "an indiginous"; and delete the words
"for the processing" occurring in line 4 of paragraph 4 (b) (iii) so that
the amended part of the sentence will read as follows:
" ... to promote the establishment or development of a branch of
industry (for the processing) based on the domestic production of
(an indigenous) a primary commodity or (for the processing) of a
by-product of such a branch of industry
REASONS:
(i) Under Article 54 (b) one of the objectives of the Inter-
governmemtal commodity agreements is the development of
industries based upon domestic production of primary commodities,
in appropriate cases.
* This document replaces E/CONF.2/C.2/C/W.14 which was restricted.
/Our amendment E/ 2/C.2/C/14
Page 2
Our amendment aims at importing this accepted text in paragraph 4 (b) (iii)
of Article 13.
(ii) In Article 53, the words "Primary Commodity" have been defied to
have uniform significance throughout the Charter. In that article
the word "processing" is associated with the words "Primary
Commodity" and has a very limited meaning. It is likely that in
future, just as the words "Primary Commodity" will be understood
to have a standard meaning given them in Article 53, the word
"processing" occurring in Article 53 and associated with the words
"Primary Commodity may also be given a standard meaning wherever
it occurs in the Charter as for example in paragraph 4 (b) (iii)
of the new text Article 13 under consideration.
(iii) The note explaining the meaning of the word processing says
that by "processing" is meant the TREATMENT of a primary commodity
for the manufacture of semi-finished or finished goods. This
gives the impression that an industry which can give only a
treatment" to a primary commodity can be established or
developed so that the primary commodity may be fit for the
manufacture of semi-finished or finished products and not that an
industry could be established or developed for manufacturing
semi-finished or finished goods utilizing the indigenous primary
Commodity.
3. In paragraph 4 (b) (i) (page 4 of the document E/CONF.2/45/Rev.1)
substitute the word "enforcement" for the words "signature of the Final
Act".
REASON:
The date of enforcement of the Charter and not the date of signing the
Final Act is important from the point of view of commitments of governments
to the Charter. A similar change has been accepted for paragraph (6)
of Article 18. |
|
GATT Library | bk264xx1623 | Second Committee: Economic Development. Sub-Committee D on footnote to chapter III on "Reconstruction" Agenda for Second Meeting : To be held at the Capitol,13 January 1948, at 6.00 p.m | United Nations Conference on Trade and Employment, January 12, 1948 | 12/01/1948 | official documents | E/CONF.2/C.2/D/1 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/bk264xx1623 | bk264xx1623_90040275.xml | GATT_147 | 165 | 1,354 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/D/1
12 January 1948
ON DU ENGLISH -FRENCH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMITTEE D ON FOOTNOTE TO CHAPTER III ON "RECONSTRUCTION"
AGENDA FOR SECOND MEETING
To be Held at the Capitol,13 January 1948, at 6.00 p.m.
1. Consideration of proposed additional paragraph 3 in Article 11
(see paragraph 3 of Notes on Fifteenth Meeting of the Joint
Sub-Committee of Committees II and VI - E/CONF.2/C.2&6/A/W.17)
2. Consideration of draft report
(E/CONF.2/C.2/D/W.1)
DEUXIEME COMMISSION : DEVELOPPEMENT ECONOMIQUE
SOUS-COMMISSION D CHARGEE DE L'EXAMEN DE LA NOTE
AU CHAPTRE III RELATIVE A LA RECONSTRUCTION.
ORDRE DU JOUR DE LA DEUXIEME SEANCE
qui se tiendra au Capitole, le 13 Janvier 1948,
a 18 heures.
1. Examen du paragraph 3 supplémentaira proposé pour l'article 11 (voir
paragraphe 3 den notes de la quinzième séance de la Sous-Commission mixte
des Deuxième et Sixième Commissions - E/CONF.2/C.2 & 6/A/W.17).
2. Examen du projet de rapport.
(E/CONF.2/C.2/D/W.1). |
|
GATT Library | rz450mk2803 | Second Committee: Economic Development. Sub-Committee D on footnote to chapter III on "Reconstruction". Agenda for Third Meeting : To be held at the Capitol, 28 January 1948, at 3.00 p.m | United Nations Conference on Trade and Employment, January 27, 1948 | 27/01/1948 | official documents | E/CONF.2/C.2/D/2 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/rz450mk2803 | rz450mk2803_90040276.xml | GATT_147 | 0 | 0 | ||
GATT Library | tk314bv8260 | Second Committee: Economic Development. Sub-Committee D on footnote to chapter III on "Reconstruction". Agenda for Third Meeting : To be held at the Capitol, 28 January 1948, at 3.00 p.m | United Nations Conference on Trade and Employment, January 27, 1948 | 27/01/1948 | official documents | E/CONF.2/C.2/D/2 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/tk314bv8260 | tk314bv8260_90040276.xml | GATT_147 | 102 | 743 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
E/CONF. 2/C .2/D/2
27 January 1948
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMlTTEE D ON FOOTNOTE TO CHAPTER III ON "RECONSTRUCTION"
AGENDA FOR THIRD MEETING
To be Held at the Capitol, 28 January 1948, at 3.00 p.m.
1. Consideration of observations of delegations of Belgium, Netherlands
and Luxembourg (E/CONF.2/C.2/D/W.2) and of Czechoslovakia
(E/CONF.2/C.2/D/W.3).
2. Consideration of proposed additional paragraph 3 in Article 11 (see
paragraph 3 of Notes on Fifteenth Meeting of the Joint Sub-Committee
of Committees II and VI - E/CONF.2/C.2&6/A/W.17).
3. Consideration of draft report. |
|
GATT Library | ts838ct0053 | Second Committee: Economic Development. Views of International Chamber of Commerce on article 12 | United Nations Conference on Trade and Employment, January 28, 1948 | 28/01/1948 | official documents | E/CONF.2/C.2/33 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/ts838ct0053 | ts838ct0053_90040226.xml | GATT_147 | 447 | 3,224 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF. 2/C.2/33
ON DU 28 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
VIEWS OF INTERNATIONAL CHAMBER OF COMMERCE ON ARTICLE 12
The following communication has been received from the representative
of the International Chamber of Commerce:
"Capitolio Nacional. (Room 6),
Havana.
28th January, 1948.
Sir,
ARTICLE 12,
INTERNATIONAL INVESTMENT FOR ECONOMIC DEVELOPMENT.
The representative of the International Chamber of Commerce has
followed the discussions leading up to the Report to the Second Committee
of Sub-Committee B. on Article 12 - International Investment for
Economic Development (Document E/CONF.2/C.2/29 dated 23 January 1948).
Whilst giving full consideration and appreciation to the drafting
difficulties in connection with the intention of some countries to retain
the widest discretion and control of foreign investments, the International
Chamber of Commerce presents its views for submission to the Second Committee.
In the Geneva Draft, the International Chamber noted with approval
paragraphs 1 and 3, and also that part of paragraph 2(a) which states that
no Member shall impose requirements on the investments of nationals of
other Members which are appreciably more onerous than those imposed on its
own or other nationals, (see paragraphs 46 and 47 of Document E/CONF.2/8).
This provision has not been omitted.
Paragraphs 1 (c), (ii) and (iii) of the Havana draft, while fully
understood by those members of the Sub-Committee who participated in the
drafting discussion are, in the opinion of the International Chamber of
Commerce, not being sufficiently specific in that they give no clear
indication as to what are "requirements" as to the ownership of existing
investments, and how they can be prescribed by the Government of a country
to the investment receiving country when the investment has already been
made.
The International Chamber of Commerce submits that in practice the
present draft will tend to discourage private investors from venturing
/their capital E/CONF. 2/C.2/33
Page 2
their capital abroad. The intent of Article 12 is, within limitations,
to encourage foreign investment and this should be made clear so as to
avoid misunderstanding.
The representative of the International Chamber of Commerce indicated
in Committed II at the time of the first reading of Article 12 that a
complete deletion of that Article would be preferable to its insertion in
a form that would be prejudicial to the revival of international private
capital movements. This observation is now repeated in view of the nature of
the present draft of this Article.
I am, Sir
Yours faithfully,
(Signed) Wallace B. Phillips
(Wallace B. Phillips)
Representative of the
International Chamber of Commerce
The Executive Secretary,
United Nations Conference on
Trade and Employment.
Capitolio Nacional,
HAVANA. " |
|
GATT Library | wn943dq2719 | Second Committee: Economic Development. Views of International Chamber of Commerce on article 12 : Corrigendum | United Nations Conference on Trade and Employment, January 29, 1948 | 29/01/1948 | official documents | E/CONF.2/C.2/33/Corr.1 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/wn943dq2719 | wn943dq2719_90040227.xml | GATT_147 | 147 | 1,032 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C .2/33 /
Corr .1
29 January 1948
ENGLISH - FRENCH
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
VIEWS OF INTERNATIONAL CHAMBER OF COMMERCE ON ARTICLE 12
CORRIGENDUM
1. In the third paragraph of the letter of the representative of the
International Chamber of Commerce to the Executive Secretary, the last
sentence should be amended to read "This provision has now been omitted,"
2. In the fourth line of the fourth paragraph delete the word "being".
DEUXIEME: COMMISSION: DEVELOPPEMENT ECONOMIQUE
OBSERVATIONS DE LA CHAMBRE DE COMMERCE INTERNATONALE CONCERNANT
L'ARTICLE 12
RECTIFICATIF
1. Dana le troisième paragraphe de la letter adressée par le représentant
de la Chambre de commerce international au Secrétaire de la Conférence,
modifier la dernière phrase comme suit: "Cette disposition est maintenant
supprimée".
2. (Ne concerne que le texte anglais). |
|
GATT Library | kw671mj3672 | Second Committees: Economic Development. Report of Sub-Committee D on footnote to chapter III on "Reconstruction" : Note: The following report has been approved subject to final approval by the Joint Sub-Committee of Committees II and VI of the words quoted from paragraphs 2 and 3 of Article 10 | United Nations Conference on Trade and Employment, February 5, 1948 | 05/02/1948 | official documents | E/CONF.2/C.2/D/3 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/kw671mj3672 | kw671mj3672_90040277.xml | GATT_147 | 413 | 2,967 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/D/3
ON DU 5 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE : ECONOMIC DEVELOPMENT
REPORT OF SUB-COMMITTEE D ON FOOTNOTE
TO CHAPTER III ON "RECONSTRUCTION"
Note: The following report has been approved subject to final approval by
the Joint Sub-Committee of Committees II and VI of the words quoted
from paragraphs 2 and 3 of Article 10.
1. At the sixteenth meeting of Committee II the Chairman appointed a
Sub-Committee composed of representatives of Australia, El Salvador, France,
Mexico, Poland, the United Kingdom with terms of reference as follows: "to
examine and submit recommendations concerning the footnote to Chapter III
on "reconstruction" appearing at the bottom of page 12 of the Draft Charter"
(E/CONF. 2/C. 2/SR .16).
2. The Sub-Committee held three meetings on 3, 13 and 28 January 1948.
Mr. C. Novoa, Mexico, was appointed Chairman.
3. While the Sub-Committee agreed that there was a difference between
reconstruction and development, they also agreed that for the purpose of the
provisions of Chapter III reconstruction and development should be treated
on equal terms. It was accordingly agreed to recommend the following
changes in Article 8 and in paragraphs 2 and 3 of Article 10. In the text
below the words underlined are those recommended by the Sub-Committee.
Article 8
"The Members recognize that ................... and that the industrial
and general economic development of all countries, and particularly
of those in which resources are as yet relatively undeveloped, together
with the reconstruction of those countries whose economies have been
devastated by war, will improve opportunities ............."
Article 10 paragraph 2
"With a view to facilitating and promoting industrial and general
economic development and consequently higher standards of living,
especially of those countries which are still relatively undeveloped,
together with the reconstruction of those countries whose economies have
been devastated by war, and subject to any arrangements. ..............."
/Article 10 E/CONF. 2/C . 2/D/3
Page 2
Article 10 paragraph 3
"With a view to facilitating and promoting industrial and general
economic development especially of those countries which are still
relatively undeveloped, together with the reconstruction of those
countries whose economies have been devastated by war, the Organization
shall ........."
With respect to other parts of Chapter III it was agreed to recommend
that the Central Drafting Committee be asked to include at the appropriate
places such references to reconstruction as will result in the treatment
of reconstruction and development on equal terms. |
|
GATT Library | ty026zj7058 | Second draft protocol of rectifications to the General Agreement on Tariffs and Trade | 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.2/30 and GATT/CP.2/28 - 36 CP.2/32/Rev.1 | https://exhibits.stanford.edu/gatt/catalog/ty026zj7058 | ty026zj7058_90320046.xml | GATT_147 | 514 | 3,245 | RESTRICTED
LIMITED C
GATT/CP. 2/30
3 September 1948
GENERAL AGREEMENT ON TARIFFS AND TRADE
CONTRACTING PARTIES
SECOND SESSION
SECOND DRAFT PROTOCOL OF RECTIFICATIONS TO
THE GENERAL AGREEMENT ON TARIFFS
AND TRADE
THE GOVERNMENTS of the Commonwealth of Australia, the
Kingdom of Belgium, the United States of Brazil, Burma, Canada,
Ceylon, the Republic 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, acting in their capacity of
contracting parties to the General Agreement on Tariffs
and Trade, and
THE GOVERNMENT of the Republic of Chile, acting in
its capacity of signatory of the Final Act adopted at the
conclusion of the Second Session of the Preparatory Committee
of the United Nations Conference on Trade and Employment
which authenticated the text of the General Agreement on
Tariffs and Trade,
IHAVING noted that certain further rectifications should
be made in the authentic texts of the Schedules forming part
of the General Agreement on Tariffs and Trade,
HEREBY AGREE that the following rectifications shall
be made in the Schedule to the General Agreement on Tariffs
and Trade:
SCHEDULE VIII - UNION OF SOUTH AFRICA
(This Schedule is authentic only in the Ehglish language)
PART I
Most-Favoured-Nation Tariff
IItem 224 ex (2)
In the English text of item 224 ex (d) the description
of products shall read:
"Caffeine, thecbromine, emetine and natural methol" GATT/CP. 2/30
Page 2
SCHEDULE XX - UNITED STATES OF AMERICA
(This Schedule is authentic only in the English language)
PART I
Most-Favoured-Nation Tariff
Item 708(a)
In the English text of item 708(a) the principal
description shall be:
"Milk, condensed or evaporated:"
Item 1110
In the English text of item 1110 the rate of duty
Shall be:
"330 per lb. and 25% ad val."
Item 1503 [ third]
In the English text of the third item 1503 the
proviso shall read:
"Provided, That for the purpose only of applying
the second proviso to paragraph 1503, Tariff Act
of 1930, to articles provided for in this item,
each rate of duty "existing" (within the meaning
of Section 350, Tariff Act of 1930, as amended
by the Act of July 5, 1945) on January 1, 1945,
shall be reduced by 50 per century of such rate."
3. The provisions of this Protocol shall on and after this
day constitute an integral part of the General Agreement on
Tariffs and Trade, dated October 30, 1947, and the rectifi-
cations included herein shall be applied as if they had
formed a part of said Agreer.ient on that date.
4. The original of this Protocol shall be deposited with
the Secretary-General of the United Nations, who is authorized
to effect registration thereof.
IN WITNESS WHEREOF the respective representatives,
daly authorized, have signed the present Protocol.
DONE at Havana, in a single copy, in the English and
French languages, both texts authentic, this day
of September, 1948. |
GATT Library | sz616xq0613 | Second interim report by the Central Drafting Committee on the state of its work in relation to the state of work of the Conference (As on 12 March 1948) | United Nations Conference on Trade and Employment, March 12, 1948 | 12/03/1948 | official documents | E/CONF.2/C.8/15 and E/CONF. 2/C. 8/10/ADD. 1-17 | https://exhibits.stanford.edu/gatt/catalog/sz616xq0613 | sz616xq0613_90200297.xml | GATT_147 | 516 | 3,742 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C.8/15
12 March 1948
ORIGINAL: ENGLISH
SECOND INTERIM REPORT BY THE CENTRAL DRAFTING COMMITTEE
ON THE STATE OF ITS WORK IN RELATION TO THE
STATE OF WORK OF THE CONFERENCE
(AS ON 12 MARCH 1948)
Chapter I
Articles 8-12
Articles 13
&14
Article 15
Chapter IV
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
.Article 23
Article 24
Articles 25-29
Articles 30-31A
Articles 32-38
Article 39
Articles 40
Committee
Draft Report (C.6/103/Add.1)
Report to Conference
(E/CONF.2/55)
Approved 2nd reading
Sub-Committee Report (C.2/41)
Sub-Committee Report (C.2/42)
Approved 2nd reading (C.3/85)
Approved 2nd reading
Approved 2nd reading
Approved 2nd reading
Approved 2nd reading
Approved 2nd reading
Approved 2nd reading
Not ready
In Sub-Committee
Approved 2nd reading
Approved 2nd reading
Approved 2nd reading
Deleted
Approved 2nd reading
Central Drafting Committee
In progress - 1st reading
Completed (C.8/1/Rev.1)
Approved in Committee
Completed
Not begun
(C.8/10)
Not begun
In progress - 1st reading
In progress - 2nd reading
Completed (C.8/14)
Completed (C.8/14)
Completed (C.8/9)
Completed (C.8/12)
Completed (C.8/9)
Not begun
Not begun
Completed (C.8/8)
Completed (C.8/6/Rev.1)
Completed (C.8/5/Rev.1)
ding
ding
.1)
1)
42
/Articles 42 E/CONF.2/C.8/15
Pege 2
Articles 42,
42A, 42B
Article 43
Chapter V
Chapter VI
Chapter VII
Article 68)
Article 69)
Article 70
Article 71
Article 72
Article 73
Article 74
Article 75
Articles 76
& 77
Article 78
Article 79
Article 80
Article 81
Article 82
Article 83
Paragraph 1
Paragraph 2
Paragraph 3
Article 83A
Articles 84-88
Chapter VIII
Committee
Approved 2nd reading (C.3/85)
Approved 2nd reading
Report to Conference (E/CONF.2/53)
Approved 2nd reading
Draft Report (6/103/Add.1)
Partly approved 2nd reading
(C.6/88)
Not ready
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Deleted
Approved
Approved
Approved
Approved
Approved
Approved
2nd
2nd
2nd
2nd
2nd
2nd
2nd
reading
reading
reading
(C.6/52)
(C.6/60)
(C.6/52)
reading
reading
reading (C.6/56)
reading
reading (C.6/56)
reading (C.6/60)
2nd reading (C.6/56)
2nd
2nd
2nd
2nd
2nd
reading
reading
reading
(C.6/37)
(C.6/77)
(C.6/29)
reading
reading (C.6/56)
Draft Report (C.6/103/Add.1)
Approved 2nd reading
Central Drafting Committee
Not begun
Completed (C.8/5/Rev.1)
Completed (C.8/2)
Approved in Committee
Completed (C.8/3)
Approved in Committee
(In progress 2nd reading
(In progress 2nd rdading
In progress 2nd reading
In progress 2nd reading
In progress 2nd reading
In progress 2nd reading
In progress 2nd reading
In progress 2nd reading
In progress 2nd reading
In progress 1st reading
In
In
In
progress
progress
progress
1st reading
1st reading
1st reading
In progress 1st reading
In progress 1st reading
In progress 1st rdading
In progress 1st reading
Not begun
In progrees 1st reading
Completed
/Chapter IX E/CONF. 2/C.8/15
Page 3
Chapter IX
Article 93
Article 94
Article 95
Articles 96
& 97
Articles 98
&99
Article 100
Draft Report
Approved 2nd
Approved 2nd
Approved 2nd
Approved 2nd
Committee
(C.6/103/Add.1)
reading
reading
reading (C.6/66)
reading (C.6/68)
Approved 2nd reading (C.6/90)
Approve d 2nd reading (C.6/77)
Central Drafting Committee
In
In
In
In
progress
progress
progress
progress
1st
1st
1st
1st
reading
reading
reading
reading
In progress 1st reading
In progress 1st reading |
|
GATT Library | fy460vk9246 | Second Meeting, held in the Capitolio at 10.30 a.m., Friday, 2 January 1948 | United Nations Conference on Trade and Employment, January 2, 1948 | First Committee: Employment and Economic Activity and Third Committee: Commercial Policy Sub-Committee C: Proposed Resolution on Employment | 02/01/1948 | official documents | E/CONF.2/C.1/C/W.8, E/CONF.2/C.1/A/W.1, and C.1/C/W.1-11 | https://exhibits.stanford.edu/gatt/catalog/fy460vk9246 | fy460vk9246_90180295.xml | GATT_147 | 989 | 6,673 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.1/C/W.8
ON DU 2 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPlOI ORIGINAL: ENGLISH
FIRST COMMITTEE: EMPLOYMENT AND ECONOMIC ACTIVITY
SUB-COMMITTEE C: RESOLUTION ON INTERNATIONAL ACTION
RELATING TO EMPLOYMENT
Second Meeting, Held in the Capitolio at 10.30 a.m.,
Friday, 2 January 1948
The Sub-Committee proceeded to examine the various points suggested as
subjects for recommendations in the resolution, or resolutions, relating to
employment (see documents E/CONF.2/C.1/C/W.1 to 7).
The Sub-Committee decided that it would be unnecessary to repeat the
four points set forth in the draft prepared by theFirst Session (E/CONF.2/5)
but that it would be desirable to refer to these points either in the preamble
or in the early part of the operative section of the resolution, distinguishing
between the three points already covered in the instructions given to the
Employment and Economic Stability Sub-Commission, and the one point omitted
from those instructions.
Concerning the various suggestions that the Economic and Social Council
be requested to secure reports from members of the United Nations and from
the specialized agencies on the steps which they were taking, or were prepared
to take, to maintain employment or to prevent depression, the Chairman drew
attention to the relationship between these suggestions for more immediate
action and the longer term arrangements in which the Members and the
Organization would be participating under paragraph 1 of Article 5. It was
felt that in the interval, pending the establishment of the Organization, it
would be proper for the present Conference to suggest to the Economic and
Social Council that such reports be requested. It was noted that under
paragraph 2 (b) of its instructions the Sub-Commission on Employment and
Stability was already expected to concern itself with arrangements for
reporting this sort of information. It was generally felt that even
though the matter might be regarded as already partially covered in a general
manner, there might be merit in recommending that reports be sought at this
stage relating specifically to measures planned or projected to maintain
employment and avert depression. There was some discussion as to whether
the request from the Economic and Social Council for such reports should be
/limited to members E/CONF .2/C.1/C/W. 8
Page 2
limited to members of the United Nations or whether it might usefully be
extended to cover also non-members of the United Nations represented at the
present Conference.
With reference to the suggested recommendation concerning an inquiry
into the adequacy of existing resources and facilities for international
investment, the representative of Australia indicated that such an inquiry
should be intended to determine whether the existing machinery was adequate
both to meet reconstruction and development needs and to counteract cyclical
fluctuations in economic activity. The Chairman suggested that the adequacy
of present machinery for reconstruction and development purposes would appear
to be covered to some extent by the draft resolution proposed by the Joint
Sub-Committee of Committees II and VI (see Annex C to E/CONF. 2/C.2&6/A/W.2).
He suggested also that the counter-cyclical aspect of investment would be
brought within the present resolution by the reference to points 3 and 4 of
the draft resolution of the First Session and inquired. whether that reference
might not be sufficient. No definite conclusion was reached.
On the suggestion that the Economic and Social Council be asked to
facilitate agreements aimed at securing greater stability in the prices of
basic commodities in international trade, reference was made to the
recommendation already contained in point 2 of the London Draft Resolution,
to the provisions of paragraph (c) of Article 54, to the powers and functions
of the Interim Co-ordinating Committee for International Commodity Arrangements,
and to the possible functions of any Interim Commission for the ITO. It was
suggested that if this function was already being performed so far as
practicable by the Interim Co-ordinating Committee under the Economic and
Social Council it would seem unnecessary to make a further recommendation.
If such a responsibility were to be assigned by the conference to any
Interim Commission (which might possibly absorb the Interim Co-ordinating
Committee) it would seem undesirable to recommend that the Economic and
Social Council also should undertake such a responsibility. It was agreed
that the Secretariat should attempt to provide by the next meeting information
oodntn Co ,..''. .
on the functions of the ttt Co-ordinating Committee and the approximate
date when the terms of reference of any Interim Commission would be likely
to come up fordiscuss'n.
Concerningthe vnrious p oposals rne lating oto,the employmepaspects-
-unei dutn ofpopulation in relation to employment prospects,
it was suhat of ghgested tte last three paragraphs in the draft suggested by
th'elgaftion' o Iataly,-prgraph 1 might not be essential and that
paragraph 2 might be abbreviated. The representative of Itatly fel that
such changes mighted be acceptable but maintain that some recommendation to
/the Economic and Social E/CONF. 2/C .1/C/W. 8
Page 3
the Economic and Social Council should be made since the International
Labour Organization appeared to be concerned with only certain aspects of
the question of migration. The representative of Brazil felt that some
recommendation should be made concerning the need for international assistance
in the settlement of immigrants, since the expense involved was often an
insuperable obstacle to migration. He recognized that the Permanent
Migration Committee had made suggestions on this matter (see paragraph (f)
on page 4 of E/CONF.2/C.1/C/1). Concerning the prevention of illegal
migration, the representative of Mexico felt that both the preamble and
operative part of his draft should be covered in the general resolution or a
separate resolution. The representative of Pakistan felt that
paragraphs 1 and of the draft submitted by the delegation of Mexico should
be modified to take account of the problems for the recipient country as well
as for the country of origin in connection with temporary migration, that
paragraph 3 was acceptable to him, and that a new paragraph might be added
concerning permanent migration. |
GATT Library | np434zq1182 | Second Meeting. List of Delegates, consultantes and observers | General Agreement on Tariffs and Trade, November 1, 1948 | General Agreement on Tariffs and Trade (Organization) and Committee of Contracting Parties on Special Exchange Agreements | 01/11/1948 | official documents | GATT/CEA/5. and GATT/CEA/1-9 GATT/CEA/W.1-6 GATT/CEA.2/W.1-11 GATT/CEA/N.1-4 | https://exhibits.stanford.edu/gatt/catalog/np434zq1182 | np434zq1182_90310150.xml | GATT_147 | 316 | 2,216 | - 4 -
GENERAL AGREEMENT ON TARIFFS AND TRADE
RESTRICTED
GATT/CEA./5.
1 November, 1948.
English only.
COMMITTEE OF CONTRACTING PARTIES ON SPECIAL EXCHANGE AGREEMENTS
SECOND MEETING
LIST .OF DELEGATES, CONSULTANTES AND OBSERVERS
COUNTRY
NAME
London
address
London
telephone
No.
)ELEGATES:-
Monsieur de Bievre
U Saw Ohn Tin)
U Kaung )
Mr. V. Coomarasamy
Mr. B. Mahadeva
c/o Belgian Embassy,
103, Eaton Square, W.1.
Hyde Park Hotel (at
present)
c/o Burmese Embassy,
19a, Charles St.W.1
c/o Burma Supply Organis-
ation, Clarence House,
Matthew Parker St.S.W.1.
28, Cockspur St.S.W.l.
SLOANE
9271
SLOANE
4567
WHITEHALL
2166
Ext.146.
WHITEHALL
0218
Monsieur R.E.
Sergent.
M. R.P. Festy,
French Embassy,
58, Knightsbridge, S.W.I.
ditto,
NEW ZEALAND
Mr. E. L. Greenamith.
Mr. L. S. Nicol,
Mr. L. C. Webb,
Savoy Hotel, or
c/o High Commissioner.
415, Strand, W.C.2.
New Zealand House,
415, Strand, W. C. 2.
ditto
TEMPLE BAR
4343
TEMPLE BAR
3241
TEMPLE BAR
ditto
PAKISTAN
Mr. Hamid Ali.
Mr. C.A. Hasnie
UNITD KINGDOM Mr. R. J, Chackle
Mr. L. P. Thompson-
McCausland.
Mr. E. C. R. Kahn.
Mr.A.L. Burgess.
UNITED STATES Mr. G. Bronz
Mr. L. Hebbard.
c/o High Comm. Pakistan
House, 15, Fitzhardinge
St. W.1.
ditto
WEL 0791
ditto
Board of Trade, M illbank, S.W.1. WHI.5140.
Banlk of England, E.C.2. MON. 6666.
Treasury, S. W.l. WHI. 234.,
Ex.540.
Board of Trade, S.W.1. WHI, 540.
(home) BATT. 8788.
c/o U.S.A. Embassy, GRO.4111.
Grosvenor Square, W.1.
ditto ditto
/CONSULTANTS
BELGIUM
BURMA
CEYLON
FRANCE
SLOANE
3404 COUNTRY NAME LONDON
OR ORGAISA- ADDRESS
TION
LONDON
TELEPHONE No.
CONSULTANTS :-
INTERNATIONAL
MONETARY FUND
Mr. A.Z. Saad.
Mr.Andre Van-Cam-
penhout.
Mr. G.F Luthringer
Mr. E, Hexner.
Claridges Hotel.
ditto
ditto
Hotel Park Lane,
Piccadilly.
OBSERVERS :-
Australia
Mr. C.L. Hewitt.
Australia House,
Strand. W.C.2 . . . .
TEMPLE BAR
1567.
Mr. A. E. Ritchie.
Canada House,
Trafalgar Sq. sew. 1.
ditto
MAY. 8860
ditto
ditto
GRO. 6321.
Canada
WHI. 9741.
Mr. J. H. Warren.
ditto. |
GATT Library | rd516zx1791 | Second Meeting. List of Delegates, consultants and observers | General Agreement on Tariffs and Trade, November 3, 1948 | General Agreement on Tariffs and Trade (Organization) and Committee of Contracting Parties on Special Exchange Agreements | 03/11/1948 | official documents | GATT/CEA/5/add 1. and GATT/CEA/1-9 GATT/CEA/W.1-6 GATT/CEA.2/W.1-11 GATT/CEA/N.1-4 | https://exhibits.stanford.edu/gatt/catalog/rd516zx1791 | rd516zx1791_90310151.xml | GATT_147 | 64 | 569 | RESTRICTED
GATT/CEA/5/ add 1.
3rd Novmiberl9194
English only.
GENEREL AGREEMENT ON TARIFFS AND TRADE
COMITTEE OF CONTRACTING PARITES ON SPECIAL EXCHANGE AGREEMENTS
SECOND MEETING
LIST OF DELEGATES, CONSULTANTS AND OBSERVERS
The following name should be added to the list of Observors
London London
COUNTRY NAME Address Telephone
No.
c/o
SWEDEN Lennart Dahlstrom Financial Attache, LANGHAM
Swedish Legation, 2080
27, Portland Place, or
W.l. 3481 |
GATT Library | dq800vp9538 | Second Meeting, London, November, 1948. Note on Discussions on 1st and 2nd November, 1948 | General Agreement on Tariffs and Trade, November 3, 1948 | General Agreement on Tariffs and Trade (Organization) and Committee of Contracting Parties on Special Exchange Agreements | 03/11/1948 | official documents | GATT/CEA/N.1. and GATT/CEA/1-9 GATT/CEA/W.1-6 GATT/CEA.2/W.1-11 GATT/CEA/N.1-4 | https://exhibits.stanford.edu/gatt/catalog/dq800vp9538 | dq800vp9538_90310172.xml | GATT_147 | 4,018 | 25,170 | RESTRICTED
GATT/CEN.1.
3rd November, 1948.,
English only.
GENERAL AGREEMENT ON TARIFFS AND TRADE
COMMITTEE OF CONTRACTING PARTIES ON SPECIAL
EXCHANGE AGREEMENT
SECOND MEETING, LONDON, NOVEMBER, 1948.
NOTE ON DISCUSSIONS ON 1ST AND 2ND NOVEMBER, 1948.
1. ELECTION OF CHAIRMAN.
Mr. George Bronz, representative of the United States, was elected
Chairman of the Committee.
2. ADOPTION OF AGENDA.
The provisional agenda in GATT/CEA/3 was adopted.
3. OBSERVERS.
The Chairman welcomed Mr. C.L. Hewitt and Mr. A. E. Ritchie as
observers for Australia and Canada. The Committee agreed that an
invitation to send an observer should be extended to the Government of
Sweden which had expressed a desire to be represented in view of the fact
that they would participate in the tariff negotiations in 1949 with a view
to acceding to the General Agreement and would thereafter be expected
either to join the International Monetary Fund or to conclude a special
exchange agreement with the CONTRACTING PARTIES.
49 TERMS OF REFERENCE
Attention was drawn to the Committee's terms of reference contained
in GATT/CEA/1.
5. RULES OF PROCEDURE.
The Chairman proposed that if questions of procedure should arise during
the meeting, the Rules of Procedure for Sessions'of the CONTRACTING PARTIES.
as contained in GATT/C.P.2./3 Rev.2., should be adopted.
6. TRANSLATION AND INTERPRETATION.
With the consent of the representatives of Belgium and France it was
agreed that documents for the meeting should be issued in English only and
that the discussions would be conducted i in English without interpretation
except at the request of the representative of Belgium or France.
7. HOURS OF WORK.
The Committee agreed that meetings would be held normaIly 10.30 a.m. to
1 p.m. and 3 to 6 p.m. but that this might be varied from day to day.
8. PUBLICITY.
The Committee decided that no publicity need be given to their meetings
and that the question of a press release need not be considered unless the
press showed an interest in the procedings.
9. PROPOSAL OF THE GOVERNMENT OF NEW ZEALAND.
The Chairman inquired whether the Committee would, wish to begin their
deliberations by a first reading of drafts A and B of a special exchange agreement
/contained -2-
GATT/CEA/N.1.
contained in GATT/CEA/W.2. The representative of New Zealand proposed
that an agreement containing fewer and more flexible provisions might be
preferable and would in any case be favoured by his Government in view of
the popular objection in New Zealand to membership in the Fund; he submitted
to the Committee an outline of a special agreement which was subsequently
distributed as document GATT/CEA/W.3. In reply to questions the
representative of New Zealand stated that his Government presented this
alternative draft because they regarded it as more practicable and not from
any desire to weaken the proposed obligations to be undertaken by the
governments which would sign the agreement.
10. FIRST READING OF DRAFT AGREEMENT
The Committee decided to proceed by an examination of the Articles of
Agreement of the International Monetary Fund which appeared in the third
column of GATT/CEA/W.2., and at the same time to note the corresponding
provisions in drafts A and B in that document and in the New Zealand
proposal.
Article 1 (of the articles of the Fund):
purposes
The observer for Australia suggested that the article of a
special agreement setting forth its purposes should contain a statement,
based upon paragraph 7(a) of Article XV of the General Agreements
to the effect that one of the objectives was that the General Agreement
should not be frustrated as a result of the signatory government's
action in exchange matters. The representative of New Zealand
drew attention to the fact that this point was incorporated in paragraph 2
of his draft.
Article IV, Section 1, and Article XX, Section 4,
(of the Articles of the Fund):
Par Values.
As representative of the United States, the Chairman suggested
that the procedure for the initial determination of par value proposed
in draft B was unnecessary and that the fixation of the par value at
the time of the conclusion of the Agreement, as proposed in draft A,
was preferable.
The representative of New Zealand said that there was no provision
in his draft for the fixation of par value, but this was not an
essential feature of his draft and it could be provided if thought
desirable.
Article IV, Section 2 (of the Articles of the Fund):
Gold Transactions.
The representative of Belgium suggested that the prescription
of margins above and below par values for transactions in gold should
be applicable only to transactions by governments and not to private
transactions.
The representative of New Zealand said that he would prefer to
have the margins fixed by the CONTRACTING PARTIESas provided in
draft B, rather than to stipulate that the margins shall be those
prescribed by the Fund for its members, The Chairman said that it
would be necessary to consider what possibility there would be of the
CONTRACTING PARTIES fixing margins for transactions by country "X"
which were not the same as the margins prescribed by the Fund for its
members.
The representative of the United Kingdom said that his Governmnet
would not wish there to be more than one authority fixing such margins.
Article IV. Section 3 (of the Articles of the Fund):
Foreign Exchaneg Dael
There was no comment on the proposal in drafts A and B to
4 GATT/CEA/N.1.
-3-
incorporate a paragraph similar to Section 3. It was noted that draft B
referred to rates for transactions between the currency of the signatory country
and the currencies of other contracting parties which are members of the
Fund or have comeluded special exchange agreements with the CONTRACTING PARTIES,
thus excluding a contracting party which was not a member of the Fund and had
not yet concluded a special exchange agreement. The representative of the
United Kingdom expressed agreement with this provision as it appeared in
paragraph 4, and also in paragraph 5(b) of draft B.
Article IV. Section . (of the articles of the Fund):
Obligations regarding, exchange stability.
It was noted that whereas a paragraph corresponding to sub-paragraph (a),
requiring a member of the Fund to undertake to collaborate with the Fund to
promote exchange stability etc., appeared in draft B, the same provision had
been placed in the first Article in draft A.
There was no comment on sub-paragraph (b)..
Article IV, Section 5 (of the Articles of the Fund):
Changes in par value
In the discussion of this Article it appeared that members of the
Committee were generally in agreement with the provisions proposed in drafts
A and B.
A representative of the Fund inquired whether the Government of New Zealand
would agree to a provision requiring prior approval for changes in par values.
In reply the representative of New Zealand said that he thought his Government
would not object to that provision and he thought that this might be deemed
to be covered by the second sentence of paragraph 3 of his proposal.
The representative of the United Kingdom drew attention to Section 6
of Article IV of the articles of the Fund entitled "Effect of unauthorised
changes", and suggested that a corresponding condition should be included
in special exchange agreements.
Article IV, Sections 7 and 5 (of the Articles of the Fund):
Changes in par value.
The representative of the United Kingdom said that he would prefer the
corresponding paragraph of draft A which provided that in the event of
uniform changes country "X" "will change its par value proportionately" instead
of "may change ............", as in draft B.
A representative of the Fund explained that Section 5(e) which provides
that a member may change the par value of its currency without the concurrence
of the Fund if the change does not affect the international transactions of other
members, had been included in the Articles of Agreement at the request of the
Russian representatives at the Bretton Woods Conferrence; no corresponding
provision had been included in draft A since it was considered to be an exceptions
provision and one which could be inserted in any particular agreement if found
to be necessary.
Article IV, Section 9 (of the Articles of the Fund):
Separate Currencies.
It was noted that the question of separate currencies within the territories
of a signatory country would not arise in connection with any of the agreements
contemplated except possibly for New Zealand; therefore, it was thought
unnecessary to include a provision corresponding to Section 9 in the draft
master agreement
/Article VIII - 179 -
GATT/CEA/N.1.
-4-
Article VIII, Section 2 (of the Articles of the Fund):
Restrictions on Current Payments.
The representative of New Zaland said that his Government would wish
to limit the applicability of a provision corresponding to this Section to
restrictions on payments for trade; thus the four sub-paragrap .of....
paragraph 1 in the New Zealand draft referred specifically to "trade" and this
term was meant to include shipping and other related services, but not tourist
travel, etc. The second part of paragraph 3 of the New Zealand draft was
prorpted by paragraph 7(a) of Article XV of the General Agreement which
required that a special exchange agreement should provide that the objectives
of the General Agreement would not be frustrated by action of the signatory
government in exchange matters. The representative of the Fund said that if
a provision dealing with the avoidance of restrictions on current payments
were to regulate only those transactions directly connected with imports and
exports, a large sector of paymentsaand transfers would remain unregulated;
the Articles of the Fund covered all current transactions and, therefore, the
draft proposed by New Zealand would have to be carefully examined to see whether
there would be a weakening of the obligations compared with those assumed
by members of the Fund.
The representative of New Zealand stated further that he believed his
Government would agree to the condition of prior approval for restrictions on
current payments. The representative of the United Kingdom draw attention to
the fact that Section 2 of the Articles of the Fund provided for "the approval
if the Fund", whereas the corresponding provision of draft A required
"express prior" approval.
Article VI, Section 3 (of the Aricles of the Fund):
Capital Transfers.
No comment.
Article VIII, Section 3 (of the Articles of the Fund):
Discriminitory Currency Pratices.
The representative of New Zealand suggested that a provision in the special
agreement corresponding to the first sentence of Section 3 should refer only
to "discriminatory currency arrangements" and "multiple currency practices" which
affect international trade; he said that a practice which is intended only for
the policing of import controls should be allowed.
Referring to the second sentence of Section 35 the representative
of the Fund stated that no corresponding provision had been included in draft A
because, so far as it was known, none of the countries would be signing a
special exchange agreement had such practices in operation which it would wish
to retain and which were not already covered by the transitional provisions;
in special exchange agreements it was not necessary, as it had been in the
Pretton Woods Agreements to deal with hypothetical cases and to make provision
for the unknown circumstances of the future; thus, whereas the second part
of Section 3 allowed arrangements and practices which were engaged in when the
agreement came into force, i. o, in December, 1945, it was not now necessary
to include this provision in the draft master agreement, but it could be
inserted in any particular agreement if found desirable. The representative
`f the United Kingdom thought that a special agreement would appear to be more
restrictive than the Articles of Agreement of the Fund if no corresponding
revisionn wore included and, therefore, it should be inserted even though it
appeared unlikely that it would serve a useful purpose. The representative of
Belgum said that a provision corresponding to the first part of Section 3,
i.e. the prohibition on such arrangements and practices, should not operate
suddenly and that where such practices were engaged in there should be a
transitional period for their cessation.
