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GATT Library
xn957sp6807
Agenda for first meeting : To be held on Monay, 15 December 1947 at 4.00 p.m
United Nations Conference on Trade and Employment, December 13, 1947
Joint Sub-Committee of Committees II and VI
13/12/1947
official documents
E/CONF.2/C.2/13, E/CONF.2/C.6/19, and E/CONF.2/C.6/12/ADD.4-44
https://exhibits.stanford.edu/gatt/catalog/xn957sp6807
xn957sp6807_90170069.xml
GATT_149
197
1,410
United Nations Nations Unies CONFERENCE CONFERENCE E/CONF.2/C.2/13 ON DU 13 December 1947 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH - FRENCH JOIN SUB-COMMITTEE OF COMMITTEES II AND VI VI ADA I1A FOIRST MEETINGI To be held on Monay, 15 December 1947 at 4.00 p.m, 1. Election of Charman 2. Article 9: Amendments proposed by Ceylon and Mexico (E/CONF.2/C.2/9 - page 2) 3. Article 10; paragraph 2: Amendments proposed by Burma and Pakistan (B/CONF.2/C.2/y - page 3) 4. Article 10: Additional paragraph 3 proposed by Mexico (E/CONF.2/C.2/9 - page 4) 5. New Article 12 A proposed by Colombia (E/CONF.2/C.2/9 - pages 25-28) SOUS-COMMISSION MIXTE DES DEUXIEME ET TROISIEM COMMISSIONS ORDRE LU JOUR DE LA PREMIERE SEANCE qui so tiendra le lundi 15 décumbre 1947, à 16 heures 1, Election du Président. 2, Article 9; Anmendoments proposal par le délégations de Coylan et du Mexique (E/CONF.2/C.2/9, page 2). 3. Article 10, paragraph 2: Amendomonts proposes par lea délégations de la Birmanie et du Pakiatan (E/CONF.2/C.2/9, page 3). 4. Article 10: paragraphs 3 additionnel propose par la délegation du Mexique (E/COV.2/C.2/9, page 4). 5. Article 12A nouveau propose par la délégetion de la Colombie (L/CONF.2/C.2/9, pages 24 à 26).
GATT Library
nj421tg4245
Agenda for Fourteenth Meeting of Committee III (a) : To be held on Friday, 19 December 1947 at 4:00 p.m. Conference Room B (Reference: E/CONF.2/C.3/10 and E/CONF.2/C.3/6)
United Nations Conference on Trade and Employment, December 18, 1947
Third Committee: Commercial Policy
18/12/1947
official documents
E/CONF.2/C.3/20 and E/CONF.2/C.3/10-38
https://exhibits.stanford.edu/gatt/catalog/nj421tg4245
nj421tg4245_90190112.xml
GATT_149
389
3,243
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies UNRESTRICTED CONFERENCE E/CONF.2 /C .3/20 DU 18 December, 1947 COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH THIRD COMMITTEE: COMMERCIAL POLICY AGENDA FOR FOURTEENTH MEETING OF COMMITTEE III (a) To be held on Friday, 19 December 1947 at 4:00 p.m. Conference Room B (Reference: E/CONF.2/C.3/10 and E/CONF.2/C.3/6) 1. ARTICLE 32 - FREEDOM OF TRANSIT Paragraph 1 Item 1 - Chile (reservation withdrawn) " 2 - Argentina (deletion of 'vessels and other means of transport') " 3 - Afghanistan (additional operations) Paragraph 2 Item 4 - Argentina (deletion of paragraph 2) " 5 - Chile (exceptions) Paragraph 5 Item 6 - Note (Geneva Draft - transport charges) Paragraph 6 Item 7 - France (difficulty in amending national legislation at present). New Paragraph Item 8 - Costa Rica ('grazing livestock') " 9 - Afghanistan (exception for seasonal nomads) 2. ARTICLE 35 - FORMALITIES CONNECTED WITH IMPORTATION AND EXPORTATION Paragraph 1 Item 38 - Argentina (drafting changes) " 39 - Turkey " " Paragraph 4 Item 40 - Uruguay (drafting changes) " 41 - Uruguay ( " " ) Paragraph 5 Item 42 Uruguay (facilities for advertising, commercial travellers and samples) " 43 - Argentina (drafting changes) " 44 - Note (Geneva Draft - multiple currency practices). /New Paragraph E/CONF.2/C.3/20 Page 2 New Paragraph Item 45 - Uruguay (sanctions) " 46 - Arghanistan (recommendations to improve trade facilities) General Item 47 - Brazil (may present an amendment) 3. ARTICLE 36 - MARKS OF ORIGIN Whole Article Item 48 - Argentina (Deletion of this Article) Paragraph 7 Item 49 - Chile ( 'producer country' to be indicated) New Paragraph - - Cuba (see E/CONF.2/c.3/6, item 3) 4. ARTICLE 37 - PUBLICATION AND ADMINISTRATION OF TRADE REGULATIONS Paragraph 3~~~~1 Item 50 - Argentina (nor detemoinatin of conformity to requirements). 51 and 52 - ee Z No ealand antde KingdDeEUnme(cccion)nresc to cmonfor witerh Genal Agreement Tariffs and .Tade), -AR38LE 38 CINFORMATIO, SNATtnICS AND andADE ERTS NOLOGYANMR Item 53 -Norway (simpliersion ofied vaf the ntireFersio rtcle; on onsondeuativd or.r o avoid duplicatikng of wor; etc.) 9I-CLE6.CCCTS E- TSC Item 54 n - Lebaon and Syria m('govereaental msures', campapapgns', e tpcc,cseeiid; exceptions for reasonfsna o tional security, etc; drafta chnges). " 55- Iraq (exceon0pts for reasonstion naal security etcr; daft chingganes). " 56 - Mexico (exceptions for ceir ntanational campaigns)
GATT Library
cs712mb7714
Agenda for Fourth Meeting : To be held on Friday, 19 December 1947, at 4.00 p.m
United Nations Conference on Trade and Employment, December 18, 1947
Joint Sub-Committee of Committees II and VI
18/12/1947
official documents
E/CONF.2/C.26/A/2, E/CONF.2/C.23/A/1-15, and C.26/A/1-24
https://exhibits.stanford.edu/gatt/catalog/cs712mb7714
cs712mb7714_90180410.xml
GATT_149
170
1,356
United Nations Nations Unies CONFERENCE CONFERENCE UNRESTRICTED ON DU E/CONF.2/C.2&6/A/2 18 December 1947 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH - FRENCH 1947 ORIGINAL: ENGLISH JOINT SUB-COMMITTEE OF COMMITTEES II AND VI AGENTA FOR FORTH MEETING To be Held on aFriday, 19 December 1947, at 4.00 p.m. 1. Continuation of discussion of new Article 12 A proposed by Colombia 2. Additional paragraph proposed by Costa Rica to Acticle 12 (E/CONF.2/C.2/9, page 21). 3. Recommendation on leicn amendment to Article 9. 4. Article 11 (E/CONF.2/C.2/9, pages 5-11 inclusive). SOUS-COMMISSION MIXTE DES DEUXIXME ET SIXIEME COMMISSIONS ORDRE DU JOUR DE LA QC2a:~2 S1lUNCE qui se tiendra le vendredi 19 dTcembre 1947 à 16 heures 1. Suite de l'examen de l'article 12 A nouveau, proposT par la Colmbie (document E/CONF.2/C.2/9 pages 24 à 26). 2. Exemen du peragraphe supplTmentaire que Costa-Rica propose d'ajouter à l'article 12 (document E/CONF.2/c.2/9, page 20). 3. Recommendation relative à l'amendement à I'article 9,proposT par le 4. Examen de l'article 11 (docuenmt E/CONF.2/C./2/9, pages 5 à 10 (c)).
GATT Library
vr031ys8287
Agenda for Fourth Meetlng : Thursday, 18 December, 4.00 p.m
United Nations Conference on Trade and Employment, December 17, 1947
Third Committee: Commercial Policy and Third Committee: Commercial Policy Sub-Committee A (Articles 16 and 17)
17/12/1947
official documents
E/CONF.2/C.3/A/W.3 and E/CONF.2/C.3/A/W.1-39
https://exhibits.stanford.edu/gatt/catalog/vr031ys8287
vr031ys8287_90190421.xml
GATT_149
185
1,357
RESRICTED United Nations Nations Unies E/CONF.2/C.3/A/ W.3 CONFERENCE CONFERENCE 17 December 1947 ON DU ORIGINAL: ENGLISH TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI THIRD COMMITTEE: COMMERCIAL POLICY SUB-COMMITTEE A (ARTICLES 16 AND 17) AGENDA FOR FOURTH MEET lNG Thursday, 18 December, 4.00 p.m. (Note: References are to items in Revised Annotated Agenda, Section A, document. E/CONF.2/C .3/6) I. Note to be appended to Article 16 (see text of Note appended to Article 16, Geneva Draft, and of Note, Ad Article 1 (3) General Agreement - circulated separately). II. Article 17 - Reduction of Tariffs and Elimination of Preferences 1. Initiation of and participants in negotiations Item 25 - Argentina (first part ending with the words "...the other Members..."). Item 26 - Uruguay (first sentence). Item 27 - Mexico (first amendment). item 28 - Hati (first sentence). Item 43 Peru and Uruguay 2. Purpose of Negotiations Item 25 - Argentina (second part beginning with the word "... negotiations .."). Item 27 - Mexico (second amendment beginning with the word * ...conclusion..." and third amendment beginning with the words "...in order to secure..."). Item 29 - Philippines.
GATT Library
vy299fg2025
Agenda for Ninth Meeting : To be held 10:30 a.m. Saturday, 20 December 1947
United Nations Conference on Trade and Employment, December 19, 1947
First Committee: Employment and Economic Activity
19/12/1947
official documents
E/CONF.2/C.1/14 and E/CONF.2/C.1/1-26
https://exhibits.stanford.edu/gatt/catalog/vy299fg2025
vy299fg2025_90180249.xml
GATT_149
196
1,405
United Nations Nations Unies UNRESTRICTED E/C0NF .2/C .1/14 CONFERENCE CONFERENCE 19 December 1947 ON DU ENGLISH - FRENCH TRADE AND EMPLOYMENT COTMERCE ET DE L'EMPLOI FIRST COMMITTEE: EMPLOYMENT AND ECONOMIC ACTIVITY AGENDA FOR NINTH MEETING To be held 10:30 a.m. Saturday, 20 December 1947 1., Consideration of paragraphs 2 and 3 of the Article on "Fair Labour Standard" (see E/CONF.2/C.1/9 and 12). 2.. Consideration of Report of Sub Committee B on other articles of Chapter II (see E/CONF.2/C.1/10 and 13). 3. Consideration of the proposal for a resolution on international action relating to employment (see the last item in E/C0NF.2/C.1/7 and. also E/CONF.2 /5). PREMIERE COMMISSION : EMPLOI ET ACTIVITE ECONOMIQUE ORDRE DU JOUR DE LA NEUVIEME SEANCE qui se tiendra le samedi 20 dTcembre 1947, à 10 heures 30 1. Examen de s paragraphes 2 et 3 de article sur le "conditions de travail Tquitables" (cf. E/CONF.2/C.1/9 et 12). 2. Examen du rapport de la Sous-Commission "B" sur lea articles du chapitre II autres que I'article 4 (cf. E/CONF.2/C.1/10 et 13). 3. Examen du projet de rTsolution au sujet d'une action internationale en matiFre d'emploi (cf. dernier point du document E/CONF.2/C.1/7 ainsi que document E/CONF.2/5).
GATT Library
yx349ym4546
Agenda for Ninth Meeting : To be held at Havana on Tuesday, 30 December 1947 at 10.30 a.m
United Nations Conference on Trade and Employment, December 29, 1947
Fifth Committee: Inter-Governmental Commodity Agreements
29/12/1947
official documents
E/CONF.2/C.5/10 and E/CONF. 2/C. 5/1-19 C. 5/A/1-2
https://exhibits.stanford.edu/gatt/catalog/yx349ym4546
yx349ym4546_90200060.xml
GATT_149
116
862
United Nations CONFERENCE ON TRADE AND EMPLOYMENT UNRESTRICTED Nations Unies E/CONF.2/C.5/10 CONFERENCE 29 December 1947 DU ENGLISH - FRENCH ORIGINAL: ENGLISH COMMERCE ET DE L'EMPLOI FIFTH COMMITTEE: INTER-GOVERNMENTAL COMMODITY AGREEMENTS AGENDA FOR NINTH MEETING To be held at Havana on Tuesday, 30 December 1947 at 10.30 a.m. 1. Report of Sub-Committee 'A' (document E/CONF.2/C.5/9). 2. Second Reading of Chapter VI (document E/CONF.2/C.5/W.6). 3. Any other business. CINQUIEME COMMISSION: ACCORDS INTERGOUVERNEMENTAUX SUR LES PRODUITS DE BASE ORDRE DU JOUR DE LA NEUVIEME SEANCE qui se tiendra à La Havane, le mardi 30 décembre 1947, à 10 h.30 1. Rapport de la Sous-Commission 'A' (document E/CONF.2/C.5/9) 2. Examen en second lecture du chapitre VI (document E/CONF.2/C.5/W.6) 3. Divers.
GATT Library
sx460ss7103
Agenda for Second Meeting
United Nations Conference on Trade and Employment, December 31, 1947
Third Committee: Commercial Policy and Sub-Committee B (proposed Article 18A)
31/12/1947
official documents
E/CONF.2/C.3/B/2 and E/CONF.2/C.3/A-E
https://exhibits.stanford.edu/gatt/catalog/sx460ss7103
sx460ss7103_90190333.xml
GATT_149
141
1,145
United Nations Nations Unies RESTRICTED CONFERENCE CONFERENCE E/CONF 2/C. 3/B/2 ON DU 31 December 1947 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH - FRENCH ORIGINAL: ENGLISH THIRD COMMITTEE: COMMERCIAL POLICY SUB-COMMITTEE B (PROPOSED ARTICLE 18 A) AGENDA FOR SECOND MEETING l. Statemnts by delegations non-members of the Sub-Committee. 2. Closing statement on behalf of members opposing proposal. 3. Closing statement on behalf of members supporting proposal. 4. Proposals on Sub-Committee Report. TROISIEME: COMMISSION: POLITIQUE COMMERCIALE SOUS-COMMISSION B CHARGEE D'EXAMINER LE PROJET D'ARTICLE 18 A ORDRE DU JOUR DE LA DEUXIEME SEANCE 1: DTclarations de dTlTgations qui ne sont pas reprTsentTes a¦?a la Sous- Cmmission. 2.T Dclaration finale expmnrant le point dve ue des membres qui combattent la proposition. 3. Declaration finale exiparmnt le point de vue des membres qui appuient la proposition. 4. Propositions relatives au Rapport de la Sous-Commission.
GATT Library
nt294sn5192
Agenda for Second Meeting : To be held Tuesday, 16 December 1947, 4.00 p.m., General Committee Room
United Nations Conference on Trade and Employment, December 15, 1947
Third Committee: Commercial Policy and Sub-Committee A (Articles 16 and 17)
15/12/1947
official documents
E/CONF.2/C.3/A/2 and E/CONF.2/C.3/A-E
https://exhibits.stanford.edu/gatt/catalog/nt294sn5192
nt294sn5192_90190302.xml
GATT_149
129
932
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies RESTRICTED E/CONF. 2/C.3/A/2 CONFERENCE 15 December 1947 DU ORIGINAL: ENGLISH COMMERCE ET DE L'EMPLOI THIRD COMMITTEE: COMMERCIAL POLICY SUB-COMMITTEE A (ARTICLES' 16 AND 17) AGENDA FOR SECOND MEETING To be held Tuesday, 16 December 1947, 4.00 p.m., General Committee Room Article 16 - General Most-favoured-nation Treatment 1. Alternative Proposals arising out of the Cuban amendment: to Annexes A and D (circulated separately). 2 Proposal (Denmark) to delete from Annex A any reference to the eliminatior or replacement by tariff preferences of the preferential arrangements described in the Annex. (Item 5, Revised Annotated Agenda, document E/CONF.2/C.3/6) 3. Note appended to Geneva Draft (see also note to General Agreement, Article 1, paragraph 3 appearing in Annex 1, page 75 of Volume 1).
GATT Library
jv885px2582
Agenda for Seventeenth Meeting (III-a) : To be held on Monday, 22 December 1947, at 4:00 p.m Conference Room B
United Nations Conference on Trade and Employment, December 20, 1947
Third Committee: Commercial Policy
20/12/1947
official documents
E/CONF.2/C.3/23 and E/CONF.2/C.3/10-38
https://exhibits.stanford.edu/gatt/catalog/jv885px2582
jv885px2582_90190115.xml
GATT_149
424
2,659
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies CONFERENCE DU COMMERCE ET DE L'EMPLOI UNRESTRICTED E/CONF.2/C.3/23 20 December 1947 ORIGINAL: ENGLISH THIRD COMMITTEE: COMMERCIAL POLICY AGENDA FOR SEVENTEENTH MEETING (III-a) To be held on Monday, 22 December 1947, at 4:00 P.M Conference Room B (Reference: :E/CONF.2/C.3/11 and Corr. 1) SECTION E OF CHAPTER IV (First Reading) Article 40 - Emergency Action on Imports of Particular Products Paragraph 1 Item .1 - Peru (deletion of a phrase) " 2 - Cuba (change of one word) " 3 - Italy (change of one word) " 4 - Denmark (deletion of sub-paragraph (b)) Paragraph 2 Item 5 - Argentina (change of two words in last sentence) Paragraph 3 Item 6 - Argentina (deletion of last phrase in sub-paragraph (a)) New Article 40A Item 7 - Colombia (a proposed new article providing rules-intended "to avoid the consumption of any primary product being unfavourably affected by measures taken or taxes imposed" by Member countries.) Article 41 - Consultation Item 8 - Afghanistan (insertion of a phrase) Article 42 - Territorial Application of Chapter 1 Frontier Traffic - Customs Unions. (Items 9, 10, 12, 13, and 22 have been referred to the joint Sub-Committee of Committees II and III) Paragraph 2 Item 11 - Chile (addition to sub-paragraph (b) Paragraph 3 (a) Item l4 - Argentina (amendment re Consultation) " 15 - Italy (amendment re Consultation) /Paragraph 3 (b) E/CONF. 2/C.3/23 page 2 Paragraph 3 (b) Item 16 - Argentina (deletion of this sub-paragraph) " 17 - Chile (deletion of this sub-paragraph) " 18 - Italy (removal of control by the Organization) Paragraph 3 (c) Item 19 - Argentina deletion of this sub-paragraph) " 20 - Chile (deletion of this sub-paragraph) " 21 - Italy (deletion of this sub-paragraph) Paragraph 4 Item 23 - Geneva Note (reference to former Article 38 proposed by New York Drafting Committee) Article 43 - General Exceptions to Chapter IV Paragraph I (d) Item 24 - Cuba (qualification of the term deceptive practices") Paragraph I (g) Item 25 - Australia (reservation pending an interpretation) Paragraph I (i) Item 26 - Argentina (deletion of all but first few lines) Item 27 - Afghanistan (addition of new sub-paragraph) Paragraph II (a) Item 28 - Argentina (deletion of the proviso) Paragraph II (c) Item 29 - Argentina (deletion of the proviso) Final paragraph Item 30 - Norway (alteration of time limit) Item 31 - Argentina (deletion of the proviso) New Article Item 32 - Switzerland (steps to safeguard vital interests when economic stability seriously impaired or threatened)
GATT Library
zr411vn8757
Agenda for seventeenth meeting : To be Held on 31 December 1947 at 4.00 p.m
United Nations Conference on Trade and Employment, December 30, 1947
Sixth Committee: Organization
30/12/1947
official documents
E/CONF.2/C.6/31/Rev.1 and E/CONF.2/C.6/12/ADD.4-44
https://exhibits.stanford.edu/gatt/catalog/zr411vn8757
zr411vn8757_90170083.xml
GATT_149
193
1,418
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies CONFERENCE DU COMMERCE ET DE L'EMPLOI UNRESTRICTED E/CONF.2/C. 6/31/ Rev.1 30 December 1947 ENGLISH - FRENCH ORIGINAL: ENGLISH SlXTH COMMITTEE: ORGANIZATION AGENDA FOR SEVENTEENTH MEETING To be Held on 31 December 1947 at 4.00 p.m. 1. Consideration of Article 84(Relations with Other Organizations) 2. Consideration of Article 85(International Responsibilities of the Director-General, Staff and Members of Commissions). 3. Consideration of Article 86 (International Legal Status of the Organization). 4. Consideration of Article 87 (Status of the Organization in the Territory of Members). 5. Consideration of Article 88 (Contributions). 6. Consideration of Chapter VIII (Settlement of Disputes). SIXIEME COMMISSION: ORGANISATION ORDRE DU JOUR DE, LA DIX-SFPTIEME SEANCE qui se tiendra le 31 décembre 1947 a 16 heures. 1. Examen de l'article 84 (Relations avec les autres organisations). 2. Examen de l'article 85 (Fonctions internationales du Directeur général, du personnel du Secretariat et des membres des Commissions). 3. Examen de l'article 86 (Statut juridique international de l'Organisa- tion). 4. Examen de l'article 87 (Statut de 1'Organisation dans le territoire des Etats Membres). 5. Examen de l'article 88 (Contributions). 6. Examen du chapitre VIII (Règlement des différends).
GATT Library
rt205kt0659
Agenda for seventeenth meeting : To be Held On 3o December 1947 at 4.00 p.m
United Nations Conference on Trade and Employment, December 29, 1947
Sixth Committee: Organization
29/12/1947
official documents
E/CONF.2/C.6/31 and E/CONF.2/C.6/12/ADD.4-44
https://exhibits.stanford.edu/gatt/catalog/rt205kt0659
rt205kt0659_90170082.xml
GATT_149
219
1,653
United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE ON U EE /CO F.L/C 6/31 ON 2 9 December 1947 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOIENGLISH - FR CRIGONAL: ENGLISH SIXTE COHMITTEE: CMCAORGATION AGENDA FOR SEVENTEENTH MEETING To be Held On 3o December 1947 at 4.00 p.m. 1. GonsCderation of Article 84 2. Consideration of Article 85 Directop-Gererel, ataff and 3. Consideration of Article 86 Organization). 4, .onsideration of Article 87 Territory of Members). 5. 6. 7. 1. 2. 3. 4. 5. 6. 7. (Reltetione with Other Organizations). (International Responsibilities of the Members of Commissions). (International Legal Status of the (Status of the Organization in the Consideration of Article 88 (Contributions). Consideration of Article 89 (Consultation between Members). Consideration pf Chapter VIII (Settlement of Disputes). SIXIME COMMISSION : ORGANISATION ORDRE DU JOUP DE LA DIX -SEPTIEME SEANCE qui so tiendra le 31 ddcembre 1947 h 16 heures Examen de article 84 (Relations avec lea autree org1. anizationsl'). Examen de l1article 85 (Fonctions intornationales d 2. u Directeur'gdndral, du personnel du Secretariat et des mombres des Connissions). Exanen de l'article 86 (Statut juridique internatio3. nalmde l'Organisation). Examon de 'article 87 (Statut de l'Organisation da4. ns lee territoire des Etats Membres). Exanen de lParticle 88 (Contributions). Examen de lParticle 89 (Consultation mutuelle des membres). Examen du Chapitre VIII (R6Biement des diff6rHends7. .
GATT Library
vn113yr9668
Agenda for Sixth Meeting : To be Held on 2 January, 4.00 p.m., Room K
United Nations Conference on Trade and Employment, December 31, 1947
Third Committee: Commercial Policy and Sub-Committee C: General Commercial Provisions (Articles 32 - 39)
31/12/1947
official documents
E/CONF.2/C.3/C/6 and E/CONF.2/C.3/A-E
https://exhibits.stanford.edu/gatt/catalog/vn113yr9668
vn113yr9668_90190342.xml
GATT_149
415
2,711
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies UNRESTRICTED E/CONF. 2/C.3/C/6 CONFERENCE 31 December 1947 DU ORIGINAL: ENGLISH COMMERCE ET DE L'EMPLOI THIRD COMMITTEE: COMMERCIAL POLICY SUB-COMMITTEE C ON GENERAL COMMERCIAL PROVISIONS (Articles 32 - 39) AGENDA FOR SIXTH MEETING To be Held on 2 January, 4.00 p.m., Room K Chairman: MR. C. E.MORTON (Australia) (Reference: E/CONF.2/C. 3/10) CONTINUATION OF DISCUSSION OF ARTICLE 33 -ANTI-DUMPING AND COUNTERVALLING Paragraph 1 Definition and condemnation of dumping; definition of margin; redraft of paragraphs 1 and 2 (Cuba - Item 10) Condemnation of dumping (Syria and Lebanon - Item 11; Argentina - Item 12; China -Item 13; Mexico - Item 14, withdrawn in favour of the Cuban amendment, item 10). Positive Form of Article 33 (Syria and Lebanon - Item 15) Hidden dumping (Note - Geneva Draft - Item 16) Paragraph 2 Offsetting subsidies (Note - Geneva Draft - Item 17) Pargraph 5 Consultation with and action by the Organizatio (Denmark - Items 18 and 19); (Syria and Lebanon - Item 23) Safeguards against abuses (Note - Geneva Draft: Belgium - Luxembourg, Czechoslovakia, France and Netherlands - Item 20) Paragraph 6 Deletion of this paragraph (China, India and Pakistan - Item 21; Mexico - Item 22; Syria and Lebanon - Item 23) Reference to Article 40 (Note - Geneva Draft - Item 24) Rearrangement of paragraphs (Philippines - Item 25) ARTICLE 34 - VALUATION FOR CUSTOMS PURPOSES Paragraph 2 Note - Geneva Draft (Item 26) regarding the expression 'at the /earliest E/CONF.2/C.3/C/6 Page 2 earliest practicable date Deletion of the words 'Upon request by another Member' (Argentina - Item 27). Paragraph 3 Sub-paragraph (a) -- Temporary binding of 'actual value' of goods to be permissible (Uruguay - Item 28). Sub-paragraph (b) 'Actual value' based on ascertained average value to be permissible if adjusted in cases of considerable price fluctuation (Chile - Item 29). Prices of government contracts t o be regarded as'actual value' (UruguaY- Item 30). Notes - Geneva Draft: Item 31 'actual value' represented by invoice price Items 32 and 33 - the expression 'in the ordinary course of trade' in conjunction witomh 'under full cpetitive conditions' explained; Item 34 - the meaning of sub-paragraphs (a) and h (b) of paragrap3. Paragaph 5 The deletion of this paragraph (Argentina - Item 35). dSub-pararph () -d- To apply also in case ofl a decrease of the amounts of duty payabe (UrugEy - Item 36). NEW PARARAMH Consultation with customs authorities before dispatching the goods (Uruguay - Item 37).
GATT Library
kx493cx1559
Agenda for Tenth Meeting : To be Held at Havana on Wednesday, 31 December 1947
United Nations Conference on Trade and Employment, December 30, 1947
Fifth Committee: Inter-Governmental Commodity Agreements
30/12/1947
official documents
E/CONF.2/C.5/11 and E/CONF. 2/C. 5/1-19 C. 5/A/1-2
https://exhibits.stanford.edu/gatt/catalog/kx493cx1559
kx493cx1559_90200061.xml
GATT_149
104
781
United Nations Nations Unies CONFERENCE CONFERENCE ON DU TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI UNRESTRICTED E/CONF.2/C.5/11 30 December 1947 ENGLISH - FRENCH ORIGINAL: ENGLISH FIFTH COMMITTEE: INTER-GOVERNMENTAL COMMODITY AGREEMENTS AGENDA FOR TENTH MEETING To be Held at Havana on Wednesday, 31 December 1947 1. Second Reading of Chapter VI (See document E/CONF.2/C.5/9 for Text). 2. Any other business. CINQUIEME COMMISSION: ACCORDS INTERGOUVRNEMENTAUX SUR LES PRODUITS DE BASE ORDRE DU JOUR DE LA DIXIEME SEANCE qui se tiendra à La Havane, le mercradi 31 décembre 1947 1. Deuxième lecture du chapitre VI (voir le texte dans le document E/CONF.2/C.5/9) 2. Questions diverses. . .
GATT Library
xg475qx6190
Agenda for the eighth meeting : To be held on 9 December 1947, at 10:30 a.m
United Nations Conference on Trade and Employment, December 8, 1947
Sixth Committee: Organization
08/12/1947
official documents
E/CONF.2/C.6/11 and E/CONF.2/C.6/1-12/ADD.4
https://exhibits.stanford.edu/gatt/catalog/xg475qx6190
xg475qx6190_90170037.xml
GATT_149
171
1,334
United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE E/CONF.2/C.6/11 ON DU 6 December 1947 ON DU ENGLISH-FRENCH TRADE AND EMPLOYMENT; COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH SIXTH COMMITTEE: ORGANIZATION AGENDA FOR THE EIGHTH MEETING To be held on 9 December 1947, at 10:30 a.m. 1. Continuation of the discussion of Article 72 (Voting in the Conference). The following delegates have asked to speak: Sweden Ceylon Egypt Peru Australia Switzerland Bolivia Luxembourg 2, Discusslon of Article 73 (Sessions, Procedure and Officero of the Conferencee. 3. Discussion of Article 74 (Powers and Duties of the Conference). SIXIEME COMMISSION : ORGANISATION ORDRE DU JOUR DE LA HUITIEME SEANCE qui se tiendra lo 9 décembre 1947 è 10 h 30. 1. Suite do la discussion de 1'article '(2 (Vote). Les délégués des pays suivanto ont delandé à prendre la parole Suède Ceylan Egypte pérou Australie Suisse Bolivis Luxembourg. E/CONF.2/C.6/11 French Page 2 2, ,Discussion de l'article 75 (Sessions, règlement intériour et Bureau de la Conférence). 3. Discussion de l'article 74 (Pouvoirs et attributions de la Conférence).
GATT Library
jq738by2674
Agenda for the Eighth Meeting : To be held on Friday 19 December 1947, at 10.30 a.m
United Nations Conference on Trade and Employment, December 17, 1947
First Committee: Employment and Economic Activity
17/12/1947
official documents
E/CONF.2/C.1/11 and E/CONF.2/C.1/1-26
https://exhibits.stanford.edu/gatt/catalog/jq738by2674
jq738by2674_90180246.xml
GATT_149
158
1,208
United Nations Nations Unies CONFERENCE CONFERENCE ON DU 17 December 1947 TRADE AND EMPLOYMENT COMMERCE El DE L'EMPLOI ENGLISH - FRENCH ORIGINAL : ENGLISH FIRST COMMITTES: EMPLOYMENT AND ECONOMIC ACTIVITY AGENDA FOR THE EIGHTH MEETING To be Held on Friday 19 December 1947, at 10.30 a.m. 1. Consideration of Report of Sub.Committee A (document E/CONF.2/C.1/9). 2. Consideration of the Report of Sub-Committee B (document E/CONF.2/C.1/10). 3. Consideration of the proposal for a resolution, on international action relating to employment (see the last item in document E/CONF.2/C.1/7 and also document E/CONF.2/5). PREMIERE COMMISSION: EMPLOI ET ACTIVITE ECONOMIQUE ORDER DU JOUR DE LA HUITIEME SEANCE qui se tiendra le vendredi 19 dTcembre 1947, à 10h.30 1. Examen du rapport de la Sosus-Commission A (document E/CONF.2/C.1/9) 2. Examen du rapport de la Sous-Commission B (document E/CONF.2/C.1/10) 3. Examen du project de resoluticn, relatif à une action internationale en matiFre d'emploi (voir le dernier point du document E/CONF.2/C.1/7, voirm Tgalement document E/CONF.2/5).
GATT Library
yx110sr9481
Agenda for the Eigth Meeting : To be Held on Friday, 12 December 1947
United Nations Conference on Trade and Employment, December 11, 1947
Fifth Committee: Inter-Governmental Commodity Agreements
11/12/1947
official documents
E/CONF.2/C.5/7 and E/CONF. 2/C. 5/1-19 C. 5/A/1-2
https://exhibits.stanford.edu/gatt/catalog/yx110sr9481
yx110sr9481_90200056.xml
GATT_149
170
1,272
United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE 11 December 1947 ON DU ORIGINAL: ENGLISH TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI FIFTH COMMITTEE: INTER-GOVERNMENTAL COMMODITY AGREEMENTS AGENDA FOR THE EIGTH MEETING To be Held on Friday, 12 December 1947 Discussion of Matters in the Annotated Agenda but not discussed in previous meetings PART B Article 55 Use of substantial: Following the discussion on Article 59, paragraph 2, the Secretariat has prepared for the Sub-Committee a note on all references in the Chapter to substantial" interest. The proposal by the Delegation of Uruguay is related to this. Paragraph 1: Proposals of the Delegation of Ceylon. Proposed new paragraph: Proposal of the Delegation of Ceylon. Article 55 - Commodity Conferences Paragraph 1: Proposal of the Delegation of Ceylon. Proposed new paragraph: Proposal by the Delegation of Peru. Proposal of the Delegation of the Philippines. Article 58 Paragraph 6: This paragraph has been discussed in Committee. The amendment since proposed by the Delegation of Mexico. includes some of the points raised in discussion.
GATT Library
xc540qr5838
Agenda for the fifteenth meeting : To be Held an 22 December 1947 at 10.30 a.m
United Nations Conference on Trade and Employment, December 19, 1947
Sixth Committee: Organization
19/12/1947
official documents
E/CONF.2/C.6/26 and E/CONF.2/C.6/12/ADD.4-44
https://exhibits.stanford.edu/gatt/catalog/xc540qr5838
xc540qr5838_90170077.xml
GATT_149
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United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE E/CONF.2/C.6/26 ON DU 19 December 1947 ENGLISH - FRENCH TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH SIXTH COMMITEE: ORGANIZATION AGENDA FOR THE FIFTEENTH MEETING To be Held an 22 December 1947 at 10.30 a.m. 1. Continuation of discussion of Article 81 (The Tariff Committee) 2. Discussion of Article 82 (The Director-General) 3. Discussion of Article 83 (The Staff) 4. Discussion of Article 84 (Relations with Other Organizationa) 5. Discussion of Article 86 (International Rosponsibilities of the Director-General, Staff and Members of Commissions). SIXIEME COMMISSION : ORGANISATION QUINZIEME SEANCE qui se tiendra le 22 décembre 1947, à 10 h. 30 ORDRE DU JOUR 1. Suite do lu discussion de l'article 81 (Comité dus tarifs douaniers) 2. Discussion de l'article 82 (Lo Directeur général) 3. Discussion de l'article 83 (Lo Secrétariat) 4. Discussion de l'article 84 (Relations avec les autres organizations) 5. Discussion de l'article 85 (Fonctions internationales du Directeur g6n6ral, du Socrétariat et des membres due commissions)
GATT Library
np684qr0923
Agenda for the fifth meeting : To be Held 5 December 1947, at 10.30 a.m
United Nations Conference on Trade and Employment, December 4, 1947
Sixth Committee: Organization
04/12/1947
official documents
E/CONF.2/C.6/6 and E/CONF.2/C.6/1-12/ADD.4
https://exhibits.stanford.edu/gatt/catalog/np684qr0923
np684qr0923_90170032.xml
GATT_149
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770
United Nations Nations Unies UNRISTRICTED CONFERENCE CONFERENCE E/CONF.2/C.6/6 ON DU 4 December 1947 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH SIXTH COMMITTEE: ORGANIZATION AGENDA FOR THE FIFTH MEETING To be Held 5 December 1947, at 10.30 a.m. 1. Continuation of the discussion of the amendment of the delegation of Mexico to Article 70 (document E/CONF.2/11/Add.17) The following speakers have signified their desire to speak; Mexico Venezuela Cuba Greece Turkey India Australia. 2. Discussion ºof Article 71 - Composition of the Conference 3. Discussion of Article 72 - Voting in the Conference.
GATT Library
md408sb7112
Agenda for the Fifth Meeting : To be Held Friday, 5 Docember 1947, at 10.30 a.m
United Nations Conference on Trade and Employment, December 4, 1947
First Committee: Employment and Economic Activity
04/12/1947
official documents
E/CONF.2/C.1/4 and E/CONF.2/C.1/1-26
https://exhibits.stanford.edu/gatt/catalog/md408sb7112
md408sb7112_90180233.xml
GATT_149
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799
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies CONFERENCE DU COMMERCE ET DE L'EMPLOI UNRESTRICTED E/CONF.2/C.1/4 4 December 1947 EGLISH - FRENCH FIRST COMMITTEE: EMPLOYMENT AND ECONOMIC ACTIVITY AGENDA FOR THE FIFTH MEETING To be Hold Friday 5 December 1947, at 10.30 a.m. 1. Continuation of discussion of Article 3 and subsequent articles in Chapter II on the basis of the amendments contained in document E/CONF.2/C.1/3 with addonda. PREMIERE COMMISSION : EMPLOI ET ACTIVITE ECONOMIQUE MORE DU JOUR DE LA CINQUIEME SEANCE qui se tiendra le vendredi 5 dTcembre 1947, à 10 h.30 1. Suite de la discussion de l'article 3 et des articles suivants du Chapitre II, compte tenu des amendements qui figurent dans le document E/CONF.2/C.1/3 et dans ses addendums.
GATT Library
dj178dt9685
Agenda for the First Meeting : To be held on Monday, 29 December 1947, 4.00 p.m. in Committee room E
United Nations Conference on Trade and Employment, December 27, 1947
Third Committee: Commercial Policy and Sub-Committee D (Articles 40, 41 and 43)
27/12/1947
official documents
E/CONF.2/C.3/D/W.1 and E/CONF.2/C.3/D/W/1-13/E/CONF.2/C.3/E/W/1-23
https://exhibits.stanford.edu/gatt/catalog/dj178dt9685
dj178dt9685_90190519.xml
GATT_149
153
1,132
United Nations Nations Unies ~E/CONF.2/C3/D/W.1 CONFERENCE CONFERENCE 27 December 1947 ON DU ORIGINAL: ENGLISH TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI THIRD COMMITTEE: COMMERCIAL POLICY SUB-COMMITTEE D (ARTICLES 40-43) AGENDA FOR THE FIRST MEETING To be Held on Monday, 29 December 1947, 4.00 p.m. in Committee Room E 1. Election of Chairman. 2. Other Business. 3. Article 40 - Emergency Action on Imports of Particular Products Paragraph 1 (a) (a) Deletion of part sentence (Peru) (b) Substitution of "or" for "and" in the second. line (Cuba) (c) Substitution of "or" for "and" in the sixth line (Italy) Paragraph 1 (b) (d) Deletion of this sub-paragraph (Denmark) Paragraph 2 (e) Deletion in the third sentence of the word "critical" and insertion of the word. "any" before "delay" (Argentina). New Article 40A (f) Insertion of new Article (Colombia) Article 41 - Consultation (g) Insertion in the penultimate line of reference to "freedom of transit" (Afghanistan).
GATT Library
gv569nr0092
Agenda for the fourteenth meeting : To be held on 18 December 1947 at 4.00 p.m
United Nations Conference on Trade and Employment, December 17, 1947
Sixth Committee: Organization
17/12/1947
official documents
E/CONF.2/C.6/24 and E/CONF.2/C.6/12/ADD.4-44
https://exhibits.stanford.edu/gatt/catalog/gv569nr0092
gv569nr0092_90170075.xml
GATT_149
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1,157
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies UNRESTRICTED CONFERENCE E/CONF.2/C.6/24 17 December 1947 DU ENGLISH - FRENCH COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH SIXTH COMMITTEE: ORGANIZATION AGENDA FOR THE FOURTEENTH MEETING To be held on 18 December 1947 at 4.00 p.m. Discussion of Article Discussion of Article Discussion of Article Discussion of Article Discussion of Article the Director-General, 81 (The Tariff Committee) 82 (The Direotor-General) 83 (The Staff) 84 (Belations with other Orgenizatione) 85 (International Responsibilitiee of Staff and Members of Commiseions). SIXIEME COMMISSION: ORGANISATION CORDRE DU JOUR DE LA QUATORZIEME SEANCE qui se tiendra le 18 décembre 1947, à 16 heures Examen de l'article 81 (Comité des tariffs douaniers) Examen de larticle 82 (Directeur général) Examen de l'article 83 (Secrétariat) Examen de l'article 84 (Relations avec les autres organisations) Examen de l'article 85 (Fonctions internationals du Directeur general, du personnel du Secrétariat et des membres des commissions) 1. 2. 3. 4. 5. 1. 2. 3. 4. 5.
GATT Library
yz240qs2485
Agenda for the Fourth Meeting : To be Held on 30 December, 4.00 p.m., Room K
United Nations Conference on Trade and Employment, December 27, 1947
Third Committee: Commercial Policy and Sub-Committee C: General Commercial Provisions (Articles 32 - 39)
27/12/1947
official documents
E/CONF.2/C.3/C/4 and E/CONF.2/C.3/A-E
https://exhibits.stanford.edu/gatt/catalog/yz240qs2485
yz240qs2485_90190340.xml
GATT_149
487
3,194
United Nations Nations Unies UNRESTRICTED E /CONF.2 /C .3/C/4 CONFERENCE CONFERENCE 27 December 1947 ON DU TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH THIRD COMMITTEE: COMMERCIAL POLICY SUB-COMMITTEE C ON GENERAL COMMERCIAL PROVISIONS (Articles 32 - 39) AGENDA FOR THE FOURTH MEETING To be Held on 30 December, 4.00 p.m., Room K (Reference: E/CONF.2/C.3/10) CONTINUATION OF DISCUSSION OF ARTICLE 32 - FREEDOM OF TRANSIT Paragraph 5 Note - Geneva Draft (Item 6), m.f.n. treatment with regard to transport charges. Paragraph 6 Deletion of qualification of 'direct consigment' for the purpose of maintaining present national legislation (France - Item 7) New Paragraph Limitation of the time of transit facilities for 'grazing livestock' (Costa Rica - Item 8) If Item 8 adopted 'seasonal nomads' to be exempted (Afghanistan - Item 9) ARTICLE 33 - ANTI-DUMPING AND COUNTERVAILING DUTIES Paragraph 1 Definition and.condemnation of dumping; definition of margin; redraft of paragraphs 1 and 2 (Cuba - Item 10) Condemnation of dumping (Syria and Lebanon - Item 11); Argentina - Item 12; China - Item 13; Mexico - Item 14, withdrawn in favour of the Cuban amendment, Item 10). Positive Form of Artlice 33 (Syria and Lebanon - Item 15) Hidden dumping (Note - Geneva Draft - Item 16) Paragpraph 2 Offsetting subsidies (Note - Geneva Draft - Item 17) Paragraph 5 Consultation with and action by the Organization (Demnark - Items 18 and 19); (Syria and Lebanon - Item 23) Safeguards against abuses (Note - Geneva Draft: Belgium - Luxemburg, Czecheslovakia, France and Netherlands - Item 20) /Paragraph 6 E/CONF.2/C.3/C/4 Page 2 Paragraph 6 Deletion of this paragraph (China, India and Pakistan - Item 21; Mexico - Item 22; Syria and Lebanon - Item 23) Reference to Article 40 (Note - Geneva Draft - Item 24) Rearrangement of paragraphs (Philippines - Item 25) ARTICLE 34 - VALUATION FOR CUSTOMS PURPOSES Paragraph 2 Note - Geneva Draft (Item 26) regarding the expression 'at the earliest practicable date', Deletion of the words 'upon request by another Member' (Argentina - Item 27). Paragraph 3 Sub-paragraph (a) Temporary binding of 'actual value' of goods to be permissible (Uruguay - Item 28). Sub-paragraph (b) 'Actual value' based on ascertained average value to be permissible if adjusted in cases of considerable price fluctuation (Chile - Item 29). Prices of government contracts to be regarded as 'actual value' (Uruguay - Item 30).? Notes - Geneva Draft: Item 31 - 'actual value' represented by invoice price Items 32 and 33 - the expression 'in the ordinary course of trade' in conjunction with 'under full competitive conidionts' explained; Item 34 - the meaning of sub-paragraphs (a) and (b) of paragraph 3. Praagraph 5 The deletion of this paragraph (Argentina - Item 35.) Sub-paragraph ( d) To apply also in case of a decrease of the amounts of duty payable Uruguay I tem 36). NEW PARAGRAPH Consultation with customs authorities before dispatching the goods (Uruguay - Item 37).
GATT Library
fr093jg3425
Agenda for the fourth meeting : To be Held Thursday, 4 December 1947, at 10.30 a.m
United Nations Conference on Trade and Employment, December 3, 1947
Sixth Committee: Organization
03/12/1947
official documents
E/CONF.2/C.6/4 and E/CONF.2/C.6/1-12/ADD.4
https://exhibits.stanford.edu/gatt/catalog/fr093jg3425
fr093jg3425_90170029.xml
GATT_149
166
1,208
United Nations Nations Unies E/CONF.2/C.6/4 CONFERENCE CONFERENCE 3 December 1947 ON DU ENGLISH - FRENCH TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI SIXTH COMMITTEE : ORGANIZATION AGENDA FOR THE FOURTH MEETING To be Held Thursday, 4 December 1947, at 10.30 a.m. 1. Discussion of the amendment of the Burma delegation to Article 68 in conjunction with the redraft of the amendment proposed by the delegation of Belgium. (Document E/CONF.2/C.6/3) 2. Statements by the delegates of the Philippines and Mexico on Article 69. 3. Discussion of Articles 70,71 and 72. SIXIEME COMMISSION : ORGANISATION ORDRE DU JOUR DE LA QUATRIEME SEANCE Qui se tiendra le jeudi 4 décembre 1947 à 10 h.30 1. Discussion de l'amendement a l'article 68 proposé par la délégation de la Birmanie et du texte modifié que la délégation de la Belgique propose pour cet amendement. (Document E/CONF.2/C.6/3). 2. Déclaration des représentants de la République des Philippines et du Mexique au sujet de l'article 69. 3, Discussion des articles 70, 71 et 72.
GATT Library
vm641qv2311
Agenda for the Meeting to be held on Friday, 2 January 1948 at 6.00 p.m
United Nations Conference on Trade and Employment, December 31, 1947
General Committee
31/12/1947
official documents
E/CONF.2/BUR/19, 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/vm641qv2311
vm641qv2311_90180185.xml
GATT_149
132
916
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies CONFERENCE DU COMMERCE ET DE L'EMPLOI RESTRICTED E/CONF.2/BUR/19 31 December 1947 ENGLISH - FRENCH ORIGINAL: ENGLISH GENERAL COMMITTEE AGENDA FOR THE MEETING TO BE HELD ON FRIDAY, 2 JANUARY 1948 AT 6.00 P.M. 1, Final Act (Note by the Executive Secretary, document E/CONF.2/BUR/17). 2. Progress of the Conference (Note by the Executive Secretary, document E/CONF.2/BUR/18). 3. Scheduling of meetings (Note by the Executive Secretary to be issued). BUREAU ORDRE DU JOUR DE LA SEANCE DU VENDREDI 2 JANVIER 1948 à 18 heures 1. Acte final (Note du SecrTtaire de la ConfTrence, Document E/CONF.2/BUR.17). 2. Etat d'avancement des travaux de la ConfTrence (Note du SecrTtaire de la ConfTrence, Document E/CONF.2/BUR.18). 3. Programme deT sTances (Une note sera puTliTe par le rTcT6taire de la fTnTfrence).
GATT Library
pp496jc4619
Agenda for the ninth meeting
United Nations Conference on Trade and Employment, December 9, 1947
Sixth Committee: Organization
09/12/1947
official documents
E/CONF.2/C.6/13 and E/CONF.2/C.6/12/ADD.4-44
https://exhibits.stanford.edu/gatt/catalog/pp496jc4619
pp496jc4619_90170064.xml
GATT_149
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United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies CONFERENCE DU COMMERCE ET DE L'EMPLOI UNRESTRICTED B/CONF.2/C.6/13 9 December 1947 ORIGINAL: ENGLISH SIXTH COMMITTEE : ORGANIZATION AGENDA FOR THE NINTH MEETING To be held. on Fri.day, 12 December 1947 at 10.30 a.m. Discussion of Article 74 (Powera and Duties of the Conference) Discussion of Article 75 (Composition of the Executive Board). SIXIEME COMMISSION : ORGANISATION ORDRE DU JOUR DE LA NEUVIEME SEANCE qui se tiendra le vendredi, 12 décembre 1947 à 10 h.30 Discussion de article 74 (Pouvoira et attributions de la Conference) Discussion de l'article 75 (Composition du Conseil exécutif), 1. 2 . 1. 2.
GATT Library
hb556cq8266
Agenda for the Ninth Meeting : To be Held on Saturday, 27 December 1947, 10:30 a.m
United Nations Conference on Trade and Employment, December 26, 1947
Third Committee: Commercial Policy and Third Committee: Commercial Policy Sub-Committee A (Articles 16, 17, 18, 19)
26/12/1947
official documents
E/CONF.2/C.3/A/W.14 and E/CONF.2/C.3/A/W.1-39
https://exhibits.stanford.edu/gatt/catalog/hb556cq8266
hb556cq8266_90190433.xml
GATT_149
297
2,178
United Nations Nations Unies CONFERENCE CONFERENCE RESTRICTED ON DU E/CONF.2/C.3/A/W.14 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 26 December 1947 ORIGINAL: ENGLISH THIRD COMMITTEE: COMMERCIAL POLICY SUB-COMMEITTEE A (ARTICLES 16, 17, 18, 19) AGENDA FOR THE NINTH MEETING To be Held on Saturday, 27 December 1947, 10:30 a.m. (Note: References are to items in Revised Annotated Agenda, Section A, document E/CONF.2/C.3/6) ARTICLE 17 - REDUCTION OF TARIFFS AND ELIMINATION OF PREFERENCES 1. Amendments to rules for negotiations; exemptions from requirement to negotiate; criteria for determining failure to negotiate Items 28 and 40 - economic development (Haiti) (Chile) Items 31 (iv), 32 and 33 (i) - ad valorem basis (Mexico) and automatic tariff reductions through currency depreciation (Colombia) (Peru) Items 28, 34, 40 and 41 - revenue tariffs (Haiti), (Ceylon) (Chile) (El Salvador) Item 40 - balance of payments and monetary reserves (Chile) Item 36 - revision of negotiated agreements because of economic conditions (Mexico) Item 42 - adjustment of custom duties to compensate for internal taxes or charges reduced or elirinated under Articles 18 and 35 (Venezuela) (see document E/CONF.2/C.3/6, Corr.2) Suggested revision of paragraph 1 (c) (France) (E/CONF.2/C.3/A/W.12) Suggested. new sub-paragraph 1 (e) and. new paragraph 4 (United States) (E/CONF.2/C.3/A/W.7) Suggested additions to rules for negotiations (Mexico) (E/C0NF.2/C.3/A/W.13) Suggested redraft of Article 17 (Australia) (E/CONF.2/C .3/A/W .9) 2. Failure to negotiate; role of Organization (Tariff Committee) Item 26 - second sentence (Uruguay) Item 38 - (Uruguay) Item 39 - (Peru) Item 43 - (Peru and Uruguay) 3. Relationship of new or existing bilateral agreements to obligations under Article 17 Items 45 and 47 - (Norway and Geneva Note) /4. Relationship E/CONF.2/C .3/A/W.14 Page 2 4. Relationship of negotiations leading to General Agreement on Tariffs and Trade to obligations under Article 17 Item 44 - (United States)
GATT Library
gt540mf9890
Agenda for the Second Meetitng : To be Held on 23 December, 4.00 p.m., Room K
United Nations Conference on Trade and Employment, December 22, 1947
Third Committee: Commercial Policy and Sub-Committee C: General Commercial Provisions (Articles 32 - 39)
22/12/1947
official documents
E/CONF.2/C.3/C/2 and E/CONF.2/C.3/A-E
https://exhibits.stanford.edu/gatt/catalog/gt540mf9890
gt540mf9890_90190338.xml
GATT_149
323
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United Nations Nations Unies UNRESTRICTED E/CONF.2/C.3/C/2 CONFERENCE CONFERENCE 22 December 1947 ON DU ORIGINAL : ENGLISH TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI THIRD COMMITTEE: COMMERCIAL POLIY SUB-COMMITTEE C ON GENERAL COMMERCIAL PROVISIONS ARTICELS 32 - 39 AGENDA FOR THE SECOND MEETING -: To bool n 23 December, o4.K0o0 K.m., Rocm1 ON OF DISCUSSION OF ARTICLE CONTISIEEDOITCF TRANSIT (BeEeLe Re-FRMOMrn: /C.3/10E/C10)lIC h 2Para- ; Deloo of aaragras pwrah on grounds of prggomatin ntonal shipping (Argentinae - Itm 4) Speciral amerangents aMemong mbers to be permissible (Chilee - Itm 5) Pararaph 5 Notee e-e Gna Draft (Item 6), m.f.n. treatment with regard to transport charges graPharap 6 Deletion of qualification' of dtirec consignment' foer th purpose of maintaining present national legislation (Feranc - Item 7) PpaNgegppPh Limitation of the ms otif transit facilities for 'grazing lisveto'ck (Costa Rica - Item 8) If Item 8 adopte'd seasonal nomads' to be exempd (tfeAghianstan- Item 9) ARTICLE 33 - AI-DNTUMPINAGD-N COUNTERVAILING DUTIES (Reference: E/CONF. 2/C. 3/10) raPgapah 1 Definition and condemnation of dumping; definition f moaring; erdraft fOparagraphs 1 and 2 (Cuba - Item 10) - Lebanon - omatio1n AoAf dupi ng tem 12 Item 12 and on - It 1t Ch- Ite1m, 13; MIbxi Item ,e14withwen ina favour of th. Cubn a.mt;.I::eI ) om of Article 33 (Syrin and Lebanon - Item 15)ainPciive y Ite 15) e - HiM1 dung f(1- fk mt G)eDra't Iter6 Qr22 tting subsidies (Note - Offucneva Draft - IteSm17) E/CONF.2/C.3/C/2 Page 2 Paragraph 5 Consultation with and action by the Organization (Denmark - Items 18 and 19); (Syria and Lebanon - Item 23) Safeguards againt abuses (Note - Geneva Draft: Belgium - Luxembourg, Czechoslovakia, France and Netherlands - Item 20) Paragraph 6 Deletion of this paragraph (China, India and Pakistan - Item 21; Mexico - Item 22; Syria and Lebanon - Item 23) Reference to Article 40 (Note - Geneva Draft - Item 24) Rearrangement of paragraphs (Philippines - Item 25)
GATT Library
pc101st5108
Agenda* for the Seventh Meeting : To be held 8 December 1947, Conference room B, 4.00 p.m
United Nations Conference on Trade and Employment, December 8, 1947
Third Committee: Commercial Policy
08/12/1947
official documents
E/CONF.2/C.3/5 and E/CONF.2/C.3/1-/ADD.45-C.3/9/ADD.1
https://exhibits.stanford.edu/gatt/catalog/pc101st5108
pc101st5108_90190067.xml
GATT_149
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United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE E/CONF.2/C.3/5 ON DU 8 December 1947 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH THIRD COMMITTEE: COMMERCIAL POLICY AGENDA* FOR THE SEVENTH MEETING To be Hald 8 December 1947, Conference Room B, 4.00 p.m. 1. Article 16, Paragraph 2 - Continuation of First Reading. Several delegations have alread indicated their desire to speak after which it is suggested that the first reading discussion of this paragraph should be closed. NOTES (1) Since the Preliminary Annotated Agenda was published, proposals relating to exceptions to paragraph 1, already covered in principle during the first reading discussion of this paragraph, have been submitted by the following delegations: Afghanistan, Egypt, Greece, Iran., Iraq, Lebanon, Syria, Turkey (document C. 3/1/Add.28) Bolivia (document C.3/1/Add.33) Burma (document C.3/1/Add. 47) Chile (document C.3/l/Add.6) Colombia (document C.3/l/Add.10) Dominican Republic (document C. 3/1/Add .32) Ecuador (document C.3/1/Add.1) Egypt (document C.3/1/Add.50) Guatemala (document C. 3/1/Add. 31) Haiti (document C. 3/1/Add. 29) Italy (document C.3/1/Add.18) Philippines (document C.3/1/Add.34) Portugal (document C.3/1/Add.35) (2) The delegations of Argentina (document 11/Add.3), United Kingdom (document 11/Add.8), Lebanon and Syria (document 11/Add.14) and Iraq (document C.3/1/Add.46) have submitted amendments to Article 42, paragraph 2 which are related to paragraph 2 of Article 16. 2. Article 16, Paragraph 2 - Annexes - First Reading Since the Preliminary Annotated Agenda was published, the delegation * The basic documents are the Geneva Draft and the Preliminar Annotated Agend (E/CONF.2/C. 3/1). /of Denmark E/CONF. 2/C. 3/5 Page 2 of Denmark has submitted an amendment to Annex A (document C.3/1/Add.38) and the delegation of Cuba to Annexes A and D (document C.3/1/Add.52). 3. Article 16, Paragraph 3 - First Reading 4. Article 17 - First Reading
GATT Library
pb897dk7317
Agenda for the seventh meeting : To be held Monday, 8 December 1947, at 10.30 a.m
United Nations Conference on Trade and Employment, December 6, 1947
Sixth Committee: Organization
06/12/1947
official documents
E/CONF.2/C.6/9 and E/CONF.2/C.6/1-12/ADD.4
https://exhibits.stanford.edu/gatt/catalog/pb897dk7317
pb897dk7317_90170035.xml
GATT_149
170
1,496
United Nations Nations Unies CONFERENCE CONFERÉNCE UNRESTRICTED ON DU E/CONF.2/C.6/9. TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 6 December 1947 ENGLISH - FRENCH SIXTH COMMITTEE: ORGANIZATION AGENDA FOR THE SEVENTH MEETING To be held Monday, 8 December 1947, at 10.30 a.m. 1. Continuation of the discussion of Article 72 (Voting in the Conference) The following delegates have asked to speak: Turkey New Zealand Italy Lebanon China Syria United States Iraq Afghanistan 2. Discussion of Article 73 (Sessions, Procedure and Officers of the Conference) 3. Discussion of Article 74 (Powers and Duties of the Conference) SIXIEME COMMISSION ; ORGANISATION QRDRE DU JOUR DE LA SEANCE qui se tiendra le lundi 8 décembre, à 10 h. 30 1. Suite de la discussion de 1'article 72 (note à la Conférence). Lea repréaentants des pays énumérés ci-après ont manifesté 1'intention de pendre la parole Turquie Nouvelle-Zélande Italie Liban Chine Syrie Etats-Unis Irak Afghanistan 2, Discussion de 1'article 73 (sessions, règlement intérieur et Bureau). 3. Discussion de 1'article 74 (pouvoirs et attributions de la Conférence).
GATT Library
zb721gb5252
Agenda for the Seventh Meeting : To be Held on Thursday, 11 December 1947
United Nations Conference on Trade and Employment, December 11, 1947
Fifth Committee: Inter-Governmental Commodity Agreements
11/12/1947
official documents
E/CONF.2/C.5/6 and E/CONF. 2/C. 5/1-19 C. 5/A/1-2
https://exhibits.stanford.edu/gatt/catalog/zb721gb5252
zb721gb5252_90200055.xml
GATT_149
432
2,948
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies UNRESTRICTED CONFERENCE E/CONF.2/C.5/6 DU 11 December 1947 COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH FIFTH COMMETTEE: INTER-GOVERNMENTAL COMODITY AGREEMENTS AGENDA FOR THE SEVENTH MEETING To be Held on Thursday, 11 December 1947 1. Completion of First reading of Section D Article 67 - Exceptions to Provisions Relating to Inter-governmental commodity Agreements Proposal of the delegation of Norway Proposal of the delegation of the United States Proposed New Article Proposal of the delegation of Colombia 2. Sections A and B - Matters Included in Annotated Agenda but not Discussed in previous meetings Article 53. Proposal of the delegation of Uruguay Article 54 Preamble: The proposal of the delegation of El Salmador might be considered in connection with its proposal to add a residual paragraph (h). Sub-paragraph (b): Proposal of the delegation of Mexico. Sub-paragraph (c): The question of the basis to be used in determining prices was discussed at the Fourth Meeting of the Committee. The amendments may be grouped: (i) Those relating to "efficient" producer (including proposal of the delegations of the Philippines, Ceylon, Uruguay, Venezuela, and El Salvador) (ii) Additions to the sub-paragraph proposed by the delegation of: Mexico Note 1 of Annotated Agenda Philippines Note 2 of Annotated Agenda El Salvador Note 6 of Annotated Agenda Cuba Note 7 of Annotated Agenda Sub-paragraph (e): Proposal of the delegation of Cuba Additional Subparagraphs: Proposals of the delegation of El Salvador (page 4). Proposal of the delegation of Uruguay (page 5 of Annotated Aganda) /Article 55 E/CONF.2/C 5/6 Page 2 Following the discussion on Article 59, paragraph 2, the Secretariat has prepared for the Sub-Committe a note on all references in the Chapter to "substantial" interest and it is suggested that discussion of the proposal by the delegation of Uruguay be postponed until the Sub-Committee has reported. Paragraph 1: Proposals of the delegation of Ceylon Proposed new paragraph; Proposal of the delegation of Ceylon. Article 55 - Commodity Conferences Paragraph 1: Proposal of the delegation of Ceylon. The principle of the proposal of the delegation of Egypt has already been discussed in Committee, but should be considered, however, by the Sub-Committee in connection with its examination of the use of the phrase "substantial interest". Proposed new paragraph: Proposal by the delegation of Peru (end of page 6). Proposal of the delegation of the Philippines. Article 58 Paragraph: The matters raised in the Mexican amendment have been discussed in Committee. It is suggested that we wait for the report of the Sub-Committee before further discussion on paragraph 6. 3. Election of additional Members to Sub-Committee.
