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GATT Library | fn796vn5783 | Draft charter : Proposed amendment by the Delegation of Costa Rica | United Nations Conference on Trade and Employment, December 1, 1947 | 01/12/1947 | official documents | E/CONF.2/11/Add.16 and E/CONF.2/8-13 | https://exhibits.stanford.edu/gatt/catalog/fn796vn5783 | fn796vn5783_90040044.xml | GATT_150 | 383 | 2,406 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET
UNRESTRICTED
E/CONF. 2/11/Add.16
1 December 1947
DE L'EMPLOI ENGLISH
ORINIGNAL: SPANISH
The delegation of Costa Rica proposes the following amendments to the
Draft Charter:
Add the following paragraph 4 to Article 12:
4. The Members of the Organization are agreed that in order
to stimulate investment and to avoid double taxation, which is
so detrimental to investment policy, the profits derived from
industrial or agricultural enterprises shall not be subjected
to taxes other than those imposed, in accordance with the
principle of equality of treatment, by the State in which such
enterprises are developing their production activity; the
Members also agree that the profits or dividends accruing to
the proprietors or shareholders shall not be taxed by any
State other than that in which the capital concerned has
actually been invested."
II
In Article 14, paragraph (b), replace the phrase "on that day,
prior to their signature" by the phrase "before this Charter is finally
ratified by the appropriate organs in accordence with the Member's own
political constitution," and replace the word "signed" in paragraph (c)
by the term "ratified."
III
Insert in paragraph1(d) of Article 16 an additional Annex G, as
follows:
ANNEX G
List of territories to which the perferential arrangements
referred to in paragraph 2 (d) of Artcle 16 apply:
Costa Rica
El Salvador
Guatemala
Honducas
Nicaragua
/IV Add the E/CONF.2/11/Add.16
Page 2
IV
Add the following sentence to paragraph 1 of Article 18:
"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."
V
Add the following paragraph to Article 32:
"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."
VI
In paragraph 1, Article 62, replace the words "a period of not
more than five years" by the words "fixed periods," and the phrase
"a period not Exceeding five years" by "a term equal to the initial
period." |
|
GATT Library | jw552gv3507 | Draft charter : Proposed amendment by the Delegation of Costa Rica | United Nations Conference on Trade and Employment, December 1, 1947 | 01/12/1947 | official documents | E/CONF.2/11/Add.16 and E/CONF.2/8-13 | https://exhibits.stanford.edu/gatt/catalog/jw552gv3507 | jw552gv3507_90040044.xml | GATT_150 | 0 | 0 | ||
GATT Library | cw300fv1876 | Draft Charter : Safeguards for members subject to external deflationary pressure. Amendment presented by the French Delegation | United Nations Economic and Social Council, May 12, 1947 | United Nations. Economic and Social Council | 12/05/1947 | official documents | E/PC/TW.60 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/cw300fv1876 | cw300fv1876_90050189.xml | GATT_150 | 296 | 2,068 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/TW.60.
AND ECONOMIQUE 12 May. 1947
SOCIAL COUNCIL ET SOCIAL
DRAFT CHARTER
Safeguards for members subject to
external deflationary pressure.
Amendment presented by the French
Delegation.
Article 7. A serious decline in effective demand, as
contemplated in Article 7, may have effects
comparable to these of a crisis of over-
productlon. It is therefore appropriate
in such a case to establish a. procedure
similar to that laid down in Chapter 7 with
a view to preventing the over-production of
certain commodities.
The French delegation accordingly submitted
to the Drafting Committee in New York an
amendment (Document E/PC/T/C 6/W.24) which
it now presents again, the text being as
follows:
"Article 7,-Safeguards for countries subject to cxternal
deflationary pressure.
1. The Organization shall have regard to the possible
need of Members to safeguard their economies against a
serious end abrupt decline in the external demand for goods
and services due to deflationary pressure from other countries,
2. When a Member is subject, or foresees that it will
be subject, to the prejudical effects of such pressure, it
may, after consulting the Organisation, take protective
measures in derogation of the obligations contracted by it
under the provisions of this Charter. Nevertheless, in
critical and exceptional circumstances, such measures may
be taken provisionally without previous consultation, on the
understanding that the Organization shall be informed
immediately after the application of these measures.
3. In the cases provided for in paragraphs 1 and 2,
the Orpanization, either on its own initiative or at the
request of a Member whose interests are substantially
affected, shall convene a Conference with a view to defining,
if necessary with the assistance of the specialised agencies,
the measures to be taken within the competence of the
Organization",
.
. |
GATT Library | jq159jp5156 | Draft charter. Sweden: Proposed amendment to article 12 | United Nations Conference on Trade and Employment, December 1, 1947 | 01/12/1947 | official documents | E/CONF.2/11/Add.13 and E/CONF.2/8-13 | https://exhibits.stanford.edu/gatt/catalog/jq159jp5156 | jq159jp5156_90040041.xml | GATT_150 | 48 | 353 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE LE'MPLOI
DRAFT CHARTER
SWEDEN: PROPOSED AMENDMENT TO ARTICLE 12
In paragraph 2 (a)
activity" for the words
(iii) substitute the words "branch of economic
"branch of industry".
UNRESTRICTED
E/CONF.2/11/Add.13
1 December 1947
ORIGINAL: ENGLISH |
|
GATT Library | cr828sg0615 | Draft Charter. Sweden: proposed amendments | United Nations Conference on Trade and Employment, December 7, 1947 | Sixth Committee: Organization | 07/12/1947 | official documents | E/CONF.2/C.6/2/Add.19 and E/CONF.2/C.6/1-12/ADD.4 | https://exhibits.stanford.edu/gatt/catalog/cr828sg0615 | cr828sg0615_90170021.xml | GATT_150 | 148 | 1,090 | United Nations Nations Unies E/CONF.2/C.6/2/Add.19 7 December 1947
CONFERENCE CONFERENCE ORIGINAL: ENGLISH
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SIXTH COMMITTEE: ORGANIZATION
DRAFT CHARTER
SWEDEN: PROPOSED AMENIMENTS
Article 91
In order to make also other parts of Article 90 than paragraph 3 subject
to review by the International Court of Justice the following wording of
paragraph 2 is proposed:
2, Any resolution or decision of the Conference under this Charter
shall, upon the instance of any substantially interested Member, be
subject to review by the International Court of Justice through the
meene of a request by the Organization for an advisory opinion pursuant
to the Statute of the International Court of Justice.
Article 96
Delete the whole article
Reasons
Should a general review of the Charter prove necessary, the confercinee
may provide therefor without any specific rule, and choose the most suitable
time for such purpose. |
GATT Library | rx935jy7381 | Draft Charter Sweden: proposed amendments | United Nations Conference on Trade and Employment, December 6, 1947 | Third Committee: Commercial Policy | 06/12/1947 | official documents | E/CONF.2/0.3/1/Add.40 and E/CONF.2/C.3/1-1/ADD.44 | https://exhibits.stanford.edu/gatt/catalog/rx935jy7381 | rx935jy7381_90190046.xml | GATT_150 | 278 | 2,025 | UNRESTRICTED
United Nations Nations Unies E/CONF.2/0.3/1/ Add.40
CONFRENCE CONFERENCE 6 December 1947
ON DU ORIGlNAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLO
THIRD COMMITTEE: COMMERCIAL POLICY
DRAFT CHARTER
SWEDEN: PROPOSED AMENDMENTS
Article 18
In paragraph 1, second sentence, delete the words "of national origin".
Reasons
The meaning of the provision seems to be that there is a domestic
production of like articles, irrespective of the degree in which foreign
raw materials enter into this production.
In subparagraph 4 (b) substitute "system" for "measures", respectively
"measure".
Reasons
It is understood that his prescription has in vir& the system in force
on the respective dates and not the detailed provisions concerning its
application.
Article 20
At the end of sub-paragraph 2 (a) add the following: "or to meet a
considerable rise in prices of foodstuffs".
Reasons
It seems reasonable that quantitative restrictions may be used to
prevent an increase in prices detrimental to the consumers.
In sub-paragraph 2 (c) (ii) substitute "domestic consumption purposes"
for "groups of domestic consumers".
Reasons
The amendment is intended to allow a more elastic application of the
principle in question.
In sub-paragraph 2 (c) add a new exception clause: "(iv) to level out
seasonal and other short term fluctuations in the supply of domestic animal.
products".
Reasons
The amendment is intended to secure more stable market conditions, which
seems to be in the interest of exporting and importing countries alike.
/Article 26 E/CONF2/C.3/I/Add.O40
Page 2
Article 26
In paragraph 2, first senterar,, insert the words "directly or Indirectly"
between "taxes" and "imposed".
Reasons
The exception ought to comprise also duties on raw materials and
semi-manufactured goods used for the production of the exported articles. |
GATT Library | jz793vg4126 | Draft charter. Switzerland: Proposed amendment | United Nations Conference on Trade and Employment, December 1, 1947 | 01/12/1947 | official documents | E/CONF.2/11/Add.12 and E/CONF.2/8-13 | https://exhibits.stanford.edu/gatt/catalog/jz793vg4126 | jz793vg4126_90040040.xml | GATT_150 | 87 | 650 | United Nations Nations Unies
CONFERENCE
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/11/Add.12
1 December 1947
ENGLISH
ORIGINAL:FRENCH
DRAFT CHARTER
SWITZERLAND: PROPOSED AMENDMENT
To be inserted at the beginning of Section F- Special Provisions -of
Chapter IV( of the Draft Charter:
"A Member, 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, way take such steps as are necessary for
safeguarding its vital interests." |
|
GATT Library | tw023kf3777 | Draft Charter Switzerland: proposed amendment | United Nations Conference on Trade and Employment, December 5, 1947 | Third Committee: Commercial Policy | 05/12/1947 | official documents | E/CONF.2/C.3/1/Add.16 and E/CONF.2/C.3/1-1/ADD.44 | https://exhibits.stanford.edu/gatt/catalog/tw023kf3777 | tw023kf3777_90190020.xml | GATT_150 | 75 | 565 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C.3/1/ Add.16
5 December 1947
ENGLISH
ORIGINAL: FRENCH
THIRD COMMITTEE: GENERAL COMMERCIAL POLICY
DRAFT CHARTER
SWITZERLAND: PROPOSED AMENDMENT
Paragraph 6 of Article 31 to be reworded as follows:
"6. The provisions of this Article are not applicable to monopolies
established and operated mainly for social, cultural, humanitarian or
revenue purposes or for safeguarding the country's supplies of basic
foodstuffs." |
GATT Library | kw139fk7941 | Draft Charter Syria and Lebanon: proposed amendment | United Nations Conference on Trade and Employment, December 5, 1947 | Third Committee: Commercial Policy | 05/12/1947 | official documents | E/CONF.2/C.3/1/Add.20 and E/CONF.2/C.3/1-1/ADD.44 | https://exhibits.stanford.edu/gatt/catalog/kw139fk7941 | kw139fk7941_90190023.xml | GATT_150 | 226 | 1,543 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C. 3/1/
ON DU Add.20
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 5 December 1947 ENGLISH
ORIGINAL: FRENCH
THIRD COMMITTE: COMMERCIAL POLICY
DRAFT CHARTER
SYRIA AND LEBANON: PROPOSED AMENDMENT
Article 33
A. Insert a new paragraph 1, as follows:
"1. The Members recognize that the practice of dumping in any form
is to be condemned. and is inconsistent with the general purposes of
this Charter."
B. Amend the first sentence of the original paragraph 1 (now paragraph 2),
as follows:
"2. An anti-dumping duty may be imposed on any product of any Member
country imported into any other Member country, equal to the total
margin of dumping on that product."
C. Paragraphs 3, 4 and 5 are re-numbered 4, 5 and 6 and retained in their
present form.
D. Delete the present paragraph 6 and insert a new paragraph 7:
"7. If a Member country exporting a like product considers it is being
injured by dumping practised by another Member, it may refer the matter
to the Organization. The Organization shall conduct an investigation
and make appropriate recommendations to the Member concerned.