/Article VIII -180- GATT/CEA/N.1.
-5-
Article VIII, Section 2(b) (of the Articles of the Fund):
Exchange Contracts.
It was noted that drafts A and B include a provision corresponding to
that of the Articles of the Fund dealing with the enforcibility of contracts
which involve the currency of a member of the Fund and are contrary to the
exchange control regulations of that members but that the provision in
draft A placed an obligation on the signatory government, while that in
draft B placed obligations on the other contracting parties, The
representative of the United States said that he had no authority to agree
to the assumption of new obligations on behalf of his Government and
acceptance of the provision in draft B might require new legislation. The
representative of the United Kingdom said that his Government might also
require special legislation but presumably this could bet obtained at the
same time as the definitive acceptance of the General Agreement and the
ratification of the Havana Charter, The representative of New Zealand said
that draft B had been found acceptable to his Government, but he had
received no instructions concerning draft A. The representative of France
remarked that if the governments which were to sign the agreements should not
a k for obligations to be assumed by the other contracting parties the problem
would fall away.
The representative of the Fund mentioned the question of whether
obligations assumed under the special agreement would be binding upon the
signatory government during the period of the provisional application of the
General Agreement and whether executive approval of the special agreement
would be regarded as binding in the courts. The Chairman said that the
signatory governments when entering special agreements might make statements
concerning their binding effect on the Executive, and the representative of
New Zealand mentioned that their Parliament had already ratified the General
Agreement and had, therefore, accepted the provision requiring a contracting
party which is not a member of the Fund to enter into a special exchange
agreement.
Article XIX (of the Articles of the Fund):
Explanation of Terms.
The representative of the Fund said that he hal no objection to
inserting in the agreement a reference to Article XIX of the Articles of
the Fund as had been done in draft B, instead of selecting for incorporation
only the definition of payments for current transactions as had been done
in draft A.
Article VIII, Sections 3,4 and 5 (of the Articles of the Fund):
Scarce Currencies.
The representative of New Zealand said that his Government would wish
to add a further provision to sub-paragraph (a.) in draft B as follows:-
"Such limitations may also be imposed if a currency is scarce to country "X"
without having been declared scarce by the Fund."
With reference to Section 5 and the inclusion of a correspondig
provision in draft B, the Chairman draw attention to the fact that this
again raised the question of the contracting parties being required to
assume obligations in respect of country "X".
Article VIII, Section 4 (of the Articles of the Fund):
Convertibility.
The Chairman said that the Committee would have to decide whether a
corresponding provision providing for the purchase of foreign held balances
should be omitted altogether as. in draft B, or whether it should be included.
without the final exception (b)(v) as in draft A; he said this again
/raised -181- GATT/CEA/N.1.
raised the question of a parallel set of obligations for the signatories
of special agreements and for the other contracting parties. The
representative of New Zealand said that his Government might agree to the
proposal in draft A on rtain conditions, but it might be better to
omit it. The representative of the United Kingdom thought that the
provision proposed in draft A would have no immediate application to
New Zealand, but it might be of interest to a country like Sweden and,
therefore, its inclusion would have to be carefully considered.
Article XIV (of the Articles of the Fund):
Transitional Period.
The Chairman drew attention to the note in draft A, paragraph 1,
to the effect that an agreement concluded with a contracting party whose
territory was occupied by the enemy in the last war would have to include
a provision for the introductions as well as the maintenance, of
restrictions on payments and transfers for current transactions; it
appeared that such a provision would be of interest only to Burma and,
therefore, need not be included in the master agreement.
Referring to the alternative based upon Article XII (2)(a) of the
General Agreement, for the first part of the corresponding article in
draft A, the representative of the United Kingdom said that he would prefer
to retain the phraseology used in the Articles of Agreement of the Fund as
provided in the corresponding paragraphs of draft B.
The representative of New Zealand said that his Government had
expressee a preference for draft B.
Article XII, Section 8 (of the Articles of the Fund):
Communications to Members.
It was noted that draft A included an article corresponding to
Article XII of Section 8 of the Articles cf the Fund and that the latter
should have appeared on page 9 of GATT/CEA/W.2.
The representative of the Fund said that members had sometimes
objected to the submission of views to them by the Fund and that
Section 8 had thus been of value in giving authority for such submissions.
The Chairman said that the provisions of paragraph 5 of the
New Zealand draft suggested that the relations between the
CONTRACTING PARTIES and the Fund might require elaboration beyond that
contained in the exchange of letters of September - October,1948, and
possibly on the lines of the draft relationship agreement between the
I.T.O. and. the Fund.
Article VIII, Section 5 (of the Articles of the Fund):
information.
The Chairman drew attention to the fact that paragraph 8 of
Article XV of the General Agreement requires a contracting party which
is not a member of the Fund to furnish such information, within the
general scope of this Section, as may be requested by the CONTRACTING
PARTIES. In view of this provision, the representative of New Zealand
suggested that the special agreements might require no provisions
corresponding to this Section.
Article XI. Sections 1 and 2 (of the Articles of the Fund)
Relations with non-mombers.
It was noted that a corresponding provision had been included
in draft B, but none in draft As and the Chairman suggested that the
applicability of this provision to various categories of countries,
whether or not members of the Fund, contracting parties or signatories
of special agreement, would have to be carefully considered.
Article XVI -182- GATT/CEA/N.1.
-7-
Article XVI. Section 1 (of the Articles of the Fund):
Temporary Suspension.
No comment.
Article VIII, Section 6 (of the Articles of the Fund):
Existing Intornational Agreements.
It was noted that the inclusion in draft B of a provision
corresponding to this Section again raised the question of the
assumption of obligations by other contracting parties which might
have prior engagements with the signatories of special agreements.
The representative of New Zealand said that this provision might be
omitted ana the representative of the United States said that he would
prefer to see it omitted,
Article V, Section 1 (of the Artiles of the Fund):
Agencies.
Territorial Application.
It was noted that a provision corresponding to Section2(g)
would not be required except possibly for New Zealand and, therefore,
need not be included in the draft master agreement.
Article XVII (of the Articles of the Fund):
Amendments.
The observer for Australia suggested that the corresponding article
in a special exchange agreement should provide as in draft A, that
amendments of the agreement may be proposed by the CONTRACTING PATIES
as well as by the signature government.
Article XVI, Section2(b) (f the Articles of the Fund):
Termination.
Members of the Committee expressed the view that provision should
bo made, as in draft A, for termination of the agreement when the
signatory government either joins the Fund or withdraws from th,
General Agreement, and that no mention need be made of the possibility
of the Fund being liquidated.
Miscellaneous Provisions.
The Commiittee also considered paragraphs 1 and 3 of Article XIV of
draft A conaining provosions which did not correspond to articles of the
Fund Agreement.
Paragraph l. The Chairman suggested that, it would be unneccessary to
that a special, agreement would constitute a part of the signatory
goverment's obligations under the General Agreement, in view of the
fact that this was specifically provided for in paragraph 6 of Article XV
of the General Agreement.
Paragraph 3. The Chairman suggested that a provision for the
CONTRACTING PARTIES to declare that the signatory governments had violated
the agreement and its obligations under the General Agreement appeared
to be unecessary and that the complaint procedure of the General Agreement
was adequate. The representative of the United Kingdom thought that
the declaration of violation was a useful concept and was preferable to
/the 11. ACTION BY THE CONTRACTING PARTIES.
The representative of the United Kingdom mentioned the general problem
of how the CONTRACTING PARTIES would take action or reach decisions during
the long intervals between sessions; concerning consultations with the Fund
in matters arising under a special agreement, he suggested that arrangements
night be made, for example, for the Chairman to proceed with consultations
with the Fund upon receiving a request from a contracting party, or, on the
other hand, the signatory government might be given the option of bringing the
question to the notice of the Chairman or referring it directly to the Fund.
This suggestion was supported by the representative of France, who said that
a signatory government might prefer to refer direct to the Fund for reasons
of security and expedition.
12. COMMENTS ON THE NEW ZEALAND PROPOSAL
The representative of New Zealand said that it was his desire to
inform his Government of the views of the Committee on the proposal presented
by him in GATT/CEA/W.3; in particular he would like to know whether the
proposal for a much shorter agreement than that envisaged in drafts A and B
would be acceptable.
The following comments were made:-
UNITD KINGDOM It will be necessary to avoid creating two classes of
contracting parties and weakening the obligations corresponding to the
Articles of the Fund; thus the obligations on members of the Fund should
be preserved intact in the provisions of the special agreements.
UNITED STATES. The obligations in the Articles of the Fund are all
thought to be essential and, therefore special agreements based on drafts A
and B would be preferred.
FRANCE, The text of a short draft such as that submitted by New Zealand
would require very lengthy and careful study. The Fund Articles were prepared
by technicians and should, therefore, be accepted as a basis for the
povisions of the special agreements; it might, however, be possible to
avod specific mention of the Fund so as to meet the political problem
if the New Zealand Government,
BELGIUM. Precise commitments would be preferable so as to avoid different
interpretations of obligations by signatory governments and the Fund.
CEYLON. The Government of Ceylon expects to enter the Fund in the near
future; drafts A and B would seem preferable.
PAKISTAN. The Government of Pakistan expects to enter the Fund in the near
future.
BURMA. No instructions have been received.
The representative of New Zealand then enquired whether it might
be possible to have a short agreement on the lines proposed and a set of rules
/for GATT/CEA/N.1.
for interpretation as a separate document. The Chairman and members
of the Committee agreed that this proposal might be considered.
The Committee agreed with the proposal of the Chairman that the
Committee should recess for two days, to give members an opportunity to
prepare definite proposals in the light of the discussions in
First Reading, and that the meeting should be resumed at 10.30 a.m.
on November 5th. |
GATT Library | sr894dj3553 | Second Meeting London, November, 1948. Notes on discussions on 5th November, 1948 | General Agreement on Tariffs and Trade, November 5, 1948 | General Agreement on Tariffs and Trade (Organization) and Committee of Contracting Parties on Special Exchange Agreements | 05/11/1948 | official documents | GATT/CEA/N.2. and GATT/CEA/1-9 GATT/CEA/W.1-6 GATT/CEA.2/W.1-11 GATT/CEA/N.1-4 | https://exhibits.stanford.edu/gatt/catalog/sr894dj3553 | sr894dj3553_90310173.xml | GATT_147 | 286 | 1,790 | -485- RESTRICTED
GATT/CEA/N.2.
5th November, 1948.
English only.
GENERAL AGREEMENT ON TARIFFS AND TRADE
COMMITTEE OF CONTRACTING PARTIES ON SPECIAL
EXCHANGE AGREEMENT
SECOND MEETING LONDON, NOVEMBER, 1948.
NOTES ON DISCUSSIONS ON 5TH NOVEMBER, 1948.
14. PROCEDURE.
The Chairman reported that he had consulted with several members
of the Committee who had proceeded with the preparation of a revised
draft based upon drafts A and B and the New Zealand proposal;
unfortunately it had not been possible to complete the new draft in the
two days recess, but it would be ready in tine for submission to the
Committee on Monday, 8th November. It was agreed that the meeting should
resume on Monday at 10.30 a.m.
15. REVISION OF AGENDA
The representative of Belgium suggested that it would be desirable
to prepare only one draft agreement which should be accepted by all
contracting parties not members of the Fund, instead of having a different
agreement for each contracting party. This proposal met with the approval
of the Committee and items 1 and 2 of the agenda were revised accordingly.
16. THE FORM OF THE SPECIAL AGREEMENTS.
The representative of the United Kingdom suggested that the Committee
should prepare the draft agreement in the form of a sot of rules
relating to exchange matters, which would follow closely the Articles of
Agreement of the International Monetary Fund, for adoption by the
CONTRACTING PARTIES; that the agreements to be signed by contracting
parties which are not members of the Fund should be in the nature of
instruments recording their acceptance of the provisions contained
in the set of rules; and that the set of rules should be appended to
each agreement. This proposal was also accepted by the Committee. |
GATT Library | qz939ht7992 | Second Meeting, London, November, 1948. Notes on discussions on 8th November, 1948 | General Agreement on Tariffs and Trade, November 8, 1948 | General Agreement on Tariffs and Trade (Organization) and Committee of Contracting Parties on Special Exchange Agreements | 08/11/1948 | official documents | GATT/CEA/N.3. and GATT/CEA/1-9 GATT/CEA/W.1-6 GATT/CEA.2/W.1-11 GATT/CEA/N.1-4 | https://exhibits.stanford.edu/gatt/catalog/qz939ht7992 | qz939ht7992_90310174.xml | GATT_147 | 952 | 6,016 | -486- RESTRICTED
GATT/CEA/N.3.
8 November, 1943.
English only.
GENERAL AGREEMENT ON TARIFFS AND TRADE
COMMITTEE OF CONTRACTING PARTIES ON SPECIAL EXCHANGE AGREEMENTS
SBCOND MEETING, LONDON, NOVEMBER, 1948.
NOTES ON DISCUSSIONS ON 8TH NOVEMBER, 1948.
17. THE NEW ZEALAND PROPOSAL.
The representative of New Zealand stated that he had received new
instructions. from his Government. He put forward further arguments in favour
of the short form of agreement as proposed in GATT/CEA/W. 3. Other members of
the Committee gave their reasons for believing that the more explicit
agreement on the lines which the Committee had been discussing would be
preferable.
The Committee then proceeded to examine the draft agreement which had been
prepared by the Chairman in consultation with several members of the Committee
as set forth in GATT/CEA/W.4.
18. ARTICLE VI - CHANGES IN PAR VALUE, paragraph 6.
A member of the Committee enquired whether in the event of the Fund
deciding upon uniform proportionate changes in par values, changes in the par
value of a currency of an Acceding Government would then be considered in
relation to the new par value accepted in accordance with the Fund's decision
or in relation to the initial par value established at the time of signature of
the special exchange agreement. The representative of the Fund offered to
obtain elucidation of the position from his Board of Directors and to report to
the CONTRACTING PARTIES.
19. ARTICLE VI, CHANGES IN PAR VALUE, new paragraph.
The representative of New Zealand suggested that the following paragraph
should be added to Article VI:-
"9. Where a change in the par value of an Acceding Government's currency
is necessitated by pressure on monetary reserves and arises from carrying
out the policies referred to in Article XII 3 (b) of G.A.T.T. the
CONTRACTING PARTIES shall not object to such a change in par value on the
grounds that a variation of policy would render the change unnecessary."
The members of the Committee expressed the opinion that policies not
inconsistent with paragraph 3 (b) of Article XII of the General Agreement,
that is policies directed towards the achievement and maintenance of full and
productive employment etc., would be covered by paragraph 4 of Article VI which
provides that the contracting parties shall not object to a proposed change in
par value because of the domestic social or political policies of the
Acceding Government.
20. ARTICLE XI - Transitional Period.
The representative of Pakistan drew attention to the requirement that an
Acceding Government availing itself of the transitional arrangements should
take all possible measures to develop such commercial and financial
arrangements with other contracting parties as would facilitate international
payments and the maitenance of exchange stability. At his request it was
agreed that the following question and answer should be incorporated in the
notes of the meeting:-
Mr. Hasnie (Pakistan) wanted to know the significance of the word
"commercial" in Article XI. In his opinion it was necessary to state that
to facilitate international payments countries will not be required to make
commercial arrangements which are more stringent than what the General
Agreement on Tariffs and Trade requires or Article 13 of the Havana
Charter contemplates. He thought that the draft as at present worded,
though in line with Article XIV of the Find Agreement, left him in doubt
/whether -487- RESTRICTED
GATT/CEA/N.3.
page 2. 8 November, 1948.
English only.
whether the concessions relating to economic development granted
by the General Agreement or the Havana Charter were not likely to
become ineffective in view of Article XI of this Agreement. That
the intent of the General Agreement is to be kept in view did not
in his opinion cover the second half of the second sentence of
this Article (Article XI) as it related to a different period,
that is the period when conditions permitted removal of
restrictions on payments: He was of the opinion that in
essentially commercial matters commercial agreements like the
General Agreement or the I. T.O. Charter should hold the field, while
on financial matters the decision of the Fund or this Agreement
would rule supreme.
Mr. Saad, the Executive Director of the Fund replied that he
completely agreed with Mr. Hasnie that in purely commercial
matters General Agreement and I.T.O. principles should be applied by
members of those two institutions, while in financial matters the
Articles of the Fund or the special exchange agreement should be
applied; provided that all this is subject to the frustration and
other related articles, As to the other part of the question
regarding whether a commercial action taken, for example, under
Article 13 of the Havana Charter by a member of the I.T.O. who is a
member of the Fund, or who is an Acceding Government to a special
exchange agreement, may be considered by the Fund as against its
undertaking (mentioned in Article XIV of the Fund Agreement) to take
all possible measures to develop such commercial arrangement with
other members as will facilitate international payments and the
maintenance of exchange stability Mr. Saad said that he would draw
the attention of Mr. Hasnie to the fact that if any matter arises out of
the application by an I.T.O. member of an article of the Havana
Charter, the final decision lies with the I.T.O., whether the Fund is
called for consultation or not, and whether the I.T.O. has to accept
the determination of the Fund or not; it was difficult to imagine
that the I.T.O. would render unfavorable decisions against I.T.O.
members exercising their rights under the Havana Charter provided
they were not violating any of the purposes or the provisions of
the Articles of that Charter.
21. PROCEDURE,
The Committee decided to complete its work on the following day. |
GATT Library | xs131sq1548 | Second Meeting, London, November, 1948. Notes on discussions on 9th November, 1948 | General Agreement on Tariffs and Trade, November 9, 1948 | General Agreement on Tariffs and Trade (Organization) and Committee of Contracting Parties on Special Exchange Agreements | 09/11/1948 | official documents | GATT/CEA/N.4. and GATT/CEA/1-9 GATT/CEA/W.1-6 GATT/CEA.2/W.1-11 GATT/CEA/N.1-4 | https://exhibits.stanford.edu/gatt/catalog/xs131sq1548 | xs131sq1548_90310175.xml | GATT_147 | 1,070 | 6,762 | RESTRICTED
GATT/CEA/N.4.
9 November, 1948.
English only.
GENERAL AGREEMENT ON TARIFFS AND TRADE
COMMITTEE OF CONTRACTING PARTIES ON SPECIAL EXCHANGE AGREEMENTS
SECOND MEETING, LONDON, NOVEMBER, 1948.
NOTES ON DISCUSSIONS ON 9TH NOVEMBER, 1948.
22. CORRIGENDA.
Members of the Committee asked for the following changes in the
notes on previous discussions:-
(a) GATT/CEA/N.1. Item 10.
The representative of New Zealand asked for the deletion of the
words "and it could be provided if thought desirable" at the end of the
second paragraph under the second sub-heading.
(b) GATT/CEA/N.3. Item 17.
The representative of New Zealand asked that the first two sentences
should be rewritten as follows: "The representative of New Zealand put
forward further arguments in favour of the short form of agreement as
proposed in GATT/CEA/W.3."
(C) GATT/CEA/N.3. Item 18.
The representative of Pakistan asked that it be recorded that it
was he who had addressed the enquiry to the Committee.
23. ARTICLE VII - RESTRICTIONS ON CURRENT PAYMENTS.
The representative of New Zealand proposed amendments in the draft
of Article VII with the effect of limiting the prohibition on restrictions
to those directly affecting imports and exports, including normal
charges such as freight and insurance and to allow the use of restrictions
and controls which are intended to make effective quantitative
restrictions on imports and exports which are imposed in accordance with
the provisions of the General Agreement, (see items 4 and 5 in
GATT/CEA/6 and the notes on the discussions on Article VIII, Sections 2
and 3 in GATT/CEA/N.1.) The representative of the United Kingdom gave his
views at some length on these proposals and the Committee agreed that the
following record of his statement should be included in the notes of the
meeting:
The United Kingdom representative considered that the point
raised by the New Zealand representative was in practice covered by
Article VIII (corresponding to Article VI of the Fund Agreement)
which gave the Acceding Government the right to exercise controls to
regulate international capital movements. It had always been
recognized since the earliest discussions of the subject, even
before Bretton Woods, that an effective control of capital movements
would require procedures covering both payments and receipts to
ensure (a) that, where payments purported to be for imports, goods
were in fact imported to the full value of the payment made and (b)
that, where goods were exported, payment to the full value of the
goods exported was in fact received. Without such controls there
would be no means of ensuring that capital was not exported under cover
of what purported to be current transactions. Such controls might, in
the opinion of some, be regarded as restrictions, but that was merely a
matter of nomenclature which had never been held to impair the right
conferred by Article VI of the Fund. Hence any member, whether or not
/applying GATT/CEA/N.4.
2.
applying quantitative rerstrictions to imports or exports,
had the right to exercise controls to ensure that payments
made in respect of imports were in fact only such payments
as are appropriate to imports made and that payments for
exports are in fact received to the full value of such
exports. This appeared to cover the whole of what the
New Zealand Government asked. -
24. PROPOSED ADJOURNMENT.
The representative of New Zealand asked that the meeting
should not finish that day and that the discussions should be
continued so as to allow for time for communication with his
Government or, failing that, that the Committee should meet again
before finally deciding upon the recommendations to be submitted
to the CONTRACTING PARTIES. The Chairman drew attention to the
fact that the Committee's terms of reference require that a
suitable draft agreement shall be circulated to the contracting
parties one month before the Third Session which is to be held in
April. Members of the Committee were of the opinion that it would
difficult to reach a final conclusion even if the meeting were to
continue for several days and also they thought it would be difficult-
to arrange to meet again more than a month prior to the Third Session,
Accordingly it. was agreed to adjourn and to distribute an Interim Report
to the contracting parties, recording the Committee's work and the
extent of agreement thus far reached, but to withhold definitive
recommendations for a second report; it was thought that a third
meeting could be held at the time of the Third Session to complete
the draft of a special exchange agreement and to consider again the
views of the New Zealand Government.
25. REPORT TO THE CONTRACTING PARTIES.
The Committee completed its examination and amendment of the
text of the "Set of Rules" intended to govern the exchange
arrangements of contracting parties which are not members of the
Fund and also the text of a sample instrument of accession, these
two documents to be attached as annexes to the Committee's Interim
Reports. Further, the Committee considered and agreed upon the text
of a report to be distributed to the contracting parties.
26. NEXT MEETING.
The Committee agreed to meet again a few days prior to the
Third Session of the CONTRACTING PARTIES at the place where that
Third Session would be held. Document Language Short Title of Document
Number
Working Party on Commodity Problems
Symbol: CWP/
1 E.F.
2
3
4
5
6
7
8
9
10
11
12
12
13
E. F.
E.F.
E.F.
E. F.
E.F.
E. F.
E. F.
E.F.
E. F.
E. F.
/Corr.1
14
15
16
17
18
19
20
21
Draft Agreement on Commodity Arrangements
- Comments by ILO
Amendments proposed by French Delegation
Statement by Australian Representative
Statement by Japanese Representative
Statement by German Representative
Amendments to Draft Agreement - Proposals
by Federation of Rhodesia and Nyasaland
Amendments to Draft Agreement - Comments
and Proposals by Indonesian Delegation
Consolidated Amendments to Draft Agreement
Preamble and Art. I of Draft Agreement
Relationship between GATT and SACA
New Article on Relations with other Inter-
governmental Organisations
Draft of Articles II and III of SACA
Corrigendum
Document circulated by Australian Represen-
tative
Belgian Proposals on redraft of Article I
Draft of Articles IV and V
Statement by Australian Representative
Draft of Articles VI to IX
Draft of Article IV:5
Draft Agreement on Commodity Arrangements
Amendments to Articles VI and VII
Draft - Final Report of Working Party
E.F.
Bil.
E. F.
E. F.
E. F.
E.F.
E.F.
E.F.
E.F.
E.F.
E.F. |
GATT Library | cn839yj6187 | Second protocol of rectifications : Item 14 on the Provisional Agenda. Proposals by the United States Delegation | 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/W.4 and GATT/CP.2/W.1-W.14 CP.2/W.1/Rev.1,CP.2/W.9/Corr.1,W.9/Add.1 | https://exhibits.stanford.edu/gatt/catalog/cn839yj6187 | cn839yj6187_91870455.xml | GATT_147 | 1,269 | 7,719 | RESTRICTED
GATT/CP.2/W.4
20 August 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
Contracting Parties
Second Session
Item 14 on the Provisional Agenda
SECOND PROTOCOL OF RECTIFICATIONS
Proposals by the United States Delegation
The Delegation of the United States of America submits
the following items for inclusion in a second protocol of
rectifications which it is proposed be concluded at the
Second Session of the Contracting parties:
1. In the English text of Schedule IX (0-o.ba) , Part II,
insert after Item 273-I a new Item 273.j-J as follows:
t1273-J Ketchup and other tomato sauces ..oe 0.096 per kg!'
Explanatory Note
During the negotiation of Part II of Schedule IX ketchup
and other tomato sauces were excluded from Item 273-D, with
a rate of 0.042 per kg., but through misunderstanding they
were not provided for elsewhere in the Part at the then rate
of 0.096 per kg.
2. Change the note following the first Item 54 in the
English text of Part I of Schedule XX in the following manner:
Present form
"NOTE: The United States reserves the right to modify
the rate of duty applicable to any product described in
this Schedule in respect of which an internal tax is
provided for in section 2:-70, Interrnal Revenue Code as
amended, to compensate for any reduction or termination
of such internal tax, but in no case shall the duty, or
duty and internal tax in the aggregate, imposed in
respect of any such article exceed an amount equal to
the duty provided for in this Schedule plus an amount
which is compensatory for any such reduction or
elimination." page 2
After proposed rectification
"NOTE in any case In which an internal -revenue tax i s
provided fo in Secti.on 2470, u.Jternal Revenue Code, as
amended, in respect of any product described in this
schedCu5ileor 0In neszc- ct of arn. afr;ti-cle deri ved from any
product described in this lSchedule, the United States
reserves the right to modification the rate duty applicable
to such p:.oodic "co ooi.pnsat e ., any d uc t i on or
teriMination o'f suhin :terna tax, but 8.n no case shall
the du-.;y and anry internal tax ::.n t6he aggregate, in
respect of any suc;o' exceed. .an a2ouirt'. equal to
any duty providAed for such prod.UCt in this Schedule
plus the internal tax provided for in said &Section 2470
on October 30, -1.91479 Th-.a making *Tle computat-ions
referred to in this Note an internal tax in respect of
any pIoduc.t s:.al a. be , r d.c-rs ood Jo ,nclude the
compensatory equival, of any internal tax on a .
derivative of the products
Ex 1ana. Note
(a) The note to the is first 54 in Schedule XX is
designed to permit United States to change internal
taxes imposed under Section 2470 of the Internal revenue
Code to tariff Of particularly importance i.s t he
coconut ol1 'o-1oc-essing, t-ax? w!itLh -pespet- to h;,hich tn.e
Commonwealth of the Philiipines now enjoys a preferences and
which the United States may wish to change into a duty with
a like pr.,eference for t;hat county I'n connections with such
a change a duty would necessary be Imposed on non-
Philippi.`ne- cop'ra . The above wordi.ng after.e rect-i:Efilcation
is in-tended 'to bring out more clearly I ,hat a compensato-ry
duty could be applied' to non-1hhi lipp.i.n com-,-a equivalent to
the burden oL copra of the duty wh.,ih.ch would be -imposed on
coconut oil, The new -language is designed furthermore,
to make it clear thats the aggregatte of the new duty and tax
may not exceed the total of the existing duty and tax,
(See G1,T T/l -LU
(b) The first item 54 was initially negotiate with
the Government of Ceylon and the United Kingdom, and approval
of this proposed was rectification given by the Government-
of ceylon at the First Session of the Contracting Parties GATT/CP. 2/W.4
page 3
3. Change the principal description of products in Item
708(a) in the English text of Part I of Schedule XX.in the
following manner:
Present form
"708(a) Milk, condensed and evaporated;"
After Droposed rectification
"708(a) Milk, condensed or evaporated:i
Explanatory Note
(a) The language as rectified would correspond with
that in paragraph 708(a) .of the Tariff Act of 1930 and make
'clear that the Item covers both milk which is only condensed.
and milk which is only evaporated.
(b) Item 708(a) was initially negotiated with the
Belgium, Netherlands, and Luxemburg Customs Union.
4. Change the rate in Item 1110 of the English text of
Part I of Schedule.XXi as included in the Protocol of Recti-
fications, signed March 21, 1948, in the following manner:
Present for
!!354 per lb..and 25% ad vale"
After proposed . rectification
"334 per lb, and 25% ad val."
Explanatory Note
(a) This would re-establish the specific part of the rat
as it was in Part I of Schedule XX as originally authenti-
cated, but which was inadvertently modified in clarifying the
ad valorem part of the rate in the Protocol of Rectifications
of March 24, 1948.
(b) Item 1110 was initially negotiated with the
Government of the United Kingdom: GATT/CP.2/W.4
page 4
5. Change the proviso to the third Item 1503 in the
English text of Part I of Schedule.XX in the following
manner:
Present form
"Provided, That for the purpose only of applying the
second proviso to paragraph 1503, Tariff Lct of 1930,
to articles provided for in this item, each rate of
duty applicable 'on January 1 1945 shall be
reduced by 50 per centunm of-such rate."
After proposed rectification
"Provided. That for the purpose only of applying the
second proviso to paragraph 1503, Tariff Act of 1930,
to articles provided for in this item, each rate of
duty 'existing' (within the meaning of Section 350,
Tariff Lct of 1930, as amended by the Act of July 5
1945) on January 1, 1945, shall be reduced by 50
per centum of such rate."
Explanatory Note
(a) Paragraph 1503 of the Tariff Act of 1930 provides,
in effect, that articles covered thereby which would under
certain circumstances have been dutiable at a higher rate
under some other tariff paragraph shall be dutiable at such
higher rate. The third Item 1503 reduces by 50% the rate
of duty applicable to certain articles covered by paragraph
1503, and the proviso to the Item adds that, for the pur-
poses of determining which rate is applicable, the reduced
rate under the item shall be compared with the rates appli-
cable under such other paragraphs on January 1. 1945 reduced
by 50%. The statutory authority of the United States to
reduce duties in trade agreements is limited to reductions
by 50% of rates "existing"' on that date, certain emergency
duty reductions in the trade agreements with Argentina and
Mexico to be disregarded. If the rate under another tariff
paragraph involved in the above comparison pursuant to GATT/P.2/W.4
page 5.
paragraph 1503 had been subject to such an emergency
reduction the rate under the third item 1503 which might be
applicable could under some circumstances be lower than that
which would result from a 50% reduction of the rate
"existing" (as defined in the statutory authority) on January
1, 1945. Consequently it is proposed that the proviso be
amended to indicate clearly that the rate to be reduced by
5o% for purposes of this comparison is the rate "existing"
under the statute.
(b) The third item 1503 was initially negotiated with
the Government of Czechoslovakia, and approval of this
proposed rectification has been received from that Govern-
ment through the Executive Secretary of the Interim
Commission for the International Trade Organization,
8/20/48 |
GATT Library | fk287fz3250 | Second Session - Communication from the government of the union of South Africa to the United Nations | General Agreement on Tariffs and Trade, July 30, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 30/07/1948 | official documents | GATT/CP.2/10 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/fk287fz3250 | fk287fz3250_90320019.xml | GATT_147 | 765 | 4,664 | RESTRICTED
GATT/CP 2/10
30 July 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON T..RIFFS AND TRADE
Second session of the contracting parties
(Item 7 of the Provisional Agenda)
COMMUNICATION FROM TEE GOVERNMENT OF THE UNION OF
SOUTH AFRICA TO THE UNITED NATIONS
The following communication has been received by the
Secretary-General of the United Nations from the represen-
tative of the Union of South Africa to the United Nations:
"1. The Government of the Union of South Africa are
provisionally applying the General Agreement on Tariffs
and Trade as contained in the Final Act signed at Geneva
on 30 October 1947, and as corrected by the protocol
rectifications to the General Agreement on Tariffs a.d
Trade, signed at Havana on 24 March 1948, by all signatories
to the Final Act.
2. The Special Protocol modifying Article XIV of the
General Agreement on Tariffs and Trade was signed on behalf
of the Union Government on 25 May 1948. For reasons set
out in Paragraph 1 the Union Government are of the opinion
that if all the other signatories to the Final Act signed
at Geneva on 30 October 1947, who on or before 30 June 1948,
signed the Protocol of Provisional Application attached to
the Final Act , have also signed this Protocol, the Union
Government will regard the amendment of .rticle XIV as
operative between the states who signed the Protocol of
Provisional Application.
3. In regard to the protocol designed to modify certain
provisions of the General Agreement on Tariffs and Trade,
the Union Government have not signed this protocol and do
not consider it operative for the following reasons:-
The General Agreement in its final application is not yet
in force, In relation to its final application there is
at present no more than a draft agree-ment. By signing
the Final Act, authenticating the General Agreement on
Tariffs and Trade which was signed at Geneva on 30 October
1947, the twenty-three signatories state that they agree
that this Draft Agreement which they had framed together
i.e. the document in specific terms which they authenticated
by their signatures - and no other - was to be deposited with
the Secretary-Gen.ral of the United Nations and was to be
open for acceptance by any Government signatory to the GAT/CP.2/10
page 2
Final 'Act. To the terms of this document as a Draft
Agrrement which is to lie for acceptance, each signatory
has bound itself and to such terms each signatory is
entitled as against all others. It follows therefore in
the opinion of the Union Government that this document
cannot now while it is lying for acceptance, as agreed, be
amended except with the consent of all signatories to the
Final Act.
4. In regard to the General Agreement in its provisional
application the Union Government hold the view that in
terms of Article IV of the Protocol of Provisional
;pplication, which Protocol was also authenticated by the
Final Act, the Signatories to the Final Act are entitled
to sign the Protocol up to 30 June 1948 and thereby become
parties to the General Agreement in its provisional applica-
tion. The right conferred is the right to become a
party to a particular agreement and that agreement is an
agreement in terms agreed and likewise authentic. This
right is conferred for a definite period ending on 30
June 1948. During this period, therefore, the rights of
contracting parties for the time being to amend this
agreement in such a manner as to bind later signatories
must be held to be suspended. They must wait until it
can be established who all the contracting parties are i.e.
for the full period which they have undertaken to allow for
signatures and thereafter only can amendments be made in
accordance with the provisions of the agreement. Any
amendment deemed necessary before the expiry of this period
would require the consent of all the signatories to the
Final Act.
5. The Union Government therefore consider that they
and the other signatories of the Protocol of Provisional
Application are bound by and should apply the provisions
of the General Agreement as contained in the Final Act
signed at Geneva on 30 October 1947, corrected as mentioned
in para, raph 1 above and modified by the Special Protocol
relating to Article XIV when the condition mentioned in
paragraph 2 above has been fulfilled."
The questions raised in the communication of the
Government of the Union of South Africa would appropriately
be considered under Item 7 of the Provisional Agenda in
connection with the Note on-the Status of the Agreement
and Protocols (see GATT/CP.2/4). |
GATT Library | nx258rs6435 | Second Session - Corrigendum to rules of procedure for sessions of the contracting parties | General Agreement on Tariffs and Trade, August 19, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 19/08/1948 | official documents | GATT/CP.2/3/Rev.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/nx258rs6435 | nx258rs6435_90320007.xml | GATT_147 | 60 | 377 | RESTRICTED
LIMITED B
GATT/CP. 2/3/Rev. 2/Corr. 1
19 August, 1948
ENGLISH ONLY
GENERAL AGREEMENT ON TARIFFS AND TRADE
Second Session of the Contracting Parties
CORRIGENDUM TO RULES OF PROCEDURE FOR
SESSIONS OF THE CONTRACTING PARTIES
On page 2 of GATT/CP.2/3/Rev.2, the asterisks beside
Rule 7 and Rule 8 and the footnote at the bottom of the
page, should be deleted. |
GATT Library | xy455xp4570 | Second Session - Note on the status of the Agreement protocols | General Agreement on Tariffs and Trade, July 12, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 12/07/1948 | official documents | GATT/CP.2/4 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/xy455xp4570 | xy455xp4570_90320008.xml | GATT_147 | 1,419 | 8,961 | RESTRICTED GATT/CP.2/4
12 July l948
GENERAL AGREEMENT ON TARIFFS AND TRADE
Second session of the contracting parties
(Item 7 of the Provisional Agenda)
NOTE ON THE STATUS OF THE AGREEMENT PROTOCOLS
Protocol of Provisional Application
Eight of the signatories of the Final Act, adopted at Geneva on
30 October 1947, signed the Protocol of Provisional Application prior to
15 November, and have accordingly applied the Agreement provisionally since
1 January 1948, Fourteen other signatories of the Final Act have since
signed the Protocol and thus, as from 30 July 1948, twenty-two of the
twenty-three signatories will be applying the Agreement.
The Goverment of Chile, which did not sign the Protocol by 30 June,
has asked for en extension of time. The request of the Government of
Chile appears in a separate paper (GATT/CP.2/5) and will be discussed
under a separate item on the Agenda.
The Netherleads aend the United Kingdom have notified their intention
to apply the Agreement provisionally in respect of overseas territories -
the Netherlands in respect of all overseas territories as from 11 March,
and the United Kingdom in respect of Newfoundland from 1 January, Palestine
from 19 April and all other overseas territories, except Jamaica, from
28 July 1948.
Three governments, namely Ceylon, India and Pakistan, signed the
Protocol with reservations which are reproduced in the Annex to this Note.
Paragraph 2 (a) of Article X provides that, on the day on which h the
Havana Charter enters into force, Article I and Part II of the Agreement
shall be suspended and superseded by the correspending provisions of the
Charter, but Contracting Parties were allowed sixty days after the close
of the Havana Conference to -lodge objections to any provision of the
Agreement being so suspended or superseded. No objections were lodged under
this Article and, consequently, Article I and Part II of the Agreement
will be superseded when the Charter enters into force.
/Protocol of Page 2
Protocol of Rectifications
All twenty-three signatories of the Final Act signed this Protocol at
Havana and consequently., since 24 March 1948., the provisions of the Protocol
have constituted an integral part of tae Agreement and the rectifications
included therein are applied as if they had formed a part of the Agreement on
30 October 19.7.
Protocol, Modifying Certain Provisions
Notwithstanding the provisions of Article 9, the modifications
provided for in this Protocol became an integral part of the Agreement on
15 April 1948. Thus Articles XXV, XXXII and XXXIII have been amended as
provided in this Protocol and the new Article XXXXV has been inserted in the
Agreement.
Protocol Modifing Article XIV
Notwithstanding the provisions of Article XX this Protocol entered
into force on the day on which it was signed by all the Goverments which
were at that time Contracting Parties. When the Protocol was signed. by the
United Kingdom on 19 April it had been signed by all other Contracting
Parties and consequently it entered into force on that date.
This Protocol provides that on and after 1 January 1949., Article VT
and the Interpretative Notes to Article XIV in Annex I shall be amended to
read as set forth in the Protocol and that Annex J with its Interpretative
Note shall be added to the Agreement.
Under paragraph I td) of Article :IV any of the twenty-tvo Governments
which is applying the Agreement under the Protocol of Provisional
Application may elect, by written notice to the CONTRACTINGPARTIES before
1 January 1949., to be governed by the provisions of Annex J of the Agreement
in lieu of the provisions of sub-paragraphs (b) and (c) of paragraph 1 of
Article X17.
Moreover, these twenty-two Goverments, in anticipation of their possible
subsequent acceptance of the Havana Charter, may elect, by written notice to
the Interim Commssion before 1 January 1949, to be governed, after the
Charter comes into force, by the provisions of Annex K of the Charter in
lieu of the provisions of sub-paragraphs (b)and (c) of paragraph 1 of
Article 23 of the Charter.
Protocol Amending Article XXIV
This Protocol amends Article XXIV and the Interpretative Notes to
Article XXIV in Annex I, and it becomes effective in accordance with
Article in respect of those Contracting Parties which accept it, upon
acceptance by two-thirds of the contracting Parties. On 7 June there were
eleven Contracting Parties. The Governent of Belgium deposited its
/instrument GATT/CP.2/4
Page 3
instrument of accepted on that date this was the eighth instrument of
acceptance received by the Secretary-General of the United Nations and
consequently the Protocol became effective In respect of those eight
Contracting Parties on 7 June, 'It became effective in respect of France
when the French Goverment's instrument of acceptance was deposited on
14 June. Also the Netherlands Goverment has addressed to the Executive
Secretary a letter which appears to constitute an instrument of
acceptance. The Protocol will become effective in respect of other
Contracting Parties as and when instruments of acceptance are deposited.