GATT Library
mq828xm1906
Agenda for the Seventh Meeting : To be held on Tuesday, 9 December 1947, at 10:30 a.m
United Nations Conference on Trade and Employment, December 8, 1947
First Committee: Employment and Economic Activity
08/12/1947
official documents
E/CONF.2/C.1/6 and E/CONF.2/C.1/1-26
https://exhibits.stanford.edu/gatt/catalog/mq828xm1906
mq828xm1906_90180236.xml
GATT_149
255
1,733
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies CONFERENCE DU COMMERCE ET DE L'EMPLOI UNRESTRICTED E/Conf.2/C.1/6 8 December 1947 ENGLISH - FRENCH ORIGINAL : ENGLISH FIRST COMMITTEE: EMPLOYMENT AND ECONOMIC ACTIVITY AGENDA FOR THE SEVENTH MEETING To be held on Tuesday, 9 December 1947, at 10:30 a.m. 1. Continuation of the discussion of the Peruvian amendment to Article 5 (The representative of Brazil has indicated his intention to speak). 2. Discussion of Articles 6 and 7 on the basis of the relevant portions of document E/CONF.2/C.1/7. 3. Discussion of the amendment to Article 2 proposed by the delegation of the Philippines (document E/CONF.2/C.1/7). 4. Discussion of new (a) The amendment (b) The amendment Philippines. amendments to Article 3 to paragraph 1 proposed to paragraph 2 proposed (document E/CONF.2/C.1/7). by the delegation of Norway. by the delegation of the 5. Other business. PREMIERE COMMISSION EMPLOI ET ACTIVITE ECONOMIQUE ORDRE DU JOUR DE LA SEPTIEME SEANCE qui se tiendra le mardi 9 d?cmbre 1947,? 10 h. 30 1. Suite de la discussion de l'amendement ? l'article 5 propos? par la d?l?gation du P?rou (le repr?esentant d eB?s'il aaenron?6 q'lil pexnrdai, la parole). 2. Discussion des articles 6 et 7 sur la base des sections du document E/CNOF.2/C.l/7 qui 'sy rapportent. 3. Discussiond el0'amendement al1'article 2 prepo?0 par la ?d?lgation des Philippines (document E/CONF.2/C.l/7). 4. Discussion de nouvaeux amendements?? l'articl 3e(documen tE/ONKF.2/.,1/7.j (a) Amendement au paragrape 1proepo?e par la ?6?~aTtion de la Nor?bge - (b) Amendement au paragrape ereops?e par la ?~?6gatlon des Philippines. 5.. Questions diverses.
GATT Library
dy508nk4442
Agenda for the sixteenth meeting : To be held an 29 December 1947 at 10.30 a.m
United Nations Conference on Trade and Employment, December 22, 1947
Sixth Committee: Organization
22/12/1947
official documents
E/CONF.2/C.6/28 and E/CONF.2/C.6/12/ADD.4-44
https://exhibits.stanford.edu/gatt/catalog/dy508nk4442
dy508nk4442_90170079.xml
GATT_149
216
1,708
United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE E/CONF.2/C.6/28 ON DU 22 December 1947 ENGLISH - FRENCH TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH SIXTH COMMITTEE: ORGANIZATION AGENDA FOR THE SIXTEENTH MEETING To be hold an 29 December 1947 at 10.30 a.m. 1. Consideration of paragraph 1 of Article 92 (Miscellaneous Provisions) 2. Consideration of Article 84 (Relations with Other Organizations) 3. Consideration of Article 85 (International Responsibilities of the Director-General, Staff and Members of Commissions) 4. Consideration of Article 86 (International Legal status of the Organization) 5. Consideration of Article 87 (Status of the Organization in the Territory of Members) 6. Consideration of Article 88 (Contributions) 7. Consideration of Article 89 (Consultation between Members) SIXIEME COMMISSION : ORGANISATION ORDRE DU JOUR DE LA SEIZIEME SEANCE qui se tiendra le 29 décembre 1947, à 10 h, 30 1. Examen du premier paragraphe de l'article 92 (Dispositions diverse) 2. Examen de l'article 84 (Relations avec lee autres organizations) 3. Examen de l'article 85 (Fonctions internationales du Directeur général, du personnel du Secrétariat et des membres des Commissions) 4. Examen de l'article 86 (Statut juridique international de l'Organisation) 5. Examen de l'article 87 (Statut de l'Organisation dans le territoire des Etats membres) 6. Examen de l'article 88 (Contributions) 7. Examen de l'article 89 (Consultation mutuelle des membres)
GATT Library
ym367sv6620
Agenda for the sixth meeting : To be held on Saturday, 6 December 1947 at 10.30 a.m
United Nations Conference on Trade and Employment, December 5, 1947
Sixth Committee: Organization
05/12/1947
official documents
E/CONF.2/C.6/7 and E/CONF.2/C.6/1-12/ADD.4
https://exhibits.stanford.edu/gatt/catalog/ym367sv6620
ym367sv6620_90170033.xml
GATT_149
212
1,509
United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE E/CONF.2/C.6/7 ON DU 5 December 1947 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH - FRENCH SIXTH COMMITTEE: ORGANIZATION AGENDA FOR THE SIXTH MEETING To be held on Saturday, 6 December 1947 at 10.30 a.m. 1. Comments by the delegate for Indonesia upon the statement made by the delegate for the Netherlands relating to the amendment to Article 68 presented by the delegate for Burma. 2. Discussion of Article 71 - Composition of the Conference. 3. Discussion of Article 72 - Voting in the Conforence. (Document E/CONF.2/C.6/2 (pages 4 and 5), documents E/CONF.2/4 and E/CONF.2/4/Add.l, and the Report of the Second Session of the Preparatory Committee are the relevant documents). SIXIEME COMMISSION: ORGANISATION ORDRE DU JOUR DE LA SIXIEME SEANCE qui sera tenue le samedi 6 décombre 1947, à 10 h.30. 1, Observations du délégué de l'Indonésie sur la declaration feite par le délégué des Pays-Bas a propos de l'amendement à l'article 68 présenté par le délégué de la Birmanie. 2. Discussion de l'article 71 - Composition de la Conférence. 3. Discussion de l'article 72 - Vote Lea documents de référence sont les suivants: Le document E/CONF.2/C.6/2 (page 5), lea documents E/CONF.2/4 et E/CONF.2/4/Add.l et le rapport de la deuxième session de la Commission préparatoire,
GATT Library
xy852zc5489
Agenda for the tenth meeting : To be Held 13 December 1947 at 10.30 a.m
United Nations Conference on Trade and Employment, December 12, 1947
Sixth Committee: Organization
12/12/1947
official documents
E/CONF.2/C.6/17 and E/CONF.2/C.6/12/ADD.4-44
https://exhibits.stanford.edu/gatt/catalog/xy852zc5489
xy852zc5489_90170067.xml
GATT_149
103
700
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies E/CONF.2/C.6/17 12 December 1947 CONFERENCE ENGLISH - FRENCH Du COMMERCE ET DE L'EMPLOI SIXTH COMMITTEE: ORGANIZATION AGENDA FOR THE TENTH MEETING To be Held 13 December 1947 at 10.30 a.m. 1. Continuation of discussion of Article 74 (Powers and Duties of the Conference) 2. Discussion of Article 75 (Composition of the Executive Board) SIXIEME COMMISSION: ORGANIZATION ORDRE DU JOUR DE IA DIXIEME SEANCE quI so tiendra le 13 décembre 1947 à 10 h. 50. 1. Suito do la discussion de l'article 74 (Pouvoirs ot attributions) 2. Discussion de l'article 75 (Composition du Consoil exécutif).
GATT Library
pm857xq5326
Agenda for the Tenth Meeting : To be Held an Monday, 29 December 1947, 10.30 a.m
United Nations Conference on Trade and Employment, December 27, 1947
Third Committee: Commercial Policy and Third Committee: Commercial Policy Sub-Committee A (Articles 16, 17, 18, 19)
27/12/1947
official documents
E/CONF 2/C.3/A/W.16 and E/CONF.2/C.3/A/W.1-39
https://exhibits.stanford.edu/gatt/catalog/pm857xq5326
pm857xq5326_90190436.xml
GATT_149
212
1,505
United Nations Nations Unies RESTRICTED CONFERENCE CONFERENCE E/CONF 2/C. 3/A/W.16 ON DU 27 December 1947 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL : ENGLISH THIRD COMMITTEE: COMMRERCIAL POLICY SUB-COMMITTEE A (ARTICLES 16, 17, 18, 19) AGENA FOR THE TENTH MEETING To be Held an Monday, 29 December 1947, 10.30 a.m. (Note: References are to items in Revised Annotated Agenda, Section A, document E/CONF.2/C .3/6) ARTICLE 17 - REDUCTION OF TARIFFS AND ELIMINATION OF PRERERENCES 1. Amendments to rules f or negotiations; criteria for determining failure to negotiate Item 40 - balance of payments and monetary reserves (Chile) Item 36 - revision of negotiated agreements because of economic conditions (Mexico) Item 42 - adjustment of custom duties to compensate for internal taxes or charges reduced or eliminated under Articles 18 and 35 (Venezuela) (see document E/CONF.2/C.3/6, Corr.2) 2. Failure to negotiate; role of Organization (Tariff Committee) Item 26 - second sentence (Uruguay) Item 38 - (Uruguay) Item 39 - (Peru) Item 43 - (Peru and. Uruguay) 3. Relationship of new or existing bilateral agreements to obligations under Article l7 Items 45 and 47 - (Norway ^nd Geneva Note) 4. R?7 of ;tjD & M5L leading to Genersi Agreement on Tariffs and Trade to obligations under Article 17 Item 44 - (United States)
GATT Library
jd991gc7190
Agenda for the Third-Meeting : To be Held on 27 December, 10.30 a.m., Room K
United Nations Conference on Trade and Employment, December 22, 1947
Third Committee: Commercial Policy and Sub-Committee C: General Commercial Provisions (Articles 32 - 39)
22/12/1947
official documents
E/CONF.2/C.3/C/3 and E/CONF.2/C.3/A-E
https://exhibits.stanford.edu/gatt/catalog/jd991gc7190
jd991gc7190_90190339.xml
GATT_149
315
2,160
United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE E/CONF .2/C.3/C/3 ON DU 22 December 1947 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH THIRD COMMITTEE: COMMERCIAL POLICY SUB-COMMITTEE C ON GENERAL COMMERCIAL PROVISIONS ARTICLE 32 - 39 - OR TATHTHIRD MEETINGE G.,, GD MTIN, To be Held on 27 DecembRer, 10.30 a.m., oom K DIICUSJOFTIOF AS CPICUSOF- FREEDOM IC ERA3S2 EEDOM- OFRTANIT (Reference: FVfI/ .30) 2agraPapE Special arrangements among Members to be permissibile i(Chle -Item 5) - Pararah 5 Note - Geneva Draft (Item 6), m.f.n. treatment with regard to transport charges. Paragaph 6 Dqletion of ualif ''cation ofdinect''consigment for the purpose of maintaining present national legislatio-n (France Item 7) New Paragraph Limitation of the time of transit facilities for 'grazing livestock' (Costa Rica - Item 8) If Item 8 adopted 'seaso'nal nomads to be exghemptedn (Afanista - Item 9) ARTINCLE 3Mp<N3 - ATI-DIGER AILING AND COUNReTVDUTIES (ference: E3/COF. /C -10) Paragraph 1 Definition and condemnation of dumping; definition of margin; redraft of paragraphs 1 and 2 (Cuba - Item 10) Condemnation of dumping (Syria and Lebanon - Item 11; Argentina - Item 12; China - Item 13; Mexico - wIthem w14, itdran in favour of the Cuban amendment, Item 10). Posmitive For of Article 33 (Syria and Lebanon - Item 15) HiddenNNumping (ote - Geneva Draft - Item 16) hParagrau2 Offsetting subsNitedies (o - Geneva Draft - Item 17) /Paragraph 5 E/CONF. 2/C.3/C/3 Page 2 Paragraph 5 Consultation with and action by the Organization (Denmark - Items 18 and 19); (Syria and Lebanon - Item 23) Safeguards against abuses (Note - Geneva Draft: Belgium - Luxembourg, Czechoslovakia, France and Netherlands - Item 20) Paragraph 6 Deletion of this paragraph (China, India and Pakistan - Item 21; Mexico - Item 22; Syria and Lebanon - Item 23) Reference to Article 40 (Note - Geneva Draft - Item 24) Rearrangement of paragraphs (Philippines - Item 25)
GATT Library
yg835cs5518
Agenda for the thirteenth meeting : To be Held on 17 December 1947 at 10.30 a.m
United Nations Conference on Trade and Employment, December 16, 1947
Sixth Committee: Organization
16/12/1947
official documents
E/CONF.2/C.6/23 and E/CONF.2/C.6/12/ADD.4-44
https://exhibits.stanford.edu/gatt/catalog/yg835cs5518
yg835cs5518_90170074.xml
GATT_149
180
1,251
United Nations CONFRNCE ON TRADE AN1D EMPLOYMEMENT Nations Unies UNRESTRICTED F/CONF. 2/C. 6/2 CONFERECE 16 December R7 DU ORIGINAL: ENGLISH COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH SIXTH COMITTEE: ORGANIZATION AGENDA FOR THE THIRTEENTH MEETING To be Hold on 17 December 1947 at 10.30 a.m. 1. Continuation of the discussion of Article 75 (Composition of the Executive Board), The delegates of Venezuela, Greece and Afghanistan have asked to speak. 2. Discussion of Article 76 (Voting in the Executive Board). 3. Discussion of Article 77 (Sessions, Procudure and Officers of the Executive Board). 4. Discussion of Article 78 (Powers and Duties of the Executive Board), SIXIEME COMMISSION : ORGANIZATION ORDER DU JOUR DE LA TREIZIEME SEANCE qui sera tenue le 17 décembre 1947, à 10 heures 30 1. Suite de la discussion de l'article 75 (composition du Conseil exécutif). Les d_légués du Venezuela, de la Grèce et de l'Afghanistan ont demandé la parole. 2. Discussion de l'article 76 (vote au Conseil exécutif) 4. Discussion de l'article 77 (sessions, réglement intérieur et Bureau). Discussion de l'article 78 (pouvoirs et attributions du Conseil exécutif).
GATT Library
qv296tv7156
Agenda for the twelfth meeting : To be held on 16 December 1947 at 4.00 p.m
United Nations Conference on Trade and Employment, December 15, 1947
Sixth Committee: Organization
15/12/1947
official documents
E/CONF.2/C.6/22 and E/CONF.2/C.6/12/ADD.4-44
https://exhibits.stanford.edu/gatt/catalog/qv296tv7156
qv296tv7156_90170073.xml
GATT_149
116
788
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies CONFERENCE DU COMMERCE ET DE E/CONF.2/C.6/22 15 December 1947 L'EMPLOI ENGLISH - FRENCH ORIGINAL: ENGLISH SIXTH COMMITTEE: ORGANIZATION AGENDA FOR THE TWELFTH MEETING To be held on 16 December 1947 at 4.00 p.m. Continuation of the discussion of Article 75 (Composition of the Executive Board). The following delegates have indicated their desire to speak: Cuba Norway Brazil Canada SIXEME COMMISSION: ORGANISATION ORDRE DU JOUR DE LA DOUZIEME SEANCE qui aura view le 16 décembre 1947, à 16 heures Suite de la discussion de l'article 75 (Composition du Conseil exécutif). Ies représentants des pays euivants ont fait savoir qu'ils désiraient prendre la parole : Cuba Norvège Brésil Canada
GATT Library
by219vd3541
Agenda for Third Meeting : To be held on Wednesday, 17 December 1947, at 4:00 p.m
United Nations Conference on Trade and Employment, December 16, 1947
Joint Sub-Committee of Committees II and VI
16/12/1947
official documents
E/CONF.2/C.26/A.1, E/CONF.2/C.23/A/1-15, and C.26/A/1-24
https://exhibits.stanford.edu/gatt/catalog/by219vd3541
by219vd3541_90180408.xml
GATT_149
147
902
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies CONFERENCE DU COMMERCE ET DE L'EMPLOI UNRESTRICTED E/CONF.2/C.2 & 6/ A/1 16 December 1947 ENGLISH - FRENCH Original: English JOINT SUB-COMMITTEE OF COMMITTES II AND VI AGENDA FOR THIRD MEETING To be held on Wednesday, 17 December 1947, at 4:00 p.m. 1 . Continued discussion of paragraph 1 (a) eof nw Article 12A proposed. by Colombia. 2. Paragraphs 1 (b), 2 and 3 of new Article 12A proposed by Colombia. SOUS-COMMISSION MIXTE DES DEUXIEME ET SIXTEME COMMISSION ORDER DU JOUR DE LA TROISIEME SEANCE qui se tiendra le mercredi 17 decembre 1947, a 16 heures 1. Suite de la discussion de l'alanea (a) du paragraphe 1 de l'article 12 A nouveau proposT par la Colombie. 2. Discussion de l'alinTa (b) -du paragraph 1 et des paragaphes 2 et 3 de l'article 12 A nouveau proposT par la Colombie.
GATT Library
nd790vx2153
Agenda for Third Meeting : To be held on Wednesday 17 December 1947, at 4.00 p.m
United Nations Conference on Trade and Employment, December 16, 1947
Joint Sub-Committee of Committees II and VI
16/12/1947
official documents
E/CONF.2/C.26/A/1/Rev.1, E/CONF.2/C.23/A/1-15, and C.26/A/1-24
https://exhibits.stanford.edu/gatt/catalog/nd790vx2153
nd790vx2153_90180409.xml
GATT_149
135
1,069
United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE E/CONF.2/C. 2&6 ON DU A/1/Rev.1 16 December 1947 ENGLISH - FRENCH TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH AGENDA FOR-THIRD MEETING KWV ld on Wednesday 17 December 1947, at 4.00 p. in1. Continaion of discussion of new C=Aricl e 2proposed by Colombia EC(O/NF/.2/9 agpes 25.28) 2 Additional paragraph proposede byCo saa Rica to Artilec12 EC(P/NO2.W2.2/9pa ge 21) 3. Accocice( 11 (E/CONF .2/C. 2/9 page 1 inclusive US-SIYS-COSION MITE XDES DEUXIEME ET SIXIEME COMMISSION RR DORDER DJ JUR EDE KA TROESIEME SE qui meaCe oiemn 7 dle mercred17 6decembre . Sustession d1 l. Siauite de la discussion l'article 1a CNFtlmbi (E//c0oomba)ges 2VCONF> 2s on di)curassi sed. Discussaion du paragra[phe supplTmentries que Costa a '&tEicONF12 (BC0Vh.2/Ca l'article 12 ( 3. Discussion de I'artEclON2/jIF.2/cp/9àe ages 1)i 10 (CNF .
GATT Library
wv806ck1374
Agenda for Twelfth Meeting : To be Held on Wednesday, 31 December 1947, 10.30 a.m
United Nations Conference on Trade and Employment, December 30, 1947
Third Committee: Commercial Policy and Third Committee: Commercial Policy Sub-Committee A (Articles 16, 17, 18, 19)
30/12/1947
official documents
E/CONF.2/C.3/A/W.19 and E/CONF.2/C.3/A/W.1-39
https://exhibits.stanford.edu/gatt/catalog/wv806ck1374
wv806ck1374_90190441.xml
GATT_149
180
1,330
United Nations Nations Unies RESTRICTED CONFERENCE CONFERENCE E/CONF . 2/C. 3/A/ ON DU W.19 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 30 Deceaber 1947 ORIGINAL: ENGLISH THIRD COMMITTEE: COMMERCIAL POLICY SUB-COMMITTEE A (ARTICLES 16, 17, 18, 19) AGENDA FOR TWELFTH MEETING To be Held on Wednesday, 31 December 1947, 10.30 a.m. (Note: References are to items in Revised Annotated Agenda, Section A, document E/CONF.2/C.3/6) ARTICLE 17 - REDUCTION OF TARIFFS AND ELIMINATION OF PREFERENCES 1. Amendments to rules for negotiations Item 42 - adjustment of custom duties to compensate for internal taxes or charges reduced or eliminated under Articles 18 and 35 (Venezuela) (see document E/CONF.2/C.3/6, Corr.2) 2. Failure to negotiate: role of Organization (Tariff Comnittee) Item 26 - second sentence (Uruguay) Item 38 - (Uruguay) Item 39 - (Peru) Item 43 - (Peru and Uruguay) 3. Relationship of new or existing bilateral Agreements to obligations under Article 17. Items 45 and 47 - (Norway and Geneva ?ote) 4. Relationship of negotiations leading to General Agreement on Tariffs and Trade to obligations under Article 17 Item 44 - (United States)
GATT Library
wt318bs5770
Agenda : Friday, 19 December 1947, 10.30 a.m
United Nations Conference on Trade and Employment, December 18, 1947
Third Committee: Commercial Policy and Sub-Committee A (Articles 16, 17, 18, 19)
18/12/1947
official documents
E/CONF.2/C.3/A/W.5 and E/CONF.2/C.3/A/W.1-39
https://exhibits.stanford.edu/gatt/catalog/wt318bs5770
wt318bs5770_90190423.xml
GATT_149
389
2,699
United Nations Nations Unies RESTRICTED CONFERENCE CONFERENCE E/CONF.2/C.3/A/W.5 ON DU 18 December 1947 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGIAL: ENGLISH THIRD COMMITTEE: COMMERCIAL POLICY SUB-COMMITTEE A (ARTICLES 16, 17, 18, 19) OF THIRD COMMITTEE AGENDA Friday, 19 December 1947, 10.30 a.m. (Note: References are to items in Revised Annotated Agenda, Section A, document E/CONF.2/C.3/6) ARTICLE 17 - REDUCTION OF TARIFFS AND ELIMINATION OF PREFERENCES 1. Initiation of and participants in negotiations - continuation of discussion. Item 25 . first part ending with the words "the other Members" (Argentina) Item 26 - first sentence (Uruguay) Item 27 - first amendment (Mexico) Item 28 - first sentence (Haiti) 2. Purpose of negotiations Item 25 - second part beginning with the word "negotiations" (Argentina) Item 27 - second amendment beginning with the word "conclusion" and third amendment beginning with the words "in order to secure" (Mexico) Item 29 - (Philippines) 3. Amendments to rules for negotiations Items 30 and 46 - prior international commitments (Cuba and Geneva Note) Items 31, 33 (ii) and 35 - (a) prior equalization of tariff levels (Mexico) (b) special consideration for devastated, under-developed and debtor countries (Colombia, Mexico and Peru) (See also Agenda Item 4) (c) ad valorem basis (Mexico) Items 32 and 33 (i) - automatic tariff reductions through currency depreciation (Colombia and Peru) Item 34 - revenue tariffs (Ceylon) (See also Agenda Item 4) Item 36 - revision of negotiated agreements (Mexico) /Item 42 E /CONF. 2/C. 3/A/W. 5 Page 2 Item 42 - adjustment of customs duties to compensate for internal taxes or charges reduced or eliminated under Articles 18 and 35 (Venezuela) (see document E/CONF.2/C.3/6, Corr.2) 4. Exemptions from requirement to negotiate; criteria for determining failure to negotiate Item 28 - economic development and revenue tariffs (Haiti) Item 41 - revenue tariffs (El Salvador) Item 40 - economic development, balance of payments, monetary reserves and revenue tariffs (Chile) 5. Failure to negotiate; role of Organization (Tariff Committee) Item 26 - second sentence (Uruguay) Item 38 - (Uruguay) Item 39 - (Peru) Item 43 - (Peru and Uruguay) 6. Relationship of new or existing bilateral agreements to obligations under Article 17 Item 45 and 47 - (Norway and Geneva Note) 7. Relationship of negotiations leading to General Agreement on Tariffs and Trade to obligations under Article 17 Item 44 - (United States)
GATT Library
wy248wm9233
Agenda : Monday,22 December 1947,10.30 a.m
United Nations Conference on Trade and Employment, December 20, 1947
Third Committee: Commercial Policy and Third Committee: Commercial Policy Sub-Committee A (Articles 16, 17, 18, 19)
20/12/1947
official documents
E/CONF.2/C.3/A/W.6 and E/CONF.2/C.3/A/W.1-39
https://exhibits.stanford.edu/gatt/catalog/wy248wm9233
wy248wm9233_90190424.xml
GATT_149
313
2,196
RESTRICTED United Nations Nations Unies E/CONF.2/C.3/A/W .6 20 December 1947 CONFERENCE CONFERENCE ORIGINAL: ENGLISH ON DU TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI THIRD COMMITTEE: COMMERCIAL POLICY SUB-COMMITTEE A (ARTICLE 16, 17, 18, 19) AGENDA Monday, 22 December 1947, 10.30 a.m. (Note: References are to items in Revised Annotated Agenda, Section A, document E/CONF.2/C .3/6) ARTICLE 17 - REDUCTION OF TARIFFS AND ELIMINATION OF PREFERENCES 1. Purpose of negotiations - Continuation of Discussion Item 29 - (Philippines) 2. Amendments to rules for negotiations Items 30 and 46 - prior international commitments (Cuba and Geneva Note) Items 31, 33 (ii) and 35 - (a) prior equalization of tariff levels (Mexico) (b) special consideration for devastated, Underdeveloped and debtor countries (Colombia, Mexico and Peru) (See also Agenda Item 4) (c) ad valorem basis (Mexico) Items 32 and 33 (i) - automatic tariff reductions through currency depreciation (Colombia and Peru) Item 34 - revenue tariffs (Ceylon) (See also Agenda Item 4) Item 36 - revision of negotiated agreements (Mexico) Item 42 - adjustment of customs duties to compensate for internal taxes or harges reduced or eliminated under Articles 18 and 35 (Venezuela) (see document E/CONF.2/C.3/6, Corr.2) 3, Exemptions from requirement to negotiate; criteria for determining failure to negotiate Item 28 - economic development and revenue tariffs (Haiti) Item 41 - revenue tariffs (El Salvador) Item 40 - economic development, balance of payments, monetary reserves and revenue tariffs (Chile) 4. Failure to negotiate; role of Organization (Tariff Committee) Item 26 - second sentence (Uruguay) /Item 38 E/CONF.2/C .3/A/W.6 Page 2 Item 38 - (Uruguay) Item 39 - (Peru) Item 43 (Peru and Uruguay) 5. Relationship of new or existing bilateral agreements to obligations under Article 17 Items 45 and 47 - (Norway and Geneva Note) 6. Relationship of negotiations leading to General Agreement on Tariffs and trade to obligations under Article 17 Item 44 - (United States)
GATT Library
vw806pr4020
Agenda of Comiettee III A : Meeting on Tuesday, 30 December 1947 at 4.00 p.m
United Nations Conference on Trade and Employment, December 29, 1947
Third Committee: Commercial Policy
29/12/1947
official documents
E/CONF.2/C.3/27 and E/CONF.2/C.3/10-38
https://exhibits.stanford.edu/gatt/catalog/vw806pr4020
vw806pr4020_90190119.xml
GATT_149
160
1,254
United Nations Nations Unies UNRESTRICTEDMSTRICM NCEFENCE CONFERENCE E/CONF.2/C.3/27 ON DU 29 December 1947 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH THIRD COMMITTEE: COMMERCIAL POLICY AGENDA OF COMIETTEE III A Meeting on Tuesday, 30 December 194007 at 4. p.m. 1. Sub-Committee C The delegation of Norway has withdrawn from membership of the Sub-Committee on Articles 32 - 39, and the Sub-Committee recommends that the delegation of South Africa should be appointed to the Sub-Committee to replace Norway. 2. Joint Sub-Committee of Committees II and III The Joint Sub-Committee of Committees II and III, at the first meeting on Friday, 26 December 1947, decided to recommend that all the proposals on Article 42 should be referred to the Joint Sub-Committee. This requires a reconsideration of the Committee's decision to divide the proposals on Article 42 into two groups, namely, those concerning new preferential arrangaAementsnd those concerning customs unions. In the opinion of the Joint Sub-Committee these two problemss are ineparable.
GATT Library
dy281tx3140
Agenda of Committee III b : To be held on Saturday, 20 December 1947 at 10.30 a.m. (Reference: E/CONF.2/C.3/7)
United Nations Conference on Trade and Employment, December 18, 1947
Third Committee: Commercial Policy
18/12/1947
official documents
E/CONF.2/C.3/21 and E/CONF.2/C.3/10-38
https://exhibits.stanford.edu/gatt/catalog/dy281tx3140
dy281tx3140_90190113.xml
GATT_149
233
1,851
United Nations Nations Unies UNRESTRICTED E/CONF.2/C.3/21 CONFERENCE CONFERENCE 18 December 1947 ON DU TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH THIRD COMMITTEE: COMMERCIAL POLICY AGENDA OF COMMITTEE III b To be Held on Saturday, 20 December 1947 at 10.30 a.m. (Reference: E/CONF.2/C.3/7) 1. Article 20 - General Elimination of Quantitative Restrictions (First Reading) Completion of discussion of proposed amendments and Geneva Draft notes (E/CONF.2/C.3/14). The following delegations have expressed the desire to speak:: Ceylon Norway Ireland Brazil Switzerland Italy Argentina India - Philippines .- - Syria. Pakistan Turkey United Kingdom 2. Aaicle g21 - Petrictions to SafeEurd the Balance of0 a~yents fists eading) PareZh 1 Item 27 (Ceylon) - (see related amendment below - Item 32) tem 28 (Australia) Paragraph 2 (a) Item 29 (Argentina) Item 30 (Venezuela) Item 31 (Chi:) Item 32 (Ceylon) Paragraph 2 C) Item 33 (Australia) Paragraph 3 ( a) Item 34 (Argentina) Paragrao 3 (b) Item 35 (Denmark) Item 36 (Geneva Draft Note) /Paragraph 3 (c) E/CONF.2/C. 3/21 Page 2 Paragraph 3 (c) Item 37 (Ceylon) Item 38 (Argentina) Paragraph 4 Item 39 (Ceylon and Venezuela) Item 40 (Argentina) Item 41 (Italy) Item 42 (Uruguay) Item 43 (Uruguay) Item 44 (Venezuela) Item 45 (Uruguay) Item 46 (Venezuela) Item 47 (Italy) Item 48 (Italy) Item 49 (Italy) Item 50 (Belgium) Note: The International Chamber of Commerce has proposed amendments relating to paragraphs 3 and 4. (See E/CONF.2/14).
GATT Library
qm881ny4488
Agenda of Committee III b : To be Held on Thursday, 1 January 1948, at 4.00 p.m
United Nations Conference on Trade and Employment, December 31, 1947
Third Committee: Commercial Policy
31/12/1947
official documents
E/CONF.2/C.3/31 and E/CONF.2/C.3/10-38
https://exhibits.stanford.edu/gatt/catalog/qm881ny4488
qm881ny4488_90190123.xml
GATT_149
89
634
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies UNRESTRICTED CONFERENCE E/CONF. 2/C.3/31 DU 31 December 1947 COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH THIRD COMMITTEE: COMMERCIAL POLICY AGENDA OF COMMITTEE III b To be Held on Thursday, 1 January 1948, at 4.00 p.m. 1. Continuation of the First Reading of Article 23 - Exceptions to the Rule of Non-Discrimination and Article 24 - Exchange Arrangements (Reference E/CONF. 2/C.3/29 and E/CONF. 2/C . 3/7). 2 . New Article Proposed by the delegation of Switzerland (First Reading). (Reference: E/CONF.2/C.3/11 page 6).
GATT Library
yy020kt6032
Agenda of Committee III b : To be held on Tuesday, 23 December 1947 at 10.30 a.m. (Reference: E/CONF.2/C.3/7)
United Nations Conference on Trade and Employment, December 22, 1947
Third Committee: Commercial Policy
22/12/1947
official documents
E/CONF.2/C.3/24 and E/CONF.2/C.3/10-38
https://exhibits.stanford.edu/gatt/catalog/yy020kt6032
yy020kt6032_90190116.xml
GATT_149
217
1,599
United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE E/CONF.2/C.3/24 22 December 1947 ON DU TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH THIRD COMMITTEE: COMMERCIAL POLICY AGENDA OF COMMITTEE III b To be Held on Tuesday, 23 December 1947 at 10.30 a.m. (Reference: E/CONF.2/C.3/7) 1. Article 20 - General Elimination of Quantitative Restrictions (First Reading) Completion of discussion of proposed amendments and:Geneva Draft notes (E/CONF.2/C.3/14). The following delegations have expressed the desire to speak: Chile Finland Guatemala Mexico 2. Article 21 - Restrictions to Safeguard the Balance of Payments (First Reading) Paragraph 1 Item 27 (Ceylon) - (see related amendment below - Item 32) Item 28 (Australia) Paragraph 2 (a) Item 29 (Argentina) Item 30 (Venezuela) Item 31 (Chile) Item 32 (Ceylon) Paragraph 2 (b) Item 33 (Australia) Paragraph 3 (a) Item 34 (Argentina) Paragraph 3 (b) Item 35 (Denmark) Item 36 (Geneva Draft Note) E/CONF. 2/C .3 /24 Page 2 Paragraph 3 (c) Item 37 (Ceylon) Item 38 (Argentina) Paragraph 4 Item 39 (Ceylon and Venezuela) Item 40 (Argentina) Item 41 (Italy) Item 42 (Uruguay) Item 43 (Uruguay) Item 44 (Venezuela) Item 45 (Uruguay) Item 46 (Venezuela) Item 47 (Italy) Item 48 (Italy) Item 49 (Italy) Item 50 (Belgium) Note: The International Chamber of Commerce has proposed amendments relating to paragraphs 3 and 4. (See E/CONF.2/14).
GATT Library
sg203cx7080
Agenda of Committee III B : To be Held on Tuesday, 30 December 1947 at 4.15 p.m
United Nations Conference on Trade and Employment, December 29, 1947
Third Committee: Commercial Policy
29/12/1947
official documents
E/CONF.2/C.3/28 and E/CONF.2/C.3/10-38
https://exhibits.stanford.edu/gatt/catalog/sg203cx7080
sg203cx7080_90190120.xml
GATT_149
252
1,784
United Nations Nations Unies CONFERENCE CONFERENCE E/CONF. 2/C.3/28 ON DU 29 Deceper.19147 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH THIRD COMMITTEE: COMMERCIAL POLICYOe.!aTTKE: C0omCIAgJ ,O IY AGENDA F CCM 11m B To be Held on Tuesday, 30 De.m.MMM.cember 1947 at 4. 1. Artsicle 21 -uar Restriction to Saayfegd the Balance of Pments (First Reading) Statement by the delegations of the Unim.ted States and Belgiu 2. Article 22 - Non-Discriminatory Administration of Quantitative Restrictions (First Reading) Paragraph 2 Item 51 (Uru) Item 52 (Mexico) Item 53 (Geneva Draft Note) Item 54 (Turkey) - (proposed now sub-paragraph) Paragraph 3 Item 55 (India) Item 56 (Czechoslovakia) Item 57 (IndIa) Paraaph 4 Item 58 (Mexico) Item 59 (Geneva Draft Note) Proposed new Paragraph Item 60 (Syria and Lebanon) General Item 61 (Argentina) (proposed deletion of paragraphs 2, 3, 4 5). Note: The International Chamber of Comerce has proposed a redrafting of paragraph 2 of Article 22 (see E/CONF. 2/14). 3. Article 23 - Exceptions to the Rule of Non-Discrimination (First Reading) Paragraph 1 Item 62 (UruaDy Item 63 (Mexico) Item 64 (Norway) Item 65 (United Kingdom) Paragran 3 E/CONF.2/C. 3/28 Page 2 Parargraph 3 Item 66 (Italy) Item 67 (Denmark) Item 68 (Mexico) Item 69 (Italy) - (now sub-paragraph) Item 70 (Uruguay) Item 71 (Geneva Draft Note) Paragraph 4 Item 72 (Uruguay) - (now sub-paragraph) Item 73 (Brazil) Proposed New Paragraphrax ph Item 74 (France) General Item 75 (Argentina) Item 76 (Czechoslovakia) Item 77 (Belgium and Chile) Proposed new Article 23(a) Item 78 (Greece)
GATT Library
sr657zg3048
Agenda of Committee III B : To be Held on Wednesday, 31 December 1947 at 4.00 p.m. (Reference: E/CONF. 2/C.3/7)
United Nations Conference on Trade and Employment, December 30, 1947
Third Committee: Commercial Policy
30/12/1947
official documents
E/CONF.2/C.3/29 and E/CONF.2/C.3/10-38
https://exhibits.stanford.edu/gatt/catalog/sr657zg3048
sr657zg3048_90190121.xml
GATT_149
177
1,310
UNRESTRICTED United Nations Nations Unies E/CONF.2/C.3/29 CONFERENCE CONFERENCE 30 December 1947 ON DU ORIGINAL: ENGLISH TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI THIRD COMMITTEE: COMMERCIAL POLICY AGENDA OF COMMITTEE III B To be Held on Wednesday, 31 December 1947 at 4.00 p.m. (Reference: E/CONF. 2/C.3/7) 1. Article 23 - Ecceptions to the Rule of Non-Discrimination (First Reading) Paragraph 1 Item 62 (Uruguay) Item 63 (Mexico) Item 64 (Norway) Item 65 (United Kingdom) Paragraph 3 Item 66 (Italy) Item 67 (Denmark) Item 68 (Mexico) Item 69 (Italy) - (new sub-paragraph) Item 70 (Uruguay) Item 71 (Geneva Draft Note) Paragraph 4 Item 72 (Uruguay) - (new sub-paragraph) Item 73 (Brazil) Proposed New Paragraph Item 74 (France) General Item 75 (Argentina) Item 76 (Czechoslovakia) Item 77 (Belgium and Chile) 2. Proposed new Article 23 (a) Item 78 (Greece) 3. Article 24 - Exchange Arrangements (First Peading) Paragraph 2 Item 79 (New Zealand) Item 80 (Australia) /Paragraph 4 E/CONF.2/C. 3/29 Page 2 Paragraph 4 Item 81 (Geneva Draft Note) New Paragraph Item 82 (Mexico) General Item 83 (Argentina) Item 84 (Belgium)
GATT Library
sq004dv1129
Agenda of Committee III (b) : To be held Tuesday, 16 December 1947, at 10.30 a.m
United Nations Conference on Trade and Employment, December 15, 1947
Third Committee: Commercial Policy
15/12/1947
official documents
E/CONF.2/C.3/17 and E/CONF.2/C.3/10-38
https://exhibits.stanford.edu/gatt/catalog/sq004dv1129
sq004dv1129_90190109.xml
GATT_149
212
1,446
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies CONFERENCE DU COMMERCE ET DE L'EMPLOI UNRESTRICTED E/CONF .2/C .3 /17 15 December 1947 ORIGINAL: ENGLISH THIRD COMMITTEE: COMMERCIAL POLICY AGENDA OF COMMITTEE III (b) To be held Tuesday, 16 December 1947, at 10.30 a.m. (Reference: E/COE.2/C.3/7) 1. Article 20 - General Elimination of Quantitative Restrictions (First Reading) Completion of discussion of proposed amendments and Geneva draft notes (E/CONF.2/C.3/14). 2. Article 21 - Restrictions to Safeguard the Balance of Payments Paragraph 1 Item 27 (Ceylon) - (see related Item 28 (Australia) Paragraph 2 (a) Item 29 (Argentina) Item 30 (Venezuela) Item 31 (Chile) Item 32 (Ceylon) Paragraph 2 (b) Item 33 (Australia) Paragraph 3 (a) Item 34 (Argentina) Paragraph 3 (b) Item 35 (Denmark) Item 36 (Geneva Draft Note) Paragraph 3 (c) Item 37 (Ceylon) Item 38 (Argentina) Paragraph 4 Item 39 (Ceylon and Venezuela) Item 40 (Argentina) Item 41 (Italy) Item 42 (Uruguay) amendment below - Item 32) /Item 43 (Uruguay) E/CONF. 2/C.3/17 Page 2 Paragraph 4 (continued) Item 43 (Uruguay) Item 44 (Venezuela) Item 45 (Uruguay) Item 46 (Venezuela) . Item 47 (Italy) Item 48 (Italy) ^ XG Item 9(Italy) Item 50 (Belgium) Note: The International Chamber of Commerce has proposed amendments relating to pexraphs 3 end4. (See E/CONF.2/14). . .
GATT Library
vq955jv6625
Agenda of Committee IIIb : Thureday, 18 December 1947, at 10.30 a.m
United Nations Conference on Trade and Employment, December 17, 1947
Third Committee: Commercial Policy
17/12/1947
official documents
E/CONF.2/C.3/19 and E/CONF.2/C.3/10-38
https://exhibits.stanford.edu/gatt/catalog/vq955jv6625
vq955jv6625_90190111.xml
GATT_149
203
1,491
United Nations Nations Unies CONFERENCE CONFERENCE UNRESTRICTED ON DU E/CONF.2/C.3/19 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 17 December 1947 ORIGINAL: ENGLISH THIRD COMMITTEE: COMMERCIAL POLICY AFENDA OF COMMITTEE IIIb Thureday, 18 December 1947, at 10.30 a.m. (Reference: E/CONF.2/C.3/7) 1. Article 20 - General Elimination of Quantitative Restrictions Completion of discussion of proposed amendments and Geneva draft notes (E/CONF. 2/C. 3/14). 2. Article 21 -Restrictions to Safeguard the Balance of Payments Item 27 (Ceylon) - (see related amendment below - Item 32) Item 28 (Australia) Paragraph 2 (a) Item 29 (Argentina) Item 30 (Venezuela) Item 31 (Chile) Item 32 (Ceylon) Paragraph 2 (b) Item 33 (Australia) Paragraph 3 (a) Item 34 (Argentina) Paragraph 3 (b) Item 35 (Denmark) Item 36 (Geneva Draft Note) Paragraph 3 (c) Item 37 (Ceylon) Item 38 (Argentina) Paragraph 4 Item 39 (Ceylon and Venezuela) Item 40 (Argentina) Item 41 (Italy) Item 42 (Uruguay) /Item 43 (Uruguay) E/CONF. 2/C. 3/19 Page 2 Paragraph 4 (continued) Item 43 (Uruguay) Item 44 (Venezuela) Item 45 (Uruguay) Item 46 (Venezuela) Item 47 (Italy) Item 48 (Italy) Item 49 (Italy) Item 50 (Belgium) Note: The International Chamber relating to paragraphs 3 and 4. of Commerce has proposed amendments (See E/CONF.2/14). . . .
GATT Library
bs431sc2677
Agenda of Comtitee III b : To be held on Monday, 29 December 1947 at 4.00 p.m. (Reference: E/CONF.2/C.3/7)
United Nations Conference on Trade and Employment, December 27, 1947
Third Committee: Commercial Policy
27/12/1947
official documents
E/CONF.2/C.3/25 and E/CONF.2/C.3/10-38
https://exhibits.stanford.edu/gatt/catalog/bs431sc2677
bs431sc2677_90190117.xml
GATT_149
170
1,358
UNRESTRICTED United Nations Nations Unies E/CONF .2/C.3/25 CONFERENCE CONFERENCE 27 December 1947 ON DU ENGLISH - FRENCH ORIGINAL: ENGLISH TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI THIRD COMMITTEE: COMMERCIAL POLICY AGENDA OF COMTITEE III b To be held on Monday, 29 December 1947 at 4.00 p.m. (Reference: E/CONF.2/C.3/7) 1. Article 20 - General Elimination of Quantitative Restrictions (First Reading) (a) Conclusion of general discussion. (b) Paragraph by paragraph examination of the Article. 2. Article 21 - Restrictions to Safeguard the Balance of Payments (First Reading) Discussion of items listed in document E/CONF.2/C.3/224. TROISIEME COMMISSION : POLITIQUE COMMERCIALE ORDRE DU JOUR DE LA TROISIEME COMMISSION b pour la sTance qui aura lieu le lundi 29 dTcembre l1947 a 16 heures (document de reference : E/CONF.2/C.3/7) 1. Article 20 - Elimination gTnTrale des restrictions quantitatives (premiFre lecture) a) Conclusion de la discussion gTnTrale. b) Examen de l'article paragraph par paragraphe. 2. Article 21 - Restrictions destiniTes a protTger is balance des peiements (premiere lecture) Discussion des points TnumTrTs dans le document E/CONF.2/C.3/24.
GATT Library
qr636zw7929
Agenda : Third Meeting, Saturday, 6 December 1947, 3.00 p.m
United Nations Conference on Trade and Employment, December 6, 1947
General Committee
06/12/1947
official documents
E/CONF.2/BUR/7, 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/qr636zw7929
qr636zw7929_90180171.xml
GATT_149
107
891
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies UNRESTRICTED CONFERENCE E/CONF.2/BUR/7 CONFERENCE 6 December 14 DU ENGLISH - FRENCH COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH GENERAL COMMITTEE AGENDA Third Meeting, Saturday, 6 December 1947, 3.00 p.m. 1. Composition of Sub-committees - Note by Executive Secretary (E/CONF.2/BUR/6 2. Non-Govermental Organizations (statement by Executive Secretary) 3. Central Drafting Committee (statement by Executive Secretary) BUREAU ORDRE DU JOUR TroisiFme sTance, amedi 6 dTcembre 1947, 15 heures 1. Composition des sous-commissions - Note du SecrTtaire de la ConfTrence (E/CONF.2/BUR.6) 2, Organisations non gouvernementales (dTclaration du SecrTtaire de la ConfTrence) 3. Comité central le rTdaction (dTclaration du SecrTtaire de la Conference)
GATT Library
jx357dc1911
Agenda. Third Plenary Meeting : To be held in the Main Hall, The Capitol, Havana, Cuba, at 10:30. am., Wednesday, 26 November 1947
United Nations Conference on Trade and Employment, November 25, 1947
25/11/1947
official documents
E/CONF.2/10 and E/CONF.2/8-13
https://exhibits.stanford.edu/gatt/catalog/jx357dc1911
jx357dc1911_90040025.xml
GATT_149
383
2,643
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies CONFERENCE DU COMMERCE ET DE l'EMPLOI UNRESTRICTED E/CONF.2/10 25 November 1947 ORIGINAL: ENGLISH AGENDA THIRD PLERNARY MEETING To be Held in the Main Hall, The Capitol, Havana, Cuba, at 10:30. am., Wednesday, 26 November 1947 1. Adoption of Rules of Procedure with tie exception of Rules 30 - 33 inclusive (See document E/CONF.2/2/Rev.3 with Addenda1 and 2). 2. Appointment of Credentials Committee (see document E/CONF.2/9) 3. Adoption of Provisional Agenda. (The provisional agenda for the Conference is represented by the items on the present agenda, together with the following additional items to be considered at subsequent meetings, along the lines of the draft Agenda suggested in E/CONF.2/1: Report of Credentials Committee Consideration of reports of Principal Committees Consideration and adoption of Resolutions, Final Act, etc. other items.) 4. Establishment of Principal Committees. (It is proposed in document E/CONF.2/1 that the following Committees be established with the Committee - Committee II - Committee III - Committee IV - Committee V - Committee VI - 5. Election of Chairmen following assignment of subjects to them: Employment and Economic Activity Economic Development Commercial Policy Restrictive Business Practices Inter-Governmental Commodity Agreements Organization) of the Principal Committees. (For this purpose the Plenary Meeting might successively resolve itself into the principal committees in the order in which they are listed above and proceed to the election of their Chairmen. The election of Vice-Chairmen of the Committees might be deferred until the second meeting of each such committee.) /6. Election E/CONF.2/10 Page 2 6. Election of Vice-Presidents of the Conference. (It is proposed in Rule 7 of the draft Rules of Procedure that seven Vice-Preeidents shall be elected.) 7. Election of the remaining elected Members of the General Committee provided for in the Rules of Procedure. (It is proposed in Rule 12 of the draft Rules of Procedure that four such members shall be elected.) 8. General Discussion. (As suggested in E/CONF.2/1, the item is intended to afford an opportunity to Delegations which wish to do so to make statements regarding the business of the Conference in general; detailed discussion of specific proposals being entrusted to the Committees established under Item 4. The following Delegations have indicated their intention to speak on Wednesday Australia Brazil Colombia Italy Mexico Poland United Kingdom).
GATT Library
nh570kj1361
Agenda : Tuesday,23 December 1947,4:00 p.m
United Nations Conference on Trade and Employment, December 22, 1947
Third Committee: Commercial Policy and Third Committee: Commercial Policy Sub-Committee A (Articles 16, 17, 18, 19)
22/12/1947
official documents
E/CONF.2/C.3/A/W.10 and E/CONF.2/C.3/A/W.1-39
https://exhibits.stanford.edu/gatt/catalog/nh570kj1361
nh570kj1361_90190428.xml
GATT_149
312
2,303
United Nations Nations Unies RESRICTED CONFERENCE CONFERENCE E/CONF.2/C.3/A/W.10 ON DU 22 December 1947 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL::ENGL IHB TIRD R CMOMITTEE: COMERMCIAL POLICY SUB-CMOMITTEE A (ARTICLES 16, 17, 18, 19) AENDGA Tuesday, 23 December 1947, 4:00 p.m. (Note: References are to items in Revised Annotated. Agenda, Section A, document E/CONF.2/C.3/6) ARTICLE 17 -REDUC TION OF TARIFFS AND ELIMINATION OF PREFERENCES .1 Amendments to rules for negotiations Items 31, 33 (ii) and 35 - (a) prior equalization of tariff levels (Mexico) (b) special consideration for devastated, under-developed and. debtor countries (Colombia, Mexico and Peru) (See also Agenda Item 2 below) (c) ad valorem basis (Mexico) Items 32 and.33 (i) - automatic tariff reductions through currency edperciation (Colombia and Peru) Item 34 - revenue tariffs (Ceylon) (See also Agenda Item 2 below) item 36 - revision of negotiated agreements (Mexico) Item 42 - adjustment of customs duties to compensate for internal taxes or charges reduced or eliminated under Articles 18 and 35 (Venezuela) (see document E/CONF.2/C.3/6, Corr.2) Suggested. new sub-paragraph 1 (e) and new paragraph 4 (United States) (E/CONF.2/C .3/A/W.7) Suggested. redraft of Article 17 (Australia) (E/CONF.2/C .3/A/W.9) 2. Exemptions from requirement to negotiate; criteria for determining failure t onegotiate Item 28 - economic development and revenue tariffs (Haiti) Item 41 - revenue tariffs (lE Salvador) Item 40 - economic development, balance of payments, monetary reserves and revenue tariffs (Chile) /3. Failure E/CONF. 2/C 3/A/W.10 Page 2 3. Failure to negotiate; role of Organization (Tariff Committee) Item 26 - second sentence (Uruguay) Item 38 - (Uruguay) Item 39 - (Peru) Item 43 - (Peru and Uruguay) 4. Relationship of new or existing bilateral agreements to obligations under Article 17 Items 45 and 47 - (Norway and Geneva Note) 5. Relationship of negotiations leading to General Agreement on Tariffs and Trade to obligations under Article 17 Item 44 - (United States)
GATT Library
xf298zq7928
Agenda. Twelfth Plenary Meeting : To be Held in Rome B, ihe Capitol, Havana, Cuba, at 3.45 p.m. Wednesday, 31 December, 1947
United Nations Conference on Trade and Employment, December 29, 1947
29/12/1947
official documents
E/CONF.2/22 and E/CONF.2/14-15/REV.1
https://exhibits.stanford.edu/gatt/catalog/xf298zq7928
xf298zq7928_90040077.xml
GATT_149
124
999
United Nations Nations Unies E/CONF.2/22 CONFERENCE CONFERENCE 29 December 1947 ON DU ENGLISH - FRENCH TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL:NGLISH TWELFTH PLENARY MEETING To be Held in Rome B, ihe Capitol, Havana, Cuba, at 3.45 p.m. Wednesday, 31 December, 1947. 1. Approval of the Report of the Credentials Committee (document E/CONF.2/C.7/1/Rev.1). 2. Recommendation of the General Committee regarding a Central Drafting Committee (document E/CONF.2/21). ORDRE DU JOUR DOUZIEME SEANCE PLENIERE qui se tiêndra dans la sallo B au Cupitole, La Eavane, Cuba, à 15 h. 45, le mercredi 31 dTcembre 1947 1. Approbation du rappert de lasCommission de vTrification des pouvoirs document E/CONF .2/C .7/1Rev .1). 2. Recommendation du Bureau relative à la crTation d'un ComitT central de rTdaction (document E/CONF.2/21).