"If the Organization finds that the latter fails to put its
recommendation into effect, it shall recognize the right of the
complaining Member to refuse to apply agreed tariff advantages to the
trade of the defaulting Member." |
GATT Library | hr021zw8105 | Draft Charter Syria and Lebanon: proposed amendments | United Nations Conference on Trade and Employment, December 4, 1947 | Third Committee: Commercial Policy | 04/12/1947 | official documents | E/CONF.2/C.3/1/Add.12 and E/CONF.2/C.3/1-1/ADD.44 | https://exhibits.stanford.edu/gatt/catalog/hr021zw8105 | hr021zw8105_90190014.xml | GATT_150 | 178 | 1,288 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/C0NF.2//C.3/l/ Add.12
ON DU 4 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH ORIGINAL: FRENCH
THIRD COMMITTEE: COMMERCIAL POLICY
DRAFT CHARTER
SYRIA AND LEBANON: PROPOSED AMENIMENTS
Article 18
Amend the first paragraph of Article 18 as follows:
"1. The products of any Member country imported into any other Member
country and included In the lists of concessions attached to the
General Agreement on Tariffs and Trade shall be exempt from new
Internal taxes and other internal charges of any kind in excess of
those which may be applied directly or indirectly to llke products of
national origin.
As regards other imported products, the procedure followed in
connection with internal taxes and other internal charges shall be
identical with that applying to custom tariffs."
Article 22
Add a new paragraph 6:
". Should the reserves of the currency of one or more supplying
countries available to an importing country be inadequate, the
procedure for allocating quotas or granting licences shall be modified
according to the reserves of such currency available." |
GATT Library | vw895tj9377 | Draft charter. Turkey: Proposed amendment | United Nations Conference on Trade and Employment, December 2, 1947 | 02/12/1947 | official documents | E/CONF.2/11/Add.25 and E/CONF.2/8-13 | https://exhibits.stanford.edu/gatt/catalog/vw895tj9377 | vw895tj9377_90040056.xml | GATT_150 | 78 | 534 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/11/Add.25
2 December 1947
ENGLISH
ORGINAL: FRENCH
DRAFT CHARTER
TURKEY: PROPOSED AMENDMENT
Article 16
Add a new paragraph 4, worded as follows:
"4.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." |
|
GATT Library | cw864bt1680 | Draft charter. Turkey: Proposed amendments | United Nations Conference on Trade and Employment, December 2, 1947 | 02/12/1947 | official documents | E/CONF.2/11/Add.26 and E/CONF.2/8-13 | https://exhibits.stanford.edu/gatt/catalog/cw864bt1680 | cw864bt1680_90040057.xml | GATT_150 | 275 | 1,815 | United Nations CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
E/CONF.2/11/Add.26
2 December 1947
ORIGINAL: FRENCH
DRAFT CHARTER
TURKEY: PROPOSED AMENDMENTS
CHAPTER III
Article 10
Add at the end of the last paragraph:
"The Organization shall, in addition, recommend the International
Bank for Reconstruction and Development to consider applications for
grants of capital made by the economically backward countries."
Article 13
Paragraph 2, sub-paragraph (a):
Replace the words "considers it desirable to adopt" by the word
"adopts".
Delete the word "proposed" in the last line.
Amend the remainder of the article similarly.
Article 14
Paragraph 1, sub-paragraph (b):
Replace the phrase "the day of its general signature" by the words
"the date of deposit of the instrument of acceptance".
Insert a new paragraph 4, as follows:
"4. Nevertheless, changes in customs tariffs made in consequence
of an actual or projected devaluation may not in any way be considered
as constituting a tariff increase or a protective measure."
CHAPTER IV
Article 16
(The text of the amendment has already been submitted to the Secretariat).
Article 22
Paragraph 2, sub-paragraph (d) - Add at the end of paragraph 2:
"In allocations quotas, due account should also be taken of the
position of those economically backward countries which at the time
of application of the restriction might be suppliers of the product."
Article 35
The begining of paragraph 1 should read as follows:
"The Members recognize that fees and charges other than duties
imposed in payment for services rendered by governmental authorities
in connection with importation or exportation should be limited in
amount to the approximate cost of those services." The text then |
|
GATT Library | ps043gw4701 | Draft Charter Union of South Africa: proposed amendment | United Nations Conference on Trade and Employment, December 6, 1947 | First Committee: Employment and Economic Activity | 06/12/1947 | official documents | E/CONF.2/C.1/3/Add.3 and E/CONF.2/C.1/1-26 | https://exhibits.stanford.edu/gatt/catalog/ps043gw4701 | ps043gw4701_90180227.xml | GATT_150 | 72 | 581 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies UNRESTRICTED
CONFERENCE Add.3
DU 6 December 1947
COMMERCE ET DE L'EMIPLOI ORIGINAL:: ENGLISH
FRST CMMITTEE: EMPLMYOEMNT AND ECONOMIC ACTIVTIY
DRAFT CHARTER
UNION OF SOUTH AFRICA; PROPOSED AMENDMENT
Add the following words after the first sentence:
"Any complaints received by the Organization under this
Article shall be transferred to the International Labour
Organization and........."
(second sentence of Article 4 becomes continuation of above sentence). |
GATT Library | ph217hb5335 | Draft charter. Union of South Africa: Proposed amendment | United Nations Conference on Trade and Employment, December 1, 1947 | 01/12/1947 | official documents | E/CONF.2/11/Add.7 and E/CONF.2/8-13 | https://exhibits.stanford.edu/gatt/catalog/ph217hb5335 | ph217hb5335_90040034.xml | GATT_150 | 127 | 945 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/11/Add.7
ON DU 1 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
DRAFT CHARTER
UNION OF SOUTH AFRICA: PROPOSED AMENDMENT
In Article 90 delete the words "or if it falls within Article 89 (c)"
and insert the following words after "it may":
"If the representations or proposals refer
(a) to any obligation which a Member has assumed pursuant to
Article 12; or
(b) to exceptions which the Organization has granted pursuant to
the provisions of Articles 13, 14 or 15; or
(c) to any obligations which a Member has assumed under Chapter IV
or Chapter V or to any obligations which a Member has assumed through
negotiations with any other Member or Members pursuant to Chapter IV." |
|
GATT Library | jk896yj3070 | Draft charter. United Kingdom: Proposed amendment | United Nations Conference on Trade and Employment, December 1, 1947 | 01/12/1947 | official documents | E/CONF.2/11/Add.8 and E/CONF.2/8-13 | https://exhibits.stanford.edu/gatt/catalog/jk896yj3070 | jk896yj3070_90040035.xml | GATT_150 | 527 | 3,504 | United Nations Nations Unies UNRESTRICTED
E/C0NF. 2/11/Add. 8
CONFERENCE CONFERENCE 1December 1947
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
UNITED KINGDOM: PROPOSED AMENDMENT
The delegation of the United Kingdom wish to suggest the following
amendments to Chapter III of the Draft Charter:
Article 13
Delete comma in line 10 of paragraph 1 and inert "and"
In paragraph 4 (c), lines 13 and 14, for "the industry or industries
concerned, or branches of agriculture concerned" substitute "the industry
or industries or branches of agriculture concerned",
Article 14
Paragraph 1. In line 2 after the word "protective measure" insert
the words "in force on the 1st September, 1947".
The delegation of the United Kingdom wish to suggest the following
amendments to Chapter IV of the Draft Charter:
Article l7, paragraph 1 (d), last two lines
For "General Agreement on Tariff Trade" substitute "General Agreement
on Tariffs and Trade".
Article 18, paragraph 1, line 5
The first sentence of the paragraph should be amended to read
"The products of any Member country imported into any other Member
country shall not be subjected, directly or indirectly, to any internal
taxes or other internal charges of any kind in excess of those applied
to like products of national origin".
Article 19
Sub-paragraph (b): "No" should be deleted from line 3, and the
last two-and-a-half lines should be altered to "shall not be allocated
formally or in effect among sources of supply".
Sub-paragraph (c): for "Members" in line 2, substitute "any Member";
for "conditions" in line 4, substitute "requirements"; aid for "national"
in line 6, substitute specified".
Note: The United Kingdom reservation on this Article mentioned in the
footnotes was withdrawn before the end of the Geneva Meeting.
Article 20
In paragraph 2 (c) (i), the words "of the like domestic product"
in lines 2 and 3 should be deleted, and the same words inserted after
"quantities" in line 1.
/Article 23 (1) (b) (ii) 2
Article 23 (1) (b) (ii)
For "the gold or convertible currencies...appreciably reduced"
substitute "by which the Member's receipts from exports to other
Members not party to the arrangement whose currencies are convertible
are appreciably reduced".
Article 30
Paragraph 1(a), lines 8 and 9: for "applied in this Charter to
governmental measures" substitute "prescribed in this Charter for
governmental measures".
Paragraph 1(b), line 7: for "prices" substitute "price".
Article 37
Delete the words "and those of sub-paragraph (b)" from the end of
paragraph 3 (c).
Article 42
Paragraph 2 (b): for the first proviso substitute the following:
"Provided that the duties and other regulations of commerce
imposed 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.....".
The delegation of the United Kingdom wish to suggest the following
amendment to Chapter VIII of the Draft Charter:
In Article 90 (2), after the words "Board and such Members"
(line 4) add the words "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 refereed to the
Organization for decision". |
|
GATT Library | xm464vq2636 | Draft charter. United States: Proposed addition | United Nations Conference on Trade and Employment, December 5, 1947 | Fifth Committee: Inter-Governmental Commodity Agreements | 05/12/1947 | official documents | E/CONF.2/C.5/3/Add.5 and E/CONF. 2/C. 5/1-19 C. 5/A/1-2 | https://exhibits.stanford.edu/gatt/catalog/xm464vq2636 | xm464vq2636_90200040.xml | GATT_150 | 89 | 667 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C.5/3/
Add. 5
5 December 1947
ORIGINAL: ENGLISH
FIFTH COMMITTEE: INTER-GOVERNMENTAL COMMODITY AGREEMENTS
DRAFT CHARTER
UNITED STATES: PROPOSED ADDITION
Addition to paragraph 1, Article 67
(d) to any inter-governmental commodity agreement, or any provision
in such an agreement, made to meet the essential requirements of national
security.
Note
The provisions of this Chapter do not appropriately apply to agreements
relating to military security. It is therefore considered that such agreements
should be excepted. |
GATT Library | hx521mq5610 | Draft Charter United States: proposed additions | United Nations Conference on Trade and Employment, December 5, 1947 | Third Committee: Commercial Policy | 05/12/1947 | official documents | E/CONF.2/C.3/1/Add.21 and E/CONF.2/C.3/1-1/ADD.44 | https://exhibits.stanford.edu/gatt/catalog/hx521mq5610 | hx521mq5610_90190024.xml | GATT_150 | 191 | 1,402 | United Nations Nations Unies
CONFERENCE CONFERENCE UNRESTRICTED
ON DU E/CONF.2/C.3/ 1/
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI Add.21 5 December 1947
INALIGMNGLISHISS
TEIRD MOTTTI'EE:OMCERaNMCIAL POLICY
DTRAF PTERCHA
UNITED STATES: PROPOSED ADDITIONS
Add. the following new paragraph to Article 17:
i. The negotiations leading to the conclusion of the Generalr Ageement
on Tariffs and Trade contai ei. tn the Final Act signed at Geneva on
30 October 1947 shall be deemed to be negotiations pursaant to the
relevant provisions of this Charter.
mamwent
an % number of Articles in the Charter, reference is made to negotiations
under Article 17 or concessions negotiated pursuant to Chapter IV. Is i1
clearly intended that the negotiations leading up to the General Agreement
should be regarded as negotiations under or pursuant to the pertinent
provisions of the Charter.
Article 18
National Treatment on Internal Taxation and Regulations.
Add a new paragraph to Article 18, as foll:ws;
Taxes orgu relations imposed on imports solely to compensate for
equivalent charges or regulations imposed internally in respect of a
domestic product shall be regarded as internal taxes or regulations
subject to all the requirements of this Article.