Article XVIII
In view of the number of new Contracting Parties, it is thought it
would be useful to draw attention to paragraph 6 of Art.icle XVIII whereunder
any Contracting Party is permitted to maintain any non-discriminatory
measure, in force on 1 September 1947., which was imposed for the establishment,
development or reconstruction of particular industries or particular branches
of agriculture and which is not otherwise permitted by this Agreement,
provided that the other Contracting Parties were notified by 10 October 1947,
of each product on which any such existing measure is to be maintained and
of the nature and purpose of such measure. However, a Contracting Party
maintaining any such measure is required, within sixty days of becoming a
Contracting Party, to notify the CONTRACTING PARTIES of the measure concerned,
the considerations in support of its maintenance and the period for which it
wishes to maintain the measure. The CONTRACTING PARTES are required, as
soon as possible but in any case within twelve months from the day on which
such Contracting Party becomes a Contracting Party, to examine and give a
decision concerning the measure.
Reprint of the Agrement
The Contracting Parties may wish to consider the desirability, for ease
of reference, of arranging for the Agreement to be reprinted in the form
in which it has been amended by its various Protocols.
ANNEX GATT/CP.2/4
page 14
ANNEX
PROTOCOL OF PROVISIONAL APPLICATION
RESERVATIONS TO SIGNATURES
Ceylon
"This signature is subject to the qualification that in
regard to such of the items appearing in the schedule of
tariffs on which Ceylon has recently increased the rate of
import duty. for reasons of revenue purposes and for balance
of payments, Ceylon proposes to enter into fresh bilateral
negotiations with the countries concerned".
Pakistan
"Under Article XXXV of the General Agreement, Pakistan
will not extend most favoured nation treatment in applying
the provisions of this Agreement to South Africa at present".
India
(a) That the Government of India withhold their consent,
under Articlo XXXV, to the agreement being applied as
between India and South Africa if and when South Africa
becomes a contracting party.
"(b) That upon the expiration of thirty days from the date
of sigature, the Government of India would give provisional
effect to the agreed tariff concessions on most, but not
all, of the items in Schedule XII to the agreement, vide
paragraph 3 of Protocol. The excepted items are indicated
below:
(1) Ex 20 (1): certain fruit Juices
(2) Ex 20 (2): certain canned fruits
(3) Ex 20 (2): pineapplies -canned.
(4) 24 (3): tobacco, un-manufactured
(5) Ex 28: certain chemicals, drugs and medicines
(6) 75 (1): motor cars and parts and accessories thereof."
The Government of India has given the following explanation of
reservation (b):
"(i) That the excepted items mentioned above are those in
respect of which the Goverment of India have agreed to
reductions in margins of preference without any commitment
as regards the level of either the most favoured nation or
the preferential rates of import duty;
hereof."
/(ii) That te prior GATT/CP.2/4
Page 5
(ii) That the prior approvall of the Indian Legislature
which is not now session) is necessary for giving
provisional affect to the agreed concession in these
cases"
(iii) That the Goverment of India proposes promoting the
necessary logislation at the ensuing autumn session of the
Legislature;
(iv). That, in respect of "Motor cars and parts and
accessories thereof", the Government of India has already
made a reduction recently in the margin of preference
from 9 per cent to 7.1/2 per cent."
- - |
GATT Library | cm776gy9918 | Second Session of the Contracting Parties. Summary Record of First Meeting : Held at the Palais des Nations, Geneva, Switzerland on 16 August 1948 at 3 p.m | General Agreement on Tariffs and Trade, August 17, 1948 | General Agreement on Tariffs and Trade (Organization) | 17/08/1948 | official documents | GATT/CP.2/SR.1, GATT/CP.2/SR.1-7+SR.2/Corr.1,2,SR.4/Corr.1, and SR.5/Corr.1,2,SR.6/Corr.1,SR.7/Corr.1,2 | https://exhibits.stanford.edu/gatt/catalog/cm776gy9918 | cm776gy9918_90270028.xml | GATT_147 | 2,403 | 15,328 | RESTRICTED
LIMITED B.
GATT/ CP.2/SR.1
17 August 1948
Original ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
Second Session of the Contracting Parties
Summary Record of First Meeting
Held at the Palais des Nations, Geneva, Switzerland
on 16 August 1948 at 3 p.m.
Chairman: Mr. L.D. WILGRESS (Canada)
THE CHAIRMAN'S STATEMENT
In opening the meeting the CHAIRMAN pointed out the
historic significance of the meeting. The increase from
nine governments to twenty-two since the First Session made
the roster of Contrracting Parties nearly complete. While
regretting the absence of Chile among the number, he welcomed
the Chilean representative attending as an observer, and
hoped for the inclusion of Chile among the list in the near
future. A great responsibility rested upon the delegates
to make the deliberations a success so that a long and
vigorous life might be assured to the unique instrument the
General Agreement, the signing of which must be regarded as
one of the most encouraging omens for the future of inter-
national economic co-operation. The increase in number had
also enabled the Contracting Parties to take constructive
action to assure the attainment of the objectives of the
General Agreement such as was not permissible during the
First Session owing to the restricted numbers. The
objective of a higher standard of living for all mankind
could only be realised offectively by international
co-operation and the general pubIic would soon realize that GATT/CP.2/SR. 1
page 2
the Contracting Parties were blazing the trail for those who
would follow along the road if the representatives would
fulfil the task set before them. They had a responsibility
not only to their own governments but to all governments
potential parties to the Agreement. Commenting on the item
on the provisional agenda realting to the accession of other
countries, the Chairman felt it was gratifying that an
indication was thus given to other countries that the
Contracting Parties had not become an exclusive club. Having
reminded the delegates of the undesirable situation of
conducting different meetings at the same time, he entertained
the hope that all representatives would co-operate in enabling
the meeting to get through the work in time by working hard
and expeditiously.
In conclusion, the Chairman welcomed the observers from
other governments and emphasized his hope for the early
participation of their governments in the work of the
Contracting Parties,
ADOPTION OF RULES OF PROCEDURE
The CHAIRMAN invited general comments on the Rules of
Procedure as a whole. No general comments being put forward
the Rules of Procedure were read one by one. Except for the
Rules mentioned below they were adopted without being amended
and without comment.
Mr. AUGENTHALER (Czechoslovakia) suggested that the Rule
should be so amended that a unanimous vote would be required
for an amendment to the agenda.
After some discussion the CHAIRMAN suggested the
following wordinigs: GATT/CP.2/SR. 1
page 3
"The agenda may be amended at any time or priority
given to certain items provided that, without prejudice to
Rule 26, new items shall not be added without the unanimous
consent of the Contracting Parties".
At the suggestion of Sir OLIVER GOONETILLEKE (Ceylon)
the words "present and voting" were added at the end of the
sentence.
Mr. STINEBOWER (United States) agreed to the difficulty
for delegates to deal with new items added to the agenda
without prior notice but thought that an amendment to the
agenda might mean the deletion of an item as well as an
addition thereto. He could not support the unanimity rule.
Mr. MUNIZ (Brazil) supported the United States view
by remarking that the introduction of the unanimity rule would
entail a rigidity harmful to the work of the session.
Mr. SPEEKENBRINK ( Netherlands) thought it undesirable
that one country objecting to a particular item should be
allowed to bar discussion of the problem.
Mr. AUGENTHALER (Czechoslovakia) stressed the necessity
of careful preparation of problems to be discussed at the
meetings. The addition of items relating to major problems
without prior notice would therefore be undesirable.
Mr. CHACKLE (United Kingdom) and Mr. DESAI (India)
favoured the retention of the original draft of the rule.
Mr. MUNIZ (Brazil) thought that urgent matters should
not be barred from discussion. Referring to the example
of the Security Council he thought that a rigid rule would
hamper the proper functions of the sessions.
Rule 3 was adopted in its original form. GATT/CP.2/SR.1
page 4
Rule 4
At the suggestion of Mr. NORVAL (Union of South Africa)
the words "Article XXXII as amended of" were deleted.
Rule 4 was adopted as amended.
Rule 7
Mr. AUGENTHALER proposed that all members of the United
Nations should be entitled to attend meetings and that
representatives present at meetings in the capacity of
observers should not be given the right to participate in
the discussions.
Mr. SPEEKENBRINK pointed out that the Czechoslovakian
proposal would exclude certain Havana signatories from
attending the meetings.
After some discussion both on the substance and on some
drafting changes Mr. SHACKLE suggested that the rule should
be passed provisionally.
Mr. SPEEKENBRINK agreed to the Czechoslovakian view but
was in favour of the original clause regarding, the partici-
pation of observers in the discussions.
In reply to a question asked by Sir OLIVER GOONETILLEKE
regarding the rules of procedure of other inter-governmental
organizations which might be followed, the CHAERMAN pointed
out that the Contracting Parties, not being an organ of the
United Nations, were not bound to follow the example of the
Specialized Agencies. Countries signing the Final Act at
Havana were potential Contracting Parties to the General
Agreement on Tariffs and Trade, and it would be appropriate
to Invite them. GATT/CP.2/SR.1
page 5
Mr. AUGENTHALER replying to the above observations
said that although the Contracting Parties were a group of
sovereign countries they had been, nevertheless organized
under the auspices of the United Nations. All members of
the United Nations were therefore entitled as a matter of
right to send observers. The Final Act set no obligation for
its signatories and it was unusual that countries should be
allowed to participate in the discussions merely because they
had signed it:
Mr. STINEBOWER supported the United Kingdom suggestion
for the adoption of the rule as it stood provisionally and
leave the matter for later discussion after a written
amendment had been submitted by the Czechoslovakian Delegate.
In reply to a question by Mr. STINEBOWER, the CHAIRMAN
expl ained that the word "meetings" did not include tariff
negotiations.
Rule 7 was adopted provisionally.
Rule 8
Drafting changes were made at the suggestion of
Mr. SPEEKENBRINK.
Mr. AUGENTHALER questioned the meaning arid coverage
of the term "inter-govermental organizations" and asked
whether it meant the specialized agencies of the United
Nations.
The CHAIRMAN thought it was advisable to use this
flexible term so that discretion would be left to the
Contrancting Parties who were to decide what organizations
would be invited, referring as a good example to the Inter-
national Customs Tariff Bureau in Brussels. GATT/CP.2/SR.1
page 6
Mr. SHACKLE proposed the addition of the words "and
in accordance with the terms of such invitation" at the end
of the sentence.
Mr. AUGENTHALER objected to the phrase "other governments"
as he thought this would include the France regime of Spain.
As regards other organizations he was in favour of abiding by
the arrangements made by the Economic and Social Council
regarding consultation with non-govarrental organizations.
The CHAIRMAN mentioned Finland as an example in reminding
the meeting that there were other governments which had been
unable to sign the Final Act at Havana and which were not
Members of the United Nations, I had not been the intention
of the Contracting Parties, nor would it be necessary to
contravene the rosolution of the General Assembly.
Mr. MOBARAK (Lebanon) thought that the absence of the
phrase "without vote"' from Rule 7 while it appeared in Rule 8
might be misconstrued and it was agreed that the phrase should
appear in Rule 7 as well as in Rule 8.
Mr. AUGENTHALER proposed that non-governmental
organizations should be admitted and accorded the same rights
as they enjoy in their relation with the Economic and Social
Council.
Dealing with the question of Spai.n th? HA"RMAjN suggested
the addition of the phrase"1iviited to he Uni eod Nt ions
Conference on Traec and Ermploymet" c"t feor the words "other
governmen.ts"
As regards ngn-movernmentalg nizariSnsoi iasw-s
suggested tha, thu rtme rightare.d as folio.se, GATT/CP.2/SR.1
page 7
".....of inter-governmental organizations and non-
governmental organizations given consultative status by the
Economic and Social Council".
Mr. STINEBOWER had misgivings about the indefinite
participation by such organizations in the work of the
Contracting Parties and thought there was no need for such
extensive consultation.
Mr. SHACKLE thought participation by non-governmental
organizations need not be provided for in the rules of
procedure and each application could be considered on its
own merits.
Mr. TONKIN (Australia) and Sir OLIVER GOONETILLEKE
supported the objection of the United States and the United
Kingdom delegates.
Mr. AUGENTHALER proposed that Rule 8 be likewise left
open to be considered later together with Rule 7 and wanted
it recorded that he did not agree to the rule as it stood.
Rule 8 was adopted provisionally.
Rule 9 Mr. OFTEDAL (Norway) proposed the addition of a sentence
at the end of the rule providing that should the terms of
office expire between greetings the officers should hold office
until the next meeting.
The proposal was accepted and the rule was adopted.
Rule 10
Mr. AUGENTHALER proposed to add a sentence to the rule
readings:
"If the Vice-Chairman is not available the Contracting
Parties shall elect a Chairman for that meeting or that part
of the meeting".
The proposal was accepted and Rule 10 was adopted. GATT/CP.2/SR.1
page 8
Rule 14
Mr. SHACKLE proposed that the Executive Secretary of the
Interim Commission for the ITO should perform the usual duties
of a secretariat for the Contracting Parties. This was
supported by Mr. COUILLARD (Canada) and Mr. SPEEKENBRINK.
Mr. LIEU (China) thought the consideration of this rule
should be postponed until the question of expenditure was
considered.
Mr. STINEBOWER suggested that the proposed rule should
be adopted provisionally with the addition of a qualifying
clause such as "pending the final determination of matters
relating to the Secretariat and expenses". Sir OLIVER
GOONETILLEKE supported the United States suggestion but
thought that the rule should be reworded to reflect the true
relationship between the Interim Commission and the Contracting
Parties.
At the suggestion of the Executive Secretary it was
agreed to add the phrase "by agreement with the Commission",
and Rule 14 was adopted provisionally pending further
consideration in connection with expenses.
Rule 16
Mr. MOBARAK pointed out that the word "pertinentes" in
the French text did not convey the same meaning as "relevant"
in the English text. It was agreed that the Secretary should
make necessary changes to improve the French text.
Rule 19 The need for a correction of the French text was noted. GATT/CP.2/SR.1
page 9
New Rule after Rule 25
Mr. AUGENTHALER proposed that a new article to
follow Article 25 be added as follows: "Parts of a proposal
may be voted on separately if a representative requests that
the proposal be divided". The new rule was adopted.
Rule 26
Mr. DESAI proposed the insertion of "present at the
meeting" after "each Contracting Party in Rule 27".
Mr. STINEBOWER suggested that a change should be made in
Rule 26 instead of at the place proposed. This was agreed
upon and Rule 26 was amended to read: "....by a majority
of the representatives present and voting".
Rule 26 was adopted in the amended form. Rule 27
was adopted without change.
Mr. TONKIN thought it might be difficult for the
Secretary to secure the approval of a meeting already held
and proposed that the Chairman instead of the Secretary should
be responsible for the issuing of communiques. After some
discussion the rule was amended to read: "After a private
meeting has been held the Chairman of the body concerned may
issue a communique to the press".
Rule 36 was adopted in amended form.
New Rule after Rule 36
MT. ISMAIE (Pakistan) proposed a new rule to be added
to provide for the revision of the rules by the Contracting
Parties.
The now rule was adopted after discussion. GATT/CP.2/SR.1
page 10
INVITATIONS TO OTHER GOVERMENTS AND ORGANIZATIONS
Referring to Item 9 on the provisional agenda, the
CHAIRMAN asked the meeting to ratify his action in writing
to those governments which had signed the Final Act at Havana
and those which had shown an interest in the General Agreement
to enquire whether they would be interested in entering
tariff negoatiatios and to invite then to send an observer
to the meetings.
The meeting also ratified the invitation to the
International Monetary Fund.
The CHAIRMAN reported that the Organization for
European Economic Co-operation had asked to be represented
by an observer at meetings of the Contracting Parties under
Rule 8 of the Rules of Procedure. Stressing the coincidence
of the objectives of the OEEC and the Contracting Parties,
the Chairman thought that it would be desirable that a
representative of the OEEC should be present at the meetings
and asked for instructions.
Mr. AUGENTHALER expressed the opinion that the OEEC,
being an organization not working for the co-operation of all
countries and having purposes and objectives contrary to those
of the present organization, should under no circumstances
be so invited.
Mr. SHACKLE referring to the noticeable coincidence
between the wording of Article 6 of the Convention of the
OEEC and that of the preamble to the General Agreement, thought
the general character of the OEEC warranted such an invitation.
Mr. LECUYER (France) said it was wrong to think that
it was an organization of a group of countries working against
the interests of some other countries. GATT/CP.2/SR.1
page 11
Sir OLIVER GOONETILLEKE and Mr. SPEEKENBRINK were
both in favour of an invitation for the OEEC to send an
observer, and a proposal was made by Mr. OFTEDAL accordingly.
Mr. AUGENTHALER requested a roll call on the Norwegian
proposal.
The roll call on the Norwegian proposal showed 17 for,
1 against 2 abstentions and 2 representatives not present.
DISTRIBUTION OF DOCUMENTS
Mr. DJEBBARA (Syria) requested that documents should
be circulated as early as possible so that they night be
studied before the meetings.
The CHAIRMAN replied that arrangements had been :made
for the proper distribution of documents. |
GATT Library | rr898tt6331 | Second Session of the Contracting Parties. Summary Record of the Fourth Meeting : Held at the Palais des Nations, Geneva, on August 18th, 1948, at 3.p.m | General Agreement on Tariffs and Trade, August 19, 1948 | General Agreement on Tariffs and Trade (Organization) | 19/08/1948 | official documents | GATT/CP.2/SR.4, GATT/CP.2/SR.1-7+SR.2/Corr.1,2,SR.4/Corr.1, and SR.5/Corr.1,2,SR.6/Corr.1,SR.7/Corr.1,2 | https://exhibits.stanford.edu/gatt/catalog/rr898tt6331 | rr898tt6331_90270033.xml | GATT_147 | 1,080 | 6,941 | RESTRICTED
LIMITED B
GATT/CP.2/SR.4
19 August 1948
GENERAL AGREEMENT ON TARIFFS AND TRADE
SECOND SESSION OF THE CONTRACTING PARTIES
SUMMARY RECORD OF THE FOURTH MEETING
Held at the Palais des Nations, Geneva,
on August 18th, 1948, at 3.p.m.
CHAIRMAN: Hon. L.D. WILGRESS (Canada)
Mr.TUOMININ (Finland) informed the meeting that his country
was prepared to take part in tariff negotiations, but that his
Government would need some time to prepare for these negotiations.
The CHAIRMAN informed Mr, TUOMININ that a working party
was considering a procedure for new accessions and suggested
that the Finish observer might attend this meeting where he
could express his views.
RULES OF PROCEDURE: REVISED CZECHOSLOVAK PROPOSAL (Rules 7 and
8) ( GATT/CP.2/W1.Rev.1).
Dr. AUGENTHALER (Czechoslovakia) said that his proposal
for Rule 7 was so worded as to enable all countries invited to
the United Nations Conference on Trade and Employment whether
members of the UN or not, to take part in the discussions of
the Contracting Parties. Rule 8, as proposed, is intended to
bring the procedure of those meetings in line with that of the
future ITO and of the Economic and Social Council.
After some discussion, Mr. STINEBOWER (United States of America)
suggested that Rules 7 and 8, in their original formulation,
were more appropriate for the proceedings of the Contracting
Parties. than the Czechoslovak proposals. The countries on
behalf of which the Final ACt of Havana was signed clearly showed
their interest in the purposes of the Goneral Agreement. Moreover,
the Contracting Parties, whose meetings were of a private GATT/CP. 2/SR.4
page. 2
characters should not become involved in the complications
raised by the problem of the status of the non-governmental
organizations.
Rules 7 and 8, as originally formulated in GATT/C.P.2/3 Rev.1,
were accepted.
Dr. AUGENTHALER (Czechoslovakia) regretted the decision
taken, which night complicate the task of the future I.T.O.
MODIFICATION OF THE GENERAL AGREEMENT ON TARIFFS TRADE.
Mr. COUILLARD (Canada) stated that the point of view of
his delegation was that the General Agreement be left in its
present form. It would be automatically superseded as soon as
the Havana Charter came into forces as Canada and other Govern-
ments who had signed the Havana Declaration had waived their
right to oppose the automatic supersession of the Agreement and
no other Contracting Party had lodged any opposition to that
procedure.
As urgent points had been dealt with at Havana, there was no
reason why the provisions of the Charter should be immediately
incorporated. There were, on the other hand, real legislative
difficulties to be expected if the Agreement were to be amended
at a time when Parliaments were considering the General Agreement.
Great confusion might arise if the amendments proposed wore not
accepted by all of the Contracting Parties. In order to avoid
confusion, it was formally proposed that no amendments or ad-
ditions be made to Part II of the Agreement at this Session.
Dr. SPEEKENBRINK (Netherlands) supported the Canadian
proposal and recalled that his Delegation had proposed a minor
change at Havana in Article XXIX which had met with general
agreement. He also stressed the difficulties which would be
experienced by the national Parliaments. GATT/CP. 2/SR.4
page 3
Mr. CAMPOS (Brazil) proposed that the articles on subsidies
in the Havana Charter (Articles 26, 27 & 28) be added to the
General Agreement. He pointed out that the Agreement specifically
dealt with all major departures from normal commercial policy, such
as quantitative restrictions, dumping practices, discriminatory
taxation, with the exception of export subsidies. This was unfair
to countries which had no protection against export subsidies.
The question had not been settled in Geneva because there was no
generally agreed text there, but agreement had been briefly reached
at Havana. Article XVI was generally admitted to be incomplete
and vague. He therefore proposed that Articles 26, 27 and 28 be
added to the Agreement.
Mr. U. SAW (Burma) supported Canada on the ground that the
Charter was still under consideration by his Goverment.
Mr. SKAUG (Norway) was in favour of general supersession in
advance of the entry into force of the Charter, as that procedure
would facilitate accessions to the Agreement and enable the
Contracting Parties to submit to their Parliaments a text easy to
understand. It was unquestionable that some provisions adopted
at Havana wore more acceptable than those of the draft Charter.
Mr. LIEU (China) proposed complete supersession of the
agreement by the Havana Charter, the latter being a considerable
improvement on the former. If the Contracting Parties agreed to
this, it would be an inducement to ratify the Charter.
Mr. ADARKAR (India) endorsed the views of Norway and China.
The Canadian Delegate had given along his reasons the fact that it
was not kmown when the Havana Charter would come into force. That
seemed to him a reason for incorporating the provisions of the
Charter into the Agreement. Amendments had already been made
to it for reasons of urgency and he thought the questions of economic GATT/CP. 2/SR.4
page 4
developrment, as agreed to at Havana, wore urgent ones for
undeveloped countries. He would urge for a revision of
Article XVIII. The Canadian Delegate had said that the Agree-
ment was a separate document; but all countries present at this
meeting had already agreed to supersession, which meant that
they accepted the provisions of the Charter. There was no
reason to wait for ratifications. He proposed the replacement
of the whole of Part II because, otherwise, undeveloped countries
which might have accepted the Geneva text would be penalized.
Mr. DJEBBARRA (Syria) agreed with the Delegate of Norway
that Parliaments wanted definite projects and did not like the
prospect of changes being introduced soon after the original
text had been accepted. Under-developed countries were not
allowed at Geneva to sign the General Agreement subject to
reservations; they did not oppose that procedure because of
the provision relating to supersession and of the prospect of
arriving at a better compromise at Havana. He pointed out
the difficulty of certain governments, which had accepted
the Agreement on the expectation of supersession, to submit
to their parliaments a text with which they were not in agreement.
He proposed the immediate supersession of the Agreement by the
corresponding provision of the Charter and the insertion of
Article 15 of the Havana Charter which was closely linked with
Article 1 of the Agreement.
The Chairman announced that the discussion would continue
on the following morning at 10 a.m.
The meeting rose at 6.30 p.m.
'M |
GATT Library | qz609sf5196 | Second Session of the Contracting Parties. Summary Record of the Second Meeting : Held at the Palais des Nations, Geneva on 17 August 1948 at 10:00 a.m | General Agreement on Tariffs and Trade, August 18, 1948 | General Agreement on Tariffs and Trade (Organization) | 18/08/1948 | official documents | GATT/CP.2/SR.2, GATT/CP.2/SR.1-7+SR.2/Corr.1,2,SR.4/Corr.1, and SR.5/Corr.1,2,SR.6/Corr.1,SR.7/Corr.1,2 | https://exhibits.stanford.edu/gatt/catalog/qz609sf5196 | qz609sf5196_90270029.xml | GATT_147 | 1,234 | 7,842 | RESTRICTED
LIMITED B
GATT/CP . 2/SR. 2
18 August 1948
ORIGINAL: ENCLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
SECOND SESSION OF THE CONTRACTING PARTIES
SUMMARY RECORD OF THE SECOND MEETING
Hold at the Palais des Nations, Geneva
on 17 August 1948 at 10:00 a.m.
ELECTION OF CHAIRMAN
Mr. WYNDHAM WHITE (Executive Secretary) took the
Chair for the nomination of the Chairman.
Mr. DESAI (India) proposed Mr. L. D. Wilgress and
Mr. LIEU (China) seconded the proposal. Mr. Wilgress was
unanimously elected for the ensuing year.
Mr. WILGRESS took the Chair and called for nominations
for Vice-Chairman.
Mr. STINEBOWER (United States) proposed
Dr. Speekenbrink (Netherlands) as Vice-Chairman and
Mr. SHACKLE (United Kingdom) seconded the proposal.
Dr. Speekenbrink was unanimously elected.
FINANC IAL ARRANGEMENTS
The CHAIRMAN recalled that Rule 14 of the Rules of
Procedure had been adopted only provisionally pending a
settlement of the question of expenses of the meeting.
He referred to documents GATT/1/59/Add.1 and Add. 2
according to which the costs of the meetings were estimated
as not exceeding $10,000 to be shared equally by the
Contracting Parties. There were however other charges to
be met whereby the figure indicated would be exceeded.
Mr. W DHAM WHITE (Executive Secretary) pointed out
that the conference services would have to be paid to the GATT/CP.2/SR. 2
page 2
United Nations in accordance with their list of charges.
Funds to meet these charges could be advanced by the
Secretary-General of the United Nations, but the latter's
powers to make such advances were dependent upon recommenda-
tions of the Advisory Committee on Finance of the General
Assembly of the United Nations. Such advances could be
made only to certain bodies which were in turn bound to give
assurances relating to repayment. The Interim Commission
for the International Trade Organization, acting as an
agent to the Contracting Parties, had given such assurances.
A discussion followed in which points arose relating to:
the separate financing of meetings of the Contracting
Parties (Dr. SPEEKENBRINK (Netherlands) and Mr. STINEBOWER
(United States)) as opposed to continued reliance upon
ICITO to reimburse the United Nations (Mr. SHACKLE (United
Kingdom) Mr. TONKIM (Australia) and Mr. RODRIGUES (Brazil));
to the desire of certain Contracting Parties for a detailed
statement of charges; to the apportionment of such charges
between the Contracting Parties and the currency in which
the same should be paid.
On the proposal of Mr. STINEBOWER (United States) the
meeting agreed to set up a Working Party. The following
terms of reference proposed by the chairman were approved:
"To propose recom endations-
(a) as to the method of financing Secretariat
services for the Contracting Parties.
(b) as to the apportionment of such expenses between
the Contracting Parties in the event that it is GATT/CP. 2/SR. 2
page 3
recommended that the Contracting Parties's
should individually reimburse the ICITO at
intervals, for example at each session."
The Working Party was composed as follows: the
Chairman, the Vice-Chairman and the representatives of
Australia, Ceylon, Syria, United Kingdom and United States.
Mr. WYNDHAM WHITE (Executive Secretary) pointed out
that whatever agreement was reached by the Contracting
Parties the ICITO would have to be responsible to the
Secretary-General of the United Nations for the advance
received from that Organization. Detailed budgetary
proposals for 1948-1949 had to be presented to the Secretary-
General in order to obtain loans. In reply to a question
concerning his estimates, he stated that the charges were
only for the actual meetings and that no estimate could be
made of the time given to the preparatory work by the
Secretariat.
ADOPTION OF AGENDA
Referring to item 7 of the Provisional Agenda
Mr. WYNDHAM WHITE (Executive Secretary) said that the Note
on the Status of the Agreement and Protocols (GATT/CP. 2/4)
provided suitable opportunities to discuss certain of the
items which would otherwise have had to be listed separately
on the Agenda; in particular, a reservation had been entered
by the Government of Ceylon on the signature of the Protocol
of Provisional Application, and also a request for negotia-
tions of certain tariff concessions had been received from
Pakistan, and, further, the Union of South Africa had
raised a question relating to one of the Protocols of
Havana. GATT/CP .2/SR. 2
page 4
Mr. AUGENTHALER (Czechoslovakia) asked that the items
on the Provisional Agenda be considered one by one.
Items 1 to 9 were accepted. Item 10 was deleted since
it was adequately covered by item 9. Items 11 to 13 were
accepted. Item 14 was accepted and Mr. STINEBOWER (United
States) said that he would supply details as soon as possible.
Mr. AUGENTHALER said his Government's point of view on
the questions raised by item 15, namely the application of
the Agreement to areas under military occupation, was well-
known from discussions at Geneva and Havana, He therefore
requested the deletion of item 15.
Mr. STINEBOWER said the United States attitude was
also well-known. He pointed out that the Final Note to
Annex I of the Agreement reserved this question for study
"at an early date". He thought this should be done at this
meeting.
Mr. LIEU (China) supported the Czechoslovakian proposal,
but SIR OLIVER GOONETILLEKE (Ceylon), Dr. SPEEKENBRINK
(Netherlands), Mr. LECUYER (France), Mr. HASNIE (Pakistan),
Mr. NORVAL (Union of South Africa) and Mr. SHACKLE (United
Kingdom) spoke in favour of retaining the item on the Agenda.
The proposal of Czecheslovakia for the deletion of
item 15 was rejected by 15 votes against, 3 in favour, and
2 abstentions.
The CHAIRMAN then suggested that the wording of the item
be altered to correspond to that of the Note in Annex I.
Item 15 as amended was accepted.
Mr. AUGENTHALER said that the question raised by item 16
dealt with former Japanese Islands administered by the
United States according to the agreement with the Trusteeship GATT/CP. 2/SR. 2
page 5
Council which provides that all countries shall have equal
treatment. In this agreement a special position for the
United States is contemplated for strategic reasons. The
question, however, was a strategic one which would fall
under the competence of the Security Council and was not
an economic question to which the Contracting Parties
should confine themselves.
Mr. SHACKLE (United Kingdom) thought the United States
demanded a discussion within the framework of the General
Agreement. He thought it was within the competence of the
Contracting Parties to examine the United States proposal.
Mr. STINEBOWER stated that the United States were not
seeking any preferential treatment in these territories, but
merely the application of principles now applied to other
areas belonging to the United States for the entry of goods
into the United States.
Mr. AUGENTHALER stated that in view of Mr. Stinebower's
explanation he would withdraw his proposal.
Items 16, 17 and 18 were accepted.
Mr. CAMPOS (Brazil) said that his delegation intended
to propose that Articles 26, 27 and 28 should be inserted
in Part II of the Agreement and he enquired whether this
could be proposed under item 4 of the Agenda or whether
it should be listed as a separate item.
The CHAIRMAN ruled that the Brazilian proposal could
be brought up under item 4, and after some discussion item
4 was amended to provide for additions to the Agreement
as well as replacements.
THE NEXT MEETING
It was agreed to discuss item 9 of the Provisional
Agenda, Future Tariff Negotiations, at the next meeting
that afternoon.
The meeting rose at 1:15 p.m. |
GATT Library | sz540rf8698 | Second Session Opens | United Nations Office at Geneva Information Centre, August 25, 1948 | I.C.I.T.O. : Executive Committee and United Nations Office at Geneva Information Centre | 25/08/1948 | press releases | Press Release No.524 and PRESS RELEASE NO.420-628 | https://exhibits.stanford.edu/gatt/catalog/sz540rf8698 | sz540rf8698_90260249.xml | GATT_147 | 84 | 594 | UNITED NATIONS OFFICE AT GENEVA Press Release No. 524
Information Centre, 25th August 1948.
I.C.I.T.O : EXECUTIVE COMMITTEE
Second Session Opens
The ICITO Executive Committee, opening its
Second Session under its Chairman, Dana Wilgress,
this afternoon, adopted its Agenda and its Rules
of Procedure,
The Chairman s opening remarks are given in
press release No. 519.
In place of Jean Royer, France, who resigned his
Vice-Chairmanship on joining the Secretariat of ICITO,
Andre Philip, France, was unanimously elected a
Vice-Chairman of the Executive Committee. |
GATT Library | xx542hy4449 | Second Session - Proposed rules of procedure for sessions of the contracting parties : (Item 1 of te Provisional Agena) | General Agreement on Tariffs and Trade, July 12, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 12/07/1948 | official documents | GATT/CP.2/3 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/xx542hy4449 | xx542hy4449_90320004.xml | GATT_147 | 1,262 | 7,789 | RESTRICTED
GATT/CP.2/3
.12 July 1948
ORIGINAL: ENGISH
GEneral AGREEMENT ON TARIFFS AND TRADE
Second Session of the Contracting Parties
PROPOSED RULES OF PROCEDURE OFOR SESSIONS OF
THE CONTRACTING PARTIES
(Item 1 of te Provisional Agena)
HAPTER I - AGENDA
Rule 1
The provisional agenda for each session shall be drawn up by the
Secretary in consultation with the Chairman and shall be communicated to
the contracting parties at least three weeks before the date of meeting.
It shall be open to any contracting party to propose items for inclusion
in this provisional agenda up to one month from the date of meeting.
Rule 2
The first item of business at each session shall be the consideration
and approval of an agenda.
/Rule3
The agenda may be amended at any time priority given to certain
items.
CHAPTER II - CREDENTIALS
Rule 4
Each contracting party as defined in Aricle XXXII as amended of the
General Agreement on Tariffs and Trade shall be represented by an
accredited representative.
/Rule 5
Each representative may be accompanied by such alternate
representatives and advisers as he may require.
/:ule 6
The credentials of representatives shall be submitted to the Secretaxy
at least one week before the opening of a meeting. They shall take the
form of a communication from or on behalf of the Miniter of Foreig
Affairs authorizing the representative to peorm on behalf of the
contracting party the functions Indicated in Article XXV of the General
/Agreement on
i GATT/CP.2/3
Page 2
I
A?
Al<
114-?
a*
Ai, -0
r".f -
%I- V-11 . ". >
Agreement on Tariffs and Trade. The Chairman after consulting with the
Secretary shall draw attention to any case where a representative has
omitted to present his credentials in due time and form.
CHAPTER III - OBSERVERS
Rule 7
C The representatives of countries signatories at Havana of the Final
Act adopted at the conclusion of the United. Nations Conference on Trade
and Employment which have not become contracting parties may attend
meetings in the capacity of observers participating in the discussion
)Rule 8
Representatives of other governments, and of inter-govermmental
organizations may participate in the meetings without vote on the invitation
of the contracting parties , . AJ-
CHAPTER IV - OFFICERS
A Chairman and a Vice-Chairman shall be elected from among the
representatives. They shall each hold office for a period of one year.
Rule 10
If the Chairmen is absent from any meeting or part thereof, the
Vice-Chairman shall preside.
Rule 11
If the Chairman ceases to represent a contracting party or is so
incapacitated that he can no longer hold office, the Vice-Chairman shall
become Chairman.
Rule 12
The Vice-Chairman acting as Chairman shall have the same powers and
duties., as the Chairman.
Rule 13
The Chairman or the Vice-Chairman acting au Cheirman shall normally
participate in the proceedings as such and nofl as the representative of a
contracting party. He may., however, at any time request that he be
permitted to act in either capacity.
I Rule l4
[Provision for Secretariat services]
CHAPTER V- CONDUCT OF BUSINESS
Rule 15
A simple majority of the contracting parties shall constitute a
quorum. 16 GATS /CP23
ge
/41iUe 16
In addition to exercising the powers conferred upon him elsewhere by
these rules, lthe Chairmwn shall declare the opening and closing of each
meeting, shall direct the discussion; accord the right to speak, put
questions to the vote, announce decisions, rule on points of order and,
subject to these rules, have complete control of the proceedings. The
Chairman may elso call a speaker to order if his remarks are not relevant.
During the discussion of a;y matter a representative may raise a
point of order. In this case the Chairman shall immediately state his
ruling. If his ruling is challenged, the Cairman shall immediately submit
it,'for decision and it shall stand unless overruled.
R:e 18
During the discussion of any matter a representative may move the
adjournment of the debate, Any such motion shall have priority. In
addition to the proposer of the motion, one representative may be allowed
to speak in favour of, and tmo representatives against, the motion.
ule 19
A representative may at any time move the closure of the debate. In
addition to the mover of the motion, not more than one representative may
be granted permission to speak in favour of the motion and not more than
two-representatives may be granted permission to speak agalxat the motion.,
after which the motion shall be put to the vote immediately.
'Rae 20
During the course of a debate the Chairman may announce the list of
speakers andwith the consent of the meeting, declare the list closed.
He may., however, accord a. right of reply to any representative if a
speech delivered after he has declared the list closed makes this desirable.
,te21
The Chairmanx, ith the consent of the contracting parties, may limit
the time allowed to each speaker.
y?ule 22
Proposals and amendments shall normally be introduced in writing
and circulated to all representatives not later than twelve hours before
the commencement of the meeting at which they are to be diECuSsed,
Isule 23
If two or more proposals are moved relating to the same question, the
meeting shall first vote on the most ±ar-reaching proposal and then on
the next most far-reaching proposal and so on.
L. _ GATT/CP.2/3
Page 4
Rule 24
When an amendment is moved to a proposal, the amendment shall be put
to the vote first, and if it is adopted, the amended proposal shall then
be put to the vote.
When two or more amendments are moved to a proposal, the meeting shall
vote first on the amendments farthest removed in substance from the
original proposal, then, if necessary, on the amendment next farthest
-removed, and so on until all the amendments have been put to the vote.
CHAPTER VI - VOTING
Rule 26
Except as otherwise specified in the General Agreement on Tariff
and Trade, decisions shall be taken by a majority of tIhe votes cast.
Rule 27 V .e
Each contracting party shall be entitled to one vote.
CHAPTER VII - COMMITTEES
Rule 28
Such committees and sub-committees as may-be-necessary may be
established.
Rule 29
A simple majority of the members of a committee shall constitute
a quorum.
Rule 30
The provisions of Rules 15 to 27 shall be applied in the proceedings
of committees.
CHAPTER VIII - LANGUAGES
Rule 31
SubJect to the provisions of Rule 32, English and Prench shall be
the working languages.
Rule 32
A decision, by unanimous agreement, may be taken at any meeting to
adopt a rule of procedure regarding interpretations of a more simple
character than Rule 31.
CHAPTER IX - RECORDS
Rule 33
Summary records of the meetings of the contracting parties shall be
kent by the Secretariat. They shall be sent as soon as possible to all
representatives who shall inform the Secretariat not later tha twenty-four
Hours after GATT/CP.2/3
Page 5
hours after the circurlation of the summary record of any changes they
wish to have made.
Rule 34
Committees may decide to adopt records of a more simple form than
those mentioned in Rule 33,
CHAPTER X - PUBLICITY OF MEETINGS
The meetings of the contraction parties and of committees shall
ordinarily be held in private. It may be decided that a particular meeting
or meetings should be held in public.
Rule 36
After a private meeting has been hold, the Secretary, with the
approval of the body concerned, may issue a communique to the press. |
GATT Library | sh428ht5727 | Second Session - Protocol of provisional application - Requests of the government of Chile | General Agreement on Tariffs and Trade, July 14, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 14/07/1948 | official documents | GATT/CP.2/5 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/sh428ht5727 | sh428ht5727_90320013.xml | GATT_147 | 586 | 3,914 | RESTRICTED GATT/CP.2/5
14 July 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
Second session of the contracting parties
(Item 8 in the Provisional Agenda)
PROTOCOL OF PROVISIONAL APPLICATION - REQUESTS OF THE GOVERNMENT OF CHILE
By cable dated 25 June, the Government of Chile informed the Executive
Secretary of the Interim Commission for the International Trade Organization
that they were unable to siga the Protocol of Provisional Application by the
closing date of 30 June. The following is the text of the cable received:
"REFERENCE YOUR LETTER 4 JUNE. CHILEAN GOVERNMENT GREATLY FEARS
UNABLE SIGN PROTOCOL PROVISIONAL APPLICATION OF GENERAL AGREEMENT
ON TARIFFS AND TRADE BEFORE CLOSING OF JUNE 30. FIRST, CHILEAN LAW
PERMITS GOVERMENT PUT INTO PROVISIONAL EFFECT ONLY THE TARIFF LISTS
ANNEXED TO GENERAL AGREEMENT APPROVED BY CONGRESS, AS STATED BY
DELEGATION AT GENEVA CONFERENCE (RESTRCTED DOCUMENT E/PC/T/W/313).