GATT Library
ky997xd4944
Agreement between the governments of the union of South Africa and Southern Rhodesia : Directed to the Re-establishment of a Customs Union
Union of South Africa, [ca. 1947 - 1994]
Union of South Africa
NaT
official documents
GATT/CP.3/24/Annex and GATT/CP.3/24+Annex
https://exhibits.stanford.edu/gatt/catalog/ky997xd4944
ky997xd4944_90320154.xml
GATT_149
6,785
44,833
GATT/CP.3/24/ UNION OF SOUTH AFRICA AGREEMENT BETWEEN THE GOVERNMENTS OF THE UNION OF SOUTH AFRICA AND SOUJTHERN RHODESIA Directed to the Re-establishment of a Customs Union Printed in the Union of South Africa by the Government Printer, Pretoria G.P.-S.12028-1948-9-900 1 AGREEMENT BETWEEN THE GOVERNMENTS OF THE 'UNION OF SOUTH AFRICA AND SOUTHERN RHODESIA DIRECTED TO THE RE- ESTABLISHMENT OF A CUSTOMS UNION. Negotiations have taken place between the Govern- ments of the Union of South Africa and Southern Rhodesia directed to the re-establishment of a Customs Union between the two countries, and the agreed text of an Agreement is appended. CUSTOMS BETWEEN UNION OF UNION (INTERIM) AGREEMENT THE GOVERNMENTS OF THE SOIUTH AFRICA AND SOUTHERN RHODESIA. The Governments of the Union of South Africa and Southern Rhodesia agree to co-operate in so ordering trade between their respective countries as to bring about conditions in which, ultimately, each country will develop to the fullest extent those industries most suited to it. The purpose of the two Governments is to achieve complete removal of all customs and other trade barriers between the two countries, to re-establish a full and complete Customs Union and to extend such Customs Union to other African States or Territories by subsequent agreement with them as a means of contributing to the establishment and maintenance of a high level of production, employment and real income throughout the world and in particular in the Territories party to this Agreement. ARTICLE 1. (a) Save when inconsistent with the context, the word " Territory " in this Agreement means the Territory of the Union of South Africa or of Southern Rhodesia, as may be indicated by the context. (b) " Transition period " means the period between the commencement of this Agreement and the re- establishment of a Customs Union. (c) Most-favoured-nation rates shall in the case of Southern Rhodesia mean the general tariff rates specified in column A of the Southern Rhodesia Customs Tariff at the date of this Agreement and in the case of the Union of South Africa those specified as the intermediate customs rates in the Union Customs Tariff at the date of this Agreement. ARTICLE 2. There shall be established a body to be known as the Southern Africa Customs Union Council (herein- after called the Council), whose constitution, composi- tion a7id functions shall be as set forth in Ainexure A. ARTICLE 3. The Governments of the Union of South Africa and Southern Rhodesia will jointly undertake a study of the measures necessary for the elimination of all tariffs and regulations restrictive of commerce between their two countries. The Governments affirm that their ultimate aim is the re-establishment of a Customs Union and its extension to other African States or Territories by subsequent agreement with them, and subject to the understanding that neither Party is under any obligation to modify its existing preferen- tial margins, the two Governments will consult together during the transition period with a view to the alignment of their several customs tariffs within a reasonable period of time. ARTICLE 4. In order to promote conditions which will enable a Customs Union to be attained, the Union Govern- ment will co-operate with the Government of Southern Rhodesia in a policy of fostering industrial expansion in Southern Rhodesia on sound economic lines. For this purpose and for the purpose of bringinog about conditions favourable to the fullest possible develop- ment of those industries most suited to each country, the two Governments recognise the desirability of consultation and co-ordination of Dolicy in all relevant matters. ARTICLE 5. Save as hereinafter provided, animals and goods grown, produced or manufactured in either Territory shall, on importation into the other Territory, be admitted free of customs duty. ARTICLE 6. During the transition period- (a) the goods enumerated in Annexure B to this Agreement, when grown, produced or manufactured in Southern Rhoclesia, shall, on importation into the Union of South Africa, be admitted at the rates of customs duty specified in the said Annexure; (b) the Government of Southern Rhodesia shall pay to the Government of the Union of South Africa a sum equal to the excise stamp duty which was levied on cigarettes manufactured in Southern Rhodesia and imported into the Union of South Africa, but such sum shall not exceed the sum which the Government of the Union of South Africa would have levied thereon if the cigarettes had been manufactured in the Union of South Africa; (c) spirits exceeding 3 per cent. of proof spirit distilled in Southern Rhodesia and imported into the Union of South Africa shall be admitted at the rate of customs duty leviable on similar products produced or manufactured in the United Kingdom, subject to a preferential rebate from such rate of 20 per cent.; (d) the Government of the Union of South Africa undertake to ensure that the rates of import duty leviable in terms of this article shall not be higher than the rates levied on similar goods grown, pro- duced or manufactured in. any other country; pro- vided that Southern Rhodesia shall not be entitled to invoke the provisions of this sub-article to preclude the Union from entering into a Customs Union with a third country or to claim anv lower rates of duty that may be accorded to any thircd country in consequence of such a Customs Union or that may have been accorded in terms of any other existing agreement. 2 ARTICLE 7. During the transition period, the following pro- visions s all apply:- (a) The goods enumerated in Annexure C to this Agreement, when grown, produced or manufactured in the Union of South Africa, shall, on importation into Southern Rhodesia, be admitted at the rates of customs duty specified in column 4 of the said Annexure. (b) The Government of Southern Rhodesia may, in respect of any of the goods referred to in sub-paragraph (a) above, increase the rate of customs duty to the extent provided for in column 5 of the said Annexure; on the understanding, how- ever, that such increase shall only be effected after oonsultation with the Union Government and after the views and recommendations of the Council shall have been ascertained and considered. (c) In special cases the Government of Southern Rhodesia may further, in respect of goods grown, produced or manufactured in the Union of South Africa and not appearing in the said Annexure, impose, for the protection of particular industries in Southern Rhodesia, a customs duty on the under- standing that- (i) such customs duty shall be imposed only after consultation with the Union Government and after the views and recommendations of the Council shall have been ascertained and considered; (ii) the rate of such customs duty shall not exceed 20 per cent. ad valorem or its equivalent in the case of a specific rate; (iii) in determining the necessity for such customs duties as well as the rates of the duties to be imposed, the Parties shall have regard to the less advanced stage of industrial development in Southern Rhodesia and the importance of reasonable industrial development in that Terri- tory to the stability of the proposed Customs Union. (d) Wine produced and spirits exceeding 3 per cent. of proof spirit distilled in the 'Union of South Africa shall be admitted on importation into Southern Rhodesia at the rates of customs duty leviable on similar products produced or manu- factured in the United Kingdom, subject to a preferential rebate from such rates of 33 1/3rd per cent. in the case of wines and of 10 per cent. in the case of spirits, and shall not be imported into Southern Rhodesia except through free-warehousing ports. (e) Motor vehicles manufactured in the Union shall, on importation into Southern Rhodesia, be admitted at the tariff rate specified in column B of the Southern Rhodesia Customs and Excise Tariff as at the date of signature of this Agreement, rebated to the extent of 10 per cent., and for the purpose of assessing dutv the value shall be the usual wholesale selling price to any purchaser in the Union for home consumption at the date of exportation less the customs duties leviable in the 'Union on entry for home consumption. Consulta- tion shall, however, take place annually with a view to increasing the rebate and ultimately removing the duty. (f) The Government of Southern Rhodesia under- talke to ensure that the rates of import duty leviable in terms of paragraphs (a) to (d) of this article shall not be higher than the rates levied on similar goods grown, produced or manufactured in any other country; provided that the Union of South Africa shall not be entitled to invoke the provisions of this sub-article to preclude Southern Rhodesia from entering into a Customs 'Union with a third country or to claim any lower rates of duty that may be accorded to any third country in consequence of such a Customs Union or that may have been accorded in terms of any other existing agreement. (g) The Government of the Union of South Africa shall pay to the Government of Southeln Rhodesia a sum equal to the excise stamp duty which was levied on cigarettes, manufactured in the Union of South Africa and importet into Southern Rhodesia, but such sum shall not exceed the sum which the Government of Southern Rhodesia would have levied thereon if the cigarettes had been manu- factured in Southern Rhodesia. ARTICLE S. Notwithstanding anything contained in Articles 6, 7 and 9, negotiations will continue with the object of achieving the free flow of trade under the Customs. Union envisaged in this Agreement. ARTICLE 9. Animals and goods grown, produced or manu- factured in either Territory shall, on removal from that Territory to the other Territory, be free of export duty; provided that during the transition period rough and uncut diamonds, when produced in the Union of South Africa, and karakul pelts, when produced in the Territory of South West Africa, shall, on removal to Southern Rhodesia, continue to be subject to the rate of export duty applicable to third countries; and provided further th.at such export duty shall not be leviable on diamonds exported to Southern Rhodesia for industrial purposes in that Territory under certificate issued by the Government of Southern Rhodesia. ARTICLE 10. Animals and goods grown, produced or manu- factured in either Territory shall, on importation into or exportation from either Territory, be admitted or removed free of any form of quantitative restriction, subject- (1) to the provisions of Articles 11 and 12; (2) to the recognition of the restrictions at present existing on the export of karakul sheep and karakul pelts from the Territory of South West Africa. ARTICLE 11. The goods enumerated in Annexure D to this Agree- ment, when grown, produced or manufacturea in either Territory, shall, in so far as provision is made therein for importation into the other Territory, be admitted on the conditions specified in the said Annexure. ARTICLE 12. Recognising that special circumstances may warrant the maintenance or imposition of prohibitions or restrictions on imports or exports not designed to protect any industry in the Territory of one party 3 against competition from an industry in the Territory of the other, the two Governments agree that in imposing any such prohibitions or restrictions the importation of like products from, and the exporta- tion of like products to, all third countries will, unless inconsistent with the purpose of such prohibition or restriction, be similarly prohibited or restricted, pro- vided that any exemptions from such prohibitions or restrictions which may be granted during the transition period by either Party to imports from or exports to Northern Rhodesia, Basutoland, Swaziland and the Bechuanaland Protectorate will not be regarded as contrary to the provisions of this article. Each Party undertakes to consult the other Party before imposing any prohibitions or restrictions under this article. ARTICLE 13. The Parties will endeavour to reach agreement on the progressive adjustments of most-favoured-nation rates of customs duty applicable to goods imported from external sources, with a view ultimately to securing uniformity. Where the most-favoured-nation tariff rates of the two Territories differ, the Governments will endeavour wherever possible to make the lower rate applicable to both Territories, with due regard to possible reper- cussions on the economy of either Territory. A schedule agreed upon between the Parties reflect- ing duties which are divergent as at the date of this Agreement shall be deposited with the Council within three months from the date of this Agreement. ARTICLE 14. (a) In respect of goods, other than those listed in Annexure C, imported into the Territory of one Party from any country not a Party to this Agreement and subsequently removed to the Territory of the other Party and in respect of goods listed in Annexure C imported into Southern Rhodesia from any country not a Party to this Agreement and subsequently removed to the Union of South Africa otherwise than in bond, there shall be paid by the Government of the removing Territory to the Government of the receiving Territory the customns duties collected on importation into the former Territory; provided, however, that in respect of the above-mentioned goods, until a uniform customs tariff as aforesaid has been adopted by the parties, the Government of the removing Territorv shall also be responsible for collecting and shall pay over to the Government of the receiving Territory the difference between the duties levied in the former and those leviable in the latter, except that where the difference in the tariff rates does not exceed 2i per cent. the Parties may agree to dispense with such collection and payment and that in the case of goods despatched by parcel or letter post, the receiving Territory shall be responsible for the collection of any difference in duties involved. (b) In respect of goods, other than those listed in Annexure C, removed in bond from a bonded ware- house in the Territory of one Party to the Territory of the other Party and in respect of goods listed in Annexure C, removed in bond from a bonded ware- house in Southern Rhodesia to the Territory of the Union of South Africa, the value for purposes of assessing the customs duty payable by the importer in the receiving Territory shall be as defined by the law of that Territory and the duty acoording to the customs tariff in force in the receiving Territory shall be paid by the importer in that Territory. (c) In respect of goods listed in Annexure C, imported into the Union of South Africa from any country not a Party to this Agreement and subsequently removed to Southern Rhodesia, the value for purposes of assessing the customs duty in Southern Rhodesia shall be as defined by the law of Southern Rhodesi. and the duty according to the customs tariff in force in Southern Rhodesia shall be payable by the importer in that Territory. ARTICLE 15. When cinematograph films intended for exhibition, on which duty has not previously been paid in the Union of South Africa, are removed from Southern Rhodesia to the Union of South Africa, the Govern- ment of Southern Rhodesia shall collect the difference between the duty levied on such films on their importation into Southern Rhodesia and the dut- which would have been payable thereon if they had been imported into the Union of South Africa direct. Notwithstanding anything to the contrary con- tained in Article 14, upon removal from one Terri- tory to the other of cinematograph films for exhibition purposes, the share of duty to each Territory shall be based on the showing value of such films in that Territory, and the duties oollected shall be apportioued and paid accordingly. ARTICLE 16. In respect of goods manufactured in the Union of South Africa or Southern Rhodesia, other than cinematograph films (not subject to an excise duty in the receiving Territory and not appearing in Annexures B and C or in Articles 6 and 7) and removed from one Territory to the other, there shall be paid by the Government of the removing Territory to the Government of the receiving Territory 5 per cent. of the export value of such goods. ARTICLE 17. The Parties will endeavour to reach agreement on the progressive adjustment of rates of excise duty with a view to securing uniformity within a reasonable period of time. ARTICLE 18. Until such time as a uniform excise tariff has been adopted by the Parties, either Party which levies an excise duty or surtax on any article shall be entitled to impose a corresponding countervailing duty on a like article, produced or manufactured in the Terri- tory of the other Party and imported therefrom into the Territory of the former; provided that the right of such Party to levy a countervailing duty on any article on which an excise duty is levied in the Territory whence such article is removed shall not be questioned on the grounds that such article is not in fact produced or manufactured in the receiving Territory. 4 ARTICLE 19. Upon the adoption of a uniform excise tariff, there shall be paid over by the Government of the removing Territory to the Government of the receiving Territory the excise duties collected on goods removed from the former to the latter. ARTICLE 20. The Parties shall as far as possible adopt similar procedures in respect of refunds, rebates, abatements, suspensions, methylation, prohibitions, removals in bond or otherwise and interpretations of the Tariff; provided that the Parties shall not be bound to accept an interpretation of any item of the customs or excise tariff which may be in conflict with any judicial decision binding Upon either of them. ARTICLE 21. An article shall not be deemed to have been manu- factured in the Territory of either of the Parties to this Agreement unless it was wholly manufactured in such Territory, or, if partially manufactured therein, unless at least 20 per cent. of the factory cost of such article in its finished condition is represented by the products and labour of such Terri- tory or unless 50 per cent. of such factory cost is repre- sented by the combined products and labour of that Territory and of any other part of the British Commonwealth of Nations. ARTICLE 22. Each Party agrees that it will not seek to obtain advantages in the markets of the other Party by the use of subsidies. Should the manufactures of an industry which is subsidised in the Territory of one Party be exported to the Territory of the other, the latter Party shall, after consultation with the other, have the right to impose a duty equivalent to the subsidy, pending the receipt of such recommendations as the Council may make with a view to remedying the position. ARTICLE 23. (a) The Governments of the Union of South Africa and Southern Rhodesia recognise that the railway rates for the conveyance over the railway systems in their respective Territories of any livestock or oods grown, produced or manufactured in the one terri- tory, whether intended for consumption in the other Territory or forwarded in transit to external destina- tions, should be the same as the railway rates which vould be pavable if the livestock or goods had been grown, produced or manufactured in the latter Territory. (b) The Governments of the Union of South Africa and Southern Rhodesia recognise that developmental rates may be necessary in order to facilitate the development of the natural and productive resources of their respective Territories but that such rates should not be introduced with the primary object of securing advantages in the internal mariket of the other Territory. (c) The Governments of the Union of South Africa and Southern Rhodesia, bearing in mind the provision of Article 4 of this Agreement and recognising that Southern Rhodesian conditions are such that the complete implementation of the aims set out in (a) above cannot be achieved immediately, agree that such aims will be steadily pursued so as to bring about their fulfilment at the earliest possible date and will in the meantime be implemented to the extent of the provisions contained in the letters exchanged between the South African Railways Administration and the Rhodesia Railways, Ltd., dated the 9th March3 1948 (No. CTR 4249/4) and the 7th February, 1948 (No. GMR 147/1), respectively. ARTICLE 24. The Parties to this Agreement recognise the right of either Party to enter into trade negotiations with any third country; provided that such negotiations are not inconsistent with the terms or intentions of this agreement. ARTICLE 25. For the purposes of this Agreement the Territory of South West Africa shall be regarded as part of the Union. ARTICLE, 26. It shall be open at any time during the currency of this Agreement for any ot.her African State or Territory to apply to become a Party thereto; and upon the Parties hereto signifying their joint assent to the accession of the State or Territory so applying and mutually agreeing to the terms of such accession, such State or Territory shall be admitted, subject to such legislative action being taken as will give effect to the terms of such new Agreement. Upon accession to the Agreement, any such State or Territory shall be entitled to representation on the Council. ARTICLE 27. The Trade Agreement entered into in 1935 between the Union of South Africa and Southern Rhodesia shall be superseded by this Agreement. ARTICLE 28. This Agreement shall be subject to approval by the Parliaments of the Union of South Africa and Southern Rhodesia in conformity with their respective constitutional processes and shall be brought into operation upon a date to be fixed by Proclamation in both Territories, as from which date the Agreement shall continue in force for a period of five years and thereafter for further periods of five years; provided that either Party may give notice on any date not later than six months before the end of any such five- year period of its intention to terminate this Agree- ment and provided fuirther that, in the event of circumstances arising which, in the judgment of either Government, necessitate a variation of any pro- vision of the Agreement, the proposal to vary that provision shall form the subject of consultation between the two Governments. Done at Salisbury this Sixth day of December, Onxe thousand Nine hunared and Forty-eight. (Sgd.) T E. DONGES, For the Government of the Union of South Africa. (Sgd.) R. F. HALSTEAD, For the Government of Southern Rhodesia. 5 ANNEXURE A. CONSTITUTION OF THE SOUTHERN AFRICA CUSTOMS UNION COUNCIL ESTABLISHED IN TERMS OF ARTICLE 2 OF THE AGREEMENT. FUNCTIONS. (a) To report upon the working of the Agreement and the progress made towards the implementation of the aims and purposes of the Agreement. (b) To obtain information regarding any matters incidental to (a) above and in general to the develop- ment of trade between and industry in the two Territories. (c) (i) To make recommendations to the two Governments on any matters incidental to (a) and (b) above. (ii) To bring to the notice of the two Governments any condition, development or expected development which is or may be in conflict with the terms of the Agreement or which is likely to endanger the satis- factory working of the Agreement. (iii) To investigate representations by either Party to the Agreement in regard to any matter arising thereunder and to report to the two Governments and make recommendations in regard thereto. (d) To make reports and submit recommendations concerning any of the foregoing matters or concern- ing any matter pertaining to the Agreement, at the request of either or both Goverments. (e) To submit to both Governments an annual report on the activities of the Council, which report shall be printed and tabled in the Parliaments of the Union of South Africa and Southern Rhodesia. POWERS. For the summoning of witnesses, the taking of evidence and the calling for the production of books, documents and relevant material, the Council shall within the Union of South Africa have the same powvers as those given to a commission of enquiry within the Union of South Africa by the Commissions Act, 1947, and shall within Southern Rhodesia have similar powers. COMPOSITION. (a) One member and alternate appointed by the Government of Southern Rhodesia. (b) One member and alternate appointed by the Government of the Union of South Africa. (c) One member and alternate, who shall be Chair- man, appointed by the two Governments by mutual agreement. The Council shall formulate its own rules of procedure. TENURE OF OFFICE. The Chairman shall hold office for a period of five years and the other two members for a period of two years each, reckoned in each case from the date of assumption of duty. The Chairman and other members shall be eligible for reappointment. The Chairman and other members shall devote the whole of their time to the work of the Council. REMUNERATION AND CONDITIONS OF SERVICE. The remuneration and conditions of service of the Chairman and other members of the Council shall be determined by agreement between the two Govern- ments. HEADQUARTERS. As far as is practicable the Council shall have alternate headquarters in the Union of South Africa and in Southern Rhodesia and shall spend approxi- mately equal periods at such headquarters. FINANCE. All expenditure in connection with the establish- ment and functioning of the Council shall be borne equally between the two Governments. STAFF. Staff shall be provided by the two Governments jointly and shall be subject to the control of the Council. Such members of the staff as are servants of either of the two Governments shall retain all their rights and privileges as civil servants. ANNEXURE B. The following are the goods of Southern Rhodesian origin which, when imported into the Union of South Africa, shall, in terms of Article 6, be subject to the rates of customs duty specified in column 3:- 1. Tariff Item. 2. Artic. 54 Cigarettes. 57 Tobacco, manufactured- (a) Cigarette. (b) Other 58 Unmanufactured tobacco, other than tobacco leaf admissible free of duty in terms of paragraph 3 of Annexure D 202 (1) Vegetable oils, i.e., maize, groundnut, cotton seed, sesame seed, sunflower seed, mustard seed, rape seed, soya bean, palm, palm kernel and cocoa- nut oil 3. Rate of Duty. 4a. per lb. 3s. 6d. per lb. 3s. 6d. per lb. 2s. 6d. 3/5ths per lb. 10 per cent. ad. val. or id. per lb., which. ever duty shall be the greater. ANNEXURE C. The following are the goods which- (1) when of Union origin and imported into Southern Rhodesia, shall, in terms of paragraph (a) of Article 7, be subject to the rates of customs duty specified in column 4; provided that such rates may be increased in terms of paragraph (b) of that article to the rates shown in column 5; (2) when not of Union origin and imported into Southern Rhodesia from the Union, shall be per- mitted entry into Southern Rhodesia in terms of paragraph (c) of Article 14. 6 Tariff No. Tariff Item. Unit. Duty. 1. 2- 3. 4._- _ _ ________________________________________________________ I________ ____ 5 Puddings....................................................... Bisacits, including dog biscuits..................................... Confectionery, plain or fancy, of all types............................. (a) (b) (c) Wheaten flour..................................................... Cornflour and maizena............................................ Honey and jams, other than peach, apricot and grape.................. Pudding, cake and jelly powders................................... Macaroni, spaghetti and vermicelli................................. Peas and beans and other leguminous seeds, preserved as a vegetable..... Pickles, sauces, chutneys and other condiments....................... Sugar:- Candy, loaf. castor, icing and cube................................. Other kinds of sugar, including refined sugar, molasses, saccharum and glucose........................................................ Golden syrup and treacle.......................................... Other vegetables tinned or othenrise preserved....................... I Ale, beer and stout................................................. Fruit juices, cordials, syrups and other beverages not exceeding 3% proof spirit......................................................... Waters: minoral, aerated and table:- In bottles containing each not more than i reputed pint............. In bottles containing each more than I reputed pint and not more than 1l reputed pints In larger containers............................................ Cigarettes....................................................... NOTE.-A rebate to the extent of 50% of the duties payable shall be granted in respect of cigarettes containing 50% or more leaf, the produce of Southern Rhodesia Tobacco, manufactured. ............................................ NOTE.-A rebate to the extent of 50% of the duties payable shall be granted in respect of manufactured tobacco containing 50% or more leaf, the produce of Southern lthodesia. Blankets and rugs, cotton........................................... 65 Clothing:- (a) Bespoke, or made by a tailor or dressmalker to the order of an | individual, including men's partly finished clothing but excluding underclothing. (15) Men's ready-made suits. (c) Men's ready-made jackets (including sports coats) and jacket shirts (d) Men's ready-made trousers. (e) Ladies' ready-made dresses, frocks or costumes. (f) Ladies' readv-made underwear. (g) Shirts. NOTE.-Shirts manufactured in the Union from piece goods not the manu- I facture of the British Commonwealth of.Nations shall be liable to a minimum duty of 6d. each. (h) Dres3ing gowns, including kimonos and bed-jackets. (i) Men's ready-made overcoats and mackintoshes. (j) All other, n.e.e... ex 84 Baths and sinks, galvanized. ex 90 Buckets, household and sanitary, galvanized. 93 (a) Carriages, carts, coaches and wagons. 102 Enamelware and holloware, n.c.e.. . 110 Furniture, metal, n.e.e ................: 122 (g) Steel windows and doors and metal parts of steel windows and door frames ex 130 (a) (i) Trailers, complete for use with tractors, motor trucks, etc., for the convey. ance of goods................................................... 134 (d) 3Metal downpiping and guttering and fittings therefor, other than cast iron 144 (b) Tanks, metal, other than for mining. Asbestos-cement manufactures:- 157 (c) Other than sheets, slates, tiles, ridging and pipes, piping and tubes for drainage, water supply, etc...................................... 161 Bricks, all except bath bricks. 162 (a) Cement for building purposes, including hydraulic lime and concrete proofers 164 Coke. 181 Earthenware pipes, piping and tubes for drainage, irrigation, sewerage, water supply or water pumping ................................... 186 Tiles, n.e.e. 190 Candles. ex 202 Oils, vegetable. 203 (a) Paints and colours ready mixed for use. 203 (c) Colours, ground in oil, not including white lead and patent driers. 204 Pol!shes: Floor, furniture, leather, metal and similar polishes and dressings, including blacking. but not French polish ad valorem ........... ad v em........... ad valorem. . or per lb., whichever duty shall be the greater per 100 b............ ad valorem........... per lb................ per lb................ ad valorern........... ad valorem........... per lb................ per 100 lb ............ per 100 lb............ per 100 lb............ ad valorem........... per imp. gallon....... ad valorem........... per dozen bottles..... per dozen bottles..... per imp. gallon....... per lb................ and in addition ad valorem.......... per lb................ ad valorem........... ad valorem........... ad 'alorem........... ad valorem........... ad valorem........... ad valorem........... ad valorem........... ad ralorem........... ad valorem........... ad valorem........... ad valorem........... ad valoren........... ad valorem........... ad valorem........... ad valorem........... ad valorem........... ad valorem ........... ad valorem........... ad valorem........... ad tvalorem........... ad valorem........... ad valorem........... per 400 lb....... per ton of 2,000 lb.... ad valorem........... ad valorern........... per 100 lb............ ad valorem........... ad valorem........... ad talorem........... ad valorem........... 8% 8% 8% 2d. 39. 6d. 8% 1id. 2/2/5d. 8% 8% 1/3 /,d. 4s. Is. 7 7/1d. 1s. 7 l1/d. 8% 3s. 2d. 8% 7/1/,d. 9/3/ad. 9/8/5d. 38. 7J% 2s. 6d. 4% 81% 81% 81% 81% 81% 81% 8% 8*% 8% 8% 8% 16% 48 % 8% 8% Free 8% 8% 8% 8% 9/8/5d. 9/3/5d. Free 8% 3a. 4d. 8% 8% 8% 8% 10% 20% 20% 3½d. 4s. 6d. 20% 3d. 3d. 15% 20% 3d. 5s. 2s. 5s. 20% 4s. 9d. 10% 9d. ls. Is. 6s. 15% 59. 5% plus 2s. each 17*% 17J% 171% 17*% 17*% 17J% 171% 17J% 171% 171% 17J% 20% 20% 20% 15% 15% 10% 15%, 10% 10% 10% ! 10% I Is. I Is. 15% 10% 4a. 2d. 20% 20% 20% 15% ecx 3 ex 3 14 ex ex ex ex ex ex 15 (a) (ii) 21 (b) 27 27 29 35 (c) 36 43 (a) 43 (b) 43 (b) 46 (b) 48 (a) 49 51 51 51 54 57 ex 61 i i I 7 Tariff No. Tariff Item. I Unit. Duty. 1. 2. i 3. 4. 5. Soap, soap powder and extracts ...................................... Sulphuric acid..................................................... Boots and shoes: (a) Of rubber or boots and shoes the soles of which are wholly or partly of rubber . ......................... (b) Infants' shoes and bootees, including slippers end sandals.......... (d) All others, including slippers and sandals......................... Harness and saddlery............................................. Leather manufactures, not footwear................................ Brushware and handles therefor, not being platedware................ Furniture, wooden .............................................. Joinery.......................................................... Plywood ... ..................................................... Bags, paper and transparent cellulose bags, other than pictorial seed packets and bags for packing cement and mineral products........... Cardboard boxes and cartons, collapsible: plain or printed............ Sanitary paper ................ Printed, ruled, lithographed and embossed matter: Guide-books, year-books, hand-books, annuals and directories relating to Southern Rhodesia............................ Account books (stock ruled), exeroise books and copy books; diaries; manifold, letter-copying and index books........................ Forms in books, pads or loose; delivery books, writing pads, bank cheques, drafts, promissory notes, bills of exchange and similar forms; receipt forms, reminder slips; scrip share certificates and company reports; envelopes; letter headings and form letters; invoices, account forms and account books, n.e.e.................. Catalogues, price lists and all advertising matter, including advertising invoice forms and aimilar stationery usually issued gratis or at nominal prices ............... Loose-leaf covers and binders....................................... Letter or document files in book or folder form........................ Matches:- Wooden, in boxes or packages of not more than 60 matches........... Wooden, in boxes or packages containing more than 60 but not more than 100 matches Wooden, in boxes or packages containing more than 100 but not more than 200 matches And for every 100 additional matches in boxes or packages........ f Gases, excluding sulphur and carbon dioxide.. Canvas: manufactures of.................. Yeast..................................... ............ Mattresses, inner-sprng . .................................. Mirrors, n.e.e. (of the type manufactured for Native trade)............. Poultry food...................................................... Mattresses, coir and soft-down..................................... ad valoremn.......... or per 100 lb. ad valoren........... ad rulorein........... ad vaiorem........... ad valorem........... ad valorern........... ad valorem........... ad valorem........... ad valorem........... ad valorem........... ad valorem........... per lb................ ad valoretn........... ad valorein........... ad valoren........... ad valorein...........I ad valorem ........... ad valorem........... ad valorem........... ad valorem........... per gross of boxes or packages per gross of boxes or rackages per gross of boxes or packages per gross of 100 matches ad valoem........... ad valoremn........... ad valorem.......... ad valorem........... ad valorem........... ad talorem........... ad valorem........... 16% 3s. 4d. 8% 6i°0 3i% 8% 8% 8% 8% 8% Free S8% 16% 8% 12% 8% 8% 8% 2s. 3d. 2s. 3d. 39. 9d. 29. 3d. 8% 8% 8% 8% 8% 8% 8% 20% 4s. 2d. 20% 20% 15% 15% 10% 10% 20% 20% 10% 15% lid. 10% 15% 20% 10% 15% 10% 10% 10% 39. 33. 5S. 39. 10% 10% 20% 20% 20% 10% 10% ANNEXURE D. 1. Slaughter Cattle and Beef.-The importation of slaughter cattle and beef -arcases from Southern Rhodesia into the Union shail be free from quantita- tive restrictions but shall be reviewed at the end of a period of five years from commencement of the IAgreement and shall be subject to- (a) regulation of the flow by the Livestock and Meat Industries Control Board of the Union in consultation with the Cold Storage Commission of Southern Rhodesia to those markets in the Union in regard whereto the said Board has the power to determine the number of cattle and the quantity of beef which may be brought into any suc area; the purpose of such consultation shall be to meet their reasonable supply difficulties and to ensure so far as possible that such cattle and beef be directed to the nearest of those markets; (b) the condition that all supplies to Union markets shall take place through the Cold Storage Commission of Southern Rhodesia. 2. Maize and Milled Maize, Groundnuts, Potatoes, Eggs, Butter and Cheese, Bacon and Ham, Wheat, Wheaten Meal and Flour, Rye, Rye Meal and Flour, Barley and Oats shall be admitted from the Territory of either Party to the Agreement to the Territory of the other only under the authority of a permit issued by or on behalf of the Government of the importing Territory; provided that, before any such permit is issued in respect of maize and milled maize or ground- nuts, there shall be prior consultation and agreement between the Parties. 3. Tobacco Leaf .-The quantity of flue-cured Virginia type leaf tobacco which may be imported from Southern Rhodesia into the 'Union free of duty during every period of twelve months commencing on the first day of April shall be determined by the Minister of Agriculture and Forestry of the Union in consultation with the Minister of Agriculture of Southern Rhodesia. For the purpose of making such determination the said Minister of Agriculture and Forestry shall estiniate (a) the qnantity of flue-clired Virginia leaf tobacco and light air-cured Virginia leaf tobacco required in the Union during any such period; 206 ex 213 (b) 251 2 52 257 264 ex 269 272 ex 273 282 (c) 286 ex 295 (a) 296 (b) 296 (c) 296 (d) (i, 296 (f) 297 297 322 322 322 (a) (b) (a) (i) (a) (ii) (a) (iii) ex ex ex ex ex ex ex 331 331 331 331 331 331 331 8 (b) the production of such tobacco in the Union during the period of twelve months ending on the 31st May of the year in question; (c) the unsold stocks of such flue-cured and light air-cured leaf in the Union at the commencement of such period; (d) the quantity of flue-cured Virginia tobacco to be imported from Northern Rhodesia during such period. The amount by which the quantity estimated under (a) exceeds the total quantity estimated under (b), (c) and (d) shall then be the quantity of flue-cured Virginia type leaf tobacco which may be imported into the Union of South Africa free of duty during such period; provided that the said Minister in making the said determination may make allow.ance for the adequacy or otherwise of unmanufactured stocks of flue-cured and light air-cured V irginia tobacco held by manufacturers, having regard to the desirability of maintaining as far as possible reasonable regularity in such quantity; and provided further that the Minister of Agriculture of Southern Rhodesia may, after consultation with the Minister of Agriculture and Forestry of the 'Union, reduce the quantity of flue-cured Virginia type leaf tobacco which may be exported during such period. The determination shall be made, if possible, on the first day of April, but in any case not later than the seventh day of April of each year. The minimum price, wet weight, paid at auction, Salisbury, for the lowest grade of leaf which may be so imported, shall be determined by the said Minister of Agriculture and Forestry. 4. Motor Cars.-So long as the Government of Southern Rhodesia maintains the existing emergency exchange restrictions on the importation of motor cars from the United States of America and Canada, it shall be entitled to impose similar restrictions on the importation from the Union of motor cars assembled in the Union from parts imported from the United States of Aumerica and Canada. PROTOCOT. Whereas an interim agreement was concluded on 6th December, 1948, by the' Governments of the Union of South Africa and Southern Rhodesia, which interim agreement is directed to the re-establishment of a Customs Union between the Union of South Africa and Southern Rhodesia; And whereas Article XXIV of the General Agree- ment on Tariffs and Trade, which was prepared by the United Natioris Conference on Trade and Employ- ment at Geneva in 1941, relates to the obligations of Parties to the said General Agreement who desire to conclude interim arrangements directed to the achievement of Customs Unions between their respective Territories; Now, therefore, the Governments of the Union of South Africa and Southern Rhodesia have agreed as follows:- If either or both of the t.wo Governments accept the General Agreement on Tariffs and Trade, as pro- vided for in Article XXVI thereof or sign the Protocol of Provisional Application of that Agree- ment, the Government concerned or the Govern- ments, whichever the case may be, shall be duly bound to observe the provisions of Article XXIV of the said General Agreement. II. If only one Government accepts the General Agreement on Tariffs and Trade or signs the Protocol of Provisional Application of that Agree- ment, that Government shall in all cases consult the other Government prior to complying with the pro- visions of Article XXIV of the said General Agteement. III. If voth Governments accept the General Agree- ment on Tariffs and Trade or sign the Protocol of Provisional Application of that Agreement all action required to be taken by them in terms of Article XXIV of the said General Agreement shall be taken jointly.
GATT Library
yx327mc2710
Agriculture in the GATT
[ca. 1947 - 1994]
Consultative Group of Eighteen
NaT
official documents
CG.18/W/59/REV.1-67 and CG.18/W/59/REV.1-67
https://exhibits.stanford.edu/gatt/catalog/yx327mc2710
yx327mc2710_92280217.xml
GATT_149
87
601
CONSULTATIVE GROUP OF EIGHTEEN AGRICULTURE IN THE GATT Document CG.18/W/59/Rev.1 herewith is essentially an amalgam. of CG. 18/W/59 with Spec(81)66, as amended to take into account information in recent notifications and, to the extent possible, comments made by some delegations. Certain comments, however, were not inserted in this revision, either because, in the view of the secretariat, they were already included in another form in the original document, or because the economic or political character of certain comments made their insertion difficult in an essentially legal document.
GATT Library
xg602zt4156
Allocation of Permanent Seats on the Executive Committee
United Nations Economic and Social Council, February 6, 1947
United Nations. Economic and Social Council, Preparatory Commission of the Conference on Trade and Employment Drafting Committee, and Administrative Sub-Committee
06/02/1947
official documents
E/PC/T/C.6/W.53 and E/PC/T/C.6/W/26-58
https://exhibits.stanford.edu/gatt/catalog/xg602zt4156
xg602zt4156_90230258.xml
GATT_149
386
2,829
United Nations Nations Unies RESTRICTED ECONOMIC CONSEIL AND ECONOMQUE 6 February 1947 SOCIAL COUNCIL ET SOCIAL ENGLISH DRAFTING COMMITTEE OF THE PREPARATORY COMMITEE ORIGINAL: FRENCH OF THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT ADMINSTRATIVE SOB-COMMITTEE ALLOCATION OF PERMANENT SEATS ON TEE EXECUTIVE COMMITTEE Suggestion by the Delegation of France In the course of the work of the first session of the Preparatory Commission, it became apparent that Rifferences of economic structure existing between the countries participating in the Conference, particularly as regards their degree of industrial development. made it necessary to take into account, in drafting a Trade Charter. needs which were common to certain groups of countries. This fact was recognized. more specifically in a new chapter of the draft Charter, intended to ensure the development of countries with insufficiently advanced economic systems. This is clearly a fundamental idea, very closely affecting the realization of the aims of the Organization, and it appears to be recognized unanimously. With this in mind, the Delegation of France submits for the Committee's consideration the following suggestion concerning the allocation of permanent, seats on the Executive Committee: 'The Member States to be divided into four groups, each group corresponding to a type of economic structure. There would thus be: First Group: Highly industrialized countries in whose economic systems foreign trade constitutes an essential element Second Group: Highly industrialized countries in whose economic /systems E/PC/T/C.6/W.53 Page 2 systems foreign trade represents only a secondary element. Third Group: Insufficiently industrialized countries in whose economic systems foreign trade constitutes an essential element. Fourth Group: Insufficiently industrialized countries whose foreign trade is little developed." The first group, owing to the fully integrated type of economic system which it represents, and which corresponds to the aims pursued by the Organization, would have three seats on the Executive Committee. Each of the three other groups would have two seats, thus making up a total of nine permament seats. Each country would itself be invited to choose the group to which it considered it belonged, the choice being endorsed by a vote of the Conference. The countries of each group would themselves appoint their representatives to the Executive Committee, taking into account both the representative character of the countries elected and. their geographical situation. The representatives would be appointed for a period of five years.
GATT Library
dd224xc5013
Alternate Draft of Article -68 (old Article 37) : Suggested by the Delegation of Canada
United Nations Economic and Social Council, January 21, 1947
United Nations. Economic and Social Council and Preparatory Commission of the Conference on Trade and Employment Drafting Committee
21/01/1947
official documents
E/PC/T/C.3/W.4 and E/PC/T/C.6/W/1-25
https://exhibits.stanford.edu/gatt/catalog/dd224xc5013
dd224xc5013_90230202.xml
GATT_149
263
1,863
United Nations Nations Unies ECONOMIC CONSEIL RESTRICTED AND ECONOMIQUE E/PC/T/C. 3/W.4 SOCIAL COUNCIL ET SOCIAL . ORIGINAL: ENGLISH DRAFTING COMMITTEE OF THE PREPARATORY COMMITTEE OF THE INTERTIONAL CONFERENCE ON TRADE AND EMPLOYMENT ALTERNATE DRAFT OF ARTICLE -68 (Old Article 37) Suggested by the Delegation of Canada Executive Board -Membership 1. The Executive Board. shall consist of fifteen Members of the Organization. (a) By virtue of their economic importance, Canada, China, France, India, United Kingdon, and United States of America, shall be appointed as permanent members. (b) Four other Members of the Executive Board shall be elected by the Conference so as to assure the continued representation of either Australia or New Zealand., either Belgium or the Netherlands, one Latin American member whose capital is south of the equator and one Latin American member whose capital is north of the equator. (c) The remaining Members of the Executive Board shall be elected by the Conference, and. any of the members enumerated above who are not already elected may be chosen. 2. The non-permanent Members of the Executive Board shall be elected for a period of three years. At the first election of the non-permanent Members, three Members shall be elected for a term of one year and three others for a term of two years. A retiring Member shall be eligible for immediate re-election. 3. These elections shall take place in accordance with arrangements to be approved bar the Conference with a two-thirds majority of its Members. 4. Each Member of the Executive Board shall have one representative who may appoint alternates and advisers.
GATT Library
hh067bb1803
Alternate Draft of Article 68 : Suggested by the Delegation of Blgeium Executvie Board: Membership
United Nations Economic and Social Council, February 4, 1947
United Nations. Economic and Social Council and Preparatory Commission of the Conference on Trade and Employment Drafting Committee
04/02/1947
official documents
E/PC/T/C.6/W.48 and E/PC/T/C.6/W/26-58
https://exhibits.stanford.edu/gatt/catalog/hh067bb1803
hh067bb1803_90230253.xml
GATT_149
296
2,102
United Nations Nations Unies RESTRICTED ECONOMIC CONSEIL E/PC/T/C.6/W.48 AND ECONOMIQUE 4 February 1947 SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH DRAFTING COMMITTEE OF THE PREPARATORY COMMITTEE OF THE UNITED NATIONS CONFERENCE TRADE AND EMPLOYMENT 0 TERNAT=EDRdF T OF ARTICLE 68 SUGGESTED BY HEEDEIELGATION OF BLGEIUM EXECUTVIE BOARD: ME BMRESHPI 1. The Executive Board shall consist of eighteen members of the Organiaetion. (a) The six members of the Organization which have the largest international trade. (b) The three of the remaining members of the Organization which have the greatest eococmic importance. This importance will be determined on the following basis: population: one point per 10 million national income: two points per 000 million dollars percentage of trade to national income: one point per 10% (c) The nine other members of the Executive Board shall be elected by the conference among the remaining members of the Organization oz as to insure adequate representation of the major geographical regions and of any other outstanding interest in international trade. 2. The position of the nine permanent members will be revised every three years on the basis of the situation during this period. 3. The nine non-permanent members of the Executive Board shall be elected for a period of three years. At the first election of the non-permanent members, three members shall be elected for a term of one year, three for a term oftwo - years, and three for a term of three years. A retiring member shall be eligible for immediate re-election. '. The designation and elections shlil take place in accordance with /arrangements E/PC/T/C. 6/W.48 Page 2 arrangements to be approved by the Conference with a two thirds majority of its members. 5. Each member of the Executive Board shall have one representative who may appoint alternates and advisers.
GATT Library
mp778cg9335
Alternative Draft of Article 68 (old Article 57) : Suggested by the Brazilian Delegation
United Nations Economic and Social Council, January 28, 1947
United Nations. Economic and Social Council and Preparatory Commission of the Conference on Trade and Employment Drafting Committee
28/01/1947
official documents
E/PC/T/C.6/W.27 and E/PC/T/C.6/W/26-58
https://exhibits.stanford.edu/gatt/catalog/mp778cg9335
mp778cg9335_90230230.xml
GATT_149
583
3,843
United Nations Nations Unies ECONOMIC CONSEIL E/PC/T/C.6 /W.27 AND ECONOMIQUE 28 January 1947 SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH DRAFTIN'G COMMITTEE OF THE PREPARATORY COMMITTEE OF THE INTERNATIONAL.. CONFERENCE ON TRADE AND EMPLOYMENT ALTERNATIVE DRAFT OF ARTICLE 68 (old Article 57) Suggested by the Brazilian Delegation Section D. The Executive Board Article 68. Membership 1. The Executive Board shall consist of eighteen members of the Organization according to the following regional divisions: five members from countries belonging to Europe;. four members from.North America, .~~~sx Cestral America and the C rIbbean couztriee; three members from Asia; two msibers from Africa and the Near East; two members from South Africa; one member from Oceania; and one fron. U.S.S.R. by reason of her special position in two continents. 2. Eight members of the Executive Board shall be appointed for a term of five years by the Member countries of the Organization having the most important relative trade position In each of the above-mentioned regional divisions and in accordance with the provisions of No. 4 of this Article. Accordingly, two representatives of European countries; two of North Imerica,.Central Azerica and the Caribbean countries; two of Asia; one of-South America; ane o-e of U.S.S.R. will be appointed membors of the Executive Board. . The relative position of the Mewber countries established according to Noa of this Avticle, shall be re-exaned by the Mcecutive Board st'the end of each term of- five yTars, and any change khich may occur will be taten into consideration in order to implement She provisions of the first peragreph of No. 2 of this Article. /The members E/PC/T/C. 6/W. 27 Page 2 The members of the Executive Board shall be appointed by the same Member countries if no change has occurred in the relative position established according to the provisions of No. 4 of this Article. 3. Ten members of the Executive Board shall be elected by the Conference and by the Member countries not appointing their representatives, taking into account the number of Directors allocated to each of the regional divisions set forth in No. 1 of this Article. (a) Five members of the ExecutIve Board shall be elected for the term of three years; end (b) Five members for two years; (c) A retiring member of the Board shall be eligible for immediate re-election. (di) If a Member country entitled according to the provisions of this Article to appoint a member of the Executive Board decides not to accent the membership of the Organization, then a Member country belonging to the regional division of Oceaia shall be elected by the Conference accoding to No. 3 (a) of this Article. 4. The most import. relative trade position in each of the above- mentioned regional divisions, in order to implement the provisions of No. 2 of this Article, shall be determined by the additon of the following factora: (a) one hundred basic units to be allocated to any Member country; (b) twenty units to be allocated for each one billion dollars in the world trade of each Member of the Organization during the last normal period (1938); (c) the actual percentage of the foreign trade of the Member country in relation to global world trade; and (d) one unit for each two percent of the population of the Member country in relation to the global population of the regional division to which it belongs. 5. Each member of the Executive Board shall have one representative and may appoint, alternates and advisers to its representatives.
GATT Library
gg953pt7360
Alternative Proposals
United Nations Conference on Trade and Employment, December 16, 1947
Third Committee: Commercial Policy and Third Committee: Commercial Policy Sub-Committee A (Articles 16 and 17)
16/12/1947
official documents
E/CONF.2/C.3/A/W.1 and E/CONF.2/C.3/A/W.1-39
https://exhibits.stanford.edu/gatt/catalog/gg953pt7360
gg953pt7360_90190419.xml
GATT_149
239
1,645
United Nations Nations Unies RESTRICTED CONFERENCE CONFERENCE E/CON. 2/C.3/A/W.1 ON DU 16 December 1947 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH THIRD COMMITTEE: COMMERCIAL POLICY SUB-COMMITTEE (Articles 16 and 17) Alternative Proposals* Article 16 - General Most-Favoured-Nation Treatment 1. France (1) In the Second paragraph of the Note to Annex A, delete the words: "...to replace a margin of preference in an internal tax existing on April 1947 exclusively between two or more of the territories listed in this Annex o-...". (2) Delete the note to Annex D. (3) Add the following to paragraph 3: "The margin of preference may, however, be increased to the level strictly necessary to compensate for the elimination of preferential internal taxes under Article 18." 2. United States Amend the note to Annex D as follows: The imposition of a margin of tariff preference to replace a margin of preference in an internal tax existing on 10 April 1947 exclusively between two or more of the territories listed in this Annex, shall not be deemed to [constitute an increase in a margin of tariff preference] be contrary to the provisions of paragraph 3 of Article 16, it being understood that any such margin of preference shall be subject to the provisions of Article 17. * Arising out of the Cuban amendments to Annexes A and D pertaining to Article 16 (Item 6, Revised Annotated Agenda for Chapter IV, Section A, document E/CONF.2/C.3/6).
GATT Library
hz439vr5696
(AM) Take # 1-Fourth Plenary Metting
United Nations Conference on Trade & Employment, November 27, 1947
Department of Public Information Havana Cuba and United Nations Conference on Trade & Employment
27/11/1947
press releases
Press Release ITO/46 and ITO/1-48
https://exhibits.stanford.edu/gatt/catalog/hz439vr5696
hz439vr5696_90200333.xml
GATT_149
437
2,711
UNITED NATION CONFERINCE ON TRADE & EMPLOYMENT Department of Public Information H. vana Cuba (AM) Take # 1 Press Release ITO/46 27 November 1947 (AM) Take # 1 - FOURTH PLENARY METTING. The General Debate, which began yesterday, continued at the fourth plenary meeting this morning. First to speak was Mr. Ejnar Waerum, Denmark. (See ITO/42 for complete text of Mr. Waerum's address, Mr. Waerum recalled that the Agrement on the Internatio- nal Monetery Fund and the International Bank constituted a first step towards the establishment of more stable conditions in the field of foreign trade. However, he said, these measures must be supplemented by others insuring a freor exchange among countires. One of the most important stops to be taken declared the representative of Denmark, was to repair the damage causd by the war in bringing order into European mechinery of production. From his point a view, he added, it would be wise to divide the Charter into two parts, one--comprising the basic principles and the pormanent exceptions, and one including the rules which apply to the period of reconstruction. Mr. Waerum expressed his satisfaction with the Chapter of the Charter dealing with Industrial Development which would allow ec- onomically undeveloped countries to apply to some extent protective measures necessary for the development of their countries. Another provision of far reaching importance, he continued, was one compelling each country to maintain full and productive employ- ment. In the case of great unemployment, the Danish representative said, it will be of course rather difficult to apply the necessary conditions for the observance of those rules. ( MORE) - 2 - ( AN ) Take # 1 ITO /46 For economic as well as for political reasons, continued Mr. Waerum, no country can afford to have much unemployment, but it must be kept in mind that efforts tending to eliminate unemploy- ment might have repercussions in the field of commercial and cu- rrency policies. For instance, in some countries, the Danish Del- egate said, full employment might result in a tendency towards a rise of wages, and this might make it difficult to compete on an equal footing with countries where wages are less liable to rise. Mr. Waerum further declared thut it was extremely import- ant to oreate a world-wida organization, but if this goal cannot be achieved immediately the cooperation of a great number of countries would still be useful. He concluded by paying tribute to the good work done by the Preparatory Committee which in his opinion created a very good basis for reaching a substantial agreement during the Conf- erence. (IND OF TAKE #1)
GATT Library
tr422zw4377
(AM) Take #6 -Fifth Plenary Meeting
United Nations Conference on Trade & Employment, November 28, 1947
Department of Public Information Havana, Cuba and United Nations Conference on Trade & Employment
28/11/1947
press releases
Press Release ITO/59 and ITO/48-73
https://exhibits.stanford.edu/gatt/catalog/tr422zw4377
tr422zw4377_90200354.xml
GATT_149
188
1,220
UNITED NATIONS CONFERENCE ON TRADE & EMPLOYMENT Department of Public Information Havana, Cuba (AM) Take #6 Press Release ITO/59 28 November 1947 (AM) Take #6 - FIFTH PLENARY MEETING Indonesian Republican import needs, Dr. Gani said, includ- ed, i ar alia, textiles, medicinal products, transportation and com- manucation equipment and general industrialization machinery. In return,, the Indonesian Republic could, he said, begin exporting at once in grewing quantities certain raw materials. The ITO Draft Charter, he said, was a stop in the right direction and the Republic of Indonesia would cooperate in the task- of achieving it. On a point of order, the Representative of the Netherlands, Mr. Speekenbrinek, objected to the attacks launched against his country by the Representative of the Indonesian Republic. He "form- ally protested " against " the gross abuse" of the terms of the invitation by the Indonesian Representative. President Clark said he would rule on the point of order raised by the Representative of the Netherlands when the Conference reconvened in plenary meeting this afternoon at 4:00 p.m. He then adjourned the meeting. (End of Take #6 and of Press Release ITO/59)
GATT Library
tr074dv6164
Amendment proposed by Delegation of Australia rule 30 of rules of procedure
United Nations Conference on Trade and Employment, November 25, 1947
25/11/1947
official documents
E/CONF.2/W.5, 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/tr074dv6164
tr074dv6164_90180153.xml
GATT_149
99
628
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies CONFERENCE DU COMMERCE ET DE L'EMPLOI RESTRICTED E/CONF.2/W.5 1 25 November 1947 ORIGINAL: ENGLISH AMENDMEN PROPOSED BY DELEGATION OF AUSTRALIA RULE 30 OF RULES OF PROCEDURE The delegete for Australia proposes to delete the present draft of Rule 30 and subatitute the following wording: No decisions by vote shall be taken but at the conclusion of the discussion of any question, the Chairman of the body in which the discussion has occurred shall determine, by such means as seem proper to him, the opinion of the Conference on the question."
GATT Library
tb758hd4427
Amendment proposed by the Delegation of India Quantitative Restrictions for Protective Purposes
United Nations Economic and Social Council, January 21, 1947
United Nations. Economic and Social Council
21/01/1947
official documents
E/PC/T/C.6/W.5 and E/PC/T/C.6/W/1-25
https://exhibits.stanford.edu/gatt/catalog/tb758hd4427
tb758hd4427_90230203.xml
GATT_149
537
3,741
United Nations Nations Unies ECONOMIC CONSEIL RESTRICTED AND ECONOMIQUE E/PC/T/C.6/W.5 21 January 1947 SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH AMENDMENT ROPOSED BY THE DELEGATION OF INDIA QUANTITATIVE RESTRICTIONS FOR PROTECTIVE PURPOSES With reference to Chapter II, Section I, paragraph 4., and Chapter III, Section C, paragraph 1, sub-paragraph (m) of Part II of the Report of the First Session of the Preparatory Committee on Trade and Employment, the Delegation of India suggests the insertion of the following provisions at a suitable place in either Chapter IV (Economic Development) or Chapter V, Section C (General Commercial Policy - qantitative Restrictions and Exchange Control) of the Charter: '1. Members agree that they will not impose new or intensify existing quantitative restrictions on imports for protective purposes except then such restrictions are no more restrictive in their effect than other forms of protection. "2 The Organization may at any time invite any Member which is imposing quantitative restrictions on imports under paragraph 1 to consult with it about the form and extent of the restrictions and shall invite the Member substantially intensifying such restrictions to consult accordingly within thirty days. Members agree to participate in such discussions when so invited. The Organization shall within two years of its institution review all restrictions existing at its institution and subsequently maintained under paragraph 1. "3. Any Member applying or intending to apply quantitative restrictions on imports under paragraph 1 may if it so desires consult with the. Organization with a view to obtaining the previous approval of the Organization for restrictions which it intends to maintain or to impose or for the maintenance or imposition in the future of restrictions under specified conditions. As a result of such consultation the E/PC/T/C. 6/W.5 Page 2 Organization may approve in advance the maintenance, imposition, or intensification of import restrictions by the Member in question insofar as the General extent, decree and duration of the restrictions are concerned. To the extent to which such approval has been given, the action of the Member imposing restrictions shall not be open to challenge under paragraph 4 insofar as it relates to action taken in conformity with paragraph 1. "4. Any Member, which considers that any other Member is applying import restrictions under paragraph 1 in a manner inconsistent with the terms of that paragraph, may bring the matter for discussion to the Organization. The Member imposing restrictions shall than participate in the discussions of the reasons for its action. The Organization shall, if it is satisfied that there is prima facie case that the complaining Member' s interests are adversely affected, consider the complaint. It may then recommend the withdrawal or modification of restrictions which it determines are being applied in a manner inconsistent with the terms of paragraph 1. If restrictions are not withdrawn or modified in accordance with the recommendations of the Organization within sixty days, such other Members shall be released from such obligations incurred under this Charter towards the Member applying the restrictions as the Organization may specify." The effect of this amendment is to make applicable to quantitative restrictions for protective purposes substantially the same procedure as has bjon provided in Article 26 for quantitative restrictions to safeguard the balance of payments.
GATT Library
pk035fg1090
Amendment Submitted by the Delegation of France
United Nations Economic and Social Council, February 6, 1947
United Nations. Economic and Social Council and Preparatory Committee of the International Conference on Trade and Employment
06/02/1947
official documents
E/PC/T/C.6/W.54 and E/PC/T/C.6/W/26-58
https://exhibits.stanford.edu/gatt/catalog/pk035fg1090
pk035fg1090_90230259.xml
GATT_149
103
887
United Nations Nations Unies RESTRICTED E/PC/T/C.6/W.54 ECONOMIC CONSEIL 6 February 1947 ENGLISH AND ECONOMIQUE ORIGINAL: FRENCH SOCLAL COUNCIL ET SOCIAL PREPARATORY COMMITTEE OF THE UITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT Amendment Submitted by the Delegation of France Article 12, Pragraph 5 The lodging of complaints by affected business entities, even with the permission of the Member in whose jurisdiction they are, raises objections of a juridical and practical nature. The Delegation of France therefore proposes the following drafting of Article 12, paragraph 5: "...any Member or, with its acquiescence, from any business entity or person concerned, within the jurisdiction of that Member....."
GATT Library
qv064nc8742
Amendment Submitted by the Delegation of France Restrictive Business Practices
United Nations Economic and Social Council, February 1, 1947
United Nations. Economic and Social Council
01/02/1947
official documents
E/PC/T/C.6/W.39 and E/PC/T/C.6/W/26-58
https://exhibits.stanford.edu/gatt/catalog/qv064nc8742
qv064nc8742_90230243.xml
GATT_149
99
819
United Nat n ioms Nations Unies FM TTRICED ECONOMIC CONSEIL PC E/k/T/W.6/w.39 AND ECONOMIQUE 1 February 1947 SOCIAL COUNCIL ET SOCIAL NGLISHS MENDhENvT UBMITTEBDB Y HIEDMLEIGATION O FRANCE RESTRICTVIE BUSNZESS PRACTICES Article 40, asargraph (b) The submission of complaints by affected enterprises, even with the permissin= of the Member to whose jurisdiction they are subject, raises legal nzd practical objections. The Delegation ofFPrance, therefore, proposes that the beginning of pargr'aph (b)oaf Article 40 should be worded as folIows: "Consider each written complaint submitted by any Member, or submitted, with the support of such Member, by any affected person, etc....."
GATT Library
ys965md8128
Amendment to Article 30, Subsidies, Proposed by the Delegation of New Zealand
United Nations Economic and Social Council, January 27, 1947
United Nations. Economic and Social Council and Preparatory Commission of the Conference on Trade and Employment Drafting Committee
27/01/1947
official documents
E/PC/T/C.6/W.23 and E/PC/T/C.6/W/1-25
https://exhibits.stanford.edu/gatt/catalog/ys965md8128
ys965md8128_90230224.xml
GATT_149
197
1,370
United Nations Nations Unies RESTRICTED ECONOMIC CONSEIL E/PC /T/C.6/W.23 ECONOMIQUE 27 January 1947 AND I ECONOMQUE SOCIL COUNCIL ET SOCIAL O IN NGLISHGSAL: EAlSE MMITTl OF THE NREPARATORY COMMITTEE OFTEE OF TERNATIONAL CONFERENCE ON TRADE AND EMPLOYM Amendment to Article 30, Subsidies, Proposed By the Delegation of New Zealand Article 30, Paragraph (3) A system for the stabilization of th6 Cd[mestic price 7 r]turns to domestic producers of a primary product, which sometimes results 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] paid to domestic producers of the product, many be determined, by the Organization not to be a subsidy on exportation under the terms of paragraph (2), if it has at times resulted in the sale of the product for export at a price higher than the comparable price Uc[arged for the like product to domestic buyers7 p]id to domestic producers of the product, and if the system is so operated, eit[her because of the effective limitation of production or otherwise], as not fto[un] uly to stimulate exports or otherwise seriously prejudice the interests of other members.
GATT Library
gx703wy6780
Amendment to Article 7 (Former Article 8) proposed by the Delegation of France
United Nations Economic and Social Council, January 28, 1947
United Nations. Economic and Social Council and Preparatory Commission of the Conference on Trade and Employment Drafting Committee
28/01/1947
official documents
E/PC/T/C.6/W.24 and E/PC/T/C.6/W/1-25
https://exhibits.stanford.edu/gatt/catalog/gx703wy6780
gx703wy6780_90230225.xml
GATT_149
329
2,355
United Nations Nations Unies RESTRICTED ECONOMIC CONSEIL E/PC/T/C.6/W.24 AND ECONOMIQUE 28 January 1947 SOCIAL COUNCIL ET SOCIAL ENGLISH ORIGINAL: FRENCH , . DRAFTHE PREO0I5 OFMITTEE OF THEY COMUT= O - MATINFEREL COIWNCEITRAD O N-MUEPLOYM N'EMED E ENTRE: RTICLEO A3!S MER (RFORLE ATIC~ 8) EPROPOSD BY LE-ATIO_ DEGFRANOF nWCE Article 7 (former Article 8) provides that in the event of deflationary Dresaure tge Or_anization shall haga ret;rd to the neeMe of Ymbers to safe;uard their economies, but it does not establish any special provision to achieve this effect. Chapter VII, of the Charter, howevey, lawn doxi a special procedure for me etingcrisis of overproduction in certain do=64-ities. Xn view of the fact that a serious decline in demand has effects in all respects comparable oo tocse cf a crisis of overproduction, it rould appear that a similar procedure should be adopted in the cases provided for in Article 7. Me gDeleamion of France therefore proposes that the London text be replaced by the following: Article 7: guafe-ards for Countries subject to External Defonaic:=ry Pressure. 1. Thg Oir-anzation shall havg reCard to the needMemf Wmbers to gaar:uszd their economigsi aZanst a serious and abrupt decline in the enater2maddearn for goods and services resulting from a deflationary crisis occugrrin in other countries. 2. Where a Member suffers or expects to suffer the adverse effects of sách A crisis, it may, after consugtin. thg Or-anization, take gufe ,agdinG action departfno Srcm the undertakings contracted in pursuance of phe yrovisions of thhis Carter. Nevertheless, in critical and e:ceptional circumstances, such action may proviailyel., be taken without /p5ior E/PC/T/C.6/W.24 Page 2 prior consultation, provided that the Organization shall be informed immediately after the taking of such action. 3. The Organization shall, either on its own initiative or at the request of a Member having a substantial interest, convene a conference for the purpose of deciding, if necessary with the assistance of the specialized agencies, the action to be taken within the competence of the Organization.
GATT Library
cz906cb4938
Amendment to Article 83 proposed by the delegation of Ireland
United Nations Conference on Trade and Employment, December 22, 1947
Sixth Committee: Organization
22/12/1947
official documents
E/CONF.2/C.6/12/Add.6 and E/CONF.2/C.6/12/ADD.4-44
https://exhibits.stanford.edu/gatt/catalog/cz906cb4938
cz906cb4938_90170046.xml
GATT_149
121
813
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies CONFERENCE DU COMMERCE ET DE L'EMPLOI UNRESTRICTED E/CONF.2/C.6/12/ Add. 6 22 Docember 1947 ENGISH - FRENCH ORIGINA: ENGISH SIXTH COMMITTEE: ORGANIZATION AMENDMENT TO ARTICLE 83 PROPOSED BY THE DELEGATION OF IRELAND The delegation of Ireland proposes the the words "subject to the approval of tho Excecutive Board and" be inserted after the words "Directors-General" in the second line of paragraph 1 of Article 83. SIXIEME COMMISSOIN : ORGANISATION AMENDFMENT A L'ARTICE 83 PROPOSE PAR LA DE DELEGATION DE L'IRANDE La délégation de l'Irlande propose d'insérer les mots "sous réaerve de l'approbatoni du Concell exécutif" à a suite dos mots "directours générai* adjoirts" à la deuxième ligne du paragraphe 1 de l'article 83.
GATT Library
qt973cv2158
Amendment to Directory of Delegations and Secretariat
United Nations Economic and Social Council, July 9, 1947
United Nations. Economic and Social Council and Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment
09/07/1947
official documents
E/PC/T/INF/22 Rev.1 Add.3 and E/PC/T/INF/22/REV. 1-66
https://exhibits.stanford.edu/gatt/catalog/qt973cv2158
qt973cv2158_90200447.xml
GATT_149
910
6,003
UNITED NATIONS ECONOMIC AND SOCIAL COUNCIL NATIONS UNIES UNRESTRICTED CONSEIL E/PC/T/INF/22 Rev.1 Add.3 9 July 1947 ECONOMIQUE ET SOCIAL SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT. Amendment to Directory of Delegations and Secretariat. Australia: Mr. E.R.Roberts (Room 433, telephone 2590), has been incorrectly listed as a member of the New Zealand Delegation. It should be noted that he is a member of the Australian Delegation. Netherlands: Add: Room No. Tel.No. Hotel Achmed Ponsen DaEng Pasanre Hotel Victoria P. Bouvrmeester 449 2759 c/o Mme. Marelli 2 Rue Michel Chauvet United Kingdom: The following directory should take the place of the one previously included in document E/PC/T/lNF/22 Rev.1: UNITED KINGDOM Room No. Telephone Miss B. Adams 22 2524 Mr. G.C Ager 7 2969 Hon. H.E.Allan 15 2979 Mrr. M.E. Allen 112 2657 Mr. P. Arnold 111 2190 Mr. A.R. Ashford 16 2954 U Ba E 119 2194 U Ba Nyein 119 21914 Mr. A.F.Barnes 12 2957 Hotel Hotel Beau Rivage Hotel Beau Rivage Hotel Regina Hotel Beau Rivage Hotel Beau Rivage Hotel Richemond Motel La Residence Hotel La Residence Hotel Richemond E/PC/T/INF/22 Rev.1 Add 3 page 2 UNITED KINGDOM (Contd) Room No. Telephone Mr. J. H.Bonham-Carter Miss W. Bonner Mr. R. Boulter Mr. R. Burns Mr. K.J. Burraston Mrs. M. M. Campbell Mrs. N.L. Challis Mr. J.D.P.Chataway U Chit Tun Miss J. Chignell Miss Claridge Sir G. Clauson Mr. E.A. Cohen Mr. I. Collins Miss Colman Mr. G.C.S. Corea Miss J.L. Cotterell Miss M.A. Cotterill Mr. J.B. Cox Miss N. Cracknell Mr. F.W. Craig Sir R. Dalton Col. G. Darby Mr. T.W. Davies Miss W.B. Davis Miss R.S.M. Denton Col. Defrates Mr. D.R. Elder Miss J.M. Elworthy 4 9 6 13 3 7 7 119 114 119 A 14 115 119A 13 3 13 106 22 9 14 W.3 5 13 3 10 2962 2970 2960 2978 2967 2969 2969 2194 2658 2195 2955 2960 2192 2195 2978 2967 2978 2633 2524 2970 2955 2955 2527 2968 2978 2967 2958 Hotel Beau Rivage Hotel Regina Hotel Richemond Hotel Beau Rivage Hotel Suisse Hotel Richemond Hotel Bernina Hotel Richemond Hotel La Residence Hotel Beau Rivage Hotel Regina Hotel Beau Rivage Hotel Michemond Hotel Beau Rivage Hotel Angleterre Hotel Richemond Hotel des Familles Hotel Beau Rivage, Divonne. Hotel Beau Rivage Hotel d'Angleterre Hotel Richemond Hotel Beau Rivage Hotel Beau Rivage Hotel des Familles Hotel des Familles Hotel La Residence Hotel Bernina Hotel Beau Rivage, Divonne. Hotel E/PC/T/INF/22 Rev.1 Add 3 page 3 UNITED KINGDOM. (Contd) Mr. J.E.S. Fawcett Sir C. Figg Miss N.K.Fisher Mr. J. Fletcher Miss E.L.Fryatt Mr. K.K. Goodenough Mr. Gushue Miss K. F.Hardie Mr. D. J. Hardy Mrs. E.P.Hardy Mr. J.R.C. Helmore Mr. S.L.Holmes Miss Hudsopith Mr. G. Imms Mr. H.E.Jones U Kyaw Thein Sir C. Lockhart Miss Y. Lovat-Williams Mr. B. .Mahadeva Mr. F.W.Marten Miss H. Miller Mr. R.L.Moorby Mr. H.W.Morris Mr. S.E.Morris Mr. I.A.H. More Mr. G.J. Nash Miss V.G.Newman Miss Nicholson Room No. 14 20 15 4 109 108 13 5 5 116 117 108 16 13 119 8 113 14 110 W.2 8 W.1 4 11 Telephone 2955 2521 2979 2962 2189 2634 2978 2968 2968 2927 2193 2634 2954 2978 2194 2959 2191 2955 2656 2522 2959 2528 2962 2972 Hotel Hotel Beau Rivage Hotel Beau Rivage Hotel Richemond Hotel Beau Rivage Hotel Residence Hotel Beau Rivage Hotel Beau Rivage Hotel des Familles Hotel des Familles Hotel Beau Rivage Hotel Beau Rivage Hotel Beau Rivage Hotel Beau Rivage Hotel Richemond Hotel La Residence Hotel Hotel Hotel Hotel Hotel Hotel Hotel Beau Rivage. Regina d'Angleterre La Residence des Familles Richemond. Beau Rivage Hotel La Residence Hotel Regina E/PC/T/INF/22 Rev. 1 Add 3 page 4 UNITED KINGDOM (Contd) Mrs. M. Nuttal U Nyun Mr. R. H. Owen Miss G. Powers Mr. J. Parker Mr. J.A.Payne Miss D. Pearse Mr. W. Peters Miss Petrie Mr. N. Pritchard Miss E. Prosser Mr. C.J.Pyke Mr. T. Y.Rees Mr. W.E.R. Rhydderch Mr. E. Roll Mr. S.A. Rowe Miss F. Segal Mr. R.J.Shackle Mr. T.H.Shardlow Mrs. M.T.Simons Mr. R.B.Stevens Miss M.E.Strudwick Mr. A.J.Suich Mr. J.P.Summerscale Mr. T. S. Sydenham-Clarke Miss J.E.Tamplin Mr. J. Taylor Mr. J. Thomson Room No. Telephone Hotel 7 119 11 115 117 10 108 9 110A 112 8 15 2 16 109 4 117 106 W.2 8 5 2 20 W. 3 2969 2194 2972 2192 2193 2958 2634 2970 2195 2657 2959 2979 2966 2954 2189 2962 2193 2633 2522 2959 2968 2966 2572 2527 Hotel Hotel Hotel Hotol Hotel Hotel Hotel Hotel Hotel Hotel Hotel Hotel Hotel Hotel Hotel Hotel Hotel Hotel Hotel Hotel Hotel Hotel Hotel Hotel des Familles La Residence Richemond Regina Beau Rivage Beau Rivage Richemond Regina Beau Rivage La Residence Richemond Richemond Richemond La Residence Regina Beau Rivage des Familles des Familles Beau Rivage Suisse Richemond d 'Angle terre Bernina E/PC/T/INF/22 page 5 Rev. 1 Add 3 UNITED KINGDOM (Contd) Mr. C.R. Thumwood Miss Turnbull Mr. G. B. Yale Mr. A.C. Vaughan Mr. W. Vincent Miss C. Walden Mr. J. Ward Mr. J.E. White Mr. C.J.A. Whitehouse Mr. A.E.W. Williams Miss S.D. Wingate Mr. A.M. Wiseman Room No. Telephone 106 2633 115 2192 12 2957 W. 2 2522 W. 2 2522 16 2954 110 2656 106 2633 12 2957 3 11 2967 2972 Hotel Hotel Hotel Hotel Hotel Hotel Hotel Hotel Hotel Hotel Hotel Hotel Hotel des Families d'Angleterre des Familles des Familles Bernine Regina La Residence des Familles Beau Rivage Beau Rivage Richmond Richemond
GATT Library
cs596kr9295
Amendments proposed by the delegation of Czechoslovkia
United Nations Conference on Trade and Employment, December 17, 1947
Sixth Committee: Organization
17/12/1947
official documents
E/CONF.2/C.6/12/Add.3 and E/CONF.2/C.6/1-12/ADD.4
https://exhibits.stanford.edu/gatt/catalog/cs596kr9295
cs596kr9295_90170043.xml
GATT_149
456
3,077
United Nations ns Nations Unies E/CONF.2/C.6/12/ CONFERENCE CONFERENCE Add .3 17 December 1947 ON DU TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH SIXTH COMMITTEE: ORGANIZATION AMENDMENTS PROPOSED BY THE DELEGATION OF CZECHOSLOVKIA The delegation of Czechoslovakia proposed the following amendmentS to Article 69 (c) and Article 75: Article 69 (c) Delete the words "undertake studies on, make recommendations for and" so that the whole paragraph will read: (c) To promote international agreement on and measures designed .... Explanatory Note: The delegation of Czechoslovakia is of the opinion that the ITO should Promote international agreement and matters contained in this Article, but their study and the ensuing recommendations should be left to those organs of the United Nations which were especially created for this purpose, such as the Fiscal Commission, etc. In making this proposal the delegation of Czechoslovakia is gilded by the text of the Resolution of the General Assembly of the United Nations (documents A/C.2 & 3/65 A/C.5/197 of 6 November 1947), that it is essential in order to prevent overlapping of activities and duplication of efforts that the Members instruct their representatives to use every effort in this direction. Furthermore the delegation of Czechoslovakia recommendsthat the Conference requests the Executive Secretary to provide the Members of this Conference will full information about the scope and activities of the above mentioned commission. Article 75 Redraft Article 75 as follows: 1. The Executive Board shall consist of eighteen members elected by the Conference by the affirmative vote of two-thirds of those present and voting. If no decision can be taken after two votings, the decision shall be taken at the third voting by a majority of Members of ITO. 2. Subject to the provisions of paragraph 3, six Members of the Executive Board shall be elected each year for a term of three years. 3. The term of office of six Members elected at the first election shall expire at the end of one year, and of six other Members at the end of two years, in accordance with arrangements made by the first Conference. /4. The Conference Page 2 4. The Conference shall also establish rules which shall provide for the mode of ensuring a reasnoable measure of continuity in the representation on the Board and also of an equitable distribution according to geographical representation, to degrees of economic development and to different social and economic structures, Explanator Note: In the light of discussions in the Sixth Committee, the delegation of Czechoslovakia has the honour to present a draft text of Article 75 for the consideration of the respective sub-committee. The delegation of Czechoslovakia feels that its suggestion might form a basis for discussion and for the working out of a reasonable compromise.