_ |
GATT Library | fp298zp7152 | Draft charter. United States: Proposed amendment | United Nations Conference on Trade and Employment, December 1, 1947 | 01/12/1947 | official documents | E/CONF.2/11/Add.20 and E/CONF.2/8-13 | https://exhibits.stanford.edu/gatt/catalog/fp298zp7152 | fp298zp7152_90040049.xml | GATT_150 | 379 | 2,789 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/11/Add.20
ON DU 1 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL:ENGLISH
DRAFT CHARTER
UNITED STATES: PROPOSED AMENDMENT
CHAPTER III
ECONOMIC DEVELOPMENT
Article 12
International Investment for Economic Development
1. The Members recognize that, with appropriate safeguards, including
measures adequate to onsure that foreign investment is not Used as a basis
for interference in the internal affairs or national policies of Members,
lnternational investment, both public and private, can be of great value
In promoting economic development and consequent social progress. They
recognize that such development would be facilitated if Members were to
afford, for international investments acceptable to them, reasonable
opportunities upon equitable terms to the nationals of other Members and
security for existing and future investments. Accordingly they agree to
provide, consistent with the [limitations] safeguards 1/ recognized as
necessary ln this Article, the widest opportunities for investment and the
greatest security for existing and future investments.
2. Each Member shall, upon the request of other Member enter into
and carry out with such other Member negotiations directed to giving effect
to the provisons of paragraph 1 of this Article.
3. Members shall promote co-operation between national and foreign
enterprises or investors for the purpose of fostering economic development
in cases where such co-operation appears to the Members concerned to be
appropriate.
Footnotes:
1/ This amendment is a consequence of the proposed deletion of paragraph 2
of Article 12 of the Geneva Draft.
2/ The delegation of the United States suggests for this paragraph the simple
statement that members shall, if requested, proceed with negotiations
directed to giving effect to the provisions of paragraph 1 of Article 12.
This statement is a desirable and unambiguous method of handling problems
arising in connection with the provisions of Article 12 of the Geneva
Draft. It is pointed out that there was substantial unaimity at Geneva
on paragraph 1 as a statement of objectives. The paragraph now suggested
as paragraph 2 provides for the carrying out in subsequent negotiations
of the principles thus agreed under paragraph 1, and is not open to the
objections and pitfalls which accompany an attempt to write detailed
rules into the Charter.
3/ This paragraph has been retained In the form shown in the Geneva Draft. |
|
GATT Library | yn504jr0087 | Draft charter. United States: Proposed amendment | United Nations Conference on Trade and Employment, December 2, 1947 | 02/12/1947 | official documents | E/CONF.2/11/Add.20/Rev.1 and E/CONF.2/8-13 | https://exhibits.stanford.edu/gatt/catalog/yn504jr0087 | yn504jr0087_90040050.xml | GATT_150 | 706 | 4,860 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/11/Add.20/Rev.1
ON DU 2 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
DRAFT CHARTER
UNITED STATES: PROPOSED AMENDMENT
CHAPTER III - ECONOMIC DEVELOPMENT
Article 12
International Investment for Economic Development
1. The Members recognize that, with appropriate safeguards, including
measures adequate to ensure that foreign investment is not used as a basis
for interference in the internal affairs or national policies of Members,
international investment, both public and private, can be of great value
in promoting economic development and consequent social progress. They
recognize that such development would be facilitated if Members were to
afford, for international investments acceptable to them, reasonable
opportunities upon equitable terms to the nationals of other Members and
security for existing and future investments. Accordingly they agree to
provide, consistent with the [limitations] safeguards recognized as
necessary in this Article, the widest opportunities for investment and the
greatest security for existing and future investments.
[2.** Subject to restrictions imposed in accordance with the Articles of
* This amendment is a consequence of the proposed deletion of paragraph 2
of Article 12 of the Geneva Draft.
** The changes indicated is suggested by the delegation of the United States
largely because of difficulties of interpretation and of substance arising
out of the draft prepared at Geneva. It will be recalled that this
subject was discussed for the first time at Geneva. At Geneva, it was
argued by certain delegations that the attempt to state definite rules for
treatment of foreign investment in the Charter could only result in a
cumbersome, unworkable and exception-ridden provision. It was agreed
neverthless that the attempt to draft acceptable provisions of a detailed
nature should be made.
The delegation of the United States has now come to the coonclusions, after
close study of the resultant paragraph 2 of Article 12, that the attempt
was not successful. The paragraph as contained in the Geneva Draft is
cloudy and difficult. The exception contained in the paragraph are such
as to obscure and overshadow the rule. Interpretative difficulties, many
of which were pointed out at Geneva, are numerous, and are attested by the
lengthy footnote to the paragraph, and the footnote itself gives rise to
interpretative problems.
The delegation of the United States has therefore concluded that
paragraph 2 of Article 12 of the Geneva Draft should be deleted, and a
simpler paragraph should be substituted.
/Agreement of E/CONF.2/11/Add.20/Rev.1
Page 2
Agreement at the International Monetary Fund or with a special exchange
agreement entered into between the Member and the Organization under
paragraph 6 of Article 24 of this Charter,
(a) with respect to existing investments or to future investments
after they have been made, no Member shall impose, directly or
indirectly, requirements on the investments of nationals of other
Members which are appreciably more onerous than those which
(b) Members shall make just campensation if the property, in which a
national of another Member has an interest, is taken Into public
ownership or placed under public management or occupation.]
3.* Each Member shall, upon the request of any other Member enter
and carry out with such other Member negotiations directed to giving effect
to the provisions of paragraph 1 of this Article.
4.** Members shall promote co-operation between national and foreign
enterprises or investors for the purpose of fostering economic development
in cases where such co-operation appears to the Members concerned to be
appropriate.
* The delegation of the United States suggests for this paragraph the simple
statement that members shall, if requested, proceed with negotiations
directed to giving effect to the provisions of paragraph 1 of Article 12.
This statement is a desirable and unambiguous method of handling problems
arising in connection with the provisions of Article 12 of the Geneva
Draft. It is pointed out that there was substantial unanimity at Geneva
on paragraph 1 as a statement of objectives. The paragraph now suggested
as paragraph 2 provides for the carrying out in subsequent negotiations
of the principles thus agreed under paragraph 1, and is not open to the
objections and pitfalls which accompany an attempt to write detailed rules
into the Charter.
** This paragraph has been retained in the form shown in the Geneva Draft. |
|
GATT Library | yn563tm5102 | Draft charter. United States: Proposed amendment | United Nations Conference on Trade and Employment, December 2, 1947 | 02/12/1947 | official documents | E/CONF.2/11/Add.20/Rev.2 and E/CONF.2/8-13 | https://exhibits.stanford.edu/gatt/catalog/yn563tm5102 | yn563tm5102_90040051.xml | GATT_150 | 606 | 4,179 | United Nations Nations Unies
CONFERENCE CONFERENCE UNRESTRICTED
ON DU E/CONF. 2/11/Add. 20/ Rev.2
TRADE AND EMPLOYMENT COMMERCE ET DEL'EMPLOI 2. December 1947
ORIGINAL: ENGLISH
DRAFT CHARTER UNITED STATES: PROPOSED AMENDMENT
CHAPTER III - ECONOMIC DEVELOPMENT
Article 12
International Investment for Economic Development
1. The Members recognize that, with appropriate safeguards, including
measures adequate to that foreign investment is not used as a basis
for interference in the internal affairs or national policies of Members,
international investment, both public and private, can be of great value
in promoting economic development and consequent social progress. They
recognize that such development would be facilitated if Members were to
afford, for international investments acceptable to them, reasonable
opportunities upon equitable terms to the nationals of other Members and
security for existing and future investments. Accordingly they agree to
provide, consistent with the [limitations] safeguards(a) recognized as
necessary in this Article, the widest opportunities for investment and the
greatest security for existing and future investments.
[2. Delete entire paragraph 2.](b)
(a) This amendment is a consequence of the proposed deletion of paragraph 2
of Article 12 of the Geneva Draft.
(b) The change indicated is suggested by the delegation of the United States
largely because of difficulties of interpretation and of substance arising.
out or the draft prepared at Geneva. It will be recalled that this
subject was discussed for the first time at Geneva. At Geneva it was
argued by certain delegations that the attempt to state definite rules for
treatment of foreign investment in the Charter could only result in a
cumbersome, unworkable and exception-ridden provision. It was agreed,
nevertheless that the attempt to draft acceptable provisions of detailed
nature shuUld bemade.-
The delegation of the United States has now come to the conclusion after
close study of the resultant paragraph 2 of Article l2, that the attempt
was notsSuccessfu. The paragraph as continued in the Geneva Draft is
cloudy and difficult. The exceptions contained in the Paragraph aresSuch
as to obscure and overshadow the rule. Interpretature difficulties, many
of which were pointed out at Geneva, are numerous, and are attested by the
lengthy footnote to the pargGraph, and the footnote itself gives rise to
Interpretative problems. ' ' - ,., :'/..,;
The delegation of ththatited States has therefore concluded
paragraph 2 of Article 12 of the Geneva Draft should be deleted, and a
simpler paragraph should be substituted.
/Agreement of E/CONF. 2/11/Add. 20/Rev. 2
Page 2
3. Each Member shall, upon the request of any other Member enter into
and carry out with such other Member negotiations directed to giving effect
to the provisions of paragraph 1 of this Article. (c)
4. Members shall promote co-operation between national and foreign
enterprises or investors for the purpose of fostering economic development
in cases where such co-operation appears to the Members concerned to be
appropriate.(d)
(c) The delegation of the United States suggests for this paragraph the simple
statement that members shall, if requested, proceed with negotiations
directed to giving effect to the provisions of paragraph 1 of Article 12.
This statement is a desirable and unambiguous method of handling problems
arising in connection with the provisions of Article 12 of the Geneva
Draft. It is pointed out that there was substantial unanimity at Geneva
on paragraph 1 as a statement of objectives. The paragraph now suggested
as paragraph 2 provides for the carrying out in subsequent negotiations
of the principles thus agreed under paragraph 1, and is not open to the
objections and pitfalls which accompany an attempt to write detailld rules
into the Charter.
(d) This paragraph has been retained in the form shown in the Geneva Draft. |
|
GATT Library | qz508bm5879 | Draft Charter. United States: proposed amendment | United Nations Conference on Trade and Employment, December 5, 1947 | Sixth Committee: Organization | 05/12/1947 | official documents | E/CONF.2/C.6/2/Add.8 and E/CONF.2/C.6/1-12/ADD.4 | https://exhibits.stanford.edu/gatt/catalog/qz508bm5879 | qz508bm5879_90170011.xml | GATT_150 | 80 | 588 | United Nations
Nations UniesIVflb
CONFERENCE
ON
TRADE AND EMPLOYMENT
I I
DU COMMERCE ET DE
CONFERENCE UNTICTED
CONFERENCE DE l'EMPL 5 ON1L'EMPLOI E/C
DU Ad.
COMMERCE El DE L'EMPLOI 5 Domembur 1947
ORMIGZAI MWNLISU.