SECOND, SOME PROVISIONS PARTS 1 and 3 GENERAL AGREEMENT REQUIRE APPROVAL
CONGRESS WHICH CONSIDER IMPOSSIBLE OBTAIN BY CLOSING DATE STATED, SINCE,
APART FROM COMPLEXITYY AND VOLUME OF MATERIAL CONGRESS WILL REQUIRE TO
STUDY OFFCIAL SPANISH TEXT OF LISTS ANNEXED TO GENERAL AGREEMENT AND OF
THE GENERAL PROVISIONS OF THE AGREEMENT AS AMENDED HAVANA. THIRD, THERE
HAS ALSO BEEN DIFFICULTY IN MAKING ESSENTIAL PRELIMINARY STUDIES OWING TO
COMPLEXITY AND LENGTH DOCUMENTS, TO THE ABSENCE OF THE OFFICIAL EXPERTS
WHO AFTER GENEVA NEGOTIATIONS WERE REQUIRED TO ATTEND HAVANA CONFERENCE
AND TO THE IMPOSSIBILITY HITHERTO OF OBTAINING OFFICIAL SPANISH TEXTS
REFERRED TO POINT 2, FOR CONSIDERATION BY OFFICIAL AND PRIVATE TECHNICAL
BODIES WHICH WILL NECESSARIT BE REQUIRED STATE THEIR OPINIONS. FOURTH,
IN VIEW ABOVE CIRCUANTANCES WOULD APPRECIATE IF YOU WOULD CONSUIT AS
SOON AS POSSIBLE SIGNATORIES PROTOCOL PROVISIONAL APPLICATION WITH REGARD
TO POSSIBILITY SIGNING PROTOCOL AT LATER DATE UNDER SAME CONDITIONS AS
BEFORE BOCE MENTIONED DATE. FIFITH , IN FIXING NEW C LOSING DATE REQUEST
YOU POINT OUT TO SINGATORIES THAT THE NECESSARY PRESEMINARIES AND TECHNICAL
AND PARCIAMENARY SPECIES REFERRED TO COULD NOT TAKE LESS THAN SIX
MONTHS. WOULD APPECIATE QUICK REPLY. I HAVE THE HONOUR ETC.
(signed ) GERMAN VERCARAN
MINISTER FOR FOREIGN AFFATRS OF CHILE
/Whilest GATT/CP.2/5
Page 2
Whilst the majority of the replies received from the contracting parties
were sympathetic to the Chilean request almost all expressed the desire that
the question be placed on the Agenda of the Second Session of the contracting
parties.
The Protocol of Provisional Application contains no provision for
amendments or for an extension of the closing date for signatures. There
would, however, appear to be three possible means of meeting the Chilean
request:
I. Provision to sign the Protocol might be granted by a unanimous
decision of the contracting parties;
2. Article XXI, paragraph 1, relating to amendments to the Agreement,
might be applied, by analogy, to the amendment of the Protocol of
Provisional Application. In that case the amedent would become
effective, in respect of those contracting parties which accept it, upon
acceptance by two-thirds of the contracting parties. If the Protocol were
so amended, and Chile subsequently signed the Protocol, the signature would
not autmaticaly bring the Agreement into provisional application as
between Chile and a contracting party which had not accepted the
amendment,
3. The Chilean request might be treated as an application to accede
under Article XXXII or by analogy thereto, Chile being regarded as "not a
party to this Agreement" owing to her failure to qualify as a contracting
party under Article XXXII as amended. As Chile has already negotiated,
she might be permitted to accede within a specified period without further
conditions. |
GATT Library | fq839jh2754 | Second Session - Provisional application of the Generial Agreement on Tariffs and Trade by the Belgian Congo | General Agreement on Tariffs and Trade, August 3, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 03/08/1948 | official documents | GATT/CP.2/11 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/fq839jh2754 | fq839jh2754_90320020.xml | GATT_147 | 183 | 1,171 | RESTRICTED
GATT/CP.2/11
3 August 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
Second Session of the Contracting Parties
Item 7 of the Provisional Agenda
PROVISIONAL APPLICATION OF THE GENERIAL AGREEMENT
ON TARIFFS AND TRADE BY THE BELGIAN CONTGO
The permanent representative of Belgium to the United
Nations has informed the Secretary-General of the United
Nations on July 27, 1948, that the provisions of Parts I,
II and III of the General Agreement are being provisionally
applied in the Belgian Congo as -from January 1, 1948.
ACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCE
Seconde session des Parties Contractantes
Point 7 de lordre du jour provisoire
APPLICATION PROVISOIRE DE L'ACCORD GENERAL SUR LES TARIFS
DOUANIERS ET LE COMMERCE PAR LE CONGO BELGE
Le Représentant Permanent de la Belgique auprès des
Nations Unies a inform le Secrétaire Général des Nations
Unies le 27 juillet 1948 que les dispositions aes première
deuxième et troisième parties de l'Acoord Général sur les
Tarifs douaniers et le Commerce ont été mises onr vigueur
provisoirement en ce qui concerned le Congo Beige à partix
du ler janvier 1948. |
GATT Library | fw956gs7996 | Second Session - Request of Pakistan for Renegotiation of Certain Items in Schedule XV | United Nations General Agreement on Tariffs and Trade, July 2, 1948 | United Nations Interim Commission for the International Trade Organization (ICITO/GATT), General Agreement on Tariffs and Trade (Organization), and Contracting Parties | 02/07/1948 | official documents | GATT/CP.2/1 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/fw956gs7996 | fw956gs7996_90320001.xml | GATT_147 | 362 | 2,463 | UNITED
NATIONS
NATIONS
UNIES RESTRICTED
GATT/CP.2/1
2 July 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
SECOND SESSION OF THE CONTRACTING PARTIES
Request of Pakistan for Renegotiation of Certain
Items in Schedule XV
At the eighth meeting of the first session of the Contracting Parties,
the representative of Pakistan, who was present as a participating observer,
recalled that the tariff negotiatios at Geneva had been conducted by the
Government of India, and he inquired whether the Contracting Parties would
agree to reopen the negotiations on certain items. It was decided that
this question should be included in the agenda for the second session and
that Pakistan should supply more specific information.
In this connexion, the Counsellor of the Embassy of Pakistan in
Washington, D.C., addressed the following communication to the Executive
Secretary on 18 June 1948:
"I am directed by the Government of Pakistan to inform you that at
the first session of the Contracting Parties to the General Agreement
on Tariffs and Trade in Havana, Pakistan's request for permission
to renegtiate certain items of its Schedule XV attached to the
Agreement was put on the agenda of the second session but the parties
vented a specific list of items from Pakistan for consideration there.
Please refer to unrestricted document GATT/1/SR.8 dated March 17, 1948.
The irreducible minion number of items in respect of which Pakistan
would like to withdraw concessione and to renegotiate are mentioned
below with the nae of the country which obtained the concession shown
against each item.
"Item 31 (4) Camphor USA MA"
Item 49 (b) Textile manufscture Ching
Item 49 (2) Ribbons France,/
Item 60 (3) Gass beaft and false pearls Czechoslovakia
Item 73 (4) Wireless receivers etc. USA -
enItem 79 Musical instruots and parts thereof
and records for talkinI machines
rance /
/ft"nse
0? GATT/CP.2/1
Page 2
"Please inform countries concerned so that they may come prepared for
renegotiation at forthcoming second session. As the special nature
of Pakistan's case in this matter was recognized by the Contracting
Parties, we are signing the Protocol of Provisional Application before
June 30th."
The Protocol of Provisional Application was signed on behalf of
Pakistan on 30 June. |
GATT Library | xg580bw7554 | Second Session - Rules of procedure for sessions of the contracting parties | General Agreement on Tariffs and Trade, August 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 01/08/1948 | official documents | GATT/CP.2/3 Rev.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/xg580bw7554 | xg580bw7554_90320006.xml | GATT_147 | 1,402 | 8,594 | RESTRICTED
LIMITED B
GATT/CP.2/3 Rev. 2
August l948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
Second Session of the Contracting Parties
RULES OF PROCEDURE FOR SESSIONS OF
THE CONTRACTING PARTIES
CHAPTER .'I AGENDA
Rule 1
The provisional agenda for each session shall be
drawn up by the Secretary in consultation with the Chairman
and shall be communicated to the contracting parties at
*least three weeks before the date of meeting. It shall be
open to any contracting party to propose items for inclusion
in this provisional agenda up to one month from. the date of
meeting.
Rule 2
The first item of business at each session shall be
the consideration and approval of an agen.da.
Rule3
The agenda may be amended at any time or priority.
given to certain items.
CHAPTER II - CREDENTIALS
Rule 4
Each contracting party as defined in the General
Agreement on Tariffs and Trade shall be represented by an
accredited representative.
Rule 5
Each representative may be accompanied by such
alternate representatives and advisers as he may require.
Rule 6
The credentials of representatives shall b( submitted
to the Secretary at least one week before the opening of a
meeting. -They shall take the form of a communication from
or on behalf of the Minister of Foreig.Affairs authorizing
the representative to perform on behalf of the contracting
party the functions indicated in Article XXV of the General.
Agreement on Tariffs and Trade. The Chairman after
consulting with the Searetary shall draw attention to any
case where a representative has omitted to present his
credentials in due time and form. GATT/CP. 2/3/Rev. 2
Page 2
CHAPTER III - OBSERVERS
Rule7
The representatives of countries signatories of the
Final Act adopted at the conclusion of the United Nations
Conference on Trade and Employment at Havana which have not
become contracting parties may attend meetings in the
capacity of observers participating in the discussions
without vote.
3Rule 8
Representatives of other governments invited to the
United Nations Conference on Trade and Employment and of
inter-governmental organizations' may attend the meetings as
observers on the invitation of the contracting parties and,
on the invitation of the contracting parties, participate
without vote in accordance with the term's of such invitation.
CHAPTER IV OFFICERS
Rule 9
A Chairman and a Vice-ChaIrman shall be elected from
among the representatives. They shall each hold office for
a period of one year. Should this period expire in the
interval between meetings of the contracting parties, the
officers concerned shall hold office until the next meeting.
Rule 10
If the Chairman is absent from any meeting or part
thereof, the Vice-Chairman shall preside. If the Vice-
Chairman is not available, the contracting parties shall
elect a chairman for that meeting or that part of the.
meeting.
Rule 11
If the Chairman ceases to represent a contracting
party or is so incapacitated that he can no longer hold
offices the Vice-Chairman shall become Chairman.
Rule 12
The Vice-Chairman acting as Chairman shall have the
same powers and duties as the Chairman..
Rule 13
The Chairman or the Vice-Chairman acting as Chairman
shall normally participate in the proceedings as such and
not as the representative of a contracting party... He may,
however, at any time request that he be permitted to act
in either capacity.
x Adopted provisionally. GATT/CP. 2/3 Rev.12-
Page .3
Rule 14
Pending the final Determination of matters relating
to the Secretariat and expenses, the Executive Secretary of
the Interim Commission for. the International Trade Organ-
ization shall, by agreements with the Commission, perform
the usual duties of a Secretariat,
CHAPTER V - CONDUCT OF BUSINESS
Rule 15
A simple majority of the contracting parties shall
Constitute a quorum.
Rule 16
In addition to exercising the powers conferred upon
him elsewhere by these rules, the Chairnman. shall declare
the opening and closing of en ch meeting, shall direct the
discussion, accord the right to speak, put questions to
the vote. announce decisions, rule on points of order and,
subject' to these rules, have complete control of the pro-
ceedings. The Chairman may also call a speaker to order
if his remarks are not relevant,
Rule 17
During the discussion of any matter a representative
may raise a point of order. In this case the Chairman
shall immedia.tely st ate his ruling, If his ruling is
challenged, the Chairman shall immediately submit it for
decision and, it shall stand unless overruled0
Rule 18
During the discussion of any matter a representative
may move the adjournment of the debate. Any such motion
shall have- priority. In addition to the proposer of the
motion, one representative may be allowed to speak in
favour of', and two representatives against, the motion.
Rule, .
A representative may at any time meve the closure
of the debate, In addition to the mover of the motion,
not more than-. one representative nay be granted permission
to speak in favour of the motion ard not more than two'
representatives may be granted permission to speak against
the motion, after which the motion shall be, put to the
vote immediately.
Rule. 20
During the course of a debate the Chairman may
announce the list of speakers and, with the consent of the
meeting, declare the list closed. He may, however, accord
Adopted provisionally GATT/CP.2/3 Rev. 2
Page 4
a right of reply to any representative if a speech
delivered after he has declared the list closed makes
this desirable.
Rule 21
The Chairman, with the consent of the contracting
parties, may limit the time allowed to each speaker.
Rule 22
Proposals and amendments shall normally be intro-
duced in writing and circulated to all representatives not
later than twelve hours before the commencement of the
meeting at which they are to be discussed.
Rule 23 ,
If two or more proposals are moved relating to
the same question, the meeting shall first vote on the
most far-reaching proposal and then on the next most
far-reaching proposal and so on.
Rule 24
When an amendment is moved to a proposal, the
amendment shall be put to the vote first, and if it is
adopted, the amended proposal shall then be put to the
vote.
Rule 2
When two or more amendments are moved to a proposal,
the meeting shall vote first on the amendments farthest
removed in substance from the original proposal, then if
necessary, on the amendment next farthest removed- ana so on
until all the amendments have been put to the vote'
Rule 26
Parts of a proposal may be voted on separately if
a representative requests that the proposal be divided.
CHAPTER VI - VOTING.
Except as otherwise specified in tne General
Agreement on Tariffs and Trade, decisions shall be taken
by a majority of the representatives present and voting.
Rule 28
Each contracting party shall be entitled to one
vote.
CHAPTER VII - COMMITTEES
Rule 29
Such committees and sub-committees as may be
necessary may be established. GATT/CP.2/3/Rev, 2
Page 5
A simple majority of the members of a committee shall
constitute a quorum.
Rule 31
The provisions of Rules 15 to 28 shall be applied in
the proceedings of committees.
CHAPTER VIII - LANGUAGES
Rule 32
Subject to the provisions of Rule 33, English and
.French shall be the working languages.
Rule 3
A decision, by unanimous agreement, may be taken at
any meeting to adopt a rule of procedure regarding
interpretations of a more simple character than Rule 32.
CHAPTER IX - RECORDS
Rule _
Summary records of the meetings of the contracting
parties shall be kept by the Secretariat, . They shall be
sent as soon as possible to all representatives who shall
inform the Secretariat not later than twenty-four hours
after the circulation of the summary record of any changes
they wish to have made.
Rul e E
Committees may decide to adopt records of a more
simple form than those mentioned in Rule 34.
CHAPTER X - PUBLICITY OF MEETINGS
le 36
Rule 36-
The meetings of the contracting partids ana of
committees sordinarilyarily be held in private. It may
be decided that a particular meeting or meetings should be
he d in.p,blics
37U 1e'
After a primeetingcetin has been held, the Chairman
of the body concerned may issue a communique to the press.
CHAPTER XI - REVISION
Rule.38
The contracting parties may decide at any time to
.revise these rules or any part of them. |
GATT Library | xc905xd7705 | Second Session - Rules of procedure for sessions of the contracting parties : (As adopted on 16 August 1948) | General Agreement on Tariffs and Trade, August 16, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 16/08/1948 | official documents | GATT/CP.2/3 Rev.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/xc905xd7705 | xc905xd7705_90320005.xml | GATT_147 | 1,419 | 8,608 | RESTRICT ED
GATT/ CP 2/3 Rev. 1
16 August 1948
ORIGINAL: ENGLISH :
GENERAL AGREEMENT ON TARIFFS AND TRADE
Second Session of the Contracting Parties
RULES OF PROCEDURE FOR SESSIONS. OF
THE CONTRACTING PARTIES
(As adopted on 16 August 1948)
CHAPTER I - AGENDA
Rule 1
The provisional agenda for each session shall be
drawn up by the Secretary in consultation with the Chairman
and shall be communicated to the contracting parties at
least t hree weeks before the date of meeting. It shall be
open to any contracting party to propose items for inclusion
in this provisional agenda up to one month from the date of
meeting.
Rule 2
The first item of business at each session shall be
the consideration and approval of an agenda.
Ruled;
The agenda may be amended at any time or priority
given to certain items.
CHAPTER II - CREDENTIALS
Rule 4
Each contracting party as defined in the General
Agreement on Tariffs and Trade shall be represented ly an
accredited representative.
Each representative may be accompanied by such
alternate representatives and advisers as he may require.
Rule 6
The credentials of representatives shall be submitted
to the Secretary at least one week before the opening of a
meeting. They shall take the form of a communication from
or on behalf of the Minister of Foreign Affairs authorizing
the representative to perform on behalf of the contracting
party the functions indicated in Article XXV of the General
Agreement on Tariffs and Trade. The Chairman after
consulting with the Secretary shall draw attention to any
case where a representative has omitted to present his
credentials in due time and form.
I -1 GATT/CP.2/3/Rev.1
Page 2
CHAPTER III - OBSERVERS
x Rule 7
The representatives of countries signatory of the
Final Act adopted at the conclusion of the United Nations
Conference on Trade and Employment at Havana which have not
become contracting parties may attend meetings in the
capacity of observers participating in the discussions
without vote.
x Rule 8
Representatives of other governments invited to the
United Nations Conference on Trade and Employment and of
inter-governmental organizations may attend the meetings as
observers on the invitation of the contracting pa-ties and,
on the invitation of the contracting parties, participate
without vote in accordance with the terms of such invitation,
CHAPTER IV - OFFICERS
Rule
A Chairman and a Vice-Chairman shall be elected from
among the representatives, They shall each hold office for
a period of one year. Should this period expire in the
interval between meetings of the contracting parties the
officers concerned shall hold office until the next meeting.
Rule 10
If the Chairman is absent from any meeting or part
thereof' the Vice-Chairman shall preside. If the Vice-
Chairman is not available, the contracting parties shall
elect a chairman for that meeting or that part of the
meeting.
Rule 11
If the Chairman ceases to represent a contracting
party or is so incapacitated that he can no longer hold
office2 the Vice-Chairman shall become Chairman.
Rule 12
The Vice-Chairman acting as Chairman shall have the
same powers and duties as the Chairman.
Rule13
The Chairman or the Vice-Chairman acting as Chairman
shall normally participate in the proceedings as such and
not as the representative of a contracting party. He may,
however, at any time request that he be permitted to act
in either capacity.
x Adopted provisionally. GATT/CP. 2/3 'Rev. 1
Page 3
X Rule 14
Pending the final determination of mat ters relating
to the Secretariat and expenses, the Executivve Secretary of
the Interim Commission for the International Trade Organ-
ization shall, by agreement with the Commission, perform
the usual duties of a Secretariat,
CHAPTER V - CONDUCT OF BUSINESS
Rule 15
A simple majority of the contracting parties shall
constitute a quorum.
Rule 16
In addition to exercising the powers conferred upon
him elsewhere by these rules, the Chairman shall declare
the opening and closing of each meeting,, shall direct the
discussion, accord the right to speak, put questions to
the vote, announce decisions, rule on points of order and,
subject to these rules, have complete control of the pro-
ceedings, The Chairman may also call a speaker to order
if his remarks are not relevant.
Rule 17
During the discussion of any matter a representative
may raise a point of order. In this case the Chairman
shall immediately state his ruling. If his ruling is
challenged, the Chairman shall immediately submit it for
decision and it shall stand unless overruled,
Rule 18
Dur'..ng the discussion of ary matter a representative
may move the adjournment of' the debate. Any such motion
shall have priority, In addition to the proposer of the
motion, one representative may be allowed to speak in
favour of, and two representatives against, the motion0
Rule 19
A representative may at any time move the closure
of the debate. In addition to the mover of the notion,
not more than one representative may be granted permission
to spea:. in favour of the motion and no; more than two
representatives may be granted permission to speak against
the motion, after which the motion shall be put to the
vote immediately.
Rule 20
During the course of a debate the Chairman may
announce the list of speakers and, with the consent of the
meeting, declare the list closed. He may, however, accord
x Adopted provisionally GATT/CP. 2/3 Rev.1
Page 4
a right of reply to any representative if a speech
delivered after he has declared the list closed makes
this desirable.
Rule 21
The Chairman, with the consent of the contracting
parties, may limit the time allowed to each speaker.
Rule 22
Proposals and amendments shall normally be intro-
duced in writing and circulated to all representatives not
later than twelve hours before the commencement of the
meeting at which they Are to be discussed.
Rule 23
If two or more proposals are moved relating to
the same question, the meeting shall first vote on the
most far-reaching proposal and then on the next most
far-reaching proposal and so on.
Rule 24
When an amendment is moved to a proposal, the
amendment shall be put to the vote firsts and if it is
adopted, the amended proposal shall then be put to the
vote.
Rule 25
When two or more amendments are moved to a proposal,
the meeting shall vote first on the amendments farthest
removed in substance from the original proposal, then if
necessary, on the amendment next farthest removed, anA so on
until all the amendments have been put to the vote,
Rule 26
Parts of a proposal may be voted on separately if
a representative requests that the proposal be divided.
CHAPTER VI - VOTING
Except as otherwise specified in the General
Agreement on Tariffs and Trade, decisions shall be taken
by a majority of the representatives present and voting.
Rule 28
Each contracting party shall be entitled to one
Votes
CHAPTER VII - COMMITTEES
Rule 29
Such committees and sub-committees as may be
necessary may be established, GATT/CP. 2/3. Rev. 1
Page 5
Rule 30
A simple majority of the members of a committee shall
constitute a quorum.
Rule 31
The provisions of Rules 15 to 2S shall be applied in
the proceedings of committees.
CHAPTER VIII - LANGUAGES
Rule 32
Subject to the provisions of Rule 33, English and
French shall be the working languages.
Rule 33
A decision, by unanimous agreement, may be taken at
any meeting to adopt a rule of procedure regarding
interpretations of a more simple character than Rule 32.
CHAPTER IX - RECORDS
Rule, 34
Summary records of the meetings of the contracting
parties shall be kept by the Secretariat. They shall be
sent as soon as possible to all representatives who shall
inform the Secretariat not later than twenty-four hours
after the circulation of the summary record of any changes
they wish to have made.
Rule 35
Committees may decide to adopt records of a more
simple form than those mentioned in Rule 31+.
CHAPTER X - PUBLICITY OF MEETINGS
Rule 36
The meetings of the contracting parties and of
committees shall ordinarily be held in private. It may
be decided that a particular meeting or meetings should be
held in public.
Rule 37
After a private meeting has been held, the Chairnan
of the body concerned may issue a communique to the press.
CHAPTER XI - REVISION
Rule 38
The contracting parties may decide at any time to
revise these rules or any part of them.
0 |
GATT Library | jk075nh3709 | Second Session. Summary Record of Twenty-third Meeting : Held at the Palais des Nations, Geneva, Switzerland, on 10 September, 1948, at 3 p.m | General Agreement on Tariffs and Trade, September 10, 1948 | General Agreement on Tariffs and Trade (Organization) | 10/09/1948 | official documents | GATT/CP.2/SR.23 and GATT/CP.2/SR.19-23,SR.21/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/jk075nh3709 | jk075nh3709_90270070.xml | GATT_147 | 2,762 | 17,234 | RESTRICTED
LIMITED B
GATT/CP.2/SR. 23
10 September 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
Second Session
Summary Record of Twenty-third Meeting
Held at the Palais des Nations, Geneva, Switzerland,
on 10 September, 1948, at 3 p.m.
Chairman: The Hon. L.D. WILGRESS (Canada)
REQUEST BY THE GOVERNMENT OF CUBA FOR CONSIDERATION OF THE
SITUATION FACING CUBA IN REGARD TO CERTAIN TARIFF ITEMS.
Mr. GUTIERREZ (Cuba) read the introductory and conclu-
ding parts of the Request by the Government of Cuba (GATT/CP.2/
W12), and outlined the background, history and negotiations
relating to each of the items in question. The Cuban Govern-
ment wished, firstly, to have the "errors" relating to
trimmings, galloons and ribbons in Schedule IX rectified
i.e., to be authorized to withdraw these items from the
Schedule, secondly to be authorized to increase the tariff
on nylon stockings to 50% advalorem or to withdraw the item
from the Schedule, and thirdly to be authorized to raise the
tariffs on tyres and inner tubes to 40 cents per kilogramme.
The requests were made without prejudice to any consultations
and negotiations with the contracting parties affected as
regards compensation.
Mr. LEDDY (United States) stated in reply that, his
delegation could not agree to either the facts or the argu-
ments put forward by the representative of Cuba. There had
been no reduction in the Cuban tariff on hosiery, whereas
the tariff on nylon yarn had been increased at the request GATT/CP. 2/SR .23
page 2
of Cuba. As for tyres and inner tubes, an additional margin
of protection had been provided for Cuba in the form of
increased duties. The "errors" referred to by the repre-
sentative of Cuba in relation to trimmings, ribbons and
galloons would seem to be errors of judgment rather than
oversight. The question with regard to these items had
been raised by the Cuban delegation together with certain
other items in October 1947. When it was proved that these
other items had been included in the original Cuban offer
list and there was no doubt whatever about the agreement of
the Cuban negotiating team to the binding on the rates of
these items, the Cuban delegation whilst admitting that it
had been wrong about these iterms, had insisted that the
United States negotiating team had agreed to drop items 142 A
and B, i.e. trimmings, ribbons and galloons. Records of the
United States team showed that when the lists of textile
items with their rates was read to the Cuban team on
September 14th, no objection had been raised to these
particular items and it was considered by the United States
team that the rates on these two items suggested by the
Cuban team at 15 cents and 52 cents respectively had been
accepted. The Cuban delegation then notified the United
States delegation that the foot-note to Item 140 and 115
with respect to certain other textiles should be changed in
order to clarify an error. The suggestion would have the
effect of moving these textiles from the area of reductions
in duty to the area of increases in duty. The United States
delegation informed the Cuban delegation that the United
States would be unable to sign the Agreement in respect of
Cuba if the Cuban government insisted on so fundamental a change. GATT/CP.2/SR.23
page 3
The Cuban delegation subsequently suggested that these two
items be dropped on condition that no changes be made in
the foot-note. While unable to agree to this proposal, the
United States delegation agreed instead to accept the full
increase of duties on items 142 A and B to 34 cents and
$1.90 as suggested earlier by the Cuban delegation on the
above-mentioned condition regarding the foot-note. This
.
was suggested in order to maintain these two items in the
Schedule and thus exempt them from the surtax and from the
transitional import quota under Article XVIII. The matter
was then concluded between the two delegations on that basis.
The reception of a concession on those certain textiles
being an integral part of the bargain, the United States
government could not reasonably be expected to discuss the
possibility of re-negotaptiga on items 142 A and B so long
as those concessions had not been made effective.
In the view of the United States delegation the
reference to Articles XVIII, XIX, and XXIII was groundless
because the Cuban government could not approach the
CONTRACTING PARTIES before serious injury had been caused
or threatened to domestic producers of the like products and
there had been no benefit accruing directly or indirectly
to Cuba which had been affected.
Mr. GUTIERREZ replied that the facts given by the
representative of the United States were entirely different
from the records of the Cuban delegation, and the reasons
advanced, for the first time, by the representative of the
United States was scarcely less astoundin., The history of
Cuba justified much higher tariffs than the present rates,
and its tariffs could hardly be called protective. The Cuban GATT/CP. 2/SR .23
page 4
Governmental, faced with threats of unemployment was not
blaming anybody, but was merely asking for rectifying
certain "errors" and correcting certain tariff maladjust-
ments, in each case prepared to offer due compensation to
any contracting party which proved that its interests would
be prejudiced. The Cuban legislature could not be expected
to ratify an agreement if the tariffs listed therein
purported to bind the country for ever, and to be incapable
of adjustment. At any rates, the requests of certain other
Contracting parties had met with sympathetic consideration;
it was merely the wars and methods to effect the modifi-
cations requested that had been the subject of discussion.
Believing in the good faith of the contracting parties and
principles of the Agreement, the Cuban Government felt
sure that a way of meeting the difficult situation of
Cuba would be found by the contracting parties under the
provisions of some of the Articles of the Agreement;
whether Article XIX, Article XVIII or Article XXV met with
the requirement was not the question that mattered; what
mattered was that a sophisticated interpretation of a
complicated text seemed not to be allowed to stand shadowing
the dangers of mass-unemployment. On the ground that the
case of Cuba was at any rate covered by the provision of
(c) in paragraph 1 of Article XXIII, that is to say, certain
benefits accruing to Cuba and the attainrment of certain
main objectives of the Agreement were being impaired as
the result of the existence of a certain situation, the
Cuban Government simply presented its case to the Contracting
Parties and asked them to investigate and to recommend a
solution. GATT/CP.2/SR.23
page 5
Mr. LEDDY thought that for the stability of tariffs
and for fairness to those contracting parties which abided
by their bargains, the issue should not be reopened at
present. The tariffs were never meant to bind for ever,
but they should bind over the initial period, i.e. until
1951. As for distresses that night be caused any contracting
party as a result of unforeseen developments and of the
effect of the obligations incurred by it under the Agreement,
recourse could be sought in Article XIX. This being the
case, the United States Governmnent had felt not guilty in
refusing negotiations with Cuba on the items in question.
The CHAIRMAN said that Cuba, he presumed, was seeking
adequate remedies to meet its internal economic situation
and requesting the Contracting Parties to explore the
situation to see if certain Items in Schedule IX could be
renegotiated on the understanding that compensatory
concessions would be offered by Cuba. The Cuban repre-
sentative did not base his request on Article XXIII or any
specific Article of the .Agreement, but wished that the
situation should be reviewed so that recourse could be
made to any provision of the Agreement which the Contracting
Parties should deem applicable. The matter was now brought
to the plenary meeting because earlier attempts at a
settlement had failed to produce a solution. He would
therefore suggest that an ad hoc working party of moderate
size should be formed for the purpose.
With the approval of the meeting the CHAIRMAN appointed
the representatives of Cuba, India, Netherlands and the
United States to form Working Party 7, under his Chairmanship,
to deal with the question. As it was contemplated that the GATT/CP. 2/SR.23
page 6
United States statement regarding the Cuban Government
Resolution No. 530 might be studied by the same Working
Party, the CHAIRMAN postponed announcing its terms of
reference until this had been reviewed later at the
meeting.
STATEMENT BY THE UNITED STATES DELEGATION REGARDING THE
APPLICATION OF THE AGREEMENT BY THE GOVERNMENT OF CUBA
(GATT/CP.2/W.13)
The CHAIRMAN introduced the statement that had been
submitted by the United States Delegation and indicated
that whether this question would be referred to Working
Party 7 would depend on the outcome of the present
discussion.
Mr. GUTIERREZ. (Cuba) said the complaint made by the
United States Delegation against the Government of Cuba
based on Article XXXIII of the Agreement regarding the
issuance of Resolution 530 was a surprise to the Cuban
Delegation. The Cuban Government had responded sympatheti-
cally to a memorandum presented by the United States Govern-
ment on July 26, 1948, and had intended to examine the
Resolution together with the United States Delegation at
the present session of the Contracting Parties. Willingness
to discuss the matter was also shown by the Cuban Delegation
in Geneva soon after its arrival. At every opportunity the
Cuban Government had tried to get the United States Dele-
gation to discuss the points raised before by the Cuban
Delegation, but the United States Delegation had insisted
that they would not consider a discussion of the Cuban points GATT/CP.2/SR.23
page 7
until the Cuban Delegation could offer an assurance that
Resolution 530 was going to be withdrawn. The Cuban
Delegation had not been given an opportunity to discuss
the resolution in detail in order to clarify those provisions
that had given rise to the fears expressed by the United
States Government. The present complaint by the United
States Delegation differed from its earlier presentation
in that reference was now made to Article XI instead of
paragraph 2 of Article VIII. It must therefore be regarded
as a new complaint which the Cuban Government had had no
reasonable time to consider before it was raised at the
meeting of the Contracting Parties. Since the Cuban
Government had complied with the provisions of paragraph 1
of Article XXXIII in giving sympathetic consideration to
the representation and since the "reasonable time" provided
for in paragraph 2 of Article XXIII could hardly be said
to have elapsed, it was evidently unjustifiable for the
United States Government to present its complaint at present.
Particular attention was drawn to the fact that Resolution 530
had been put into effect only two months ago; that the
United States Delegation was approached soon after the
arrival of the Cuban Delegation in Geneva; only three
weeks had elapsed since that date, and the views of the
United States Government were not presented to the Cuban
Government until barely half a month ago. This being
the cases the Cuban Delegation would ask the Contracting
Parties not to consider the request of the United States
Delegation because the necessary requirements for action
under Article XXIII had not been duly fulfilled by the
United States Delegation. GATT/CP.2/SR.23
page 8
Mr. LEDDY (United States) stated in reply that the
Cuban Government had been approached through the ordinary
diplomatic channels several times and no favorable reply
had ever been received. As regards a detailed study of the
resolution with the Cuban Delegation at Geneva the United
States Delegation was not fully equipped to examine tariff
matters at the present session. Since the regulation of
imports imposed by this resolution constituted a complete
bar to imports of textiles, the provisions of Article XIII
had to be invoked in view of the fact that all the tariff
items that had been agreed upon had become of no avail. So
long as the regulations existed there would be no use in
engaging in any tariff negotiations between the two countries.
In the opinion of the United States Government, the resolution
embodying strict quantitative restrictions must be taken as
a whole for it was not the procedures nor the detailed
requirements given therein that had been objected to by
the United States Government.
Mr. SHACKLE (United Kingdom) proposed that the issue
be referred to Working Party 7.
This having been agreed upon, the CHAIRMAN proposed
the following terns of reference for the Working Party:
"To consider, in the light of the factual evidence
submitted to it, the request of the Government of
Cuba relating to the renegotiation of certain
tariff items listed in Schedule IX of the General
Agreement and the statement of the United States
representatives relating to Resolution 53O of
the Government of Cuba on the importation of GATT/CP.2/SR.3
Page 9
textiles, and to recommend to the CONTRACTING
PARTIES a practical solution consistent with
the principles and provisions of the General
Agreement."
The CHAIRMAN invited both parties to furnish the
Working Party with factual evidence.
Mr. GUTIERREZ made a statement in which he justified
the resolution on the ground that the measures were necessary
no force the trade in textiles between the two countries
into regular channels so as not to impede the interests
of bona fide traders. He denied that any prohibitions or
restrictions had been imposed under the resolution for it
did not purport to limit the amount of merchandise to be
imported into Cuba. The establishment of administrative
channels to supervise imports so that the Gorvernment could
have full assurance of the proper tariff assessment should
not be regarded as incompatible with the provisions of the
General Agreement. The ensuing reduction in imports of
textiles into Cuba since Resolution 530 came into force had
been mainly due to the unwillingness of the free lance
importers without trading licenses or trade domiciles,
engaging in trade under the benefits arising from false
declarations and contraband, to comply with the requirements
stipulated in the resolution. The sabotage of the measures
by "these illegitimate traders had been encouraged by
certain exporters in the United States by means of a news-
paper campaign giving the impression to Cuban importers
that the resolution would be short-lived. This transitory
measure designed for the benefit of honest traders and GATT/CP. 2/SR .23
page 10
manufacturers, both in Cuba and abroad, should not be
prejudged by the Contracting Parties upon any evidence
that might have been presented since it had been in
existence for only two months. The Cuban Delegation would,
therefore, request the Contracting Parties to find that
Resolution 530 was not in conflict or did not nullify the
provisions of the General Agreement; to recommend to the
Government of the United States that it withdraw its com-
plaint; and to advise both parties to resume negotiations
with a view to finding a mutually acceptable understanding.
The Contracting Parties gave consent to circulation
of this statement for the reference of the Working Party
(GATT/CP.2/W.14).
Mr. LEDDY, referring to paragraph 1 of Article XI,
pointed out that the provisions of Resolution 530 were of
such a nature that they could not be fulfilled without
restricting imports into Cuba, and the benefit accruing
to the United States under the Agreement had, therefore,
been nullified and impaired to the extent that trade was
restricted as the result of the failure of Cuba to carry
out its obligations under the Agreement and the application
by the Cuban Government of a measure in conflict with the
provisions of the Agreement. The nullification and impairment,
as were provided in paragraph 1 of Article XXIIII were evident
in view of the fact that whatever the purpose of the reso-
lution or intention lying behind it, the fact remained that
no import licenses had been issued up to the present time
since the promulgation of the Resolution. The representative GATT/CP. 2/SR. 23
page 11
of Cuba had presumably based his argument on Article XX
when he stated that a Contracting Party should not be
prevented from adopting or enforcing measures necessary to
secure compliance with laws or regulations relating to
customs enforcement. In that case, due attention should
be given to the crucial words "which are not inconsistent
with the provisions of this Agreement " in sub-paragraph
(d) of paragraph 1 of that Article, and especially to the
introductory part of that Article referring to "disguised
restriction on international trade."
The meeting rose at 7.30 p.m. |
GATT Library | tc637kq6548 | Secretariat arrangements for 1949 : Note by the Executive Secretary | Interim Commission for the International Trade Organization, December 20, 1948 | Interim Commission for the International Trade Organization (ICITO/GATT) | 20/12/1948 | official documents | ICITO/INF/6, ICITO/INF/1-8, and ICITO/1/1-16 | https://exhibits.stanford.edu/gatt/catalog/tc637kq6548 | tc637kq6548_90180007.xml | GATT_147 | 242 | 1,735 | UNRESTRICTED
INTERIM COMMISSION COMMISSION INTERIMAIRE DE ICITO/INF/6
FOR THE INTERNATIONAL L'ORGANISATION- INTERNATIONALE 20 December 1948
TRADE ORGANIZATION DU COMMERCE Original: ENGLISH
SECRETARIAT ARRANGEMENTS FOR 1949
Note by the Executive Secretary
In view of the considerable period which appears likely
to elapse before the convening of the first ITO Conference,
and of the limited programme of work envisaged by the
Executive Committee at its Second Session, I have decided to
make substantial reductions in the Secretariat of the Interim
Commission for 1949.
I have accordingly released Messrs. Renouf and Gosschalk
to return to their duties with the United Nations, from whom
they have been on loan. Mr.-Lacarte has resigned from the
service of the United Nations to return to the service of
the Uruguayan Government and will not be replaced in the
Secretariat of the Interim Commission. I have also termina-
ted the appointments of three stenographers. Other
reductions in the Secretariat staff will be made as and when
the opportunity occurs.
In the meantime, the Secretariat will consist of:
The Executive Secretary,
Mr. Royer (France) Deputy
Mr. Haight (S.Africa ) Advisor
Mr. Maggio (Italy) Research Assistant
Mr. Shih (China) Research Assistant
Miss Peaslee (USA) Administrative Assistant
and 3/4 stenographers.
Arrangements have been made with the United Nations
whereby Mr. Grant Tolley, of the Department of Economic
Affairs, will act as liaison officer for the Interim
Commission and any communications for the Interim Commission
routed through Lake Success should be addressed to him. |
GATT Library | vc055dy1956 | Secretariat note. Draft protocol on typgraphical errors | General Agreement on Tariffs and Trade, March 1, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 01/03/1948 | official documents | GATT/1/6 and GATT/1/2-8 | https://exhibits.stanford.edu/gatt/catalog/vc055dy1956 | vc055dy1956_90310273.xml | GATT_147 | 1,623 | 9,493 | RESTRICTED
GATT/1/6
1 March 1948
ORIGINAL:ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONATRACTING PARTIES
SECRETARIAT NOTE
DRAFT PROTOCOL ON TYPGRAPHICAL ERRORS
There is circulated herewith a revision proposed by the delegation
of the United States of America of the draft protocol which was attached
to document GATT/1/1 of 18 February 1948. It Will be noted that the
United- States delegation suggests that the protocol be limited to changes
of the authentic texts only.
There is also attached a list of corrections to Schedule XX proposed
by the same delegation.
/DPAFT
55O5 GATT/1/6
Page 2
DRAFT PROTOCOL TO THE GENERAL AGREEMENT
ON TARIFFS AND TRADE
THW GOVERNMENTS OF the Commonwealth of Australia, the Kingdom of
Belgium, the United States of Brazil, Burma, Canada, Ceylon, the
Republic of Chile, the Republic of Chine the Republic of Cuba, the
Czechoslovak Republic, the French Republic, India, Lebanon, the
Grand-Duchy of Luxembourg, the Kingdom of the Netherlands, New Zealand.,
the Kingdom of Norway, Pakistan, Southern hodesia, Syria, the Union of
South Africa, the United Kingdom of Great Britain end 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 adopted at the conclusion of
the Second Session of the Preparatory Committee of, the United Nations
Conference on Trade and Emplcyment authenticating the text of the
General Agreement on Tariffs -and Trade;
HAVIG noted that certain rectifications should be made in the
authentic texts of the-Schedules annexed to the said agreement,
HEREBY AGREE AS Follows:
SCHEDULE XX - UNITED STATES OF AMERICA
Part I - Most-Favoured-Nation Tariff
Item 50 /second7
The number.of the item following the first item 50 shall be "50".
Item 211
The first diameter specified in the description of products
in item 211 shall be "6-5/8 Inches".
It n 212 /first7
In the principal description of the first item 212 the words
"clock cases Withoor without" shall. read "clock cases with or without".
Item 212 /seond7
In the description for saucers in the second item 212 the words
between the value of "$3" and the first semi-colon thereafter shall
be "per dozen".
Item 213
In item 213 the rate for the sub-description "Crystaline flake"
.shall be "15% ad val., but not less than 0.4125 per lb. nor More
then 0.825 per lb.". /Item 218 (c) GATT/l/6
Page 3
Item 218 (c)
The number of the item following the third. item 218 (b) shall
be "218 (c)".
Item 218 (f)
In item 218 (f) the rate for the sub-description "Other' shall
be 50 on each article or utensil, but not less than 30% nor more than
50% ad. val.".