GATT Library
jd559hn7251
Amendments proposed to Article 68
United Nations Conference on Trade and Employment, December 1, 1947
Sixth Committee: Organization
01/12/1947
official documents
E/CONF.2/C.6/1 and E/CONF.2/C.6/1-12/ADD.4
https://exhibits.stanford.edu/gatt/catalog/jd559hn7251
jd559hn7251_90170001.xml
GATT_149
715
4,738
United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE E/CONF.2/C.6/1 ON DU 1 December 1947 TRADE AND EMPLOYMENT, COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH SIXTH COMMITTEE: ORGZNIZATION AMENDMENTS PROPOSED TO ARTTOLE 68 The Burma delegation proposes the following text for Articl 68; "Membership *"1. the original Members of the Organization shall be those States and separate customs territories invited to the United Nations Conference on Trade and Employment whose Goverments accept this Charter by .............194... in accordance with paragraph 1 of Article 98, or, if this Charter shall not have entered into force by .... ,.....194.. , those States and separate customs territories whose Governments agree to bring this Charter into force in accordance with the proviso in paragraph 2 of Article 98., "2. Any other State whose membership has been approved by the`Conference shall become a Member of the Organization upon its aoceptanoe,¶ in accordance with paragraph 1 of Article 98 of this Charter, s amended' up to the date of such acceptance; "3. [The following, separate customs territories, though not responsible,- for- the formal conduct of their diplomatic relations shall be admitted : to the Organization on such terms as may be determined:' (1) any separate customs territory invited to the United Nations Conference on Trade and Employment upon acoentanc of. the Charter on its behalf by the competent, Member in, accoordance with paragraph 2 of Article 99; (ii)7 Any separate customs territory not invited to the - United Nations Conference on Trade'and Employment, proposed . by the, competent Member having responsibility' for the. formal conduct of its diplomatic relations and which is autonomous in the. conduct of.its external oommercil relations and of the.other matters provided for by this Oharter and whose admision is approved by the Conferemce shall become * The use of sguare braokets indibetes which itt ia -proposed to deloete. from the text of Article 68 of the raft Charter while the -use' of underlining indicates words which it is proposed should be'added to that t /upon Q''' S~~~~~-!'N E/CONF'.2/C.6/1 Page 2 upon aoceptace of the Charter on its behalf by the competent Member in accordance with paragraph 2 of Article 99, or, in the case of a territory in respect of which the Charter has bean Accepted under paragraph 1 of Article 99, upon its becoming thus autonomous. "[4 . Any separate customs territory admitted to the Organization under paragraph 3 of this Article which ie'accorded full voting rights shall thereupon be a Member of the organization,] ,"[5.7 4. The Conference shall determine the conditions upon which mamhership rights and obligations shall be extended to Trust Territories administered by the United Nations and to the Free Territory of Trieste." 2. The Burma delegation explains the anendmint it.has proposed as follows: "The separate customs territories which are present at this Conference are signatories to the Final Act of the General Agreement on Tariffs and Trade and if they apply the Agreement provisionally they will be represented at meetings of CONTRACTING PARTIES. (Articles XXV and XXXII of General Agreement). However according to Article 68 and 81 of the Draft Charter these separate customs territories will not be on Tariff Committee, There is still another confusion in paragraph 2 of Article 98 when in the proviso it is stated that any of the Governments applying the General Agreement on Tariffs and Trade . .. . may, upon conditions to be agreed between them, bring this Charter. into force. Such governments may include any of the Reporate customs territories which have signed the Final Act. "The separate customs territories which are signatories to the Final Act of the General Agreement have been invited to this Conference on the strength of their participation in trade negotiations in Geneva. They are present at this Conferance independently of the metropolitan country. The metropolitan country is not responsible for their action in this Conference. Hence it is only equitable that these separate customs territories should become Members of the Organization," 3. . The delegation of Pakistan proposes to add the words '!by the Conference" in the fourth lino of, paragraph 3 of Article 68 between the words "Organization' and "on such terms". 4.. The delegation of Italy proposes the deletion of the words "and to the Free Territory of Trieste" at the end of paragraph 5 of Article 68.
GATT Library
zt732xd6258
Amendments relating to the functions and composition of the Tariff Committee suggested by the delegation of China
United Nations Conference on Trade and Employment, December 22, 1947
Sixth Committee: Organization
22/12/1947
official documents
E/CONF.2/C.6/12/Add.7 and E/CONF.2/C.6/12/ADD.4-44
https://exhibits.stanford.edu/gatt/catalog/zt732xd6258
zt732xd6258_90170047.xml
GATT_149
194
1,459
United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE E/CONF.2/C.6/12/ ON DU Add.7 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 22 December 1947 ORIGINAL: ENGLISH SIXTH COMMITTEE: ORGANIZATION AMENDMENTS RELATING TO THE FUNCTIONS AND COMPOSITION OF THE TARIFF COMMITTEE SUGGESTED BY THE DELEGATION OF CHINA Article 74(1) Delete "subject to the provisions of Article 81". Article 81 1. There shall be an Interim Tariff Committee which shall act temnporarily on behalf of the Organization in initiating the negotiations provided for under paragraph 1 of Article 17 and in the making of recommendations and determinations pursuant to paragraph 2 of Article 17. 2. The Members of the Tariff Committee shall consist of those Contracting Parties to the General Agreement on Tariffs and Trade referred to in paragraph 1(d) of Article 17 which are Members of the Organization. The Membership shall be confirmed by the Conference. When the number of Members of the Committee shall constitute two-thirds of the total number of Membera. of the Organization, the Committee shall terminate and its functions shall be transferred to the Conference. Article 90(3) Add: "Any decision or determination of the Interim Tariff Committee may likewise be reviewed by the Conference."
GATT Library
py262jc2475
Amendments Suggested by the Delegation of Australia
United Nations Economic and Social Council, February 5, 1947
United Nations. Economic and Social Council and Preparatory Commission of the Conference on Trade and Employment Drafting Committee
05/02/1947
official documents
E/PC/T/C.6/W.49 and E/PC/T/C.6/W/26-58
https://exhibits.stanford.edu/gatt/catalog/py262jc2475
py262jc2475_90230254.xml
GATT_149
165
1,262
ECONOMIC CONSEIL E /PC/T/C.6/W.49 AND ECONOMIQUE SOCIAL COUNCIL ET SOCIAL DRAFTING COMMITTEE OF THE PREPARATORY COMMITTEE OF THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT AMENDEMENTS SUGGESTED BY THE DELEGATION OF AUSTRALIA Delete Article 50. Amend Articles 48 and 49 as follows: Article 48 1. A Member or Members substantially interested in the production, \, consumption or trade of a particular primary cmomodyit or a cpeomtent specialized agency shall be entitled if they consider that special difficulties affecting the commodity exist or are expected to arise regarding the commodity]7 to ask that a study of that om=modity be made. 2. After "non-ecmbers having . similar interest" add "and omnpetent specialized agencies". 3. Delete "problems" and substitute "difficulties". Article 49 2. After "non-members having a similar interest" add "and ocmpetent specadlized agencies". 3 Delete paragrph Miscellaneous Provisions Article 57 If it is thought necessary to maintain the division of the VChptres into "Sections" Section "D" should. be inserted before "miscellaneous provisions". Tn,t-eA N - 76 1Nations
GATT Library
dd323rz7178
Amendments to Article 88 suggested by the Secretariat
United Nations Economic and Social Council, February 12, 1947
United Nations. Economic and Social Council and Preparatory Commission of the Conference on Trade and Employment Drafting Committee
12/02/1947
official documents
E/PC/T/C.6/71 and E/PC/T/C.6/61-72
https://exhibits.stanford.edu/gatt/catalog/dd323rz7178
dd323rz7178_90230136.xml
GATT_149
465
3,202
United Nations Nations Unies ECONOMIC CONSEIL RESTRICTED AND ECONOMIQUE E/PC/T/C.6/71 12 February 1947 SOCIAL COUNCIL ET SOCIAL ORIGINAL:ENGLISH DRAFTING COMMITTEE OF THE PREPARATORY COMMITTEE OF THE UNITED NATIONS CONEFERENCE ON TRADE AND EMPLOYMENT AMENTMENTS TO ARTICLE 88 SUGGESTED BY THE SECRETARIAT Article 88 Entry into Force 1. (No change suggested) 2. Governments may become parties to this Charter by means of any of the following methods: (a) signature without reservation as to approval; (b) signature subject to approval followed by acceptance; (c) acceptance. [(2)] 3. [Each government accepting this Charter shall deposit an instrument of acceptance] Acceptence shall be effected by the deposit of a formal instrument with the Secretay General of the United Nations [,who]. The Secretary-General will inform all governments represented at the United Nations Conference on Trade and Employement all other Members of the United Nations which were not represented at that Conference of the date of each signature and of the deposit of each instrument of acceptance and of the date on which this Charter enters into force under pareagraph [3] 4. [(3)] 4. This Charter shall enter into force [of] on the sixtieth day following the day on which the number of governmentsts represented at the United. Nations Conference on Trade and Employment which have [deposited acceptance] become parties to it pursuant to paragraphs 2 and shall reach twenty [ and] The signature or Acceptance as the case may be of each other [accepting] government shall take effect on the sixtieth /day following E/PC/T/C .6/71 Page 2 day following the day of signature or on which the instrument of [such] acceptance is deposited provided that, if this Charter shall not have entered into force by 31 December 194, any of the governments which have made effective the General Agreement on Tariffs and Trade dated ,194...., together with any other governments represented at the United Nations Conference on Trade and Employment, may agree to brine this Charter into force among themselves in accordance with arrangements which they may agree upon. Any signature or instrument of acceptance deposited with the Secretary-General of the United Nations shall be taken as covering both procedures for bringing this Charter into force, unless it is expressly [provides] stated to the contrary or it is withdrawn. 14. Each governments [accepting] becoming party to this Charter does so in respect of its metropolitan territory and the oversea territories for which it has international responsibility with the exception of those territories which are self-governing in respect of matters provided for by the Charter. Each Member shall notify the Secretary-General of the United Nations of its acceptance of the Charter on behalf of any such self-governing territory willing to undertake the obligations of the Charter, and upon such notification the provisions of the Charter shall become applicable to that territory.
GATT Library
jm580cx8624
An Informal Summary of the ITO Charter
United Nations Conference on Trade and Employment, November 21, 1947
21/11/1947
official documents
E/CONF.2/INF.8 and E/CONF.2/INF.8-110
https://exhibits.stanford.edu/gatt/catalog/jm580cx8624
jm580cx8624_90180098.xml
GATT_149
14,586
95,268
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies CONFERENCE DU COMMERCE ET DE L'EMPLOI UNRESTRICTED E/CONF.2/INF.8 21 November 1947 ORIGINAL: ENGLISH AN INFORMAL SUMMARY OF THE ITO CHARTER Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter I Chapter II Chapter III Chapter IV Chapter V Chapter VI Chapter VII Chapter VIII Chapter IX . . . . . . . . . . . . . .jectives... Employment and Econom . . . . . Economic Development. Commercial Policy. Tariffs, Preferences and Internal Taxation and Regulations... Quantitative Restrictions and Exchange Controls Subsidies. . State Trading . . . . General Commercial Provisions. . .. Special Provisions Restrictive Business Practices . . ... Inter-governmental Commodity Agreements . . . The International Trade Organization . . . . . . . . Settlement of Differences - Interpretation ral Provsions . . . . . . . . . . . . . . . . . Page (i) 1 2 4 9 10 13 17 19 20 21 23 25 31 34 35 E/CONF.2/INF. 8 Page 11 FOREWORD* The purpose of this information paper is to provide for the non- technical reader a summary of the Draft Charter for an International Trade Organization, submitted for the consideration of the World Conference on Trade and Employment, November 1947. This summary attempts to restate in simple terms the salient features of each Article of the Draft Charter. Short, informal and unofficial comments have been added where necessary in order to indicate the relationship between one part of the Charter and another or to suggest some of the factors which were taken into consideration by the members of the Preparatory Committee during the formulation of the Draft. It should be made clear that this summary does not claim to deal with every aspect of every Article of this highly complex document Further, the substance of the .footnotes, some of which have an important bearing on the interpretation of certain articles, has been largely omitted. For these and for the reservations which were made against certain Articles or sections of Articles by members of the Preparatory Committee, readers should consult the full text of the Draft Charter, as contained in the. Report of the Preparatory Committee of the United Meations Confference on Trade and Employment, which also contains, in the introduction, a brief historical background to the Draft Charter. ...... .>.... * Acknowledgment ndoendon to the Informal Commentary on the first (LoAoM draft, published by the Office of Public Affairs, Department of State, Washington, D.C., February 1947. /CEPTE I : E/CONF.2/INF . 8 Page 1 Purpose and Objectives (Article 1) sets out the Purpose and Objectives to which the members of ITO pledge themselves. After referring to the relevant Article of the United Nations. Charter (Article 55a) which enjoins the United Nations to promote "higher standards of living, full employment, and conditions of economic and social progress and development", the Chapter is completed by lifting six major objectives, which are to be achieved through creating the ITO. These are: .S .. xpanding[amdlAg bonomy, through assuring a largeiromg jrpigjaance an lrg uand steadily growing vode of real income enfective.demand, and by increasl1woduction, consumption and exchange of goods; 2. Industrial and egeneral economic devl opment, particularlyin "underdevelopee flow of capitd" countproductiveries, a capital for duc-ve dsi snt between nation~; .. . 4 - ¾ Access to ma rkets, productss a Produtive facilities, whih.are nee;p all cnt;ountries Cor heir prosperity and developme1t, 4. Reducti on of tariffs, trade barriers and eliminationofdiscriminatory treatment, sucias preferences, in international commerce; 5. a line countwries to abstain from restrictive practices, hich would sldruvt orld eomece, reduce erapio ymz2ow dmicprogress, by increasing the opportunities for their trade and development "on a mutually 2ctageous basis; 6. Sci of international trade problems, in the fieldsof empmentlqp mevtmic develop, ed nt,ercal policyybusinss practices and comndity policyomptionto, through "the ~ of mutual understanding, conaltation and co-operation". -objectives in h0 p~rpsie ve provide, t as iwea generalre, n.. ..ral pancamaefte scene.. Sucbsuent chapine in detail the economicters, examninptail thee onomic p3'iciplaesann objectivanesobjectives" rarebased,"" h the tbove"purposes zdd. Jt - r b jQd vich aaacognized by ITO member countries as v-lid /C., IJ E/CONF.2/INF.8 Page 2 CHAPTER II. Employment and Economic Activity Chapter II sets out six groups of prerequisits essentials, if the aims of ITO in lowering trade barriers and in increasiig the free flow of goods between countries are to be achieved. As in many other parts of the Charter, the aims set down in this Chapter can only be achieved when world commerce has returned to a relatively stable condition. The "disequilibrium" of today, such as balance of payments difficulties facing certain countries or the uneven spread of purchasing power between countries, will have to be at least partially resolved before the approach towards recognized economic ideals can be effectively tackled. But this does not mean that the aims set down in Chapter II and Chapter III are beyond possibility of achievement; on the contrary, the representatives of the countries which draftee the Charter looked forward to then as a practical probability, after the current period of unbalanced world trade and finance gives way to more normal conditions. The purpose of these Chapters is therefore, to set out certain long term aspects of economic stability as affecting both domestio conditions in individual countries and trade and commerce among countries as a whole. It may be added here that certain countries which were members of the Preparatory Committee felt strongly that the ITO aims of reducing barriers to trade on a significant world wide scale could not be achieved, except to the extent that the conditions outlined in these Chapters were wholly or partially fulfilled. Article 2, the Importance of Employment, Production and Demand in relation to the purposes of the Charter, provides first & statement that full employment (here described as the avoidance of unemployment or under-employment) is not only the domestic concern of each individual country, but is also essential from an international point of view if the Purposes and objectives of ITO, as outlined in Chapter I, are to be realized.. It is recognized that while full employment depends largely on action taken by each country in its domestic affairs, supplementary action by international agencies (under ECOSOC sponsorship) and by intergovernmental organizations should be taken, Further, if ITO members are to achieve their aims of full employment, they must regularly exchange information and views with the aid if necessary of ITO. In Article 3, Maintenance of Domestic Employment, ITO members are pledged to adopt whatever measures may be necessary "to achieve and maintain full and productive employment and large and steadily growing demand" in their territories, provided that these measures do not conflict with obligations in other parts of the Charter. The important proviso is /added that E/CONF.2/INF.8 Page. 3 added that Members should try to avoid measures which would create balance of payments difficulties for other countries. Article 4, Fair Labour Standards states the obligation upon all members to do everything possible to "eliminate substandard conditions of labour" and, if they are members of the International Labour Organization, to co-operate with the I.L.O. to make this effective. The- important factor of balance of payments between countries is . introduced into the Charter in Article 5, Removal of Maledjustments within the Balance of Payments. If an ITO member finds it cannot without resorting to trade restrictions maintain full employment owing to balance of payments difficulties involving other members, the member affected and the other member concerned are to take appropriate action to correct the situation, by methods which will, if possible, expand rather than contract international trade. Another aspect of unbalanced world trade is covered in Article. 7, Safeguards for Members subject to External Deflationary Pressure, which reminds the ITO that ITO members may need to take action, within the provisions of the Charter, to safeguard themselves against the threat of deflation, if there should be a "serious or abrupt decline in the effective demand of other countries". The need for the organized exchange of information between member countries (a mentioned in Article 2) and for organized consultation is set out in Article 6, Exchange of Information and Consultation. ITO members are to participate in arrangements made or sponsored by ECOSOC (a) for collecting information about domestic employment problems, including as far "as possible, information about national income, demand and balance of payments and (b) for consultation in the field of employment policies. If an urgent situation arises, ITO may itself initiate consultations to deal with the threat of declining employment, production or demand, thus avoiding possible delays in waiting for action through ECOSOC. ~~~~~~~~~~~HP - E/CONF.2/INF.8 Page 4 CHAPTER III Economic Development The subject of Economic Development, covered in Chapter III proved one of the most controversial both in principle and in detail during the discussions of the draft Charter, not least because the Chapter as a whole was regarded by many of the delegations formulating the Charter as one of the keys to the effectiveness of the Charter as a whole. The reasons, in general, for the prolonged discussions on this Chapter were the differences of views which exist as to what protective measures can be used to promote economic development in a country (and to approach nearer the ITO target of full employment and maxiimum production as expressed in Chapter I) and in what circumstances. A balance has had to be struck between, on the one hand, the promotion of economic development of undeveloped countries by the use of protective devices such as quantitative restrictions and, on the other hand, the reduction or elimination of barriers to world trade (in particular of quantitative restrictions) which is a fundamental objective of the Charter. It is universally agreed that the promotion of the economic development of undeveloped countries is a matter of first importance. If world trade is to be expanded, world economy - the products of industry and agriculture - has to expanded. But the direction in which expasnsion of world trade can most fruitfully take place is in the development of undeveloped countries, On the other hand if Iess developed countries are allowed the free use of protective devices for economic development, there is great danger that one of the fundamenta aims of the Charter in reducing or eliminating barriers to world trase, particularly in regard to quantitative restrictions, will be negative. ' .. - Quantitative r estrictions, which m=yegard as themost objeotionable formof protection'sncentey easnily lend themselves to discrimipaton, not nly tie up world trader'ih y trend .o subrdinate world t ade-to goveornment control and hence t national pol itics, On the other hand,there is no doubt that quantitative regulation is often the most effective device for the protection ofha new industrhy - more effective than a igh tariff, for example. A new industry, comparatively small in itself, may contribute only a very smaUlart of the total domestic consumption of the goods it producesw In these circuwill mstances, a high tariff penalize the domestic consumer of the p;duct, most of w,.hich has to be importedand will throw oa uniburden on the whole cmity for the sake of protecting one industry. The same objetons can be made against subsidies; a rich and highly developed'. country can afforunsubsidies, wheunas the undeveloped co!try, by its ma.t, less velltheippeo provide the efunds to make .th susidy effective E/CONF.2/INF.8 Page 5 effective. The Charter provides a compromise between the use of quantitative restrictions and the reduction of trade barriers. The imposition of quantitative restrictions will be subordinated to the jurisdiction of ITO and, except in emergencies, will not be embarked upon without full prior consultation, which would enable ITO to determine whether the objective should be sought through quantitative restrictions, whether possible injuries to other countries would outweigh the 'benefits to an undeveloped industry, and in particular whether the benefits could be obtained In some other way In other words, the judgment of ITO would not be concerned with whether the young industry concerned should be developed, but with what would be the least harmful method of protecting it in the interests of world trade as a whole. Chapter III opens with a general statement on the importance of Economic Development in Relation to the Purpose of the Charter (Article 8). All countries have a common interest in making the best use of the world's human and material resources. The industrial and general economic development (including reconstruction of industries) of all countries, "and particularly of those in which resources are as yet relatively undeveloped" will create new employment, expand trade, increase the level of real income and so on. ITO members are therefore - in Article 9, Development of Domestic Resources and Productivity - enjoined to develop (and where necessary, to reconstruct) their industries and other resources and to increase levels of output, without, however, transgressing any part of the code of the ITO Charter. There shall be Co-operation for Economic Development (Article 10) between ITO members, with ECOSOC, with ITO itself, and with appropriate inter- governmental agencies. The ITO is to be able to advise any member country on its plans for economic development or to procure technical assistance on terms to be agreed. Article 11, Means of promoting Economic Development, stipulates that no ITO member shall "impose unreasonable or unjustifiable impediments" which would prevent other members from obtaining the essentials which they may need for industrial and general economic development, such as capital funds, materials, modern equipment and technology, and technical and managerial skills. Nor shall ITO members in any way penalize the rights or interests of the nationals of other members in what they have contributed in enterprise, skills, capital, arts or technology. On measures desired to assure just and equitable treatment for contributions under these headings (including treatment of foreign investment) brought from one member country to another, ITO may make recommendations for and promote /international E/CONF.2/1NF.8 Page 6 international agreement. Article12 deals with the protection and fair treatment of International Investment for Economic Development, a subject which was considerably developed during the Geneva discussions. An important effect of the Article is to recognize the need for encouraging the flow of private capital which has largely dried up since the end of the war. The Article first establishes ~o .h war Th ril frtet an accepted principle that with appropriate safeguards including a safeguard hgagainsgnmti inter therenthje ce thro fore nvestment n internal domestic affairs of a country, international invest,ment, both public and private ctan be of great value in profig. conomic development and consequent social peogresse. WJia in mind, ITO mpmbrs agree to provide "the widest. opportunities for investment and, the greatest security for existing and future investmerts", within certain limitations specified in this Article. Subject to restrictions, imposed under the Articles of Agreement of the International Monetary Fund or to special exchange agreements entered into be twebeneen etheA ITO and an ITOmr, s intc rct icle states what i effetthe doctrine of moa favoured nation treatment applied to international. investment; namely that "no member shall impose, directly or indirectly, require mfents on the investmentso nationac ls of other members whohare appreciably more onerous than those which the member imposes in similar circumstances upon its own nationals or upon the nationals of third countries." ,Thus, for the first'imn'air treatment of in ternational investment-i brought within the control of an international agency. A further provisibnon states that ITO meers shall m"ake "Just compensation if the property in which a national of another member has an interest, is nationalized ora placed under public mnagement orm, occupation. (The te "Jst compensation" is discussed at length in a footnote to the draft Charter on page ). The article lists certain eventualities which shall not be regarded as in conflict with most favoured nation treatment for investments. These relate to (a) requirements in force at the time of making the investment osr at the time of any ubstantial addition to the investment or change in :the.atureef the business .b) measures to ensure participation by the nationals of the member in the expansion of any industry within its territories throughincreased investment and (c) measures to ensure the transfer of ownership of any investment from the nationals of any other member to the nationals of the member concerned. In Article lathe Charter deals with the important and controversial problem of Governmental Assistance to Economic Develoopment, and lays dwn dseries of detailded procedures uncr which a member country wanting to give /protection E/CONF.2/INF.8 Page 7 protection to its economic development can state its case, and under which the ITO can consider the request. The first paragraph of the article states .the problem in these words: "Members recognize that special government 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 may be justified." But it is recognized that such protection, if unwisely used, may burden the economy of the country concerned: it may place "unwarranted restrictions" on international trade; and it may add to the difficulties of other countries in Adjusting their economic problems. - If for the reasons stated above any ITO member country wishes to adopt a protective measure which would conflict with its obligations under Chapter IV of the ITO Charter (which sets out the principles of commerical policy accepted by ITO members) the following steps are to be taken. First, the member is to provide ITO with a statement justifying the proposed protection; secondly, the ITO is to send the statement to all members so that any member likely to be affected can send its views to ITO within a given time; thirdly, the ITO is to examine the proposal in all its aspects; fourthly, if ITO considers the proposed protective measures justifiable in principle, ITO is to sponsor negotiations between members with a view to obtaining their agreement. If, in examining the proposed protective measures ITO finds that the proposed measure is not likely to restrict international trade any more than any alternative practicable measures and that the proposed measure is the one most suitable for protecting the particular industry or branch of agriculture of the member concerned, the ITO is to agree to grant whatever release from Charter obligations are necessary to make the proposed protection effective. There is, however, a vital time factor, which may jeopardize the procedure outlined above. A country, which has made public its intention to impose protection in order to establish, develop or reconstruct certain industries or branches of agriculture, may be faced with increased imports, or a threatened increase, large enough in volume to throw out of gear its plans for adopting protective measures. In such circumstances (and if no other device permitted by the Charter seems likely to prove effective) the country in question may "adopt such other measures as the situation may require pending a determination by ITO", provided that these emergency measures do not reduce imports below the level prevailing immediately before the time when the country applied for ITO permission to adopt protective measures. /In view of E/CONF.2/INF.8 Page 8 In view of this vital time factor and the threat of dumping of imports during the "'waiting" period while the ITO procedure operates, the Charter gives the ITO a maximum of fifteen days (after receiving the member country's application) in which to notify the member of the target date by which ITO will allow or disallow the proposed protective measure. Article 14, Transitional Measures, provides for the continuing use of protective measures by ITO members during the transitional period immediately following the time when a member using these measures joins the ITO. The article (which deals with a short-term situation not precisely covered in the earlier drafts of the Charter) lays down a procedure by which a member using protective measures is to inform other members in detail about these measures and to provide them with full justification, and similarly to inform the ITO within one month of becoming a member. The ITO is then to examine each protective measure (under the procedure described in Article 13 above) and to give its decision in any event within twelve months. ITO is instructed, in specifying a date for modifying or withdrawing a protective measure to "have regard to the possible need of a member for a suitable period of time in which to make such modification or withdrawal". The Charter recognizes in Article 15, Preferential arrangements for-; Economic Development that two or more countries which are noto cntemplating a customs union, but which have related programs of economic development or reconstruction, may be justified in adopting new preferential arrangements. Insuch cases ITO may, after the usual notification and examination, grant exceptions to the ITO principles of fair and equal trading specified in Chapter IV. To ensure that such exceptions are not lightly accorded the applicant must win a two-thirds majori tyof the members in support of his application. /APTEE IV E/CONF.2/INF. 8 Page 9 CHAPTER IV Commercial Policy The twenty-seven Articles which comprise Chapter IV, under the general heading of Commercial Policy, undertake the enormous task of laying down a Code of conduct for members of the proposed ITO and relating the principles set out in the draft Charter to the multitudinous practices of commerce and trane as operating today amongst all countries from the largest to the smallest, in every quarter of the globe. In general terms, Chapter IV is concerned with the reduction or elimination of barriers, to international trade. and with stimulating international trade on a "multilateral" basis. The motives of Governments for imposing trade barriers, preferences, quotas, subsidies and so on, are well known and, in relation to their short term benefits, understandable. But it is generally agreed that the barriers Which grew, up between the two wars, particularly after the impact of the world depression in the early nineteen thirties, have had a cumulatively damaging effect on world trade. The intention of Chapter IV, insofar as it ocnerns removal or reduction of these barriers, is not hard to understsand. It is easy to see how (in the long run, and in a world of comparatively table producing, trading and monetary exchange conditions) buyers and sellers, producers and consumers wiill benefit everyhere from lowering tariffs and removing preferences or quotas. A freer movement of goods not only offers opportunities of selling more widely and buying more cheaply, it clears the way towards full employment and maximum production. The value of "multilateral" trading as opposed to "bilateral" trading which is fundamental to the ITO Commercial Policy set out in this Chapter may not be so easy to understand. Multilateral means many-sided. Most transactions of trade occur between two parties, the buyer and the seller; these transactions are two sided, or bilateral. In what sense, therefore, can trade be multilateral? Take the imaginary instance of countries Eastland, Westland, Northland and Southland. EastIand wishes to import bicycles, let us say, and Messrs, Smith, the importers, proceed to survey the market for bicycles, Messrs. Smith then buy from the country (Westland) which offers the best bicycles on the beat terms. It may be that Messrs. Smith buy bicycles of a second. quality from Northland and Southland as well. When the bicycles arrive in Eastland, Messrs. Smith put them on sale at a fair price, knowing that other importers can purchase in the world market and offer competitive prices. When Messrs. Smith settle their bill with the exporters in Westland, Northland and Southland, they do not insist that these exporters buy an equivalent amount of goods from Eastland. Messrs, Smith pay in cash, which the exporters in Westland, Northland and Southland can use to /pay their E/CONF.2/INF.8 Page10 pay their employees, or to buy the goods they need from other countries, or for any purpose that suits them. This fIow of purchasing power, as set out in this highly simplified example, provided in effect a series of bilateral transactions. But in fact the Picture as a whole is of multilateral trading in ideal conditions. Such conditions very rarely exist in tie trading world of today. The obstacles are numerous and formidable; Eastland may allow only so many bicycles to be imported per year (to protect her bicycle industry) or she may give preference to bicycles imported from Northland (perhaps for Political reasons) or she may be unable to pay for Westland's bicycles except in a currency which Westland cannot use to buy imports she needs from Northland and Southland; or Eastland may only be able to pay in goods of a kind which are not wanted by westland or are too expensive to import. It might also be that Eastland, a fully developed country with a . high standard of living, makes bicycles for home consumption and for export while Westland with but a few new industries and a large amount of cheap labour can produce bicycles far more cheaply and thus threaten to undercut Eastlend in her home and overseas markets. Such are the kinds of obstacles to multilateral trading today which encourage bilateral trading between countries, but which if not diminished will continue to hinder the achievement of full production and full employment. Admittedly, multilateral international trade, free of all hindrance, is an ideal conception. But there is no doubt that substantial progress can be made towards conditions of multilateral trade. That is the purpose of the ITO Charter. Tariffs, Preferences and Intenal Taxaton and Regulationseulrtinns Article 16, General Most-favoured Nation Treatment, states the principle of equal treatment which is fundamental to multilateral trade- relations. This article provides, as it were, the pivot on which much of the doctrine of the draft Charter is balanced. According to the terms of th"e Article any avantage, favour, privilege or immunity granted by any ITO member to any product originating in or destined for any other country shall be accorded immediately and unconditionally to the like product originating in or destined for all other member countries respectively." In other words, whatever benefit a member country extends to trade with any other member with regard to tariff rates, customs treatment and related matters must immediately be extended to its trade with all member countries. The effect of this provision would be to put all member countries on an even footing; they reciprocally pledge not to make exclusive ccncessions that benefit one member country only at the expense of another. /Some countries, E/CONF.2/INF.8 Page 11 Some countries, however, already have arrangements whereby they allow Imports from certain sources to enter at rates of duty which are lower than their general, or most-favoured-nation rates. The difference between the lower, or preferential rate and most-favoured.-nation rate is known as the "margin of preference" and is dealt with under Article 17. Article 16 provides an exception to General Most-favoured Nation Treatment, for preferences remaining within certain preferential systems after negotiation; The margins of preference remaining are not thereafter to be increased. These preferential systems are listed in Annexee at the end of the draft Charter, and cover (a) the "British-Commonwealth-Colorial" territories, (b) the French union, (c) the Belgian-Netherlands-Luxembourgs "Benelux" territories, (d) the United States and its dependent territories and Cuba and the Philippines; (e) Chile, Argentina, Bolivia and Peru respectively and (f) the Syro-Lebanese Customs Union and Palestine and Transjordan respectively. After stating the principle of most-favoured-nation treatment, the Charter proceeds to deal in Article 17 with the practical obligations upon ITO members for the Reduction of Tariffs and Elimination of Preferences, which is one of the objectives of the ITO. This Article must be read against the background of the tariff reduction negotiations (sponsored ",he tariff r.'laZ A 'a.tirn's sponsoreded by thacountries which was members of the ITO Preparatory Committee) which have been in progoress at -s-ic* Snce April 1947. Article 17 dcs not set out detautiei'lciEjo govethe tarec -vel of datsesth mount d. by hiihch t3 zhc4?.o . ov ionof each member "upon the request of the ITO, to enter into and carry out with other members, as specified by the ITO, otiationsneg direectd to the substantial reduction of tariffs and other i impoon rts and exports and to teliminationhe ofeferences pr o mutually n a advantageous basis. It will be noticed that in addition to tariffs ande prferences, there is an Obligation to reduce other charges on exports and impo;rts these might apply in the particular case of a duty on exports of rawt miaerals for the Purpose of enrcgouaing their processing at home, thus in effect setting up a protected industry. Article 17 provides that whenever a general tariff rate is reduced in. the negotiations, this will automatically reduce or eliminate any margin Of preference that exists on imports of thiosu prdct. Further, when a Preferential rate is reduced in the negotiations, the general tariff rate shall be reduced to the same extent. Tariff levels vary from country to country, and a given country may hav igh protective tariffs on certain products and low tariffs, or no tariffs at all, on other products. Accordingly, under the ITO rules for /negotiation, the E/CONF.2/INF.8 Page 12 negotiation, the binding of low tariffs or of duty free treatment will be considered as a concession equivalent in value to the substantial reduction of high tariffs or the elimination of tariff preferences. Article 17 concludes with a punishment" clause. If any ITO member considers that any other member has failed to carry out its obligations to negotiate for the reduction of tariffs and elimination of preferences, it may refer the case to ITO. If ITO agrees that the member has failed to carry out negotiations within a reasonable time, ITO may authorize any member or members to withhold from the offender any of the tariff benefits._ Previously negotiated, with that member,f Isuch benefits are in fact withheld the offending member is free to quit ITO on due notice. "Most-favoured-nation treatment" assur es equality among all trading countries. "National treatment" assures foreigond gos treatment equal to that accorded to domestic products. Article 18, National Treatment on Internal Taxatiandon Regulation, provides. that ITO member countries will grant "national treatment" to the products of other members with reference to taxation and domestic regulations. The products of any member ncrouty imported, into any other member country will, not be subject to higher taxes or other less favourablree tatment than domestic products of the sasme ort. The importance of this stipulation is that it will prevent the use of such taxes or regulations to frustrate tariff reductions. "National treatment" will also be accorded on laws and regulations governing sale, Purch,ase transportation, distribution or use of imported products. There are similar provisions relating to ,ixthmture, processing or use of products. These would prevent a member country from stipulating, for instance, that a gnbiv percentage of flour milled in its territory should consist of domestic wheat, and thus imposing a "hidden" form of protection. Again, members agree not to restrict mixing or processing by imposing restrictions such as higher taxation, on imported products oin rder to protect domestic production of competitive products. By putting a special tax ion mported cotton, for instance, a country might be protecting its domestic rayon industry. In the earlier drafts of the Charter, the special case of applying "national treatment" to the exhibition of cinematograph films was included in the scope of Article 18. A new article in the Geneva draft, Article 19, Special Provisions Relating to Cinematograph Films, permits, ; SubJct to certain conditions, an exception to most-faioured-nation treatment, by the use of screen quotas to protect national film industries, A member country may reserve minimum screen time for the shg of oilwi.nfm O national origin. Screen time outside this reservation is to be allocated freely among sources of supply. Existiscrng een quotas imposing a minum proportion of screen time for foreign films are permitted but /may not be E/CONF.2/INF.8 Page 13 may not be increased above the level in effect on 10 April 1947. All screen quotas are to be open to negotiation for limitation, or elimination, in the same way as the negotiations on other products described in Chapter 17. - Quantitative Restrictions A tariff, however high, is not an absolute barrier to the movement of goods, since an exporting country by increasing its industrial efficiency and reducing its production costs may surmount a, tariff wall. An import quota sets an absolute limit on the entry of the goods to which. it relates. It is a mijor feature of the ITO Charter that it prescribes a general ban on quotas and other quantitative import and export controls. The Chartar recognizes that measures which restrict absolutely the quantity of goods that may be imported burden trade and create artificial: prices, and markets in the importing countries. They interfere with trade-and the free choice of the consumer far more than tariffs, which are a type of tax on commodities. Furthermore, the allocation of shares in import quotas among supplying countries tends to produce discrimination. Similarly, export quotas shut off supplies from countries willing to purchase them and-may also lead to discrimination. At the same time, the Charter recognizes that in certain circumstances the use of qjuotas is ustified. The situations in which quotas of certain types may be. Justified are set out in Articles 20 to 24 inclusive. The first of these deals with agricultural quotas. .Article 20 lays down the ITO principle of General Elimination of Quantitative Restrictions, and makes exceptions for (a) a country with a critical shortage of foodstuffs which may need to impose temporary export restrictions, (b) restrictions necessary for grading or classifying imports or exports. This would allow a country specializing in a high grade of a Particular export commodity to restrict poor quality exports, (c) agricultural quotas, which have been established in many countries Par ticularlysince the depression of the nineteen thirties. Restrictions on imports of agricultural items have been and are today largely intended to protect the home farmer from foreign competition and to enable him to sell his produce at a remunerative price. The draft Charter owancemakes all for agricultural import quotas to be maintained in the follow in1g case-() when there are existing government restrictions on the amount of domestic agricultural prodwucts alloed to be produced O marketed and (2) when-there are government measures designed to remove a temporary surplus of the product concerned. The Charter lays down that any member imposing agricultural quotas, under the above - exceptions, must publish the total quantity or value of the product /allowed to be E/CONF.2/INF.8 Page 14 allowed to be imported during a given period. It is also laid down that existing agricultural quotas must not in effect reduce the proportion of total imports to domestic production below the proportion that might reasonably be expected in the absence of restrictions. The second type of permissible quota, which the draft Charter allows for, arises from balance of payments difficulties. When a country has trouble over a period of time in earning enough current foreign exchange to pay for all its imports, and must use up its capital or borrow for current use, it is said to have a disequilibrium in its balance of payments; that is, the account of its transactions with the rest of the world. The country is living beyond its means and either draining its resources ore o- dingdobmorrwed funds., Acountry in such circumstances has to give Priority to certain imports (e.g. essential imports such as foods) as against other less essential imports. This can be observed in the current practices of the United Kingdom and Fr nce, both of which are in serious balance of payments difficulties today. The bill for foreign products imported is reduced so that it can be met to a greater extent out of current earnings. Quotas have been widely used for this purpose and thero Charter recognizes their validitiy n these exceptional circumsnce, but,u QwitoBimport quotas for agiculrtral products, sets out rules for -tei r use. Article 21, Restrictions to safeguard the balance of payments, recognizes that a member country in balance of payments difficulties may use quantitaovie estrictions rto the extent necessary to "forestall the imminent threat o,f or ot stop, a serious decline in its monetary . reserves,., o in the case of a country with very lotary reserves,wmone reseed, to achieve a reasonable rate of increase in its untriesreserves". Coritunte which use quantitative restrictions for thegse pureposes mast proressivly relax them as conditions improve and must elimiare nonate them when they rgare longer justifiable. The ITO Chamrter recognizes lythat all embers are like e aced with a variety of economic problems in the years immediately folllowing e r and. tht members may have to ctionspmopmsuse import restcpio during this periodt help restore their batialance of payments situ t.' ;ilo recognized that, in order to foculfcil the basic e:onom aimsof ITO (full employment, full producti on, reconstructiona d, development of industrial and other resources) - a member country may need to import a substantial amount of capital equipment. In such , cirumstancea oun would be anllowed tn use quaatitatie restrictions to give priority to imports essentially nee ded t o fulfil theaboveaims. Thismeans the a country may budget limited fgoeignrthe use of it leinedforpig excha, i._ hat it would be used for example, for food or. fo machinery - /or for rehabilitation E/CONF.2/INF.8 Page 15 or for rehabilitation supplies, rather than for, say, luxury goods. Restrictions on any class of imports must not, however, be raised to the point of total exclusion Token imports are to be permitted so as to keep open trade channels, to preserve goodwill and trade names and so forth. Member countries applying these restrictions must avoid unnecessary damage to the commercial interests of other members. The ITO is to be the forum for discussion of import restrictions designed to safeguard balance of payments. Any member country considering the need for quantitative restrictions owing to balance of payments difficulties is to consult with ITO as to the nature of its difficulties, the available means for solving those difficulties and the effect of the proposed restrictions on the trade of other members. The ITO may require a member country maintaining existing restrictions for balance of payments purposes to consult with It, and if substantially intentifying, such restrictions, to consult within thirty days. Within two year from its establiehment, ITO is to review all existing restrictions for balance of payments purposes. If ITO has approved in advance a member country's use of restrictions for balance of payments reason, insofar as the general extent, degree,. of intensity and duration of restrictions are concerned, the right to impose such restrictions may not be challenged by another member. But, if another member considers that the country is using the restrictions for other reasons than balance of payments difficulties and is thereby damaging its trade, the ITO is if it considers the complement justified, to negotiate a settlement. If this proves impossibe, ITO is to recommend the member country using the restrictions to modify them. If the member country does not comply within sixty days, ITO may release any member country from its obligations under ITO towards the member country applying the restrictions. It is recognized that trade or financial speculation might arise from premature disclosure about imposing or withdrawing import restrictions which are related to balance of payments difficulties. ITO is therefore Instructed to conduct its relevant consultations in utmost secrecy. If there is widespread use of quantitative restrictions, which would indicate - that a "general disequilibrium" is restricting international trade, ITO is to, initiate discussions to see whether there are any alternative measures that might He taken by countries with either favourable or unfavourable balance of payments or by any other intergovernmental agency, to remove the underlying causes of the disequilibrium. /Since the Charter E/CONF.2/INF.8 Page 16 Since the Charter does provide exceptions to the general prohibition on the use of quantitative restrictions, there is need for general rules governing the administration of such restrictions as may be permitted. The basic rule provided in Article 22, Non-Discriminatory Administration of Quantitative Restrictions, is that restrictions should be administered so as to ensure fair treatment for the products of all member countries affected by them. In applying import restrictions to any product member countries should aim at a distribution of trade in that product approaching as closely as possible to the shares which other members might be expected to obtain if there were no restrictions, Wherever possible the amount of permitted quotas shall be fixed and made known. Where quotas are not practicable, import licences or permits without a quota may be used. lf neither the quota nor import licence systems are feasible, the member may allocate shares of imports of a product amongst the various supplying countries, after obtaining agreement on the proportion to come from each main supplying country, or on the basis of a past representative period, Members employing a system of import licences must supply adequate information about their administration of the restrictions to any member requesting it. In the case of quotas, the total amount permitted to be exported during a given period must be published. All other members who are interested as potential suppliers must be informed about quotas allocated amongst supplying countries. lt is recognized however in Atticle 23, exceptions to the Rule of Non-Discrimination that the rule of non-discrimination, as stated in Article 22, could not and should not be rigidly applied during periods of substantial and widespread disequilibrium in international trade and payments, provided that certain specified conditions relating to prices, currency and unnecessary damage to the trade of other members are observed, and provided that ITO is kept fully informed. Any member maintaining or proposing to institute discriminatory quantitative restrictions must seek ITO approval before 1 March 1952. After that date, ITO approval that circumstances justify the continuation of such restrictions must be sought. In 1952 and in each year following (while members continue to impose discriminatory restrictions) ITO is to decide whether the disequilibrium-still exists and whether it justifies the receptions permitted under this Article. When ITO determines that there is no longer a disequilibrium, member countries will no longer be allowed to impose discriminatory restrictions, which must cease within six.months. Departures from the rule of non-discrimination are also permitted. (a) to anable a group of territories with a common quota in the- /International Monetary Fund E/CONF.2/INF. 8 Page 17 International Monetary Fund to protect their monetary reserves (b) to enable member countries until the end. of 1951, to assist countries whose economies have been disrupted by war. Exchange Controls Exchange controls permit Sovernments to limit the amount of foreign exchange which may be used for any purpose. They can, therefore, become powerful weapons for the control and direction of trade. When so used-. they are similar in effect to quantitative trade restrictions. In theory, exchaencontrolsg can direct trade by prescribing the amount that may be spent for. particular imports, while quantitative restrictions regulate the actual import .of goods, rather than the outgoing paymen.ts In practice the two methods are often used in combination. Therefore if ITO ignored exchange arrangements there could be a serious gap in the Chart.er The International Monetary Fund is concerned with the stability of international exchange rates and the regulation of the use of exchange controls in current transactions. Insofar as they overlap, its objectives ares.esentially those of the ITO. Obviously, close co-operation between the ITO and the Fund on matters of common concern is essenti.al Article 24, Exchange Arrangements provides the working basis between ITO and the Fdoiu ndealing with exchange questions within the jurisdiction of theu Fnd and questions of quantitative restrictions within the orbit ofITO. ITO is to consulft ully with the Fund on problems concerning monetary reserves, balance of payments or foreign exchange arrangements. Subject to an agreement tobe worked out between ITO and the Fund, ITO is to accept the factual findings of the Fund in these matters and to accept the determination of the Fund in what constitutes a serious decline in or a reasonable rate of increase in a meermb's monetary reserves. Arrangements are la iddown for dealing with the case of n ITO member which is not a member of the Fund and vice versa, and for the use by an ITO member of exchange controls in accordance with the. Articles of Agreement of the International Monetary Fund. Members of ITO agreehe ty will not use exchange action to frustrate the purposes of ITO and conversely will not use quantitative restrictions to frustrate the. purposes of the Fund. - Subsidies Government payments to producers, and other forms of subsidies by their effect on prices and production, may have a distinct bearing on- international trade. The draft Charter distinguishes two main types of subsidy; those operating t o increaseexports or to redu,ce imports and other types, Under Article 25, Subsidies in General, any member using the first of the above types of subsidy will give ITO full information about the extent, nature, estimated effect of and reason for the subsidy. /If the trade E/CONF.2/INF.8 Page 18 If the trade of any other member is threatened, the country using the subsidy agrees to discuss the possibility of limiting it. Article 26, Additional Provisions on Export Subsidies, ITO members agree not to grant any subsidy on a product which would result in lowering the export price for that product below the prevailing domestic price. This - the abandonment of export subsidies as a general policy - is to take place as soon as possible, but in any event not later than two years after the ITO Charter comes into force. If a member is unable to drop export subsidies for any particular product within the time limit, it can ask the ITO for an extension. The final decision rests with ITO. The Article provides for the special case of a member country subsidizing exports to offset a subsidy by a non-member which is itself designed to affect the member country's exports of a particular product. Some countries have adopted devices for the stabilization of the domestic prices of certain primary commodities so that the price at which the product is sold on the domestic market remains relatively constant, even though the price at which it is exported may fluctuate widely. Article 24, Special Treatment of Primary Commodities provides that ITO may decide that such a system does not constitute an export subsidy if it results in exports at higher prices than domestic prices and if it is operated so as not to stimulate exports or damage the interests of other members. There is an exception to the rule against export subsidies relating to intergovernmental Commodity Agreements (Chapter VI) and in particular to excessive world surpluses of primary products, such as unprocessed agricultural products. In the past, countries have used export subsidies as a means of getting rid of such "burdensome" surpluses. If the measures proposed in Chapter VI for dealing with such surpluses fail or do not promise to succeed and the surplus continues, the member country having the surplus would be free to use subsidies to get rid of the surplus, and the ITO is to grant permission to use subsidies for this purpose for as long and within such limits as it may determine. It is Provided, however, in Article 28, Undertaking Regarding Stimulation of Exports, that a country shall not use export subsidies to gain a larger share of world trade in a particular product than it had in a previous representative period. A member country may choose its own representative period but must be willing to discuss its choice if requested by another member, Article 29, Procedure, confirms that all determinations concerning subsidies are to be made through the ITO by consultation of member countries substantially interested in the product concerned. /State Trading E./C0NF.2/INF.8 Page 19 State Trading Many governments today are participating directly in foreign trade. Some, have a complete government monopoly of foreign trade. Others have a monopoly of trade in a particular product. Certain countries, for instance, have long had a monopoly on such things as tobacco, salt and. matches, largely for revenue purposes. Certain countries undertake to import, under government control, the whole amount of a given raw material, such as cotton, required for domestic manufacture. A government may also own an enterprise which engages in foreign trade side by side with normal privately owned trade. Special problems arise from trying to fit these state trading techniques into, the multilateral pattern, foreseen in the Charter. A state trading body can, restrict or expand trade and can discriminate between countries without using quotas or exchange controls. It needs no export subsidies to sell more cheaply abroad than at home. State trading bodies tend to be more susceptible to political considerations in buying and selling than are private businesses. The purposes of the section of the draft Charter on state trading - Articles 30 and 31 - is to establish rules for state trading activities that will produce, as nearly as possible, the same effect as the rules in other parts of the Charter applying to private trade and to lay down the principle that state trading enterprises shall be guided by commercial considerations in making their purchases and sales. The key to the approach is given in Article 30, Non-discriminatory treatment, which provides that state trading enterprises should be conducted along normal commrcial lines, buying and selling freely in accordance with customary business practice and allowing the enterprises of other member countries to compete for participation in their trade. The general rules of most-favoured-nation treatment and. non-discrimination are to be applied. It may be noted that Article 30, in its phrasing, applies not only to state enterprises, but to the somewhat wider granting of "exclusive or special privileges formally or ine effect to any enterprise". A footnote to the article makes it clear that Marketing Boards engaged in purchasing or selling are subject to the rules governing state trading. Article 31, Expansion of trade, provides a formula to bring state trading enterprises within the scope of the negotiations for reduction of preferences envisaged, in Article 17. By this means export monopolies and import monopolies on, any particular product would become open to negotiation as regards the degree of protection they might give to domestic producers and to domestic consumers, respectively. In the the ocase.f an impomopoly,otpol he member country maintaining the monopo y istot neg oiatefor the establishment of a maximum import duty /on the product E/CONF.2/INF.8 Page 20 on the product concerned; or, if there is no negotiation, to publish the maximum duty to be applied. The price at which the product is sold in the home market is not to exceed the landed cost plus the maximum import duty after allowance has been made for internal taxes, transportation, costs and a reasonable margin of profit. A state trading enterprise could defeat one of the main purposes of the Charter by simply refusing to buy or sell. Therefore the Charter provides that any import monopoly must "import and. offer for sale such quantities of the product as will be sufficient to satisfy the full domestic demand", allowance being made for any consumer rationing that may be in force. It is recognized that some countries have established monopolies mainly for social, cultural, humanitarian or revenue purposes and ITO, in applying this article, is to have due regard for them. General Commercial Provisions Articles 32 to 39 inclusive have been called the "technical articles". Their general purpose is to fit into the framework of the Charter the normal processes involved in sending goods from one country to another. These are, in short, Transit (the route along which the goods are sent) customs. administration, importing and exporting formalities, marks of origin, trade regulations aid terminology. The section also deals with anti -dumping duties and boycotts. The importance of this Section in relation to the Charter as a whole is that. it-deals with the possible misuse of normal formalities which might be employed to "covert! discrimination against the goods of particular countries or to slow up trade as a whole. Customs formalities and related practices have in fact been termed the "invisible tariff" - Article 32, reedom of Transit is intended to assure the maximum freedom of transit for goods and the avoidance of unnecessary charges. Members are to grant most-favoured-nation treatment to goods of other: members passing through their territories. There is to be no discrimination against imported which have passed through one member country rather than t.hrough another Thus a country casnnot penalize hipments by certain trade routes, whether to favour another route or to discriminate against the country through which the goods have passed. Anti-dumping and Countervailing Duties are special charges added to the existing tariff rate when the importing country wishes to counteract the effects of dumping and of subsidies respectively. Article 33 sets out the conditions under which these measures may be applied so as to avoid their being used indiscriminately or for ulterior purposes. Anti-dumping duties are to be limited to an amount equal to the margin of dumping on, the product in question The Article sets out three ways of measuring the margin - a point which has proved controversial in the past. /Similarly, E/CONF.2/INF.8 Page 21 Similarly, countervailing duties are to be limited to amounts equal to the estimated subsidy on production or export granted in the exporting or producing country. A member country will not make use of anti-dumping or countervailing duties on products of other members unless there is injury --or threat of injury to an established domestic industry from the dumping or subsidization, or to the establishment of a domestic industry. Article 34, Valuations for Customs Purposes. Article 35, Formalities connected with Importation and Exportation, Article 36, Marks of Origin, Article 37, Publication and Administration of Trade Regulations, Article 38, Information, Statistics and Trade Terminology, are a series of technical provisions designed, as a whole, to simplify and codify a variety of normal trade practices, and to provide ITO with all the information that may be needed on laws, regulations, decisions, rulings and agreements affecting international trade policy, as well as essential statistical information and to be of general advantage to commercial interests. Boycotts, which may or may not have a political purpose, are a psychological factor which can seriously interfere with trade, Article 39, Boycotts, states that no member country will encourage, support or participate in boycotts designed to discourage the consumption of products of any other member countries. Special Provisions The draft Charter is intended to be fully comprehensive within the scope of world trade. It carries provisions to cover almost all types of existing "practices and for such likely future developments as its drafters could foresee and could reduce to practical terms. But world trade conditions can change rapidly in such a way as to influence the intended effects of the Charter. Article 40, Emergency Action on Imports of Particular Products provides for a situation of this kind. If, as a result of unforeseen developments, a member country should find that unexpectedly large imports (resulting from a preference concession it has made) were causing or threatening serious damage to its domestic producers, the member can modify or withdraw its concession. Before the concession is modified or withdrawn, consultation is required with ITO and with members whose exports will be affected. But in critical circumstances, where delay would cause damage which it would be difficult to repair, action can precede consultation. If no agreement is reached, the member whose interests are being damaged, is free to take action, other interested members being allowed to withhold equivalent obligations or concessions under the Charter. Article 41, Consultation provides that a member country must give adequate opportunity for consultations on matters raised by another member, /affecting customs E/CONF.2/INF.8 Page 22 affecting customs regulations, anti-dumping and countervailing duties, exchange regulations, subsidies, state trading operations, sanitary laws and generally all matters concerning the operation of Chapter IV. Article 42, Territorial Application of Chapter V makes it clear that the obligations of the Charter apply to countries which are separate customs territories, although they may have common sovereignty. On the question of territories associated in a customs union, the provisions of Chapter V are not to be construed to prevent the formation of a union, provided that the union does not impose more restrictive duties, regulations or margins of preferences than those applied previously in the territories which make up the union. The ITO will study proposals for new customs unions and make recommendations. Such proposals must include a definite plan for bringing the customs union into existence within a reasonable length of time. Article 43, General exceptions to Chapter IV excludes certain kinds of action from the provisions of the Chapter. (An article of this type is very often included. in trade agreements). Protection of public morals, health, laws and regulations governing patents, trade marks and copyrights, national treasures are recognized as a matter for national action by members. The import and export of gold and silver, the products of prison labour and the conservation of natural resource, also fall in this category ' There is also a permitted exception for members which wish to adopt quantitative restrictions relating to the immediate postwar transitional period, for dealing with shortages, surpluses, upset prices and the like. Restrictions are also permitted to make possible an equitable distribution of acarce Products in the immediate postwar period. Measures of this kind which are against the general purpose of the Charter, must be removed as soon as they have served their purpose and in any case not later than- January, 1951, unless ITO authorizes an extension. - /H V E/CONF.2/INF.8 Page 23 CHAPTER V Restrictive Business Practices Restrictions imposed by Governments are only one type of barrier to trade; there are also barriers imposed by commercial enterprises. There would be little point in reducing a tariff rate or eliminating quantitative restrictions imposed by Governments if their place were taken by arrangements between business agencies to restrict or distort trade in a way such that very much the same result would be attained. It is a well known fact that, in seeking to avoid competition, reduce risks, and generally to secure stable conditions for their trade, commercial enterprises, both private and public, sometimes enter into cartels or make similar types of arrangements to restrict production, allocate markets, fix prices and otherwise restrain trade. The effect of such action is to hinder the free flow of goods, to interfere with the efficient use of the world's economic resources and to negative the aims and objectives of the ITO Charter. -Chapter V declares the opposition of ITO members to such restrictive business practices in international trade and pledges each member country to take action against them whenever they have harmful effects on the objectives of ITO. The provisions of this Chapter, incidentally, provide a good example of the interdependence between one part of the Charter and another. Chapter IV dealt with the elimination of trade barriers imposed by Governments. The purpose of Chapter TV could be frustrated by the imposing of trade barriers by commercial enterprises, which are therefore brought within the scope of ITO. The core of Chapter V is in Article 44, General Policy Towards Restrictive Business Practices. It declares that each Member country will take appropriate measures to prevent business practices, whether by private or public commercial enterprises, which restrain competition, limit access to markets, or foster monopolistic control, restrict production or trade, or interfere with the achievements of ITO objectives as set out in Article 1. The ITO is to investigate complaints concerning such commercial practices as price fixing, territorial exclusion, discrimination, production quotas, technological restrictions, misuse of patents, trademarks or copyrights. The Procedure With Respect to Investigations and Consultations, to be followed by ITO is set out in Article 45. After receiving a complaint from a Member and initiating consultation, ITO is to decide whether an investigation is justified. If an investigation is held and ITO decides that the practice complained of is restrictive (under the criteria laid down in Article 44) ITO will instruct each Member concerned to take every possible remedial action. ITO is to publish a full account of the /decisions E/CONF.2/INF.8 Page 24 decisions reached and the reasons for them and the result of the remedial action. It may be noted that ITO will not have police powers in the field of restrictive business practices. Its recommendations will be carried out by Members. Nor is the ITO empowered to interfere with the action of a Member country in enforcing its own laws against restrictive practices. Article 46 authorizes ITO to conduct Studies Relative to Restrictive Business Practices. Under Article 47, Obligations of Members, each Member country-must take all possible measures to ensure that private and public commercial enterprises do not engage in restrictive business practices and 'must' be willing