SIXTH COEITME: ORGANIZATION
DRAFT CIARTER
UNITED STATES: PROPOSED AMENDMENT
Article 99
Thu United States Dolugation intends to introduce
an amendment designed to bring Germany and Japan,
while undor military occupation, within the scope
of the Charter and to define the methods and
conditions for doing so. |
GATT Library | hs717hp9032 | Draft Charter United States: Proposed Amendment | 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/Add.1 and E/CONF.2/C.1/1-26 | https://exhibits.stanford.edu/gatt/catalog/hs717hp9032 | hs717hp9032_90180239.xml | GATT_150 | 156 | 1,295 | United Nations Nations Unies E/CONF.2/C.1/7/
CONFERENCE CONFERENCE 8 December 1947
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE EI DE L'EMPLOI FIRST COMMITTEE : EMPLOYMENT AND ECONOMIC ACTIVITY
DRAF' CHAPTER
UNITED STATES:PRAPOSED AMENDMENT
Article 4
Fair Labour Standards
The delegation of the United States proposes the following consequential
amendment based upon the text and discussion of original amendments presented
by other delegations:
"Each Member, recognizing that all countries have a common
interest in the improvement of wages, working conditions and living
conditions of workers [achievement and maintenance of fair labour
standards related to productivity], shall take whatever action may
be appropriate and feasible to achieve and maintain fair labour
standards related to productivity and to eliminate involuntary,
discriminatory and sub-standard forms or conditions of employment
[labour in production for export and generally] throughout its
territory. Members which are also members of the International Labour
Organization shall co-operate with that organization in giving effect
to this undertaking." |
GATT Library | rg466wy7669 | Draft Charter United States: proposed amendment | United Nations Conference on Trade and Employment, December 5, 1947 | Third Committee: Commercial Policy | 05/12/1947 | official documents | E/CONF.2/C.3/1/Add.17 and E/CONF.2/C.3/1-1/ADD.44 | https://exhibits.stanford.edu/gatt/catalog/rg466wy7669 | rg466wy7669_90190021.xml | GATT_150 | 189 | 1,369 | UNRESTRICTED
United Nations Nations Unies E/CONF.2/C.3/1/
CONFERENCE CONFERENCE Add.17 5 December 1947
ON DU ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
THIRD COMMITTEE : COMMERCIAL POLICY
DRAFT CHARTER
UNITED STATES: PROPOSED AMENDMENT
Article 31, Paragraph 1
(b) In the case of an import monopoly, arrangements designed to
limit or reduce any protection that might be afforded through the
operation of the monopoly to domestic producers of the monopolized
product, or designed to present any limitation of imports [to an
extent inconsistent with the provisions of this Charter] which might
otherwise be permitted by the provisions of this Charter.
Note. The purpose of this amendment is to remove the possible
implication in the Geneva draft that a member might be required
to negotiate with another member to prevent a limitation on
imports already ruled out by other provisions of the Charter.
This was obviously not its intent. The proposed draft should
accomplish, better than the Geneva draft, the purpose of making
clear that the complete removal of protection afforded by a state
trading enterprise may be a subject of negotiation but is not
otherwise required by the Charter. |
GATT Library | sm575fc2433 | Draft Charter United States: proposed amendments | United Nations Conference on Trade and Employment, December 6, 1947 | Third Committee: Commercial Policy | 06/12/1947 | official documents | E/CONF.2/C.3/1/Add 41 and E/CONF.2/C.3/1-1/ADD.44 | https://exhibits.stanford.edu/gatt/catalog/sm575fc2433 | sm575fc2433_90190047.xml | GATT_150 | 1,115 | 7,133 | United Nations Nations Unies
CONFERENCE CONFERENCE E/CONF.2/C.3/1/
ON DU Add41
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 6 December 1947
ORIGINAL: ENGLISH
THIRD COMIITTEE: COMMERCIAL POLICY
DRAFT CHARTER
UNITED STATES: PROPOSED AMENDMENTS
Section C - Subsidies
Article 5
Subsidies in General
If any Member Crants or maintains any subsidy including any form of income
or price support which, operates directly or inddirectly to maintain or increase
exporte pf any product from, or to restrict [reduce] imports of any product
into, its territory, the Member shall notify the Organization in writing of
the extent and nature of the subsidization, of the estimated of the
subiidization on the quantity of the affected product or products imported
into or exported from the territory of. the Member and. of .the circumstances
making the subsidization necessary. In any case in which a Member considers
[it is determined] that serious prejudice to its [the] interest [of any other
Member] is caused or threatened by any such subsidization, the Member .granting
the subsidy ahal upon request, discuss with the other Member or Members
concerned, or with the Organization, the possibility of limiting the
subsidization.
Article 26
Additional Provisions on Export. Subsidies
1. Except with-respect to primary products, no [no] Member :shall grant
directly, or indirectly any subsidy on the exportation of any product, or
establish, or maintain any ,other system which subsidy or system, results in
the sale of such product for export at a price lower han the comparable
price charged for the like product to buyers the domestic market, due
allowance being made for diferences in the conditions and termes of ?ale.
for diferences in taxation, and for other ditferences affecting price
comparability.
2. [Notwithstandlng the provisions of paragraph 1 Of this article a Member
may exempt] The exemption of exported products from duties or taxes imposed
in respect of like products when consumed domestically, or [may remit]
the remission of such duties or taxes [which have secrued.] in amounts not
in exess E/CONF. 2/C 3/1/Add. 41
Page 2
in exess of those which have been collected, shall not be construed to be
in conflict with the provisions of paragraph 1 of this Article. The use of
the proceeds of [such] duties or taxes to make payments to domestic
producers [ however] shall be considered as a case under Article 25.
[except in so far as such payments subsidize exportation, in the sense of
paragraph 1 of this Article, by more than the amount of the duties or taxes
remitted or not imposed, in which case the provisions of paragraph 1 of this
Article shall apply to such excess payments.]
Article 27 [28]
Undertaking regarding Stimulation of Exports
1. [Notwithstanding the provisions of paragraphs 1, 2 and 3 of Article 26
and of paragraph 3 of Article 27, no Member shall grant any subsidy on the
exportation of any product which has the effect of] Any Member granting any
form of subsidy which operates, directly or indirectly, to maintain or
increase the exportation of any primary product from its territory, shall
not apply the subsidy in such a way as to have the effect of maintaining or
acquiring for that Member a share of world trade in that product in excess
of the share which it had during a previous representative period, account
being taken insofar as practicable of any special factors which may have
affected or may be affecting the trade in that product. The selection of
a representative period for any product and the appraisal of any special
factors. affecting the trade in the product shall be made initially by the
Member granting the subsidy; Provided that such Member shall, upon the
request of any other Member having an important interest in the trade in
that product, or upon the request of the Organization, consult promptly
with the other Member or with the Organization regarding the need for an
adjustment of the base period selected or for the re-appraisal of the
special factors involved.
2. Should the Organization, upon complaint by a Member that serious
prejudice to its interest was caused of threatened by any subsidization
of the kind referred to in this Article find that such serious prejudice Was
in fact caused or threatened and that the consultation provided for in this
Section had not resulted in such limitation of the subsidization as would
avoid such prejudice; the Organization may authorize the complaining Member
to suspend the applications to the subsidizing Member of such obligations
or concessions under or pursuant to this Charter as the Organization determines
to be appropriate
/COMMENT E/CONF.2/C. 3/1/Add. 41
Page 3
Article 25
In the Geneva Draft this Article might be interpreted to apply only when
there is a change in the volume of trade; under the present amendment it would
apply to a subsidy tending to affect trade, even if other factors prevented
any actual change in the volume of trade.
In the Geneva Draft a Member cannot call a subsidizing Member Into
consultation until it is determined that its interest is seriously
prejudiced; under the present amendment the determination of prejudice
would be made by the complaining Member itself.
Articles 26 and 27
Paragraph 1 of Article 26 in the Geneva Draft bans export subsidies
on all types of products; paragraphs 3 and 4 of Article 26, and all of
Article 27, outline detailed and complicated exceptions relating essentially
to primary products. Under the proposed amendment, Article 26 applies only
to non-primary products; the exceptions set forth in paragraphs 3 and 4 of
the Article, and in Article 27, are, therefore, rendered unnecessary.
The changes suggested in paragraph 2 of Article 26 are purely of a
drafting character.
Article 28
The Geneva Draft discriminates between subsidies which directly
estimate exports and those which operate indirectly to do so. The proposed
amendment removes this discrimination. It affords insurance that no form
of subsidization shall be used to increase any Member's share in world trade.
Since export subsidies on non-primary products would be banned by Article 26
and since domestic subsidies on such products would not appear to present a
serious problem so far as stimulating exports is concerned, the provisions
of Article 28 would apply only to primary products.
The proposed paragraph 2 establishes a procedure whereby a Member who
is injured by direct or indirect subsidization of exports can complain to
the Organization and, if its complaint is found to be justified, can obtain
permission to take offsetting action. This paragraph is designed to put
teeth into the general rule established by the Article.
Article 29
Since the foregoing amendnments would do away with all of the ITO
determinations that are required. under the Geneva Draft, this Article
becomes superfluous. |
GATT Library | zh943pc6863 | Draft Charter. Uruguay: proposed amendment | United Nations Conference on Trade and Employment, December 4, 1947 | Sixth Committee: Organization | 04/12/1947 | official documents | E/CONF.2/C.6/2/Add.4 and E/CONF.2/C.6/1-12/ADD.4 | https://exhibits.stanford.edu/gatt/catalog/zh943pc6863 | zh943pc6863_90170006.xml | GATT_150 | 105 | 774 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C.6/2/
Add. 4
4 December 1947
ORIGINAL: SPANISH
SIXTH COMMITTEE: ORGANIZATION
DRAFT CHARTER
URUGUAY: PROPOSED AMENDMENT
Chapter 1 - Preamble
Replace the opening paragraph by the following:
"RECOGNIZING the determination of the United Nations to create
the conditions of stability and well-being necessary to promote
peaceful and friendly relations among nations, baned on respect for
the principle of equal rights and self-determination of peoples."
Replace paragraph 4 by the following:
"To eliminate discriminatory treatment in international
commerce, other barriers to trade and by means of negotiation to
reduce tariffs. |
GATT Library | rk104qb7328 | Draft Charter Uruguay: proposed amendment | 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.1/3/Add.2 and E/CONF.2/C.1/1-26 | https://exhibits.stanford.edu/gatt/catalog/rk104qb7328 | rk104qb7328_90180226.xml | GATT_150 | 80 | 585 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies:
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C.1/3/
Add.2
4 December 1947
ENGLISH
ORIGINAL: SPANISH
FIST COMMITTEE: EMPLOYMENT AND ECONOMIC ACTIvITY
DRAFT CHARTER
URUGUAY: PROPOSED AMENDMENT
Chapter II, Article 4
Add the following paragraph:
"Nothing in this Charter shall be construed as preventing the
adoption by a Member of reasonable and equitable measures to protect
its industry from the competition of like products produced under
sub-standard conditions of labour and pay." |
GATT Library | cb156sc2172 | Draft Charter Uruguay: proposed amendments | United Nations Conference on Trade and Employment, December 4, 1947 | Third Committee: Commercial Policy | 04/12/1947 | official documents | E/CONF.2/C.3/1/Add.13 and E/CONF.2/C.3/1-1/ADD.44 | https://exhibits.stanford.edu/gatt/catalog/cb156sc2172 | cb156sc2172_90190015.xml | GATT_150 | 233 | 1,645 | UNRESTRICTED
United Nations Nations Unies E/CONF.2/C .3/l/
CONFERENCE CONFERENCE 4 December 1947
O## DU ORIGINAL: SPANISH
TRADE AND EMPLOYMENT COMMERCE DE L'EMPLOI
THIRD COMMITEE: GENERAL COMMERCIAL POLICY
DRAFT CHARTER
URUGUAY: PROPOSED AMENDMENTS
Chapter IV
Article 17
Paragraph 1
In lines 1 to 4, replace the words "Each Member shall .... may specify ..."
by the words: "Each Member may on its own initiative or upon the request of
the Organization enter into and carry out ...".
Delete paragraphs 2 and 3.
Article 18
Paragraph 1
Amend the last fivq lines as follows:
"internal taxes of this kind shall be subject to negotiation. *..
Article 20
Paragraph 2 (c)
Replace the words "... agricultrual or fisheries product" by the words:
".. agricultural product or product of fisheries industries...".
Paragraph 2
Delete from "Moreover, any restrictions ..." to "... in the product
concerned."
Article 21
Delete paragraph 4.
Article 22
Paragraph 2.
Amend lines 5 to 7 as follows:
".. might be expected to obtain, given equality of prices and
conditions, and to this end shall observe the following provisions:".
Article 23
Paragraph 1
Amend as follows:
"The Members............. Article 21, may depart from the
provisions of Article 22. in order to be able to increase its imports
from certain sources without unduly depleting its monetary reserves.
/Delete E/CONF,2/C.3/1/Add.13
Delete paragraph 3.