Item 224
In the description of products in. item 224 the word following
the word. "beveled." shall be "etcbhed".
Item. 226
In the principal description in item 226 the word between the
words "polished" and. "or" shall be "plano".
Item 317
The rate in item 317 shall be "1/4 per lb.".
Item 355
In item 355 the rate for the immediate sub-description .'If four
Inches in length or over, exclusive- of handle (except hay forks and.
4-tined manure forks" the first time that sub-description is used.
shall be "4 each and 25% ad val."..
Item. 358 /first7
The rate. In the first item. 358 shall be "12: 1/2 ad. val.,but:
not less than 2 1/2, each and 7 1/2 ad. val".
item 365 /sixth/
The rate in the sixth item 365 shall be "$3 each. and 15% ad val.".
Item 365 /seventh7
The number of the item following the sixth item 365 shall be "365".
Item 372 /twelfth7
In the description of products in the twelfth item 372 the first
world shall be "Braiding".
Item 372 /twentieth7
In the sub-description for the rate of "15% ad val." in the
twentieth item 372, the five words and Intervening punctuation
preceding the third semi-colon shall be "tension, compression, torsion,
or shear".
Item 502 /second7
The rate in the second item 502 shall be "0.03g per lb. of total
sugars" .
/Item 719 GATT/l/6
Page 4
Item 719 (1) (2) (3), (4), and (5)
The second rate starting with "l/2 per lb." in item. 719 (1),.
(2), (3), (4), and. (5) shall be in full "1/2 per lb. -net wt."'.
Item 720 (a) (1), (2), (3), (4), (5), and (6)
The immediate sub-description for the rate of "I-l/4 per lb."
in item 720 (a) (1), (2), (3), (4), (5), and (6) shall be "Eviscerated.,
split, skinned, boned (if smoked), or divided into portions".
Item 745
The rate for the sub-description "Prepared or preserved, and
not specially provided for" in item 745 shall be "20% ad val.".
Item 764
The rates for the descriptions "Carrot", "Parsnip", "Tree and
shrub", and "Flower" in item 764 shall each be "3 per lb.".
tem 771 [second]
The weight of the bushel referred to in the second proviso to
the second item 771 shall be "60 pounds".
Item 775 [second]
The number of the.item following the first item 775 shall be `"775".
Item 806 (b)
The immediate sub-description for the rate of- "20 per gal. on
the quantity of unconcentrated natural fruit juice contained therein
as shown by chemical analysis" in item 806 (b) shall be "Lime Juice.
Item 902 [second]
- The number of the item following the first item 902 -sha-ll be "'902".
Item 905
The second paragraph referred to in the description of products
In item 905 shall be "'904".
Item 909 [third]
In.the third item. 909 the rate for the sub-description "Terry-woven"
shall be "'22-1/2i per lb., but not less tham 20% nor more than
35% ad val.
Item 913 (a)
The rate in item 913 (a) for the sub-description "Wholly or In
chief value of cotton or other vegetable fiber and india rubber,
and valued at 40 cents or more per pound" shall be 20% ad val."
Item 919 [second]
The rate in the second item 919 shall be "15 per doz. pieces
and 5% ad val.".
/tem 1011 GATT/1/6
Page 5
Item 1011
In. the description of products in. item. 1011 the word folIowing
the second comma shall be "wholly".
Item 1102 (b) [first]
In the note following the first item 1102 (b) the last item.
referred to shall be "1119".
Item. 1107.
In item 1107 the rate for the sub-description "wholly or in chief
value of Angora rabbit hair" shall be "40 per 1b. and 15% ad. val.".
Item 1109 (a)
The number of the item immediately following item 1108 shall be
"1109 (a)".
Item 1110 . .
The rate in item 1110 shall be "33 per lb. and 25% ad val.".
Item 1114 (a)
The rate for the first sub-description in item 1114 (a)
be "25, per lb. and. 20% ad val.".
Item 1115 (b)
The number of the item immediately following item 1115 (a)
shall be "115 (b)"
Item 1305 ,
The rate in item 1305 shall be "25% ad. val., but not less than.
27-1/2' per lb.".
Item 1409 [second]
The minimum thickness specified in the second. item 1409 shall
be "0.008 inch".
Item 1413 [seventh]
The rate in the seventh item 1413 shall be. "27-1/2% ad val.".
Item 1502 [first]
In the sub-description for the rate of "10% ad val." in the first
item 1502 the two words and punctuation before the words "Hockey sticks"
shall be "rubber, field".
Item 1503 [third]
In the proviso to the third. item 1503 the words, figures and
punctuation following the date of "January 1, 1945," shall be "shaI be
reduced. by 50 per centum of such rate, except that, in the case of aticles
provided for in any item 1513 In Schedule III the trade- agreement
/between . between the United States and Morido of December 23, 1942, the rate
applicable on January 29, 1943 shall be so reduced by 50 per centum'".
Item 1527 (c) (1) and (2) -
In item 1527 (c) (1) and (2) a final parenthesis shall be
inserted at the end of; the sub-description for the rate of 65% ad val.".
Item 1528 [second] -
The sub-description for the rate of "10% ad val." in the second
item 1528 shall be ."Diamonds".
Item 1528 [third]
The rate in the third item 1528 shall be "10% ad val.".
Item 1529 (a) [first]
The sub-descriptions indented under the sub-description "Medo
full guage on a machine of 12 point or finer:", and the rates for
said sub-descriptions, .shal be as follows: - -
"Wholly or in chief value of cotton and made
independent beams................................... 40% ad val.
"Wholly or In chief value of silk..................40.% ed val.
"Other ..........................45% ad Val.
Item 1530 (b) (1), -(2) (3), (4), (5), (6), and (7)
The number of the item following item 1530 (a) shall be "1530 (b)
(1), (2), (3), (4), (5), (6), and (7)".
Item 1537 (b) [first]
In the prncipal description in the first item 1537 (b) the -words
between the word "them" and the Word "material" shal. be Is the
Compoments". _: -_
Item 1545
The immediate sub-description of the rate ot "4 ad va1." in
item 1545 shall be "'Eardhead or reef'. - :
Item 157 (b)
(a) The number of the item following item 1547 (a) (1) and (3)'
shall be "1547 (b)"..
(b) The rate in item 1547 (b) shall be "10% -ad val
Item 1604
The number of the item following Item 1602 shall be "1604".
Item 1609
The word "unprepared" in item 1609 shall be followed by a
semicolon.
/Item 1786 GATT/1/6
Page 7
Item 1786
The words preceding the first coma in the description of
products in item 1786 shall be "Tin in bars".
Item1803 (2)
The number of the item following item. 1803 (1) shall be "1805 (2)". |
GATT Library | js448qg9101 | Secretariat note. First session of the contracting parties of the General Agreement on Tariffs and Trade | General Agreement on Tariffs and Trade, 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/js448qg9101 | js448qg9101_90310267.xml | GATT_147 | 3,958 | 24,509 | 18 February 1948
GATT/1/1
GENERAL AGREEMENT ON TARIFFS AND TRADE
SECRETARIAT NOTE
FIRST SESSION OF THE CONTRACTING PARTIES OF THE
GENERAL AGREEMENT ON TARIFFS AND TRADE
In accordace with paragraph 2 of Article XV of the General Agreement
on Tariffs and Trade, the Secretary-General, of the United Nations is requested
to convene the First Meetingg of the Contracting Parties, which shall take
place not later than 1 March 1948.
The Secretary-General of the United Nations communicated by cable on
30 January with the Governments concerned and confirmatory letters were
dispatched on 2 Februaxy. There is attached herewith the text of the
invitations to the First Session, together with the Provisional Agenda which
was enclosed. Contracting Parties are invited to advise the Secretariat of
any items which they would wish to add to the present provisional agenda.
Should any such items be received before the start of the First Meeting, a
revised provisional agenda will be issued.
The following remarks regarding the attached provisional agenda may prove
to be of use to delegations:
Item I
There is enclosed, a set of provisional Rules of Procedure for consideration
by delegations. These Rules are intended fundamentally to be of use at the
First Session, and it my be that. they will require substatial amendment
before the Second Session of the Contracting Parties. At this stage, and in
view of the special. nature of the First Session of the Contracting Parties,
L 'would appear adv4sable to adopt a. fairly saie set of Rules. of Procedure,
leaving their elaboration for later on.
Item 14.
Delegations may find it useful to refer to the documentation of the
United Nations Conference on Trade and Employment which concerns the Working
Party for the Interim Commission of the ITO, as it regards the Secretariat for
the General Ageement on Tariffs and Trade.
Item 5.
A draft Protocol, for preliminary consideration, is enclosed. All
signatories of the Final Act at Geneva were circularized by the Secretariat
at Havana on 28 November 1947, and were asked whether their Schedules had
4991 /been found been found in order or whether any corrections were considered necessary in
order to bring them into conformity with the agreements reached in the
negotiations at Geneva. Certain delegations have not yet replied and if they
have any amandment or addition to make to the attached draft Protocol, it
would be appreciated if they could communicate with the Secretariat at their
earliest convenience. It should be noted that representatives should be In
possession of credentials that will enable them to sign this Protocol.
item 6
In accordance with the notifications lodged at Geneva, it would appear
as if Australia and Cuba are the only Contracting Parties which are required
to submit particulars in this connection. It understood that Australia
does not intend to maintain the measure concerning which she supplied
particulars at Geneva and, consequently, it is expected that only Cuba will
submit the information provided for under paragraph 6 of Article XVIII of
the General Agreement on Tariffs end Trade.
Item 8
Delegations will no doubt wish to keep in mind certain discussions which
have taken place on this issue in the course of the United Nations Conference
on Trade and Employment.
Item 9
Participating countries may wish to consider, at least in a preliminary
manner, the possibility of a new round of tariff negotiations this year.
As regards the precise date on which the First Session of the Contracting
Parties will start, it will be noted that the Secretary-General's invitation
refers to 28 February or the end of the United Nations Cenference on Trade and
Employment, whichever is the earlier. An endeavour will be made to start the
meeting of the Contracting Parties as soon as possible and, if feasible before
28 February. However, the representatives of some of the Contracting Parties
are busily engaged in the work of the Conference, and it may prove to be
difficult to hold simultaneous meetings of the Contracting Parties and the
Conference. In any case, a further notification in this connection will be
sent to the interested parties here in Havana at an early date. -3-
Annexure l
To the Governments of: Australia, Belgium, Canada, Cuba, France,
Luxembourg, Netherlands, United Kingdom, United States.
Sir:
With reference to Paragraph a of Article XXV of the General Agreement
on Tariffs and Trade , [which is being provisionally applied by your Government
in accordance with the terms of the Protocol of Provisional Application which
was drawn up in Geneva on October 30, 1947] I have the honor to inform you
that the first meeting of the contracting parties (as defined in Article XXXII
of the Agreement) will take place at the Capitol Building, Havana, Cuba, on
the final day of the current United Nationas Conference an Trade and
Employment, or on February 28, whichever is the earlier.
I have selected Havana as the most suitable place for the first meeting
of the contracting parties because the above-metioned Conference is taking
place there, and I feel it is likely you will wish your Delegates to the
Conference to represent you at the meeting of the Contracting Parties to
the General Agreement on Tariffs and Trade. I enclose a copy of the
provisional agenda for this meeting.
I have the honor to be, Sir,
Your obedient Servant,
Note: The words between square brackets In the first paragraph
were not included in the letter to Governments which are
not yet contracting parties. Intead, a new paragraph
was inserted between paragraphs 1 and 2, reading as
follows:
"Although your Governent is not yet applying the
General Ageement on Tariffs and Trade, it is
desirable that you should appoint a representative
to act as an Observer and to participate in the
consideration of certain item appearing on the
Provisional Agenda".
These countries are: Brazil, Burma, Ceylon, Chile, China,
Czechoslovakia, India, Lebanon, New Zealand, Norway,
Pakistan, Southern Rhodesia, Syria, and Unoanof South Africa.
/AMNNEXURE -4- ANNEXURE 2
FIRST MEETING OF THE CONTRACTING PARTIES OF THE
GENERAL AGREEMENT ON TARIFFS AND TRADE
PROVISIONAL AGENDA
1. Adoption of Provisional Rules of Procedure
2. Election of Chairman
3. Adoption of Provisional Agenda
4. Arrangements regarding the Secretariat of the Contracting Parties
5. Sigature of Protocol Incorporating typographical correcetions
to the text of the Schedules of the General Agreement on Tariffs
and Trade ar signed at Geneva
6. Notification of measures by contracting parties under
Paragraph 6 of Article XVIII
7. Any questions that my be raised concerning commitments made
under the Agreement and regarding its operation
8. Relation of the General Areement to the Charter for an
International Trade Orgaization (Article XXIX)
9. Accession to the General Agreement on Tariffs and Trade of
governments not parties to the Agreement (Article XXXIII)
10. Determination of the date of the second of the
contracting parties
11. Other business -5- ANNEXURE 3
FIRST SESSION OF THE
CONTRACTING PARTIES TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE
Draft Rules of Procedure
CHAPTER I - AGENDA
Rule 1
The provisions agenda for each session shall be drawn up by the Secretary
in cosultation with the and shall be communicated to the contracting
parties at least three weeks before the date of meeting. It shall be open to
any contracting party to propose items for inclusion in this provisionsl agenda
up to one month, from the date of meting.
Rule 2
The first item of business at each session shall be the consideration
and approval of agenda.
Rule 3
The agenda may be amended at any time or priority given to certain items.
CHAPTER II - CREDENTIALS
Rule 4
Each contracting party as defined in Article XXXII of the General
Agreement on Tariffs and Trade shall be represented by an accredited
representative.
Each representative may be accompanied by such alternative representatives
and advisers as he my require
Rule 6
The credentials of representatives shall be submitted to the Secretary
at least one week before the opening of a meeting. They shall take the form
of a communication from or on behalf of the Minister of Foreign Affairs
authoring the representative to perform on behalf of the contracting party
the function indicated in Article XXV of the General Agreement on Tariffs and
Trade The Chairman after consulting with the Secretary shall draw attention
to any case where a representative has omitted to present his credentials in
due time and form.
Rule 7
CHAPTER III OBSERVER
The representatives of countries segnatories at Geneva of the Final Act
/of the of the General Agreement on Tariffs and Trade which have not become contracting
parties may attend meetings in the capacity of participating observers on the
invitation of the contracting parties.
Rule 8
Representatives of specialized agencies may participate in the meetings
withoutt vote on the invitation of the contracting parties.
CHAPTER IV - OFFICERS
Rule 9
A Chairman and a Vice-Chairman shall be elected from among the
representatives. They shall each hold office for a period of one year.
Rule 10
If the Chairman is absent from any meeting or part thereof, the Vice-
Chairman shall preside.
Rule 11
If the Chairman ceases to represent a contracting party or is so-
incapacitated that he can no Ionger hold office, the Vice-Chairman shall
become Chairman.
Rule 12
The Vice-Chairman acting as Chairman shall have the same powers and
duties as the Chairman.
Rule 13
The Chairman or the Vice-Chairman acting as Chairman shall
participate in the proceedings as such and not as the representative of a
contracting party. He may, however, at any time request that he be permitted
to act in either capacity.
CHAPTER V - SECRETARIAT
Rule 14
The Secretary shall act in that capacity at all meetings. He may appoint
another member of the staff to take his place at any meeting.
Rule 15
The Secretary shall provide and direct such staff as is required, shall
be responsible for making all the necessary arrangements for meetings and
generally shall perform all other tasks which may be assigned to him.
Rule 16
The Secretary or his deputy may at any time upon the invitation of the
chairman of the body concerned make either oral or written statements concerning
any question under consideration.
/CHAPTER VI -7-
CHAPTER VI - CONDUCT OF BUSINESS
Rule 17
A simple majority of the contracting parties shall constitute a quorum.
Rule 18
In addition to exercising the powers conferred. upon him elsewhere by
these rules, the Chairman shall declare the opening and closing of each meeting,
shall direct the discussion, accord the right to speak, put questions to the
vote, announce decisions, rule on points of order and, subject to these rules,
have complete control of the proceedings. The Chairman may also call a
speaker to order if his remarks are not relevant.
Rule 19
During the discussion of any matter a representative may raise a point
of order. In this case the Chairman shall immediately state his ruling. If
his ruling is challenged, the Chairman shall immediately submit it for
decision and it shall stand unless overruled.
Rule 20
During the discussion of any matter a. representative may move the
adjourment of the debate. Any such motion shall have priority. In addition
to the proposer of the motion, one representative may be allowed to speak in
favour of, and two representatives. against,. the motion.
Rule 21
A representative may at any time move the closure of the debate. ln
addition to the mover of the motion, not more than one representatives may be
granted permissin to speak in favour of the motion and not more than two
representatives may be granted permission to speak against the motion, after
which the motion shall be put to the vote immediately.
Rule 22
During the course of a debate the Chairman may announce the list of
speakers and, with the consent of the meeting, declare the list closed. He
may however, accord a right of reply to any representative if a speech
delivered after he has declared the list closed makes this desirable.
Rule 23
The contracting parties may limit the, time; allowed to each speaker.
Rule 24
Proposals and amendments shall normally be introduced in writing and
circulated to all representatives not later than twelve hours before the
commencement of the meeting at which they are to be discussed.
/Rule 25 -8- Rule 25
If two or more proposals are moved relating to the same questions, the
meeting shall first vote on the most far reaching proposal and then on the
next most far-reaching proposal and so on.
Rule 26
When an amendment is moved to a proposal, the amendment shall be put to
the vote first, and if it is adopted, the amended proposal shall then be put
to the vote.
Rule 27
When two or more amendments are moved to a proposal, the meeting shall
vote first on the amen amendments farthest removed in substance from the original
proposal, then, if necessary, on the amendment next next farthest removed, and so
on until all the amendments have been put to the vote.
CHAPTER VIII - VOTING
Rule 28
Except as otherwise specified in the General Agreement on Tariffs and
Trade, decisions shall be taken by a majority of the votes cast.
Rule 29
Each contracting party shall be entitledd to one vote.
CHAPTER VIII - COMMITTEES
Such committees and sub-committees as may be necesary may be established.
Rule 31
A simple majority of the members of a committee shall constitute a quorom.
Rule 32
The provisions of Rules 17 to 29 shall be applied in the proceedings of
committees.
Subject to the provisions of Rule 34, English and french shall be the
working languages.
Rule 34
A decision, by unanimous agreement, may be taken at any meeting to adopt
a rule of procedure regarding interpretations of a more simple character than
Rule 33. CHAPTER X - RECORDS
Rule 35
Summary records of the meetings of the contracting parties shall be kept
/by the -9-
by the Secretariat. They shall be sent as soon as possible to all
representatives who shall inform the Secretariat not later than twenty-four
hours after the circulation of the summary record of and changes they wish
to have made.
Rule 36
Committees may decide to adopt records of a more simple form than those
mentioned in Rule 35.
CHAPTER XI - PUBLICITY OF MEETINGS
Rule 37
The meetings of the contracing parties and of committees shall
ordinarily be held in private. It may be decided that a particular meeting
or meetings should be held in public.
Rule 38
After a private meeting has been held, the Secretary, with the approval
of the body concerned, may issue a communiqué to the press. -10- 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 STATES OF FRAZIL, BURMA,
CANADA, CEYLON, the REPUBLIC OF CHILE,
the REPUBLIC OF CHINA, the REPUBLIC OF
CUBA, the CZECHOSLOVAK REPUBLIC, the
FRENCH REPUBLIC, INDIA, LEBANON, the
GRAND-DUCHY OF LUXEMBURG, the KINGDOM
OF THE NETHERLANDS, NEW ZEALAND, the
KINGDOM OF NORWAY, PAKISTAN, SOUTHREN
RHODESIA, SYRIA, the UNION OF SOUTH
AFRICA, the UNITED KINGDOM OF GERAT
BRITAIN AND NORTHEN 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.
HAVING 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 representative duly authorized to
PROJECT DE PROTOCOLE
RELATIF A L' ACCORD GENRAL SUR LES
TARIFFS DOUAIERS ET LE COMMERCE
Les Gouvernements du COMMONWEALTH
D'AUSTRALIE, dui ROYAUME DE BELGIQUE,
des ETATS-UNIS DU BRESIL, de la
BIRMANIE, du CANADA, de CEYLON, de la
REPUBLIQUE DU CHILI, de la REPUBLIQUE
DE CHINME, de la REPUBLIQUE DE CUBA,
des ETATS UNIS D'AMERIQUE, de la
REPUBLIQUE FRANCIASE, de l'INDE, du
LIBAN, du GRAND-DUCHE DE LUXEMBOURG-
du ROYAUME DE NORVEGE, de la NOUVELLE-
ZELANDE, du PAKISTAN, du ROYAUME DES
PAYS- BAS, de la RHODESIE DU SUD, du,
ROYAUME-UNI DE GRANDE-BRETAGNE ET
D'IRLANDE DU NORD, de la SYRIE, de la
REPUBLIQUE TOHECOSLOVAQUE et de
L'UNION SUD-AFRICANIE,
AYANT signe le trente octobre mil
neuf cent quarante sept, a Geneve,
l'Acte final de l'Accord general sur
les tarifs douaniers et le commerce,
AYANT constate que certaines
corrections doivent etre apportees a
l'annexe B ainsi qu'aux listes annexee:
audit Accord,
SONT PAR LES PRESENTES, par I'en-
tremise de leurs representants dument -11- that effect, as follow:
1. To amend the note to Annex B on page
68 of the English text in the
following manner:
now reads: should, read:
For imports into For imports into
Metropolitan Metropolitan
ance France and, territories
of the French Union.
autorises a cet effet, convenus de
ce qui suit:
1. Modifier la note jointe a l'annexe
B, page 77 du text français, de la
maniere suivante:
au lieu de lire
Pour l'importation Pour importation
dana la Metropole. dans la Metropole
et dans les terri-
toires de l'Union
française.
2. To amend the Schedules in the 2. Modifier lea listes de maniers
following manner: suivante :
(a) The following correction should a) Dans La liste du Canada (11ate V7)7
be made in the Schedule of Canada. apporter -a. correction suivante qui no
(Schedule Y), in the English text only: concerne que le texte anglais'
Page 19 Tariff Item Number ex. 156 (v4
nov reads should read
$4.30 50
(b) In the Schedule of Ceylon b) Dana l ia lste de Ceylan listede VI),
(Schedula VI), on page 1. of the English . la page 1 dlu texts anglais et A la
text and. on the page facing page 1 of page prc6dant la page 1 du text
of the French text, the introductory - - imai, aup'imer 1' introduction.
paragraph should be deleted.
(c) The foLlowing corrections should be c) Apporter AL la lists de la TchSco-
made to the Schedule of Czechoslovakia slovaquie (liste X), lea corrections
(Schedule i) In the French text on3y: suivantes qui no concernent que le
text franQais: -12- Page 11 - Position du Tarif ex. l :
au lieu de
....competente du pays
importateur (9).......
lire
....competente du pays
exportateur (9).......
Page 11 - Position du Tarif ex. 2 :
au lieu de
....competente dn pays
importateur (9).......
lire
....competente du pays
exportateur (9).......
Page 27 - Position du Tarif ex. 312 :
au lieu de lire
....caoutchoue d'une ....caoutchoue 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 b)
lire
ex 637
b)2
Page 53 - Position du Tarif ex. 652 :
au lieu de
ex 652
a)
b)
lire
ex 652
a)
ex b) (d) Ia the schedule of India (Schedule
XII), the following correction should
be made in the English text only:
now reads
....gallon of the
Srength.Oo....
(e) I-nthe schedule of the Unio o
ouSth Africa (Schedule, X7IVII the
following corrections shouldbe adma
in the English text.
Page 12 - Tariff Item Number 108 (e):
n.now rea should read
.e..and barrels .... and barre
therefore, single therefor, sng3
eperb....arrel
d) Dans la lists de l'Inde (3a HliI),
apporter la correction suivante qui ne
concerns qu Is textes anglai
Item uer Ex. 2Nnm2 (5) (b)
should read.
goes ..nof the
trength Of..o
e) Dans lzliste-dea Itnion Sud.-
Africaine (liste i=), pporXteIIIr ls
corrections suivantes au texts fr.qa
Page 12 Tariff Item Nmber 108 {o)
nw reads o should read
,..iIg .... nclu i n .±clng
barrels therefor barrels therefe,r,
double and other double and&ther
....each per barrel
Page 13 Positionlu Tarif 108 (e):
au lieu de lire
.... y compris ....y comprise
1.s canons,* a leurs, lecanons, 'a
un coup...pik tn oup ..pr
canon
Page 13 Position du Tarif 108 (!
au lieu de
....y compis
leurs cnons, a
deux coups et
autres... i~
lire
.0.* Y e
leurs canons,
deux coups et
utros..e ar
(f) The following corrections should be
mad in.the Schedule of the United Kingdom
(Schedule =H). th glish text:
can
f) Apporter lea corrections suivantes
au text franqais de is listed du
Royaume-UT lists=I I) -14- Page 41 - Tariff Item Number 6 (a):
now reads
....on the area of
the tissue or 17
l/25, of the value of
the tissue
whichever is the
greater.
Page 41 - Tariff Item Number 6 (b):
now reads
....on the area of
the tissue or 171/2%
of the value of the
tissue whichever is
the greater.
Page 41 - Tariff Item Number 6
(Other Tissues)
now reads
....plus 171/2% of
the Value of the
tissue.
should read
....on the area
of the tissue or
of 22 1/2% of the
value of the
tissue whichever
is the greater.
should read
....on the area
of the tissue or
221/2% of the
value of the
tissue whichever is
the greater.
should read
....plus13 221/2% of
the value of the
tissue.
au lieu de
....de la surface
du tissu, ou 17
1/2% de la valeur
du tissu.
Page 45 - Position du Tarif 6 b)
au lieu de
....de la surface
du tissu ou 17 1/2%
de la valour du
tisau.
Page 46 - Position du Tarif 6
(Autres tissue)
au lieu de
....plus 17 1/2%
de la valeur du
tissu.
lire
.... de la surface
du tissu, ou 22
1/2% de la valour
du tissu.
du Tarif 6 b )
lire
....de la surface
du tissu ou 22 1/25
de la valour du
tissu.
du Tarif 6
lire
....plus 22 1/2 %
de la valeur du
tissu.
Item Number 3 G.A.V.
now read
Free
3.
reads should read
10%
To authorize the United Natins
to effect registration of this
Protocol which shall enter into
force immediately.
DONE at Havana, in a single copy.,
in the English and French languages,
both texts authentic, this .... day of
Page 61 - Position du Tarif 3 D.G.A.V.
(de clous de girofles)
au lieu de lire
Franchise 10%
5. Autoriser l'Organisation des Nations
Unions a effectuer l'enregistrament du
present Protocole, qui entrera en
vigueur immediatement.
FAIT a La Havane, en un seul exemplaire,
en langues française et anglaise, les
Page 45 - Position du Tarif 6 a) :
Page 53 - Tariff Item Number 3 G.A.V. -15- February One Thousand Nine Hundred and
Fort y Eight.
For the Commonwealth of Australia:
For the Kingdom of Belgium
For the United States of Brazil:
For Burma:
For Canada:
For Ceylon:
For the Republic of Chile:
For the Republic of China:
For the Republic of Cuba:
For the Czechoslovak Republic:
For the French. Republic:
For India:
For Lebanon:
For the Grand-Duchy of Luxemburg:
For the Kingdom of the Netherlands:
For New Zealand:
For the Kingdom 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 Uhited States of Amrica:
deux textes faisant egalement foi, le
..... fevrier mil neuf cent quarante
huit.
Pour le Commonwealth d'Australie :
Pour le Royaums de Belgique :
Pour les Etats-Unis du Bresil :
Pour la Birmanie :
Pour le Canada :
Pour Ceyln :
Pour la Rdpublique du Chili :
Pour la Republique de Chine :
Pour la République de Cuba :
Pour la Republique tchecoslovaque :
Pour la Republique française :
Pour " l'Inde :
Pour le Liban :
Pour le Grand-Duche de Luxembourg :
Pour le Royaume des Pays-Bas:
Pour la Nouvelle-Zelande :
Pour le Royaume de Norvege :
Pour le Pakistan:
Pour la, Rhodesie du Sud :
Pour la Syrie :
Pour' l'Union Sud-Africaine :
Pour le Royaume-Uni de Grande-Bretagna
et d'Irlande du Nord :
Pour les Etats-Unis d'Amerique : |
GATT Library | br671dv2071 | Section C - Subsidies : Note by the United States Delegation with respect to modification of its amendment to Section C - Subsidies of Chapter IV as contained in document E/CONF.2/C.3/1/Add.41 and in the Revised Annotated Agenda, E/CONF.2/C.3/8 | United Nations Conference on Trade and Employment, January 14, 1948 | Third Committee: Commercial Policy and Sub-Committee H (Section C) | 14/01/1948 | official documents | E/CONF.2/C.3/H/W.3 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/br671dv2071 | br671dv2071_90190619.xml | GATT_147 | 497 | 3,287 | United Nations Nations Unies RESTRICTED
E/CONF.2/C .3/H./W.3
CONFERENCE CONFERENCE 14 January 1948
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
THIRD COMMITTEE: COMMERCIAL POLICY
SUB-COMMITTE "R"
SECTION C - SUBSIDIES
NOTE BY THE UNITED STATES DELEGATION WITH RESPECT TO MODIFICATION OF ITS
AMENDMENT TO SECTION C - SUBSIDIES OF CHAPTER IV AS CONTAINED IN DOCUMENT
E/CONF.2/C .3/1/Add.41 AND IN THE RFVISED ANNOTATED AGENDA, E/CONF.2/C.3/8
1. Article 26 - Additional Provisions on Export Subsidies
Paragraph1
Add, following the words "except with respect to primary produced"
the following:
"on which a Member has in effect a price support or stabilization
programme..........."
2. Article 27 /287 - Undertaking ragarding: Stimulation of Exports
Begining with "Provided that" delete the present words of the amendment
and substitute as in the following:
[Notwithstanding the provisions of paragraphs 1, 2 and 3 of
Article 26 and of paragraph 3 of Article 27, no Member shall grant any
subsidy on the exportation of any product which has the effect of]
Any Member granting any form of subsidy which operates, directly or
indirectly to maintain or increase the exportation of any primary
product from its territory, shall not apply the subsidy in such a
way as to have the effect of maintaining or acquiring for the Member
a share of world trade in that product in excess of the share which it
had during a previous representative period, account being taken insofar
as practicable of any special factors which may have affected or may be
affecting the trade in that product. The selection of a representative
period for any product and the appraisal of any special factors affecting
the trade in the product shall be made initially by the Member granting
the subsidy; Provided that such Member shall notify the Orgsnization
and Members likely to be affected and, upon request, shall consult with
respect to the representative period chosen by that Member. If, within
a reasonable period of time, no agreement is reached in such consultation,
/the question E/CONF.2/C .3/H/W.3
Page 2
the question of the representative period and the appraisal of any
special factors shell be submitted to the Organization, and the
Organization shall make a finding as to any adjustment required in
the representative period. This finding shell be binding upon the
Member imposing the subsidy.
3. Article 27 [28]- paragraph2
Delete this paragraph.
Comment
1. The effect of the addition to paragraph 1 of Article 26 is to narrow
the exception to those primary products on which there are in effect price
support or stabilization schemes. As previously drafted, all primary products
were. excepted.
2. The important change is the provision that the finding of the Organizatio
shall be binding on the Member imposing the subsidy. This provides a
safeguard against the use of subsidies to gain for a Member a share of the
world market beyond that obtained in a representative period.
3. With the additional provision in paragraph 1 of Article 27, this
paragraph is no longer necessary. |
GATT Library | gp542xk4513 | Section C - Subsidies notes of the Eighth Meeting : Held at Havana on Thursday, 12 February 1948 at 10.30 a.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.9 and E/CONF.2/C.3/F/W.31/REV.2-32/G/W.1-13/H/W.1-9 | https://exhibits.stanford.edu/gatt/catalog/gp542xk4513 | gp542xk4513_90190625.xml | GATT_147 | 528 | 3,503 | United Nations Nations Unies RESTRICTED
E/CONF 2/C. 3 /H/W.9
CONFERENCE CONFERENCE 12 February 1948
ON DU ORIGINAL: ENGLISH
TRDE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
THIRD COMMITTEE: COMMERCIAL POLICY
SUB-COMMITTEE `H'
SECTION C - SUBSIDIES
NOTES OF THE EIGHTH MEETING
Held at Havana on Thursday, 12 February 1948 at 10.30 a.m.
Chairman: Mr. G. WARWICK SMITH (Australia)
1. The text of Section C - Subsidies -, as contained in document
E/CONF.2/C.3/H/9, was adopted for submission to Committee II after
the following changes had been agreed:
Article 26
Paragraph 2
Replacement of the word "generally" in line 8 by the words "in general
of those products".
Paragraph 3
Replacement of the words "It shall then be determined' in line 9 by the
words "The Organization shall then determine."
Paragraph 4
Replacement of the words "adversely affected" by seriously prejudiced".
Article 27
Replacement of the words "if it is determined" in line 7 by the words
"if the Organization determines".
Article 28
Paragraph 4
(i) In sub-paragraph (b), replacement of the word "country's"
by "Member's".
(ii) Sub-paragraph (e) to read as follows:
'the desirability of facilitating the gradual expansion of
production for export in those areas able to satisfy world
market requirements of the commodity concerned in the most
effective and economic manner, and therefore of limiting
any subsidies or other measures which make that expansion
difficult."
/Article 29 E/CONF.2/C .3/H/W.9
Page 2
Article 29
Deletion of this Article.
2. In the course of discussion on the Draft Report:
(a) The representative of the United Kingdom explained the doubts
which his delegation felt regarding, firstly , the inclusion in
Article 28 of general production subsidies affecting exports, and
secondly, the removal of the principle of prior approval from
Article 27. However, his delegation had decided not to press these
points, having regard in particular to the following safeguards which
had been introduced:
(i) the clear indication in Article 28 that there would be
no "freezing' of a situation in regard to production for
export, and the valuable criteria laid down for findings
in regard , an "equitable share" of world trade;
(ii) the general obligation, in paragraph 2 of Article 27, to
co-operate in efforts to secure inter-governmental commodity
agreements - a point to which his delegation had always
attached the greatest possible importance;
(iii) the provisions of paragraph 4 of Article 27 restricting the
granting of new or additional subsidies during a commodity
conference.
He asked for the deletion of the relevant note in the Draft
Report. The representative of the United States welcomed this
statement.
(b) The representative of Brazil stated that his delegation reserved
its position provisionally on Section C pending instructions from its
government.
(c) the representatives of Peru wished it to be recorded that his
delegation reserved its position on the whole of Section C, and on
paragraph 5 of Article 27 in particular.
(d) It was emphasized that the note on paragraph 4 (d) of Article 28
expressed the view of one delegation.
Subject to a number of changes, the Draft Report was adopted for
submission to Committee III.
3. The meeting closed with expressions of thanks to the two Chairmen,
Secretariat and Interpreters. |
GATT Library | jr088ff5929 | Section C - Subsidies notes of the Fifth Meeting : Held at Havana on Friday, 16 January 1948 at 6.00 p.m | United Nations Conference on Trade and Employment, January 16, 1948 | Third Committee: Commercial Policy and Sub-Committee H (Section C) | 16/01/1948 | official documents | E/CONF.2/C.3/H/W.6 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/jr088ff5929 | jr088ff5929_90190622.xml | GATT_147 | 1,128 | 7,344 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C .3/H/W.6
ON DU 16 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
THIRD COMMITTEE: COMMERCIAL POLICY
SUB-COMMITTEE `H` OF THE THIRD COMMITTEE
SECTION C - SURSIDIES
NOTES OF THE FIFTH MEETING
Held at Havana on Friday, 16 January 1948 at 6.00 p.m.
Chairman: Mr. E. McCARTHY (Australia)
1. Continuation of Discussion of United States of America Proposals to
Amend Articles 26 to 29
In support of these proposals it was argued that export subsidies on
primary commodities were in the interest of consumer countries, while the
problems of producer countries could be handled under Chapter VI. However,
concern was expressed that the proposals unduly widened the exceptions
already alloyed in the Geneva Draft and might serve to aggravate and prolong
periods of depressed prices to the detriment not only of producers of primary
commodities, but also of producers of secondary products based on primary
products.
In reply to points raised, the representative of the United States
stated that the favourable treatment accorded primary commodities was,
Justified because of their special difficulties. This was recognized in
other parts of the Charter, notably Chapter VI. Most countries gave special
assistance to agricultural producers, but various methods were used. In
the United States a "price support" scheme based on "parity prices" was
used, requiring the use of export subsidies when the world price fell below
the support price. The United States could not therefore accept a ban on
export subsidies which would force them out of world markets during periods
of depressed prices. As regards underdeveloped countries he thought that
their position was adequately covered by the reference to "special factors"
in Article 28 and by the provisions of Aarticle 60 (c) relating to
development of production by the most effective sources of supply. He did
not think that the use of subsidies weakened the incentive to obtain
multilateral solution to commodity problems. In summing up, he stated that
/he was willing E/CONF .2/C .3/H/W.6
Page 2
he vas willing to reconsider Article 28 in the light of the suggestion that
it should be extended to cover subsidies operating to reduce inports. He
also agreed that a raconciliation of Articles 25 and 28 should be sought
in regard to "serious prejudice" and "a previous representative period" as
the basis for consultations, and also that the proposed deletion of
Article 29 might be reconsidered in view of the "findings" required under
Article 28.
In the continuing discussion, certain points were raised for
clarification: why had there been such a radical change in the United States
position since the London text on which they had had no reservation; why had
they ignored the opening to export subsidies in paragraph 3 of Article 27
which other delegations had expressed willingness to review; why did they
wish entirely to eliminate the period of grace in paragraph 3 of Article 26
and thus deprive non-primary commodities of this concession? It was further
argued that subsidies were a more objectionable instrument than tariffs since
any country could use tariffs but some could not use subsidies because of the
cost; tariffs were open to negotiation under the Charter, but subsidies
apparently were not. The United States cf America amendment would allow export
subsidies to be used without any attempt at Chapter VI procedure; it appeared
to overlook the fact that, under the Geneva text, it was permissible (under
Article 26, paragrah 3) to maintain export subsidies while Chapter VI
procedure was being attempted, and to continue them pending a determination
by the Organization should that procedure fail. The assumption of the
London and Geneva texts and of the original United States of America proposals
was that export subsidies should be prohibited. The present
United. States of America amendment would destroy that assumption and radical'
alter the Charter. Emphasis was again, put on the harm done By subsidies
to underdeveloped countries, which could not afford counter-measures and which
therefore saw markets closed to them; by the subsidies of vealthier countries.
In support of the United States of America amendment it was argued that its
treatment of subsidies was no more favourable than that accorded by the Charter
to preferences. an equally danger one instrument.
2. Establishment of Working Party
The Sub-Committee agreed to set up a Working Party to examine proposed
amendments to Articles 26 to 29. This would consist of the representatives
of Brazil, Canada, Peru, United Kingdom, United States of America and
Venezuela, together with the Chairman of the Sub-Committee.
/3. Proposed New Article E/CONF.2/C .3/H/ W.6
Page 3
3. Proposed New Article
The representative of Brazil explained the proposal of his delegation to
add a new Article 27 A providing that:
"1. No Member shall grant, directly or indirectly, any subsidy
on the domestic production of any commodity, in respect of which
the tariff has been reduced or bound by negotiation pursuant to
Article 17."
He argued that benefits granted in tariff negotiations might be impaired
by domestic subsidies preventing the stimulation of imports which would
otherwise take place. In this respect his delegation's amendment was a
necessary complement to Articles 17 and 18. He agreed that recourse cold
always be had to Articles 89 and 90, but thought it desirable nevertheless
to provide explicitly against possible violations of the spirit of Article 17.
During the discussion it was claimed that in certain cases of tariff
reduction it might be desirable for other reasons to grant subsidies, It
was also contended that the basic idea of the Brazilian proposal was
covered under Article 25.
The Sub-Committee decided that it would be more appropriate if the
proposal were considered in the first place by the Sub-Committee dealing with
Articles 17 and 18. It was agreed that after such consideration, the
Chairman of Sub-Committee 'H' should consult with the Chairman of the
Third Committee to see if any further action should be taken by
Sub-Committee `H'
The representative of Brazil then introduced the second part of the
proposed new Article reading as follows:
"2. No Member shall grant, directly or indirectly, any subsidy
on the domestic production of any commodity a major party of which
is destined for exporting."
He state that if direct export subsidies were condemned, all techniques
of subsidization should receive the same treatment. As a basis it was
Suggested that a production subsidy could be considered to have the same
effect as an export subsidy, if the major part of the production were
exported, It was agreed that the Working Party should give preliminary
consideration to this proposal, which would be further discussed by the
Sub-Committee.