to provide ITO with all the information it may need for investigating complaints. Information may only be withheld if it would substantially damage the legitimate business interests of a commercial enterprise. Article 48, Supplementary Enforcement Arrangements, states that members may co-operate with one another to enforce orders that one, of them 'has issued against restrictive practices. If they do so, they must keep ITO informed. Article 49, Demestic Measures Against Restrictive Business Practices, confirms that nothing shall prevent any Member frpm enforcing its own laws directed, towards preventing monopoly. or restraint of trade. Article 50, Procedure With Respect to Services brings certain, services such as Transportation, Telecommunications, Insurance and Banking, within the scope of ITO policy towards restrictive business practices. It provides that complaints may first be circulated amongst the members concerned. If no adjustment can be effected, and if the complaint is referred to the ITO it should be transferred to the appropriate intergovernmental agency. If no such agency exists for dealing with the particular service involved in the complaint, ITO may be asked to make recommendations on the matter so far as it comes within the scope of the Charter. Article 51, Exceptions to the Provisions of this Chapter, states that if commodity agreements between governments meet the requirements of Chapter VI they are not subject to the provisions of this Chapter. Similarly, bilateral agreements between governments concerning the buying or selling of commodities subject to state trading are exempt. /CHAPTER VI. E/CONF.2/INF.8 Page 25 CHAPTER VI Intergovernmental Cosmodity Agreements Arrangements between governments as well as private business practices must be limited in their restrictive influence on trade if the objectives of ITO are to be achieved. Chapter VI provides safeguards for this purpose by limiting the use of intergovernmental arrangements to certain conditions in which they are justified and establishing principles to which they must conform. Both large surpluses and acute shortages of certain basic agricultural products and other raw materials gave much trouble during the inter-war period., Prices fluctuated widely and wildly. This irragularity did much to harm the worlds economic advancement. In an affort to achieve stability, producers with the aid of governments, organized groups to restrict production, hold up prices and regulate international marketing. Even when these schemes were effective, the interests of consuming countries were largely neglected, Experience has shown that adequate consumption and nutrition standards cannot be achieved merely by increasing production; a satisfactory flow of goods from one country to another is also necessary. Independent action to remedy the difficulties of the producers of a particular commodity may have adverse reper repereuseious on the international trade position of other countries. This Chapter of the Charter is therefore largely designed to prevent one country making arrangements to improve its individual position at the expense of others. Chapter VI deals with the problem of regulating production, trade and prices in individual primary commodities when they are in burdensome surplus. A burdensome surplus may be said to exist when the supply of a commodity so much exceeds the demand for it that the price falls to a level which is relatively unrewarding to producers; small producers, in particular, may experience widespread distress. In such cases - and where there is no likelihood of an adjustment taking place in the near future - a solution may be sought in intergovernmental agreements. The basis of the procedures established by ITO is that there should be careful examination of all aspects of a commodity problem before action is taken. Agreements of a restrictive nature are only to be used in certain unavoidable circumstances; the general need for increasing consumption of primary products is of first importance. Such agreements should aim to stabilize the prices. of primary commodities at a level which will be fair both to efficient producers and to consumers. Guiding principles for the administering of agreements are laid down. However, no attempt is made to administering of agreements are laid down. However, no attempt is made to /lay down E/CONF.2/INF.8 Page 26 lay down the particular methods to be used in dealing with difficulties concerning specific commodities, since this is better left to be worked out amongst the countries specially concerned with the commodities in question. Articles 52, 53 and 54 deal with Introductory Considerations of a general nature which are partially summarized in the above paragraphs. Article 52 sets out the Difficulties relating to Primary Commodities, the tendency towards persistent disequilibrium between production and consumption, the accumulation of burdensome stocks and pronounced fluctuation in prices. These difficulties may have serious, harmful effects on the interests both of producers and of consumers and they may result in jeopardizing the general economic expansion for seen under the Charter. For these reasons ITO members recognize that certain types of intergovernmental agreement designed to limit or control production of primary products may be necessary. Article 53 provides a definition of what is meant by Primary and Related Commodities, with reference to the purpose of this Chapter of the Charter. The Objectives of Intergovernmental Commodity Agreements are set out in Article 54, ITO members recognize that Commodity Control Agreements may be used (a) to prevent or alleviate serious economic difficulties arising when the normal processes of buying and selling cannot cope with "adjustments between production and consumption", or in other ords, overproduction or underconsumption; (b) to provide a breathing space for considering methods which might relieve the situation, such as increasing consumption of the product which is in surplus supply, or moving manpower out of the over-expanded industry into new, productive occupation. (c) to stabilize prices of a primary commodity on the basis of fairness to consumers and, at the same time, to efficient producers; (d) to develop the world's natural resources and to protect them from unnecessary exhaustion; (e) to help expand the production of a primary commodity which would be to the advantage of consumers and producers; (f) to ensure fair distribution of primary commodities which are in short supply. One of the basic principles of this Chapter is that proper re-examination shall be made of the production, consumption and trade situation of any commodity before a conference is called for the purpose of /considering E/CONF.2/INF.8 Page 27 considering an international agreement. A conference without sufficient preparation is not likely to be successful The procedure for dealing with the special problems arising from the production of primary commodities is divided into three stages: study groups, commodity conferences and commodity arrangements or agreements. The administering of an agreement would constitute a fourth stage. Under Article 55, Commodity Studies, when a member country believes that serious difficulties exist or are likely to arise soon regarding a commodity in which it has an important producing, consuming or trade interest, it may ask ITO to make a study of the commodity. If ITO considers the member's request well founded, it will set up a Study Group for this purpose. The member countries principally interested in the commodity will be invited to appoint representatives to the Study Group. Non-members may also be invited. The Study Group is to report to the participating Governments and to ITO on how best to deal with the difficulties in question. Although the aim is to prevent hasty action based on inadequate examination of the position,. there is to be no unnecessary delay. ITO is therefore specifically directed to deal promptly with the finding and recommendations of a study group. On the basis, of the report of the Study Group, or on the request of Members concerned, or on its own initiative, ITO may, under Article 56, convene an Intergovernmental Commodity Conference, to discuss measures designed to meet the special difficulties. Non-members may be invited to participate in Commodity Conferences, as well as all Members substantially interested, in the product in question. If the Conference is unable to find suitable measures for dealing with the situation without resort to the regulation of production, trade or prices, an intergovernmental commodity agreement may be considered. Article 57 sets out a number of General Principles governing Intergovernmental Commodity Agreements. ITO Members are given equal rights to participate in the initial negotiation of intergovernmental commodity agreements. ITO may invite non-Members to participate on the same basis as members. There is to be equitable treatment as between participating and non-participating Members. Countries that are largely dependent on imports for their supply of the commodity shall have an equal voice with the principal exporting countries. This wide participation prevents the formulation of agreements serving the interests of some countries at the expense of others, There is to be full publicity for any such agreement, whether proposed or concluded, and for the views of Members at all stages of negotiation and operation. /In Article 58, E/CONF.2/INF.8 Page 28 In Article 58, Types of Agreement, the Charter recognizes two types of intergovernmental commodity agreement: (a) those which have the purpose of controlling or regulating the production, export, import, or prices of the commodity in question, and (b) those which have the purpose of expanding world production and consumption of a primary commodity. This Chapter of the Charter is concerned only with the former, or "commodity. control" type of agreement. The Circumstances Governing the Use of Commodity Control Agreements, Article 59, are to be strictly limited, Commodity Control Agreements may only be employed when a burdensome surplus has developed or is expected to develop; when this surplus would cause serious hardship to producers among, whom small producers are of substantial significance; when the normalt process of buying and selling will not correct the situation in time, for the reason that - in the case of the primary commodity concerned - a fall in price will not lead to a worthwhile increase in consumption nor to a decrease in production; or when widespread unemployment has developed or is expected to develop, for the reason that - in the case of the industry concerned - not only will a fall in price fail to increase consumption, but the areas where the primary commodity is produced do not offer alternative employment opportunities. One of the objective of commodity control agreements is to reduce fluctuations in prices of primary commodities, Each Commodity Council is left free to adopt whatever measures it thinks necessary to achieve this objective; it might be done through regulation of production; exports or prices. Particular schemes, such as buffer stocks, may be applied in appropriate circumstances to provide a stabilizing element. Certain Additional Principles Governing Commodity Cotrnol gAerements are ew tout in Aricle 65t. oCmmodity Agreements must be planed so as to assure adequa seupplies to fulfil world emandd, a treasonable prices. When prcaiiocable, commodity agreements must help to exanp dworld consumption of th ecommodiyt i question. Thje principle of equal, voice as between importing and exporting countries participating in commodity agreements is establisheo, oCmmodity agreements m us tprvoide for the staisfying of the requirements for a particular commdoit,y both in individual countries and in the world as a whole, by arranging for the commodity to be supplied in the most effective an deconomic manner. Countries participating ni a commodity agreement must adopt national rogrammes which pmes which are considered adequate vtwa tr sol ing~the commodity problem in question, within the duration omf the agreeent I is recognized that each commodity has its osdwnN problem I attempt is made, therefore, to suggest the particular methods to be /used to achieve E/CONF.2/INF.8 Page 29 used to achieve the objectives of an agreement. Directly related commodities such as cane and beet sugar, or syhthetic and natural rubber, may be considered together. Articles 61, 62 and 63 provide rules for the administering of Commodity Control Agreements. Article 61, Administration of Commodity Control Agreements, states that a separate Commodity Council is to be set up to administer each commodity control agreement. These Councils are to be virtually autonomous and largely independent of ITO in their structure and procedure, reporting as required to ITO their expenses being borne by the participating countries, Under Article 62, Initial Term, Review and Renewal of Commodity Control Agreements, the life of a commodity agreement is limited to five years, subject to renewals for a maximum of five years. Not less than every three years ITO is to review every commodity agreement. If ITO decides that an agreement has failed substantially to carry out the general principles laid down in this Chapter, the countries participating in the agreement must either revise it or terminate it. Settlement of Disputes, Article 63, arising out of a Commodity Agreement is to be primarily a matter for the Commodity Council. If this fails, the dispute will be referred to ITO. It is important to avoid duplication and overlapping in the consideration of commodity problems. The Relations with Intergovernmental Organizations, such as FAO, are set down in Article 64. They are entitled to attend any study group or commodity conference, to ask that a study of a commodity should be made, and to give ITO any study of a commodity they have made with a view to further study or the convening of a commodity conference. A special problem arises from the fact that there will be some international commodity agreements in affect at the time ITO is set up. Article 65, Obligations of Members regarding existing and proposed Commodity Agreements, provides that ITO members participating in existing agreements must send full information about them to ITO. ITO will study these existing agreements and will decide whether any of them are contrary to the principles of the Charter. If so, members will accept the decision of ITO as to the continuation of their participation in these agreements. A similar procedure will apply to any negotiations for the commodity agreements which ITO members are taking part in at the time when they join ITO. Article 66 deals with the Territorial Application of Chapter VI and provides that where one or more territories belonging to a group which is dependent on an ITO member are particularly interested in a commodity, they may be separately represented. /Article 67 E/CONF.2/INF.8 Page 30 Article 67 sets out Exceptions to Provisions Relating to Inter-goverrmentel Commodity Arrangements. These exceptions comprise (a) agreements between two goverments relating to the purchase and sale of a commodity which is subject to state trading arrangements, (b) agreements between a single exporting and a single importing country (outside the soope of state trading). ITO may, however, receive and deal with any complaint by a non-participating member : about an agreement of this type, and a(c) nrtsy ps of inter-govermental agreements dea lingwmoralse itorals ands he as aleth oongthy are not used to get around the objectives of .moITOo Agreements deal Caomngr e>nta.dealing only with fair distribution of commodities in short supply or with conserva resourcestion of exhaustiblesourA*9 are exommpt fr= he main restrictions imposed in this Chapter of the Charter. /CPr.V3II E/CONF.2/INF.8 Page 31 The International Trade Organization Chapter VII sets forth the structure of the ITO and describes how it is to operate in order to carry out the functions and undertakings placed upon it in the earlier chapters. The first essential is to determine which ' countries are to be eligible for membership and on what terms. Article 68, Membership, lays down 'that the original members of the ITO are those states which, having attended the World Conference on Trade and employment, agree to bring the Charter into force by the date specified. Article 98 states that the Charter will come into force 60 days after 20 Governments have accepted it). Any other atate whose membership has been approved by the ITO Conference shall become a member upon accepting the obliGations of membership. In addition, the following customs territories, though not responsible for the formal conduct of diplomatic areto be elJigible to oin ITO "on as such term(may be deter mined" (a)any separate customs territories invited to the World Conference on Trade and oyment (thurma, Ceylon and Sousthern Rhodei)s enda(b )an y '.'. spara te'ustoms terriory not invitedd to the WorldCon ierence, whi ischs "propo by sed thecompetemnt ember having responsibility for the formal onduct of its diopl;atic relations". The ITO Conferen ce.s to determine the- cioon.tins on which membership is to be extended to Trust Territories administered bye th United Nations atond the FrTteeerrit oryof Trie.ste Essential to the work of ITO will be the collecting,b pulishing and - analyzing ofb information aout international trade, Article69, Functions s ehat IO i s to haunctionsves'thes fking wenll ask th ofe udertaingo?: studies of various specialized types, designed to help achieve the objectives o f l0, as set'ot in'Aticle 1. e of ITO Tb&stgretiueO (Article 70) snto consist o, anm. . f a Con ard, a Tariff Committee, cCerain tEmecustoisveoamif-o other organsmi therpttga, certain Conmnisins and sucherans : may be needed" riS toe aDirector General and Staff. . -. The epresentativeConfe6nepreative Every state belonging to ITO will he a rvee -.'. odi ,i'e Confe enc;s the g nce (Article 72) has been left open ng- e reparatoryConference Aicle 72 ha open by 'the'Pi ra - ',*-'omi'ision ati the Wold Confv'reoo. Three tives are' . suggested (a) one vote to one cohthteded" o systems of so called' "weit-ei ich voting, basedon economiss allume umhich inc such criteria ag vo1t.of f oreip ee, nal ipencoe and(foreign trad(e pcr head' popultion Cc) a ystem of "one state: one vote", and "weighted" voting.mpro ie betvef he sste ' t ' ' i"' whih a id ,reCharter,' on- altors provior in certain Articles of the 0Chrter,: e voting.on-aie e" tate systo bone on a weighted system, / ti 3 jArcle 7, ;.~~Artcl 7 Page 32 Article 73. Sessions procedure and officers states that the Conference must meet annually and possibly more often if necessary. The Conference is responsible for establishing its rules of procedure and for electing its-- President and officers, The Powers and Duties (Article 74) imposed upon ITO by the Charter are to be vested in the Conference. In exceptional circumstances the Conference mayai sve an obligation imposed on a members by the Chart.er But this action will require a two-thirds majority of the votes cast and the majority must comprise oeo half the ITO membership, The Conference is to approve the ITO budget and to fix the scale of contributions, following such principles as may be applied by the United Nations. No member is to contribute more than one third of the total. The Conference is to determine the locationfd ITO and of such branch offices as may be desirable. The Executive Board on the composition of the Executive Board (Article 75. The Preparatory Committee has submitted three proposals to the World Conference on Trade and Employment. In brief, Alternative A proposes a fixed number of seats to be allocated to named States of major economic importance and the allocation of the remainder on a "regional" basis. Alternative B proposes the open election of all members, without any allocation of seats to named' states. Alternative C proposes a fixed number of permanent seats and the open election of the remainder. Voting on the Executive Board (Article 76) is to be by simple majority. The Executive Board is to adopt its own rules for Sessions, Procedure and Officers (Article 77). ITO members which are not members of the Executive Board may be invited to participate in Board discussions without the right to vote, The Powers and Duties (Article 78) of eth Executive Board include supervising the Commissions and making recommendations to the Confercece or to intergovernmental agencies, on any subject within the scope of the charter. The Commissions The ITO Conference is to establish whatever commissions the ITO may require in order to perform its functions. Their Establishment and Functions are dealt with in Article 79, their composition and procedure in Article 80. Apart from the commissions which might deal with such matters as Commercial Policy, Commodities or Business Practices, there is to be a permanent Tariff Committee (Article 81) to deal with all matters arising out of Article 17, the reduction of Tariffs and elimination of Preferences. The voting procedures on the Tariff Committee are left for decision at the World Conference. Article 82 and 83 deal with the Director General and the Staff their duties, conditions of service and suitability for the work of ITO. Article 84 provides for Relations with other Organizatio.ns This is a matter of importance in that various intergovernmental agencies, such as the / nternational Ieratlcna -- E/CONF.2/INF.8 Page 33 International Bank, tho International Monetary Fund, the Food and Agriculture Organization, the International Labour Organization, and other, deal with matters having a direct bearing on tho work of the ITO. ITO itself is to be related to the United Nations as one of the specialized agencies. ITO is to arrange with other agencies for offective cooperation and to avoid overlapping. ITO is to make arrangements to consult and cooperate with non-government organizations. In this Article, as throughout the Charter, emphasis is placed on cooperation with all other international bodies wlth a view to establishing mutually agreed policies, to preventing the overlapping of functions, and to obtaining the most officient and economical use of funds and personnel. Article 85 states the International Responsibilities of the Director General, Staff and Members of Commissions. In the discharge of their duties they shall not seek or receive instructions from any government, or from any authority outside ITO. Article 86 establishes the International. Legal Status of the Organization; Article 87, the Status of the Organization in the territory of members. Article 88, Contributions provides that a member in arrears with its contributions to ITO can, in certain circumstances, be deprived of its vote. /CHAPTER VIII E/CONF.2/INF.8. Page 34 CHAPTER VIII Settlement of Differences - Interpretation It is inevitable that disputes will arise out of a Chapter both comprehensive and complex, the scope of which way possibly affect the established trading and commercial practices of every country in the world. The Charter recognizes three general stages in the settlement of disputes. First, consultation between members; secondly, reference of the dispute to the ITO; thirdly, reference to the International Court of Justice. (It is pointed out, in the draft Charter, that the Preparatory Committee gave only a limited time to the study of this section and that a full re-examination by the World Trade. Conference will be desirable). Article 89, Conatsulation between members defines the situations which can give rise to complaints resalting from, for instance, failure of a member to carry out its ITO obligations and lays down a procedure for consultation between members to help resolve the problem. If the matter is not settled satisfactorily within a reasonable time it may be referred to the Executive Board or directly to the Conference. Article 90, Reference to the Orgaiziation, deals with procedure by the Conference ro by the Exeutive Board ctpmaking ,3Boamerin inkig recomcrndgationsl og.r provdin a ruin With the consent of the members concerned, the Execeferutive Board may r_. . the matter to arbitration. If the Conference considers the complaint suffma,iciently seserious, itiy spend obligations orauthori members to suld OUJ1JIst1Lons or, concessions unel.the Charter. The merfr so affected may then quit ITO on giving due notice. Referen.sethe Internatiorsal uzrt oJustice (Article 91) allow--. the eqConfere~m ne tha Excu5ivenBlaoard to :rues froJa thInternatio . Court advisory opinions on legal questions arising within the scope of ITO, The any Court may, if requested ' I'iDreview esx decision reached under Article 90. Any substantially interested member may require ITO to Trequest semankiuch a review. The decision of lO is tor in effect while under review by the Court. The final opinion of the Court wi1l be binding on the Among the Miscellaneous Provisions in Article 92, is one Which requires ITO members to use ITO procedures for dealing with complaints and settlement of difficulties. /CHAPTER IX E/CONF.2/INF.8 Page 35 CHAPTER IX General Provisions The relation to be established between ITO Members and non-member countries, as affecting their trade and commerce is obviously a vital element of the ITO Charter. Various questions arise in considering this problem. To what extent shall members be prevented from seeking preferential advantages with non-members, of a kind which would negative the intention of the Charter to reduce or abolish such preferences? If the trade of a member is substantially carried out with non-members, to what extent must the member be bound by the obligations of the Charter? To what extent is the ITO to have power to approve or disapprove trading agreements between members and non-members? Is the Charter to impose terms on the relations between members and non-members which would attract non-members to join ITO? These and other aspects of this problem are dealt with in three suggested drafts of Article 93, which the Preparatory Committee is submitting to the World Conference. To some extent, the provisions governing relations between members and non-members will depend on the number of countries which decide to become ITO members in the early days of the Organization. Article 94, General Exceptions, absolves an ITO member from being required, under the Charter, to disclose information which it considers against its security interests. Members may also do whatever they think necessary to protect their security interests relating to atomic materials, armo.:traffic, and wartime or other international emergencies, and to maintain peace according to their obligations under the Unified Nations Charter. Amendments, Article 95, to the Charter involving a change in the obligations of members will require a two-thirds vote of the Conference. But any such amendment will become effective only for the members accepting it. If the ITO feels that non-acceptance of such an amendment creates an intolerable situation, it can require the non-accepting members to withdraw from ITO (or it may, by two-thirds majority of the Conference, waive its insistence on withdrawal). There are similar provisions in the constitutions of other specialized agencies. Under Article 96, there is to be a Review of the Charter every ten years. Withdrawal and Termination, Article 97, provides that any member may withdraw from ITO three years after the Charter comes into force, due notice being given. Three quarters of the members may terminate the Charter at any time. Article 98, Entry into Force and Registration, states that ITO will come into existence sixty days after twenty governments represented at the World Conference have deposited their instruments of acceptance. Article 99 /defines the E/CONF.2/INF.8 Page 36 defines the Territorial Application of the Charter. Article 100 deals with the Deposit of Texts.
GATT Library
mb310vd7261
Annex M : Inter-American Organizations
Interim Commission for the International Trade Organization, [ca. 1947 - 1994]
Interim Commission for the International Trade Organization (ICITO/GATT)
NaT
official documents
ICITO/EC.2/7/M and ICITO/EC.2/7/L-ICITO/EC.2/7/M
https://exhibits.stanford.edu/gatt/catalog/mb310vd7261
mb310vd7261_90060199.xml
GATT_149
3,570
25,033
UNRESTRICTED ICITO/EC.2/7/M INTERIM COMMISSION COMMISSION INTERIMAIRE DE July 1948 FOR THE INTERNATIONAL L'ORGANISATION INTERNATION ORIGINAL: ENGLISH TRADE ORGANIZATION DU COMMERCE ANNEX M INTER-AMERICAN ORGANIZATIONS 1. At the ninth international conference of the American States held at Bogota in April 1948, a Charter of "The Organization of American States" and an "Economic Agreement of Bogota" were worked out and signed. These Agreements provide for a comprehensive Organization of American States to take over the functions of existing inter-American organizations, including the Pan American Union and the Inter-American Economic and Social Council. These Agreements do not come into force until ratified in accordance with their terms. The Economic Agreement of Bogota provides inter alia for technical co-operation between the American States. The relevant Articles nos. 9 to 17 inclusive, are included in Chapter II, and are set out below: CHAPTER II TECHNICAL CO-OPERATION Article 9 The States undertake through individual and joint action to continue and to expand technical co-operation for carrying out studies; preparing plans and projects directed toward intensifying their agriculture, cattle raising, and mining; developing their industry; increasing their trade; diversifying their production and generally strengthening their economic structures. Article 10 In order to realize the objectives set forth in the preceding Article, the Inter-American Economic and Social Council which, in the text of this Agreement, is hereinafter called the Council, shall within the sphere of its competence be responsible for the development and co-ordination of the activities necessary to: (a) Make a study of the current economic situation and prepare an inventory of the economic potential of the States, consisting of studies of their natural and human resources and of the possibilities of agriculture, mineral and industrial development, with a view to the /full utilization lCITO/EC . 2/7/M Page 2 full utilization of these resources and the expansion of their economies; (b) Promote such laboratory research and experimental work as it considers necessary; (c) Promote the training of technical and administrative personnel in all economic activities through such means as teacher and student exchange between technical educational institutions in the Americas; the exchange of specialized Administrative officials; the exchange of specialists between governmental, technical and economic agencies; the apprenticing of skilled workers, foremen and auxiliary personnel in industrial plants and technical schools; and lectures and seminars; (d) Prepare studies on technical problems in public administration and finance, relating to trade and economic development; (e) Promote measures to increase trade among the States and between them and other countries of the world. Such measures should include the study and promotion of the adoption of sanitary standards with respect to plants and animals, for the purpose of reaching an international understanding to prevent the application of sanitary regulations as an indirect means of imposing barriers to international trade. The said study should be undertaken in co-operation with other appropriate organizations; (f) Place at the disposal of the interested country or countries the statistical data, information, and general plans that it is possible to develop in connection with the above-mentioned programme; (g) Study, at the request of the Member States, specific proposals for development or for immigration with a view to giving advice in regard to their practicability and their utility in the sound economic development of the country concerned and to assist in preparing for their later presentation to private capital, or to governmental or inter-governmental lending agencies for possible financing; (h) Place technical advice at the disposal of countries requesting it and make arrangements for the exchange of technical aid in all fields of economic activity, including social security and welfare. Article 11 In order to perform the functions assigned to it in Article 10, the Council shall organize a permanent Technical Staff. This Staff shall be directed by a technical chief, who in matters within his competence shall /participate ICITO/EC. 2/7/M Page 3 participate and have a voice in the deliberations of the Council and shall execute the decisions of the latter. The Council shall absorb existing inter-American organizations having similar functions and shall utilize the services of the Pan American Union. Article 12 The Council shall maintain permanent contact with the Economic Commission for Latin America of the United Nations Economic and Social Council, in order to assure close collaboration and a practical division of functions so as to avoid duplication of work and expense. In carrying out its activities, the Council shall maintain communication and exchange of information with the agencies in each country that are engaged in the study of economic problems or that serve as directing and planning agencies for the national economy, as well as with educational, technical, and scientific institutions, and with private national and international organizations of production and trade. The Council shall transmit to the governments concerned copies of its correspondence with such entities. Article 13 In carrying out its functions the Council may request of the respective governments the assistance which in its judgment it needs. The Governments may decline to give any information they consider to be confidential in character. The Council may perform its functions in the territory of a country only if authorized by that country. Article 14 The Member States may request special studies by the Council, which shall determine whether the studies requested are within its competence and which may also indicate whether it would be more appropriate for the respective requests to be directed, in whole or in part, to other national or international institutions or to private entities. Article 15 The States in fixing the budget of the Pan American Union, shall take into account the amounts necessary to cover the increased expenditures of the Council and of its Technical Staff, in order that they may be able to perform the functions set forth in Article 10. Article 16 Whenever one or more countries request the preparation of specific projects on economic development or immigration, such projects shall be drawn up by the Council with its own staff or with experts especially /engaged ICITO/EC. 2/7/M Page 4 engaged for the account and at the cost of the country or countries requesting them, it being left to the Council, in the latter case, to determine the proportion of the costs to be borne by those countries. Only in cases determined, to be exceptional by the Council itself may the costs of specific studies on reconstruction or economic development be chargeable to the general budget. Article 17 Nothing in this Chapter shall interfere with other arrangements entered into by the States for the reciprocal granting of technical co-operation in the economic field. 2. In addition a proposal is being considered by which the Inter-American Economic and Social Council should create a Commission on Development to take over the functions of the Inter-American Development Commission, which was set up in June 1940 as an independent body. The following paper prepared by the Inter-American Development Commission sets out information regarding its powers, responsibilities and activities: 15 June 1948 INTER-AMERICAN DEVELOPMENT COMMISSION Origin and Purposes First Meeting of Ministers of Foreign Affairs The First Meeting of Ministers of Foreign Affairs of the American Republics held in Panama 23 September to 3 October 1939, resolved to form the Inter-American Financial and Economic Advisory Committee, to deal with various economic and financial problems. By Resolution XIII of 15 January 1940, this Committee created a permanent commission to have charge of promoting the development of industries in Latin America and inter-American trade. This agency, known as the Inter-American Development Commission, held its first meeting 3 June 1940. Second Meeting of Ministers At the Second Meeting of Ministers of Foreign Affairs at Havana in July 1940, Resolution XXV was adopted approving and confirming the creation of the Commission. The Resolution stated that a national commission should be formed in each of the American Republics to co-operate with it, and recommended that the Governments of the American Republics lend them all necessary assistance. Third Meeting of Ministers The Third Meeting of Ministers in Rio de Janeiro in January 1942, by Resolution XIII, indicated that the Inter-American Development Commission /should promote ICITO/EC. 2/7/M Page 5 should promote the policy of utilizing the national resources of the American Nations, and of the exploitation of such raw materials as are favourable to permanent production and market possibilities. Also in Resolution XVI the Meeting declared in effect that plans for these developments in each country should be prepared in co-operation with the Inter-American Development Commission and its National Commissions to facilitate their financing. Further, the purposes of the Commission as stated by the Inter-American Financial and Economic Advisory Committee in conformity with Resolution VIII of the Third Meeting of Ministers were, in brief: To promote the formation and financing with mixed United States and Latin-American capital of enterprises to undertake production for new or complementary markets in the United States or other American Republics. These enterprises to be devoted to: (a) Exploration and exploitation of Latin-American mineral resources; (b) Cultivation and marketing of agricultural and forest products; (c) Establishment and development of industrial plants. Conference of Ministers at Mexico City The Inter-American Conference of 1945 in Mexico City, in its Resolution XX, recommended emphasis by the National Commissions of Inter-American Development on: (a) Collaboration in studying and putting into effect special measures for reconversion and readjustment; and (b) Application of the Recommendations of the Conference of Commissions of May 1944, relative to commercial arbitration. Also that Conference in Resolution XLIX directed: "1. That the Governments of the American Republics continue to give to the Inter-American Development Commission of Washington and to the National Commissions, as recommended by the third Meeting of the Ministers of Foreign Affairs of the American Republics, all the support that the Commissions may need in order to accomplish the purposes for which they were created." "2. That the Governments, in preparing the material they are to present to the Inter-American Technical Economic Conference to be held in June 1945, give careful consideration to and take into account the recommendations adopted at the Conference of Commissions of Inter-American Development, held in New York in May 1944, in so far as /they do not ICITO/EC 2/7 /M Page 6 they do not conflict with the resolutions and recommendations of this Conference ." (This Conference has not yet been held.) Inter-American Economic and Social Council - Reports to The Inter-American Financial and Economic Advisory Committee, by which the Inter-American Developmenit Commission was created, as stated above, and under which it had functioned, was succeeded by the Inter-American Economic and Social Council, to which the Inter-American Development Commission has reported concerning its activities. Activities and Accomplishments National Commissions One of the first accomplishments of the Commission was the completion in 1941 of the organization, pursuant to the instruction of the Meeting of Ministers at Havana in 1940, of an affiliated commission in each republic. The commissions are composed of citizens prominent in financial, industrial and technical circles as well as of government representatives selected with the collaboration of the respective governments. The purpose was to provide, with the parent Commission in Washington, a means of co-operation for prompt and effective performance. War effort assistance Shortly after this Inter-American organization was completed, restrictions were placed on transportation and use of machinery, equipment and materials, except for war purposes. Hence it was decided that peace time planning should be postponed in favour of aiding the war effort, to which this new Inter-American organization contributed valuable services during the entire emergency period. Conference of National Commissions In pursuance of the instructions of the Third Meeting of Ministers of Foreign Affairs, the Commission in Washington, with the approval and assistance of the governments of all the American Republics, called a Conference of Commissions of Inter-American Development in New York in May 1944, to consider plans for solving transition period problems and for peace time programmes to be carried out when equipment, materials, shipping, technical skill and manpower should again be available. This Conference was attended by delegates, with advisers and assistants, from each of the twenty-one National Commissions. After full discussion, the conferees unanimously adopted forty-five resolutions containing comprehensive recommendations regarding economic and social problems, and emphasizing the importance of technical collaboration, which recommendations were referred to by the Mexico City Conference of 1945 in instructions to the governments and the National Commissions. /Inter-American ICITO/EC. 2/7/M Page 7 Inter-American Training Administration The Inter-AmericanTraining Administration was originally organized by the Office of the Co-ordinator of Inter-American Affairs, to enable young men and women graduates of schools in the other Americas to come to the United States to acquire practical experience in industrial plants, technical laboratories, food production, health and sanitation, aviation and merchant marine, during the war emergency when otherwise they would have been unable to travel owing to war emergency restrictions. Because the collaboration of the National Commissions was required in the important work of choosing properly qualified candidates, the Training Administration was placed under the Inter-American Development Commissions. Nearly 1,000 trainees from Latin American countries received benefits under this programme. Upon the removal of the emergency travel restrictions the Training Administration was abolished, some of its activities being taken over by other organizations; and also industrial concerns and private institutions made their own arrangements for these training programmes. Uniform Technical Standards The Commission, with the collaboration of the National Commissions, collaborated with the American Standards Association, financially and otherwise, in its activities in Latin America. Realization of the importance of uniform standards led to the adoption by the Conference of Commissions of Resolution VI, recommending the creation, under the sponsorship of the Pan-American Union, with the co-operation of the Inter-American Development Commission, of a Pan-American Committee on Technical Standards, to promote adoption of uniform technical standards as an aid to industrial development. The Commission created a special temporary committee, composed of representatives of the Department of State, Pan American Union, National Bureau of Standards, American Standards Association and the Commission, to submit recommendations as to programme and procedure. After various meetings and exchanges of views with National Commissions and other groups in the Americas, a report with recommendations was prepared and submitted to the Inter-American Economic and Social Council. Standardization of Insurance Contracts The recommendation of the Conference of Commissions in Resolution XXIV in support of legislation in each country with a view to simplification and standardization of insurance contracts, was the subject of conversations with officials of the United States Chamber of Commerce, and correspondence with National Commissions, which led to plans for conferences by insurance organizations and authorities from various countries of the Hemisphere. /Regulations ICITO/EC. 2/7 /M Page 8 Regulations for National Commissions In compliance with Resolution XLV of the National Conference of Commissions, regulations to govern the functions, activities and duties of the national commissions were prepared and distributed. Pan American Institute of Mining and Geology The Commission with the co-operation of the National Commissions assisted in the organization and financing of the Pan American Institute of Mining Engineering and Geology in its activities in Latin-American countries, and sent delegates to the First Congress of Mining Engineering of Santiago, Chile. Inter-American safety Council The Commission and the National Commissions, collaborated with the Inter-American Safety Council in its campaign for the adoption of safety precautions in industrial plants in Latin-American countries, providing funds to cover the cost of preparing and distributing profusely illustrated informative literature in Spanish and Portuguese. Inter-American Engineering Co-operation Through the Joint Committee on Inter-American Engineering Co-operation, organized for that express purpose, the Commission secured the collaboration of five of the principal engineering societies of the United States to work with Latin-American engineers in technical fields. The Committee established contacts with engineering groups throughout the other American Republics, and organized a programme to exchange with them literature on engineering subjects; and made it a practice to extend special courtesies to Latin-American engineers visiting the United States. This organization owing to its contact with engineering and other technical groups has been in a position to give the Inter-American Development Commission valuable aid in the selection of competent technicians for service in Latin America. The functions of the Joint Committee now have been assumed by the Commission on Latin America of the International Engineers Joint Council. Distribution of Technical Literature - "Adelantos de Ingenieria" Under the joint sponsorship of the Inter-American Development Commission, the Division of Engineering and Industrial Research of the National Research Council, and the Commission on Latin America of the International Engineers Joint Council initiated the publication of articles on important current technical developments in magazine form, under the title of "Adelantos de Ingenieria" for distribution to engineers in Latin America. /Commercial ICITO/EC. 2/7/M Page 9 The Inter-American Conference on Problems of War and Peace at Mexico City having delegated to the Commission and the Inter-American Commercial Arbitration Commission the drafting of a commercial arbitration treaty for presentation at the Ninth Pan American Conference, a study on the legal aspects of commercial arbitration in Latin America was prepared. Statements of Latin-American Laws Affecting Business Of special interest to United States business concerns, law firms, libraries and educational institutions, interested in closer Inter-American relations, is a series of studies of basic laws of the Latin-American Republics affecting business in its various aspects and activities, now being prepared by the Commission from data assembled by leading attorneys in each country, selected by the respective National Commissions. Other Publications The Commission has published for free distribution a large number of documents relating to conditions in Latin America; including reports that were presented by the delegates to the Conference of Commissions, reports by the Commission to the Inter-American Economic and Financial Advisory Committee and the Inter-American Economic and Social Council, and reports on many of the various activities of the Commission, including those briefly referred to above. (A list of the documents now available is enclosed.) Services The above mentioned accomplishments and the many services rendered by the Commission and National Commissions, upon request of their respective governments, involved the following Functions: (a) Promotion, research, organization of technical missions, selection of technicians, financing and supervision; (b) Travel arrangements for officials technicians, members of missions and others from and to the United States and within the various countries; (c) Exchange of communications by mail, telephone, telegraph and cable, with the National Commissions and other correspondents in the American republics; (d) Personal interviews and conferences with representatives of the various governments, business concerns, instructions and associations; (e) Translations to and from English, Spanish Portguese and French, of correspondence, reports and other material; (f) Preparation and distribution of numerous reports memoranda, radio broadcast scripts and other informative material. /The Commission ICITO/EC. 2/7/M Page 10 The Commission in Washington has been increasingly called upon by business concerns, organizations, publishers, individuals and government agencies, for information and advice of all kinds by mail, telephone and telegraph concerning Latin-American resources, and industries. Method of providing technical assistance It has been the policy of the Commission to provide technical and other assistance only when formally requested. The expense of furnishing missions or the procuring of services of specialists has been covered by- written agreements. The Commission originally studied the feasibility of establishing a technical office with a corps of specialists. However., it was found that the wide variety of problems presented required the services of so many different kinds of specialists, that the selection for each mission, project, or problem, of persons eminently qualified for the work involved was the most satisfactory. These persons were engaged under contracts, for agreed upon compensation and terms, and for the time required to complete the task. Thus it was possible to pay customary compensation for the services of the best men, and the ultimate cost was far less than the expense that would have been involved in the permanent employment of a limited number of technicians. Programme The programme initiated by the Inter-American Development Commission and the National Commissions should be expanded and intensified and directed toward implementation and realization of the several mandates of the Meetings of Ministers of Foreign Affairs of various American nations. Activities so far have been handicapped by limited funds and organization, and the wise hesitation of governments and private enterprise to undertake new industrial enterprises, without the certainty of being able to obtain machinery, equipment and materials. When the Commission was organized in 1940 it was expected that the American governments would provide funds, by means of proportional contributions, for the conduct of its work. Owing to the impending international emergency and immediate need for the services of the Parent Commission and National Commissions in the war effort, it was realized that action by the various governments could not be awaited. Therefore the United States Government decided that funds for Commission activities should be provided by the Office of Inter-American Affairs which had been created as one of the war emergency agencies. This contribution, plus the /participation ICITO/EC. 2/7/M Page 11 participation of certain governments and National Commissions in meeting the expenses of missions to their respective countries make up the funds with which the Commission has been conducting its operations. Future Development As the result of actions taken at the Conference of American States, in Bogota, it has been proposed that the Inter-American Economic and Social Council create a Commission on Development to take over the functions of the Inter-American Development Commission, whereupon the latter will cease to exist; the new Commission, to be made up of five members of the council, and to operate under the Council's direction.
GATT Library
yw135dg1711
Annotated Agenda for chapter II - Employment and Economic actitvity : Prepared by the Secretariat
United Nations Conference on Trade and Employment, December 8, 1947
First Committee: Employment and Economic Activity
08/12/1947
official documents
E/CONF.2/C.1/7 and E/CONF.2/C.1/1-26
https://exhibits.stanford.edu/gatt/catalog/yw135dg1711
yw135dg1711_90180237.xml
GATT_149
2,676
18,942
United Nations Nations Unies CONFERENCE CONFERENCE E/CONF.2/C.1/7 ON DU 8 December 1947 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH FIRST COMMITTEE: EMPLOYMENT AND ECONOMIC ACTIVITY This agenda relates to the draft of the Charter submitted by theSecond Session of the Preparatory Committee(document E/PC/T/l86)and consists of all amendments and proposals received from delegations up to, and including 6 December, the final date established by the Conference for the submission of formal amendments. Each of the proposed amendments has been issued as a separate document in the form of an addendum to document E/CONF.2/11 or E/CONF.2/C.1/3. In this annotated agenda square brackets used in the texts of amendements to denote proposed deletionsand underlining to indicate proposed additions.An asterisk (*) in the margin has been used to identify the proposals on the First Committee had not completed its preliminary discussion by the end of the Sixth Meeting on 8 December. The agenda also covers the draft resolution on Employment suggested by the First Session of the Preparatory Committee for consideration by this Conference. Article 2 - Importance of Employment, Production and Demand in relation to the putpose of this Charter The delegation of Mexico proposes the follolowing amendment (document country of useful employment opportunities for those able and willing to work and of a large and steadily growing volume of production and effective demand for goods and services is not of domestic concern alone, but is also a necessary condition for the realization of the general purpose and the objectives set forth in Article 1 of this Charter[## including the expansion of international trade , and thus for the well-being of all other countries] /Proposed new Paragraph 2 2/CONF.2/C.1/7. Page 2 Proposed new Paragraph 2oew ParAh2 The delegationh ofines tinesi Philipp proposes that the present Paragraph 2 ulanbd 3 mesbeh e renurd 3 and 4 respectively, and that the following should be inserted as Paragraocuph 2 (dmeNFnt E/CO.2/C ..1/3/Add4): "The Members recognize that, due to factors beyond their control, the avoidance of unemp ol undrr - emploument may be frustrated.eoymenr Sincet eit is h aim and objective of the Organization to foster an economiic equilbrium which will insuree the wlfare of the people under adverse con,ditions the Members shall geencoura the adoption of social security measurewis that ll provide comparative stability to labour." Pararaph 2 of the Geneva Draft The delegation of Peru proposes the following amendment (document .3O11ON .. : "The Members recognize that, while the avoidance of unemployment or under-employment mtUu dependr o[pnamariy}]nparluy domestic measures, such measures should be supplemented by concerted action, and in particular by international investment, under the sponsorship of the Economic and Social Council of the United Nations in collaboration thwi the appropriate inter-governmental organizations, each ofth ese bodies acting within its respective sphere and consistently with the terms and purposes of its basic instrument. Proposed new Pararaph 3 The delegation of Italy proposes the insertion of the followingxt te as Paragraph 3 and, according, lysuggests that old Paragraph 3 be renumbered Paragraph 4 (document E/CO.nN2//A11dd.l8): "'hae Members recoiGgze that th,ex istence at the se amtime of the o[pbles mof unelompyment and lack of manpower requires the adgru rpeale of everresty riction to international miratigons not ustijfied by vital requirements of the country concerned and sugest gas a means to aid the solution of those probles inm the most satisatory manmner, e, an international co-ordination of the employment scervies in accordance twithhe wishes exressed within the International Labour Oraanization and in co-operation with it." - . .. Paragrah 3 of the Gene Draft No change the te xt of this paragra.ph-hasbeen suggested Article 3 - MaintEenance of Domestic mployment Paragraph 1 . - The delegation of Norway propo the followng amendment (document /CON 2C .1/3/Add.7): > /"Each Member shall E/CONF .2/C .1/7 Page 3 "Each Member shall take action designed to achieve and maintain full: and productive employment and large and steadily growing demand and to prevent wide fluctuations in the general level of demand or prices within its own territory through measures appropriate to its political, economic and social institutions." The delegation of Mexico proposes the following amendment (document E/CON. 2/11/Add. 28): "Each Member shall take action designed to achieve and maintain full and productive employment and large and steadily growingemaz4 within its own territory through measures [appropriate to] consistent with its political, economic and social institutions." Paragraph 2 The delegation of Italy proposes the following amendment (document E/CONF./ 2/11Add.18):3: Measures to sustain employment, production and demand shall be consistent with the other objectives and provisions of this Charter. Members shall sk, pKerinp[cally by means of international co-operation, to avoid measeurwhich s would have the effect of creating balance-of- paymenfts difiescultior he oter countries." The delegation ofP the hilippines proposes the following amendment (documentN E/.CO/C 1/3/Add.4 ): "Measures to sustain employment, production and demand shall be consistent with the other objectives and provisions of this Charter. Members shall seea to ovoid measures which would have the effect of creatina balsncpaymef-amenffts diiecultis for other countries Proposes new Paragraph 3 The delegation of Mexico proposes the addition of the following paragraph (docuEmentNFnf B/.2/11/Add.28): "The Members shall, having regard to the conditions -existing as regards the demand for labour in their respectarritoriestorie. give favourable attention to requests for the engagement of workers to work temporarily in the country making the request. The fatter country shall duly enact laws prohibiting the immigration of manual worwers vhen, in the opinion in each case of the Government receiving the request, smchgranmiaetion would be prejudicial to the economic and social interests of the country from which the workers are proceeding. The requesting country shall also impose penalties making such action unprofitable, on employers in any part of its territoo, wh,gt enge or provide work: withoutgeengaement for manual workers who have entered the country a-legsly. The provisions of this graraaaph shall be in no way > /agpplicabfe to E/CONF,2/C .1/7 Page 4 . applicable to political anevor to ersons lea-4ing their country; dence of orign rsiaeu- of the ~xseiether'eiii of a. forced 'labour systeai time o6fPeace"." . - Article FarLabour-Stdards The delegation-of Peru proposes the foliowisg amendmei (docuent E/CQNF.2/ll/Add. 4): "Each Member, recogsizing that all countries ha}e a common interest in the achievement and maintenance of fair labour st~idnrds related to prodiicti4ty, 8ball'teake whatever action maybe appmpriate and feasible to- eliminate sub-standard conditions of labour in production 'for export and generali; throughout ts ter~toy Members di-ich are etc, ..,. The delegation of Argentina proposes the following amendment (docuMn t- E/COiQ. 2/ll/Add.3 3 "Each Memper, recognizing that all countries have a co,Ob interest in the achievement and maintenance of fair labour etandards:.related to productivity, shall take whatever action may be appropriate and Wsible'to -imae'sub-tandard wages and' conditions of ia'oiwln production for export and gererally throughout its territoT7 fields of economic activity. whether engaged in production for export or not. Members wiich are also, etc. - - . It will be-noted that the French text of the Geneva Draft aled Refers 'to "des conditions de travel et de remunsration inf-rieures normale The delegation of Burma proposes the following amendment (document. E/CO1F .2/U1/Add. 23) "34ch Member, recogizing that all countries heven- Ut in rhe achievement and maintenance of fair labour standards related to productiyitO steadily rising labour standards, shall take Vhatever action may be appropriate and fezisibLe- to eliminate -sub-btshdard- conditions of "labour' or export =and g-dhdrally tiougboit its terxitor7 and tc -cliveeand maintiin fair labour standards related to- - . 1demb6rs which'are also, etc.';..: ' The delegation' Ceylon proposes'the following amendments toia Article (dicucintX/Cob2.2/31/Add.33): Each'4geber, nizixig that, all cos a9 a' c n lxjterest in the and haintenaice- of fair labbour stanftax*ds related to t; sblh tkef1atu7 tion eiprcPrite18ii mna.tesub-sanzdab condition£s oS' b:aou n 'oppduption erei u7 st oioAit -t-e2ic ard aaso mbmer& of the eitit'nal Labou&iiztion' l '3 co-op-aieldthtbat organization in giving effect to this undertaki:7 /2. The Organization. E/CONF.2/C.1/7 Page 5 "2.gane Or2 ization shallstaks tepa to ascertain itt action has been taken bi Members In Euruanceo tgXN&p 1 * above1 and shall submit an annua report thereon to the Conference of the Organization. M emboers -which areals members of the International Labour: Orga-operatenization shalOrgl co22era te, wpitthat Or anizatin- in Rursuance of the objects of 1 of this Article." The delegation of the Union of South Africa proposes the following amend ment.f the last 2etemc in the present text of-te Article (document -COVF/3/Add3 ) . "An cyorn angsnm received b the Orjization-under 'this Article shall be transferred to thetiopa.] Labour Organization and members which are a1, etc. ,,. The delegation of -MexiO zoqements the following amendment(docust:s.- E/CONF. 2/11/Add_, mon "Each Imber, S nS tba 41 countres have a cown interest in the achievement and iptoce of fair labour standards related to productivity, shall take whatever action may be appropriate andoible to eliminate sub-standard conditigns of labour in troduation for export and generallythrouahovu its territory and to avoid any action likely - tQinJue the production for 2at of another Membpr country by the maintenance in its territor of unfair conditions of labour. Members which-are alo, etc. The delegation of Colombia proposes the addition of theowis:<: sentence at.the.endof the present text of the Article ; - r- - (document/3d.5): , ; "In-the event -e low costs of production of any p4rtickei product the-territoa. of any member country, due to unfair coditions-f -labour, -causing or threatening to cause a ompetition- 2rjudicial- --oter: members: the- OrEnzation, at -t request of anZ inerested memib-e,sha6l - promtly investiOte eithe- directly or throug]ihe International tabour' Organization, or in collaboration 'with that organization, and shall recommend whatever measureqt may find necessary for a full comliance with this undertakng.". The delegation of Uruguay proposes the addition of thelfollowing paph after the presqpt textV-f the Article (document B/NF.2/C.l3/Ad.2):? - "othing-in this'harter shall be construed-as Rreventin -tih adoption y a Member of reasonable and equitable measures to'eCt-i s industry from the competition of like products uder sub.standard conditions of labour and - - - - -b * *-, -. -f/Te ielegaton of-'eico . . .. Page 6 -9 ~ Igo..::o DZ6 ."g6 :S gp~asraph after th . doJI2 3/3dd.i i: "2. -In ea, -taki.g a: in0 ed vork..to)a', the act',al or' qrij~ih2 -natiogalitY of th t'be ~a disddvantage,> f;he'-Member~s .baU nab'lw emoig-teEor -6uqj !avrkjIE22 ±~ 8'~alties on anzi act of discrimination against workers -on.grrunds of. nationality, origin, rade, relilion or sex, on the 'art of natiqnaI ,or rasidentsof. the country in whAh such workers are employed, and iniaddition ri osing oe~yOor not grarkt sucqh Mkoi-6-C-U, On economic and -social adventagesaz -are. oyed by their own stiopals.,-* 4 The delegation of the Republic of Haiti proposes-the additioof'q e folloviriph to the resent text o.thie*Artile document E/CONF.2/C.1/3/Add.l): "2. Each Member shall Qrdeavour, within the frameworkfits institutIons to frant the nationals of another MemberPuntrY. legitimately admitted. tots-.rritory, fair conditions of, labour and Ey, -nc ill take every step to guarantee eqgul social rights-,-al workers and labourers throughout itsterritories, .The admission of the workers and labourers of any Member countrZin1t,1te tarrito -.o.nother shall be subject of bilateral agements.'5 . Article - Removal of Maladjustmots within the . Py tents, ':, !- Para . - The delegation of Denmark proposes' the following amendment (doct '06 E/C .2/C.1/3/Add.6): ," the e-vent-that asistoh-aladJusent thle Member's s. a. i ors.ac 4n a- etuionh tch-h P .^. Meerse '.involved 'in balanc -f-paymentlte-ihob^ cd4.ap them in carrying out the provision on Article3 without b6--trade r.riatlon, .the. Member shall make: its full contrlbut'u, 'on initiative. or aster representation 'om the.Orantzalon fle appropriateaction -hall be taken bY te other Membersconcersedr-':ards correcting the situation," .Proosed2new'Paph 2 The delegation b'fr proposes the nsrtion 'of-the foLloteXt ae paragraph: 2g ste-that fol r p ap i'h2-. b'ekenuabered paragraph 30 .2/U/A : --. .--.' ."The O z'gntioni diuct. Its ..ction-JnEamnner tending to promote the regulating machine ;b-y-tbe'-C'hirter -. in order, UpAersatisfactory market and Rrice conditions, to direct /the placement of E/CONF.2/C.1/7 page 7 the placement of the international trade balance during such periods in which ithin ma badance ustments Wln edlseeof payment exrtend in an increasing manner and, in the. judgment of the Organization, threaten world mneral economy" . Paragraph 2 of the Geneva Draft No change in the text of this paragraph has been suggested. Article 6 - Exchane of Information and Consultation 1eamble to Wagibb 1 'No changehbat been suggested. Sub-paragraph (a) No change has been suggested. Sub-paragraph (b) he delegation of Mexico proposes the foat ing addition .eta:the end of sub-parag aph (b) (document'E/CONF.2/1/Add.31): "... Provided that there -is no attempt to impair the rights already acquired by workers or the rights embodied in the Declaration -of Philadelphia and in any other agreement or convention setting forth safeguards for human rights in the field of labour." ' Paragraph 2 ' No change has been suggested. Article 7 Sefeguiards for Members Subject to External Deflationary Pressure, No change has beeD'suggested by any delegation. 'Proposed new Article - (It has been suggested that this proposal be considered by Sub-Committee A along with Article 4) he delegation of Mexico proposes the addition of the following Article to ChapterII' (document E/CONF.2/11/Add.31): "No measure adopted to promote international trade may be such as to cause a decline in employment or in the real wages or standards of living of the'workers in a country to a level below that prevailing before the a option of the measure. In the'event of the adoption of any such measure, a country which is or may-be affected by thee.=wy, after giving'notice to'the Organization, take such steps as it deems appropriate to avoid unemployment." Draft Resolution Formulated by the First Session of the Preparatory Committee on International Action Relating to Employment (Document B/LT/33, Page "6) * The following suggestion was made by the First Session of the Preparatory Committee: ' ' "It is suggested that the Economic and Social Council and the appropriate inter-governmental organizations should be invited by the United Nations Conference on Trade and Employment to consider what. action might be taken in the international field to assist in /maintaining full E/CONF.2/C.1/7 Page 8 . - d.- t a h'ge md stable level ofd. It ie. th1gfit that tpj4 ttion might best be extended 'lon A draft of this rvdol#tipn for the consideration of the CGoerence on TraS. t ±i set Out I the next paragraph. T- UNM 'INTOM0 COMMME 0N TRBADE AM) nIPLOOlES . -,.* . "CONS:DEMG that a significant contribution can.bemade to the achievement and mintenance of full and productive aploment and of high and stable levels of effective demand by international action sponsored. by the Economic and Social Council and carried out in. collaboration with the appropriate inter-goverumental organization, acting within their respective spheres and consistently with the terms and purpOBes of their basic instruments HEBY AMS the Economic and Social Council to undertake at an early date, in consultation.with the appropriate inter-governmental orSanization, special studies of. the foru which :sUc international action might take AND SUGESTS tbat in addition tocovering the effects on employment and produotio. lowering of barriers tQtrade, the studies of the Economic and Social Council Should include a consideration of such measures as the cozeerted timing, to the extent which. may be appropriate a practicable In the interests of employment policy of;- national and international measures to influenpe credit conditions and the terms of borrowing; 2, national or. international arrangements, in suitable oases, to Prte due stability, in the incomes of producers of prImary7. uct~s !ing regard equally to the interests of consu gaivncg 'co nries;.. 3 ".The tIin-gto the extent wii 'm acticabld ii the interests of emplt poiiy; Qf capital e on' proJectiiwhich are either of an Internat'onal er 'or ~are interationally finan'ed; '- Ths ion) under appropriatuardus 'bf-a&"'4 international flow of capital ihds otelk4' J&"4airy pressure tu those cou.t~iesc f paymontS 'tedX45~ orH. in oider to ezisble them to man i c ; policies for full and productive employment " :, In connction with the consideration of this item attention of dligaion vnm to th' inf aion pper issuedy the Secretariat at tbe begin of thspresent.Conference1t 4CON 2/5. 5 , ,.' ? . : *- .: .- : : -'.-i -
GATT Library
qt978cm4150
Annotated Agenda for chapter IV - Commercial Policy : Prepared by the Secretariat
United Nations Conference on Trade and Employment, December 2, 1947
Third Committee: Commercial Policy
02/12/1947
official documents
E/CONF.2/C.3/1 and E/CONF.2/C.3/1-1/ADD.44
https://exhibits.stanford.edu/gatt/catalog/qt978cm4150
qt978cm4150_90190001.xml
GATT_149
8,070
52,701