Article 43
Paragraph I (i)
Delete the words: "Provided that such....relating to non-diecrimination". |
GATT Library | br406pf7285 | Draft Charter Uruguay: proposed amendments | United Nations Conference on Trade and Employment, December 4, 1947 | Third Committee: Commercial Policy | 04/12/1947 | official documents | E/CONF.2/C.3/1/Add.7 and E/CONF.2/C.3/1-1/ADD.44 | https://exhibits.stanford.edu/gatt/catalog/br406pf7285 | br406pf7285_90190008.xml | GATT_150 | 306 | 2,107 | United Nations Nations Unies UNRESTRICTED E/CONF.2/C.3/1/ Add.7
4 December 1947
CONFERENCE CONFERENCE
ON DU ENGLISH ORIGINAL: 8PANISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
THIAR COMMITTEE: GENERAL COMMERCIAL POLICY
DRAFT CHARTER
URUGUAY: PROPOSED AMENDMENTS
Chapter IV
Article 34
Add the following to paragraph 3 (a):
"The temporary binding of the actual value of the merchandise
may nevertheless be permitted, provided that it is revised to be
brought into line with the actual value within a period not
exceeding three years."
In paragraph 3 (b), insert the following after the words: "under fully
competitive conditions":
"In the case of Government contracts in respect of primary
products, the contract price shall be regarded as the actual value."
Insert a new paragraph 7, as follows:
"Traders, before despatching merchandise, shall be able to
consult the appropriate customs authorities with regard to the
classification, tariff and value applicable to the merchandise,"
Article 35
Paragraph 4 - in lines 2 and 4, replace the word "penalties" by the
word "sanctions". In lines 6 and 7, replace the words "without fraudulent
intent" by the words "not of a serious nature". In line .7, delete the words
"gross negligence".
Add the following to paragraph 5:
"The Organization should study and specially recommended to
Members the granting of every facility as regards duties and
quantitative control for the import and export of articles of any
kind intended for commercial and tourist advertising purposes and
not for sale. The same privileges shall be granted to commercial
travellers and to collections of samples accompanying them."
/Add i new paragraph 5, E/CONIF.2/C .3/1/Add.7
Page 2
Add a new paragraph 5, as follows:
"In the case of any customs offence, for which only a monetary
penalty is imposed, the matter shall be considered closed if the
offender recognizes the offence and pays the appropriate duties and
aurcharges. " |
GATT Library | pg585hk5402 | Draft Charter. Uruguay: proposed amendments | United Nations Conference on Trade and Employment, December 6, 1947 | Sixth Committee: Organization | 06/12/1947 | official documents | E/CONF.2/C.6/2/Add.17 and E/CONF.2/C.6/1-12/ADD.4 | https://exhibits.stanford.edu/gatt/catalog/pg585hk5402 | pg585hk5402_90170019.xml | GATT_150 | 175 | 1,131 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
CONFERENCE
DU
COMMERCE ET DE L'EMPLOT
E/CONF.2/C. 6/2/Add.17
6 December 1947
ENGLISH
ORIGINAL: SPANISH
SIXITH COMMITTEE:ORGANIZATION
DRAFT CHARTER
URUGUAY: PROPOSED AMENDMENTS
Chapter VII - Article 72
The delegation of Uruguay does not accept Alternatives B and C and opts
for Alternative A.
Article 74 (3)
Replace the words "by a two-thirds majority of the 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."
Delete the remainder of the paragraph.
Article 75
The delegation of Uruguay does not accept Alternatives A and C and opts
for Alternative B.
Article 89, paragraph (b)
Delete the words "or not,"
Delete paragraph (c).
Article 90. paragraph 1
Delete the words "or if it. falls within Article 89 (o)."
Article 91. paragraph 2
Delete the word "substantially."
Article 98. paragraph (2)
Replace the words "shall reach twenty" by the words "shall reach a
two-thirds majority." Delete the second and third sentences of this paragraph. |
GATT Library | jm225by3343 | Draft charter. Uruguay: Proposed amendments | United Nations Conference on Trade and Employment, December 7, 1947 | Fifth Committee: Inter-Governmental Commodity Agreements | 07/12/1947 | official documents | E/CONF.2/C.5/3/Add.12 and E/CONF. 2/C. 5/1-19 C. 5/A/1-2 | https://exhibits.stanford.edu/gatt/catalog/jm225by3343 | jm225by3343_90200048.xml | GATT_150 | 173 | 1,411 | United Nations Nations Unies UNRESTRICTED
CONFERECNE CONFERENCE E/CONF.2/C.5/3 Add..12
ON DU 7 December 1947 ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH : SPANISH
FIFTH COMMITTEE: INTER-GOVERNMENTAL COMMODITY AGREEMENTS
DRAFT CHARTER
URUGUAY: PROPOSED AMENDMENTS
The delegation of Uruguay submits the following amendments to
Chapter VI:
Article 53
"1. For the purposes of applying this Article, the term 'primary
commodity' includes:
- "(a) Any product of farm, forest or fishery or any mineral,
in its natural form or which has undergone such processing
as is customarily required to prepare it for marketing
in substantial volume in international trade.
"(b) The industrial equipment required for processing the
products referred to in sub-paragraph (a)."
Article 54
Delete the word. "efficient" in sub-paragraph (c) and add a new
sub-paragraph (g) 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 equipment and other
facilities required for their industrialization."
Article 55
Delete the word "substantially" wherever it is used. |
GATT Library | ws696tt1483 | Draft Charter Uruguay: Revision of proposed amendment | United Nations Conference on Trade and Employment, December 7, 1947 | Third Committee: Commercial Policy | 07/12/1947 | official documents | E/CONF.2/C.3/1/Add.13/Rev.1 and E/CONF.2/C.3/1-1/ADD.44 | https://exhibits.stanford.edu/gatt/catalog/ws696tt1483 | ws696tt1483_90190016.xml | GATT_150 | 333 | 2,281 | UNRESTRICTED
United Nations Nations Unies E/CONF.2/C.3/l/
Add.13/Rev.l
CONFERENCE CONFERENCE 7 December 1947
ON DU ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: SPANISH
THIRD COMMITTEE: COMMERCIAL POLICY
DRAFT CHARTER
URUGUAY: REVISION OF PROPOSED AMENDMENT
Chapter IV - Article 17 - paragraph 1
Amend the first six lines to read as follows:
"Each Member m##y, on its own initiative, or upon the request
of the Organization, enter into and carry out ..."
Paragraph 2.
At the end of the first sentence add:
"in the form prescribed in Chapter VIII of this Charter'
and delete the remainder of the Article.
Article 18 - paragraph 1
Detach the last five lines, beginning with the words "existing
internal taxes of this kind etc", to form a separate paragraph.
Article 20 - paragraph 2 (c)
Replace the words "agricultural or fisheries product" by the words
"agricultural product or product of industrial fisheries". Delete the last
two sentences of the last part of this paragraph, from: "Moreover ..." to:
"the trade in the product concerned".
Article 21 - paragraph 4 (a)
For "before instituting such restrictions ... consult with" read:
"inform".
Delete the last sentence.
Paragraph 4 (b)
For the first paragraph substitute the following:
"Any Member which is applying import restrictions under this
Article or substantially intensifying such restrictions, shall inform
the Organization within thirty days".
Delete paragraph 4 (c).
Article 22 - paragraph 2
Amend the last lines of the first paragraph to read as follows:
"might be expected to obtain under equality of prices and conditions
/and to E/CONF. 2/C.3/l/Add.13/Rev.1
Page 2
and to this end shall observe the following provisions".
Article 23 - paragraph 1 (a)
Delete the words: "if permitted to".
In paragraph 3, delete sub-paragraphs (a) and (b) and delete the end
os sub-paragraph (c) from: "and all actions authorized etc ...".
Add a sub-paragraph 4 (c):
"(c) or answer the purpose of making possible commercial payment
by the debtor State in accordance with relevant existing agreements
by means of additional imports". |
GATT Library | tk056pg0662 | Draft Charter Uruguay:proposed amendment | United Nations Conference on Trade and Employment, December 8, 1947 | Third Committee: Commercial Policy | 08/12/1947 | official documents | E/CONF.2/C.3/1/Add.54 and E/CONF.2/C.3/1-/ADD.45-C.3/9/ADD.1 | https://exhibits.stanford.edu/gatt/catalog/tk056pg0662 | tk056pg0662_90190062.xml | GATT_150 | 57 | 445 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies UNRESTRICTED
E/CONF .2/C .3/1/d.54
CONFERENCE . 4Add5 191be
DU 8 December 1947
COMMERCE ETI ENGLISH ORIGINAL: SPA
TTEECMKTrMMEM: OOCIAICYL LK
DRAFT TERCHAR
UAYURURkPO EMOSMENDMENTA Am
Arti3cle 4
aIng araraph 5 (d)n, lie 7, delete the wo"rd increa"sing and after
the word "generally" insert the words:
"increasing or decreasing". |
GATT Library | xt769zs7471 | Draft Charter Venezuela: proposed amendment | United Nations Conference on Trade and Employment, December 7, 1947 | Third Committee: Commercial Policy | 07/12/1947 | official documents | E/CONF.2/C.3/1/Add.44 and E/CONF.2/C.3/1-1/ADD.44 | https://exhibits.stanford.edu/gatt/catalog/xt769zs7471 | xt769zs7471_90190051.xml | GATT_150 | 409 | 2,726 | United Nations Nations Unies UNRESTRICTED E/CONF.2/C.3/1/
CONFERENCE CONFERENCE Add. 44
ON DU 7 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPOI ENGLISH ORIGINAL: SPANISH
THIRD COMMITTEE: COMMERCIAL POLICY
DRAFT CHARTER
VENEZUELA: PROPOSED AMENDMENT :.
Article 17
Inaeht a new paragrcpb following paragraph 2, as follows:
'Any 2smber using the measures referred to in Articles 18 and
35 in order to prohmct the establisbnent, development or reconstruction
of certain industries or certain branches of agriculture may, when
fulfilling the obligations assumed under those Articles, readjust its
tariffs on the products of the industry or branch of agriculture
referred to above, although such products have already been the subject
of negotiations. The increase of rates for the purpose of readjustment
may in no case exceed the total duties eliminated in respect of
products on which concessions have been granted through agreements."
Article 21, paragraph 2 (a) (i)
In line one ielete the word "Imminent".
Paragraph 4 (a)
Delete.
Paragraph 4 (b)
Amend the last sentence as follows:
"As fro= 1 March 1952, the Organization shall review all restrictions
existing on that day and still applied under this Article at the time
of the review."
Paragraph 4 Cc
Amend the sentTnce beginning "to the extent to which such approval
has been given.. ." to read:
"To the decree to which such approval hae been given, tho action of
the Member applying the restrictions shall not be open to challenge
under sub-paragraph (d) of this paragraph on the ground that such
action ws consistent vith the provisions of paragraph 2 of this
Article."
Article 26
Add a new peragrgaph after pararaph 4, as follows:
"Tbf provisions of Article 26, paragraph 1, shall not be construed
/as applying E/CONF. 2/C. 3/1/Add.44
Page 2
as applying to such subsidies as a Member may, in order to maintain
employment in the production of raw materials and foodstuffs, grant
in respect of one or several products, the cost of production of
which has increased owing to the maintenance of a rate of exchange
intended to maintain the external purchasing power of the Member country.
This exception shall be allowable only on condition that the subsidy
granted does not result in the sale of the subsidized product on
foreign markets at prices loss than those of the like product produced
in other exporting countries."
Article 27, Paragraph 1 (a)
Replace the words "that the system has also resulted" by the words
"that the system may also result." |
GATT Library | rx817gx4616 | Draft charter. Venezuela: Proposed amendments | United Nations Conference on Trade and Employment, December 7, 1947 | Fifth Committee: Inter-Governmental Commodity Agreements | 07/12/1947 | official documents | E/CONF.2/5/3/ADD. 11 and E/CONF. 2/C. 5/1-19 C. 5/A/1-2 | https://exhibits.stanford.edu/gatt/catalog/rx817gx4616 | rx817gx4616_90200047.xml | GATT_150 | 72 | 518 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET
UNRESTRICTED
E/CONF.2/5/3/
ADD. 11
7 December 1947
DE L'EMPLOI ENGLISH
ORIGINAL: SPANISH
FIFTH COMMITTEE:
INTER-GOVERNMENTAL COMMODITY AGREEMENTS
DRAFT CHARTER
VENEZUELA: PROPOSED AMENDMENTS
Chapter VI - Article 54
(c) Delete the word efficient".