4. Attention was drawn to the fact that in line 21 of page 2 of the Notes
of the Fourth Meeting, the word "multilateral" should read'. "multiple". |
GATT Library | xc377ph8910 | Section C - Subsidies notes of the Second Meeting : Held at Havana on Friday, 9 January 1948 at 3.00 p.m | United Nations Conference on Trade and Employment, January 10, 1948 | Third Committee: Commercial Policy and Sub-Committee H (Section C) | 10/01/1948 | official documents | E/CONF.2/C.3/H/W.2 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/xc377ph8910 | xc377ph8910_90190618.xml | GATT_147 | 1,038 | 6,538 | United Nations Nations Unies RESTRICTED
E/CONF.2/C.3/H/W.2
CONFERENCE CONFERENCE 10 January 1948
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
THIRD COMMITTEE: COMMERCIAL POLICY
SUB-COMMITTEE `H' OF THE THIRD COMMITTEE
SECTION C - SUBSIDIES
NOTES. OF THE SECOND MEETING
Held at Havana on Friday, 9 January 1948 at 3.00 p.m.
(Reference: E/CONF.2/C.3/8)
Article 25 - Subsidies in General
1. The Sub-Committee continued consideration of the United States proposal
to amerd the last sentence of Articl 25 by introducing the phrase "a Member
considers" in place of determinations by the Organization, (item 18, page 7).
The United States amendment was accepted, the sentence in question to start
as follow's:
"In any case in which a Member considers that serious prejudice to its
interest is caused ..........
2. The CHAIRMAN referred to the discussions at the previous meeting of the
Cuban proposal (item 2) to insert the words "direct or indirect" after the
word "subsidy" in line' 2. It had then been agreed that an appropriate note
on the matter raised by the Cuban delegation should be included in the
Sub-Committee's report.
The original technique used by Cuba was that of imposing internal
taxes on all manufactured goods in a particular class and remitting that
tax on those goods manufactured locally, but retaining it on those which
had been imported. This technique had been changed so that an internal
tax, not a customs tax, was imposed on the imported manufactured goods
only and no tax placed upon like goods manufactured locally. It was this
latter system which they wished to have covered, as they believed it
constituted an indirect subsidy to home-produced goods.
The Cuban. representative stated that this system of subsidization was
essential to his country in its present stage of economic development. He
referred to paragraph 5 of Article 18 which he regarded as an escape clause
from Article 18 for those subsidies provided for under Article 25. It was
therefore desirable to know whether or not Cuba" tax exemption scheme did,
in fact, came under Article 25. For these reasons he wished to have
/Article 25 E/CONF.2/C .3 /H/W.2
Page 2
Article 25 clarified by either:
(a) the insertion of the words "direct or indirect" after the word
"subsidy" in the second line; or
(b) the addition of "or exemption from internal taxes" after the
words "including any form of income or price support".
The Sub-Committee felt that the terms of Article 25 were sufficiently
wide to cover a case such as that describe by the Cuban delegation; the
inclusion of the suggested words would make no change in the sense, and
could not be recommended. The question of the position of such cases under
Article 18 was referred to during the discussion but the view of the
Sub-Committee was that it was not competent to form a judgment on this
question.
It was agreed that the Secretariat should prepare a note on the subject
to include the sense of the meeting on this particular matter and this shou.
be submitted. to the Cuban delegation for approval.
During the discussion it was claimed that if this Sub-Committee should
decide that certain procedures came under Article 25 it would, in effect,
in view of paragraph 5 of Article 18, be making a decision as to whether
such procedures would be included in the. exceptions to Article 18 . The
delegate for PERU referred, for example, to the exemption from income tax
which his country provided as a form of help to domestic industries and
asked whether this could be considered as a subsidy under Article 25.
Opinion was expressed that
(i) if a procedure were judged to be discriminatory under the provisions
of Article 18, it would be subject to the provisions of Article 18
regarding negotiation for reduction or elimination, irrespective
of whether it was a subsidy under the terms of Article 25;
(ii) if a procedure were judged to fall only under Article 25, then
it would be subject to discussion under the terms of Article 25
but not to negotiation under Article 18.
The general feeling of the meeting was that the Sub-Committee should
not discuss the question of the application of Article 18 but that the
Sub-Committee dealing with that Article be informed of the discussion which
had taken place on the inter-relation of the two Articles. The Cuban
representative was not satisfied that internal tax exemption was covered
by the present text of Article 25; he considered that specific reference
was necessary in view of the reference to Article 25 contained in
paragraph 5 of Article 18.
The representative of Cuba maintained the reservation of his delegation
against Article 25.
/Article 26 E/CONF.2/C.3/H/W.2
Page 3
Article 26 - Additional Provisions on Export Subsidies
Paragraph 1
It was pointed out that the 'term "directly or indirectly" was used in
Article 26 as applying to the word "subsidy", whereas in Article 25 the term
"directly or indirectly" applied only to the operation of the subsidy It
was considered desirable to refer the matter to the Central Dreating Committee
with a statement that it was intended that the words should have the same
force in both cases.
Paragraph 2
The Sub-Committee discussed the proposal by the delegation of Sweden
(item 5) for the insertion of the words "directly or indirectly" between the
words "taxes" and "imposed". The Swedish delegate explained that the present
text of paragraph 2 might be construed as applying only to finished goods.
It was desirable to make it clear that it also applied to raw materials or
semi-manufactured articles used in the manufacture of exported goods. The
amendment was designed to clarify this point.
A number of delegations referred to current practices in this matter
and expressed the opinion that the point raised by the Swedish delegation
was covered by the present text. The Swedish delegate agreed to withdraw
the amendment on the understanding that the Report of the Sub-Committee
would contain a statement to the effect that the remission of duties or
taxes imposed on raw materials and semi-manufactured products subsequently
used in the production of exported manufactured goods was covered by the
present text, and particularly by the phrase "may remit such duties or taxes
which have accrued. |
GATT Library | mm327sc1530 | Section C - Subsidies notes of the Third Meetting : Held at Havana on Tuesday, 13 January 1948 at 10.30 a.m | United Nations Conference on Trade and Employment, January 14, 1948 | Third Committee: Commercial Policy and Sub-Committee H (Section C) | 14/01/1948 | official documents | E/CONF.2/C.3/H/W.4 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/mm327sc1530 | mm327sc1530_90190620.xml | GATT_147 | 752 | 5,049 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.3/H/W.4
ON DU 14 January 1948
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
THIRD COMMITTEE: COMMERCIAL POLICY
SUB-CO COMMITTEE `E' OF THE THIRD COMMITTEE
SECTION C - SUBDIES
NOTES OF THE THIRD MEETTING
Hold at Havana on Tuesday, 13 January 1948 at 10.30 a.m.
Chairman: Mr. E. McCARTHY (Australia)
(Reference: E/CNF.2/c. 3/8)
Article 27 - Proposed New Paragraph
The Netherlands representative explained his delegation's proposal
(item 9) for a new paragraph to be added to A.rticle 27. The scheme they
had in mind was already implicitly permitted under Section C, but it
seemed that it might only come within the terms of Article 25 when world
prices fell below stabilized domestic prices. If notification and
consultation under Article 25 were not undertaken until then, the fact
of review by the Organization in such circumstances would be a stimulus
to speculation. The intention of the amendment was to bring such schemes
under Article 25 now - even when they were not in effect price support
schemes - so that full particulars would be made available at once to the
Organization and to other Members, The amendment was, as it were,
complementary to paragraph 1, and it might be possible to combine the
two paragraphs in one.
In discussion it was suggested that the amendment might have the
effect of bringing purely domestic measures within the scope of ITO, and
perhaps even (under sub-paragraph (a)) of prohibiting them. It was
pointed out, however,. that it merely brought the schemes in question under
Article 25,. which itself only applied to measures affecting international
trade. It was also suggested that specific mention of such schemes might
be interpreted as justifying their existence irrespective of partfcular
circumstances; on the other hand, it was argued that the amendment would
not prejudice the position of complaining Members under Article 25, and
/they would E/CONF.2/C.3/H/W.4
Page 2
they would also be safeguarded by the right of consultation under
Article 89.
There was general agreement on the desirability of including the
substance of the Netherlands amendment in Section C. It was agreed to
refer it in due course to a Working Party to consider its drafting and
position in the Section. Delegations could Iater reconsider their
positions in the light of other decisions arfecting the Section as a whole.
Article 27 - Paragraph 1
The representative of Brazil explained his delegation's proposal to
add the following words at the end of paragraph 1 (a):
......provided that, since the inception of the system, the average
excess of the domestic over the export price has not been less than
the average excess of the export over the domestic price."
He feared that Article 27, in its present form would not prevent
disguised subsidies from being paid. The amendment was designed to
prevent this by limiting the extent to which a stabilization scheme could
operate to subsidize exports.
It was argued against the amendment that:
(a) paragraphs 1 (a) and (b) of Article 27 provided adequate
safeguards against stabilization schemes being used for disguised
subsidization. Under paragraph 1 (b) such schemes would be subject
to determinations, both initially and in course of operation, as
to possible prejudice of Members' interests; also under paragraph 1 (a)
they could only be introduced when world prices were higher than the
proposed domestic prices. Some delegates thought that the present
paragraph 2 of Article 27 would provide an added safeguard against
misuse of stabilization schemes under paragraph 1;
(b) there would be considerable practical difficulties, e.g. in
assessing 'average excess" and establishing bass periods; account
would need to be taken of quantities as well as of prices;
(c) in practice, the amendment might result in stabilization schemes
being brought to a sudden and when world prices were low. This
possibility would discourage increased production at the present time.
In discussion, it was suggested that the word "less" had been
mistakenly used for "greater" in. the amendment. It was also suggested
that the Brazilian representative's fears of disguised subsidization
might partly arise from the use of the term "`stimulate exports unduly
in paragraph 1 (b). The Brazilian representative stated that. he still
had some misgivings as to whether there was sufficient safeguards
against E/CONF. 2/C. 3/H/W.4
Page 3
against disguised subsidies but, pending further examination of the
points made, would not press his amendment.
Article 26
Attention was drawn to a typographical error in paragraph 3 of
Article 26 of the Geneva text, where "effects" should read "facts". |
GATT Library | pw738wm4943 | Section C - Subsidies notes of Third Meeting : Held at Havana on Thursday, 15 January at 6.00 p.m | United Nations Conference on Trade and Employment, January 15, 1948 | Third Committee: Commercial Policy and Sub-Committee H (Section C) | 15/01/1948 | official documents | E/CONF.2/C.3/H/W.5 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/pw738wm4943 | pw738wm4943_90190621.xml | GATT_147 | 687 | 4,673 | United Nations Nations Unies RESTRICED
CONFERENCE CONFERENCE E/CONF.2/C.3/H/W.5
ON DU 15 January 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORlGINAL: ENGLISH
SUB-COMMITTEE `H' OF THE THIRD COMMITTEE
SECTION C - SURSDIES
Held at Havana on Thursday, 15 January at 6.00 p.m
The Sub-Committee considered the amendments propose by the delegation
of the United States of America to Articles 26, 27 and 28. The representative
of the United States of America stated that certain considerations should be
kept in mind in connection with their proposition:
1.It was impossible to ban the use of. all.forms of subsidies;
2 So far as subsidies directly influencing international trade
in primary commodities, their. should be no discrimination between
the various techniques used. It was the result that was important.
3. There should be adequate and proper safeguards to prevent
abuse.
He contended that that Geneva Draft did not meet these considerations,
In particular it did not provide equal treatment for the different methods
that may be employed. After outlining the changes suggested in the various
articles, he stated that -under the United States of American proposal,
Section C would based on - following principles:
(a) Notification and consutation regarding all types of subsidies;
(b) Ban on export subsidies except where price support or
stabilization programmes on primary commodities are involved,
(4) Commitment of Members not to use export subsidies to obtain
more of the export market than." under a representative period and
to accept the finding of the Organization in a case of a disagreement,
resulting from such consultation.
Against the amendment it was argued: that it still put an unfair
handicap on underdeveloped countries; that it gave unduly favourable
treatment to primary as against non-primary commodities; that, as most
major commodities were in fact subject to stabilization schemes, there was
no substantial change in the new United States of America amendment; that it
did not distinguish between price stabilization schemes and price
/support-cum-export E/CONF.2/C.3/H/W.5
Page 2
support-cum-export subsidization schemes, therefore retention of the qualifying
paragraph 5 of Article 33 would be unjustified; that deletion of the reference
to Chapter VI in Article 27 would weaken the incentive to seek a
multilateral solution; that irrporting countries might in some cases have to
draw unduly large supplies frorn hard currency areas, and that balance of
payments problems would also be aggravated where export subsidies were used
by countries with favourable balances,
On the other hand, certain delegations expressed qualified support for
the revised United States of America amendments. It was suggested that the
phrase "special factors" might be interpreted so as to protect underdeveloped
countries, Also, if the amendments were accepted, it would be desirable
to specify domestic price stabilization schemes elsewhere in the Section.
Deletion of Article 29 would still leave the problem of "'findings" under
the United States of America version of Article 28. The proposed extension
of Article 28 to cover more than export subsidies meant that the scope of
Article 25 would be farther limited and the balance of the Section upset;
to counteract this it would be necessary to extend Article 28 to cover
subsidies operating to reduce imports.
In the course of discussion it was pointed out that Section C should
be so drafted as not to conflict with the provisions of the International
Monetary Fund which permitted the use of multilateral exchange rates - a
recognized form of export subsidization - in certain circumstances. Attention
was also drawn to the use of export subsidies, which had little or no effect
on world trade, by countries .where stabilization schemes were impracticable
but to whose economies such subsidies were vital.
The discussion showed considerable support for the United States of
America proposals to amend Article 28. There was also general agreement
that paragraph 3 of Article 27 might be roviewed in the light of the
United States of America objection to prior approval by the Organization for
the use of export subsidies on primary commodities. It was also Generally
felt that the Section should retain a reference to Chapter VI in order to
emphasize the fundamental importance of secking to solve primary commodity
difficulties through inter-governmental agreements. |
GATT Library | hz055qp7336 | Section D - State Trading and Related Matters : (Text approved in second reading) | United Nations Conference on Trade and Employment, February 21, 1948 | Third Committee: Commercial Policy | 21/02/1948 | official documents | E/CONF.2/C.3/70 and E/CONF.2/C.3/58-77/REV.1 | https://exhibits.stanford.edu/gatt/catalog/hz055qp7336 | hz055qp7336_90190172.xml | GATT_147 | 1,457 | 9,512 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C.3/70
21 February 1948
COMMERCE ET DE L,EMPLOI ORIGINAL:ENGLISH
THIRD COMMITTEE: COMMERCIAL POLICY
SECTION D - STAE TRADING AND RELATED MATTERS
(Text approved in second reading)
.Article 30
Non-Discriminatory Treatment
1. (a) Each Member undertakes that if it establishes or maintains
a State enterprise, wherever located, or grants to any enterprise,
formally or in effect, exclusive or special privileges, such enterprise
shall, in its purchases or sales involving either imports or exports,
act in a manner consistent with the general principles of .
non-discriminatory treatment prescribed in this Charter for governmental.
measures affecting imports or exports by private traders.
(b) The provisions of sub-paragraph (a) of this paragraph shall be
understood to require that such enterprises shall, having duo regard.
to the other provisions of this Charter, make any such purchases or
sales solely in accordance with commercial considerations, including
price, quality, availability, marketability, transportation and other
conditions of purchase or sale, and shall afford the enterprises
of the other Members adequate opportunity, in accordance with customary
business practice, to compete for participation in such purchases or
sales.
(c) No Member shall prevent any enterprise (whether or not an
enterprise described in sub-paragraph (a) of this paragraph) under its
jurisdiction from acting in accordance with the principles of
sub-paragraphs (a) and (b) of this paragraph.
2. The provisions of paragraph 1 of this Article shall not apply to
imports of products purchased for governmental purposes and not with a
view to commercial resale or with a view to use in the production of goods
for commercial sale.With respect to such imports, and with respect to
the laws, regulations and requirements referred to in paragraph 8 (a) of
Article 18, the Members shall accord to the trade of the other Mebers
fair and equitable treatment. E/CONF.2/C.3/70 Page 2
INTERPRETATIVE NOTES
Paragraph 1
1. Different prices for sales and purchases of products in different
markets are not precluded by the provisions of this Article, provided that
such different prices are charged or paid. for commercial reasons having
regard to differing conditions, including supply and demand, in such
markets.
2. Sub-paragraphs 1 (a) and (b) of this Article shall not be construed
as applying to the trading activities of enterprises to which a Member has
granted licenses or other special privileges.
(a) solely to ensure standards of quality and efficiency in the
conduct of its external trade; .
(b) for the exploitation of its natural resources;
Provided that the Member does not thereby establish or exercise effective
control or direction of the trading activities of the enterprise in question,
or create a monopoly whose trading activities are subject to effective
governmental. control or direction.
Article 30 A
Marketing Organizations
If Member establishes or maintains a marketing board, commission or
similar organization it shall;
(a.) be subject to the provisions of paragraph 1 of Article 30 with
respect to purchases or sales by such organizations; and
(b) with respect to any regulations of such organizations governing
the operations of private enterprises, be subject to the other relevant
provisions of the Charter.
Article 31
Expansion of Trade
1. If a Member establishes, maintains or authorizes, formally or in
effect, a monopoly of the importation or exportation of any product,
such Member shalll, upon the request of any other Member. or Members
having a substantial interest in trado with it in the product concerned
negotiate with such Membor or Members in the manner provided for under
Article 17 in tariffs, and. subject to all the provisions of
this Charter with respect to such tariff negotiations, with the object
of achieving: . - - . -
a)- B~ o ;n Oxor noly,arra-ngemets designed o' limit
ore hatreduce aeny protection tht might b afforded through the operation of
/the monopoly E/CONF.2/C.3/70
Page 3
the monopoly to demostic users of the monopolized product or designed to
assure exports of the monopolited product in adequate quaetities at
reasonable prices; or
(b) in the case of an import monopoly, arrangements designed to limit
or reduce any protection that might be afforded through the operation of
the monopoly to domestic producers of the monopolized product, or
designed. to reduce any limitation of imports which is comparable with a
limitation made subject to negotiation under other provisions of this
Chapter.
2. In order to satisfy the requirements of sub-paragraph 1 (b) of this
Article, the Membor maintaining a monopoly shall negotiate
(a) for the establishment of the maximum import duty that may be imposed
in respect of the product concerned; or
(b) for any other mutually satisfactory arrangement consistent with the
provisions of this Charter if it is evident to the negotiating parties
that to negotiate a maximum import duty under sub-paragraph (a) of this
paragraph is impracticable or would be ineffective for the achievement of
the objectives of paragraph 1 of this Article.
Any Member entering into negotiations under sub-paragraph (b) )f this
paragraph shall afford to other interested Members an opportunity for
consultation.
3. In any case in which a maximum import duty is not negotiated under
paragraph 2 (a) of this Article, the Member maintaining the import
monopoly shall make public or notify the Organization of the maximum import
duty which it will apply in respect of the product concerned.
4. The price charged by the import monopoly for the imported product
is the home market shall not exceed the landed cost plus the mximium
import duty negotiated under paragraph 2 of this Article or made public
or notified to the Organization under paragraph 3 of this Article. exclusive
of internal taxes, transportation, distribution and otlher expensos incident
to the purchase, sale or further procediing, and a reasonable margin of profit;
Provided. that regard may be had to avorage landed costs and selling prices over
recent periods; and Provided further that, where the product is eossrned is a
primary commodity and the subject of a domestic price stabilization arrangement,
provision may be made for adjustment to take account of wide fluctuations or
variations in world prices subject, where a maximum duty has been negotiated,
to agreement between the countries parties to the negotiation.
5. With regard to any product to which the provisions of this Article
apply the monopoly shall, wherever this principle can be effectively applied
and subject to the other provisions of this Charter, import and offer. for sale
/such quantities E/CONF.2/C.3/70
Page 4
such quantitiou of the product as will be sufficient to satisfy the full
domestic demand for the imported product, account being taken of any
rationing to consumors of the imported and like domestic product which may
be in forco at that time.
6. In applying the provisions of this Article, duo regurd shall bo had
for the fact that some monopolies are established and oprrated mainly for
social, cultural, humanitarian or revonue purposes.
7. This Article shall not limit the use by Membere of any form of
assistance to domestic producers permitted by other provisions of this
Charter.
INfERPRETATIVE NOTES
Paragraph 2, 3 a.nd .4.
The term "maximum import duty" would cover the monopoly margin which
has been negotiated or which has been published or-notified to the Organization;
whether or not col1ected, wholly or in part, at the dustoms as an ordinary
customs duty.
Paragraph 4
With roference to the second proviso the method and gegreo of adjustment
to be permitted in the.case of a primary commodity that is the subject, of a
domostic prico stabilization arrangement should normally be a matter for
agreement at the time of the negotiations under sub-paragraph (a) of
paragraph 2.
Article 31A
Liquidation of Non-Commercial Stocks
1. If a Member holding stocks of any primary commodity sccumulated
for non-commercial purposes should liquidate such stocks, it shall carry out
such liquidation as for as practicable, in a manner that will avoid serious
disturbance to world markets for the commodity concerned.
2. Any such Member shall
(a) give not less than four months public notice of its intention
to liquidate such stocks; or
(b) give not loss than four months prior notice to the Organization of
such intention.
3. The Member concrned shall, at the roquest of any Member which considers
itself substantially interested, consult as to the best means of avoiding
substantial injury to the economic interests of producers and consumers of
the primary commodity in question. In cases where the interests of several
Members might .be substantially affected, the. Organization may participation
- /such consultation, E/CONF. 2/C. 3/70
Pago 5
such consultation, and tho Member holding these stocks shall give due
consideration to its rocomondations.
The provisions of paragraphs 2 and 3 shall not apply to routine
disposal of supplies necessary for the rotation of stocks to avoid
deterioration. |
GATT Library | yg391zr0211 | Section E - General Commercial Provisions Addition of paragraph 6 to Article 35 : (Text Approved in Second Reading) | United Nations Conference on Trade and Employment, February 18, 1948 | Third Committee: Commercial Policy | 18/02/1948 | official documents | E/CONF.2/C.3/60/Add.1 and E/CONF.2/C.3/58-77/REV.1 | https://exhibits.stanford.edu/gatt/catalog/yg391zr0211 | yg391zr0211_90190160.xml | GATT_147 | 104 | 741 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C.3/60
Add.1
18 February 1948
ORIGINAL: ENGLISH
THIRD COMMMITTEE: COMMERCIAL POLICY
SECTION E - GENERAL COMMERCIAL PROVISIONS
ADDITION OF PARAGRAPH 6 TO ARTICLE 35
(Text Approved in Second Reading)
6. The Members recognize that tariff descriptions based on distinctive
regional or geographical names should not be used in such a manner as to
discriminate against products of Member countries. Accordingly, the Members
shall co-operate with each other and through the Organization with a view to
eliminating at the earliest practicable date practices which are inconsistent
with this principle. |
GATT Library | bw087hb5781 | Section E - General Commercial Provisions : (Text Approved in Second Reading) | United Nations Conference on Trade and Employment, February 17, 1948 | Third Committee: Commercial Policy | 17/02/1948 | official documents | E/CONF.2/C.3/60 and E/CONF.2/C.3/58-77/REV.1 | https://exhibits.stanford.edu/gatt/catalog/bw087hb5781 | bw087hb5781_90190159.xml | GATT_147 | 4,641 | 30,575 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE 17 February 1948
ON DU 17 February 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
THIRD COMMITTEE: C MERCIAL POLICY
SECTION E - GENERAL COMMERCIAL PROVISIONS.
(Text Approved in Second Reading)
Article 32
Freedom of Transit
1. Goods (including baggage), and also vessels and other means of transport,
shall be deemed to be in transit across the territory of a Member, when the
passage across such territory with or without trans-shipment, warehousing,
breaking bulk, or change in the mode of transport, is only a portion of a
complete Journey beginning and terminating beyond the frontier of the Member
across whose territory the traffic passes. Traffic of this nature is termed
in this Article "traffic in transit".
2. There shall be freedom of transit through each Member country via the
routes most convenient for International transit for traffic in transit to or
from other Member countries. No distinction shall be made which is based on
the flag of vessels, the place of origin, departure, entry, exit or destination.
or on any circumstances relating to the ownership of goods, of vessels or of
other means of transport.
3. Any Member may require that traffic in transit through its territory be
entered at the proper customs house, but, except in cases of failure to comply
with applicable customs laws and regulations, such traffic coming from or
Going to other Member countries shall not be subject to any unnecessary delays
or restrictions and shall be exempt from customs duties and from all transit
duties or other charges imposed in respect of transit, except charges
commensurate with administrative expenses entailed by transit or with the
Cost of services rendered.
4 .. All charges and regulations imposed by Members on traffic in transit to
or from other Member countries shall be reasonable, having regard to the
conditions of the traffic.
5. With respect to all charges, regulations and formalities in connection
with transit, each Member shall accord to traffic in transit to or from any
other Member country treatment no less favourable than the treatment accorded
to traffic in transit to or from any third country.
/6. Each Member E/CONF.2/C.3/60
Page 2 :;
6. Each Member shall accord todu proctis whcvh hae been in transit through
any other Member country treatment no less favourable than that which would
have baeen ccorded to such products had they been transported from their
place of origin to their destination without going through soch cther Member
country. Any Member shall, however, be free to maintain its requirements
of direct consign ent.existing on the day of the signature of this Charter,
in respect of any goods in regaod tq which suchediroct consigment is a
requisite condition of eligibility for entry of the goods at preferential
rates of duty or has relation to the Member's prescribed method of valuation
for duty purposes.
7. The provisions of this Article shall aot Apply to the operation of
aircraft in transit, but shall apply to air transit of goods (including
baggage).
8. The Organization may undertakuditL.Aes, make recommendations and promote
international agreement relating to the simplification of customs regulations
concerning traffic in transit, the equitable use of facilities required for
such transit and other measures designed to promote the objectives of this
Article. Members shcll oo-operate with each other directly and through the
Organization to this end.
.P~hTaIV . . . _ ,S_
INlRPM OTE- - ,;-
Paragraph 1 ,
The assembly of vehicles and mobile machinery arriving in a knocked-down
condition oathe disassembly (or disassembly and subsequent reassembly) of
bulky articles shall not be held to render the passage of such goods outside
the scope of "traffic in transit", it being understood that any such operation
iaundertaken solely for convenience of transport.
Paragraphs 3, 4 and 5
The word charges1 s used in the English text of paragraphs 3f and 5
shall not be deemed to include transportation charges.
Paragraph 8 .
If as a result of negotiations for special facilities caried out in
accordance with paragraph 8 with a country which has no direct access to the
sea, a Member grants more ample facilities than those already provided for,
in other paragraphs of this Article, such special facilities may be limited
to the land-looed country concernedunless the Organization finds, on the
complaint of any other Memb.r, tktt the withholding of the special facilities.
from the complaining Member contravenes the.most-favoured-nation provisions
of the Charter. . p io
/Article 33 E/CONF.2/C .3/60
Page 3
Article 33
Anti-Dumping and Countervailing Duties
1. The Members recognize that dumping, by which products of one country
are introduced into the commerce of another country at less than the normal
value of the products, is to be condemned if it causes or threatens material
injury to an established industry in a Member country or materially retards
the establishment of a domestic industry. For the purposes of this Article,
a product is to be considered as being introduced into the commerce of an
importing country at less than its normal value if the price of the product
exported from one country to another
(a) is less than the comparable price, in the ordinary course of
trade. for the like product when destined for consumption in the
exporting country, or,
(b) in the absence of such domestic price, is less than either
(i) the highest comparable price for the like product for
export to any third country in the ordinary course of
trade, or
(ii) the cost of production of the product in the country of
origin plus a reasonable addition for selling cost and
Due allowance shall be made in each case for differences in conditions
and terms of sale, for differences in taxation, and for other differences
affecting price comparability.
2. In order to offset or prevent dumping, a Member may levy on any dumped
product an anti-dumping duty not greater in amount than the margin of dumping
in respect of such product. For the purposes of this Article, the margin of
dumping is the price difference determined in accordance with the provisions
of paragraph 1 of this Article.
3. No countervailing duty shall be levied on any product of any Member.
country imported into another Member country in excess of an amount equal
to the estimated bounty or subsidy determined to have been granted, directly
or indirectly, on the manufacture, production or export of such product in
the country of origin or exportation, including any special subsidy to the
transportation of a particular product. The term "countervailing duty" shall
be understood to mean a special duty levied for the purpose of offsetting
any bounty or subsidy bestowed, directly or indirectly, upon the manufacture,
production or exportation of any merchandise.
4. No product of any Member country imported into any other Member country
shall be subject to anti-dumping or countervailing duty by reason of the
/exemption of E/CONF.2/C.3/60
Page 4
exemption of such product from duties or taxes borne by the like product
when destined for consumption in the country of origin or exportation, or
by reason of the refund of such duties or taxes.
5. No product of any Member country imported into any other Member country
shall be subject to both anti-dumping and countervailing duties to compensate
for the same situation of dumping or export subsidization.
6. No Member shall levy any anti-dumping or countervailing duty on the
importation of any product of another Member country unless it determines
that the effect of the dumping or subsidization, as the case may be, is
such as to cause or threaten material injury to an established domestic
industry, or is such as to retard materially the establishment of a domestic
Industry. The Organization may waive the requirements of this paragraph so
as to permit a Member to levy an anti-dumping duty or countervailing duty an
the importation of any product for the purpose of offsetting dumping or
subsidization which causes or threatens material injury to an industry in
another Member country exporting the product concerned to the importing
Member country.
7. A system for the stabilization of the domestic price or of the return
to domestic producers of a primary commodity, independently of the movements
of export princes, which results at times in the sale of the product for
export at a price lower than the comparable price charged for the like product
to buyers in the domestic market, shall be presumed not to result in material
injury within the meaning of paragraph 6 of this Article if it is determined
by consultation among the Members substantially interested in the product
concerned that:
(a) the system has also resulted in the sale of the product
for export at a price higher than the comparable price charged
for the like product to buyers in the domestic market, and
(b) the system is so operated, either because of the effective
regulation of production or otherwise, as not to stimulate exports
unduly or otherwise seriously prejudice the Interests of other
Members.
INTERPRETATIVE NOTES -
Paragraph 1 ...- . I ;
Hidden dIming by associated houses (that is, the sale by andimporter.
at a price belm hat corresponding to the price invoiced by an exporter
with whm the Importer is associated, and also below the price in the
exporting country) canstitutes a form of price dumping in which the margin
n dumpnmay be
/of dumping may be
~~~~~~~fi E/CONF.2/C.3/60
Page 5
of dumping may be calculated on the basis of the price at which the goods
are resold by the importer.
Paragraph 2
As in many other cases in customs administration, a Member may require
reasonable security (bond or cash deposit) for the payment of anti-dumping
or countervailing duty pending final determination of the facts in any case
of suspected dumping or subsidization.
Paragraph 3 . .
iltiple currency practices may in certain circumstances constitute a
subsidy to exports which can be met by countervailing duties under pragraph 3
or may constitute a form of dumping by means of a partial depreciation of a
country's currency which can be met by actien under paragraph 2 of this Articlf
_l curreny practices" is meant practices by governments or
sanctioned by governments.
Article 34
Valuation for Customs Purposes : .
. Te Members shor1lwo toward the standardization, as fa' as racticable,
of definitions nin value and of procedures for determiing the value of
products suXJect to customons ties or other charges or restrictinaw-based.
upon or tegu2ated in any ringer by value. With a view to furthevrip such
co-oeratica, the Organizatioa may stusy and recommend to Members such baseJ
adm methods for determiuning vaare for customs purposes as wold appex. best
suited to the needs of commerce and most capable of gQneral adoption.
2, The Members recognize the vvlidity of the general principles of yaluation
set forth in paragraphs 3, 4 and 5 of this Article, and they undertake to give-
effect to such principles, in respect of all products subject to duties or
other charges or restrictions on importation and exportation based upon or
rpgllated in any pner by aalueMoat the earliest practicable dete., lreover,
they Rhall upon a request by vnowher Member directly effected, reyiev the
operation of w of their lawsorr regomstions relating to value f cust -
purposes in the ligma of these promciples. The Organization y request fr=
Members reports on stepsi nsken fy them in pursuance of the proviso o
this Article.
3. (a) The value for custsld purposes of imported merchandise .,ouX
be based on the.ctual ivale of the imported merchandise on wh±h duty
is assessed or of like merchandise, and should not be based on the
value of merchandise of national origin or on arbitrary or fictitious
values.
-b.Ab?tu4ue1. E/CONF.2/C .3/60
Page 6
(b) "Actual value" should be the price at which at a time and place
determined by the legislation of the country of importation and in
the ordinary course of trade, such or like merchandise is sold or
offered for sale under fully competitive conditions. To the extent
to which the price of suchor like merchandies governed by the
quantity in a particular transaction, the price to be considered
should uniformly be related to either (i) comparable quantities,
or (ii) quantities not less favourable to importers than those in
which the greater volume of the merchandise is sold in the trade
between the countries of exportation and importation. '
(c) When the actual value is not ascertainable in accordance with
sub-paragraph (b) of this paragraph, the value for customs purposes
should be based on the nearest ascertainable equivalent of such value.
4. The value for customs purposes of any imported product should not include
the amount of any internal tax applicable within the country of origin or
export, from which the imported.product has been exemptedeor has boen or will
be. relieved. by means of refund.
5. (a) sExcept a2 otherwise provided in this paragraph, wsere it i8
necessary for the purpose of paragraph 3 for a Member to convert
owno its 7af currency a price expressed in the currency of another
coentry, th. conversion rate of exchange to be used shall be based
on athe-par vlues of the currencies involved as established pursuant
to the Articres of Agieement of the International Monetary Fund or
by special exchange agreements entered into pursuant to Article 24
of-this Charter.
(b) Where no such par value has been established, the conversion rate
shall reflect effectively the current value of such currency in
commercial tnransactios. ,
(c) The Organization, in agreement with the International Monetary
Funn, shall formulate rules governing the co version by Members of
. . ,. *-.
any foroiga currency in respect of whic4 multiple rates of exchange
or maintained consistently with the Articles of Agreement of the
International Monetary Fund. Any Member may apply such rules in
respect of such fore;.~ currencies for the purposes of pazaraph 3
of this Article as an alternative to the use of par values. Until
such rules are adopted by the Organization, any.Member may employ
in respect of any such foreign c'r.ency rules of conversion f&r
thg.purposes of paragraph 3 of this Article which are desire to
reflect effeively the value of such foreign currency in commercial
transactions.
/6. Nothing in this E/CONF.2/C.3/60
Page 7
6. Nothing in this Article shall be construed to require any Member to
alter the method of converting currencies for customs purposes, which is
applicable in its territory on the day of the signature of this Charter, if
such alteration would have the effect of increasing generally the amounts
of duty payable.
7. The bases and methods for determining the value of products subject
to duties or other charges or restrictions based upon or regulated in any
manner by value should be stable and should be given sufficient publicity
to enable-traders to estimate, with a reasonable degree of certainty, the
value for customs purposes.
INTERPRETATIVE NOTES
Paragraph 3 .. .*-
(i) It would be in conformity with Article 34 to presume that
"actuall value" may be represented by the invoice price
(in the case of government contracts in respect of primary
products, the conotract price), plus any nn-included charges
for rlgitimate costs which axe proper elements of "actual
value" and plus any abnormal discount or other reduction from--
the ordinary competitive price.
(ii) If on the date of signature of this Charter a Member has in
force a system whereby ad valorem duties are levied on the
basis of fixed values, the provisions of paragraph 3 of
Article -34 shall not apply:
(1) in the casp of values not subject to periodical -
revision in lregard to a particulaz product, as ong
as the value established for that product remains.
unchanged;
(2)-I. the case of values subject to periodical revision,
on condition that tce revision is based on the mean "aztual
value" established by reference to an immediately preceding
period of not more than twelve months and that such revision
may be made at any time at the request of the parties
concerned or of Members. The revision shall apply to the
import oz imports in respect of which the specific request
for revision was made, and the revised, value so established
shall remain in force pending further revision.
4 v(o E/CONF.2/C .3/60
Page 8
(iii) It would be in conformity with sub-paragraph 3 (b), for a
Member to construe the phrase "in the ordinary course of
trade, read in conjunction with "under fully competitive.*
occnditions", as excluding any transaconcc wherein eh0
buyer and seller are not independent of each othea snd
pri e.is not the sole consideration.
(iv) The prescribed standard of "fully mcopetitive conditions"
permits Members to exclude from consideration distriburoxs
prices which involve special discounts limited to exclusive -
agents.
(v) The wording of sub-paragraphs (a) and (b) ofara pgraph 3
permits a Member to assess duty uniformly either (1) on
the basis of a particular exporter's prices of the impoetgd
rezchandise, or (2) on the basio cf the general price level
of likm zerchandise.
PagraEaph 5
If compliance-with paragraph 5 would result in decreases:in amounts of
duty payable of products with respect th which the rates of duty bave been
bound by an internationc- agreement, the term "at the earliest practicable
date" in paragraph 2 allows the Member concerned a reasonable time to obtain
a.Justmept of tbe agreement, -
Article 35
Formalities Connected with Importation and Exportation
1, The-Members recognize that all fees and charges of whatever character
(other than import and export duties and other than taxes within thb purview
of Article 18) imposed by governmental authorities on or in connection with
importation or exportation should be limited in amount to the approximate
coat of-services rendered and should not represent an indirect protection to
dpMestic products or a taxation of imports or exports for fiscal purposes.
The Mmbers also recgaize the need for reducing the number- nd diversity
9f such.feesand.charges, for minimizing the incidence -nd complexity of"
impport and Qlport torlorm .itfor dcreasing and simplifying Imoort-
and export documentation rCquirements. - - -
2. The Members shall take action in accordance with the principles and
obJotire0 of aPh_1lo his Article at the earliest Apracicable date,
Moreover, theyshall, upoa request by another Member directly affected,
review.theoperat - any of their laws and regulations in the light of
these principles. The Organization may request from Members reports Ca
steps taken by them in pursuance of the provisions of this paragraph.
/3. The provisions of E/CONF.2/C.3/60
Page 9
3. The provisions of paragraphs 1 and 2 of this Article shall extend to
fees, charges, formalities and requirements imposed by governmental
authorities in connection with importation and exportation, including those
relating to,...
(a coaruttans 'riantloas, such an coasular invoices and
certifidatee;
(uan qantitative restrictions;
l(censi)licng;
(d) exchange control;
(tae) stist icalservices;
(fT documents, documentation and certification;
(g) al anysis an inspection; and
(h) qurantine, sanitation and fumigation.
khee Organziationmnay stuyo and reconean -to Members specific measures
for the simplification and standardization of customs formalities and
tehnmiques and for the eIminationt of unnecessary customs requirmzensa,
icl1diung those relating to advertising matter and samples for use onlyiIn
akicg orders for merchandise. ---
5 be Memear shall impose substantial penalties for minor breaches of
custoulateongatfris or procedural requirements, In particnolarn,l o peaty
in respecnyoef axi misslon or mistake in customs documontatica which is
easily rectifaable dnd obviously made without fraudulent intent or gross
neg3iAence sh grall beeater than necessary to serve merely as a warning,
RETIUMTAIVEJ TE N0..
raaragaph 3
.ble A~ticl d 3~-oes not cover the use of multiple srate of exchange
as such, paragr p1s- I andon 3 cdemn the use of exchange t axesor feesaas '
deYc for implementing multiple currency practices; if, however; a.'eebbr'
is using multiple currency exchange fees for balance of paymenret asonno ot
inconsistently with the Articles of Agreement of the International Monetary
Fund, the provisions of paragraph 2 fully safeguard Its position since that
paragraph merely reguires that the fees be eliminated at the earliest
practicable date.
Article 36
MrBs of Origin
1i TheMemiabers recognize that in adopting and implementing laws and
regulations, relating to marks of ir'gin, the difficulties and incoveniences
whics auch measures may cause ohe!- commerce and indust y.ofxp.Portgn
ntries ahould .e reduced to a minizum
2/. Fach Memebr E/CONF.2/C.3/60
Page 10
2. Each Member shall accord to the products of each other Member country
treatment with regard to marking requirements no less favourable than the
treatment accorded to like products of any third country.
3. Whenever administratively practicable Members should permit required
marks or origin to be affixed at the time of importation.
4. The laws and regulations of Members relating to the marking of imported
products shall be such as to permit compliance without seriously damaging
the products, or materially reducing their value, or unreasonably increasing
their cost.
5. The Members agree to work in co-operation through the Organization
towards the early elimination of unnecessary marking requirements. The
Organization may study and recommend to Members measures directed to this
end, including the adoption of schedules of general categories of products,
in respect of which marking requirmenente operate to restrict trade to an
extent disproportionate to any proper purpose to be served, and which shall
not in any case be required to be marked to indicate their origin.
6. As a general rule no special duty or penalty should be imposed by any
Member for failure to comply with marking requirments prior to importation
unless corrective marking is unreasonably delayed or deceptive marks have
been affixed or the required marking has been intentionally emitted.
7. The Members shall co-operate with each other and through the Organization
with a view to preventing the use of trade names in such manner as to
misrepresent the true origin of a product, to the detriment of the distinctive
regional or geographical names of products of a Member country which are
protected by the legislation of such country. Each Member shall accord full
and sympathetic consideration to such requests or representations as may
be made by any other Member regarding the application of the undertaking set
forth in the preceding sentence to names of products which have been
communicated to it by the other Member. The Organization may recommend a
conference of interested Members on this subject.