United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE E/CONF.2/C.3/1 ON DU 2 December 1947 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH THIRD COMMITTEE: GENERAL COMMERCIAL POLICY ANNOTATED AGENDA FOR CHAPTER IV - COMMERCIAL POLICY Prepared by the Secretariat This agenda relates to the Geneva. Draft of the Charter (documents E/PC/T/186 and E/PC/T/186/Corr.1) and is comprised of the notes to Chapter IV contained in that draft and all proposals received from delegations up to noon on Tuesday, 2 December. Each of the proposed amendments has been issued as a separate document as an addendum to E/CONF.2/1l. SECTION A -TARIFFS, PREFERENCES, AND INTERNAL TAXATION AND REGULATION Article16 - General Most-favoured-nation Treatment 1. The following note was appended to the Geneva Draft: The following kinds of customs action, taken in accordance with established uniform procedures, would not be contrary to a general binding of margins of preference: (i) the re-application to an imported product of a tariff classification or rate of duty, properly applicable to such product, in cases in which the application of such classification or rate to such product was temporarily suspended or inoperative on 10 April 1947: and (ii) the application to a particular commodity of a tariff item other than that which was actually applied to importations of that commodity on 10 April 1947, in cases in which the tariff law clearly contemplates that such commodity may be classified under more than one tariff item. 2. At Geneva the delegations of Chile and Lebanon reserved their position on this Article. The delegation of Argentina proposes (document 11/Add. 3) that paragraph 1 be rewritten as follows: "With respect to customs duties and charges of any kind imposed on or in connection with importation or exportation or to duties and dues imposed on the international transfer of payments for imports or exports and [with respect to] the method of [levying] imposing such E/CONF.2/C.3/1 Page 2 duties and charges and with respect to all rules and formalities in connection with importation and exportation and with respect to all matters referred to in paragraphs 1 and 2 of Article 18, any advantage, favour, privilege or immunity granted by any Member to any product originating in or destined for any other Member country shall be recorded [immediately and unconditionally] to the like product originating in or destined for all other Member countries respectively, on a reciprocal and mutually advantageous basis. "The above provisions shall not apply to any advantage, favour, privilege or immunity granted by a Member to any product originating in or destined for another Member country, provided that the Members concerned form a group of complementary economies co-operating on a compensatory basis and on a basis of equality.'' New paragraph 2. The delegations of Lebanon and Syria propose (document 11/Add.14) that the following paragraph should be inserted after paragraph 1: The provisions of paragraph 1 of this Article shall not prevent the conclusion of regional preferential tariff agreements designed to develop production in, and promote trade between, Members belonging to the same economic region. At Geneva the delegation of Cuba reserved its position in relation to preferences accorded by differential internal taxes. Paragraph 2. (c) The delegation of Peru proposes (document 1l/Add.22) the deletion of this sub-paragraph. Paragraph 2 (d) The delegation of Costa Rica proposes (document 11/Add.16) the addition of the following annex: "ANNEX G List of territories to which the preferential arrangements referred to in paragraph 2 (d) of Article 16 apply: Costa Rica El Salvador Guatemala Honduras Nicaragua" New paragraph (4) 1. The delegation of E1 Salvador proposes that the following paragraph be inserted after paragraph (3): ' "4. The provisions of the first paragraph of this Article shall not apply to such bilateral or multilateral preferences as are now in force /between E/CONF.2/C.3/1 Page 3 between the countries of Central America, including Panama, or may be granted in the future." The delegation's statement in support of this proposal appears in document 11/Add.10. 2. The delegation of Turkey has proposed (document 11/Add.25) that the following paragraph be inserted after paragraph 3: "The provisions of paragraph 1 of this Article shall not apply to such reciprocal preferences between countries formerly part of the Ottoman Empire and detached from it on 24 July 1923 as are set forth in treaties concluded by Turkey." Article 17 - Reduction of Tariffs and Elimination of Preferences GENERAL 1. The following note was appended to the Geneva Draft: The provisions of this Article do not prevent Members from concluding new, or maintaining existing, bilateral tariff agreements which are not incorporated in the General Agreement on Tariffs and Trade, provided that such agreements are consistent with the relevant principles of Article 17 and that the concessions made by a Member under such agreements are generalized to all members in accordance with Article 16. 2. At Geneva the delegation of Cuba reserved its position on this Article. Paragraph 1 1. The following note was appended to the Geneva Draft: The undertaking to negotiate regarding preferences necessarily implies that prior international commitments to grant particular preferences will not be permitted to frustrate the undertaking to negotiate. For this reason the provisions of sub-paragraph I (a) of the New York draft have been omitted from the Charter as being implicit. Obviously any agreement reached affecting preferences provided for in any prior commitment would require, in order to be implemented, such change in the latter as might be necessary to give effect to the agreement. This change would either have to be agreed between the parties to the prior commitment or, if they could not agree, the party wishing to make the change, in order to proceed, would have to terminate the prior commitment in accordance with its terms. 2. The delegation of Argentina proposes (document 11/Add.3) that the first lines of paragraph 1 be rewritten as follows: "Each Member shall [upon the request of the Organization] enter into and carry out with [such other Member or Members as the Organization may specify] the other Members negotiations directed to the [substantial] /progressive E/CONF. 2/C . 3/1 Page 4 progressive reduction of tariffs [and other charges on] hindering imports and exports----." 3. The delegation of Peru proposes (document 11/Add.22) that the following sub-paragraphs be inserted after sub-paragraph (b): "(c) the readjustment of custom duties by countries using specific rates on their tariffs, in order to compensate for a substantial depreciation of their currencies will not be considered as an increase of their tariffs; (d) due consideration shall be given to Article 13 which recognizes to devastated and under-developed countries the right to establish or maintain protective tariffs under appropriate circumstances." 4. In the last two lines of sub-paragraph (d) the words "General Agreement on Tariff Trade" should be replaced by "General Agreement on Tariffs and Trade". Paragraph 2 The delegation of Peru proposes (document 11/Add.22) the following amendments in paragraph 2 and the deletion of paragraph 3: "If any Member considers that any other Member has failed to fulfill its obligations under paragraph 1 of this Article, such Member may refer the matter to the Organization, which, after investigation by the Tariff Committee created under Article 81, shall make appropriate recommendations to the Members concerned. If the [Organization] Tariff Committee finds that [a] the Member has failed without sufficient justification, having regard to its economic position and the provisions of the Charter as a whole, to carry out negotiations within a reasonable period of time, in accordance with the requirements of paragraph 1 of this Article, the [organization may determine that any Member or Members shall, notwithstanding the provisions of Article 16, be entitled to withhold from the trade of the other Member any of the tariff benefits which may have been negotiated pursuant to paragraph 1 of this Article, and embodied in Part I of the General Agreement on Tariffs and Trade. If such benefits are in fact withheld, so as to result in the application to the trade of the other Member of tariffs higher than would otherwise have been applicable, such other Member shall then be free, within sixty days after such action is taken, to withdraw from the Organization upon the expiration of sixty days from the date on which written notice of such withdrawal is received by the Organization] Tariff Committee shall rule that such Member has failed to carry out its obligations under the Charter; and the Tariff Committee shall present to the Executive Board of the Organization its /recommendations E/CONF. 2/C. 3/1Page 5 recommendations on the extension of the benefits which shall be withheld from that Member by the Organization.The importance of such withheld benefits shall be in proportion to the damage inflicted upon the other Member, or Members. The Executive Board shall rule on the matter and the Member against which a decision will have been taken may apply to the provision of Chapter VIII." Article18 - National Treatment on Internal Taxation and Regulation At Geneva the delegation of Norway reserved its position on this Article and will submit proposals to the Committee. Paragraph 1 1. The delegation of the United Kingdom proposes (document 11/Add.8) that the first sentence should be amended as follows; The products of any Member country imported into any other Member country shall [exempt from] not be subjected, directly or indirectly, to any internal taxes [and] or other internal charges of any kind in excess of those applied [directly or indirectly] to like products of national origin. 2. The delegation of China proposes the deletion of the second and third sentences for reasons set forth in document 11/Add.9. 3. At Geneva the delegation of Chile reserved its position on the second and third sentences. 4. The delegation of Costa Rica proposes (document 11/Add.16) the addition of the following at the end of the first paragraph: "In all these cases it is to be understood that the equality of treatment clause shall apply when the tax levied on the merchandise is maintained or established on an ad valorem basis, provided that as regards the scale of taxation no distinction is made between national and foreign products on grounds of origin alone." 5. At Geneva the delegation of Cuba reserved its position and proposed a new paragraph permitting the exemption of domestic products from internal taxes for development purposes. 6. The delegation of Peru proposes (document -11/Add .22) that the following sub-paragraph be added to paragraph 1: "(b) As an exception to the provisions of paragraph (1) of Article 18, and with a view of carrying out proposals of the Charter exposed in Article 8, any enterprise may be exempt from internal taxes, for a period of....years, when created for the establishment of economically sound industries, in underdeveloped countries." Paragraph 3. At Geneva the delegation of Chile reserved its position. /Paragraph 4 E/CONF. 2/C.3/1 Page 6 Paragraph 4 1. The delegation of Argentina proposes (document 11/Add.3) that this paragraph be amended as follows: "The provisions of paragraphs 1, 2 and 3 of this Article shall not apply to: (a) Any internal quantitative regulation relating to cinematograph films and meeting the requirements of Article 19 and to any products deemed by the individual Member to be of national interest. (b) [Any other measures of] internal legislation and provisions [quantitative control] in force in any Member country on [1 July 1939 or 10 April 1947 at the option of that Member] on 21 November 1947; provided that...." 2. At Geneva the delegation of New Zealand reserved its position on sub-paragraph (b) pending further consideration. Paragraph 5 1. The delegation of China maintains the observation made provisionally at Geneva proposing the deletion of the words "or use in the production of goods for sale''. 2. The delegation of Argentina proposes that the first lines of paragraph 5 The provisions of this Article shall not apply to the [procurement] purchases of products by governmental agencies [of products purchased for governmental purposes and not for resale or use in the production of goods for sale], nor shall they prevent the payment..." Article 19 - Special Provisions Relating to Cinematograph Films GENERAL The delegation of Czechoslovakia has submitted the following observation (document 11/Add.5): "The delegation of Czechoslovakia is of the opinion that films being works of art are not just simple commercial commodities or industrial products. They are individualized creations of varying artistic talents. They are never sold in the form of a piece of merchandise whose ownership passes from one owner to the other but as more or less limited rights to exhibit then publicly in a given territory for a given period of time and hence fall rather under the category of copyrights. In this respect it is for instance obvious that one cannot request from one country, because it possesses twenty square feet or an original picture of Velasquez, that it should be obliged also to buy twenty square feet of any other oil painting of whatever nationality. The quality of films and tendencies of films /may greatly E/CONF. 2/C. 3/1 Page 7 may greatly change ,from one period to another and hence it should be stated that films should be explicitly excluded from the competence of the ITO, especially as the question of films is dealt with by the film division of the secretariat of the United Nations or UNESCO." Sub-paragraph (b) The delegation of the United Kingdom proposes (document 11/Add.8) that the word ''no" in the third line be deleted and that the last two lines be altered to read "shall not be allocated formally or in effect among sources of supply". Sub-paragraph ( c) 1. The delegation of the United Kingdom proposes (document 11/Add.8) the following changes: In line two replace "Members" by "any Member". In line four replace "conditions" by "requirements" In line six replace "national" by "specified". 2. The. delegation of Argentina proposes the deletion of the proviso (document 11/Add. 3). SECTION B - QUANTITATIVE RESTRICTIONS AND EXCHANGE CONTROLS Article 20 - General Elimination of Quantitative Restrictions At Geneva the delegation of Cuba reserved its position in view of the rejection of its proposal for excepting restrictions up to fifty percent of domestic consumption for promoting the maintenance, development or reconstruction of an industry. Paragraph 2 (a) 1. The delegation of Australia proposes the deletion of the word "temporarily", The following comments of the delegation of Australia appear in document 11/Add.11; "In the examination of this article which took place in Australia after the Geneva Conference the question was raised in relation to paragraph 2. (a) as to whether the period over which a critical shortage might exist would be such that the word "temporarily" would be inappropriate. A shortage might easily extend for two, three or more years, in which case it could hardly be said that a restriction necessary to meet these circumstances would be imposed temporarily. "It is assumed that the references to the term "critical" in the text of this sub-paragraph which were recorded in the minutes at the Preparatory Committee in Geneva (see Geneva document E/PC/T/A/PV.40(1)) will be preserved in the record of the proceedings of this conference." /2 The E/CONF. 2/C . 3/1 Page 8 2. The delegation of China proposes (document 11/Add.9) that the following be added to sub-paragraph (a): "provided that, in cases of restrictions, priority in supplying such foodstuffs or other products should be accorded to these Member countries which are in urgent need of them and whose domestic production is not substantial. If the commodity has many end uses, the decision as to which end use is the most important should be made by the importing country." Paragraph 2 (c) 1. The delegation of Peru proposes (document 11/Add. 22) the deletion of sub-paragraph (c) and the final sub-paragraph. 2. At Geneva the delegation of Chile reserved its position. 3. The following note was. appended to the Geneva Draft: The term "in any form in this paragraph covers the same products when in an early stage of processing and still perishable which compete directly with the fresh product and if freely imported would tend to make the restriction on the fresh product ineffective 4. The delegation of the United Kingdom proposes (document 11/Add.8) that the words "of the like domestic product" in lines two and three of sub-paragraph (i) be deleted and the same wordsafter inserted "quantities"it in line one. Paragraph 2 - New Sub-paragraph The delegations of China and Lebanon maintain their reservation, recorded in the Geneva Report, on paragraph 2 proposing to add a sub-paragraph (d) providing a procedure for releasing a Member, without the prior approval of the Organization, from the obligation to refrain from import restrictions when the industry in question is of vital importance. Paragrahph 2 - last sub-paragraph The fong note was appea Dndfd t q-Ira ges in relatThe productivepprodctiveecacac tos"tive .in3.c-hze oreign producers, or as betweenren,proas ducers or~ e ucers, but not psrocrducs artifilly broughty bv bu not hagefcialr mitted under the Charter.t hater, New paragrap gation of Argentina proposes (document 11/Add. 3)hthe insertionrtionier. ollowing paragraph aftge paragrapha 2:agra 2 tries which are at an early stage of industrial developmentdvelkpntnebioustrial rnoicrhh hh av ae d~ce etac edndindustrialization ah duizasuga all, in a onfromity - withthe s aw coo haebjectives setd oposves setrJie j hfis isChhater, nont orhIbfhcadrter,h be rhequire to apply te pgrarh 1 o sraoetap ofthArticle," , /Article 21 E/CONF.2/C. 3/1 Page 9 Article 21 - Restrictions to safeguard the Balance of Payments GENERAL The delegation of Belgium reserves its position as recorded in the Geneva Report pending examination of this Article by the Committee. Paragraph 2 1. The delegation of Australia maintains its reservation recorded in the Geneva Report against the text of paragraph 2 (b) on the ground that the present language does not accurately express the intended meaning, and intends to propose an amendment. 2. The delegation of Argentina proposes (document 11/Add. 3) that sub-paragraph (a) (i) be amended as follows: "to forestall the [imminent] threat of or to stop a [serious] decline in its monetary reserves..." Paragraph 3 (a) The delegation of Argentina proposes (document 11/Add.3) that the second sentence of sub-paragraph (a) be rewritten to read as follows: "During this period [the Organization shall, when required to take decisions under this Article or under Article 23 take full account of the difficulties of post-war adjustment and of the need which a Member may have to use] each Member may impose import restrictions [as a step towards the restoration of] in order to restore equilibrium in its balance of payments on a sound and lasting basis." Paragraph 3 (b) The following note was appended to the Geneva Draft: The phrase "notwithstanding the provisions of paragraph 2 of this Article" has been included in the text to make it quite clear that a Member's import restrictions otherwise "necessary" within the meaning of sub-paragraph 2 (a) shall not be considered unnecessary on the ground that a change in domestic policies as referred to in the text could improve a Member's monetary reserve position. The phrase is not intended to suggest that the provisions of paragraph 2 are affected in any other way. Paragraph 3 (c) The delegation of Argentina proposes (document 11Add.3) "the deletion of the last lines of sub-paragraph (ii) beginning with the words "or prevent compliance with" - Par r-4 The delegation of Argees ntina (propo/11/es document Add.3) that as be reu p rrarapwfolloww)flwen as os: imp"Aing restrictions nyndrtbr'osrA yicle erathis fgurtsllinaorri zation op phftnatuhe of s Orgeurhetiobplyments anceic-otiesf-oaomtiesnts difful ective mearuris whioh us cosaecondthreich have been applied. /and that E/CONF.2/C 3/1 Page 10 and that sub-paragraphs (b), (c), (d) and. (e) be deleted. Article 22 - Non-discriminatory Administration of Quantitative Restrictions Paragraphs 2, 3, 4, 5 The delegation of Argentina proposes (document 11/Add.3) the deletion of these four paragraphs. Paragraph 2 (d) The following note was appended to the Geneva Draft: The Preparatory Committee omitted the phrase establishing "commercial considerations" as a rule for the allocation of quotas, because it was considered that its application by governmental authorities might not always be practicable. Moreover, in cases where it was practicable, a Member could apply this consideration in the process of seeking agreement, consistently with the general rule laid down in the opening sentence of paragraph 2. Paragraph 3 (b) and (c) The delegation of Czechoslovakia has submitted the following comment (document 11/Add.5): "The delegation of Czechoslovakia, while not opposed to the principle of public notice, is of the view that too rigid a rule would have a restrictive effect upon the expansion of trade in general and that unlimited publicity should be requested only by those countries which have a predominant part of their trade with countries which themselves publish quotas." Paragraph 4 The Geneva Report draws attention to the note in connection with the last sub-paragraph of paragraph 2 of Article 20, which reads as follows: "'The term 'special factors' includes changes in relative productive efficiency as between domestic and foreign producers, or as between different foreign producers, but not changes artificially brought about by means not permitted under the Charter." Article 23 - Exceptions to the Rule of Non-discrimination GENERAL 1. At Geneva the delegations of Czechoslovakia, Chile and Norway recorded a reservation and now intend to submit proposals. 2. The delegation of Belgium reserves its position pending examination of this Article by the Committee. 3. The delegation of Czechoslovakia has submitted the following comment (document 11/Add.5) "In the opinion of the delegation of Czechoslovakia the Geneva text of this article does not take fully into account practical difficulties of the present period. Accordingly the delegation of -/Czechoslovakia E/CONF.2/C .3/1 Page 11 Czechoslovakia feels that the original wording as it was in Article 28 of the London and New York draft corresponds better to economic realities ." 4. The delegation of Argentina proposes (document 11/Add.3) that the whole of this Ariicle should be deleted end be replaced by the following: "Recognizing the principle of the non-discriminatory administration of quantitative restrictions established in Article 22, taking into account the fact that not all the countries signing this Charter are Members of the Initernational Monetary Fund and also the absence at present of any general and sound balance in international trade and payment, Member countries shall not be required to apply the principle of non-discrimination in correction with international payments until the above-mentioned conditions are fulfilled." Paragraph (1). The delegation of the United Kingdom proposes (document 11/Add.8) the following amendment in sub-paragraph (b) (ii): "the Member taking such action does not do so as part of any arrangement by which [the gold or convertible currency which the Member currently receives directly or indirectly from its exports to other Members not party to the arrangement is appreciably reduced] the Member's receipts from exports to other Members not party to the arrangement whose currencies are convertible are appreciably reduced below the level it could otherwise have been reasonably expected to attain;" Paragraph 3 The following note was appended to the Geneva Draft: The Preparatory Committee considered the question of whether it was necessary to make express reference in paragraph 3 of Article 23 to the need of the Organization to consult with the International Monetary Fund. It concluded that no such reference was necessary since such consultation in all appropriate cases was already required by virtue of the provisions of paragraph 2 of Article 24. Paragraph 5. (b). The delegation of Brazil maintains its reservation recorded in the Geneva Report pending discussion in the Committee. New paragraph 6 The delegation of France has proposed (document l1/Add.24) that the following paragraph be added to this Article: "6.- (a). The provisions of Article 22 shall not enter into force in respect of import restrictions applied by a Member pursuant to Article 21, in order to safeguard its external financial position and balance /of payments E/CONF.2/C.3/1 Page 12 of payments, and the provisions of paragraph 1 of Article. 20 and of Article 22 shall not enter into force in respect of export restrictions applied by a Member for the same reason, until 1 January 1949; Provided that this period may, with the concurrence of the Organization, be extended for such further periods as the latter may specify in respect of a Member whose supply of convertible currencies is inadequate to enable it to apply the above-mentioned provisions. "(b) If a measure taken by a Member in the circumstances referred to in sub-paragraph (a) of thls paragraph affects the commerce of another Member to such an extent as to cause the latter to consider the need of having recource to the provisions of Article 21, the Member having taken that measure shall, if the affected Member so requests, enter into immediate consultation with a view to arrangements enabling the affected contracting party to avoid having such recourse, and if special circumstances are put forward to justify such action, shall temporarily suspend application of the measure for a period of fifteen days." In support of this proposal the delegation of France has stated that this clause was inserted in the General Agreement on Tariffs and Trade and it is essential that it should be incorporated in the Charter so as to avoid any disparity in the two documents. Artic le 24 -Exchange Arrangements 1. The delegation of Belgium reserves its position pending examination of this Article by the Committee. 2. The delegation of Argentina proposes (doc11umentt /Add.3) the deletion of this Article. Paragraph 2 1. The delegation of Australia proposes that the words "accept the determination" in the eleventh line be replaced by "give special weight to the opinions". The delegation of Australia states that it accepts wholeheartedly the need for the closest possible co-operation between the International. Trade Organization and the International Monetary Fund in matters that are of common concern to both bodies, but it does not believe that the way to achieve this co-operatoion is t make one body subservient to the other. The points given by the delegation of Australia in supportof this proposal are set out in document 11/Add.11. 2. At Geneva the delegation of New Zealand recorded a reservation of the last sentence of paragraph 2. /Paragraph 4 E/CONF.2/C 3/1 Page 13 Paragraph 4 The following note was appended to the Geneva Draft: The word "frustrate" is intended to indicate, for example, that infringements by exchange action of the letter of any Article of this Charter shall not be regarded as offending against that Article , in practice, there is no appreciable departure from the intent of the Article. Thus a Member which, as part of its exchange, control, operated in accordance with the Articles of Agreement of the International Monetary Fund, required payment to be received for its exports in its own currency or in the currency of one or more members of the International Monetary Fund would not thereby be deemed to be offending against Article 20 or Article 22. Another example would be that of a Member which specified on an import license the country from which the goods might be imported for the purpose not of introducing any additional element of discrimination in its import licenses but of enforcing permisaible exchange controls. /SECTION C E/CONF.2/C. 3/1 Page 14 SECTION C - SUBSIDIES Article 25 Subsidies in General Article 26 - Additional Provisions on Export Subsidies GENERAL The delegation of Cuba will submit a statement regarding its reservation on this Article. Paragraph 3 The delegation of Argentina proposes (document 11/Add.3) the deletion of most of this paragraph beginning with the word "but" in the third line. Article 27 - Special Treatment of Primary Commodities Paragraphs 2 and 3 The delegation of Argentina proposes (document 11/Add.3) the deletion of these two paragraphs. Paragrarh 3 At Geneva the delegation of the United States reserved its position on paragraph 3 of Article 27 and on Article 28. Article 28 - Undertaking Regarding Stimulation of Export GENERAL 1. The delegation of Argentina proposes (document 11/Add.3) the deletion of this Article. 2. At Geneva the delegation of the United States reserved its position on this Article as noted above. 3. The Committee may wish to re-examine the Article references contained in the first three lines of Article 28. For example, the qualification regarding the use of export subsidies contained in Article 28 would not seem applicable to paragraph 1 of Article 26, which in fact establishes a general prohibition of export subsidies. Also it is not clear that Article 28 can apply in the case of paragraph 2 of Article 26, since the payments referred to in the latter paragraph "shall be considered as a case under Article 25" (to which Article 28 does not refer) while "excess payments" are subject to the general prohibition contained in paragraph 1 of Article 26. On the other hand, it may be considered desirable to extend the qualification contained in Article 28 to apply to paragraph 4 of Article 26, since a subsidy applied by a Member under this paragraph, whilst doing no more than offset a subsidy granted by a non-Member, might, in certain circumstances, have the effect of increasing the Membe's share of world trade in the product concerned. /Article 29 E/CONF.2/C.3/1 Page 15 Article 29 - Procedure The delegation of Argentina proposes (document 11/Add.3) the deletion of this Article. SECTION D - STATE TRADING Article 3O - Non-discriminatory Treatment GENERAL The delegation of Argentina proposes (document 11/Add.3) the deletion of this Article. Paragraph 1 The following note was appended to the Geneva Draft: The operations of Marketing Boards, which are established- by Members and are engaged in purchasing or selling, are subject to the provisions of sub-paragraphs (a) and (b). The activities of Marketing Boards which are established by Members and which do not purchase or sell but lay down regulations covering private trade are governed by the relevant Articles of this Charter. The charging by a State enterprise of differenct prices for its sales of a product in different markets is not precluded by the provisions of this Article, provided that such different prices are charged for commercial reasons, to meet conditions of supply and demand in export markets. The delegation of belgium reserves its position on this note and will propose an amendment. (In the Geneva Report the Belgian reservation was related by mistake to sub-paragraph (a).) Paragraph 1 (a) 1. The following notew as appended to the Geneva Draft: Governmental measures imposed to ensure standards of quality and efficiency in the execution of external trade, or privileges ranted for the exploitation of national natural resources but which do not empower the government to exercise control over the trading activites of the enterprise in question, do not constitute "exclusive or special privileges". 2. The delegation of the United Kingdom propose um cument (dent/Add.8) to replace "appl iedin this Charter to governmental measures" in lines eight and nine " byprescribed in this Charter for governmental measures". Paragraph 1 (b) 1. The following note was appended to the Geneva Draft: A country receiving a "tied loan" is free to take this /loan E/CONF.2/C.3/1 Page 16 loan into account as a "commercial consideration" when purchasing requirements abroad. 2. The delegation of the United Kingdom proposes (document 11/Add.8) to replace the word "prices" in line seven by "price". Paragraph 2 The following note was appended to the Geneva Draft: The term "goods" is limited to products as understood in commercial practice, and is not intended to include the purchase or sale of services. . Article 31 Expansion of Trade .... - GENERAL. 1.The delegation of Argentina proposes (document /Add.3) :te deletion of this Article. 2. The following note was appended to the Geneva Draft: ThePreparatory Committee deleted Article 33, as given in the Report of the First Session. In revising the text of Article 32 (now Article 31), of the New York draft, the Preparatory Committee aimed. at producing a text sufficiently flexible to permit any appropriate negotiations with.Member wbih maintains a complete or substantially complete monopoly of it.xternal trade. However, since no representative of such a country attended the sessions of the Preparatory Committee, the question whether the present Article 31 provides an adequate basid s for pd articipation by such a country, in the rights anobligations of the Charter remains open for discussion at the WorldConference. Arising out of a proposal by the New Zealand Delegation to make an addition to the previous textof Article 33, the Preparatory Committe considered the special problems that might be created for Members which, as a result of their programmes of full employment, maintenance of high and rising levels of demand .d economic development, find themselves faced with a high level of.emand for imports, and in consequence maintain quantitative regulation of their foreign trade. In the opinion of the Preparatory Committee the present text of Article 21, together with the provlsion for export controls in certain parts of the Charter, e.g. in Article 43, fully meet the position of these economies. At Geneva the delegation of New Zealand reserved the position of its Government on this question /Paragraph 3 E/CONF.2 /C.3/1 Page17 Paragraph 3 The following note was appended to the Geneva Draf: If the maximum import duty is not bound by negotiations according to sub-pargraph 2 (a) the Member is free to change at any time the declared maximum import duty, provided such change is made public or notified to the Organization. Paragraph 4 The following note was appended to the Geneva Draft: With reference to the second proviso, the method and degree of adjustment to be permitted in the case of a primary product that is the subject of a domestic price stabilization arrangement should normally be a matter for agreement at the time of the negotiations under sub-paragraph (a) of paragraph 2. Paragraph 6. The delegation of Mexico proposes to delete the word "or" which appears before the word "revenue" and to insert the words "or public service" after the word "revenue". (Document .11/Add.1). /SECTION E E/CONF.2/C.3/1 Page 18 SECTION E - GENERAL COMMERCIAL PROVISIONS Article 32 - Freedom of Transit GENERAL At Geneva the Chilean Delegation maintained, for the time being, the view that Article 32 should be confined to goods only, in which case the words "and also vessels and other means of transport" in paragraph 1 should be deleted, and in consequence reserved its position. Paragraph 1 The delegation of Argentina proposes (document 11/Add.3) the deletion of the phrase "and also vessels and other means of transport," which appear in the first lines of this paragraph. Paragraph 2 The delegation of Argentina proposes (document 11/Add.3) the deletion of this paragraph. Paragraph 5 The following note was appended to the Geneva Draft: 'With regard to transport charges, the principle of paragraph 5 refers to like products being transported on the same route under like conditions." Paragraph 6 The delegation of France has proposed (document 11/Add.24) that all the words after the word "Charter" in line eleven should be deleted. The following statement is given in support of this proposal: "As the delegation of France pointed out during the discussions at Geneva, the French Government is not, in present circumstances and having regard to the state of French ports, in a position to amend its legislation to bring it into conformity with the provisions of paragraph 6. It therefore requests that the exception granted in in respect of certain special regulations be made general." New Paragraph (6) The delegation of Costa Rica proposes (document 11/Add.16) the addition of the following new paragraph: "8. Livestock which has to graze for more than days in the territory of a State before proceeding to its final destination shall not be considered as being in transit." Article 33 - Anti-dumping and Countervailing Duttes GENERAL 1. The delegations of Cuba and Lebanon maintain their view, recorded in the Geneva Report, that they would prefer to introduce this Article by an express statement of condenmation of dumping. /2. The delegation of E/CONF.2/C.3/1 Page 19 2. The delegation of Argentina proposes (document 11/Add.3) that this and its title be replaced by the following: "PREVENTION OF DUMPING. The Members condemn the practice of dumping and recognize the need to resort to every means possible for combatting it. They undertake to spare no effort to that end. The Organization shall undertake studies and inquiries to provide information on dumping and shall communicate the results of such inquiries to Members, so that the latter may adopt such counter-measures as they think fit." 3 The delegation of China proposes (document 11/Add.9) that the following be adopted as the first paragraph of this Article: "No dumping of any product of any Member country into any other Member country shall be made. Each Member country shall undertake by. effective measures appropriate to its governmental system to prevent the dumping of any of its products into the territories of any other Member country. If, in spite of the obligation undertaken under this provision, dumping still takes place, the Member country into the territories of which the products of any other Member country are being dumped shall be free to impose anti -dumping duties on such products or to take other appropriate measures to deal with the situation." Paragraph 1 The following note is appended to the Geneva Draft: "Hidden dumping by associated houses (that is, the sale by the importers at a price below that corresponding to the price invoiced. by the exporter with which the importer is associated, and also below the price in the exporting country) constitutes a form of price - dumping." Paragraph. 2 The following note is appended toe the Gneva Draft: "Multiple currency practices may in'certain circumstances constitute a subsidy to exports which can to met by countervailing duties under paragraph 2 or may constitute a form of dumping by means of a partial depreciation of a c'sountry currency which can be met by action under para1 graph of this Article. By multiple currency. practices" is meant practices by governments or sanc tionedby governments." Paragraph 5 The following note was apended to the Geneva. Draft: "The delegations of Belgium-Luxemburg, Czechoslovakia, France and the Netherlands expressed the fear that abuses might be committed under cover of the provisions of paragraph 5 regarding the threat of injury of which a State might take advantage on the pretext that it intended /to establish E/CONF.2/C.3/1 Page 20 to establish some new domestic industry in the more or less distant future. It is considered, however, that, if such abuses were committed, the general provisions of the Charter would be adequate to deal with them." Paragraph 6 1. At Geneva paragraph 6 was added to the previous draft of this Article. The Delegations of China, India and Pakistan maintain their opposition, recorded in the Geneva Report, to the addition of this paragraph. 2. The following note was appended to the Geneva Draft: "The obligations set forth in paragraph 6 are, as in the case of all other obligations under Chapter IV, subject to the provisions of Article 40." Article 34 - Valuation for Customs Purposes Paragraph 2 1. The following note was appended to the Geneva Draft: "The Preparatory Committee considered the desirability of replacing the words 'at the earliest practicable date' by a definite date or, alternatively, by a provision for a specified limited period to be fixed later. The Committee appreciated that it would not be possible for all Members to give effect to these principles by a fixed time, but it was nevertheless understood that & majority of the Members would give effect to them at the time the Charter enters into force. 2. The delegation of Argentina proposes (document 11/Add.3) the deletion of the words "upon a request by another Member" from the second sentence. Paragraph 3 1. The following notes were appended to the Geneva Draft: (a) It would be in conformity with Article 34 to presume that "actual value" may be represented by the invoice price, plus any non-included charges for legitimate costs which are proper elements of "actual value" and plus any abnormal discount or other reduction from the ordinary competitive price. (b) It would be in conformity with Article 34, 3 (b), for a Member to construe the phrase "in the ordinary course of trade", read in conjunction with "under fully competitive conditions", as excluding any transaction where in the buyer and seller are not independent of each other and price is not the sole consideration. (c) The prescribed standard of "fully competitive conditions" permits Members to exclude from consideration distributors' prices which involve special discounts limited to exclusive agents. (a) The wording of (a) and (b) permits a Member to assess duty uniformly either (1) on the basis of a particular exporter's prices of the imported merchandise, or (2) on the basis of the general price level of like merchandise. /2. At Geneva Page 21 E/CONF.2/C.3/1 2. At Geneva the delegation of Chile reserved its position on this paragraph. Paragraph 5 The delegation of Argentina proposes (document 11/Add.3) the deletion of this paragraph. Article 35 - :Formalities connected with Importation and Exportation Paragraph 1 1. The delegation of Argentina proposes (document 11/Add.3) that the first lines be amended as follows: "The Members recognize that [fees and charges, other than duties,] dues imposed by governmental authorities...." 2. The delegation of Argentina proposes (document 11/Add.3) that the words "...fees and charges..." in the second sentence be replaced by the word dues". Paragraph 5 1.The following note was appended to the Geneva Draft: 'While Article 35 does not cover the use of multiple rates of exchange as such, paragraph 1 and 5 condemn the use of exchange taxes or fees as a device for implementing multiple currency practices; if, however, a Member is using multiple currency exchange fees for balance of payments reasons with the approval of the International Monetary Fund, the provisions of paragraph 2 fully safeguard its position since that paragraph merely requires that the fees be eliminated at the earliest practicable date." 2. The delegation of Argentina proposes (document 11/Add. 3) that the words. "fees, charges" be replaced by the word "dues". Article 36 - Marks of Origin GENERAL The delegation of Argentina proposes (document 11/Add.3) that this Article be deleted. Paragraph 7 At Geneva: the delegation of Chile reserved its position. Article 37 -Publication and Administration of Trade Regulations. Paragraph 3 (c) 1. The delegation of Argentina proposes (document 11/Add.3) that the last part of the last sentence beginning with the words "in order that.." be deleted. 2. The delegation of New Zealand proposes that the last of this sub-paragraph, namely, "and those of sub -paragraph (b)" should be deleted.. The following explanatory note appears in document 11/Add.6: /The above amendment E/CONF.2/C.3/1 Page 22 The above amendment is to bring the provision in the Charter into line with the corresponding provision included in Article X of the General Agreement on Tariffs and Trade. The reference in question to sub-paragraph (b) was made inadvertently, the original intention having been to refer to sub-paragraph (a) in conformity with the decision of the sub-committee which dealt with the matter at the Second Session of the Preparatory Committee. Attention to the position was called by the Legal Drafting Committee of the Trade Agreements Committee when considering the corresponding provision to be included in the General Agreement on Tariffs a and Trade. Upon consideration by the Trade Agreements Committee it was decided that since sub-paragraph (a) sets out a general principle to which all members must subscribe there is no purpose in making reference to it in sub-paragraph (c) and the words "and those of sub-paragraph (b)" were accordingly deleted from the provision included in the General Agreement on Tariffs and Trade. This proposal is supported by the delegation of the United Kingdom (document 11/Add..8). Article 38 - Information, Statistics and Trade Terminology Article 39 - Boycotts The delegations of Lebanon and Syria propose (document 11/Add.14) the following amendments: 1.No member shall encourage, support or participate in boycotts [or other], whether by governmental measures or by popular compaigns, [which are] designed to discourage, directly or indirectly, the import into or consumption within its territory of products of any specific Member country or countries on grounds of origin, or the export or sale of products for consumption within other Member countries on grounds of destination, or the transit of products on grounds of origin or destination. 2.Nothing in paragraph 1 of this Article or in the other provisions of this Charter shall prevent a Member from engaging in boycotts designed to protect its national security or to safeguard its essential national interests. SECTION F - SPECIAL PROVISIONS Article 40 - Emergency Action on Imports of Particular Products Paragraph 2 The delegation of Argentina proposes (document 1l/Add.3) that the first words of the last sentence be amended as follows: "In [critical] circumstances where any delay...." /Paragraph 3 (a) E /CONF.2/C.3/1 Page 23 Paragraph 3 (a) The delegation of Argentina proposes (document 11/Add.3) the deletion of the last words of this sub-paragraph, namely "the suspension of which the Organization does not disapprove." Article 41 - Consultation Article 42 - Territorial Application of Chapter IV - Frontier Traffic - Customs Unions The following note was appended to the Geneva Draft: "Paragraph 4 of the text of the former Article 38 proposed by the New York Drafting Committee has been deleted since the subject dealt with therein is covered by the new Article 15 and by Article 74. The delegation of Chile favoured its retention pending the World Conference." Paragraph 2 1. The delegation of Argentina proposes (document 11/Add.3) the deletion of the words "in order to facilitate frontier traffic in sub-paragraph (a). 2. The delegation of the United Kingdom proposes (document 11/Add.8) that the first proviso in sub-paragraph (b) should begin as follows. "Provided that the duties and other regulations of commerce imposed [by] at the institution of, or any margins of preference maintained by, any such union or agreement in respect of trade with. Members of the Organization, shall not....." 3. The delegation of Argentina proposes (document 11/Add.3) the addition. of the following sub-paragraph: "(c) The formation of a group of complementary economies co-operating on a compensatory basis and on the basis of equality of treatment. 4. The delegation of Lebanon and Syria propose (document 11/Add.14) the addition of the following sub-paragraph: "(c) The formation of a free trade area by the conclusion of a free trade agreement involving the substantial elimination of tariffs and other restrictive regulations of commerce between Members belonging to the same economic region." Paragraph 3 (a) The delegation of Argentina proposes (document 11/Add.3) that the words shalll consult with the Organization and shall make available to it such information" be replaced by "may consult with the Organization and, in that case, shall make available to the Organization such information". Paragraph 3 (b) and (c) The delegation of Argentina proposes (document 11/Add.3) that these two sub-paragraphs be deleted. /Article 43 - General E/CONF. 2/C.3/1 Page 24 Article 43 - General Exceptions to Chapter IV The delegations of India and Pakistan maintain the views recorded in the Geneva Report, that a Member should be allowed temporarily to discriminate against the trade of another Member when this is the only effective measure open to it to retaliate against discrimination practiced by that Member in matters outside the purview of the Organization, pending a settlement of the issue through the United Nations. Paragraph 1 The note by the delegation of Norway, recorded in the Geneva Report, has The delegation of Australia reserves its position pending an interpretation of this sub-paragraph in relation to certain restrictions which the Australian Government imposes. The delegatoi of Argentina proposes (document 11/Add.3) the deletion of the last-part of this sub-paragraph beginning with the words "during periods" The delegation of Argentina proposes (document 11/Add.3) the deletion of the proviso. Sub-paragraph lI (b) The deIegation of Norway suggested at Geneva that provisions relating to ?? price regulations - ought to be included in the Charter and now intends to submit a proposal to the Committee. Sub-paragraph II (c) The delegation of Argentina proposes (document 11/Add.3) the deletion of the proviso. Final paragraph The delegatlon of Argentina proposes (document 11/Add.3) the deletion NEW ARTICLE IN SECTION F The delegation of Switzerland has proposed (document 11/Add.12.) that the following new paragraph be added to Section F: A M ember ,unable to invoke the provisions of Article 21 and finding that its economic stability, particularly in the fields of agriculture or employment, is being seriously impaired or gravely threatened, may take such steps as are necessary for safeguarding its vital interests."
GATT Library
gz433fy1437
Annotated Agenda : Prepared by the Secretariat for discussion of Chapter V of the Draft Charter
United Nations Conference on Trade and Employment, December 8, 1947
Fourth Committee: Restrictive Business Practices
08/12/1947
official documents
E/CONF.2/C.4/4 and E/CONF.2/C.4/1-25
https://exhibits.stanford.edu/gatt/catalog/gz433fy1437
gz433fy1437_90190645.xml
GATT_149
4,401
30,631
United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE E/CONF.2/C.4/4 ON DU 8 December 1947 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH FOURTH COMMITTEE: RESTRICTIVE BUSINESS PRACTICES ANNOTATED AGENDA Prepared by the Secretariat for Discussion of Chapter V of the Draft Charter This agenda incorporates comments as indicated in the footnotes to the Report of the Second Session of the Preparatory Committee and the proposals reported to the Secretariat by delegations by 6.00 p.m., Saturday, 6 December 1947. Where possible underlining has been used to indicate proposed additions, and square brackets to indicate proposed deletions. CHAPETPUR V. RESTRICTIVE BUSINESS PRACTICES Article 44 General Policy Towards Restrictive Business Practices Paragraph 1 1. The delegation of Argentina proposes the revision of this paragraph as follows: - (E/CONF.2/11/Add. 3). "Each Member shall take appropriate measures, [individually or through the Organization or in both ways], to prevent business practices affecting international trade [(whether engaged in by primate or public commercial enterprises)] which restrain competition, limit access to markets, or foster monopolistic control, whenever such practices have harmful effects on the expansion of production or trade and interfere with the achievement of any of the other objectives set forth in Article l." 2. The delegation of Ceylon proposes the addition of the following words to this paragraph (E/CONF.2/C.4/1/Add.3). "1. Each Member shall take appropriate measures, individually or through the Organization or in both ways, to prevent business practices affecting international trade, or the provision of services such as banking, insurance, transportation and telecommunication, which are -intimately connected with international trade, (whether engaged in by private or public commercial enterprises) which restrain competition, limit access to markets or foster monopolistic control, whenever such /practices E/CONF.2/C.4/4 Page 2 practices have harmful effects on the expansion of production or trade and interfere with the achievement of any of the other objectives set forth in Article 1." 3. The delegation of Czechoslovakia proposes that the following words be inserted in this paragraph (E/CONF.2/C.4/Add.4). "1. Each Member shall take appropriate measuress, individually or through the Organization, or in both ways, to prevent business practices, resulting from agreements between enterprises, affecting international trade (whether engaged in by private or public commercial enterprises) which restrain competition, limit access to markets, or foster monopolistic control, whenever such practices have harmful effect on the expansion of production or trade and interfere with the achievement of any of the other objectives set forth in Article 1." 4. The delegation of Mexico proposes the revision of this paragraph as follows: (E/CONF.2/C.4/1/Add.5) "1. SubJect to the provisions of paragraph 4 of this article, each Member shall take appropriate measures individually or through the Organization or in both ways, to prevent business practices affecting international trade [(whether engaged in by private or public commercial enterprises)] which restrain competition, limit access to markets, or foster monopolistic control, whenever such practices have harmful effects on the expansion of production or trade and interfere with the achievement of any of the other objectives set forth in Article 1. " 5. The delegation of Norway reserved its final position in regard to this Article in Geneva (Report of the Second Session of the Preparatory Committee, footnote page 58). That delegation is now proposing the revision of paragraph 1 of this Article as follows: (E/CONF.2/C.4 /1/Add.6) "1. Each Member shall take appropriate measures, individually or through the Organization or in both ways, to prevent business practices affecting international trade (whether engaged in by private or public commercial enterprises) which restrain competition, limit access to markets, or foster monopolistic control, whenever [such practices have harmful effects on the expansion of production or trade and interfere with the achievement of any of the other objectives set forth in Article 1.] .-- a). uch practices are engaged in omzr ae effectev y ' -oe- r more private or public commercial enterprisesr r- y.a combination, agreements or other arrangement between commercial enterprises, wheth r-between private commercial enterprises, between public commercial enterprises or between private and public commercial /enterprises E/CONF.2/C.4/4 Page 3 enterprises when such commercial enterprises, individually or collectively, possess effective control of trade between two or more countries in one or more products; and (b) the practices have harmful effects on the expansion of production or trade and interfere with the achievement of any of the other objectives set forth in Article 1."* Paragraph 2 6. The delegation of Argentina proposes the following amendment to this paragraph: (E/CONF.2/11/Add.3) "Without limiting the generality of paragaph 1 of this Article, and in order that the Organization may [decide] investigate in a particular instance whether certain practices have or are about to have any of the effects described in paragraph 1 of this Article, the Members agree that complaints regarding any of the practices listed in paragraph 3 of this Article shall be subject to investigation in accordance with the procedure regarding complaints provided in Articles 45 and 47, whenever". 7. The delegation of Italy proposes that in this paragraph the word "establish" be substituted for the word "decide". (E/CONF.2/C.4/1/Add.2) "Without limiting the generality of paragraph 1 of this Article and in order that the Organization may [decide] establish in a particular instance whether certain practices have or are about to have any of the effects described in paragraph 1 of this Article, the Members agree that complaints regarding any of the practices listed in paragraph 3 of this Article shall be subject to investigation in accordance with the procedure regarding complaints provided in Articles 45 and 47, whenever". 8. The delegation of Mexico proposes the following revision of this paragraph: (E/CONF.2/C.4/1/Add.5) "2. Without limiting the generality of paragraph 1 of this Article, and in order that [the Organization may decide] it may be decided in a particular instance whether certain practices have or are about to have any of the effects described in paragraph 1 of this Article, the Members agree that complaints regarding any of the practices listed in paragraph 3 of this Article shall, subject to the provisions of paragraph 4 of this Article, be subject to investigation in accordance with the procedure regarding complaints provided in Articles 45 and 47, whenever." 9. The delegation of Norway proposes that the following words be added at the end of this paragraph: (E/CONF.2/C.4/1/Add.6) * See page 13 for amendments No. 5A and 5B proposed by the delegation of /"2. Without E/CONF.2/C.4/4 Page 4 "2. Without limiting the generality of paragraph 1 of this Article, and in order that the Organization may decide in a particular instance whether certain practices have or are about to have any of the effects described in paragraph 1 of this Article, the Members agree that complaints regarding any of the practices listed in paragraph 3 of this Article, shall be subject to investigation in accordance with the procedure regarding complaints provided in Articles 45 and 47, whenever such complaint is presented to the Organization;" 10. Sub-paragraph (a): No comments. 11. Sub-paragraph (b): The delegation of Argentina proposes the revision of the sub-paragraph (b) as follows: (E/CONF.2/11/Add.3) "(b) the practices are engaged in or are made effective by one or more private [or public] commercial enterprises or by a combination, agreement or other arrangement between commercial enterprises whether between private commercial enterprises, [between public commercial enterprises, or between private and public commercial enterprises] and". 12. The delegation of Mexico proposes the deletion of the following words: (E/CONF.2/C.4/1/Add.5) "(b) the practices are engaged in or are made effective by one or more private [or public] commercial enterprises [or by a combination, agreement or other arrangement between commercial enterprises, whether between private commercial enterprises, between public commercial enterprises, or between private and public commercial enterprises and". 13. Sub-paragraph (c): The delegation of Ceylon proposes that the following words be inserted at the end of this paragraph: (E/CONF.2/C.4/1) "(c) such commercial enterprises, individually or collectively, possess effective control of trade between two or more countries in one or more products, or possess effective control of the provision in one or more countries of a service, such as banking, insurance, transportation or telecommunication, which is intimately connected with international trade". Paragraph 3 14. Sub-paragraph (a): The delegation of Ceylon proposes the addition of the following words at the end of this paragraph (E/CONF.2/C.4/1): "(a) fixing prices or terms, or conditions to be observed in dealing with third parties, in the purchase, sale or lease of any product; or in the provision of a service, such as banking, insurance, trasportation or telecommunication, which is intimately connected with international trade". /15. Sub-paragraph E/CONF.2/C.4/4 Page 5 15. Sub-paragraph (b): No comments. 16. Sub-paragraph (c): The delegation of Afghanistan proposes that the following words be inserted at the end of this paragraph (E/CONF.2/C.4/Add.7): "(c) discriminating against particular enterprises including the discriminatory establishment of exclusive agencies, detrimental to a Member's economy." 17. The delegation of Argentina proposes that the word "other" be inserted in sub-paragraph (c) (E/CONF.2/11/Add.3): "(c) discriminating against other particular enterprises". 18. Sub-paragraph (d): No comments. 19. Sub-paragraph (e): No comments. 20. Sub-paragraph (f): No comments. 21. Sub-paragraph (g): The delegation of Mexico proposes the revision of this sub-paragraph as follows (E/CONF.2/C.4/1/Add.5): "(g) any similar practices which the Organization may from time to time decide are restrictive business practices, subject to the provisions of paragraph 4. 22. The delegation of Greece proposes that the following new paragraph be inserted as a paragraph between paragraphs 3 and 4, or as an explanatory note to paragraph 3 of this Article (E/CONF.2/C.4/1): "The provisions of paragraph 2 of this article shall not, however, be construed as referring to all practices involving the fixing of prices, or terms, or conditions of sale in cases where such practices are intended not to establish barriers to international trade, but to stabilize domestic prices and the income of national producers." Paragraph 4 23. The delegation of Argentina proposes the deletion of this paragraph (E/CONF.2/11/Add.3): ["In this Chapter the term 'public commercial enterprises' means (a) trading agencies of governments, and (b) enterprises mainly or wholly owned by public authority and over which there is effective control by public authority, including control of engagement in a practice listed in paragraph 3 of this Article. The term 'private commercial enterprises' means all other commercial enterprises".] 24. The delegation of Mexico proposes that the following be substituted for the present text of this paragraph (E/CONF.2/C.4/1/Add.5) : "For the purposes of this Chapter, the term 'monopolistic practices' shall be understood to mean practices adopted or attempted /by private E/CONF.2/C.4/4 Page 6 by private enterprises or by combinations of private enterprises, whether of producers, buyers or sellers. The term shall not include State enterprises or enterprises of social interest or of interest to the State operating under legal provisions of Member countries. Nor shall this Chapter be regarded as including such of the practices as are refferred to therein which are authorized by the constitutional or basic legislation in force in Member countries and by regulations resulting from such legislation." Article 45 Procedure with Respect to Investigations and Consultations Paragraph 1 25. The delegation of Argentina proposes the revision of this paragraph as follows (E/CONF.2/Add.3): "The Organization shall arrange, if it considers such action to be justified on the basis of information submitted by the Members concerned, for particular Members to take part in a consultation requested by any affected Member which considers that in any particular instance a practice exists [(whether engaged in by private or public commercial enterprises)] which has or is about to have the effect described in paragraph 1 of Article 44." 26. The delegation of Mexico proposes the revision of this paragraph as follows (E/CONF.2/C.4/1/Add. 5): "1. The Organization shall arrange, if it considers such action to be Justified on the basis of information submitted by the Members concerned, for particular Members to take part in a consultation requested by any affected Member which considers that in any particular instance a practice exists [(whether engaged in by private or public commercial enterprises)] which has or is about to have the effect described in paragraph 1 of Article 44. The Members invited to take part in a consultation shall be chosen in equal number from each group proposed for this purpose by the parties affected by the dispute." Paragraph 2 27. The delegations of Argentina (E/CONF.2/11/Add.3) and Mexico (E/CONF.2/C.4/1/Add.5) propose the deletion of the last part of this paragraph: "2. A complaint may be presented in writing to the Organization by any affected Member on its own behalf or by any Member on behalf of any affected person, enterprise or organization within that Member's jurisdiction; [provided that in the case of a complaint against a single special commercial enterprise acting independently, such /complaint E/CONF.2/C.4/4 Page 7 complaint may be presented only by a Member on its own behalf and only after the Member has resorted to the procedure under paragraph 1 of this Article]". Paragraph 3 28. No comments. Paragraph 4 29. The delegation of Mexico proposes the revision of this paragraph as follows (E/CONF.2/C.4/1/Add.5): "4. The Organization shall consider each complaint presented in accordance with paragraph 2 of this Article. If the Organization deems it appropriate it shall request Members concerned to furnish supplementary information, for example, information from commercial enterprises within their jurisdiction. After reviewing the relevant information the Organization, after hearing the opinion of the Members referred to in the final part of paragraph 1 of this Article, [shall decide7 shall form an opinion as to whether an investigation is justified. Paragraph 5 30. The delegation of Mexico proposes the following changes (E/CONF.2/C.4/1/Add.5): "5. [If the Organization decides] if, in accordance with the foregoing paragraph, it is considered that an investigation is justified, it shall notify all Members of the complaint, request any Member to furnish such additional information relevant to the complaint as the Organization may deem necessary, and shall conduct or arrange for hearings on the complaint.. Any Member, and any person, enterprise or organization on whose behalf the complaint has been made, as well as the commercial enterprises alleged to have engaged in the practice complained of, shall be afforded reasonable opportunity to be heard." Paragraph 6 31. The delegation of Italy proposes that the word "establish" be substituted for the word "decide" (E/CONF.2/C.4/1/Add.2): "6. The Organization shall review all information available and [decide] establish whether the practices in question have had, have or are about to have the effect described in paragraph 1 of Article 44". 32. The delegation of Mexico proposes that the paragraph be reworded as follows (E/CONF.2/C.4/1/Add.5): "6. The Organization shall review all information available and decided7 make recommendations based on the opinions presented by the Members referred to in paragraph 1 as to whether the practices in /question E/CONF.2/C.4/4 Page 8 question have had, have or are about to have the effect described in paragraph 1 of Article 44." Paragraph 7 33. The delegation of Argentina proposes the following amendment to this paragraph (E/CONF.2/11/Add.3): "The Organization shall notify all Members of [its decision and the reasons therefore] the result of the investigation made." 34. The delegation of Italy proposes the following changes in this paragaph (E/CONF.2/C.4/1/Add.2): "The Organization shall notify all Members of its [decision] establishment and the reasons therefore." 35. The delegation of Mexico proposes the revision of this paragraph as follows (E/CONF.2/C.4/1/Add.5): "7. The Organization shall notify all Members of [its decision] the recommendations referred to in the previous paragraph and the reasons therefore". Paragraph 8 36. The delegation of Argentina proposes that the word "Considers" be substituted for the word "Decides" (E/CONF.2/11/Add.3): - "If the Organization [decides] considers that in any particular case the practices complained of have had, have or aee about to havp the effect described in paragraph 1 of Artllle 44, it shaJU request each Member cencerned to taka every possible remedial action, and may also recommend-to the Members concerned re edial measures-to be carried out in accordance with their respective laws and procedures". 37. The delegation of Italy proposes the following changes in this paragraph (E/CONF-2/C.4/l/Add.2): . rIf-the Organization / ecides7 established that in any particular case the practices complained of have had, have or are about to have the effect described in pa[reqaph ] of Article 44, it shall ff euest7: recommend each Member concerned to: take every possible remedial action and may also recormmnd to the Members concerned remedial measures to be carried out-in ascordance with their respective lawd of procedure." 38. The delegation of Mexico proposes that this paragraph be revised as follows: (E/CCMY.2/C.4/l/Add.5) r8. iff the Organianatiornicular decides7 If it is found in ny pat Case, other than the exceptions provided for in paragraph 4 of Article 44, the practices complained of have had, have or are about to have the effect deeribedi; parh 1 of A4g4 iquoted above, theOranzation shall c request]each Member oneerned7 decla ed to bq responsible'to take /every Page 9 E/CONF.2/C.4 every possible remedial action, and may also recommend to [the] such Members [concerned] remedial measures to be carried out in accordance with their respective laws and procedures." Paragraph 9 39. The delegation of ltaly proposes the elimination of this paragraph: (E/CONF.2/C.4/1/Add.2) "[The Organization may request any Member concerned to report fully on the remedial action it has taken in any particular case.]" 40. The delegationof Maxico proposes the following changes in this paragraph: (E/CONF.2/C.4/1/Add.5) "9. the Organization may request any Meber [concerned] referred to in paragraph 8 to report fully on the remedial action it has taken in any particular case." Paragraph 10 41. The delegation of Italy proposes the deletion of this paragraph: (E/CONF.2/C.4/1/Add.2) "[10. As soon as possible after its proceedings in respect of any complaint under this Article have been provisionally or finally closed, the Organization shall prepare and publish a report showing fully the decisions reached, the reasons therfor and any me asures recommended to the Members concerned. The Organizatio shall not, if a Member so requests, disclose confidential information furnished by that Member which if disclosed would substantially damage the legitimate business interests of a commercial enterprise.]" Paragraph 11 42. No comment. Article 46 Studies Relating to Restrictive Business Practices 43. The delegation of Ceyloe proposes the revision of this Article as follows: (E/CONF.2/C.4/1/Add.3) l. The Organization is authorized: (a) to conduct studies, either on its own initiative or at the request of any Member or of any organ of the United Nations or of any other inter-governmental organization relating to (i) general aspects of restrictive business practices affecting international trade or the provision of services such as banking, insurance, transportation, and telecommunication, which are intimately connected with intsrnational trade. (ii) conventions, laws and procedures concerning, for example, incorporation, company registration, investments, securities, prices, markets, fair trada practices, trade marks, copyrights, patents and the exchange and development /of technology, E/CONF.2/C.4/4,4j4 Page 10 of technology, insofar as they are relevant to restrictive business practiced affecting international trade or the provision of services such as banking, insurance, transportation, and telecommunication, which are intimately connected with international trade. (iii) the registration of restrictive business agreements and other arrangements affecting international trade or the provision of services such as banking, insurance, transportation, and telecommunication, which are intimately connected with international trade. (b) to request information from Members in connection with such studies. 2. The Organization is authorized: (a) to make recommendations to Members concerning such conventions, laws and procedures as are relevant to their obligations under this Chapter; and (b) to arrange for conferences of Members to discuss any matters relating to restrictive business practices affecting international trade or the provision of services such as banking, insce,no3 transportation, and telecommunication, which are intimately connected with international trade. Article 47 Obligations of Members Paragraph 1 44. The delegation of Argentina proposes the deletion of the words "private and public": (O/C0NF.2/11/Add.3) "Each Member shall take all possible measures by legislation or otherwise to ensure, within its jurisdict,on: th[p /frivate and pub]ic commercial enterprises do not engage in practices which have the effect described in paragraph 1 of Article 44, and in addition it shall assist the Organization in preventing these practices, such assistance to be given in accordance with the Member's system of law and economic organization." 45. The delegation of Mexico proposes the revision of the text as follows: (E/NOWF.2/4.1//lAdd.5) "1. Each Member shall take all possible measures by legislation or otherwise consistent with their existing legislation, within its jurisdiction, that private and public commercial enterprises doton in the future engage in practices which have the effect described in paragraph 1 of Article 44, subject to the provisions of paragraph 4 of Article 44, and in addition it shall assist the Organization in preventing E/CONF.2/C.4/4 Page 11 these practices, such assistance to be given in accordance with the Member's system of law and eonomic organization. Paragraph 2 46. No comments. Paragraph 3 47. No comments. Paragraph 4. 48. The delegation of Italy proposes the deletion of the word "decision" in this paragraph: (E/CONF.2/C.4/1/Add.2) "Each Member shall take full account of each request [, decision] and recommendation of the Organization under Article 45 and, in accordance with its system of law and economic organization, take in the particular case the action it considers appropriate having regard to its obligations under this Chapter." Paragraph 5 49. No comments. Paragraph 6 50. No comments. Article 48 Supplementary Enforcement Arrangements 51. The delegation of Mexico proposes that this Article be deleted entirely: (E/CONF.2/C.4/1/Add.5) "[Article 48. "supplementary Enforcement Arrangements. Members may co-operate with each other in prohibitive, preventive or other measures for the purpose of making more effective any remedial order issued by a duly authorized agency of any Member in furtherance of the objectives of this Chapter. "[2. Members participating in or intending to participate in such co-operative action shall notify the Organization.]" Article 49 Domestic Measures Against Restrictive Business Practices .52. No comments. Article 50 Procedure with Respect to Services 53. The delegations of Argentina (E/CONF.2/11/Add.3) and Mexico (E/CONF.2/C.4/1/Add.5) propose that this Article be deleted entirely, "[Article 50. "[Procedure with respect to Services. The Members recognize that certain services, such as transportation, telecommuications, insurance and banking, are substantial elements of international trade, and that any restrictive practices in relation to E/CONF.2/C.4/4 Page 12 them may have harmful effects similar to those described in paragraph 1 of Article 44. Such practices shall be dealt with in acoordance with the following paragraphs of this Article. "'2. If any Member considers that there exist restrictive business practices in relation to a service referred to in paragraph I of this Article which have or are about to have such harmful effects and that its interests are thereby seriously prejudiced, the Member may submit a written statement explaining the situation to the Member or Members the private or public enterprises of which are engaged in the services in question. The Member or Members concerned shall give sympathetic consideration to the statement and to such proposals as may be made with a view to affording adequate opportunities for consultation, with a view to effecting a satisfactory adjustment. "[3. If no adjustment can be effected in accordance with the provisions of paragraph 2 of this Article, and if the matter is referred to the Organization, it shall be transferred to the appropriate inter-governmental organization if one exists, with such observations as the Organization may wish to make. If no such inter-governmental organization exists, Members may ask the Organization, under Article 69 (c) to make recommendations for, and promote international agreement on, measures designed to remedy the particular situation so far as it comes within the scope of this Charter. a "/IThe Organization shall, In ccordance with paragraph 2 of Article 84, co-operate with inter-governmental organizations in connection with restrictive business practi ces affecting any field coming withinthe scope osf this Charter and those orE-zationz hall be entitled to consult the Organization, to seek advice, and to ask that a study of a particular problem be made.7. 54. The delegation of Ceylon proposes the deletion of the paragraphs 1, 2 and of this article. (E/CONI?/.4/l/Ad.3) 55. The delegation of Ecuador proposes the deletion of the word "telecommunications".n paragraph11 1 of this Article:.(E/CONF.2/lAdd.21) "1. The Members recognize that certain services, such as transportation, telecommunications7, investments and banking, are substantial, elements of international trade, and that any restrictive business practice.in relation to them may have harmfulcribedcts similar to those desaqrid in paragraph 1 of.rticle 44. Such practices shall be dealt with in accordance with the following paragraphs of this Article." 56. The delegation of N orway in Geneva reserved itsfinal position concerning this Article.n.view.of the fact that the Inter-governmental M4ritime /Consultative E/CONF.2/C.4/4 Page 13 Consultative Committee would have a meeting in November 1947, and only after the results of that meeting were known would it be possible for the Norwegian Government to define its final attitude to this Article. That delegation is maintaining this reservation pending the decision on the Norwegian proposal for a new Article 18A which had been presented in Committee 3. (E/CONF.2/C.4/SR.4) The French delegation in Geneva adhered to the reservation of the Norwegian delegation. Article 51 Exceptions to the provisions of this Chapter Paragraph 1 57. (a) The delegation of Mexico proposes the deletion of the word "and" at the end of this paragraph: (E/CONF.2/C.4/1/Add.5) "(a)" inter-governmental commodity agreements meeting the requirements of-Chapter VI; [and]" 58. (b) No comments. 59. (c) The delegation of Mexico proposes that the following sub-paragraph (c) be added to this paragraph: (E/CONF.2/C.4/1/Add.5) (c) practices engaged in by Central Banks for the purpose of regulating credit and the circulation of money; and 60. (d) The delegation of Mexico proposes that this new paragraph (d) be added to this paragraph: (E/CONF.2/C.4/1/Add.5) (d) governmental measures connected with the provision of the services referred to in the previous Article." Paragraph 2 61. No comments. 5A. The delegation of Ecuador proposes the addition of the following paragraph after paragraph 1 as a new paragraph: (see also E/CONF.2/11/Add.21) "2. The provisions of paragraph 1 shall not be construed as applying to governmental measures taken by a Member in respect of basic foodstuffs when such measures are intended to counter speculation and consequently are transitional in character and provided that they are communicated to the Organization in due time." 5B. The delegation of Ecuador proposes the addition of the following after paragraph 1 as a new paragraph: (see also E/CONF.2/11/Add.21) "3. The provisions of paragraph 1 of this article shall not apply to monopolies in the production, processing and sale of common salt, tobacco, alcohol and liquor established by Members as a source of revenue."