Article 59
Paragraph 1 - Add a sub-paragraph after (b), as follows:
"(c) this purpose is to fulfil the objectives laid down in
Article 54, sub-paragraph (c)." |
GATT Library | rj373qr2258 | Draft General Agreement on Tariffs and Trade | United Nations Economic and Social Council, February 20, 1947 | United Nations. Economic and Social Council and Preparatory Commission of the Conference on Trade and Employment Drafting Committee | 20/02/1947 | official documents | E/PC/T/C.6/85/Rev.1 and E/PC/T/C.6/85/REV.1-92 | https://exhibits.stanford.edu/gatt/catalog/rj373qr2258 | rj373qr2258_90230155.xml | GATT_150 | 11,305 | 75,017 | United Nations
Nations Unies RESTRICTED
ECONOMIC CONSEIL E/PC/T/C.6/85/Rev.1X
MND EOCNMIOQUE 20 February 1947
SOICAL COUNCIL ET OOCAIL ORIGINAL:E
. . . . . .M , LIS1
PREMIRTEE COMOMMIT EEOF TE MPAPATORY CM0UTT OF THE
UMPLOYMENTN COMPLOYMEE ACO 'NT
NERAFT GUEEMENE -G OFN TNDARBFS ASTRADE
NTRODUCTION
e.S TCommub-.sa1ittee on Tariff Nigotiatsons hap prepared the draft
GAgreal .ettement ofs arif_'.and Trade which is set out in the present
document to supersede the first draft prepared at the First Session of
tar 1rep eommoryCczLittee.
2. The draft Agreepent rarroduces many provisions ofarhe CheLter.
Reservations entered by Delegates to those provisions of the Charter,
which reses vitionzw-ll de founm in the Report of the Drafming Conmittee,
app3y equally to the cndrnespo_'ig provisions of the draft Agreement.
3. gtwas aereed by the Sub-Committee ehat thore would need to be
some provision made for the provisional generalization to the trade
of Governments not parties to the General Agreement of the tariff
concessions granted under the Agreement pending consideration by the
Inteanationel Conference of theoquesticn whether benefits under the Charter
should be extended to non-Members of the Organization. However, as the
Draoming Cr-mittee had not considered the terms of Article 36 of the Charter
relating Mto nos-emtera, i' was decided to defer consideration of this
question until a later stage.
4. The Delegates for Brazil and New Zealand reserved their positions
regarding the non-inclusion in the draft Agreement of provisions relating
to export sub Tsidies.he Delegates for Brazil and China considered that
the provisions of Article 12 of the Charter should be included in the draft
/Agreement. E/PC/T/C .6/85/Rev .1
Page 2
Agreement. The Delegate for the United States considered that the provisions
contained in Article V (Tariff Valuation) and Article XVI (Maintenance of
Domestic Employment) should not be included in the draft Agreement.
5. The Delegate for Czechoslovakia felt that the same degree of
importance should be attached to all of those provisions of the Charter
that are to become effective by virtue of the Protocol to the draft
Agreement as is attached to the provisions of the Charter which have been
reproduced in the Agreement. Should this not be possible by including
these provisions in the Agreement (properly adjusted and simplified) he
considered it appropriate to restrict the Agreement only to tariffs,
preferences and most-favoured-nation treatment and to dispose of all
other provisions by including them in the Protocol. The Delegate for China
associated himself with the last of the comments made by the Delegate
for Czechoslovakia.
6. The Sub-Committee is of the opinion that the draft Agreement should
not be made public but should merely be passed on to the Second Session
of the Preparatory Committed as a working paper without commitment to
any Government.
THE GOVERNMENTS OF Australia, Belgium, Brazil, Canada, Chile, China,
Cuba, Czechoslovakia, France, India, Lebanon, Luxembourg, Netherlands,
New Zealand, Norway, Union of South Africa, Union of Soviet Socialist Republics
United Kingdom and United States*
HAVING been appointed by the Economic and Social Council of the
United Nations to constitute a Preparatory Committee to make preparations for
an International Conference on Trade and Employment
* If, as expected, Syria also participates in the negotiations, it would
also be a party to the Agreement.
/HAVING, E/PC/T/C . 6 /85 /Rev . 1
Page 3
HAVING, in fulfilment of this function, prepared and recommended to
the said Conference the draft Charter for an International Trade Organization
of the United Nations (hereinafter referred to as the Charter) the text of
which is set forth in the Report of the Preparatory Committee of the
Economic and Social Council
DESIRING to further the attainment of the objectives of the said
Conference by making effective among themselves such provisions of the
above-mentioned draft Charter as are applicable at this stage and thus
taking such action prior to the Conference as will constitute concrete
achievement capable of generalization to all countries on equitable terms.
HEREBY AGREE AS FOLLOWS:
Article I
(cf. Article 12 of the Charter)
General Most-Favoured-Nation Treatment
1. With respect to customs duties and charges of any kind imposed on or
in connection with importation or exportation or imposed on the
international transfer of payments for imports or exports, and with respect
to the method of levying such duties and charges, and with respect to all
rules and formalities in connection with importation or exportation, and
with respect to all matters provided for in Article II, any advantage,
favour, privilege or immunity granted by any contracting party to any
product originating in or destined for the territory of any other country,
shall be accorded immediately and unconditionally to the like product
originating in or destined for the territories of all other contracting
parties respectively.
*2 . ...................
* This paragraph, relating to exceptions for preferences of certain
categories remaining after negotiations, would be agreed upon after
the negotiations at the Second Session have been completed. Meanwhile,
the provisions of paragraph 2 of Article 14 and Article 24 of the
draft Charter would apply.
/Article II E/PC/T/C .6/85/Rev.1
Page 4
Article II
(cf. Article 13 of the Charter)
National Treatment on Internal Taxation and Regulation
1. The contracting parties agree that neither internal taxes nor other
internal charges nor internal laws, regulations or requirements should be
used to afford protection directly or indirectly for any national product.
2. The products of the territory of any contracting party imported
into the territory of any other contracting party shall be exempt from
internal taxes and other internal charges of any kind higher than those
imposed, directly or indirectly, on like products of national origin.
3. The products of the territory of any contracting party imported into
the territory of any other contracting party shall be accorded treatment
no leas favourable than that accorded to like products of national origin
in respect of all laws, regulations or requirements effecting their
internal sale, offering for sale, transportation, distribution or use of
any kind whatsoever. The provisions of this paragraph shall be understood
to preclude the application of internal requirements restricting the amount
or proportion of an imported product permitted to be mixed, processed or
used Provided that any such requirement in force on the day of signature
of this Agreement may, subject to the provisions of Article VIII, be
continued until the expiration of one year from the day on which this
Agreement enters into force. This period may be extended in respect of
any product if the Committee provided for in Article XXII, (hereinafter
referred to as the Committee) concurs that the requirement concerned is
less restrictive of international trade than other measures permissible
under this Agreement.
4. The provisions of paragraphs 1 and 3 of this Article shall not be
construed to prevent the application, consistently with the provisions
of Article VIII, of internal laws, regulations or requirements other than
taxes relating to the distribution or exhibition of cinematograph films.
/5. The provisions E/PC/T/C .6/85/Rev .1
Page 5
5. The provisions of this Article shall not apply to the procurement by
governmental agencies of supplies for governmental use and not for resale
[or for use in the productions of goods for sale].
Article III
(cf. Article 14 of the Charter)
Freedom of Transit
1. Goods (including baggage) and also vessels and other means of transport
shall be deemed to be in transit across the territory of a contracting party
when the passage across such territory, with or without trans-shipment,
warehousing, breaking bulk, or change in the mode of transport, is only a
portion of a complete journey, beginning and terminating beyond the frontier
of the contracting party across whose territory the traffic passes. Traffic
of this nature is termed in this Article "traffic in transit". The provisions
of this Article shall not apply to the operation of aircraft in transit.
2. There shall be freedom of transit through the territories of the
contracting parties via the routes most convenient for international
transit for traffic in transit to or from the territories of other
contracting parties. No distinction shall be made which is based on the
nationality of persons, the flag of vessels, the place of origin, departure,
entry, exit or destination, or on any circumstances relating to the
ownership of goods or vessels or other means of transport.
3. Any contracting party may require that traffic in transit through
its territory be entered at the proper customhouse, but, except in cases
of failure to comply with applicable customs laws and regulations, such
traffic coming from or going to the territories of other contracting
parties shall not be subject to any unnecessary delays or restrictions
and shall be exempt from customs duties and from all transit duties or
other charges imposed in respect of transit, except charges for
transportation or those commensurate with administrative expenses
entailed by transit or with the cost of services rendered.
/4. All charges 4. All charges and regulations imposed by contracting parties on traffic
in transit to or from the territories of other contracting parties shall
be reasonable, having regard to the conditions of the traffic.
5. With respect to all charges, rules and formalities in connection
with transit, each contracting party shall accord to traffic in transit
to or from the territory of any other contracting party treatment no
less favourable than the treatment accorded to traffic in transit to or
from any third country.
6. Each contracting party shall accord to products which have been
in transit through the territory of any other contracting party treatment
no less favourable than that which would have been accorded to such
products had they been transported from their place of origin to their
destination without going through such territory. Any contracting
party shall, however, be free to maintain its requirements of direct
consignment (expedition direct) existing on the day of signature of
this Agreement in respect of any goods in regard to which such direct
consignment is a requisite condition of eligibility for entry of the
goods at preferential rates of duty, or has relation to the contracting
party's prescribed method of valuation for duty purposes.
Article IV
(cf. Article 15 of the Charter))
Anti-Dumping and Countervailing Duties
1. No anti-dumping duty or charge shall be imposed on any product of
the territory of any contracting party imported into the territory
of any other contracting party in excess of an amount equal to the
margin of dumping under which such product is being imported. For the
purposes of this Article, the margin of dumping shall be understood to
mean the amount by which the price of the product exported from one
/country E/PC/T/C .6/85/Rev. 1
Page 7
country to another is less than (a) the comparable price charged for
the like product to buyers in the domestic market of the exporting
country, or, in the absence of such domestic price, either (b) the
highest comparable price at which the like product is sold for export
to any third country in the ordinary course of commerce, or (c) the
cost of production of the product in the country of origin plus a
reasonable addition for selling cost and profit; with due allowance in
each case for differences in conditions and terms of sale, for
differences in taxation, and for other difference affecting price
comparability.
2. No countervailing duty shall be imposed on any product of the
territory of any contracting party imported into the territory of
another contracting party in excess of an amount equal to the estimated
bounty or subsidy determined to have been granted, directly or indirectly,
on the production or oxport of such product in the country of origin or
exportation. The term "countervailing duty" shall be understood to mean
an additional duty imposed for the purpose of offsetting any bounty or
subsidy bestowed, directly or indirectly, upon the manufacture, production
or exportation of any merchandise.
3. No product of the territory of any contracting party imported into
the territory of any other contracting party shall be subject to
anti-dumping or countervailing duty by reason of the exemption of
such product from duties or taxes imposed in the country of origin
or exportation upon the like product when consumed domestically, or
by reason of the refund of such duties or taxes.
4. No product of the territory of any contracting party imported
into the territory of any other contracting party shall be subject
to both anti-dumping and countervailing duties to compensate for the
same situation of dumping or export subsidization.
/5. No contracting E/PC/T/C .6/85/Rev.I
Page 8
5. No contracting party shall impose any anti-dumping or countervailing
duty or charge on the importation of any product, of the territories of
other contracting parties unless it determines that the effect of the
tb*.-.,'
be, s? such as ma _be, i duat-is,materially toey. i& e
an estainJe or.njeetan to iblished domestic industry, or is i R a .
~~~~~~~~~
shment os to omestic industry.lislentof admsto _
all preclude parties to a regulatoryle : ri88 to a re ulato .
g t Cdity aCheenln II-ofin II ofprincles of .Mapter-V=, o.. ,
agreement prhe Charteprohibitir ,ro piovisions ng .i suchagreem7nt;PrOVohibiting,
as batweenathemselves, the uae of mnti-dumping duties in ceses
ia wngof dhis intg, ofshhnsthet merni. of pagraph 1 vi tie Aricle,
ma; be Ter~itted v.er t~s terms of such an agreement.