Article 37
Publication and Administration of Trade Regulations
1. Laws, regulations, judicial decisions and administrative rulings of
general application made effective by any Member, pertaining to the
classification or the valuation of products for customs purposes, or to
rates of duty, taxes or other charges, or to requirements, restrictions or
prohibitions on imports or exports or on the transfer of payments therefor,
or affecting their sale, distribution, transportation, insurance,
warehousing, inspection, exhibition, processing, mixing or other use, shall
/be published E/CONF.2/C.3/60
Page 11
be published promptly in such a manner as to enable governments and traders
to become acquainted with them. Agreements in force between the government
or a governmental agency of any Member country and the government or
governmental agency of any other country affecting international trade policy
shall also be published, Copies of such laws, regulations, decisions, rulings
and agreements shall be communicated promptly to the Organization. This
paragraph shall not require any Member to disclose confidential information
which would impede law enforcement, or otherwise be contrary to the public
interest or would prejudice the legitimate commercial interests of particular
enterprises, public or private.
2. No measure of general application taken by any Member affecting an
advance in a rate of duty or other charge an imports under an established
and uniform practice or imposing a new or more burdensome requirement,
restriction or prohibition on imports, or on the transfer or payments therefor,
shall be enforced before such measure has been officially made public.
3. (a) Each Member shall administer in a uniform, impartial, and
reasonable manner all its laws, regulations, decisions and rulings
of the kind prescribed in paragraph 1 of this Article. Suitable
facilities shall be afferded for traders directly affected by any
of those metters to consult with the appropriate governmental
authorities.
(b) Each Member shall maintain, or institute as soon as practicable
judicial, arbitral or administrative tribunals or procedures for the
purpose, inter alia, of the prompt review and correction of
administrative action relating to customs matters. Such tribunals
or procedures shall be independent of the agencies entrusted with
administrative enforcement and their decisions shall be implemented
by and shall govern the practice of such agencies unless an appeal
is lodged with a court or tribunal of superior jurisdiction within
the time prescribed for appeals to be lodged by importers; Provided
that the central administration of such agency may take steps to
obtain a review of the matter in other proceeding if there is good
cause to believe that the decision is inconsistent with established
principles of law or the actual facts.
(c) The provisions of sub-paragraph (b) of this paragraph shall not
require the elimination or substitution of procedures in force in a
Member country on the day of the signature of this Charter which in
fact provide for an objective impartial review of administrative
action even though such procedures are not fully or formally
/independent of E/CONF.2/C .3/60
Page 12
independent of the agencies entrusted with administrative enforcement.
Any Member employing such procedures shall, upon request, furnish the
Organization with full information thereon in order that the
Organization may determine whether such procedures conform to the
requirements of this sub-paragraph.
Article 38
Information, Statistics and Trade Terminology
1. The Members shall commmunicate to the Organization, or to such agency
as may be designated for the purpose by the Organization, as promptly and
in as much detail as is reasonably practicable: .
(a)tatil4issica of their external trade in.goods (imports, exports
anshore ap applicablre, e-exports, transit and tsran-pmi aenant d
goods in: warehouse or in bond);
(b) statistics of governmental revenueomr-. import and export dusiee
and other taxes on goods moving in international trade and, insofar
as readils aacertaina,leJ of subsidy payments affect ng.s ch.trade.
2. So far as possible, the statistics referred to in paragra 1'of this
Article shall be related to tariff classifications asd .hall be iucn sh form
as to reveal the operation of.any restrictions on importation or exportation
which are based on or regulated in any manner by quantity or va oe-Qr
mounts of exchange made available.
3, The Members shall plubish regularly and as promptly as possible the
statistics referr d.to ip aragraph 1 of this Article.
4. The Members ollba give careful consideration to any remmcodenaonsti
which the Oarignzaonti may make to them with a view to improng G:the
statistical information furnished under paragrap1 l of th s.Article.
5. The Members shalla ekQ available to the Organization, at its request
and insofar ais zreanaazbly practicable, such other atetistalg1n iformaonia
as the 0anrgizaonti may deem necessary teo nable it tfo ulfil i futcsntions,
provided that such information is not being furnishedo t other
inter-govemenentaorlangnizations from which the Organizatn cinoa obtain the
required informati.on
6. The Organization shall act as a centre for the collecotin,x echange
and plicubation of statistical information of thke din referred to in
rpaagraph 1 of this Article. The Organization, in coallboraonti wi ththe
oconamic and Social Council of the United Nations, and wi hlany other
organization deemed aporriipate, m ayengage is qtuds e-with view Wgto
izproving th m,metdhos of collecting, analyzingand nnplisubnhige onomim c
/statistics and E/CONF.2/C .3/60
Page 13
statistics and may promote the international comparability of such statistics,
Including the possible international adoption of standard tariff and commodity
classifications.
7. The Organization, in co-operation with the other organizations referred
to in paragraph 6 of this Article, may also study the question of adopting
standards, nomenclatures, terms and forms to be used in international trade
and in the official documents and statistics of Members relating thereto,
and may recommend the general acceptance by Members of such standards,
nomenclatures, terms and forms. |
GATT Library | xd016db0274 | Signature List to the Final Act : Note by the Executive Secretary | United Nations Conference on Trade and Employment, March 15, 1948 | General Committee | 15/03/1948 | official documents | E/CONF.2/BUR/39, 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/xd016db0274 | xd016db0274_90180205.xml | GATT_147 | 307 | 1,985 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/BUR/39
15 March 1948
ORIGINAL: ENGLISH
SIGNATURE LIST TO THE FINAL ACT
NOTE BY THE EXECUTIVE SECRETARY
On the basis of the credentials submitted the attached list of
delegations eligible to sign the Final Act has been prepared by the
Secretariat. The inclusion of the name of a delegation on this list
does not necessarily mean that the delegation will sign the Final Act
but merely indicates that it is eligible to sign and that a space will
be provided for its signature. If no comments are received from
delegations by 3.00 p.m., Tuesday, 16 March, the Secretariat will assume
that this list is correct and will transmit it immediately to New York
for translation into the other three languages.
For Afghanistan:
For Argentina:
For Australia:
For the Republic of Austria:
For the Kingdom of Belgium:
For Bolivia:
For Brazil:
For the Union of Burma:
For Canada:
For Ceylon:
For Chile:
For China
For Colombia:
For Costa Rica:
For Cuba
For Czechoslovakia:
For Denmark:
For the Dominican Republic:
For Ecuador:
For Egypt:
For El Salvador:
/For France:
GENERAL COMMITTEE E/CONF.2/ BUR/39 Page 2
For France: For Greece:
For Guatamala:
For Haiti:
For Honduras:
For India:
For the Republic of Indonesia:
For Iran:
For Iraq:
For Ireland:
For thce Republic of Italy
For Lebanon:
For Liberia:
For the Grand Duohy of Luxembourg:
For Mexico:
For tthe Kingdom of the Netherlands:
For New Zealad
For Nicaragua:
For the Kingdom of Norway:
For Pakistan:
For Pename:
For Peru:
For the Philippines
For Poland:
For Portugal:
For Southern Rhodesia:
For Sweden:
For Switzerland:
For Syria:
For Transjordan
For Turkey:
For the Union of South Africa:
For the United Kingdom of Great Britain and Northern Ireland:
For the United States of America:
For Uruguay:
For Venezuela: |
GATT Library | bs785fd1528 | Signature of protocols | General Agreement on Tariffs and Trade, September 7, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 07/09/1948 | official documents | GATT/CP.2/37 and GATT/CP.2/37,38+CP.2/38/Add.1 | https://exhibits.stanford.edu/gatt/catalog/bs785fd1528 | bs785fd1528_90320055.xml | GATT_147 | 6,576 | 41,953 | RESTRICTED
LIMITED C
GATT/CP .2/37
7 September 1948.
GENERAL AGREEMENT ON TARIFFS AND TRADE
Contracting Partics
Second Session
SIGNATURE OF PROTOCOLS
There are circulated herewith the texts of the
following documents which will be submitted for sig-
nature at the final meeting of the Second Session of
the Contracting Parties.
1. Protocol modifying Part II and Article XXVI
of the General Agreement on Tariffs and Trade.
2. Protocol modifying Part I and Article XXIX
of the General Agreement on Tariffs and Trade.
The other Protocols will be circulated as an addendum
to this document.
Any Delegation which has any comment to make on
the above mentioned texts should advise Mr. Renouf,
Room A644, not later than Thursday, September 9th at 3 p.m.
for the English text and Friday, September 10th at 10 a.m.
for the French text. - 1 -
PROTOCOL MODIFYING PART II AND ARTICLE XXVI
OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE
The Governments of the Comonwealth of Australia,
the Kingdom of Belgium, the United States of Brazil, Burma,
Canada, Ceylon, the Republic of China, the Republic of
Cuba, the Czechoslovak Republic, the French Republic,
India, Lebanon, the Grand Duchy of Luxembourg, the Kingdom
of the Netherlands, New Zealand, the Kingdom of Norway,
Pakistan, Southern Rhodesia, Syria, the Union of South
Africa, the United Kingdom of Great Britain and Northern
Ireland, and the United States of America, acting in their
capacity of contracting parties to the General Agreement
on Tariffs and Trade (hereinafter referred to as the
Agreement),
Desiring to effect an amendment to the Agreement,
pursuant to the provisions of Article XXX thereof,
HEREBY AGREE AS FOLLOWS:
1. The texts of Articles III, VI, XIII, XV, XVIII and
XXVI of the Agreement and certain related provisions in
Annex I shall be modified as follows:-
A
The text of Article III shall read:-
"Article III
National Treatment on Intornal Taxation and Regulation
1. The contracting parties recognize that internal taxes
and other internal charges, and laws, regulations and
requirements affecting the internal sale, offering for
sale, purchase, transportation, distribution or use of
'products, and internal quantitative regulations requiring
the mixture, processing or use of products in specified
amounts or proportions, should not be applied to imported
or domestic products so as to afford protection to
domestic production.
2. The products of the territory of any contracting
party imported into the territory of any other contracting
party shall not be subject, directly or indirectly, to
internal taxes or other internal charges of any kind in
excess of those applied, directly or indirectly, to like
domestic products. Moreover, no contracting party shall
otherwise apply internal taxes or other internal charges
to imported or domestic products in a manner contrary to
the principles set forth in paragraph 1.
3. With respect to any existing internal tax which is
inconsistent with the provisions of paragraph 2 but which
is specifically authorized under a trade agreement, in
force on April 10, 1947, in which the import duty on the
taxed product is bound against increase, the contracting
party imposing the tax shall be free to postpone the -2- application of the provisions of paragraph 2 to such tax
until such time as it can obtain release from the obli-
gations of such trade agreement in order to permit the
increase of such duty to the extent necessary to compensate
for the elimination of the protective element of the tax.
4. The products of the territory of any contracting
party imported into the territory of any other contracting
party shall be accorded treatment no less favourable than
that accorded to like products of national origin in
respect of all laws, regulations and requirements affecting
their internal sale, offering for sale, purchase, trans-
portation, distribution or use. The provisions of this
paragraph shall not prevent the application of differential
internal transportation charges which are based exclusively
on the economic operation of the means of transport and
not on the nationality of the product.
No contracting party shall establish or maintain any
internal quantitative regulation relating to the mixture,
processing or use of products in specified amounts or
proportions which requires, directly or indirectly, that
any specified amount or proportion of any product which
is the subject of the regulation must be supplied from
domestic sources. Moreover, no contracting party shall
otherwise apply internal quantitative regulations in a
manner contrary to the principles set forth in paragraph 1.
6. The provisions of paragraph 5 shall not apply to any
internal quantitative regulation in force in the territory
of any contracting party on July 1, 1939, April 10, 1947,
or March 24, 1948, at the option of that contracting party;
Provided that any such regulation which is contrary to
the provisions of paragraph 5 shall not be modified to the
detriment of imports and shall be treated as a customs duty
for the purpose of negotiation.
7. No internal quantitative regulation relating to the
mixture, processing or use of products in specified amounts
or proportions shall be applied in such a manner as to
allocate any such amount or proportion among external
sources of supply.
8. (a) The provisions of this Article shall not apply
to laws, regulations or requirements governing the procure-
ment by governmental agencies of products purchased for
governmental purposes and not with a view to commercial
resale or with a view to use in the production of goods for
commercial sale.
(b) The provisions of this Article shall not prevent
the payment of subsidies exclusively to domestic producers,
including payments to domestic producers derived from the
proceeds of internal taxes or charges applied consistontly
with the provisions of this article and subsidies offected
through governmental purchases of domestic products.
9. The contracting parties recognize that internal
maximum price control measures , even though conferming to - 3 -
the other provisions of this Article, can have effects
prejudicial to the interests of contracting parties
supplying imported products. Accordingly, contracting
parties applying such measures shall take account of the
interests of exporting contracting parties with a view to
avoiding to the fullest practicable extent such prejudicial
effects.
10. The provisions of this article shall not prevent any
contracting party from establishing or maintaining internal
quantitative regulations relating to exposed cinematograph
films and meeting the requirements of Article IV."
B
The text of Article VI shall read:-
"Article VI
Anti-dumping and Countervailing Duties
1. The contracting parties recognize that dumping, by
which products of one country are introduced into the
commerce of another country at less than the normal value
of the products, is to be condemned if it causes or
threatens material injury to an established industry in
the territory of a contracting party or materially retards
the establishment of a domestic industry. For the
purposes of this Article, a product is to be considered as
being introduced into the commerce of an importing country
at less than its normal value, if the price of the product
exported from one country to another -
(a) is less than the comparable price, in the ordinary
course of trade, for the like product when
destined for consumption in the exporting country,
or,
(b) in the absence of such domestic price, is less
than either
(i) the highest comparable price for the like
product for export to any third country in
the ordinary course of trade, or
(ii) the cost of production of the product in the
country of origin plus a reasonable addition
for selling cost and profit.
Due allowance shall be made in each case for differences in
conditions and terms of sale, for differences in taxation,
and for other differences affecting price comparability.
2. In order to offset or prevent dumping, a contracting
party may levy on any dumped product an anti-dumping duty
not greater in amount than the margin of dumping in respect
of such product. For the purposes of this Article, the - 4 - margin of dumping is the price difference determined in
Accordance with the provisions of paragraph 1.
3. No countervailing duty shall be levied on any product
of the territory of any contracting party imported into the
territory of any other contracting party in excess of an
amount equal to the estimated bounty or subsidy determined
to have been granted, directly or indirectly, on the manu-
facture, production or export of such product in the country
of origin or exportation, including any special subsidy to
the transportation of a particular product. The term
"countervailing duty" shall be understood to mean a special
duty levied for the purpose of offsetting any bounty or
subsidy bestowed, directly or indirectly, upon the manu-
facture, production or export of any merchandise.
4. No product of the territory of any contracting party
imported into the territory of any other contracting party
shall be subject to anti-dumping or countervailing duty by
reason of the exemption of such product from duties or
taxes borne by the like product when destined for consumption
in the country of origin or exportation, or by reason of the
refund of such duties or taxes.
5. No product of the territory of any contracting party
imported into the territory of any other contracting party
shall be subject to both anti-dumping and countervailing
duties to compensate for the same situation of dumping or
export subsidization.
6. No contracting party shall levy any anti-dumping or
countervailing duty on the importation of any product of
the territory of another contracting party unless it
determines that the effect of the dumping or subsidization,
as the case may be is such as to cause or threaten material
injury to an established domestic industry, or is such as
to retard materially the establishment of a domestic
industry. The CONTRACTING PARTIES may waive the require-
ments of this paragraph so as to permit a contracting party
to levy an anti-dumping or countervailing duty on the
importation of any product for the purpose of offsetting
dumping or subsidization which causes or threatens material
injury to an industry in the territory of another contrac-
ting party exporting the product concerned to the territory
of the importing contracting party.
7. A system for the stabilization of the domestic price
or of the return to domestic producers of a primary
commodity, independently of the movements of export prices,
which results at times in the sale of the commodity for
export at a price lower than the comparable price charged
for the like commodity to buyers in the domestic market,
shall be presumed not to result in material injury within
the meaning of paragraph 6 if it is determined by consulta-
tion among the contracting parties substantially interested
in the commodity concerned that:
(a) the system has also resulted in the sale of the
commodity for export at a price higher than the
comparable price charged for the like commodity
to buyers in the domestic market, and - 5 - (b) the system is so operated, either because of the
effective regulation of production, or otherwise,
as not to stimulate exports unduly or otherwise
seriously prejudice the interests of other
contracting parties ."
C
The phrase "and to any internal regulation or require-
ment under paragraphs 3 and 4 of Article III"' in paragraph 5
of Article XIII shall be deleted.
D
The opening clause of paragraph 9 of Article XV shall
read: -
"9. Nothing in this Agreement shall preclude".
The text of article XVIII shall read:-
"Article, XVIII
Governmental Assistance to Economic Development and
Reconstruction
1. The contracting parties recognize that special govern-
mental assistance may be required to promote the establish-
ment, development or reconstruction of particular industries
or branches of agriculture, and that in appropriate cir-
cumstances the grant of such assistance in the form of
protective measures is justified. At the same time they
recognize that an unwise use of such measures would impose
undue burdens on their own economies and unwarranted
restrictions on international trade, and might increase
unnecessarily the difficulties of adjustment for the economies
of other countries.
2. The CONTRACTING PARTIES and the contracting parties
concerned shall preserve the utmost secrecy in respect of
matters arising under this article.
3. If a contracting party, in the interest of its economic
development or reconstruction, or for the purpose of increa-
sing a most-favoured-nation rate of duty in connection with
the establishment of a new preferential agreement in
accordance with the provisions of paragraph 3 of Article I,
considers it desirable to adopt any non-discriminatory
measure affecting imports which would conflict with an obli-
gation which the contracting party has assumed under
Article II of this Agreement, but which would not conflict
with other provisions in this Agreement, such contracting
party - 6 - (a) shall enter into direct negotiations with all
the other contracting parties. The appropriate
schedules to this Agreement shall be amended in
accordance with any agreement resulting from such
negotiations; or
(b) shall initially or may, in the event of failure
to reach agreement under sub-paragraph (a),
apply to the CONRACTING PARTIES. The CONTRAC-
TING PARTIES shall determine the contracting
party or parties materially affected by the
proposed measure and shall sponsor negotiations
between such contracting party or parties and
theapplicant contracting party with a view to
obtaining expeditious and substantial agreement.
The CONTRACTING PARTIES shall establish and
communicate to the contracting parties concerned
a tire schedule for such negotiations following
as far as practicable any time schedule which
may have been proposed by the applicant contrac-
ting party. The contracting parties shall
commence and proceed continuously with such
negotiations in accordance with the time schedule
established by the CONTRACTING PARTIES. At the
request of a contracting party, the CONTRACTING
PARTIES may, where they concur in principle with
the proposed measure, assist in the negotiations.
Upon substantial agreement being reached, the
applicant contracting party may be released by
the CONTRACTING PARTIES from the obligation
referred to in this paragraph, subject to such
limitations as may have been agreed upon in the
negotiations between the contracting parties
concerned.
4. (a) If as a result of action initiated under para-
graph 3 there should be an increase in imports of any
product concerned including products which can be directly
substituted therefor which if continued would be so great
as to jeopardize the establishment development or
reconstruction of the industry or branch of agriculture
concerned, and if no preventive measures consistent with
the provisions of this Agreement can be found which seem
likely to prove effective, the applicant contracting party
may, after informing, and when practicable consulting with,
the CONTRACTING PARTIES, adopt such other measures as the
situation may require, provided that such measures do not
restrict imports more than necessary to offset the
increase in imports referred to in this sub-paragraph;
except in unusual circumstances, such measures shall not
reduce imports below the level obtaining in the most
recent representative period preceding the date on which
the contracting party initiated action under paragraph 3.
(b) The CONTRACTING PARTIES shall determine, as soon
as practicable, wheth r any such measure should be con-
tinued, discontinued or modified. It shall in any case
be terminated as soon as the CONTRACTING PARTIES determine
that the negotiations are completed or discontinued. - 7 -
(c) It is recognized that the relationships between
contracting parties under Article II of this Agreement
involve reciprocal advantages, and therefore any contrac-
ting party whose trade is materially affected by the action
may suspend the application to the trade of the -applicant
contractin party of substantially equivalent obligations
or concessions under this Agreement provided that the
contracting party concerned has consulted the CONTRACTING
.PARTIES before taking such action and the CONTRACTING
PARTIES do not disapprove.
-B-
5. In the case of any non-discriminatory measure affec-
ting imports which would apply to any product in respect of
which the contracting party has assumed an obligation under
Article II of this Agreement and which would conflict
with any other provision of this Agreement the provisions
of sub-paragraph (b) of paragraph 3 shall apply; Provided
that before granting a release the CONTRACTING PARTIES
shall afford adequate opportunity for all contracting
parties which they determine to be materially affected to
express their views. The provisions of paragraph 4 shall
also be applicable in this case.
-C-
6. If a contracting party in the interest of its economic
development or reconstruction considers it desirable to
adopt any non-discriminatory measure affecting imports
which would conflict with the provisions of this Agreement
other than Article II, but which would not apply to any
product in respect of which the contracting party has
assumed an obligation under Article II, such contracting
party shall notify the CONTRACTING PARTIES and shall
transmit to the CONTRACTING PARTIES a written statement of
the considerations in support of the adoption., for a
specified period, of the proposed measure.
7. (a) On aplication by such contracting party the
CONTRACTING PARTIES shall concur in the proposed rneasure
and grant the necessary release for a specified period if,
having particular regard to the applicant contracting
party's need for economic development or reconstruction
it is established that the measure
(i) is designed to protect a particular industry
established between January 1, 1939 and March 24,
1948, which was protected during that period of
its development by abnormal conditions arising
out of the war; or
(ii) is designed to promote the establishment or
development of a particular industry for the
processing of an indigenous primary commodity,
when the external sales of such commodity have
been materially reduced as a result of new or
increased restrictions imposed abroad; or - 8 -
(iii) is necessary, in view of the possibilities and
resources of the applicant contracting party to
promote the establishment or development of a
Particular industry for the processing of an
indigenous primary commodity, or for the process-
ing of a by-product of such industry, which would
otherwise be wasted, in order to achieve a
fuller and more economic use of the applicant
contracting party's natural resources and manpower
and, in the long run, to raise the standard of
living within the territory of the applicant
contracting party, and is unlikely to have a
harmful effect, in the long run, on international
trade; or
(iv) is unlikely to be more restrictive of inter-
national trade than any other practicable and
reasonable measure pormitted under this Agree-
ment, which could be imposed without undue
difficulty, and is the one most suitable for the
purpose having regard to the economics of the
industry or branch of agriculture concerned and
to the applicant contracting party's need for
economic development or reconstruction
The foregoing provisions of this sub-paragraph arc subject
to the following conditions:
(1) any proposal by the applicant contracting party
to apply any such measure, with or without
modification, after the end of the initial period,
shall not be subject to the provisions of this
paragraph; and
(2) the CONTRACTING PARTIES shall not concur in any
measure under the provisions of (i), (ii) or
(iii) above which is likely to cause serious
prejudice to exports of a primary commodity on
which the economy of the terri tory of another
contracting party is largely dependent
(b) The applicant contracting party shall apply any
measure permitted under sub-paragraph (a) in such a way as
to avoid unnecessary damage to the commercial or economic
interests of any other contracting party.
8. If the proposed measure does not fall within the
provisions of paragraph 7, the contracting party
(a) may enter into direct consultations with the
contracting party or parties which, in its
judgment, would be materially affected by the
measure. At the same time, the contracting
party shall inform the CONTRACTING PARTIES of
such consultations in order to afford them an
opportunity to determine whether all materially
affected contracting parties are included within
the consultations. Upon complete or substantial
agreement being reached, the contracting party
intrested in taking the measure shall apply to - 9 -
the CONTRACTING PARTIES. The CONTRACTING
PARTIES shall promptly examine the application
to ascertain whether the interests of all the
materially affected contracting parties have
been duly taken into account. If the CONTRACTING
PARTIES reach this conclusion, with or without
further consultations between the contracting
parties concerned, they shall release the
applicant contracting party from its obligations
under the relevant provision of this (Agreement,
subject to such limtitations as the CONTRACTING
PARTIES may impose, or
(b) may initially, or in the event of failure to
reach complete or substantial agreement under sub.-
paragraph (a) , apply to the CONTRACTING PARTIES.
The CONTRACTING PARTIES shall promptly transmit
the statement submitted under paragraph 6 to
the contracting party or parties which are
determined by the CONTRACTING PARTIES to be
materially affected by the proposed measure.
Such contracting party or parties shall, within
the time limits prescribed by the CONTRACTING
PARTIES, inform then whether, in the light of
the anticipated effects of the proposed measure
on the economy of the territory of such con-
tracting party or parties, there is any objection
to the proposed measure. The CONTRACTING PARTIES
shall,
(i) if there is no objection to the proposed
measure on the part of the affected contrac-
ting, party or parties, immediately release
the applicant contracting party from its
obligations under the relevant provision of
this Agreement; or
(ii) if there is objection, promptly examine the
proposed measure, havin regard to the
provisions of this Agreement, to the con-
siderations presented by the applicant con-
tracting party and its need for economic
development or reconstruction, to the views
of the contracting party or parties determined
to be materially affected, and to the effect
which the proposed. measure, with or without
modification, is lilkely to have, immediately
and in the long run, on international trade,
and, in the long run, on the standard of
living within the territory of the applicant
contracting party If, as a result of such
examination, the CONTRACTING PARTIES concur
in the proposed measure, with or without
modification, they shall release the appli-
cant contracting party from its obligations
under the relevant provision of this Agreement,
subject to such limitations as they may impose. - 10 -
9. If , in anticipation of the concurrence of the
CONTRACTING PARTIES in the adoption of a measure referred
to in paragraph 6, there should be an increase or threatened
increase in the imports of any product concurned, including
products which can be directly substituted therefor, so
substantial as to jeopardize the establishment, dovelop-
ment or reconstruction of the industry or branch of
agriculture concerned, and if no preventive measures con-
sistont with this Agreement can be found which seem likely
to prove effective, the applicant contracting party may,
after informing, and when practicable consulting with, the
CONTRACTING PARTIES, adopt such other measures as the
situation may require, pending a decision by the CONTRACTING
PARTIES on the contracting party's application; Provided
that such measures do not reduce imports below the level
obtainin in the most recent represantative period
preceding the date on which notification was given under
paragraph 6.
10. The CONTRACTING PARTIES shall, at the earliest
opportunity but ordinarily within fifteen days aftor
receipt of an application under the provisions of para-
graph 7 or sub-paragraphs (a) or (b) of paragraph 8, advise
the applicant contracting party of the date by which it
will be notified whether or not it is released from the
relevant obligation. This shall be the earliest practicable
date and not later than ninety days after receipt of such
application; Provided that, if urforeseen difficulties
arise before the date set, the period may be extended
after consultation with the applicant contracting party.
If the applicant contracting party is not so notified by
the date set, it may, after informing the CONTRACTING
PARTIES, institute the proposed measure.
11. Any contracting party may maintain any non-discri-
minatory protective measure affecting imports in force on
September 1, 1947 which has been imposed for the establish-
ment, development or reconstruction of a particular
industry or branch of agriculture and which is not other-
wise permitted by this Agreement; Provided that notifi-
cation has been given to the other contracting parties not
later than October 10 1947 of such measure and of each
product on which it is to be maintained and of its nature
and purpose.
12. Any contracting party maintaining any such measure
shall within sixty days of becoming a contracting party
submit to the CONTRACTING PARTIES a statement of the con-
siderations in support of the maintenance of the measure and
the period for which it wishes to maintain it. The
CONTRACTING PARTIES shall as soon as possible, but in any
case within twelve months from the date on which such
contracting party becomes a contracting party, examine and
give a decision concerning the measure as if it had been
submitted to the CONTRACTING PARTIES for their concurrence
under paragraphs 1 to 10 inclusive of this Article.
13. The provisions of paragraphs 11 and 12 of this
Article shall not apply to any measure relating to a
product in respect of which the contracting party has - 11 -
assumed an obligation under Article II of this Agreement.
14. In cases where the CONTRACTING PARTIES decide that a
measure should be modified or withdrawn by a specified
date, they shall have regard to the possible need of a
contracting party for a period of time in which to make
such modification or withdrawal."
Sub-paragraph (b) and the designation "(a)" in
paragraph 5 of Article XXVI shall be deleted.
G
Interpretative Notes on Article III
(i) The following shall be inserted in Annex I
immediately after the interpretative notes relating to
Article II:-
"ad Article III
Any internal tax or other internal charge, or any
law, regulation or requirement of the kind referred to in
paragraph 1 which applies to an imported product and to
the like domestic product and is collected or enforced in
the case of the imported product at the time or point of
importation, is nevertheless to be regarded as an
internal tax or other internal charge, or a law, regulation
or requirement of the kind referred to in paragraph 1, and
is accordingly subject to the provisions of Article III.
Paragraph 1
The application of paragraph 1 to internal taxes
imposed by local governments and authorities within the
territory of a contracting party is subject to the provisions
of the final paragraph of article XXIV. The term
"reasonable measures" in the last-mentioned paragraph would
not require, for example, the repeal of existing national
legislation authorizing local governments to impose internal
taxes which, although technically inconsistent with the
letter of Article III are not in fact inconsistent with
its spirit, if such repeal would result in a serious
financial hardship for the local governments or authorities
concerned. With regard to taxation by local governments
or authorities which is inconsistent with both the letter
and spirit of Article III, the term "reasonable measures"
would permit a contracting party to eliminate the incon-
sistent taxation gradually over a transition period, if
abrupt action would create serious administrative and
financial difficulties.
Paragraph 2
A tax conforming to the requirements of the first
sentence of paragraph 2 would be considered to be incon-
sistent with the provisions of the second sentence only in - 12 -
cases where competition was involved between, on the one
hand, the taxed product and on the other hand, a directly
competitive or substitutable product which was not.
similarly taxed."
Paragraph 5
Regulations consistent with the provisions of the
first sentence of paragraph 5 shall not be considered to be
contrary to the provisions of the second sentence in any
case in which all of the products subject to the regulations
are produced domestically in substantial quantities. A
regulation cannot be justified as being consistent with the
provisions of the second sentence on the ground that the
proportion or amount allocated to each of the products
which are the subject of the regulation constitutes an
equitable relationship between imported and domestic
products."
(ii) The texts of the interpretative notes to
Article VI in Annex I shall read:-
"Ad Article VI
Paragraph 1
Hidden dumping by associated houses (that is, the sale
by an importer at a price below that corresponding to the
price invoiced by an exporter with whom the importer is
associated, and also below the price in the exporting
country) constitutes a form of price dumping with respect
to which the margin of dumping may be calculated on the
basis of the price at which the goods are resold by the
importer.
Paragraphs 2 and 3
Note 1
As in many other cases in customs administration, a
contracting party may require reasonable security (bond
or cash deposit) for the payment of anti-dumping or
countervailing duty pending final determination of the
facts in any case of suspected dumping or subsidization.
Multiple currency practices can in certain circumstances
constitute a subsidy to exports which may be met by counter-
vailing duties under paragraph 3 or can constitute a form
of dumping by means of a partial depreciation of a country's
currency which may be met by action under paragraph 2.
By "multiple currency practices" is meant practices by
governments or sanctioned by governments."
(iii) The following shall be inserted in Annex 1
immediately after the interpretative notes relating to
Article XVII: - 13 -
"ad Article XVIII
The clause referring to the increasing of a most-
favoured-nation rate in connection with a now preferential
agreement will only apply after the insertion in Article I
of the new paragraph 3 by the entry into force of the
amendment provided for in the Protocol Modifying Part I
and Article XXIX of the General Agreement on Tariffs and
Trade, dated September , 1948. "
Paragraph 7(a)(i) and (iii)
"The word "processing", as used in these sub-
paragraphs, means the transformation of a primary commo-
dity or of a by-product of such transformation into semi-
finished or finished goods but does not refer to highly
developed industrial processes."
2. This Protocol shall, following its signature at the
close of the Second Session of the CONTRCTING PARTIES, be
deposited with the Secretary-General of the United Nations.
3. The deposit of this Protocol will, as from the
date of deposit, constitute the deposit of the instrument
of acceptance of the amendment set out in paragraph 1
of this Protocol by any contracting party the representa-
tive of which has sinned this Protocol without any reser-
vation.
4, The instruments of acceptance of those contracting
parties which have not signed this Protocol, or which
have signed it with a reservation as to acceptance, will
be deposited with the Secretary-General of the United
Nations.
5. The amendment set out in paragraph 1 of this Protocol
shall, upon the deposit of instruments of acceptance
pursuant to paragraphs 3 and 4 of this Protocol by two-
thirds of the governments which are at that time contrac-
ting parties, enter into force in accordance with the
provisions of Article XXX of the Agreement.
6. The Secretary-General of the United Nations will
inform all interested governments of each acceptance of
the amendment set out in this Protocol and of the date
upon which such amendment enters into force.
7. The Secretary-General is authorized to effect regi-
stration of this Protocol at the appropriate time.
IN WITNESS WHEREOF the respective representatives, duly
authorized to that effect, have signed the present
Protocol. DONE, at Geneva, in a single English and a
single French copy, both texts authentic, this
day of September one thousand nine hundred and forty eight. - 1 -
PROTOCOL MODIFYING PART I AND ARTICLE XXIX OF
THE GENERAL AGREEMENT ON TARIFFS AND TRADE
The Governments of the Commonwealth of Australia,
the Kingdom of Belgium, the United States of Brazil,
Burma, Canada, Ceylon, the Republic 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, acting in their
capacity of contracting parties to the Genoral Agreement
of Tariffs and Trade (hereinafter referred to as the
Agreement),
Desiring to effect an amendment to the Agreement,
pursuant to the provisions of Article XXX thereof
HEREBY AGREE AS FOLLOWS:
1. The texts of Articles I, II and XXIX of the Agreement
and certain related provisions in Annexes A and I shall
be modified as follows:-
A
(i) The phrase "paragraphs 1 and 2 of Article III"
in paragraph 1 of Article I shall read: "para-
graphs 2 and 4 of Article III".
.(ii) The phrase "paragraph 3 of this Article" in para-
graph 2 of Article I shall read "paragraph 4 of
this Article".
(iii) Paragraph 3 of Article I shall be renumbered
paragraph 4 of that Article and the following
paragraph shall be inserted as a new paragraph 3
thereof:-
"3. The provisions of paragraph 1 shall not
apply to preferences between the countries
formerly a part of the Ottoman Empire and
detached from it on July 24, 1923, provided
such preferences are approved under sub.-
paragraph 5(a) of Article XXV which shall be
applied in this respect in the light of
paragraph 1 of Article XXIX".
B
The phrase "paragraph 1 of Article III" in paragraph
2(a) of Article II shall read "paragraph 2 of Article III".
C
The text of Article XXIX shall read:- - 2 -
"Article XXIX
The Relation of this Agreement to the Havana Charter
1. The contracting parties undertake to observe to
the fullest extent of their executive authority the general
principles of Chapters I to VI inclusive and of Chapter IX
of the Havana Charter pending their acceptance of it in
accordance with their constitutional procedures.
2. Part II of this Agreement shall be suspended on the
day on which the Havana Charter enters into force.
3. If by September 30, 1949, the Havana Charter has
not entered into force, the contracting parties shall meet
before December 31, 1949, to agree whether this Agreement
shall be amended, supplemented or maintained.
4. If at any time the Havana Charter should cease to
be in force, the contracting parties shall meet as soon as
practicable thereafter to agree whether this Agreement
shall be supplemented, amended or maintained. Pending
such agreement, Part II of this Agreement shall again enter
into force; Provided that the provisions of Part II other
than Alrticle XXIII shall be replaced, mutatis mutandis, in
the form in which they then appeared in the Havana Charter;
and Provided further that no contracting party shall be
bound by any provision which did not bind it at the time
when the Havana Charter ceased to be in force.
5. If any contracting party has not accepted the Havana
Charter by the date upon which it enters into force, the
contracting parties shall confer to agree whether, and if
so in whet way, this Agreement insofar as it affects
relations between such contracting party and other con-
tracting parties, shall be supplemented or amended.
Pending such agreement the provisions of Part II of this
Agreement shall, notwithstanding the provisions of para-
graph 2 of this Article, continue to apply as between
such contracting party and other contracting parties.
6. Contracting parties which are Members of the Inter-
national Trade Organization shall not invoke the provisions
of this agreement so as to prevent the operation of any
provision of the Havana Chartor. The application of the
principle underlying this paragraph to any contracting
party which is not a Member of the International Trade
Organization shall be the subject of an agreement pursuant
to paragraph 5 of this Article."
D
The following paragraph shall be added at the con-
clusion of Annex A relating to Article I:-
"The Dominions of India and Pakistan have not
been mentioned separately in the above list since
they had not dome into existence as such on the
base date of April 10, 1947". - 3 -
E
(i) The phrase "paragraphs 1 and 2 of Article III"
in the interpretative note to paragraph 1 of Article I in
Annex I shall read "paragraphs 2 and 4 of article III" .
(ii) The following new paragraph shall be inserted
at the end of the interpretative note to paragraph 1 of
Article I in Annex I:
"The cross references, in the paragraph imme-
diately above and in paragraph 1 of Article I, to
paragraphs 2 and 4 of article III shall only apply
after Article III has been modified by the entry into
force of the amendment provided for in the Protocol
Modifying Part II and Article XXVI of the General
Agreement on Tariffs and Trade, dated September
1948".
(iii) The heading "Paragraph 3" in the interpretative
note to Article I in Annex I shall read: "Paragraph 4".
(iv) The following shall be inserted in annex I
immediately after the heading "ad Article II":
"Paragraph 2 (a)
The cross reference, in paragraph 2 (a) of
Article II, to paragraph 2 of Article III shall only
apply after Article III has been modified by the
entry into force of the amendment provided for in the
Protocol Modifying Part II and Article XXVI of the
General Agreement on Tariffs and Trade, dated
September , 1948".
(v) The text of the interpretative note to paragraph 4
of Article II in Annex I shall read:
"Paragraph 4
Except where otherwise specifically agreed
between the contracting parties which initially
negotiated the concessions the provisions of this
paragraph will be applied in the light of the provisions
of Article 31 of the Havana Charter".
(vi) The following interpretative note shall be
inserted in Annex I immediately after the interpretative
note to article XXVI:
"ad Article XXIX
Paragraph 1
Chapters VII and VIII of the Havana Charter have
been excluded from paragraph 1 because they generally
deal with the organization, functions and procedures
of the International Trade Organization". 2. This Protocol shall, following its signature at the
close of the Second Session of the Contracting Parties,
be deposited with the Secretary-General of the United Nations.
3. The deposit of this Protocol will, as from the date
of deposits constitute the deposit of the instrument of
acceptance of the amendment set out in paragraph 1 of this
Protocol by any contracting party the representative of
which has signed this Protocol without any reservation.
4. The instruments of acceptance of those contracting
parties which have not signed this protocol, or which have
signed it with a reservation as to acceptance, will be
deposited with the Secretary-General of the United Nations.
5. The amendment set out in paragraph 1 of this ?rotocol
shall, upon the deposit of instruments of acceptance
pursuant to paragraphs 3 and 4 of this Protocol by all the
governments which are at that time contracting parties,
enter into force in accordance with the provisions of
Article XXX of the agreement.
6. The Secretary-General of the United Nations will
inform all interested governments of each acceptance of the
amendment set out in this Protocol and of the date upon
which such amendment enters into force.
7. The Secretary-General is authorized to effect regi-
stration of this Protocol at the appropriate time.
IN WITNESS WHEREOF the respective representatives, duly
authorized to that effects have signed the present Protocol.
DONE, at Geneva, in a single English and a single French
copy, both texts authentic, this day of September
one thousand nine hundred and forty eight. |
GATT Library | cq971xd3380 | Signature of protocols and declaration | General Agreement on Tariffs and Trade, March 24, 1948 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 24/03/1948 | official documents | GATT/1/62 and GATT/1/59+Add.1,2 60-63 | https://exhibits.stanford.edu/gatt/catalog/cq971xd3380 | cq971xd3380_90310346.xml | GATT_147 | 5,413 | 34,605 | RESTRICTED
GATT/1/62
24 March 1948
ORIGINAL: ENGLISH
GENERAL AGREEMENT ON TARIFFS AND TRADE
FIRST SESSION OF THE CONTRACTlNG PARTIES
SIGNATUE OF PROTOCOLS AND DECLARATION
With reference to Documents GATT/1/53 and GATT/1/60, there are circulated
herewith the texts of the following documents which will be submitted for
signature on Wednesday, March 24, in the morning in the course of the final
plenary session of the United Nations Conferece on Trade and Employment
1. Protocol Modifying Certain Provisions of the General Agreement
on Tariffs and Trade;
2. Declaration (concerning supersession of the General Agreement
on Tariffs and Trade by the Havana Charter);
3. Protocol Relating to the Modification of Article XXIV of the
General Agreement on Tariffs and Trade;
4. Special Protocol Modifying Article XIV of the General Agreement
on Tariffs and Trade.