GATT Library
yc389kj4625
Annotated Agenda : Prepared by the Secretariat for discussion of Chapter V of the Draft Charter
United Nations Conference on Trade and Employment, December 8, 1947
Fourth Committee: Restrictive Business Practices
08/12/1947
official documents
E/CONF.2/C.4/4 and E/CONF.2/C.4/1-25
https://exhibits.stanford.edu/gatt/catalog/yc389kj4625
yc389kj4625_90190645.xml
GATT_149
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GATT Library
cn597sk6477
Annotated draft agenda
United Nations Conference on Trade and Employment, December 2, 1947
Sixth Committee: Organization
02/12/1947
official documents
E/CONF.2/C.6/12 and E/CONF.2/C.6/1-12/ADD.4
https://exhibits.stanford.edu/gatt/catalog/cn597sk6477
cn597sk6477_90170038.xml
GATT_149
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United Nations Nations Uniesaons n ie CONFERENCE CORESTERICTEDE UNMVTICM ON DU ON E/CF.2/C.6/12 TRADE AND EMPLOYMENT COMMERCE Ee DE L'EMPLOI 2 Decomber 1947 OBIQA: EcNInS ZATIONCa'IE: . ,,0M.TIC AGENDA[MED DAFT AGODA AGENDA, INTRODUCTION :AiTDUCTIO 1,: This Anotated Draft Agenda has been prepared on the basis of amendments submitted to the Secretariat by delegation's up to 4 p.m, on Tuesday, 9 Deoembor 1947, 2. Square bracket indicate that il Is proposed to omit from the Draft Charter those words contained in the brackets end underlining Indicat . that it iinisert osed to iiaert the words underlined, DANOTAT& ACDA C- apter VII Internatiorganirade Orman zation Section A Structure and Functions ion delegate= of Mexico proposes that the title of Section A should be: "Strqture, and unctions sdSeat". Article 68 -pMembershig A. Notes 1. The Preommatory CqOmittee considered a suggestion to add to Article 68 rQvtiione regarding the effect of suspension of, or expulsion from membexship in the Organization. It was agried that, In view of the complexity uesf the isau involved. and the late stage at which the suggestion was made, this question should be deferred until the WoronferenceCoenfGreno by which nments woverwnts would have been able to study it fully. 2l ationdeqegpti:o of France found itself able to accept paragraph 3 only on the condition that it could pot beoapplmany, aGer y t pmany or an or en Occupation Zonrmany.Ge ny, 3Pre The ! rpaommitry C wittee noted' that obviously the rights and obligations ef rny s8pa'ate customs territory of the type referred to in paragraph 3 which did not become a full Member as a result of decakenns t-ein at the World Trade ce ae4=c6 Olnd,:which applied under paragfaph 3 o' this Article for admission to.theation,iws9t.on yould have-to be determihened by t Conferdnce of the Organization when the applicationewas mada, and the final. draet of tho Charter must ss.providr.. /(It was E/CONF. 2/C. 6/12 Page 2 (It was agreed on first reading to delete the above notes.) B. Amendments Relating to the Whole of Article 68 1, The delegation of Burma proposes the following text for Article 681 "1. The original Members of the Organization shall be those States and separate customs territories invited to the United Nations Conference on Trade and Employment whose Governments accept this Charter by ..........194., in accordance with paragraph 1 of Article.98, or, if this Charter shall not have entered into force by . ......... e 194..., those States and separate customs territories whose Governments agree to bring this Charter into force in accordance with the proviso in paragraph 2 of Article 98. "2. Any other State whose membership has been approved by the Conference shall become a Member of the Organization upon its acceptance, in accordance with paragraph 1 of Article 95 of this Charter, as amended up to the date of such acceptance. "3. [The following separate customs territories, though not responsible for the formal conduct of their diplomatic relations, shall be admitted to the Organization on such terms as may be determined: (i) any separate customs territory invited to the United Nations Conference on Trade and Employment upon acceptance of the Charter on its behalf by the competent Member in accordance with paragraph 2 of Article 99; [(ii)] Any separate customs territory not invited to the United Nations Conference on Trade and Employment, proposed 'by the competent Member having responsibility for the formal conduct of its diplomatic relations and which is autonomous in the conduct of its external commercial relations and of. the other matters provided for by this Charter and whose admission is approved by the Conferance [,] shall become a Member, upon acceptance of the Charter on its behalf by the competent Member dn accordance with paragraph 2 of Article 99, or, In the case of a territory in respect of which the Charter has been accepted under paragraph 1 of Article 99, upon its becoming thus autonomous. "[4. Any separate customs territory admitted to the Organization under paragraph 3 of this Article which is accorded full voting rights shall thereupon be a Member of the Organization.] "[5.] 4. The Conference shall determine the conditions upon which membership rights and obligations shall be extended to Trust Territories /administered E/CONF.2/C.6/12 Page 3 administered by the United Nations and to the Free Territory of Trenste." 2. The delegation of Burma explains the amendment it has proposed as follows: "The separate customs territories which are present at this Conference are signatories to the Final Act of the General Agreement on Tariffs and Trade and if they apply the Agreement provisionally they will be represented at meetings of CONTRACTING PARTIES. (Article XXV and XXXII of General Agreement). However, accordingto Articles 68 and 81 of the Draft Charter these separate customs territories will not be on the Tariff Committee. There is still another confusion in paragraph 2 of Article 98 when in the proviso it Is stated that any of the Governments applying the General Agreement on Tariffs and Trade .. I. may, upon conditions to be agreed between them, bring this Charter into force, Such Governments may include any of the separate customs territories which have signed the Final Act, "The separate customs territories which are signatories to the Final Act of the General Agreement have been invited to this Conference on the strength of their participation in trade negotiations in Geneva. They are present at this Conference independently of the metropolitan country. The metropolitan country is not responsible for their action in this Conference, Hance it is only equitable that these separate customs territories should become Members of the Organization," (For thetext of Article 68 as adopted on first reading see document Ej/CONF.2/C,6/5.) C. Amendments Relating to Parts of Article 68 Paragraph 2 1. The delegation of Peru proposes the following amendment to paragraph 2: "2, Any other state [ whose membership has been approved by the Conference,] shall become a Member of the Organization upon its acceptance ..,......,... acceptance." 2. The delegation of Mexico proposes to delete the words "as amended up to the date of such acceptance" in paragraph .2. - 1. The delegation of Pakistan proposes to add the words "by the Conference" in the fourth line of paragraph 3 between the words "Organization" and "on such terms". (In view of the redraft of Article 68' agreed on at first reading it might now be possible for this amendment to be withdrawn.) 2.*, The delegation of Mexico proposes to delete paragraph 3. /Paragraph 4 E/CONF./2/C.6/12 Page 4 Paragraph 4 The delegation of Moxico proposes to delete paragraph 4. Paragraph 5 1. The delegation of Italy proposed to delete the words "and to the Free Territory of Trieste".. (This amendment will be discussed further on second reading.) 2, The delegation of Mexico proposes to delete paragraph 5. Article 69 - Functions A. Notes The Preparatory...Committee noted that the deletion of the mention of specific clauses of such nationals end enterprises in sub-paragraph (c) (i) should not be taken as indicating that these classes were not covered in the broad language of the text. Thus such language would cover treatment of, for example' commercial travellers, and foreign creditors in bankruptcy, insolvency or reorgenization.. (It was agreed, on first reading, to delete this note.) B. Amendments Relating to Parts of Article 69 I. The delegation ofArgentina proposes that the words "and general economic development" at the end of sub-paragrap4. (a) should be amended to read "and general. social-economic development". (It was agreed at the third menting to poatpone discussion of this amendment until Article 1 had been considered,) 2, The delegation of Mexico proposes to delete sub-paragraph (c) (i) as its provisions are covered by Article 12-.. 3. The delegation of Italy proposes to insert between (ij and (ii) of sub-paragraph (c) a new paragraph reading as follows: "to facilitate the reaching of a sound and stable lovely. of. economic: activity also through compensation of demographic disequilibria between different countries." (It was agreed at the third meeting to discuss this amendment further at a later stage.). Proposal to Insert a New Article 7O The delegation of Italy proposes that the following article should-be inserted between the present Article 69 and 70:: "In the. exercise of its functions the Organization shall avoid that' a .Member could suffer, in any manner, an unfair injury," (It was agreed at the third meeting to discuss this amendment further at, a later stage.) 0 - ;/A~~~~~~~~~~itlel 70 5 Article 70 - Structure 1, The delegation of Maxicc proposes the following amendment to Article 70: "The Organization shall have a Conference, an Executive Board, an Economic Development Committee, a Tariff Committee ..,... ... and Staff," (At the fifth meeting a sub-committee was set up to consider this amendment.) 2, The delegation of Mexicopproposes that the following should be inserted as Article 70-B; "Article 70-B Seat. "The seat of the Organization shall be established in ............ Section B ,-The Conference Article 71 - Composition The delegation of Iraq proposes to delete paragraph 2 of this article for the reason that no such provision is made in the Charter of the United Nations and it is thought advisable to leave the Conference free to adopt its ovn rules of procedure with regard to this point, Article 72 - Voting A. Notes With reference to alternatives B end C, attention is directed to the two formulae for weighted voting set out in the Appendix to the Report of the Preparatory Committee. Formula A was suggested by the delegation of the United Kingdom while. Formula B was suggested by the delegation of the United States. Paragraph 3 of the Appendix reads as follows: "The delegations who proposed the formulae set out above submitted the following tables showing the results of their application. The statistical material used in these tables was the best available to these delegations at the Second Session. More accurate material will -be supplied to the World Conference by the statistical services 'of the United Nations." In this connection attention is directed to document E/ConF.2/4. The Secretariat intends to issue a revision of this document in the near future. 2. The Cuban delegation makes the following comments upon Article 72: "l. The Cuban delegation is in favour of Alternative A, contained in the Article 72. "2, As.regards to. the formulas for the considered vote, appearing in the Alternatives B and C, contained in the appendix as formulas A and B the Cuban delegation wishes to make the statement since now that they shall not accept as elements for the consideration of the vote in the event that it shall be necessary establish such as voting system in extraordinary cases), those mentioned in the above specified form, inasmuch as they are ruled through a criterion of general economy, in liew of limiting themselves to the international /commerce. E/CONF.2/C.6/12 Page 6 commerce, 3, The Cuban delegation considers that before the Conference decides between the equalizing vote and the weighted vote, it must be cisrified, as a previous question, which shall be the indexes that shall form the international commercial criterion. They, therefore, propose the following Indexes be examined: (a) That of imports or exports in absolute value, mentioned in a sole currency; (b) That of the percentage of imports or exports in connection with the respective national incomes; (c) That of the percentage of the import and export articles "manufactured" or "not manufactured" respectively;' (d) That of the international trade "per capita" of each country;. (e) Thailof the purcentage of the geographical concentration of international trade of every country; and (f) That of the tonnage of the respective merchant marines. "4. Before deciding between the weighted and the equalizing vote, the statistical experts of the Conference should be entrusted with the composition of tables based upon each of said indexes and in the conjunction bf all or part of them. "5, The Cuban delegation will present, as soon as it is finished, an analysis of the various indexes and the reasons that ,ustify the proposition it is making." B. Amendments Relating to the Whole of Article 72 1. The delegations of Argentina, Bolivia, Pakistan and Uruguay suggest that alternatives B and Caehould be deleted, 2, The delegation of the Kingdom of the Netherlands proposes that Article 72 should 'read as follows; "1. Each Member of the Organization shall have one vote in the Conference. "?. Except as otherwise provided in the Charter, decision of the Conference shall be taken by a majority of the memberss present 'and voting, provided that a Member may request a second vote if the' number of votes caat is less than half of the Members of the Organization. The decision reached on the second vote shall be final whether or not the majority of votes comprises more than half of the Members of the Organization."l (At first reading thirty-five delegations supported Alternative A, The Netherlands amendment to paragraph 2 wilI be discussed further on second reading.) /Article73 E/CONF.2/C.6/12 Page 7 Article 73 - Sessions, Procedure and Off icers Paragraph 1 1. The delegation of Mexico proposes to amend paragraph 1 as follows: "1. The Conference shall meet at the seat of the Organization unless the Executive Board in exceptional decide otherwise in regular annual sessions and ............. Members." (The following provisional draft was accepted at first reading; "The Conference shall meet at the seat of the Organization unless, in exceptional circumstances, it decides otherwise in ....... 2. The delegation of Peru suggests the following amendment to paragraph 1. "The Conference shall meet In regular annual sessions mid in such special sessions as may be convoked by the Director-General at the request of the Executive Board or of [a majority] one third of the Members." (At first reading it was agreed to make this proposal an alternative to the original text.) Article 74- Powers and Duties At Notes 1. The delegation of Chile reserved its position at the Preparatory Committee regarding the first sentence of paragraph 3 insofar as it relates. to Article 15. 2. The delegation of Canada reserved its position on the proviso to paragraph 6, B. Amendments Relating to Parts of Article 74 Peragraph 1 The delegation of Mexico proposes to delete from paragraph 1 the words "subject to the provisions of Article 81". 1. The delegation of Mexico proposes to amend paragraph 2 as follows: "2, Uhe Conference may assign to the Execiutive Board the exercise of any power or the performance of any duty of the Organization,.ecept such specific powers and duties as are expressly conferred or Imposed upon the Conference, the Committee for Economic Development or the Tariff Committee by this Charter." 2. The delegation of Pakistan proposes to add the words "by a majority of two-thirds of the Members present end voting" after the word "assign" in the first line of this paragraph. Paragraph3 1. The delegation of Italy proposes to amend the proviso to this .paragraph /as follows: E/CON.2/C.6/12 Page 5 as follows: ",,,,. provided the that such decision shall be approved by a [two-thirds] majority of the votes cast and that such majority ..... of the Organization." 2,. The delegation of Mexico proposes to delete sub-paragraphs (a) and (b) so that paragrah 3 would read as follows: "3, In exceptional circumstances not elsewhere provided for in this Charter, the Conference may waive an obligation imposed upon a Member by this Charter, provided that any such decision shall be approved by a two thirds majority of the votes cast, and that such majority shall comprise more than half of tie Members of the Organization." 3. The delegation of Uruguay proposes to replace the words "by a two-thirds majority of tho votes cast and that such majority shall comprise more than half of the Members of the Organization" by the words "a majority of the Members of the Organization," and. to delete the reminder of paragraph 3. Paragraph 6 The delegation of Mexico proposes to amend paragraph 6 as follows; "6, The Conforence shall approve the budget of the Organization and shall apportion the expenditures of the Organization among the Members in accordance with a scale of contributions to be fixed. , frd time to time by the Conference following such principles as may by applied by the United Nations; providedd that no Member shall be required to contribute more than one-third of the total of such' expenditures without its consent] the contributions shall, however, be on a sliding scale corresponding to th national income of the Members. " Paragraph 7 The delegation of Mexico proposes to delete paragraph 7 as provision is made for the establishment of the seat of the Organization in Article 70-B as proposed by that delegation. Section C - The Executive Board Article- 75 Composition of the'Exeoutivo Board A. Notes 1. The Preparatory Committee noted that,-with reference to paragraph 1 (a) of alternative A, if the Customs Union of Belgium, Luxembourg and tho Netherlands an such, should not decide to appoint a representative on thQ* Board, Luxembourg would fall under paragraph 1 (d). 2. The Preparatory Committee was not able to examine fully the conception of giving membership in the Board to customs unione and reported that this matter should be considered more thoroughly by the World Conference.. /B. Amendments E/CONF.2/C.6/12 Page 9 B. Amendments to the Whole. of Article 75 1. The delegation of Pakistan suggests that the text of Article 75 should read as follows: "L. The Executive Board shall consist of one-third of the total number of Members of the Organization elected at an annual general meeting. 2. The term of the office of the members shall be one year. '3. All members of the Executive Board shall be elected by rotation. "4. No Member shall be eligible for re-election a second time until all Members have had their one term of office. "5. If at any time any Member ceases to be a Member of the Organization he shall cease to be a member of the Executive Board," . 2.. The delegation of France proposes that the text of Article 75 should read as follows: " 1. Subject to the provisions of paragraph 6 of this Article, the Executive Board shall consist of eighteen Members of the Organization. "2. Argentina, Brazil, Canada, China, France, India, the United Kingdom, the Union of Soviet Socialist Republics, the United States of Amerlca and either Belgium and the Netherlands alternating every-three years of the Customs.-Union of Belgium, Luxembourg and the Netherlands shall each be entitled to designate a representative on the Board, "3. The other members of the Board shall be elected by the Conference by a vote of a majority of two-thirds. "4, One-third of the Members provided for by paragraph 3 shall be. elected each year for a term of three years. Retiring members will be immediately eligible for re-election. At the first election one-third of the Members provided for by paragraph 3 will be elected for one year, one-third for two years and the remaining third for three years." 3. The delegations of Argentina and Uruguay propose to delete alternatives A and C. C. Amendments Relating to Parts of Article 75 Paragraph 1 (a) of Alternative A The delegation of Pakistan proposes to amend sub-paragraph l(a) as follows: "(a) Canada, China, France, India and Pakistan, Unton of Soviet Socialist Republics, ......... as a unit," The delegation of Pakistan explains this amendment as follows: "Throughout the Draft Charter "India," is understood to mean "India before partition". Attention is invited to page 59 of the Draft Charter where /India E/CONF. 2/C.6/12 Page 10 India is grouped' with other Empirs countries in Annex A and to the Appendi on page 65 where "India" is understood to mean "India before partition". Since the preparation of the Draft Charter "British India" has been divided into two independent and sovereign Dominions and it is but logical: that this amendment is incorpotated in Article 75." Paragraph 2 of Alternative A The delegation of Mexico proposes to amend paragraph 2 as follows: "2, The Conference shall make regulations relating to paragraph 1 (b), (o) and (d) of this Article which shall provide for the mode of election, the conditions under which groups under paragraph 1 (d) of this Article may be formed, the method of re-allocating seats [where necessary when -the number of such seats is increased under paragraph 7 of this Article, end other related matters. In making such regulations the Conference shall establish that each of the groups referred to In this paragraph shall appoint its own representatives, by agreement among the countries In the group so as to secure proper rotation and geographical distribution." Paragraph 3 of Alternative . The delegation of Mexico proposes the following amendment to paragraph 3: "3. The -:Members elected to the Executive Board shall [normally] be elected for terms [of] not exceeding three years. The Conference shell establish rules with regard to these terms designed to ensure a reasonable measure of continuity in representlation on the Board. Paragraph 7 of Alternative A The delegation of Mexico proposes to amend paragraph 7 as follows: "7, The number of Members on the Ececutive Board may, upon a recommendation of the Board) be increased by the Conference by a two-thirds majority of the [votes cast] Members present and voting." Paragraph 8 of Alternative A The delegation of Mexico proposes to replace the words "by a majority of the votes cast" in paragraph 8 by the words "by a two-thirds majority of the Mombara present and voting." Paragraph 9 of Alternative A The delegation of Mexico proposes that paragraph 9 should read as follows: "9. The provisions of this Article shall be subject to review by the Conference every three years [.] but for the purpose of effecting amendments there shall be required a two-thirds majority of the votes cast by the Members present and voting." Paragraph ' of Alternative B 1, The delegation of Chile proposes to amend this paragraph as follows: "1. The Executive Board shall consist of the representative of [not more /than fifteen E/CONF.2/C.6/12 than fifteen of the] eighteen Members of the Organiction . I....... they have boon elected." 2. The Cuban delegetion declares itself in favour of Alternative B with the following amandments to paragraph 1: "1. The Executive Board shall consist of the] representatives of [not more than fifteen not less than fifteen nor more than eighteen Members of the Organization, elected by the Conference by t~e affirmative vote of two-thirds of the Members present and voting taking in consideration the different geographical economical regions 'of the world.[Seven] Half of [the] said Members may be [immediately] re-elected at the expiration of the term for which they have been elected." Proposal for Insertion of New Section D bis -Committee for Economic Develoment . The delegation of Mexico has submitted the following proposal for the insertion of a new section to follow the present Section D: CONSIDERING that one of the fundamental objectives of the International Trade Organizatton is to promote the economic development of Member countries, providing them for this purpose with the necessary means and facilities; CONSIDERING that to facilitate the achievement of this purpose it would be most useful to have, within the ORGANIZATION, a permanent COMMITTEE (such as the Tariff Committee), the establishment of which was proposed during the first session of the Preparatory Committee in London (document E/PC/T/33, Part II, Chapter VI, Section G, 7), a decision on the matter being temporarily postponed; CONSIDERING, finally, that the reasons which might Justify the elimination of the Commissions on Procedure, Commercial Policy, Business Practices and Commodities, which were included in both the United States Draft and the London and New York Drafts, would not have the same weight in the case of a commission concerned with one of the primary objectives, and not merely the instruments of the Organization,', The delegation of Mexico proposes: the addition to Chapter VII of the Draft Charter of . Section to be placed after the present Section D, the text of which might be as follows: Section D bis'- Committee for Economic Development Article 80 bis - Committee for Economic Development 1. A Comittee for Economic Development shall be established and Shall be responsible for activities directed toward the achievement of the objectives of the Organization set forth in paragraphs 1.3 of Article I, of. this Charter and, in particular: /(a) It shall E/CONF. 2/C.6/1.2 Pago 12 (a) It shall perform the functions envisaged in paragraph 2 of Article 10 of this Charter. (b) When any request for economic assistance submitted by a Member of the International Trade Organization of the International Bank for Reconstruction and developmentt or any other. inter-governmental organization has been rejected, or if no decision has been given within a reasonable period of time, the Committee for Economic Development.shall, upon the request of the Member and subject to previous consideration and approval, support the request. (c) It shall take action, upon the request of any Member, to obtain for the Member the necessary facilities for Its economic development referred to in paragraph 1 of Article 11. (d) It shall protect the Interests of Members wishing to develop their economies: (i) by acting, with due dispatch, to obtain approval of measures for the protection of the industry or .agriculture of such Members taken in conformity with Article 13 of this Charter; NOTE: The delegation of Mexico has submitted a draft amendment to Article 13. (1i) by applying to the appropriate organs on behalf of a Member who so requests, in order to prevent the economic development of such Member country from being prejudiced by the functions exercised by the Tariff Committee under the powers conferred on it by Article 81 in conjunction with Article 17; (iii) by arranging that the Tariff Committee, the Executive Board or the Conference, as may be appropriate, remove obstacles or hindrances mot with by any Member in respect of its economic development; (d) The Committee for Economic Development shall make recommendations in the field of taxation designed to stimulate the international flow of capital; (f) The Committee for Economic Development shall co-ordinate the activities of the International Trade Organization in order to avoid Interference and overlapping with the work of other ilter-governmental organizations established for similar purposes. 2. The Committee for Economic Development shall consist of fifteen. Members of the Organization, appointed for a period of three years by the Conference. /3. Each E/CONF.2/C.6/12 Page 13 3. Each Member of the Committee shall have one vote. 4. Resolutions shall be adopted by a majority of the Members present and voting. 5. The Comittee shall adopt its own Rules of Procedure and staff regulations, Section E - The Tariff Committee Article 81 --The Tariff Committee A. Notes The Preparatory Commttee did not draft texts for paragraphs. 3 and 4 of Article B1 which relate to the voting power of each member of the Committee and to the majority of votes required for decisions of the Commttee respectively as It considered that these paragraphs would have to be drafted after the article relating to voting in the Conference had been finally determined. B. Amendments Relating to Parta of Article 81 Paragraph 1 1. The Italian delegation proposes the following amendment to paragraph 1; "1. There hall be a Tariff Committee which shall act on behalf of' the Organization In initiating the negotiations provided for under paragraph 1 of Article 17 and in the making of recommendations and determinations pursuant to paragraph 2 of Article 17. The Tariff .Committee shall avoid that its determinations shall cause an unfair injury to any other Member of the Organization, "The determinations of the Tariff Committee shall be subject to revision by the International Court of Justice, according to the provisions of Article 91 of this Charter." 2. The delegation of Mexico proposed the following amendment to paragraph 1: "1. There shall be a Tariff Committee which shall act on behalf of the Organization in initiating the negotiations provided for under paragraph 1 of Article 17 and in the making of recommendations and determinations pursuant to paragraph 2 of Article 17. The decisions or determinations of' the Tariff Committee may be appealed against before the Executive Board end before the Conference." 3. The delegation of Peru proposes to delete the words "land determiiatloi". Paragraph 2 The delagatiqn- of Peru proposes to substitute the following paragraph for paragrapI 2: "2, The Tariff Committee shall consist of fifteen Members of the Organization, elected by the Conference by a two-thirds majority of the Members present and voting. Three of the members of the Committee / shall E/CONF.2/C.6/12 Page 14 shall be replaced each year so that each Member shall be in the Committee for five years," Paragraph 3 1. The delegation of Cuba suggests the following wording for paragraph 3: "3. Each one of the Members represented in the Tariff Committee wil have one vote." 2. The delegation of Mexico and Peru suggest the following wording for paragraph 3: .."3... Each Member of the Tariff Committee shall have one vote" Paragraph 4 . . 1. The delegation of Cuba suggests the following wording for paragraph 4: .."4., 411 the decisions will be taken by a simple majority or votes of the Members present and voting, except that it be otherwise specified in the Charter or agreed by the Conference." - 2, The delegation of Mexico sugges the following wording for paragraph 4: ,. . . ............ "4, For any Tariff Committee decision or determination a two-thirds majority of the votes cast by the Members present and voting'-sha11 be requiredd, " ,.;' 3. The delegation of Peru suggests the following wording for paragraph 4: "4, The decisions of the Committee shall be taken by an affirmative vots of eight members" Article 83 - The Staff 1. The delegation- of Argentina proposes that the first sentence of paragraph J should be amended as follows: "1. [The Director General- hall have authority to appoint] Deputy Directors-General shall be appointed by- the Executive Board upon the recommendation of the Director-General in accordance with' regulations approved by the Conf erence." 2,. The delegation of Peru proposes to substitute the following woding for the first sentence of paragraph 1: The Executive Board of the Organizdtion shall appoint on ,or. more Deputy Directers-GeneraI, according to the needs of the, Organiation,.and at the proposal.of the-Director-General." Article 84 - Relations with other Organizations The delegation of India proposes to insert a new sub-paragraph (d) reading as follows: "(d) to transfer to it a part of the functions and resources of the Organization" . The delegation of India gives the following axplanation of its amendment: Article 84 E/CONF. 2/C.6/12 Page 15 "Article 84 empowers the ITO to transfer to itself all or a part of the functions end. resources of another inter-governmental organization whose purposes and functions lie within the soope of the Charter, by agreement with that Organization. The Indian delegation considers that on the principle of reciprocity this Article. should also empower the ITO to transfer any of its own functions to any other inter-governmental organization, This would enable the ITO, while negotiating a relationship agreement with any other inter-governmenta, organization like the FAO, to consider whether, for the purpose of avoiding duplication pertain functions now assigned to the ITO should be wholly or partially entrusted to such organization." Article 87 - statue of the Organization in the Territory of Members Paragraph 3 1, The Secretariat suggest that the following wording be substituted for the wording of paragraph 3; '3, When the Organization has been brought into relationship with the United Nations as provided for in Article $4, paragraph 1, of the present section, the legal capacity of the Organization and the privileges and immunities provided for in the preceding paragraphs, will be defined. by the General Convention on Privileges.and Immunities of the Specialized Agencies adopted by the General Assembly of the United Nations on 21 November 1947, as completed by an annex relating to the International Trade Organization." 2. The reason for this suggestion Is the following resolution adopted by the General Assembly at its Second Session: "WLEREAS the General Assembly on 13 February 1946 adopted a resolution contemplating the unilfication as far as possible of the privileges and immunities enjoyed by the United Nations and by the. Specialized. Agencies; "WHEREAS the General Assembly by a resolution adopted on approved a General Convention on the Privileges and Immunities of the Specialized Agencies and submitted it to the Specialized Agencies for acceptance and to every Member of the United Nations and to every other State Member of one or more of the Specialized Agencies for acceession; and "WHEREAS it is therefore desirable that any Specialized Agency which is hereafter brought into relationship with the United Nations in accordance with Article 63 of the Charter should derive its privileges asd immunities exclusively from the said General Convention with, such modificatins as may be necessary to meet the particular requirements of that Agency contained in an Annex, - "THE GENERAL ASSEMBLY E/CONF.2/C.6/1 Page 16 "THEREFORE RECOMMENDS that the constitutional instrument of any specialized. ageocy which may hereafter be established should not contain detailed provisions. relating to the privileges and immunities to be accorded to, or in connection with, that specialized agency, but should provide that such privileges and immunities shall be governed by the said General Convention modified as may be required;.' RECOMMENDS that any international conference at which the establishment of a specialized agency is considered should prepare a draft of the Annex relating to the proposed agency contomplated in Section 36 of the said General Convention and 'that, if the agency is established, it should send ouch draft annex to the Secretary-General of the United Nations with .a view to assisting the Economic and Social Council in preparing the draft Annex which it will recommend pursuant "to Section 35 of the' said General Convention after the agency has been brought into relationship with the United Nations, in conformity with the Charter and of any recommendation of the General. Assembly; "DIRECTS the Secretary-General to transmit a copy of this resolution to the apprepriate officer of any conference at which the establishment of a apecialized agency is to be considered," : 3. The Secretariat may circulate' at a later stage a working paper regarding an appropriate annexure to the General Convention on Privilleges and Immnities relating to the international Trade Organization. Article 8B - Contributions The delegation of Peru proposess to add 'the following sentence at the end of Article 88; "This authority should be approved by a majority of two-thirds of the votes cast." Chapter VIII Sattlement of Differances - Interpretation Notes to the Whole of Chater VIII The Proparatory Committee pointed out that a limited time-had been devote to the study of the mears of providing for interpretation of the.charter and 'or the settlement of differences among Members and between Members and the _Organization.. Therefore the Preparatory Committee recommended that this subject should receive early and full re-examination by the World Trade Conference and the drafts contained in its Report were prepared on the assumption that this course would be followed., Article 89-Consultation Between Members A. Amondments Relating to the whole of Article 89 The delegation of Mexico proposes that Article 89 should be wonded to read as follows; "If any Member should consider that any benefit accruing to it /directly Page 17 directly or indirectly under this.Charter is being nullified or impaired, or that the attainment of any of the objectives set forth in Article 1 is being impeded as a result of' the failure of another Member to carry out its obligations under this Charter, [or] L(b) the application by another Member of eny measure, whether or not it conflicts with the provisions of this Chartor, or [c). the existence of any other situation.] the Member may, with a view to the satisfactory adjustment of the matter, make written representations or proposals to the other Member or Members which it considers to be concerned. Any Member thus approached shall give sympathetic consideration to the representatives or proposals made to it. In any such ease, the Members concerned shall keep the Director-General informed generally of any discussions undertaken." B. Amendments Relating to Parts of Article 89 Paragreph (b) 1. The delegation of Colombia proposes the following amendment to paragraph (b): "(b) the application by another Member or any measure [whether or not it conflicts] conflicting with the provisions of this Charter," 2. The delegation of Uruguay proposes to delete the words "or not" in paragraph (b). Paragraph (c) The delegations of Colombia and Uruguay propose to delete paragraph (c). Article 90 -Reference to the Organization A. Notes The delegation' of the United Kingdom at the Preparatory Committee reserved Its position on paragraph 2. B. Amendments Relating to Parts of Article 90 Parraph I 1. The delegations of Colombia and Uruguay propose the deletion of the words "or if it falls within Article 89 (c)" in.paragraph 1. 2. The delegation of South Africa proposes.the following amendment to the first sentence of paragraph 1: "1, If the matter is not satisfactorily adjusted within a reasonable time Lor if it falls within Article 89 (c)J it may, if the representations or proposals refer (a) to an obligation which a Member has assumed pursuant to Article 12; or /(b) to exceptions E/CONF./C.6/12 Page 18 (b) to exceptions which the Organization has granted pursuant to the provisions of Atricle 13, 14 or 15; or to any obligations which a Member has assumed under Chapter IV or Chapter, V` or to any obligations which a Member has assmed through negotiations with any other Member of Members pursuant to Chapter IV. be referred to the Executive Board or, with the approval of the Executive Board, directly to the Conference." 3. The delegation of Mexico proposes the following amendments to paragraph 1 "1. If- the matter is not satisfactorily adjusted between the Members within a reasonable time, [or if it falls within Article 89 (c)] it may be referred to the Executive Board or, with the approval of the Executive Board~ directly to the Conference. The Executive Board or the conference, as the' case may be, shall promptly investigate any matter so referred and shall make recommendations to the Members which it considers to be concerned or give a ruling on the matter, as appropriate. It may in the course of such investigations sonault with Members, with the Committees or the Commissions of the Organization, the Economic and Social Council of the United Nations and any. initer-governmental organization, in cases ;where it considers such, consultationnenecessary," Paragraph 2 1. The delegation of the United Kingdom proposes to amend paragraph 2 as follows: . 2; The Excutive Board may refer the matter, with the, consent of the Members concerned, to arbitration upon such terms as may be agreed between the Member and ouch Membere provided that a) the Members concerned are not more than three in number, and (b) the matter is not one which must under the Provisions of the Charter be referred to the Oranization..for decision." 2. The delegation of Italy proposes the following amendment to paragraph 2: '2, The Executive Board [may refer the matter, with the consent of the Members concerned,] at request of any interested Member, shall submit the matter to arbitration /upon such, terms as may be agreed between the Board and such Members/.". Paragraph 4 The delegation of Mexico proposes to amend the first .sentence fo paragraph as follows: ' ; . . '* "4, If the Conference considers that the circumtances are serious enough to justify such action, it may authorize [a] the Member or Members affected to suspend the application to any other] the Member /or Members E/CONF.2/0.6/12 Page 19 or Members causing the injury of such obligations or concessions under or .pursuant to this Charter as the Confernce-determines to be appropriate. Articla: 91 - Reference to the International Court of Justice Notes The delegation of Australia reserved at the Preparatory. Committee its pdsiositions paragraph 2. B. .Amendments Relating to Parts of Articles 91 Paragraph 1. I. The delegation ofAustralia proposes that paragraph 1 be amended as follows; ."1. The [Conterence or the Executive Board] Organization may, in accordance with arrangamants made pursuant to paragraph 2 of Article 96 of the Charter of the.United Nations, request from the International' Court of Justice advisory opinions on legal questions arising within .the scope-of the activities of the Organization.' ' 2. The delegation of Australia comment as follows upon its amendment to paragraph 1; "The Australlan delegation considers that to afford the Executive Board, in paragraph 1, the power to obtain advisory opinions from the Court ia to, afford a far-reaching power. to bind the Organization on questions which may never have been .considered by the body fully representative of all the Members a namely, the Conference. This is the effect of :paragraphs 1 and 5 taken in conjunction, "The effect of the change suggested by Australia would be to reserve to the Conference the right of seeking advisory opinions, unless the Conference decided, under Article 74, to sign the power to the Executive Board, Thus flexibility would be retained, but the :Conference would be able to control the use of this power in the light of experience." Paragraph 2 1. The delegation of'Australia proposes to substitute the following for the present text of paragraph 2: "2, Any resolution of -the` Conference under paragraph 3 of Article 90 or decision of the Conference under any other Article of this Charter shall, if any substantially interested Member so requests, be referred to the International Court of Justice for an advisory opinion pursuant to the statute of the International Court of Justice as to whether the Conference was legally competent to adopt the resolution or decision." /2, The delegation Page 20 2. The delegation of Australia comments as follows upon this amendment: "The suggested amendment to paragraph 2 is Intended to ensure that the Conference of the Organization) representing all the Members, retains Meal authority for the determination of facts and the application of the requirements of the Charter to the factor. In the opinion of the Australian delegation the International Court of, Justice is not permitted in such a way as to permit it to make decisions on the economic and commercial issues which are likely to be the subject of, dispute, It is intended that any substantially interested'Members should be able to ask the Court, through the Organization,,whether or not the Charter given tie Organization authority to reach a decision on the question at issue." 3. The delegation of Italy proposes that the following sentence should be added at the end of paragraph 2: "Any concerned Member may present to the. International, Court of Justice through the Organization or directly any documentation which It considers desirable." 4. In order to make other parts of Article 90 than paragraph.3 subject to review by the International"Court of Justice the delegation of Sweden proposes the following wording of paragraph 2: "2. Any resolution or decision of the Conference under. paragraph 3 of Article 90 or decision of the Conference under-any other Article of this Charter shall, upon the instance of any substantially interested Member, be subject to review by the International Court of Justice through the means of a request by the Organization for an advisory opinion pursuant . to the Statute of the International Court of Justice, [The request for review of such resolution or decision shall be made by the' Organization, in appropriate form, upon the instance of any substantially interested Member.] 4. The delegation of Uruguay proposes to delete the word "substantially" in paragraph 2. Article 92 - Miscellaneous Provisions The delegations of Argentina and Peru propose to amend paragraph 1 as follows; "1. For the purposes of the interpretation of this Charter under the provisions of this Chapter, the English 1 [and] French and Spanish texts shall be authoritative," /Chapter IX Page 21 Chapter IX - General Provision Article 93- Relations with Non-Members A. 'Notes 1. The Preparatory Committee transmitted these three texts to the World Conference, without expressing any Judgment concerning the merits of one proposal as against another, in order to. assist the World Conference in determining in the light of all relevant circumstances, the text to be incorporated in the Charter governing relations with non-Members. 2, Some question was raised as to the statue of a Member of the United Nation if it should fail to become a Member of the Organization and to the status of a country not eligible for membership in the Organization, The World Conference may wish to seek expert opinion as to 'whether under these circumstances, any of the drafts would be in conflict with the obligations of Members of the United Nations. 3. In this connection the Preparatory Committee called the attention of the World.Conference to tha definition of a "non-Member" in paragraph 7 of alternative B and to the words "although qualified to do so" in paragraph 3 of alternative C which would exclude from the scope 'of all or some of the ;provisions of the Article non-Membor countries which were not qualified for Membership. The World Conferenoe may wish to 'consider whether these particular passages should be retained or deleted in the light of the resolution regarding Spain which -the General Assembly adopted on 12 December 1946, B. Amendments Relating to the Whole of Article 93 1, The delegation of Australia proposes that Article 93 should read as follows:, "1, Nothing in this Charter shall preclude any Member from concluding or maintaining commercial treaties or maintaining ecoron:ic relations with non-Members provided that such treaties and economic relatlonships shall be consistent witt achievement of the purpose and objectives of the Organiztion and shall in no case cause substantial injury to the interests of Members. "2. As soon as practicable after the coming into force of this Charter, the Organization shall institute a study of the commercial-treaties and economic relations between Members and non-Members. and arrange for a report to bo-submitted to-the Conference at its second annual session on the results of this study which will include for-the consideration of the Conference such draft Article or Articlea-as may-be considered desirable to govern the relations of Members with non-Members. /"3. Any Page 22 "3. Any draft Articles submitted for the consideration of the Conference in terms of paragraph 2 above shall be dealt with in accordance with Article 95.1" 2. The delegation of Belgium proposes that Article 93 should read as follows: "1. No Member shall seek preferential or exclusive advantages for Its trade with a non-Member, nor shall it Brant any such advantages to a non-Member. "2. A Member may nevertheless continue to grant to a non-Member the treatment it was granting in fact, or in accordance with contractual engagements, at- the date on which this Charter became effective for the said Member. The treatment granted by the Member to the non-Member may compries advantages identical or equivalent to those under this Charter or resulting from the acceptance by the Member of the General Agreement on Tariffs and Trade. "3. If it ao desire, a Member may In fact or in accordance with the terms of an agreement, grant to a non-Momber any one of the advantages resulting from chapter IV of this C)irter, or any one of the tariff concessions accorded by the said Member under the General Agreemnt on Tariffs and Trade or following negotiations under Article 17 of this Charter, being advantages or concessions., which the non-Member did not previously enjoy. The Member proposing to take action as above, shall inform the Organization which shall in turn inform the other Members. "4, Any Member may at any time uppeal to the Organization in order to obtain that advantages being granted by another Member, or proposed to be granted, to a non-Member be withdrawn if such Member considers that its interests are unduly Injured or that the purposes of the Organization are being impoded. A Member may also request the Organization to consider whether Eny advantage granted by a non-Member to a Member is not an exclusive or preferential advantage the benefit of which should either be extended to all Members of the Organization or be refused by the said Member. "5. In deciding whether it should or should not approve the action of a Member against which an appeal has been presented in accordance with the provisions of paragraph 4 of this Article, the Organization shall have regard to the general purpose and objectives of the present Charter as well as to the legitimate interests of the various interested Members. /"6. Within E/CONF.2/C.6/12 Page 23 "6. Within sixty days of its receipt of written notification of a decision by the Organitation disapproving an advantage or an agreement to which the provisions of paragraph 4 of this Article apply, a Member shall inform the Organization as to whether it accepts the said decision and in the affirmative the said Member shall take all necessary steps, If the Member is unable to comply with the ssid decision, it shall have to give notice in writing to the Director- General of its withdrawal; such withdrawal becoming effective sixty days after such notice has been given. "7. Nothing in this Article shall be interpreted ae overriding any of the economic provisions in the treaties of peace between the Allied and Associated Powers and the States which were their enemies during the second world war or in respect of which they may claim the benefit of the. economic provisions of the said peace treaties." 3. The delegation of Belgium makes the following remarks upon its proposal 1. The three texts which are submitted for examination by the countries participating in the Conference of the United Nations on Trade and Employment show that there exist divergent views which will be extremely difficult to conciliate. It is therefore urgent that a common ground for agreement should be found. 2. A reasonable supposition is that, in the early days of the -Organization, non-Members will be fairly numerous and that some of them will have appreciable economic importance. 3. It therefore appears that relations between Members and non-Members should be governed so as to clearly reserve the right to the advantages under the Charter to Membere only, but without setting up an impassable barrier between the Organization and non-Members by refusing to i latter the. benefit of the said advantage, benefit which would not create. a right to them. 4. The text proposed by the Belgian Goverment for Article 93 of the Charter of the International Trade Organization contains, for the above reasons, provisions which determine that Members may, If they so desire, grant non-Members the benefit of advantages under the Charter, or similar to those under the Charter, as log as this favour does not cause Prejudice to the interests of the Organization or of other Members. 5. A distinction is made between the advantages which a Member Is already granting at the time of entry into force of the Charter and the advantages which such Member might propose to grant at a later date. 6. The fact that Members, which consider that their interests are /affected E/CONF.2/C.6/12 Page 24 affected by an advantage granted or about to be, granted. to a non-Member, may appeal to the Organization,., confers a precarious character on the benefits conceded to a non-Member which but incite it to join the Organization. 7. A note to Article 93 oould' if necessary, make clear that, for the purposes of this Article, the terms "non-Member" apply to any state not being a Member of the Organization, whether or not it ia eligible for membership. 4. The delegation of Pakistan proposes to delete Alternative B and C. C. Amendments Relatiing Parts of Article 93 The delegation of Argentina states that Alternatives B and C are. uncceptable to. it but Alternative A is acceptable subject to the deletion of the proviso to paragraph I and paragraphs 2 and .3, Article 94 - General Exceptions A. Notes The delegation of Australia makes the following commant upon Article 94: "1 It appears to the delegation of Australia that, in view of the importance of paragraph (b) (ii) of Article 94 the intention of the Preparatory Committee in this regard should be made perfectly clear. "2, Doubts are felt as to whether the words "for the purpose of:" supplying a military establishment" are sufficiently explicit without interpretative comment. Those words, it is considered, are capable of being interpreted as applying merely to a military establishment maintained or controlled by a Member country imposing a restriction on exports, It may, however, be necessary to consider whether a particular product or products are intended for use by a military establishment maintained or controlled by another country. For example, before the last war Australia found it necessary to prohibit the export of Iron ore to a particular foreign country for the reason that it, was being uded for military purposes and that the Australian product might be used in military action against Australia. Events proved that this action was fully justified. It is therefore suggested that this Conference should approve the interpretation of 94 (b) (ii) that the words "a military. establishment" include such establishments maintained by any other country as well as those maintained by the member itself and that this interpretation should be included in-the records of the Conference. "3. Again, in the course of the Geneva Confeience the delegation of Australia questioned whether the wording of Article 94 (b) (ii) could /be interpreted E/CONF.2/C.6/12 Page 25 be interpreted as applying to any goods and materials and in particular raw materials used for the production of goods for military purposes. It was agreed that this was the intention of the provision and the Inclusion of the words "directly or indirectly" was accepted by the Conforence. This amendment partly mot the Australian delegation' s viewpoint, but a reservation was maintained on this sub-paragraph pending further consideration. It is now suggested that this Conference should endorse the interpretation approved at Geneva, that this sub-paragraph covers raw materials such as iron ore (the example mentioned above) or any other goods or materials used directly or indirectly for military purposes and that this endorsement should be included in the records. "4. If the suggestions embodied in paragraphs 2 and 3 above are approved and suitably recorded the delegation of Australia will be in a position to withdraw its reservation to Article 94 (b) (ii)." B. Amandments Relating to the Whole of Article_94 1. The delegation of India proposes to add a new paragraph at the end of Article 94 reading as follows: "2. Taking Into account the exceptional circumstances arising out of the establishment of India and Pakistan as independent states and recognizing the fact that they have long constituted an economic unit, the Members agree that the provisions of the Charter shall not prevent the two countries from entering into special arrangements with respect to the trade between them." 2, The delegation of India explains that its proposed amendment has been adapted from the corresponding provision in Article XXIV of the General Agreement on Tariffs and Trade. 3, The delegatation of Costa Rica proposes to add the following two sub- paragraphs at the end of Aaticle 94: "(d) to prevent any Member from readjuoting its customs tariffs, where such duties are based on the weight, quantity or measurement of articles inported and not on their Value, and when arch readJustment is made necessary by a le,,al devaluation of the currency of the importer. "(e) to oblige any Member to abolish existing monopolies established in favour of the State or of its dependent organs, or legislative provisions granting the State the sole right to purchase, sell, produce or distribute certain articles or to provide certain sorvicos." 4.* The delegation of India proposes to add a new cub-paragraph (c) between the present eub-paragraphs (b) and (c), reading as folows: /"(c) to require E/CONF.2/C.6/12 Page 26 "(c) to reqaire any Member to extend the benefits of the Charter to any other Member with which it is unable, without detriment to its essential inteirets, to maintain trade relational or....." The delegation of India explains that this amendment is intended to cover the special situation existing between India and South Africa. C. Amendments Relating Parts Article 94 The delegation on of Egypt proposes to insert the phrase "including severance of diplomatic relations or existence of state of belligerency" after the word "relations" in subdivision 3 of paragraph (b). The delegation of Mexico proposes to amend paragraph 2 of Article 95 ,as follows:- ;"2. Any amendment to this Charter which involves a change in the obligations assumed by Members shall, after receiving the approval of the Conferenco, become effective for each Member acoepting.the amendjent,.upon.acceptance on the part of two-thirds of the Members and thereafter for each remaining Member on acceptance by It, ffhe Conference may at any time determine that any amendment under this paragraph is of such a nature that all Members which have not accepted it within B' period specified by the Conference shall be required to withdraw from the Organization; Provided that the Conference may, by'l the affirmative votes Qf two-thirds of the Members present and voting, determine the conditions under which this requirement shall be waived with respect to any such MemberJ A Member not accepting an amendment shall be free to withdraw from the Organization, and such withdrawal shall be effective upon the expiration of Lsix months sixty days frm the day on which written notice of such withdrawal IS received by the Director-Generl," Article 96 - Review of the Charter 1. The delegation of India proposes the following amendment: "The Conference shall convene a special session for the purpose of reviewing the provisions of this Charter before the end of the 5enthj fifth year after its entry Into force," The delegation of India explains that it considers the period of ten years before a review to made of the Charter to be too long. 2, The delegation of Peru proposes to add the following sentence at the end of Article 96: "This stipulation does not exclude the right of amending' any of the provisions of the Charter by means of the procedure indi@atod in Article 95." /3, The delegation E/CONF.2/C.6/12 Page 27 3. The.delegation of Sweden proposes to delete the whole of Article 96 as it considers that should a general review of the Charter preve necessary, the Conference my provide therefor without any specific rule, and choose the most suitable time for such purpose. 4. The International Chamber of Commerce has submitted a written statement on this Article (see document E/CONF.2/8 paragraph 88). Article 98 - Entry into Force and Registration Paragraph 1 The delegation of Burma proposes to insert the words "and each separate customs territory invited to the United Nations Conference on Trade and Employment" between the words "State" -and "accepting" in paragraph 1. Paragraph 2 1, The delegation of Uruguay proposes to replace the words "shall reach twenty" by the words "shall reach a two-thirds majority" In the first sentence of paragraph 2 and to delete entirely the second and third sentences of the paragraph, 2. The delegation of Mexico proposes to amend paragraph 2 as follows: "2,. This Charter shall enter into force on the sixtieth day following the day on which the number of governments represented at the United Nations Conforenca on Trade and Employment which have deposited- instruments of acceptance pursuant to paragraph 1 of this Article Shall reach Ltwenty7 at least half of the number of countries which were invited to, and took part in, that Conferonce, and the instrument of acceptance of each other accepting government hall takp effect on the sixtieth day following the day on which it is deposited g Provided that, if this Charter shall not have entered into force by ........ 194,., any of the governments applying the General Agreement on Tariffs and Trado dated . ,.. 194.., together with any other governments represented at the United Nations Conference on Trade and Employment, may, upon conditions to be agreed between them, bring this Charter into force. Any instrument of acceptance deposited with the Seoretary-General of the United Nations shall be taken as covering both procedures for bringing this Charter into force, unless it expressly provides to the contrary or is withdrawn before the entry into force of this Charter.'7 Article 99 - Territorial Application A. Amendments Relating to the Whole of Article 99 The United States delegation intends to introduce an amendment designed to bring Germany and Japan, while under military occupation, within the /scope of the E/CONF.2/C.6/12 Page 28 scope of the Charter and to define the methods and condition for doing so. B. Amendments Relating to Parts of Article 99 The delegation of Mexico proposes to amend paraph 3 of Article 99 as follows: "3. Each Membor shall take such reasonable] all necessary momeasures [as may be available to lt7 to asseure observance of 'the provisions of this Charter by the regional and local governments and authorities within its territory and shall be responsible for any act or.omission to act contrary to the provisions of this Charter on the part of any such governments or authorities." Proposal to insert a Now Article 100 The delegation of Chile proposes to insert a new Article between the present Articles 99 and 100, reading as follows: "None of the provisions of the present Charter shall prevent any action which may be undertaken by regional organs or bodies within the scope of their authority and the sphere of their activity, for' effecting or facilitating the achievement on the part of their. Members, of the objects of the Charter, provided that such action does not obstruct or prejudice action on worldwide or general lines undertaken by the Organization." Article 100- Deposit of Texts The delegation of Costa Rica proposes to replace the first word of Article 100 by the following phrase; "This document shall be known officially as the Havana Charter, and the ......... Chapter I Purpose and Objectives Article 1 A. Amendments Relating to Parts of Article 1 Preamble The delegation of Uruguay proposes that the preamble to Article 1 should be amended as follows: "RECOGNIZING the determination of the United Nations [to promote] to create the necessary conditions of stability and well-being through peaceful and friendly relations among nations, based on respect for the principle of equal rights and the free determination of peoplesJ "THE STATES ........ United Nations. Paragraph 1 ;*;, The delegation of Italy proposes that paragraph s should read as follows: "l. To assure a larga and steadily growing volume of real income and effective dpmand, to assure the beat and largest employment of /existing manpower 'E/CONF, 2/C, 6/12 Poge 29 existips mnover even its ttfor beaten different countries, to increase the production, co1sumption and exchno of goods, and thus to contribute to a balanced and expanding world economy." ParyraPh 2 1. The delegation of Ecuador proposes to insert the following at the end of paragraph 2: "...... to ensure that prices on the international market are adjusted. in an equitable marzer so that standards of living In countries primarily producers of raw materials are fairly related to standards of living In countries primarily producers of manufactured goods." 2. The delegation of Norway proposes to add the vords "on request" before the vorde "to assist" in paragraph 2. Paragraph 4 The delegation of Uruguay proposes to amend paragraph 4 as follows: 1'4, To [reduce tariff and other barriers to trade and to eliminate discriminatory treatment in international commerce and other barriers to trade and negotiations reduce tariffs." Final Per-amgrh The delegation of Norway proposes that in the final paragraph the phrase "InternAtlonal Trade Organization" should be changed to read "International Trade and Employment Organization". B. AmnmnsRlt! oteWoeo ril 1. The delegation of France proposed the insertion of a new paragraph 4 between the present paragraphs 4 and 5 of Article 1, reading as follows: "To achieve progressively greater freedom of trade in Increasingly extensive economic zones by promoting the maintenance, establishment and development of economic units wider in character than those determined by political frontiers between neighbouring countries or countries which are closely related economically," 2. The delegation of Argentina proposes thQ insertion of a new paragraph between the present paragraphs 5 and 6 of Article 1, reading as follows: 6. To further the recognition of the worker's right: (a) to work; (b) to receive a fair wage; (o) to receive training; (d) to proper working conditions; (e) to conditions not injurious to health; (f) tto comfort and well-being; (g) to social security; (h) to family proteotionj (i) to economic advancement, and (J) to defend his professional interests."
GATT Library
qj550qt4660
Annotated provisional agenda
General Agreement on Tariffs and Trade, [ca. 1947 - 1994]
General Agreement on Tariffs and Trade (Organization) and Committee on Trade and Development
NaT
official documents
COM.TD/W/341 and COM.TD/W/341
https://exhibits.stanford.edu/gatt/catalog/qj550qt4660
qj550qt4660_90550020.xml
GATT_149
1,374
9,226
RESTRICED GENERAL AGREEMENT ON COM.TD/W/341 TARIFFS AND TRADE Limited Distribution Committee on Trade and Development Forty-Fourth Session 22 July 1981 ANNOTATED PROVISIONAL AGENDA The following items are proposed for the forty-fourth session of the Committee on Trade and Development. 1. Review of implementation of Part IV and operation of the Enabling Clause (a) Review of implementation of Part IV In accordance with its terms of reference, one of the main functions of the Committee on Trade and Development is to keep under continuous review the implementation of Part IV of the General Agreement. At the forty-third session of the Committee in March 1981, a number of delegations provided information on certain developments in commercial policy measures relevant to Part IV (COM.TD/107, paragraphs 49-53). For the mid-term review of the implementation of Part IV, a secretariat note summarizing developments in commercial policy measures and other developments of relevance to Part IV since the end-of-year review undertaken by the Committee in November 1980 is being circulated as COM.TD/W/336. In this connexion, delegations may also wish to take into account the information in documents COM.TD/SCPM/W/5 to 9 made available for the meeting of the Sub- Committee on Protective Measures on 23-24 June 1981. The Sub-Committee's report (COM.TD/SCPM/3) appears as a separate agenda item for the session of the Committee (see item 2 below). (b) Review of the operation of the Enabling Clause In the light of its primary responsibility for supervision of the implementation of the Decision on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries, the Committee has agreed that reviews of the operation of the Enabling Clause as provided for in its paragraph 9 might be co-ordinated with the Committee's reviews of the implementation of Part IV, and that any consultations under paragraph 4 of the EnabLing CLause would be dealt with on an ad hoc basis. At the March 1981 meeting of the Committee, a number of delegations furnished information relevant to the operation of the Enabling Clause since the previous meeting of the Committee in November 1980 (COM.TD/107, paragraphs 49-53). Notifications of recent changes to GSP schemes, together with other information with respect to the operation of the Enabling Clause, have been summarized by the secretariat as Section II in COM.TD/W/336. COM.TD/W/341 Page 2 2. Sub-Committee on Protective Measures The Sub-Committee's report on its meeting on 23-24 June 1981 is available to the Committee on Trade and Development in document COM.TD/SCPM/3. 3. Work on trade liberalization. At the March 1980 meeting of the Committee on Trade and Development, there was a general view that in the light of the Committee's post-MTN activities covering, inter alia, work on trade liberalization with respect to areas of special interest to developing countries, the Committee should initially focus on tropical products, tariff escalation, quantitative restrictions and other non-tariff measures, and possibilities for the advance implementation of m.f.n. tariff concessions with respect to products of interest to developing countries. Further attention was given to these areas, including questions of procedure, at meetings of the Committee in November 1980 and March 1981; a summary of the relevant discussions are to be found in documents L/5074, paragraphs 24-44 and COM.TD/107, paragraphs 14-38. (i) Tropical products At the Committee's meeting in November 1980, there was broad agreement that work with regard to tropical products should proceed on a step-by-step basis (L/5074, paragraph 30). As a first step in this connexion, the secretariat was requested to provide detailed data on the commercial policy situation and trade flows for products listed in the Annex to COM.TD/W/319. The hope was expressed that, in the light of the information provided, the Committee would be in a position to exchange views on the post-Tokyo Round situation for these products in each country and thus focus on particular issues and problems which continued to affect access to markets for the exports of developing countries. Accordingly, for the March 1981 meeting of the Committee, the secretariat provided such data with respect to four groups of products, namely, coffee and coffee products (COM.TD/W/328); cocoa and cocoa products (COM.TD/W/329); tea and instant tea (COM.TD/W/330); bananas and banana products (COM.TD/W/331). For the forthcoming session of the Committee, the secretariat is making available data in relation to the following products or groups of products: spices and spice products (COM.TD/W/334); essential oils and resinoids (COM.TD/W/335); oilseeds, vegetable oils and oilcakes (COM.TD/W/337 and Add.1); rubber and rubber articles CCOM.TD/W/339 and Add.1), and cut flowers (COM.TD/W/340). Delegations might wish to offer comments and observations on the material contained in the documentation now available, and consider any suggestions or proposals for making further progress towards trade liberalization in this area. COM.TD/W/341 Page 3 (ii) Tariff escalation At its March 1981 meeting, the Committee had an exchange of views (COM.TD/107, paragraphs 26-30) on tariff escalation, including certain technical questions, on the basis of a secretariat note prepared at the request of the Committee on Tariff Concessions entitled "Measurement of Tariff Escalation" (TAR/W/18). In noting that the matter was also being considered at the meeting of the Committee on Tariff Concessions, the-Chairman of the Committee on Trade and Development expressed the hope that at the July meeting of the Committee, delegations would be in a position to have a fuller exchange of views on aspects of relevance to the trade of developing countries. Following an exchange of views on this matter at a meeting of the Committee on Tariff Concessions on 11 May, the Chairman of the Committee on Tariff Concessions noted, inter alia, the general view that the Committee did have a role to play in this area, at least as far as the technical aspects were concerned. While some delegations needed more time to reflect upon the suggestions made and the appropriate approaches to be taken, some others were ready to see work proceed on the study envisaged in the secretariat note. In view of the various comments made, it was agreed that the matter be kept on the agenda of the Committee on Tariff Concessions for future meetings. Delegations may wish to consider how they might proceed on this matter at the present meeting of the Committee on Trade and Development. (iii) Quantitative restrictions and other non-tariff measures At its forty-third session in March 1981, the Committee noted that, in view of the stage reached in the updating of the Joint Working Group documentation, the secretariat would proceed-with the collection of relevant information on quantitative and other import restrictions affecting exports of developing countries; data relating to other non-tariff measures affecting exports of developing countries would be taken up when the Inventories of Non-Tariff Measures had been updated. Thus, document COM.TD/W/338 provides information on certain import restrictions affecting products of export interest to developing countries, showing also available trade data including main developing country suppliers and applicable tariff rates (m..f.n. and GSP). A brief survey of past work in GATT in connexion with quantitative and other import restrictions dealing more specifically with points of interest to developing countries is also provided in the secretariat note. The Committee may wish to have an exchange of views on the material provided in the document as well as on how work on trade liberalization in this-area might best proceed. COM. TD/W/341 Page 4 (iv) Advance implementation of tariff concessions (COM.TD/107, paragraphs 35-38) At the Committee's meeting in March 1981, members noted the broad approach to consultations and transparency which had been suggested at the November session for dealing with this matter (L/5074, paragraphs 31-37). There was also a suggestion that more precision regarding procedures might be required so as to ensure that the interests of other developing countries were taken into account when specific requests were being considered. The Committee noted that this aspect could be the subject of informal consultations among delegations. Delegations may have comments or observations to make on this matter in the light of any developments which may have taken place since the last meeting of the Committee. 4. Other matters Delegations might wish to raise for discussion any other matters relevant to the work of the Committee. Under this item, the Committee may also wish to take note of the discussions at the meeting of the Sub-Committee on Trade of Least-Developed Countries scheduled for the second week of July.