ArJ cle T
(cf. Article 16 of the Charter)
Tarif Thluat nn
gniyze zte rtin py rties reco i-o tha~v
rrlua iIs oit arrff ia Lttjon se-,folth In,the foll,wing sub-paragraphs
and ivey facerta2e tc p-Ve e fect to su hlrinc plls, inrespect of.a).
pdoductsochJect co outies,cd orges Ord estriotiqns base&:upon or:
nner by value, at the earlreg lated in.arliestepracticable dats.eas=acicable dates.
uponover,ntey.unearp~e '.in a -eq,est by a,other contracting party
t their laws or regulew ons ropatingon f aW. of-oshreatingr eli
tu vhe light of tIue fohncipldlty poposes in tcf these pi Tes ,The
imittee request from contractire parties c t:act Z .ps#r.iee
nmten pursuance of thevisions sU his p.rag aphiraon. ofthis, p-ragph
r ;* --X-.17.;; t
,/ _f _:, E/PC/T/C .6/85/Rev.1
Page 9
(a) (final text not yet drafted)
(b) The value for duty purposes of any imported product should
not include the amount of any [customs duty or] internal tax,
applicable within the country of origin or export from which the
imported product has been relieved by means of refund or made
exempt.
(c) In converting the value of any imported product from one
currency to another for the purpose of assessing duty, the
rate of exchange to be used should be fixed in accordance with
prescribed standards to reflect effectively the current value
of each currency in commercial transactions.
(d) The bases and methods for determining the value of products
subject to duties charges or restrictions based upon or regulated
by value should be stable and should be given sufficient publicity
to enable traders to estimate, with a reasonable degree of certainty,
the amount of duty likely to be imposed.
Article VI
(cf. Article 17 of the Charter)
Customs Formalities
1. The contracting parties recognize the principle that subsidiary
fees and charges imposed on or in connection with importation or
exportation should be limited in amount to the approximate cost of
services rendered and should not represent an indirect protection to
domestic products or a taxation of imports or exports for fiscal
purposes. They also recognize the noed for reducing the number and
diversity of such subsidiary fees and charges, for minimizing the
incidance and complexity of import and export formalities, and for
decreasing and simplifying import and export documentation requirements.
/2. The contracting E/PC/T/C .6/85/Rev .1
Page 10
2. The contracting parties undertake to give effect to the principles
end objectives of paragraph 1 of this Article at the earliest practicable
date. Moreover, they undertake, upon a request by another contracting
party; to review the operation of any of their customs laws and regulations
in the light of these principles. - .
3. Eccopt in cases of serieus realigenco, gol tal r than ncminzpenalties
evoreand above tha duty properly payable should not be imposed by any
contracting party in connection with the importation of any product of
thf tey rrhtory oa anoiageracontrmct-n perty because of errors in
doczzennation which are obviously clerical in origin or with regard to
whichagood faith c.n b. established,
= of trovisionsshashillArticle 8ha1a extend to fees, charges,
normequtnts ntd ringiiege.- a relat.nS toellecustoms matt*rs, including:
transacactio, Ular ransre&ulacer vnioitcesandecsriitctaes;
(b)Qrunittastive resr:ictinsm;
() Licensing;
(d) Exchange regulations;
(e) Statistical services;
f ) Doc(uments, doummentti-on and certification;
(g) Analysis ad& inspection; and
(h) Quarataine ,sanitationaend unmigation..
cl- :ItieV3I-
e(. Articl& 19 of the Charter)
nPblnicAdmos -a. einistration oReTrade !!gulations.
cdvmnce Notice cf Restriutive Regulations
1. Lays, regulations, judicial decisions of judicial authorities and
administrative rulings of geferal applicatifn made e'fective by any
conta=ting pirxy pertainhng to tee classificatien or ths valuation of
products for customs purposes, or to rates of duty, taxes or orther chages,
eor to rnasuiremet E/PC/T/C .6/85/Rev.1
Page 11
or to requirements, restrictions or prohibitions on imports or exports
or on the transfer of payments therefor, or affecting their sale or
distribution, transportation or insurance, or affecting their warehousing,
inspection, exhibition processing, mixing or other use, shall be published.
promptly in such a manner as to enable traders and Governments to become
acquainted with them. Agreements in force between the Government or a .
governmental agency of any contracting party and the Government or a
governmental agency of any other country affecting international trade
policy shall also be-published. This paragraph shall not require any
contracting party to disclose confidential information which would impede.
aw enforcment, or etherwise be contrary to rhe public interest or would
prejudice the legitimate business interests of particular enterprises,
public or private.
2. Each contracting party shall administer in a uniform, impartial
and reasonable manner all its laws, regulations, decisions and rulings
of the kind described in paragraph 1 of this Article.
3. No administrative rulling of any contracting party effecting
; ' : ' . *, r
an advance in undate of import .uty or other charge .'=er an
d8t'blisbi eand uniform practioe: '6 imposing a nsw or more
~~~~~~ rreJ*
bondensme~'ereMent; restriction or .pohbition .r imports,.
or on t~ee t s ruli,i r oments 6herafr,`shl, as:a gnerarue,,
? : . .. :, j
and within the limits of administrative practicability, be
a.ding ka i'tcts of the terrItory:ol any other .eztra'ctSiparty
. ! . - ;'.
/already E/PC/T/C.6/85/Rev .1
Page 12
already en route at the time of publication thereof in accordance with
paragraph 1 of this Article provided that if any contracting party
customarily exempts from such new or increased obligation products entered
for consumption or withdrawn from warehouse for consumption during a period of
thirty days after the date of such publication, such practice shall be
considered in full compliance with this paragraph. The provisions of this
paragraph shall not apply to anti-dumping or countervailing duties.
Article VIII
Schedules of Concessions on Particular Products* ** -
1. Each contracting party shall accord to the commerce of the other
contracting parties the treatment provide for. in the appropriate Schedule
annexed to this Agreement and made an integral part hereof.
* It is contemplated that there would appear at an appropriate place in
each of the Schedules a provision along the following lines:. "The
products of the territories of the contracting parties, enumerated and
described in this Schedule, shall, on their importation into [name of
country] be exempt from.ordinary customs duties in excess of those
set forth and provided for in this Schedule, subject to the conditions
therein set out. Such products shall also be exempt from all other
duties or charges imposed on or in connection with importation, in
excess of those imposed on the day of the signature of this Agreement
or required to be imposed thereafter under laws of [name of country]7
in force on that day provided that this sentence shall not prevent the
Governmentof [afme of contryy ]from imposing at an tiyet n ethe
importation o yaym product a charge equivalent to an internal tax
imposed in respect of the like domestic product or in respect of an
article from which the imported product has been manufactured or
produced in whole or in part. .: ; .
It is also contetmplate wdu t ba ihereold e anluded.at ;, appropriate
place in the Agreement undertakings designed to prevent the nullification
or impairment of the benefits of the tariff concessions of the Agreement
hich would result from any reclassification of products at higher rates
of duty than those provided for in the Schedules. Such undertakings
miGht take the form either of provisions designed to prevent such
reclassification entirely, during the life of the Agreement, or to
prevent the imposition of higher duties resulting from such
reclassification, or, in cases where either of these-two courses might
be practicable, of provisions for negotiations to restore the previous
balance between concessions and counter-concessions.
/2. No contracting E/PC/T/C.6/85/Rev. 1
Page 13
2. No contracting party shall alter the general principles applicable in its
territory for determining dutiable value and converting currencies so as to
impair the value of any of the concessions provided for in the appropriate
Schedule annexed to this Agreement.
3. If any contracting party, after the day of signature of this Agreement,
establishes or authorizes, formally or in fact, an effective monopoly
of the importation of any product for which a maximum rate of duty is
provided in the appropriate Schedule annexed to this Agreement, the price
for such imported product charged by the monopoly in the home market shall
not exceed the landed cost (before payment of any duty) by more than such
maximum duty; after due allowance for internal taxes, transportation,
distribution and other expenses incident to purchase, sale or further
processing and for a reasonable margin of profit. For the purpose of
applying this margin regard may be had to average landed costs and selling
prices of the monopoly over recent periods. The monopoly shall, as far as
administratively practicable, and subject to the other provisions of this
Agreement, import from the territories of contracting parties and offer for
sale at prices charged within such optimum margin such quantities of the
product as will be sufficient to satisfy the full domestic demand for the
imported product, account being taken of any rationing to consumers of the
imported and like domestic product which may be in force at that time.
Article IX
(of. Article 23 of the Charter)
General Elimination of Quantitative Restrictions
1. Except as otherwise provided in this Agreement, no prohibitions or
restrictions other than duties, taxes or other charges, whether made
effective through quotas, import licenses or other measures, shall be
imposed or maintained by any contracting party on the importation of any
product of the territory of any other contracting party or on the exportation
or sale for export of any product destined for the territory of any other
contracting party. .
/2. The provisions Page 14 E/PC/T/C.6/85/Rev.1V
2. The provisions of paragraph 1 shall not extend to the following:
(a) Prohibitions or restrictions on imports or exports imposed or
maintainted during the early post-war transitional period, which are
essential to
(i) the equitable distribution among the several consuming countries
of products in short supply, whether such products are owned by
. - .
private interests or by the governmcnt of any yontrycting partj
inteii) thewawamanme of artic price tontrot by a concracting party
undergoing shbseqges suwar;uewar;o the aMX -,
(ioiio) the orderly liquidatn wf tkspowary surpluses of stocXa orned
or controlled by the government of any contracting party or of
industriey develoyed in the territory of an, contracting party
oidng to the exigencies of the war, which it would be
uneconomic r maintarin in normal conditions P'vided, that
restrmictions for this purpose ay not be instituted by any
contracting party mfner themdnte on which this Agreeieit enters
into force except after consultation with other interested
contracting parties with a view to appropriate international
action.
Importaardrestmtcrohobttmontsnno undertaontiound inposed pr mainaize wuer
suopara_rph (a) shall be removed as soon as the conditions giving rise to
then have cea,ec, and in anyn 1ventd not later dtha 1 July 1949 Provied,
that th-s period mymwith the comncurrence of the Comittee, be extended in
respect of any product for further periods not to exceed six months each.
(b) Exportmrohibitions mp restrictions teT7orarily imposed to relieve
critfcde shortages ofe iocdstuffs or othr essential products in the
territory of the exporting contracting party.
xc) Import and e.port prohibitions or restrictions necessary to the
app2-cation of standards for the classification and grading of
co<adies in international trade.
(d) Export or import quotas imposed under regulatory inter-governmental
conm.dity agreements conforming to the principles of Chapter VII of the
/Charter E/PC/T/C.6/85/Rev. 1
Page 15
Charter.
(e) Import restrictions on any agricultural or fisheries product,
imported in any form, necessary to the enforcement of governmental
measures which operate (i) to restrict the quantities of the like
domestic product permitted to be marketed or produced, or (ii) to
remove a temporary surplus of the like domestic product by making
the surplus available to certain groups of domestic consumers fee
of charge or at prices below the current market level. Any contracting
party imposing restrictions on the importation of any product pursuant
to this sub-paragraph shall give public notice of the total quantity or
value of the product permitted to be imported during a specified future
period and of any change in such quantity or value. Moreover, any
restrictions imposed under (i) of this sub-paragraph shall not be such
as will reduce the total of imports relative to the total of domestic
production, as compared with the proportion which might reasonably be
expected to rule between the two in the absence of the restrictions. In
determining this proportion the contracting party shall pay due regard to
the proportion prevailing during a previous representative period and
to any special factors which may have affected or may be affecting
the trade in the product concerned. The contracting party shall consult
with any other contracting parties which are interested in the trade in
question and which wish to initiate such consultations.
(f) Import and export prohibitions or restrictions imposed on private
trade for the purpose of establishing a new or maintaining an existing
monopoly of trade for a state-trading enterprise operated under Article XV.