The final text of the Protocol incorporating rectifications of the
General Agreement on Tariffs and Trade is being circulated under another
document symbol.
In the event that one of the contracting parties is unable to sign the
Protocol modifying certain provisions of the General Agreement on Tariffs
and Trade, (Item 1 above), this Protocol and that relating to Article XXIV will
be withdrawn and a new Protocol covering the substance of both of these will
be open for signature later in the day. An announcement will be made from
the Chair if this procedure should prove necessary in this connection before
signature takes place. PROTOCOL MODIFYING CERTAIN PROVISIONS OF THE
GENERAL AGREEMENT ON TARIFFS AND TRADE
The Governments of the Commonwealth of Australia, the Kingdom of
Belgium, Canada, the Republic of Cuba, the French Republic, the
Grand-Duchy of Luxemburg, the Kingdom of the Netherlands, the
United Kingdom of Great Britain and Northern Ireland, and the
United States of America, acting in their capacity of contracting
parties to the General Agreement on Tariffs and Trade, and
The Governments of the United States of Brazil, Burma, Ceylon,
the Republic of Chile, the Republic of China, the Czechoslovak Republic,
India, Lebanon, New Zealand, the Kingdom of Norway, Pakistan,
Southern Rhodesia, Syria, and the Union of South Africa, acting in their
capacity of signatories to the Final Act adopted at the conclusion of
the Second Session of the Preparatory Committee of the United Nations
Conference on Trade and Employment which authenticated the text of the
General Agreement on Tariffs and Trade,
BEING DESIROUS of modifying the text of certain provisions of the
General Agreement on Tariffs and Trade, in the light of the text of
the Havana Charter for an International Trade Organization, which was
authenticated by the Final Act of the United Nations Conference on
Trade and Employment,
HEREBY AGREE as follow:
I. Paragraph 5 of Article XXV of the General Agreement on Tariffs and
Trade shall read as follow:
"5. (a) In exceptional circumstances not elsewhere provided for
in this Agreemet, the CONTRACTING PARIES may waive an
obligation imposed upon a contracting party by this Agreement;
Provided that any such decision shall be approved by a
two-thirds majority of the votes cast and that such majority
shall comprise more than half of the contracting parties.
The CONTRACTING PARTIES may also by such a vote
(i) define certain categories of exceptional
circumstances to which other voting
requirements shall apply for the waiver
of obligations, and
(ii) prescribe such criteria as may be necessary
for the application of this sub-paragraph, -2-
(b) if any contracting party has failed without sufficient
Justification to carry out with another contracting party
negotiations of the kind described in paragraph 1 of
Article 17 of the Havana Charter, the CONTRACTING PARTES
may, upon complaint and after investigation, authorize the
complaining contracting party to withhold from the other the
concessions incorporated in the relevant Schedule to this
Agreement. In any Judgment as to whether a contracting party
has so failed, the CONTRACTING PARTIES shall have regard to
all relevant circumstances, including the developmental,
reconstruction and other needs and the general fiscal structures
of the contracting parties concerned and to the provisions of
the Havana Charter as a whole. If in fact the concessions
referred to are withheld, so as to result in the application
to the trade of the other contracting party of tariffs higher
than would otherwise have been applicable, such other
contracting party shall then be free, within sixty days after
such action becomes effective, to give written notice of
withdrawal from the Agreement. The withdrawal shall taker
effect upon the expiration of sixty days from the day on
which such notice is received by the CONTRACTING PARTIES.
(c) The provisions of sub-paragraph (b) shall not apply as
between any two contracting parties the Schedules of which
contain concessions initially negotiated between such
contracting parties.
(d) The provisions of sub-paragraphs (b) and (c) shall not
apply until January 1, 1949."
II. Paragraph 1 of Article XXXII of the General Agreement on Tariffs and
Trade shall read as follows:
"The contracting parties to this Agreement shall be understood
to mean those governments which are applying the provisions of this
Agreement under Articles XXVI or XXXIII or pursuant to the
Protocol of Provisional Application."
III. Article XXXIII of the General Agreement on Tariffs and Trade shalI
read as follows:
"A government not party to this Agreement, or a government
acting on behalf of a separate customs territory possessing full
autonomy in the conduct of its external commercial relations and of the other. matters provided for in this Agreement, may accede to
this Agreement, on its own behalf or on behalf of that territory,
on terms to be agreed between such government and the COTRACTING
PARTES. Decisions of the CONTRACTING PARTIES under this paragraph
shall be taken by a two-thirds majority."
IV. The following Article shall be Inserted in the General Agreement on
Tariffs and Trade after Article XXXIV:
"Article XXXV
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, this Agreement, or alternatively
Article II of this Agreement, shall not apply as between any
contracting party and any other contracting party if:
(a) the two contracting parties have not entered into tariff
negotiations with each other, and
(b) either of the contracting 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."
V. Notwithatanding the provisions of Article XXX of the General Agreement
on Tariffs and Trade, the modifications provided for in Sections I to IV,
inclusive, of this Protocol shall become an integral part of the
General Agreement on Tariffs and Trade, on April 15, 1948.
Signature of this Protocol by any government which is not at the
time of signature a contracting party to the General Agreement on Tariffs
and Trade shall serve to authenticate the texts of the modifications of
the General Agreement on Tariffs and Trade provided for in this Protocol.
This Protocol shall remain open for signature by any such government,
named in the second paragraph of the preamble to this Protocol, until
may 1, 1948.
The original of this Protocol shall be deposited with the
Secretary-General of the United Nations, who is authorized to effect
registration thereof.
IN WITNESS WHEREOF the respective representatives, duly authorized,
have signed the present Protocol. DONE at Havana, in a single copy, in the English and French
languages, both texts authentic, this twenty-fourth day of March, 1948. DECLARATION
The Governments of the Kingdom of Belgium, the United States of
Brazil, Burma, Canada, Ceylon, the Republic of Chile, the Republic of
Cuba, the French Republic, india, Lebanon, the Grand-Duchy of Luxemburg,
the Kingdom of the Netherlands, New Zealand, the Kingdom of Norway,
Pakistan, Syria, the United Kingdom of Great Britain and Northern Ireland,
and the United States of America,
TAKING NOTE of the provisions of sub-paragraph 2 (a) of Article XXIX
of the General Agreement on Tariffs and Trade, whereby within sixty days
of the closing of the United Nations Conference on Trade and Employment
any contracting party may lodge with the other contracting parties an
objection to any provision or provisions of Article I or of Part II of
the General Agreement on Tariffs and Trade being suspended and superseded
by the corresponding provisions of the Havana Charter on the day on which
the Charter comes into force,
HEREBY DECLARE that they will not lodge any such objection to the
suspension and supersession of paragraphs 1 and 2 of Article I and
Part II of the General Agreement on Tariffs and Trade.
The original of this Declaration shall be deposited with the
Secretary-General of the United Nations, who is authorized to effect
registration thereof.
IN WITNESS WHEREOF the respective representatives, duly authorized,
have signed the present Declaration.
DONE at Havana, in a single copy, in the English and French languages,
both texts authentic, this twenty-fourth day of March, 1948. SPECIAL PROTOCOL RELATING TO ARTICLE XXIV OF THE
GENERAL AGREEMENT ON TARIFFS AND TRADE
The Goverments of the Kingdom of Belgium, Canada, the Republic
of Cuba, the French Republic, the Grand-Duchy of Luxemburg, the
Kingdom of the Netherlands, the United Kingdom of Great Britain and
Northern Ireland, and the United States of America, which are
provisionally applying the General Agreement on Tariffs and Trade
pursuant to the Protocol of Provisional Application,
HAVING APPROVED the amendment to Article XXIV of the General
Agreement on Tariffs and Trade which was drawn up at the First
Session of the CONTRACTING PARTIES to that Agreement and which reads
as follows:
"I Article XXIV of the General Agreement on Tariffs and Trade shall
read as follows:
"ARTICLE XXIV
TERRITORIAL APPLICATION - FRONTIER TRAFFIC - CUSTOMS UNIONS
AND FREE-TRADE. AREAS
"1. The provisions of this Agreement shall apply to the metropolitan
customs territories of the contracting parties and to any other
customs territories-in respect of which this Agreement has been
accepted under Article XXVI or is being applied under Article t XXXIII
or pursuant to the Protocol of Provisional Application. Each such
customs territory shall, exclusively for the purposes of the
territorial application of this Agreement, be treated as though it
were a contracting party; Provided that the provisions of this
paragraph shall not be construed to create any rights or obligations
as between two or more customs territories in respect of which this
Agreement has been accepted under Article XXVI or is being applied
under Article XXXIII or pursuant to the Protocol of Provisional
Application by a single contracting party.
'2. For the purposes of this Agreement a customs territory shall be
understood to mean any territory with respect to which separate tariffs
or other regulations of carnmerce are maintained for a substantial
part of the trade of such territory with other territories.
"3. The provisions of this Agreement shall not be construed to
prevent:
(a) advantages accorded by any contracting party to adjacent
countries in order to facilitate frontier traffic; -2-
(b) advantages accorded to the trade with the Free Territory
of Trieste by countries contiguous to that territory,
provided that such advantages are not in conflict with
the Treaties of Peace arising out of the Second World War,
"4. The contracting parties recognize the desirability of increasing
freedom of trade by the development, through voluntary agreements, of
closer integration between the economies of the countries parties
to such agreements. They also recognize that the purpose of a
customs union or of a free-trade area should be to facilitate trade
between the parties and. not to raise barriers to the trade of other
contracting parties with such parties.
"5. Accordingly, the provisions of this Agreement shall not prevent,
as between the territories of contracting parties, the formation of
a customs union or of a free-trade area or the adoption of an
interim agreement necessary for the formation of a customs union
or of a free-trade area; Provided that:
(a) with respect to a customs union, or an interim agreement
leading to the formation of a customs union, the duties and
other regulations of commerce imposed at the institution of
any such union or interim agreement in respect of trade with
contracting parties not parties to such union or agreement
shall not on the whole be higher or more restrictive than the
general incidence of the duties and regulations of commerce
applicable in the constituent territories prior to the
formation of such union or the adoption of such interim agreement
as the case may be;
(b) with respect to a free-trade area, or an interim agreement
leading to the formation of a free-trade area, the duties and
other regulations of commerce maintained in each of the
constituent territories and applicable at the formation of
such free-trade area or the adoption of such interim agreement
to the trade of contracting parties not included in such area
or not parties to such agreement shall not be higher or more
restrictive than the corresponding duties and other regulations
of commerce existing in the same constituent territories prior
to the formation of the free-trade area, or interim agreement,
as the case may be; and
(c) any interim agreement referred to in sub-paragraphs (a)
and (b) shall include a plan and schedule for the. formation
of such a customa union or of such a free-trade area within a
reasonable length of time. -3-
"6. If in fulfilling the requirements of sub-paragraph 5 (a), a
contracting party proposes to increase any rate of duty inconsistently
with the provisions of Article II, the procedure set forth in
Article XXVIII shall apply. In providing for compensatory adjustment,
due account shall be taken of the compensation already afforded by
the reductions brought about in the corresponding duty of the other
constituents of the union.
"7. (a) Any contracting party deciding to enter into a customs
union or free-trade area, or an interim agreement leading to
the formation of such a union or area, shall promptly notify
the CONTRACTING PARTIES and shall make available to them such
information regarding the proposed union or area as will enable
them to make such reports and recommendations to contracting
parties as they may deem appropriate.
(b) If, after having studied the plan and schedule provided for
in an interim agreement referred to in paragraph 5 in
consultation with the parties to that agreement and taking due
account of the information made available in accordance with
the provisions of sub-paragraph (a), the CONTRACTING PARTIES
find that such agreement is not likely to result in the
formation of a customs union or of a free-trade area within
the period contemplated by the parties to the agreement or that
such period is not a reasonable one, the CONTRACTING PARTIES
shall make recommendations to the parties to the agreement. The
parties shall not maintain or put into force, as the case may be,
such agreement if they are not prepared to modify it in
accordance with these recommendations.
(c) Any substantial change in the plan or schedule referred to
in paragraph 5 (c) shall be communicated to the CONTRACTING PARTIES,
which may request the contracting parties concerned to consult
with them if the change seems likely to Jeopardize or delay
unduly the formation of the customs union or of the free-trade
area.
"8. For the purposes of this Agreement:
(a) A customs union shall be understood to mean the substitution
of a single customs territory for two or more customs territories,
so that
(i) duties and other restrictive regulations of commerce
(except, where necessary, those permitted under
Articles XI, XII, XIII, XIV, XV and XI) are eliminated with respect to substantially all the trade
between the constituent territories of the union or
at least with respect to substantially all the trade in
products orginating in such territories, and,
(ii) subject to the provisions of paragraph 9, substantially
the same duties and, other regulations of commerce are
applied by each of the members of the union to the
trade of territories not included in the union;
(b) A free-trade area shall be understood. to mean a group of
two or more customs territories in which the duties and other
restrictive regulations of commerce (except, where necessary,
those permitted under Articles XI, XII, XIII, XV, XV and XX)
are eliminated on substantially all, the trade between the
constituent territories in products originating in such
territories.
"9. The preferences referred to in paragraph 2 of Article I shall not
be affected by the formation of a customs union or of a free-trade
area but may be eliminated or adjusted by means of negotiations with
contracting parties affected This procedure of negotiations with
affected contracting parties shall, in particular, apply to the
elimination of preferences required to conform with the provisions
of paragraph 8 (a) (i) and paragraph 8 (b).
"10. The CONTRACTING PARTIES may by a two-thirds majority approve
proposals which do not fully comply with the requirements of
paragraphs 5 to 9 inclusive, provided that. such proposals lead to
the formation of a customs union or a free-trade area in the sense
of this Article.
"ll. Taking into account the exceptional circumstances arising out
of the establishment of Inadia and Pakistan as independent states
and recognizing the fact that they have long constituted an economic
unit, the contracting parties agree that the provisions of this
Agreement shall not prevent the two countries from entering into
special arrangements with respect to the trade between them, pending
the establishment of their mutual trade relations on a definitive
basis.
"12. Each contracting party shall take such reasonable measures as
may be available to it to ensure observance of the provisions of
this Agreement by the regional and local governments and authorities
within its territory."
.4_ "II. The interpretative Notes to Article XXIV in Annex I of the
General Agreement on Tariffs and Trade shall read as follows:
"ad Article XXIV
It is understood that the provisions of Article I would require
that, when a product which has been imported into the territory of a
member of a customs union or free-trade area at a preferential rate
of duty is re-exported to the territory of another member of such
union or area, the latter member should collect a duty equal to the
difference between the duty already paid and the most-favoured-nation
rate.
"Paragraph II
Measures adopted by India and Pakistan in order to carry out
definitive trade arrangements between them, once they have been agreed
upon, might depart from particular provisions of this Agreement,
but these measures would in general be consistent with the objectives
of the Agreement."
CONSIDERING that, in accordance with Article XXX of the General
Agreement on Tariffs and Trade, the aforesaid amendment will become
effective, in respect of those contracting parties which accept it,
upon acceptance by two-thirds of the contracting parties,
AGREE to deposit before June 1, 1948 their instruments of
acceptance of the aforesaid amendment with the Secretary-General
of the Unted Nations.
The original of this Protocol shall be deposited with the
Secretary-General of the United. Nations, who is authorized to effect
registration thereof.
IN WITNESS WHEREOF the respective representatives, duly
authorized, have signed the present Protocol.
DONE at Havana, in a single copy, in the English and French
languages, both texts authentic, this twenty-fourth day of March, 1948,
-5- SPECIAL PROTOCOL MODIFYING ARTICLE XIV OF THE
GENERAL AGREEMENT ON TARIFFS AND TRADE
The Governments of the Commonwealth of Australia, the Kingdom of
Belgium, Canada, the Republic of Cuba, the French Republic, the
Grand-Duchy of Luxemburg, the Kingdom of the Netherlands, the
United Kingdom of Great Britain and Northern Ireland, and the
United States of America, acting in their capacity of contracting
parties to the General Agreement on Tariffs and Trade,
The Governments of the United States of Brazil, Burma, Ceylon,
the Republic of Chile, the Republic of China, the Czechoslovak Republic,
India, Lebanon, New Zealand, the Kingdom of Norway, Pakistan,
Southern Rhodesia, Syria, and the Union of South Africa, acting in
their capacity of sigatories to the Final Act adopted at the
conclusion of the Second Session of the Preparatory Committee of the
United Nations Conference on Trade and Employment which authenticated
the text of the General Agreement on Tariffs and Trade,
BEING DESIROUS of modifying the text of Article XIV of the General
Agreement on Tariffs and Trade, in the light of the text of the Havana
Charter for an International Trade Organization which was authenticated
by the Final Act of the United Nations Conference on Trade and
Employment,
HEREBY AGREE as follows:
I. On and after January 1, 1949, Article XIV of the General Agreement
on Tariffs and Trade shall read as follows:
"Article XIV
Exceptions the Rule of Non-discrimination
"1. (a) The contracting parties recognize that the aftermath of the
war has brought difficult problems of economic adjustment which do not
permit the immediate full achievement of non-discriminatory
administration of quantitative restrictions and therefore require
the exceptional transitional period arrangements set forth in this
paragraph.
(b) A contracting party which applies restrictions under
Article XII may, in the use of such restrictions, deviate from the
provisions of Article XIII in a manner having equivalent effect to
restrictions on payments and transfers for current international
transactions which that contracting party may at that time apply under
Article XIV of the Articles of Agreement of the International Monetary Fund -2-
or under an analogous. provision of a special excange agreement entered
into pursuant to paragraph 6 of Article* if,
(c) A contracting party vhich is applying restrictions under
Article XII and which an March 1, 1948 was applying import restrictions
to safeguard its balance of payments in a maner which dceviated'from
the rules of non-discrimination set forth in Article XIII may, to the
extent that such deviation would not bave been authorized on that date
by sub-paragraph (b), continue so to deviate, and. may adapt such
deviation to changing circumstances,
(d) Any contracting party which before July 1., 1948 has signed the
Protocol of Provis±i. Application agreed upat at Geneva on'
October 30, 1947 and. which by such signature ha£; provisionally accepted
the principles of paragraph 1 of Article 23 of the Drafit Charter
submitted co the United Nations Conference on. Trade and Employment
by the Preparatcry Comittee, may elect, by written.notice to the
CCNMACTIM PARTIES before January 1, 1949, to be governed by the.
provisions of Annex J of this Agreement, which embodies. such principles,
izi lieu of the provisions of sub-paragraphs (b) and (c) of this
paragraph. The provisions of sub-paragraphs (b) and (c) shall not
be applicable to contracting parties which have so elected. to be.
governed by the provisions of Annex J;. and conversely, the provisions
of Annex J shall not be applicable to contracting parties which have
not so elected.
(e) The policies applied in the use of import restrictions
under sub-paragraphs (b) and (c) or under Annex J in the postwar
transitional period shall be designed. to promote the mard.im
development of multilateral trade possible during that period and to
expedite the attainment of a balancesof-payments position which will
no longer require resort to the provisions of Article XII or ta
transitional exchange arrangements.
(f) A cantracting.party may deviate from the provisions of
Article X-II, pursuant to sub-paragraphs (b) or (c) of this paragraph
or pursuant to Annex J, only so long as it is availing itself of the
post-war transitional period arrangements under Artic.le X1Y of the
Articles of Agreement of the International Monetary Fund, or of
an analogous provision of a special exchange agreement entered into
under paragraph 6 of Article if.
(g) Not later than Mrch 1, 1950 (three years after the date
on which the International Monetary Fund began operations) and in
each year thereafter, the COACXT33G PARTIES shall report on ay -3-
action still being taken by contracting parties under sub-paragraphs (b)
and (c) of this paragraph or under Annex J. In March 1952, and in
each year thereafter, any contracting party still entitled to take
action under the provisions of sub-paragraph (c) or of Annex J shall
consult the CONTRACTING PARTIES as to any deviations from Article XIII
still in force pursuant to such provisions and as to its continued
resort to such provisions. After March 1, 1952 any action under
Annex J going beyond the maintenance in force of deviations on which
such consultation has taken place and which the CONTRACTING PARTIES
have not found unjustifiable, or their adaptation to changing
circumstances, shall be subject to any limitations of a general
character which the CONTRACTING PARTIS may prescribe in the light
of the contracting party's circumstances.
(h) The CONTRACTING PARTIES may, if they deem such action necessary
in exceptional circumstances, make representations to any contracting
party entitled to take action under the provisions of sub-paragraph (c)
that conditions are favourable for the termination of any particular
deviation from the provisions of Article XIII, or for the general
abandonment of deviations, under the provisions of that
sub-paragraph. After March 1, 1952, the CONTRACTING PARTIES may make
such representations, in exeptional circumstances, to any contracting
Party entitled to take action under Annez J. The contracting party
shall be given a suitable time to reply to such representations. If
the CONTRACTING PARTIES find that the contracting party persists in
unjustifiable deviation from the provisions of Article XIII, the
contracting party shall, within sixty days, limit or terminate such
deviations as the CONTRACTING PARTIES may specify.
"2. Whether or not its transitional period arrangements have terminated
pursuant to paragraph 1 (f), a contracting party which is applying
import restrictions under Article XII may, with the consent of the
CONTRACTING PARTIES, temporarily deviate from the provisions of
Article XIII in respect of a small part of its external trade where
the benefits to the contracting party or contracting parties concerned
substantially outweigh any injury which may result to the trade of
other contracting parties.
"3. The provisions of Article XIII shall not preclude restrictions in
accordance with the provisions of Article XII which either
(a) are applied against imports from other countries, but not
as among themselves, by a group of territories having a
common quota in the International Monetary fund, on condition -4-
that such restrictions are in all other respects consistent
with the provisions of Article XIII, or
(b) assist, in the period until December 31, 1951, by measures
not involving substantial departure from the provisions of
Article XIII, another country whose economy has been disrupted
by war.
"4. A contracting party applying import restrictions under Article XII
shall not be precluded by Articles XI to XV, inclusive, of this
Agreement from. applying measures to direct its exports in such a manner
as to increase its earnings of currencies which it can use without
deviation from the provisions of Article XIII.
"5. A contracting party shall not be precluded by Articles XI to XV,
inclusive, of this Agreement from applying quantitative restrictions
(a) having equivalent effect to exchange restrictions authorized
under Section 3 (b) of Article VII of the Articles of
Agreement of the International Monetary Fund; or
(b) under the preferential arrangements provided for in Annex A
of this Agreement, pending the outcome of the negotiations
referred to therein."
II. On and after January 1, 1949, the Interpretative Notes to
Article XIV in Annex I of the General Agreement on Tariffs and Trade
shall read as follows:
"ad Article XIV
The provisions of paragraph I (g) shall not authorize the
CONTRACTING PARTIES to require that the procedure of consultation
be followed for individual transactions unless the transaction is of
ac large a scope as to constitute an act of general policy. In that
event, the CONTRACTING PARTIES shall, if the contracting party so
requests, consider the transaction, not individually, but in relation
to the contracting party's policy regarding imports of the product
in question taken as a whole.
"Paragraph 2GRAPH2
Cne of the situations contemplated in paragraph 2 is that of a
contracting party holding balances acquired as a result of current
transactions which it finds itself unable to use without a measure
of disariminntion."
III. On and after January 1, 1949, the followinx Anne shall be added
to the General Agreement on Tariffsraand Tade: -5-
Exceptions to the Rule of Non-discrimination
(Applicable to contracting parties who so elect, in accordance with
paragraph 1 (d) of Article XIV, in lieu of paragraphs 1 (b) and 1 (c) of
Article XIV.)
"1. (a) A contracting party applying import restrictions under
Article XII may relax such restrictions in a manner which departs from
the provisions of Article XIII to the extent necessary to obtain
additional imports above the maximum total of imports which it could
afford in the light of the requirements of paragraphs 3 (a) and 3 (b)
of Article XII if its restrictions were fully consistent with the
provisions of Article XIII Provided that
(i) levels of delivered prices for products so imported are not
established substantially higher than those ruling for
comparable goods regularly available from other contracting
parties, and that any excess of such price levels for products
so imported is progressively reduced over a reasonable period;
(ii) the contracting party taking such action does not do so as
part of any arrangement by which the gold or convertible
currency which the contracting party currently receives
directly or indirectly from its exports to other contracting
parties not party to the arrangement is appreciably reduced
below the level it could otherwise have been reasonably
expected to attain;
(iii) such action does not cause unnecessary damage to the commercial
or economic interests of any other contracting party;
(b) Any contracting party taking action under this paragraph
shall observe the principles of sub-paragraph (a). A contracting party
shall desist from transactions which prove to be inconsistent with that
sub-paragraph but the contracting party shall not be required to
satisfy itself, when it is not practicable to do so, that the
requirements of that sub-paragraph are fulfilled in respect of
individual transactions.
"2. Any contracting party taking action under paragraph 1 of this
Annex shall keep the CONTRACTING PARTIES regularly informed regarding
such action and shall provids such available relevant information as
the CONTRACTING PARTIES may request.
"3. If at any time the CONTRACTING PARTIES find that import restrictions
are being applied by a contracting party in a discriminatory manner -6-
inconsistent with the exceptions provided for under paragraph 1 of
this Annex, the contracting party shall, within sixty days, remove
the discrimination or modify it as specified by the CONTRACTING PARTIES;
Provided that any action under paragraph 1 of this Annex, to the extent
that it has been approved by the CONTRACTING PARTIES at the request of
a contracting party under a procedure analogous to that of paragraph 4 (c
of Article XII, shall not be open to challenge under this paragraph or
under paragraph 4 (d) of Article XII on the ground that it is inconsisten
with the provisions of Article XIII.
"Interpretative Note to Annex J
"It is understood that the fact that a contracting party is operating
under the provisions of Part II (a) of Article XX does not preclude
that contracting party from operation under this Annex, but that the
provisions of Article XIV (including this Annex) do not in any way limit
the rights of contracting parties under Part II (a) of Article XX."
IV. This Protocol shall remain open for signature at the Headquarters
of the United Nations until June 1, l948 on behalf of any government
named in the preamble of this Protocol which has not signed it on this
day,
V. Notwithstanding the provisions of Article XXX of the General
Agreement on Tariffs and Trade, this Protocol shall enter into force
on the day on which it has been signed by all the governments which are
at that time contracting parties of the General Agreement on Tariffs and
Trade.
Signture of this Protocol by any government which is not at the
time of signature a contracting party to the General Agreement on Tariffes
and Trade shall serve to authenticate the texts of the modifications
of the General Agreement on Tariffs and Trade provided for in this
Protocol.
The original of this Protocol shall be deposited with the Secretary
General of the United Nations, who is authorized to effect registration
thereof.
IN WITNESS WHEREOF the respective representatives, duly authorized,
have signed the present Protocol.
DONE at Havana, in a single copy, in the English and French
languages, both texts authentic, this twenty-fourth day of March, 1948. |
GATT Library | cx863sv2589 | Sixth Committee: Organization : Addendum to Part I of draft report | United Nations Conference on Trade and Employment, March 10, 1948 | 10/03/1948 | official documents | E/CONF.2/C.6/103/Add.3 and E/CONF.2/C.6/103/ADD.2-112C.6/SR.1-7/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/cx863sv2589 | cx863sv2589_90050041.xml | GATT_147 | 231 | 1,643 | United Nations Nations Unies UNRESTRICTED E/CONF.2/C.6/103/
CONFERENCE CONFERENCE Add.3d
ON DU 10 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXITH COMMITTEE: ORGANIZATION
ADDENDUM TO PART I OF DRAFT REPORT.
1. Add the following comment under the comments upon Article 1:
The delegation of Argentina reserved the right to present to a
plenary session of the Conference the following amendment to be a
new paragraph 6 in the statement of objectives:
"6. To further the recognition of the worker's right
(a) to work;
(b) to receive a feir wage;
(c) to receive training;
(d) to proper working conditions;
(e) to conditions not injurious to health;
(f) to comfort and wellbeing;
(g) to social security;
(h) to family protection;
(i) to economic advancement; and
(j) to defend his professional interests."
2, Add the following two paragraphs to the comments upon Article 69:
(a) The Committee in discussing Article 69 was of the opinion that
whenever the United Nations create agencies for certain specific
purposes, such as, for example, the Fiscal Commission of the Economic
and Social Council, the Organization shall make its studies and
recommendations in close collaboration with these agencies.
(b) The delegation of Argentina reserved the right to present to a
plenary session of the Conference its proposal to add the word "social"
before the word "economic" at the conclusion of sub-paragraph 1 (a) of
Article 69. |
|
GATT Library | nd332vw1743 | Sixth Committee: Organization : Addendum to Part I of draft report | United Nations Conference on Trade and Employment, March 11, 1948 | 11/03/1948 | official documents | E/CONF.2/C.6/103/Add.4 and E/CONF.2/C.6/103/ADD.2-112C.6/SR.1-7/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/nd332vw1743 | nd332vw1743_90050042.xml | GATT_147 | 711 | 4,573 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.6/103/
ON DU Add.4
11 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLIHS
SIXTH COMMITTEE: ORGANIZATION
ADDENDUM TO PART I OF DRAFT REPORT
1. Ad to the Iist of Sub-Committee Report in paragraph 2 the Report of the
Sub-Committe on Article l - document E/CONF.2/C.6/103.
2. The following changes and additions should be made to the Comments upon
the various articles:
Article 83A
Insert the following comments to Article 83A:
(a) On examining several or the proposals submitted by delegations.
relating to action taken in connection with political matters or with
the essential interests of Members, the Committee concluded that the
provision regarding such action should be made in connection with an
article on "Relations with the United Nations" since the question of
the proper allocation of responsibility as between the Organization
and the United Nations was involved. Accordingly the Committee adopted
a new Article 83A. Paragraphs 1, 2 and 4 of the text of this article
replace paragraph 1 of the former test or Article 84 and sub-paragraph (c)
of the former text of Article 94.
(b) Paragraph 3 of Article 83A which, like paragraph 4, is independent
in its operation, is designed to deal with any measure which is directly
in connection with a political natter brought before the United Nations
in a manner which will avoid conflict of responsiblity between the
United Nations and the Organization. The Committee agreed that this
provision would cover measures maintained by a Member even though another
Member has brought the particular matter bofore the United Nations 50
long as the measure was taken directly in connection with the matter.
It was also agreed that such a measure, as well as the political matter
with which it was directly connected, should remain within the
Juriediction of the United Nations and not within that of the
Organization.The Committee held, that the important thing was to maintain
the Jurisdiction of the United Nations over political matters and over
economic measures of this sort taken directly in connection with such
a political matter, and nothing in Article 83A could be held to prejudic
the freedom, of action of the United. Nations to settle such matters and
/to take steps E/CONF.2/C.6/103/Add.4
Page 2
to take steps to deal with such econcmic measures in accordance with
the provisions of the Charter of the Untited Nations if it was seen fit
to do so.
(c) It was the view of the Committee that the word "meassure" in
paragraph 3 of Article 83A and in the interpretative note to that
paragraph refers only to a measure which is taken directly in connection
with a political matter brought before the United Nations in accordance
with Chapters IV and VI of the Charter of the United Nations ana does
not refer to any other measure.
(d) The delegation ot South Africa reserved its position upon paragraph
of Article 83A and the interpretative note to that paragraph ponding the
receipt of instructions from its government.
1. The word "are" should be inserted before the word "neighbours" in
paragraph (c) of the comments upon Article 93.
2. Paragraph (d) of the comments upon Article 93 should be amended to
read as follows:
"(d) The delegations of Argentina, Bolivia, Chile, Peru and Poland
reserved their positions upon Article 93."
Article 94
Insert the following comments upon Article 94:
(a.) The delegation of Italy reserved its position on sub-paragraph 2 (a)
of Article 94.
(b) The delegation of Turkey reserved its position upon Article 94
pending the outcome of the discussions on Article 16 and pending the
receipt of instructions from its government.
Article 99.
Delete paragraphs (c) (d), (e) and (f) of the comments upon Article 99
and insert as a new paragraph (c) to the comments upon that Article the
following paragraph from the report of the Sub-Committee on the United Kingdom
amendment to Article 99:
"(c) The Committee agreed that no presuption should be drawn from the
text of paragraphs 1 and 2 of Article 99 that the dependent territories
were autonomous or quasi-autonomous in the conduct of their external
Commercial relations and of the other matters provided for by the
Charter for the purposes of paragraph 3 of Article 68."
Article 93 |
|
GATT Library | kq978nj3341 | Sixth Committee: Organization : Addendum to Part I of draft report | United Nations Conference on Trade and Employment, March 8, 1948 | 08/03/1948 | official documents | E/CONF.2/C.6/103/Add.2 and E/CONF.2/C.6/103/ADD.2-112C.6/SR.1-7/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/kq978nj3341 | kq978nj3341_90050040.xml | GATT_147 | 157 | 1,359 | United Nations Nations Unies
CONFERENCE CONFERENCE UNRESTRICTED
ON DU E/CONF.2/C.6/103/ Add.2
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 8 March 1948
ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
ADDENDUM TO PART I OF DRAFT REPORT
Add as a new paragraph (c) to the remarks upon Article 99 (Territorial
Application) the following by the delegation of the United Kingdom:
"The delegation of the United Kingdom said that the Government
of the United Kingdom, Great Britain and Northern Ireland would not
have thought that the general principle laid down in the interpretative
note to Article 99 required any qualification, since it in no way
prejudices the question of what is or is not a condominium. In view,
however, of the declaration by the delegation of Egypt, the Government
of the United Kingdom decided to place on record that, as is well known,
it does not accept the thesis of the Egyptian Government in regard to
the Anglo-Egyptian Condominium of the Sudan." |
|
GATT Library | tt465nz1732 | Sixth Committee: Organization : Addendum to part I of report. Comments on Article 95 | United Nations Conference on Trade and Employment, March 18, 1948 | 18/03/1948 | official documents | E/CONF.2/68/Add.1 and E/CONF.2/59/CORR.4 - 69/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/tt465nz1732 | tt465nz1732_90040141.xml | GATT_147 | 147 | 1,165 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/68/Add.1
ON DU 18 March 1948
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
ENGLISH-FRENCH ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
ADDENDUM TO PART I OF REPORT
COMMENTS ON ARTICLE 95
The Committee agreed that the phrase"a two-thirds majority of the
Members" as used in paragraph 1 of Article 95 means that in order to
approve an amendment under that paragraph the affirmativs vote of
two-thirds of the Members of the Organization is required.
SIXIFME COMMISSION : ORGANIZATION
ADDITIF A LA PREMIERE PARTIE DU RAPPORT
OBSERVATIONS CONCERNANT L'ARTICLE 95
La Commission estime que l'expression "a la majorité des deux tiers
des Etats Membres", tolle qu'elle est employée au paragraphe 1 de
l'article 95 signifie qu'un amendement, aux termes du paragraphs en
question, ne peut étro approuvé que par un vote affirmatif de la majorité
des deux tiers des Etats Membres de l'Organisation. |
|
GATT Library | ty024ky1277 | Sixth Committee: Organization : Addendum to Part II of draft report (Document E/CONF.2/C.6/103/Add.1) | United Nations Conference on Trade and Employment, March 11, 1948 | 11/03/1948 | official documents | E/CONF.2/C.6/103/Add.5 and E/CONF.2/C.6/103/ADD.2-112C.6/SR.1-7/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/ty024ky1277 | ty024ky1277_90050044.xml | GATT_147 | 1,123 | 7,405 | United Nations Nations Unies E/CONF.2/C.6/103/ Add.5
CONFERENCE CONFERENCE 11 March1948
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
ADDENDUM TO PART Il OF DRAFT REPORT
(Document E/CONF. 2/C.6/103/Add.1)
Article 1
(a) Delete paragraph 5 and the footnote referring thereto.
(b) Delete the phrase "on a mutually advantageous basis" in paragraph 6.
(c) Delete the asterisk after the heading of Article 1 and the corresponding
footnote which refers to the whole article.
Article 68
(a) In sub-paragraph 1 (b) amend the reference to paragraph 2 of Article 99
to read "paragraphs 1 and 2 of Article 99".
(b) Delete the footnote referring to the date in sub-paragraph 1 (a).
Article 69
(a) Delete the footnote referring to sub-paragraph 1 (a).
(b) Delete the footnote referring to sub-paragraph 1 (c) (v).
Article 74.
Insert an asterisk at the end of paragraph 5 referring to the following
footnote:
"The Central Drafting Committee is requested to consider
whether the wording used in this paragraph should not be brought
into conformity with that used in paragraph 2 of Article 78."
Article 83A
Insert the following text and interpretative note:
Article 83A
Relation with the United Nations
1. The Organization shall be brought into relationship with the
United Nations as soon as practicable as one of the specialized
agencies referred to in Article 57 of the Charter of the United
Nations. This relationship shall be effected by agreement to be
approved by the Conference.
2. Any such agreement shall, subject to the provisions of this
/Charter page 2
Charter; provide for effective co-operation and the avoidance of
unnecessary duplication in the activities of the respective
organizations, and for cooperation in furthering the restoration
and maintenance of international peace and security.
3. The Members recognize that the Organization should not attempt
to take action which would involve passing judgment in whole or in
part, on essential political issues. In order to avoid conflict of
responsibility between the United Nations and the Organization with
respect to political matter , any measure which is directly in
connection with a political matter brought before the United Nations
in accordance with Chapter IV or VI of the United Nations Charter
shall be deemed, to fall within the scope of the United Nations, and
shall not be subject to the provisions of this Charter.
4. No action, taken by a Member in pursuance of its obligations.
under the United Nations Charter for the restoration and maintenance
of international peace and security, shall be deemed to conflict
with the provisions of this Charter
Interpretative Note to Article 83A
(a) If any Member raises the question whether a measure taken whih a c
Paragraph 3 of this Article is in fact directly in connection with a
political matter brought before the United Nations in accordance with
the terms-of Chapter IV or Chapter VI of the United Nations Charter,
the responsibllity for making a determination on the question shall
rest with the International Trade Organization, but political
issues beyond the competence of the Organization are involved the
question shall be deemed to fall within the scope of the United.
(b) If a member which has no direct political concern in the matter
brought before the United Nations finds that a measure taken under
paragraph 3 of this Article nullifies or Impairs -any benefit accruing
to it directly or indirectly in the absence of auch measures, it
shall seek redress only by recourse to the procedures laid down in
Chapter VIII of the Charter of the International Trade Organization.
Article 93
(a) Delete the phrase "except as proyided in Article 15" in paragraph 2
and. the footnote referring to that phrase.
(b) Insert a new paragraph, 3 reading as follows and renumber the subsequent
paragraphs accordingly:
"3. Notwithstanding the provisions of paragraph 2 of this Article
Members may enter into agreements with non-Members according to
/paragraph 3 E/CONF.2/C.6/103/Add.5
Page 3
paragraph 3 of Article 15 or paragraph 6 of Article 42B.
Article 94 and Annex
Insert the following text of Article 94 and the annex thereto:
Article 94
General Exceptions
1. Nothing in this Charter shall be construed:
(a) to require a Member to furnish any information the
disclosure of which it considers contrary to its essential
Security interests: or
(b) to prevent a Member from taking, either singly or with
other states, any action which it considers necessary for
the protection of its essential security interest, where
such action:
(1) relates to fissionable materials or the materials
from which they are derived;
(11) relates to the traffic in arms, ammunition and
implements of war and to such traffic in other
goods and materials as is carried on directly or
indirectly for the purpose of supplying military
establishment of the Member or of any other
country
(111) is taken in time of war or other emergency in
international relations or
(c) to prevent a Member from entering into or carrying out any
inter-governmental agreement, or other agreement on behalf of a
Government for the purpose specified in this exception, made by
or for a military establishment for the purpose of meeting
essential requirements of the national security of one or more
of the participating countries or
(d) to prevent action taken in accordance with the terms of
Annex OO to the Charter.
2. Nothing in this Charter shall override:
(a) any of the provisions of peace treaties or permanent
settlements resulting from. the Second World War which are or
shall be in force and which are or shall be registered with
the United Nations, or
(b) any of the provisions of instruments creating Trust
Territories or any other special regimes established by the
United Nations.
/ANNEX 00 E/CONF.2/C.6/103/Add.5
Page 4
ANNEX 00
SPECIAL PROVISIONS REGARDING INDIA AND PAKISTAN
Since there are special circumstances arising out of the
establishment of India and Pakistan as independent states, and
since they have long constituted an economic unit, the provisions
of the Charter shall not prevent the two countries from entering
into special agreements with respect to the trade between them,
pending the establishment of their mutual trade relations on a
definitive basis. Measures adopted by India and Pakistan in
order to carry out definitive agreements in respect of their
mutual trade, sincethey have been agreed upon, may depart from
particular provisions of this Charter; Provided that such
measures are in general consistent with the purpose and objectives
of the Charter.
Article 99
The following explanatory note should, be inserted at the end of the
text of Article 99:
"Explanatory Note to Article 99
"None of the provisions of this Article shall be interpreted
as prejudicing the rights which have been or may be invoked by
States in connection with territorial questions or disputes
concerning territorial sovereignity." |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.