GATT Library
dj952px4944
Annoted agenda : Prepared by the Secretariat for Discussion of Chapter VI of the Draft Charter
United Nations Conference on Trade and Employment, December 8, 1947
Fifth Committee: Inter-Governmental Commodity Agreements
08/12/1947
official documents
E/CONF.2/C.5/5 and E/CONF. 2/C. 5/1-19 C. 5/A/1-2
https://exhibits.stanford.edu/gatt/catalog/dj952px4944
dj952px4944_90200051.xml
GATT_149
3,393
23,227
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies CONFERENCE DU COMMERCE ET DE L'EPLOI E/CONF.2/C.5/5 8 December 1947 ORIGINAL: ENGLISH FIFTH COMMITEE: INTER-GOVERNMENTAL COMMODITY AGREEMENTS Prepared by the Secretariat for Discussion of Chapter VI of the Draft Charter 1. Includes all amendments submitted to the Secretariat upto 6.0 p.m. on Saturday, 6 December 1947. 2. For convenience of delegates the numbers of the documents setting out the amendments proposed by the various delegations are as follows: Argentina 11/Add. 3 Ceylon C.5/3/Add. 6 Chile 11/Add. 30 Colombia C.5/3/Add.1 Costa Rica 11/Add.16 Cuba C. 5/3/Add. 3 Egypt C.5/3/Add. 13 El Salvador C.5/3/Add. 8 India 11/Add.27 Italy C.5/3/Add.2 Mexico C.5/3/Add.9 Norway C.5/3/Add.10 Peru - C.5/3/Add.4 Philippine Republic C.5/3/Add.7 United States C.5/3/Add.5 Uruguay C.5/3/Add.12 Venezuela C.5/3/Add.11 3. In the amendements te set forth herein, square brackets-indicate proposed deletions and uderlining indicates proposed additions. CHAPTER VI INTER-GOVERNMENTAL COMMODITY AGREEMENTS SECTION A INTRODUCTORY CONSIDERATIONS (ARTICLES 52 - 54) Article 52 - Difficulties Relating to Primaroy Cmmoditeies The Committee has agreed to the removal of the footnote to this Article contained in the Geneva text. /Article 53 E/CONF.2/C.5/5 Page 2 Article 53 - Primary and Related Commodities Paragraph 1 1. The delegation of Uruguay proposes (document C.5/3/Add.2) to substitute the following for the present text of paragraph 1: "1. For the purposes of [this Chapter] applying this Article, the term 'primary commodity [means] includes; (a) Any product of farm, forest or fishery or any mineral, in its natural form or which has undergone such processeing as is customarily required to prepare it for marketing in substantial volume in international trade. (b) The industrial equipment required for processing the products referred to in sub-paragraph (a)." 2. The delegation of Chile proposes the deletion of "For the purposes of this Chapter" and the insertion of "For the purposes of this Chapter." (See document 11/Add. 30). (The Committee has agreed with the substance of this amendment, namely that one definition of "primary commodity" should, if possible, apply throughout the Charter, and. has decided to refer the matter to an appropriate committee dealing With the Charter as a whole). Paragraph -3 After discussion in Committee, the delegation of Italy has withdrawn its amendment to this paragraph. (See document C.5/3/Add.2). Article 54 - Objectives of Inter-governmental Commodity Agreements Preamble 1. The delegation of Chile proposes the deletion of the word. "may" and the insertion of the word "shall". (See document ll/Add.30). The Committee was not able to accept the use of the word. "shall" but agreed. to ask the Sub-Committee to draft a suitable wording of the preamble for consideratlon of the Committee). 2. The delegation of El Salvador proposes (document C.5/3/Add.8) to replace the word "my" by the word "may only"- Sub-paragraph. (b) The delegation of Mexico proposes (document C.5/3/Add.9) to add the following at the end of the sub-paragraph: ".... and to promote as far as possible the processing of such resources in the countries in which they are produced." Sub-paragraph (c) 1. The delegation of Mexico proposes (document C.5/3/Add.9) to replace the present text by the following: "(c) To moderate pronounced fluctuations in the price of a primary commody with a view to achieving a reasonable degree of stability /on a basis E/CONF.2/C.5/5 Page 3 on a basis of prices fair to consumers and remmeratives to [efficlient] producers having regard to the desirability or securing long-term equilibrium between the forces of supply and demand. To this end thë Organization shall co-operate with any country producing n s uch resources hicha m&e rosuee it to do so, in order to achieve the maximum degree of efficiency in the production osf uch commodiites. In the case of a commodity whicish to undergo cpressgin, due regard allshe b takein n calculating a price regarded as fair to consumer, to the price of the finished article in whose manufacture the commodity in questioisn employed." 2. The delegation of the Philippines proposes (document C.5/3/Add.7) to replace the words "to consumer and remunerative to efficient producers" by thwe ord":sproducers and consumer alike." xplanation by the Delgeetion of the Philippines The proposed amendmentis intended to avoid the use of the term "efficient producers". 3. The delegation of Ceyoln proposer (document C.5/3/Add.6) the deletion of thew ord "efficient"i n line 5, 4. The delegation of rUguuay proposes (document C.5/3A/dd.12) to delete the word "efficient" 5. The delegation of Venezuela proposes (document C.5/3/Ad,dll) to delete thew ord "efficient." 6. The delegation of El Salvador proposes (document C.5/3/Add.8) to delete the word "efficient" and to add at the end of the sub-paragraph the following: "The term ermunerative prices shall be understood to mean prices which maintain a fai relationshii riàtionship wlth the prices which the producers of primary coodities are obliged to pay for manufactured produsction goode and gneral cognsusmption 0oda" 7. The delegation of Cuba proposes (document C.5/3/Addd.3) to ad the following at the end of this sub-paragraph: " ; and innmn a marmehereby the selling pricem of comodities is such as to afford countries capable of efficient production a reasonable return adequate to maintain. the purchaswing poer of their inhabitants, as importers and consumers, at a level sufficiemnt to eet the requirements of a proper standard of living, the latter being based Primarily on conditfions uro labo enabling workers to be free of constraint anid pgrovdin fawrmers ith sufficient income to meet their needs and to maintain the increasing rate of production achieved; the pricles shal howeverc be suh as to enable the cnonsumig countries to obtain the co odities the require to import at a reasonable pric e-andon a stable and regular basis." /Explanatory E/CONF.2/C.5/5 Page 4 Explanatory note by. the delegation of Cuba in commection with its amendments to sub-paragraph (c) and (e) The delegation of Cuba wishes to point out that it is intended by the amendments now proposed to embody in the Charter sub-paragraphs (b) and (a) respectively.of the second Agreement of the Resolution on "Directions for the Promotion and Development of Stock-raising. Industries in America" passed at the Third rd InteremiaaicE Cenforence on Agriculture. Sub-pgaararph) (e The delegation of Cuba proposes (document C.5/3/Add.3) adto de th following at the enfd o this sub-paragraph "...,..and potingrom the cultivationn ad production in respecft o each modity co in the countries or asre,ns wi th:he most favourable ecological, geographical and economic conditions." (See explanatory note above on paragraph (c)). Attention is awdrn to the following explanatory footnote to this u-pa-Pgr*elhin the Geneva text: "Inter-governmental commodity agreements approved by the Food and Agriculture Organization for the distribution of basic foods at special prices are permitted under this Draft Charter and are considered to be covered by paragraph (e)" beb, paragraph (e)` The Sub-orittee has considered this foostnote and recomende he following waording for ub-pareraph (e) in order to incorpforate the sense o?this footnote in the tet: "(e) to provide for the expansion of the productioommon of a primary cdity are tlmplished san be accoMlils with advantag e to consumer an.producers, iilcx.;ig a-propriate cases the distribution of bsascic foods at appoa Adc.-itio-ub-paragraphs g1 The deeStion of El Salvador proposes (document C.5/3/Add.8) to add,two phs, eV pexrsgr&(g) and (h): as follows: "(g) to protect countries producing primariy commodites from action taken or about to be taken by foreign companies, well knowan to domintethe production and distribution of such commodities and the application of which implies or may imply a direct or indirect contradiction of the obectives set forth in the previous sub-pargraphsus, sianucese uh mesUs ould have harmful effects on the lepvel of emm oyment insuch countries or tend to impair their sovereignty." "(h)any other objective not specified in this Article but.consistent with the principles and purposes of this Charter." a/Cmmentey E/CONF.2/C.5/5 Page 5 Commentary by the delegation of El Salvador on the proposed new sub-paragraph (g) At first sight, the purpose of this sub-paragraph may seem to be already covered in Article 44, Chapter IV. Nevertheless, we may call attention to the fact that in Article 44 and in the Articles governing the relative procedure, no mention is made of inter-govermental arrangements and it is quite certain that this last procedure would prove the most effective or, at all events, the least ineffective means of giving countries which in many cases are less powerful than a number of private companies, an opportunity to defend themselves. This is said without prejudice to the fact that at this level we exist not so much under a system of free competition as under a syetem controlled by the decisions of the big trusts, and that it is therefore desirable to devise measures adequate to offset the activities of such organizations, which are generally incompatible in character with the objectives set forth in Article 54. It may, of course, be considered that the addition is to soma extent redundant. This is logical and understandable in the context of the Charter, if the latter is analyzed mechanically, as it deal with aspects of a single problem, trade and employment. 2. The delegation of Uruguay proposes (C.5/3/Add.12) to add a new sub-paragraph as follows: "(g) to facilitate the access of countries producing the products referred to in paragraph 1, sub-paragraph (a) of Article 53 to fair prices and to the eqipment and other facilities required for their industrialiazation."ion.t" NSECTIONTER-GOVERNMENTAL COMMODITY AGREEEEMNS IN GENERAL T B- I'TAL COMY1D=T AGBIM NS Y ?NAL (ATICIS55 - 58) Article 55 - CocoïiySty c Al paragraphs The delegation of Uruguay proposes (document C.5/3/Add.12) to delete the orsdd "substantial" wherever it is uea Pa ph 1 The delegation o Ceylon proposes (document C.5/3/Add.6) at the end of this paragraph, after othew word. "made", to add the flloing words: "with a view to thet adoaption of suitable measure o del with the special ifficulties affed.L, or linkely to affect, the trade :i.tat commodity." Paragraph 3 The delegation of Ceylon proposes (document C.5/3/Add.6) to delete all the words of this paragraph after the word "situation" lines 3, and substitute: "in relation to the special difficulties affecting or likely to affect the the trade in the particular commodity, and shall discuss measures designed to meet these difficulties." E/CONF.2/C.5/5 Page 6 Proposed new paragraph The delegation of Ceylon proposed (document C.5/3/Add.6) the addition of a new paragraph reading as follows: "4. A study group, when once shall, after the discussions referred to in paragraph 3 of this Article, continue to exist for the purpose of carrying on a study of the commodity, until it is dissolved by a resolution of the Organization." Article 56 - Commodity Conferences Paragraph 1 1. The delegation of Ceylon proposes (document C.5/3/Add.6) (a) deletion of the words "on the bais of the recommendations of a study group, or ........." in lines 1 and 2 and insertion of the words "Notwithstanding the provisions of Article 55, the Organization shall..... ." and (b) delegation of the words "the Organization shall" in lines 5 and 6. 2. The delegation of Egypt proposes (see document C.5/3/Add.13)that there.. be inserted in paragraph 1, line 3, after the word "commodity" the following: "or at the request of any Member whose economy is dependent on that commodity," Explanatory note by the delegation of Egypt. To grant countries who national economy is dependent on a certain commodity a similar right as that accorded to Members representing a substantialal part of wor ld production. 3. n I Cmomittee, the following suggestions were made, and freerred to the Sub-Cmiomttee: (a) I n line 3, for "whose Interest represents" to substitute "whose interesst represent". )(bf I possible to re-draft this paragraph as regards "substantial; interestso" as tio ntroduce thse jubective element contaeinid n raegaph ..2 (i.e, ". which considers that it is substantially interested ."..........). One suggestion was to states that, on the basis of a request by any Member particularly affected, the OrgeanizationiUztion should consult with other interested Members regarding d fthe neeor a enc.coneren .. . . Proposed new pararph The delegation of itionPeru has proposed document C.5/3/Add.4) the add4on o the following paragraph to Article 56:` "3. When acceipatinig the invitation of the Organization to particde l an inter-govermental conference in order to discuss methods desired. to meet the special dimfficulties exist. with respect to a-certain comodity a e meb. sall co=Ittself not to Ioeep ?orce te; unilatral methods t my have previously adopt,.ed to solve the aforesaid difficultiess /particularly, E/CONF.2/C.5/5 Page 7 particularly those methods which are opposed to the principles set forth in Chapter IV of the Charter." Article 57 - General Principles governing Inter-governmental Commodity Agreements Paragraph 1 In sub-paragraph (c) the delegation of the Philippines proposes (document C.5/3/Add.7) to strike out the remaining words after the comma on the eighth line beginning with the word "due" and insert in their places the following: "so long as non-participants do not adopt any measures or policies that wilI. frJi.ir'3 and nullify the attainment of the objectives of the agreement to the disadvantages of the participating countries." Explanation by the delegation of the Philippines It ls believed that the proposed amendment would strengthen the protection afforded by the paragraph to participating countries against the possibility of the non-participants taking advantage of their position as non-members of the agreement to promote their interests at the expense of the member countries. Article 58 - Types of Agreements Paragraph 5 It was proposed in Committee that the Sub-Committee should re-draft the" last sentence of this paragraph so as to provide for smooth transition at the time when an "expansion" agreement becomes a commodity control agreement throughnùrbl tgi»s;i 1;hrou56h the entry into operation of its mlimum price provisions. PaEÊrp 6 1, The delegation of Mexico propose.s (document C.5/3/Add9) to replace the present text by the following: "The Meombers undertake not t enoter into any new commdity control hagreemen[t, unless it y]as been recommended b concluded at a conference wcalled in accordance ith Article 56 or on the basis of recommendation made by such a conference, or iomn accordance with recmendations made by a study when, in the opinion of the Organiommenzation, the recendatis of such tudy group may be applied without requiringng the conveni&of-a nference. "If, in anexcseptional cae, there has been unreasonable delay, in the proceedings of the study group or of the commodity conference, Members subistantially nterested in the production or consuomption of, r trade in, a particular primary commodity, may proceed by direct negotiations to the çonclusiQoof an agreement, provided that sit conformSto the other provisions of this Chapter. The agreement shall in any case be provisional pendin the completion of the work of the study group or conference and the aprovale by the Mmbers concerned of the conclusions reached." - . /2. The delegation E/CONF.2/C.5/5 Page 8. 2. The delegation or India proposes (2/11/Add.27) to amend this paragraph by the addition of "or Article 64" at the end of the first sentence. However, as this amendment mandonsequential is cnaeaequenta on the on propnosed by the delegation of India to Article 64 (see below) it i listed undear the notes on tht Article. 3.a The Comittee &reed that the urecommendesen this of the term "=wn'" izïthis paragraph isn a different sensse fromr it use in regard to tudy goups in Arties 55 aeend anding56 might lead to misunrstmmadin6. Substitution of the ter "decide' W uggested;w an alternative suggestion Vas he use of the following wording: "6. The Memberms shl enter into a new comodity control agreement only through a confe"rence called' ........... The point ammittee.s referred to the Sub-Co=tea. SECTIMMNmON C -.T TERAGREEMENTS-GOV TA COITY CONMRO .4G. (ARTICLES 59 - 63) Article 59 - Circumstances governing gGthe Use of Commodity Control reements 1. The delegation of Ceyldon proposes (document C.55/3/Ad.6) that this. Article be deleted. 2. The eleStion of Venezuela proposes (ddocument C.5/3/Add.1l) to ad& new uab-,aragraph to paragraph 1 e follows: "(c) this purpose is to iuiithe objectives laid down in Article 54, sub-paragraph c)," Article 60 - AditiingaiPmmodity rinciplesg governf. Co=ot7 Contro Aareements - The following Explanatory Footnote appears in the Geneva draft: "The term 'resonablen' aaapplying to pri ces iriub-paragraph (aj is to to be interpreted as in Article 54 (c). Undersub-paragraph (b): . (i) there shall be no more than within thiwo groups of countriei: an agree'me.a, nd the principle of leul voice' in substantive matters hall apply as between them; (ii) countries which are large p roducers and consumer ofthe codity concerned, but which ar ore not large exporterso, iporters, shahhave an appropriate voice. It is recomended that any diffangements whicherence on voting arre.yx&hich dity cannot be settled n a co=wy cf erece should be dea2.tltin the se.mamr s aid down in Article 63 ofor the. settlementcOf ilfferences conerning commodity control agreements." ' Artmicle 62 - Initeial Ter, Remview and Rnewal greementsof Comodity Control Aets Paragr h 1. . . .« Th(e delegation of Costa Rica proposes document 11/Add.16) in the first sdente not more than nce to repl ace the word "a perio ofiùu ta-ni'five years";with the words "f'ixed. perhiaod""a and in the second sentence to replace the prse je /peri E/CONF.2/0.5/5 Page 9 period not exceeding five years" with "a term equal to the initial period." SECTION D -MISCELLANEOUS PROVISIONS (ARTICLES 64 -67) Article 64 Relations with Inter- governmental (Organizations zatïons gaThe deeSI00iion ofdl proposese (documnt 11/Adhe add.27) t-ition of: "(d) to ca commodity onnvene aodity corfierence ncommend submIe reào«mndations ad conclusions of such a conference to the Organization." Exletîo y the de legation of±Inda. "The delegation of India considers that compegtvent inter-oernmental organieions like the F.A.O. should have concursrent juriedh ction wit*he .T.O. l the matter of convemning comoditywe confernes and promoting inter-governmentoal commdity agreements." Notes Consequential amendment to Article 58, Paragraph 6 The delegation of India pro8p11osdes (//Ad.27) to amenda tgraph byhis praph iiy the addition of "or Article 64" at the esnd of the firt sentence. yExplanation b the delegation of India. This amendment is consequential on the one proposed by the delegation of India tando Article 64 is intended to enable Members tcommodityo enter into àodity. ccommended ntrol geznents. oon by conferencompetantces called by other ompetent Inter-goversntal Organizations. Article 65 - Obliations c Mgeambers regarding Existine n Proposed Comodity Agreebts" ,- aragraph i The delegation of Argentina p11roposes (osee document /Add 3) t replace the woord-s "Membrs eall ccnorm with the decisions......" in the- hird sentence by: "lThe Orsnzeationmm shahlmake th3 econ=dations warranted by the case regardping the continued articipatanion of Members in y such inter-omentvernmental agreaeLhich, after review by the Organization, shall have been found to be inconsistent with the provisions of this Chapter" Paragraph 2 The delegation of Argentina pro1poses (document 1/Add.3) to replace the words "Members shall conform with decisions" in paragraph 2 by: "Members shall consider the recomm"endations....... Article 6o7 - Exceptions t Prgovisions Relatin to sInter-government. Comodity Areements Paragraph 1 1.The delegation of Norway proposes (document C.5/3/Add.10) the following w-ording for subparagraph (c): /"(c) to those E/CONF.2/C 5/5 Page 10 " (c) to those provisions of any inter-govermental commodity agreement which are necessary for the protection of public morals or of human, animal or plant life or health, or for the conservation matios of fieheries adife vld.leresources; Provided that such agreements are not used to accomplish resulted inconsistent ewitjh th obecti[Cves of hapter v or CVI] iwhsth ae i t'hdi chagptr anaalpublicity l'-l1pEZcity in accordance with - the provisions of Article 57 (e)." 2. The delegationeof the Unit-d States proent Cs (1documnt C.5//Add.5) the addition of thse follagowing ub-parraph: "(d) -goto anyn intervcommoernmetgal dity areement, or any provision gin seuch an areemnt, made to meeta thequi eseentil rerements of curity."natinl scrit ote by the delegatUion of the uited States. The provisions of this Charter do not appropriately apply to agreements relating to military securithety. It is refore considered that such agreements should be excepted. New Article The deleagtion of Colombia proposes C.(documdent Q/3/Ad&l) to add the following new ArtiAcle after rticle 67: "NotnithstandiE the provisioneds contain&in this Chapteuntryr, any coentr exporting a primary commodity maagreements y enter intoa ereemente notcntempIPtad in thee provisiounteracting ns, with a view to cotlteractih5 any movements of speaculation which may prevent or endnger the possibility of stable and remunerative prices, but, any Mmber countsry considering that its interest are being affected by any such agreement, may submit the question to the gOrganizatiunton, which, after takin into acco all relevant facts, shall decide whether or not such ageement is of the nature envisaged in this Article and shall conqueuty decide whether or not the agreement shall be maintained."
GATT Library
ps064wg1311
Annoted draft agenda. Pakisktan: corrigendum to amendment to Article 75
United Nations Conference on Trade and Employment, December 11, 1947
Sixth Committee: Organization
11/12/1947
official documents
E/CONF.2/C.6/12/Corr.1 and E/CONF.2/C.6/1-12/ADD.4
https://exhibits.stanford.edu/gatt/catalog/ps064wg1311
ps064wg1311_90170039.xml
GATT_149
170
1,120
United Nations CONFERENCE ON TRADE AND EMPLOYMENT Nations Unies CONFERENCE DU COMMERCE ET DE L'EMPLOI UNRESTRICTED E/CONF.2/C.6/12/ 11 December 1947 ENGLISH - FRENCH ORIGINAL: ENGLISH SIXTH COMMITTEE: ORGANIZATION ANNOTED DRAFT AGENDA PAKISKTAN: CORRIGENDUM TO AMENDMENT TO ARTICLE 75 Page 9 The Delegtion of Pakistan wishes to cancel and withdraw its amendment to Article 75 of the Charter as set out on page 9 of document E/CONF.2/C.6/12. N.B. The amendment to paragraph 1 (a) of Alternative A under Article 75 (beginning page 9) should still stand as an amendment from the Delegation of Pakistan. SIXIEME COMMISSION : ORGANISATION PROJET D'ORDRE DU JOUR ANNOTE PAKISTAN : CORRIGENDUM A L'AMENDEMENT RELATIF A L'ARTICLE 75 Pages 13 et 14 La délégation du Pakistan désire annuler et retirer l'amendment qu'elle l'amendment qu'elle propose d'apporter a l'article 75 de la Charte, tel qu'il est formulé sur les pages 13 et 14 du document E/CONF.2/C.6/12. Note, L'amendement au paragraphe 1 (a) de la variante A, de l'article 75 dolt être maintenu come amendement propose par le pakistan.
GATT Library
dq224xw8270
Appointment of Sub-Committees
United Nations Conference on Trade and Employment, December 9, 1947
First Committee: Employment and Economic Activity
09/12/1947
official documents
E/CONF.2/C.1/8/Add.1 and E/CONF.2/C.1/1-26
https://exhibits.stanford.edu/gatt/catalog/dq224xw8270
dq224xw8270_90180243.xml
GATT_149
319
2,201
United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE E/CONF.2/C.1/8Add.1 ON DU 9 December 1947 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH FIRST COMMITTEETT: EMPLOYMENT AND ECONOMIC ACTIVITY APPOINTMENT OF SUB-COMMITTEES Sub-Committee A In addition to the matters alrtady assigned to this Sub-Committee, the Chairman of the First Committee has assigned to it the consideration of the proposal put forward by the delePationpof the Philippines for a new paragraph 2 of Article 2 (see page 2 of E/CONF.2/C.1/7). The Sub-Committee is to make recommendations concerning the incluspon of such a Provision in that Article or elsewhere in the Chapter. Sub-Conmittee B The Chairman of the First Committee has defined the terms of reference of the Sub-Committee as follows: (a) To examine the next of all Articles of Chapter II with the exception of Article 4, together with all amendments relating thereto excluding the new Article proposed by the delegation of Mexico and excluding the new paragraph 2 of Article 2 proposed by the delegation of the Philippines (see E/CONF.2/C.1/7 and addendum 2); (b) To prepare for submission to the full Committes, a text, or if necessary alternative texts, covering these matters; (c) To complete its work by Wednesday night, 17 December, in order that its report may be considered by the full Committee by Friday, 19 December. General The attendance at meetings of these Sub-Committees by representatives of delegations not members of the particular Sub-Committee shall follow the Procedure recommended by the General Committee in document E/C0F-.2/BUR/9. In the event that any particular proposal is found to be of concern to both Sub-Cormittees, or is found to be of greater concern to the other Sub-Committee than to the one to which it was originally assigned, it will be for the Chairman of the two Sub-Committees to make arrangements for dealing with such a proposal either by having joint Sub-committee meetings or by agreeing on a reassignment of the proposal.
GATT Library
hz768vf3961
Appointment of Sub-Committees
United Nations Conference on Trade and Employment, December 8, 1947
First Committee: Employment and Economic Activity
08/12/1947
official documents
E/CONF.2/C.1/8 and E/CONF.2/C.1/1-26
https://exhibits.stanford.edu/gatt/catalog/hz768vf3961
hz768vf3961_90180242.xml
GATT_149
262
1,888
United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE E/CON .2/C.1/8 ON DU 8 December 1947 TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH FIRST COMMITTEE: EMPLOYMENT AND ECONOMIC ACTIVITY APPOINTMENT OF SUB-COMMITTES At the Sixth Meeting of the First Committee, 8 December, the Chairman appointed the two following Sub-Committees: Sub-Committee A The terms of reference of this Sub-Committee were defined as follows: (a) To examine the text of Article 4 and the related new Article proposed by the delegation of Mexico together with all relevant amendments included in the revised annotated agenda and any amendments arising as a consequence of discussion in this Committee. (b) To prepare for submission to the full Committee, a text, or if necessary alternative texts, covering the subject matter of Article 4. (c) To complete its work by Friday night, 12 December, in order that its report my be considered by this Committee on Monday, 15 December. The attendance at meetings of the Sub-Committee by representatives of delegations not members of that Sub-Committee shall follow the procedure recommended by the General Committee. The membership of this Sub-Committee is set forth in E/CONF.2/INF. 42. The Chairman of the First Committee has appointed Mr. D. K. LIEU (China) as Chairman of the Sub-Committee. Sub-Committee B The Chairman of the First Committee indicated that this Sub-Committee would deal with any points arising on Chapter II apart from those matters assigned to Sub-Committee A. The membership of this Sub-Committee is also given in E/CONF.2/INF.42. The Chairman of the First Committee has appointed Mr. J. ROYER (France) as Chairman of this Sub-Committee.
GATT Library
tf539zm6316
Argentine statement
United Nations Conference on Trade and Employment, December 4, 1947
04/12/1947
official documents
E/CONF.2/13 and E/CONF.2/8-13
https://exhibits.stanford.edu/gatt/catalog/tf539zm6316
tf539zm6316_90040066.xml
GATT_149
780
5,244
United Nations Nations Unies UNRESTRICTED CONFERENCE CONFERENCE E/CONF.2/13 ON DU DU 4 December 1947 TRADE AND EMPLOYMENT COMMERCE LT DE L'EMPLOI ORIGINAL: ENGLISH ~ E STATEMENTENTARGEM . . tThaoDelegation of Arlewig as lrewqnu ested that the foilisg`xt be its clcu~ate in V4ew!Q~fince to thea position of thot delgation on dcscussed in ertan 1att6es ~t and Sixth eCs.ommittseS.i HBILL OTHE FfRKERSIaTS OF MOM procclaimed by HieE~eillencyf,'the Preslent otthe rgexi=eRepublic, . Geróneral Juan D,Pe6n TIM RGROWOR the indispensable m to ii 'satifsythe spiritual and material needs of the individual and of the community, the cause of all the conquests of oivilization and the foundation of general prosperity; therefore, the right to work must be protected by society, which must consider it with the dignity it deserves and must provide employment to all those in need of it. 4*9 .'4 * ''. zi!. 2. THE RIGHT TO A FAIR REMUNERATION Wealth, income and the Interest of capital being the exclusive outcome Of human labour, the community must organize and reactivate the sources of production in such a manner as to make possible and ensure for the worker a moral and material remuneration which not only satisfies his vital needs but also compensates for te results obtained and the efforts carried out. 3. THE RIGHT TO CAPACITATION mprovement oThe f human condition and the preeminencespiritual of s, impose the necessity of vl l oting theraising of the standard of culturean d of professional apaility, cendeavouring that all imnds be gided toward every field of knowledge; usociety mus tstimluat the individul effort providing the ameansb y hiwch, afforded the same ppprtunities, any individual may txer'isa his raght to learn and to erfect himself. f , .' '', -; ,'..e -4,; TIONS50X4ER'[A'wo6COVDITION ^{¢ From the consideing, the importance of work. rations due to the human the mutual as a socamong the concurrent factorsial, fujisjp, ,p t4 xS oatn ight of individuals poedemand fair and ;ls t o indlY r the d dltlbne S'hZ tc tvha is and theitied&'atht of society to watch over the strict observance of the preceptsoos;- 1f a obderanoc ' o' t precepts *bXlis w and regulated.o ~ti hia berVesteabiuato /59 5t 6n; E/CONF.2/13 Page 2 5. THE RIGHT TO THE PRESERVATION OF HEALTH The care of the physical and moral health of individuals must be one of society's principal and constant concerns. Society must see to it that the working regimes meet the necessary requirements of safety and hygiene, that they do not exceed the normal possibilities of human effort, and that they afford due periods of rest for recovery. 6. THE RIGHT TO WELFARE The right of workers to welfare, which may be summed up in the possibilities to obtain adequate dwelling, clothing and food, and to satisfy their own needs and those of their families without undue distress, so that they may work with pleasure, rest without worry, and enjoy in moderation spiritual and material expansions, imposes the social obligation of raising the standard of living and of work by means of the direct and indirect resources allowed by economic development. 7. THE RIGHT TO SOCIAL SECURITY The right of Individuals to protection in cases of decrease, discontinuance or loss of their working capacity, imposes upon society the obligation of taking into its charge, unilaterally, the corresponding measures of compensation or of promoting systems of obligatory mutual aid, destined, both of them, to cover or to supplement the insufficiencies or inabilities proper to certain periods of life or those resulting from misfortunes arising from eventual risks. 8. THE RIGHT TO THE PROTECTION OF HIS FAMILY The protection of the family is born from a natural feeling of the individual, since the family is the source of his highest sentiments of affection, and any effort tending to ensure its welfare must be encouraged and stimulated by the community as the most favourable means of achieving the improvement of mankind and the consolidation of the spiritual and moral principles which are the very essence of social relationship. 9. THE RIGHT TO BETTER ECONOMIC CONDITIONS Productive capacity and man's ambition to surpass himself find a natural incentive in the possibility of improving economic conditions, hence, Society must support and encourage any individual initiative tending to achieve this aim, and stimulate the formation and utilization of capitals insofar as they constitute active elements of production and contribute to general prosperity. 10.. THE RIGHT TO THE DEFENSE OF PROFESSIONAL INTERESTS The right to unioinze freely and to participate in other lafwul activities devoted to the defense of professional interestsc onstitute essential rights of the workers which society must erpsect adn protect, ensuring thei roree exercise and repressing any actio nwhich might ipmair or prevent it.
GATT Library
bd799yf9367
Arrangements for Final Meeting
United Nations Economic and Social Council, October 29, 1947
United Nations. Economic and Social Council
29/10/1947
official documents
E/PC/T/255 Add.3 and E/PC/T/228-267
https://exhibits.stanford.edu/gatt/catalog/bd799yf9367
bd799yf9367_92290326.xml
GATT_149
0
0
GATT Library
tz283jq1035
Arrangements for Final Meeting
United Nations Economic and Social Council, October 29, 1947
United Nations. Economic and Social Council
29/10/1947
official documents
E/PC/T/255 Add.3 and E/PC/T/228-267
https://exhibits.stanford.edu/gatt/catalog/tz283jq1035
tz283jq1035_92290326.xml
GATT_149
321
2,015
UNITED NATIONS N Restricted ECONOMIC CONSEIL E/PC/T/255 Add.3 AND ECONOMIQUE 29 October 1947 SOCIAL COUNCIL ET SOCIAL Oricinal: English Arrangements for Final Meeting In document E/PC/T/255 it was stated that, at the Final Meeting of the Preparatory Committee, the Vice-Chairmen would sit to the right and left of M. Suetens, that is, on the rostrum, throughout the meeting. The Tariff Negotiations Working Party has now decided that, since a number of the Vice-Chairmen will be signing one or more of the documents, it will be more convenient if they sit there only until the act of signature begins. They will then descend to join other signatories who (with their senior advisers) will occupy the tan rows of seats in the middle of the Chamber. Those seats be will be allotted in alphabetical order, from left to right, two to each Delegation. Delegations will thus sit in the order in vwhich they will sign tho Final Act. The two middle rows immediately behind and above the signatories will be reserved for the Press. The rest of the Chamber (including the seats at the back and at the sidles of the rostrum) willl be for the use of Delegates and their guests, delegation staff, secre- tariat, personnel of the European Office, and members of the general public. If there is not enough room in tho body of the Chamber, the gallery will else be opened. Members of delegations and their staff will he expected to show their Security Block passes on entering the Chamber. Members of the Press will be asked, to show their usual passes. Entry for all other persons will be by ticket. Tickets for delegates' guests will be issued by the Secretariat (Miss Schubeler, Room 206), and for all others by the European (Office. Tickets for the general public will also be available at the ticket office at Door No. 6 which will be open for the occasion. NATIONS UNIES
GATT Library
gp034rm7605
Arrangements préférentiels entre pays en voie do dévoloppemetit, négociés au GATT : Comite des pays Participants Résum desdébas de la deuxrième, réunion sruéciale tenue le 12 juin 1974. Etabli par le secrétariat
Accord General sur les Tarifs Douaniers et le Commerce, July 10, 1947
General Agreement on Tariffs and Trade (Organization)
10/07/1947
official documents
CPC/S/3 and CPC/S/3
https://exhibits.stanford.edu/gatt/catalog/gp034rm7605
gp034rm7605_92290400.xml
GATT_149
2,072
14,516
RESTRICTED ACCORD GENERAL SUR. LES TARIFS CPc/S/3 10 juillet 1974 DOUANIERS ET LE COMMERCE Distribution spéciale Arrangements'préférentiels entre pays en voie do dévoloppemetit, négociés au GATT COMITE DES PAYS PARTICIP~MTS Résum desdébas -de la deuxrième, réunion sruÈcial enuee1,~2 juin 197 étbipar le secrétariat . 'M...H-. Villar (Espagne),, Président du Comité des pays participants prévu dans le Protocole- co ncernant les négociations commerciales entre pays en voie de développement, a convoqué, le 12 juin 1974., à la demande d'un certain nombre de délégations., une réunion spéciale à laquelle étaient invités les pays non participants. L'obj'et de cette réunion était de permettre un échange de vues sur, l'extension du Proto.cole concernant les négociations commerciales entre pays on voie de développoment, ut notamment sur l'attention que las pays non participants pourraient avoir prêtée aux procédures d'ceso au Protocole exposécs dans lu document CPC/s/î. Les pays et organisations représentés à la réunion sont indiqués en annexe, 2. Après avoir évoqué., on ouvrant le débat., l'historique du Protocole concernant les négociations commerciales entre pays un voiu de développement,. le Président a- appelé l'attention sur-ses principales dispositions et en particulicr sur celles qui concernent l'accession d'autre~s pays an voie de~ développement. Il a également fait observer qu'il est prévu au. Protocole que les pays participants resteront constamnmcnt attentifs à touted possibilité dQ promouvoir dus négociations à l'effet d'étendre la portée dos concessions et pourront à tout moment parzrainer du telles négociations. 3, Le Président a rappelé que le~ Comité dos pays participants avait invité tous les pays un voie de développement à une réunion spéciale un novembre 1973, afin. de permettre un. échange de vues sur lus mesures qui pourraient Ôtru- prises pour encou- rager d'autres pays on voio de dévuloppemont à accéder au Protocole, et pour cn CPC/S/3 Page 2 étendre le champ d'application, et afin dtexaminer tous problèmes connexes. Comme le mentionnait la note concernant la réunion (document CPC/S/2), les pays en voie de développement non participants ont été invités à.utilaser les procedures. deaccession au Protocole indiquées dans le document CPC/S/î6 4ë Le Président a dit qu'il serait souhaitable dtavoir connaissance des diffi- cultés auxquelles se heurtent les délégations des pays qui, à première vue, peuvent hésiter à envisager d'accéder au Protocole, afin que puissent être examinées les différentes possibilités qui s'offrent pour surmonter ces obstacles. Il a rappelé que la liste des produits faisant l'objet de concessions, ainsi que les marges de préférences, pourraient encore être augmentées afin que les pays participants en retirent plus de bénéfices. L'accession d'autres pays stimulerait davantage encore les efforts que les pays participants déploient déjà pour intensifier les échanges entre pays en voie de développement, conformément aux objectifs proposes dans diverses organisations internationales. Le Président a cité, en particulier, la Déclaration relative à l'instauration d'un nouvel ordre économique inter- national et le Programme d'action adopté a la Sixième session extraordinaire de l'Assemblée générale des Nations Unies. 5. Le Président a souligné que le secrétariat du GATT est prêt- àaider les pays non participants à déterminer les produits qu'ils auraient intérêt à exporter vers les marchés des pays participants, ainsi qu'à rassembler des statistiques et des renseignements sur les régimes commerciaux appliqués par les pays participants aux importations de ces produits. Observations générales 6. Les représentants d'un certain nombre de pays participants ont manifesto leur plein appui au Protocole en tant qu'instrument d'expansion et de promotion des échanges entre pays en voie de développement. A cet égard, il a été fait mention des decisions adoptées dans deverses organisations internationales qui- demandent notamment une entraide collective et une coopération croissante entre pays en voie de développement et qui suggèrent que ces pays accroissent leurs échanges mutuels en s'accordant réciproquement des préférences. Les pays parti- cipants ont réitéré leur désir de faciliter l'accession d'autres pays en voie de développement au Protocole et d'accroître le nombre de produits visés par les concessions reprises dans celui-ci, et ils ont émis l'espoir que les gouvernements des pays non participants seront disposes a prendre dès que possible, avec l'aide du secrétariat, les mesures préliminaires suggérées dans le document CPC/s/1. 7. Les représentants d'un certain nombre de pays qui ne sont pas parties au Protocole ont confirm l'intérêt que porte leur gouvernement à la création d'échanges entre pays en voie de développement et à l'expansion de ces échanges et ont reconnu que le Protocole se prête bien à la réalisation de ces objectifs. Quelques-uns de ces représentants ont fait savoir que leur gouvernement est prêt CPC/S/3 Page 3 à prendre les mesures préliminaires voulues pour déterminer les possibilités d'exportation et ont demandé l'aide du secrétariat à cet égard. Tout en reconnaissant l'importance du Protocole pour l'accroissement des échanges entre pays en voie de développement, les représentants d'autres pays non participants ont déclaré qu'en l'absence d'instructions, ils ne sont pas en mesure de faire connaître la position de leur gouvernement au sujet des propositions contenues dans le document CPC/S/1. Toutefois, ils espèrent pouvoir le faire à une réunion ultérieure du Comité. 8. Plusieurs délégations ont dit qu'une étude du secrétariat sur les avantages que les pays participants ont retirés des concessions aiderait leur gouvernement à prendre une décision en ce qui concerne l'accession au Protocole. A cet égard, les représentants de quelques pays participants ont noté qu'en raison de l'application relativement récente du Protocole et de la publication encore plus récente des instructions administratives, il est trop tôt pour que lon puisse disposer de statistiques commerciales reflétant les avantages tirés du Protocole. Ils ont toutefois indiqué que, quels que soient les résuJtats obtenus jusqu'ici, l'accession d'autres pays pourrait certainement les améliorer. Le Protocole 9. De l'avis des représentants d'un certain nombre de pays qui ne sont pas parties au Protocole, il serait utile d'entamer le processus identification des produits dont l'exportation vers les marchés des pays participants pourrait présenter de l'intér't. nIs s'efforceront d'établir des listes préliminaires de ces produits, qu'ils espèrent être en mesure de terminer, avec l'aide du secrétariat, avant d'entrer en consultations avec les pays participants. Quelques autres représentants ont fait observer qu'en raison du volume de travail exigé par les négociations commerciales rmultilatérales et des incertitudes actuelles de la situation économique mondiale, leur gouvernement hésitait quelque peu à se lancer dans d'autres activités comme celles qui seraient nécessaires pour l'étude de leur accession au Protocole concernant les négo- ciations commerciales entre pays en voie de développement. Ils continueront toutefois à examiner la question. 10. Un représentant a dit que son gouvernement appuyait pleinement le principe des échanges préférentiels entre pays en voie de développement. Ce nest que tout récemment que son pays a établi un tarif douanier experimental qui devrait. devenir définitif au ler janvier 1975. Entre-temps, sa délégation présentera une liste de produits dont l'exportation vers les marches des pays participants intéresse son pays, en vue d'entamer une exploration préliminaire des possibilités d'expansion des échanges mutuels. 11. Le représentant dtun pays participant a dit que son gouvernement apportait son soutien sans réserve à la proposition visant à engager une nouvelle série de négociations commerciales entre pays en voie de développement en vue d'élargir la participation au Protocole, d'augmenter le nombre de produits visés et d'accentuer les abaissements de droits dus aux concessions en vigueur. Il a émis l'espoir que CPC/S/3 Page 4 la suppression d'autres obstacles aux échanges entre pays en voie de dévelop- pement pourrait également atre considérée. Sa délégation établira une liste de produits dont l'exportation vers les marchés d'autres pays participants intéresse son pays et pour lesquels des concessions pourraient être envisagées. Cette liste sera soumise aux pays concernés ainsi qu'au secrétariat. 12. Des représentants de pays participants et non participants ont reconnu qu'il. est important de communiquer aux pays intéressés par les possibilités d'accession, des renseignements supplémentaires sur des questions telles que les dispositions du Protocole, la nature et la portée des concessions en vigueur et les marges de préférence. Toutes les délégations qui désirent obtenir de tels renseignements ont été invitées à contacter le secrétariat. 13. En outre, il a été noté qu'il serait possible d'aider les pays non parti- cipants à identifier les produits dont l'exportation les intéresse, les concessions qu'ils pourraient rechercher ainsi que les avantages et les bénéfices concrets qu'ils pourraient obtenir. Les pays non participants concernés pourraient profiter de cette assistance pour examiner d'abord la liste de concessions annexée au Protocole en vue d'identifier les produits qui les intéressent et de déter- niner s'il en est d'autres pour lesquels il semblerait utile d'explorer les possibilités d'expansion des exportations vers les marchés des pays participants. Il a de nouveau été souligné que ce processus d'identification et d'exploration ne constitue pas un engagement à négocier ou à accéder au Protocole. 14. De l'avis de quelques délégations, la phase exploratoire visant à déterminer les intér8ts commerciaux spécifiques des pays non participants concernés pourrait être abordée sans plus attendre, malgré l'incertitude actuelle qui règne dans les relations économiques internationales et malgré d'autres tentatives importantes qui sont en cours de réalisation telles les négociations commercials multi- latérales. Il a été dit que la présence d'experts dans les délégations parti- cipant aux négociations commerciales multilatérales pourrait permettre d'accroître le nombre de produits visés et de parties au Protocole. A cet égard, le repré- sentant du secrétariat a noté que les pays en voie de développement surveilleront de près l'évolution des relations économiques internationales et étudieront certainement les possibilités d'améliorer la situation de leur commerce et de leurs paiements. De ce point de vue, il semblerait que la coopération mutuelle soit un moyen d'accroitre les échanges des pays en voie de développement et d'améliorer leurs recettes en devises. 15. Le représentant de la Gr'ce, pays participant qui n'a pas encore ratifié le Protocole, a informé le Comité que le conseil des Ministres de son gouvernement a récemment approuvé la ratification. La loi y relative devrait paraître sous peu au Journal Officiel. Son pays a également fourni les renseignements sur les règles d'origine nécessaires pour l'application des concessions. Le représentant du CPC/S/3 Page 5 Mexique, autre pays participant qui se dispose à ratifier le Protocole, a déclare qutentre-terimps son gouvernement est pret à appliquer ses concessions à l'égard d'autres pays participants à charge de réciprocité. En ce qui concerne les procédures qu'il conviendrait de suivre à cet effet, il a été signalée que la question sera examine lors d'une prochaine réunion ordinaire du Comité des pays participants, sur la base d'une demande écrite présentée par le 4Mexique. Le représentant des Philippines, où le Protocole est actuellement en cours de ratification, a déclaré que le programme de ratification a 6té retard en reason d'une importante revision du tarif douanier de son pays. Toutefois, il est convaincu que le processus d'accession sera bientôt terminé. Résumé du Président 16. Dans ses observations finales, le Président a noté qu'il est encourageant que les délégations ces pays non participants soient disposées a accorder une certaine priorité à l'expansion des échanges entre pays en voie de développement. Cela concorde avec les engagements pris par les pays en voie de développement dans diverses instances au sujet de l1augmentation de leurs échanges mutuels. Le Président a déclaré que la réunion avait été fructueuse en ce sens qu'un certain nombre de délégations avaient manifesto l1intérft qu'elles attachent à explorer les possibilities d'accession à titre non officiel, conformément aux prrcédures indiquées dans le document CPC/S/1 et avec l'aide du secrétariat. 17. Il a également noté que les pays participants resteront constamment attentifs aux possibilités d'engager une nouvelle série de négociations commerciales entre eux et avec les pays non participants. L`ô cet égard, les pays intérce:sés pourraient effectuer des travaux préparatoires concernant l'identification des mesures tarifaires et non tarifaires sur lesquelles porteraient Éventuellement les négociations. 18. Il a été convenu quo le Comité des pays participants tiendrait une autre reunion spéciale à une date qui sera fixée par le Pr'sident en consultation avec les délégations, aux fins de déterminer quelles autres mesures sont peut-etre nécessaires pour encourager l'accession au Protocole et d'analyser l'évolution en matiére d'expansion des échanges entre pays en voie de développement dans le cadre du Protocole. CPCIS/3 Page 6 Pays et organizations représentés . la deuxième réunion spéciale du Comité des pays participants Parties au Protocole Brésil Chili Corée Egypte, Rép. arabe d' Espagne Grâce Inde Israël Mexique Pérou Philippines Turquie Pays non participants Algérie Bangladesh Birmanie Bolivie Cameroon Chypre Colombie Cote d'Ivoire Cuba El Salvador Gabon Ghana Guatemala Haïti Honduras Indonésie Irak Iran Jamalque Malaise Nigeria République Dominicaine Roumanie Sénégal Singapour Sri Lanka Thaïlande Trinité-et-Tobago Venezuela Zaïre Observateur CNUCED
GATT Library
fb911gh8870
Article 18 - Tariff Valuation
United Nations Economic and Social Council, February 13, 1947
United Nations. Economic and Social Council and Preparatory Commission of the Conference on Trade and Employment Drafting Committee
13/02/1947
official documents
E/PC/T/C.6/W.76 and E/PC/T/C.6/W/58-80
https://exhibits.stanford.edu/gatt/catalog/fb911gh8870
fb911gh8870_90230288.xml
GATT_149
365
2,416
United Nations Nations Unies ECONOMIC CONSEIL E/PC/T/C.6/w.76 AND ECONOMIQUE 13 February 1947 SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH DRAFTING COMMITTEE OF THE PREPARATORY COMMITTEE OF 0? THE. UNINFEREECE D N(NaNDE COMM O TRAMENTP: D EMPLOYDO ARIILFE 1L8 - TARIF VAIATION .TRs The chCReport of tmhie Tnical Sub-Comttee (E/1PCe/T/C.6/55/Rev., f. page 23)p does not cover aragraph 2 (a) of Article 18 (Tariff Valuation). Certain of the texts which have been presented for discussion are indicated below. A. (United. States original draft) "(a The valpue for duty purgmes of imported products should.be based. on t actual value of the -kndme ohf imported nrbadise on which duty is assessed., or the nearest asqcevrtainable euialent of such value, and. should not be based on the value of products of national origin or on arbitrary or fictitious valuations." egNote: The ea3e for the United States declared himself willing to consider modifications ioin Alternave A, for instance, inclusion of the words "inr the ordinay course of trade" after "actual value". B. (omDerivdiaed. fr Canan and Auopstralian prosals) "(a) The value for duty purposes of imported products sshould be baed on the actual value at which, in the ordinary course of trade, imported. merchandise identically similar to that on which duty is assessed is at the material time sold or offered foomr sale in cparable quantities and aunder sir conditions of sale, or the nearest ascertainable - equivalent of such value. The value for duty purposes should not be based on the value of products of national origin or on arbitrary or fictitious valuations." /ced. (Su ot. STRESD E/PC/T/C.6/W.76 Page 2 C. (Suggested by the United Kingdom) "(a) The value for duty of imported products should be based on the price at which in the ordinary course of trade or commerce, merchandise identically similar to that on which duty is assessed is, at a clearly defined place and time; fetching in the open market on sale in comparable quantities; of the nearest ascertainable equivalent of such price." D. (Alternative suggestion by the United Kingdom) (a) The value for duty purposes of imported goods should not be based on the value of products of national origin or on arbitrary or fictitious valuations ."
GATT Library
mq748xk0895
Article 21. Publication and Administration of Trade Regulations - Advance Notice of Restrictive Regulations : Change to Paragraph 3 Suggested by the Delegation of the United States
United Nations Economic and Social Council, January 24, 1947
United Nations. Economic and Social Council and Preparatory Commission of the Conference on Trade and Employment Drafting Committee
24/01/1947
official documents
E/PC/T/C.6/W.18 and E/PC/T/C.6/W/1-25
https://exhibits.stanford.edu/gatt/catalog/mq748xk0895
mq748xk0895_90230219.xml
GATT_149
209
1,557
United Nations Nations Unies RESTRICTED ECONOMIC CONSEIL 24 January 1947 E/PC/T/C.6/W.18 AND ECONOMIQUE ORIGINAL: ENGLISH SOCIAL COUNCIL ET SOCIAL DRAFTING COMMITTEE OF THE PREPARATORY COMMITTEE OF THE INTERNATIONAL CONFERENCE ON TRADE AND EMPLOYMENT ARTICLE 21. PUBLICATION AND ADMINISTRATION OF TRADE REGULATIONS - ADVANCE -NOTICE OF RESTRICTIVE REGULATIONS Change to Paragraph 3 Suggested by the Delegation of the United States 3. No (law, regulation, decission or) administrative ruling of any Member effecting an advance in a rate of import or export duty or other charge under an established and uniform practice, or imposing a new or more burdensome requirement, restriction or prohibition on imports or exports or on the transfer of payments therefor, shall, as a general rule and within the limits of administrative practicability, be applied to products of any other Member already en route at the time of publication thereof in accordance with paragraph 1 of this Article: Provided, That if any Member customarily exempts from such new or increased obligations products entered or withdrawn from warehouse for consumption, or cleared for export, during a period of thirty days after the date of such publication, such practice shall be considered full compliance with this paragraph. The provisions of this paragraph shall not apply to antidumping or countervailing duties.
GATT Library
zj107yg3758
Article 24 : Addition proposed by the Delegate for the United Kingdom
United Nations Economic and Social Council, January 23, 1947
United Nations. Economic and Social Council and Preparatory Commission of the Conference on Trade and Employment Drafting Committee
23/01/1947
official documents
E/PC/T/C.6/W.15 and E/PC/T/C.6/W/1-25
https://exhibits.stanford.edu/gatt/catalog/zj107yg3758
zj107yg3758_90230215.xml
GATT_149
223
1,597
United Nations Nations Unies E/PC/T/C.6/W.15 ECONOMIC CONSEIL RESTRICTED AND ECONOMIQUE 23 January1947 SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH DRAFTING COMMITTEE OF THE PREPARATORY COMMITTEE OF THE INTERNATIONAL CONFERENCE ON TRADE AND EMPLOYMENT ARTICLE 24 Addition proposed by the Delegate for the United Kingdom (NOTE: It will be observed that hectographed copies of this addendum distributed to some Delegates were incomplete and should be replaced by the text given below.) The United Kingdom Representative proposes that the following be added to Article 24 as a new paragraph or at some other appropriate place in the Charter or the Tariff Schedules: "If any Member Country which has negotiated a consolidation of any of its tariff rates in pursuance of this Article should, at any time while such consolidation remains in effect, alter its method of tariff valuation or its tariff classification in such a way as to increase the duty payable upon any product which, at the time of negotiation of the tariff consolidation, was understood to be covered. thereby, then the other Member or Members at whose request such consolidation was negotiated, shall be entitled to call for further negotiations forthwith, with a view to reaching a satisfactory adjustment of the matter; and the Member which has altered its methods of valuation or its tariff classification shall enter into such further negotiations as requested".
GATT Library
jd151gd9602
Article 25 : Amendments proposed by the Delegate for India
United Nations Economic and Social Council, January 23, 1947
United Nations. Economic and Social Council and Preparatory Commission of the Conference on Trade and Employment Drafting Committee
23/01/1947
official documents
E/PC/T/C.6/W.16 and E/PC/T/C.6/W/1-25
https://exhibits.stanford.edu/gatt/catalog/jd151gd9602
jd151gd9602_90230216.xml
GATT_149
83
706
United Nations Nations Unies RESTRICTED ECONOMIC CONSEIL E/PC/T/C. 6/W.16 AND ECONOMIQUE 23 January 1947 SOCIAL COUNCIL ET SOCIAL ORGINAL: ENGLISH OiGnL: ME OF TM EOMMITTEE TO THE INTERNATIOE D TIONAL OX TRADE A EMPLOYMENTM=LMOD$I1T MM't XMI Paragraph (2) sub:para4raph (e) (i)? Betdeen 'prodats" an. "or"y insert tse following wordB. "or to support the prices".f such producta. Paragraph (2(fs:b-paragraph M:) Delete the passage beginoning with "M-rever any restrictions' and. ending with "the product concfernedd". (See () an (g) on page 12 of the Report).
GATT Library
nc636mh0382
Article 26 Restrictions to Safeguard the balance of payments : As Proposed by the Delegation of the United States
United Nations Economic and Social Council, January 22, 1947
United Nations. Economic and Social Council and Preparatory Commission of the Conference on Trade and Employment Drafting Committee
22/01/1947
official documents
E/PC/T/C.6/W.11 and E/PC/T/C.6/W/1-25
https://exhibits.stanford.edu/gatt/catalog/nc636mh0382
nc636mh0382_90230211.xml
GATT_149
1,439
9,829
United Nations Nations Unies RESTRICTED ECONOMIC CONSEIL E/PC/T/C.6/W.11 AND ECONOMIQUE 22 January 1947 SOCIAL COUNCIL ET SOCIAL ORIGlNAL: ENGLISH DRAFTING COMMITTEE OF THE PREPARATORY COMMITTEE OF THE INTERNATIONAL CONFERENCE ON TRADE AND EMPLOYMENT ARTICLE 26 RESTRICTIONS TO SAFEGUARD THE BALANCE OF PAYMENTS As Proposed by the Delegation of the United States 1. Nember may need to use import restrictions as a means of safeguarding their external financial position and as a step toward[s] the restoration of equilibriun in their balance of payments on a sound and lasting basis, particularly in view of their increased demand for [the] imports needed to carry out their domestic employment, reconstruction, development or social policies. Accordingly, notwithstanding the provisions of Article 25, [Members] an Member may restrict the quantity or value of merchandise permitted to be imported insofar as this is necessary to safeguard [their] its balance of payments and monetary reserves. [The use of import restictions under this paragraph shall conform to the conditions and requirements set out in paragraphs 2, 3 and 4.7 2. [Members undertake to observe the following principles in the use of such restrictions.] The use of import restrictions under paragraph 1 shall be subject to the following requirements: (a) [To] No Member shall [refrain from imposing] impose new restrictions or intensify[ins] existing restrictions except to the extent necessary shaving due regard to any special factors which may be affecting the level of the Member's reserves, to any commitments or other circumstances which may be affecting its need for reserves, or to any special credits or other resources which may be available /to protect to protect its reserves) to stop or [to] forestall the imminant. threat of a serious decline in [the] its level of monetary reserves[;], or. [ii] in the case of a Member with very low monetary reserves, to achieve, a reasonable rate of increase in its reserves; due allowance being made for any special factors which may be affecting the level of the Member's reserves, for any commitments or other circumstences which may be affecting its need for reserves, and for any special credit or other resources which may be available to protect its reserves. (b) [To] Members shall eliminate the restrictions when conditions would no longer justify the imposition of new restrictions under subparagragh (a), and [to] shall relax them progressively as such conditions are approached. (c) [Not to carry the imposition of] Members shall not apply [import] the restrictions [or the intensification of existing restrictions under sub-paragraph (a) to the point at which it involves the] in such a manner as to completely [exclusion on] exclude imports of any class of goods. (a) Any Member which [while] is not [imposing] maintaining restrictions under paragaphs 1 end 2 [,] but which is considering the need for their imposition [of restrictions], shall, before imposing such restrictions (or, in [conditions] circumstances in which [previous] prior consultation is impracticable), [as soon as possible after imposing] immediately following unon the imposition of such restrictions consult with the Organization as to the nature of its balance of payments difficulties, the various corrective measures which may be available, and the possible effects of such measures on the economies of other Members. The Organization shall invite the International Monetary Fund to participate in the consultations. No Member shall be required during such discussions to indicate in advance /the choice the choice or timing of any particular measures which it may ultimately determine to adopt. (b) The Organization may at any time invite any Member [which is imposing] maintaining import restrictions under paragraphs 1 and 2 to consuit with it about the form [and] or extent of the restrictions, and shall invite a Member substantially intensifying such restrictions to consult accordingly within thirty days. Members [agree to] shall accent an invitation to perticipate in such discussions [when so invited]. In the conduct of such discussions the Organization shall consult the International Monetary Fund and any other appropriate specialized Inter-governmental [organizations] agencies, in particular in regard to the alternative methods available to the Member in .pyet .ifclis . . e ques.ton of meeting its balanceLof payments difficulties The 0 2Ctin feander s sub - erraR/ shall, fro yer5rs o ots instftutIon7 not latwr than tw years from the day on rhich this Charter enters into force,[review all restrictions existing Zat its ins'itutlon/ ot day and subsequently maintained under 'rakrhs 2. (c) . Member applying or intending to apply restrictions on imports under] para[, pbs1 and 27 wa s]if it so desire7s consult with the or;vi~zation with a svew [p obtain]ngptior appevious7 r a-proval of the Orgenization for re[ir]ctions which[irt7 ts] Member F~ntend!7 p7onoinses toy oai[nt]ain, tensifior to impose, or for the maintenance, intensifica[ion or positi]n fin the future of restrictions under Opecified future conditions. Tshe lOrganization 8al invite the Inte- tonal Monetary.Fund to participate in the consultations. As. a result of such consultations, the Organization may approve in advance the mrintenanr] imposition o -'intmpsification or inbosition of restrictiois by tha Meiber lr question .nsofaz as the general extent, /degree E/PC / T/C.6/W.11 Page 4 degres and duration of the restrictions are concerned. To the extent to which such approval has been given, the action of the Member [imposing] applying restriction shall not be open to challenge under sub-paragraph (d) insofar as [it] such action relates to conformity with paragraphs 1 and 2. (d) Any Member, which insiders that any other Member is applying import restrictions under paragraphs 1 and 2 in a manner inconsistent with the provisions of those paragraphs or of Articles 27 and 28, or in a manner which unnecessarily demages its commercial interests, may bring the matter for discussion to the Organization, The Member [imposing] applying the restrictions shall then participate in discussions of the reasons for its action. The Organization shall, if it is satisfied that there is prima face case that the complaining Member's interests are adversely affected, consider the complaint. It may then, after ccnsultation with the International Monetary Fund on any matter falling within the competence of the Fund, recommend the withdrawal or modification of restrictions which it determines are being applied in a manner inconsistent with the provisions of paragraphs 1 and 2 or of Articles 27 or 28 or in a manner which unnecessarily damages the interests of another Member. If restrictions are not withdrawn or modified in accordance with the recommendation of the Organization within sixty days, such other Mebers shall be released from such obligations incurred under this Charter towards the Number an lying the restrictions as the Organization may specify. (e) The Organization, in reaching its decision under sub-paragraph (d), shall not recommend the withdrawal or general relaxation of restrictions on the ground that the existing or prospective balance of paments difficulties of the Member in question could be avoided by a change in that Nember's domestic employment; reconstruction, development /or social _ _ E/PC/T/C.6/W.11 Page 5 or social policies. [Members agree, however, that in] In carrying out such domestic policies, however, Members shall pay due regard to the need [to restore sound and lasting] for restoring equilibrium in the balances of payments on a sound and lasting basis. 4. In giving effect to the restrictions on imports under this Article, a Member may select imports for restriction on the grounds of essentiality in such a way as to promote imports required by its domestic employment, reconstruction, development or social policies. In so doing the Member shall avoid all unnecessary damage to the commercial interests of other Members. [and will accept an invitation to consult with any other Member which considers its interests to be so damaged.] 5. If there is persistant and widespread application of [quantitative] import restrictions under this Article, indicating the existence of a General disequilibrium which is restricting international trade, the Organization shall seek consultation with the International Monetary Fund. The Organization may then, in collaboration throughout with the [International Monetry] Fund, initiate discussions to consider whether other measures might not be then, either by those countries whose balances of payments are under pressure or by those countries whose balances of payments are tending to be exceptionally favourable, or by any appropriate inter-governmental agency or organization to remove the underlying causes of the disequilibrium. Members [agree that they will take part shall accept an invitation to participate in such discussions. 6. Throughout this-Section the phrase "[quantitative] import restrictions" includes the restriction of imports by state-trading organizations to an extent grenter than that which would be permissible under Article 32 [(provided that no Member shall be required to disclose information which would hamper the commercial operations of such a state-trading organization).] 7. (No change in this paragraph is proposed.)
GATT Library
qj393jg5099
Article 27 Non-Discriminatory Administration of Quantitative Restrictions : As Proposed by the Delegation of the United States
United Nations Economic and Social Council, January 22, 1947
United Nations. Economic and Social Council and Preparatory Commission of the Conference on Trade and Employment Drafting Committee
22/01/1947
official documents
E/PC/T/C.6/W.10 and E/PC/T/C.6/W/1-25
https://exhibits.stanford.edu/gatt/catalog/qj393jg5099
qj393jg5099_90230210.xml
GATT_149
512
3,588
United Nations Nations Unies ECONOMIC CONSEIL E/PC/T/C.6/W.l0 AND 22 January 1947 AND ECONOMIQIJE SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH DRATING COMMITTEE OF THE PREPARATORY COMMITTEE OF THE INTERNATIONAL CONFERENCE ON TRADE AND EMPLOYMENT ARTICIE 27 NON-DISCRIMINATORY ADMINISTRATION OF QUANTITATIVE RESTRICTIONS As Proposed by the Delegation of the United States 1.[Subject to the provisions of Article 28.] No prohibition or restriction shall be applied by any Member pursuant to this Section on the importation of any product of any other Member or on the exportation of any product destined for any other Member, unless the importation of the like product of all third countries or the exportation of the like product to all third countries is. similarly prohibited or restricted. 2. Pursuant to the principle set forth in paragraph 1, [Members undertake in applying import restrictions to] Members shall observe the following provisions in applying import restrictions: (a) Wherever practicable, [global quotas (whether allocated among supplying countries or not) should be fixed, and notice given of their amount in accordance with subparagraph 3 (b)] 7 the restrictions shall be applied in the form of global quotas, i.e., quotas not allocated among sources of supplly. (b) [where] In cases in which global quotas are not practicable, [import] the restrictions may be applied by means of import licenses or permits without a [global] quota. (c) Import licenses -or permits which may be issued in connection with import restrictions (whether or not within the limits of [global] quotas) shall not, save for purposes of operating quotas allocated /in accordance E/PC/T/C.6/W.10 Page 2 in accordance with subparagraph (d), require or provide that the license or permit be utilized for the inportation of the product concerned from a particular country or source; (d) In cases [where] in which [these methods of licensing the methods provided for in subpararaphs (a), (b) and (c) are found impracticable or unsuitable, the Member concerned may apply the restrictions in the form of a quota allocated among supplying countries. In that event, the shares of the various [Member supplying countries] Member countries supplying product [shoud] shall in principle be determined in accordance with commercial considerations such as, e.g., price, quality and customary sources of supply. For the purpose of appraising such commercial considerations, the Member applying the restrictions may seek agreement with respect to the allocation of shares in the quota with all other Members having a substantial interest in supplying the product concerned In cases [where] in which this method is not reasonably [practical] practicable, the Member concerned [should] shall allot to Member countries having a substantial interest in supllying the product, shares based upon the proportions of the total quantity or value of the product supplied by such Member countries during a previous representative period, due account being taken of any special factors which may have affected or :be affecting the trade in the product. '(e) (No change) 3. (a) (In line 1, change "Where" to "in. which"; in line 7, delete, "as to"; in line 8, delete '"however"). . (b) (No change) - (c) (No change) . 4. (No change)