Article X
(of. Article 24 of the Charter)
Restrictions to Safeguard the Balance of Payments
1. Contracting parties may need to use import restrictions as a means
of safeguarding their external financial position and as a step toward
the restoration of equilibrium in their balance of payments on a sound
/and lasting E/PC/T/C.6/85/Rev.1
Page 16
and lasting basis, particularly in view of their increased, demand for
imports needed to carry out their domestic, employment, reconstruction,
development or social policies. Accordingly, notwithstanding the
provisions of Article IX, any contracting party may restrict the quantity
or value of merchandise permitted to be imported insofar as this is
necessary to safeguard its balance of payments and monetary reserves.
2. The use of import restrictions under paragraph 1 shall be subject to
the following requirements: . .
(a) No contracting party shall impose new restrictions or intensify
existsng reetrictxons escept te the -xtentsnecesaary to stop or to
forestalimmihe I+inent threaat of serious decline in.the-level of
its monetary reserves or, in the case of a contracting party with
vermoy low netsary reerves.chto az"ieva a rezsonable rate of increase
iw its rsservea, duw allo-ance baing m-de in each case for any special
factors which may be affecting the level of the contracting party's
meserves, for any-mommitnents or othermcircu=stances which may be
effeitsing n d needfor resernd vos, aycr anr special credits or
otheu resowrces vhichemay btaavail'ble to protstect i reserves.
sbracailmitarrzties ahll iminaente the restciCtionwhe
conditions wolud.no longer justify the imposition of new.restrictions
underasub-palragaph (a), ead sha'l relax them progressively as such
ccnditions are earprohced.
(c) ContractinCgparties shall not apply the restrictions in such
yamannprt a ot exoclud copmpletloy imports f any-class of goods.
3 . (a) Any contraicing party 7whch is not, maintalninGgrestrictions
undeirparagraphs 1 and 2 but which Ii considering the need for their
inmosit ins, tall, befozr imposi ngsuchr emstictions (or, in
csirutmstncie -in which prio ;cnasltaticon i.idmmediatel
m .c4 - -'bl''-.;'-'-';', ',';,,*'tin
- $, . *; . . . following upon the imposition of such restrictions) consult with
the committee 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 contracting parties.
The Committee shall invite the International Monetary Fund to participate
in the consultations. No contracting party shall be required during
such discussions to indicate in advance the choice or timing of any
particular measures which it may, ultimately determine to adopt.
(b).The Committee may, at any time invite any contracting party
applying import restrictions under paragraphs 1 and 2 to consult
with it about the form or extent of the restrictions, and shall invite
a contracting party substantially intensifying such restrictions to
consult accordingly within thirty days. Contracting parties thus
invited shall participate in such discussions. In the conduct of
such discussions the Committee shall consult the International
Monetary Fund and any other appropriate inter-governmental
organization, in particular with regard to the alternative methods
available to the contracting party in question of meeting its
balance-of-payments difficulties. The Committee shall, not later
then two years from the day on which this Agreement enters into force,
review all restrictions existing. on that day and still maintained
under paragraphs 1 and 2 at the time of the review.
(c) Any contracting party may consult with the Committee with a
view to obtaining the prior approval of the Committee for restrictions
which the contracting party proposes, under paragraphs 1 and 2 to
~ . . . . .
int or ienosifoy. c~ r. Impsthe maintnancez, fintensication
osition of orrestn s f -r specified future conditions.
e C.mm~itee .sall i .iti ete International Monetary Fund ut
participate in the consultations. As a result of such consultations,
/the CommitteePormi ttee the Committee may approve in advance the maintenance, intensification
or imposition of restrictions by the contacting party in question
insofar as the general extent, degree and duration, of the restrictions
are concerned. To the extent to which such approval has been given,
the action of the contracting party applying restrictions shall not
be open to challenge, under sub-paragraph (d), on the ground that such
action is inconsistent with the provisions of paragraphs 1 and 2.
(d) Any contracting party which considers that any other contracting
party is applying import restrictions under paragraphs 1 and 2 in
a manner inconsistent with the provisions of those paragraphs or of
Articles XI and XII, or in a manner which unnecessarily damages its
commercial interests, may bring the matter for discussion to the
Committee. The contracting party applying the restrictions shall
then participate in discussions of the reasons for its action. The
Committee shall, if it is satisfied that there is a prima facie case
that the complaining party's interests are adversely affected,
consider the complaint. It may then, after consultation with the
International Monetary Fund on any matter falling- within the
competence of the Fund, and, if it considers desirable, after,
submitting observations to both parties with the aim of achieving
a satisfactory settlement of the matter in question, recommend the
withdrawal or modification of restrictions which it determines are
being applied in manner inconsistent with the provisions of /
paragraphs 1 and 2, or of Articles. XI and XII or in a manner which
unnecessarily damages the interests of another contracting party.
If the restrictions are not withdrawn or modified in accordance
with the recommendation of the Committee within sixty days, such
other contracting party shall be released from such obligations
incurred under this Agreement towards the contracting party applying
the restrictions as the Committee map approve.
/(e) The Committee E/PC/T/C.O/OD/Rev.1 Page 19
(e) The Committee in reaching its decision under sub-paragraph (d)
restrictions on the ground that the existing or prospective -
balance-of-payments difficulties of the contracting party in
question could we avoided by a charge in that contracting party's
domestic employment, reconstruction. development or social policies,
In carring out such domestic policies, however, contracting parties
shall pay due regard to the need for restoring equilibrium in the
balance of payments on sound and lasting basis. ; ;-
4.t In -ivingefeect toiohe r6 irpictunundns on's srorts er thiAzticle,
aa contrati$eecprtmy may fselct irirts oror estouctunon cnthe groids of
lly of other y of esimp ]orts to]her itb 7'
Ldoentielity in such a way as to give priority to imports required by]7
its domestic employment, reconstruction, development or social policies and
pro.rsaes.n In soydoyn the contracting party shall avoid all unrecessar-r
da=Geto the comercial interests c' other contracting parties.
5, If there is persistent and videspread application of import restrictions
under this Article, indicating the existence of a General disequilibrium
. - - .* - .
which is restricting iternatloal trade, the Co~ittee shall seek
consultation with the International &netary Fund. The Committee may
then, in collaboration throughout with the Fund, initiate discussions
.s. .-.1.t
to consider whether other measures night not be taken, either by those
contracting parties3 hlc; 'alaco of payments are under pressure or by those
contracting parties whos b L-aen Xo pto we* tc-' . to bepefqcept6ionly
f£urable, or by an, appropriate inte-poveranntal agency gr organization
to remove tIe =derynS ccuseo-0 t h. isc r* ithe invasion
of the qoMittsZa nnfA'tacg rt.10 pa cin .e in such
p.rahrougmut this Article and Artdcles .9 end XII the Rh¢4se "i port..
tate-restiictipns" included the restrIctin of.mports.. st4t
organization to a; erynt. + -i.h would e permissible
under Article VIII.
/7. Contracting Page 20.
7. Contracting parties recognize that during the next few years all of
them will be confronted, in varying degrees, by problems of economic
adjustment resulting from the war, During this period the Committee shall,
when required to take decisions under this Article or under Article XII,
take full account of the difficulties of postwar adjustment.
Article XI
(cf. Article 25 of the Charter) .
on-Discriminatory-Administration of Quantitative Restrictions
1. No prohobition or restriction shall be applied by any contract party
on the importation of any product of the territory of any other contracting
party or on the exportation of any product destined for the territory of
any other contracting party, 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 . Contracting parties shalI observe the following provisions in applying
import restrictions:.
a) The (dminnistratio nof the restrictio nshould be carried out in
uch a way as to 'result in a dstriDbutoneof trade hifch aprooaches
as closely as possible to tew shareswhich the -various oncrtactnhg
arhtiesmMgtht be expected t oobtain sa te fresult f1 international
oapmetition in the absence of restrictions.
(b)WUherever practicabl,' quotas rpreseentigs the total ammount of
pemritted imports( whether allocated among supplying countries or not)
shlal be fixed., an dnoticegtiven of their amont' in accordanc o iwth
*.subp-argrapPh 3 (b. -
(c) I Mcases in which quotas are not practicable, the restrictions
ay beap liied by emans ofim port licneses or permit swithout a qoeta;
d) Im port: licenses or prmitt, swhether or not issued in connectobn
vith quots, -hazl Inot sbaveftr urpopss eof opeating 4qouts allocated
/n iaccordnvce E/PC/T/C.6/85/Rev.1 Page 21
in accordance with sub-paragraph (e)) require or provide that 'the license
or permit be utilized for the importation of the product concerned from
a particular country or source. ..>
In is allo cas-e mong jwhicha g a. u iaed upplyinuntries,
the slmies oupp± ing var ros,lyt cont ating parties- hould in
per*rile be.d zmioedan in.accqrdme -wth ooneicial-caks iXratione
.uch as,c elguality and c3sitz4ry OcutomaZ7. surcly Fnfr;upp3: or
eh8f aprpa'q og prqhsinS Buc] commnrcial -orsideraticns, the -ontracting
palying thampiugvzce rns miy stio s-.aeeek agreemensp with re'ect to the
allocation of shares in twe quotl a vit h alothercontracting parties
suyina a ~abstsntial interest in supplyinducg thncernot cot ceed. In
wees- thj vhichbi method. s not- easonaclycprae, ot-iablthe contracting
part-concerned shall allot :o contracting parties: havuing- sbstantial,
nterestuin sUpg plyen thi ct, shat, res uban sedpo he propos rtion f
the totaal qynti value of the- product seupplid fromt rrhe eiitories
of soch cbntrgctine parties during a previous representative period'
duv account beiknn g tanaeof y special facwors Vhich may have affected
y g ma be affecting the trade in the-product. . : -
(-- I:En which import licensess are issud in .onnnectoi wivth
import restrictions, the contracintg party applyin gthe restriction
sael pprovid, eupon the request of ay ncontracting party having an -
interest in the trade i nthe product concernde d- all relevant information
a sto the adiniBtration of the restriction, th emiport lconsses ganrted
over a past recent period and the distizbuton of such license samng0
supplying countries Provided: tha tthere shall be no obligation to supply
information as to thena ews of imp orintgor tu pplying enterprises.
(b) Iin thec-aev o im.portr estrictions ivolving tnhe ifixn gof quotas
wvhetheror not allocated d amng supplying c ountrise), the cotracntig*
yrzty aplying~ the restrictions sall g~ie v ubblcln oticeof the total
uantity op value of the product or products, which
to be imported during_& sWC a pecified future period an
/such Guantity Page 22
such quantity or value, provided that any supplies of the product in
question, which were en route at the time at which public notice was
given, shall not be excluded but may be counted, as far as practicable,
against the quantity permitted to be imported in the period in question
or in the next following period or periods.
c) In the case of quotas allocated among supplying countries, the
contracting party applying the restriction shall promptly inform all
other parties having an interest in supplying the product concerned
of the shares in the quota, by quantity or value currently allocated
to the various supplying countries.
4. With regard to restrictions imposed in accordance with sub-paragraph 2 (e)
of this Article or under sub-paragraph 2 (e) of Artile IX, the selection of
a representative period for any product and the appraisal of any special
factors affecting the trade in the product shall be made initially by the
contracting party imposing the restriction Provided that such contracting
party shall, upon the request of any other contracting party having a
substantial interest in supplying that product or upon the request of the
Committe, consult promptly with the other contractng party or with the
Committee regarding the need for an adjustment of the base period selected
or for the re-appraisal of the special factors involved.
5. The provisions of this Article shall apply mutatis mutadis to any
tariff quota established or maintained by any contracting party insofar as is
applicable the principle of this Article shall extend to any export
restriction by quantity or value.- . -
'eons to the ti,Ruef o Non-Discriminationriiatio 8-
isions of rticles X, I , X and XIhall not preclude
ions with equivalent effect to exchange restrictionstt
authoriz edundeSr ection b3()f oArticle VII of the tAcrileos f
AGeement of th IeiIeratioona MolnetartyFu nd;aY
/(b) prohibitions E/PC/T/C.6/85/Rev.1
(b) prohibitions or restrictions in accordance with sub-paragraph
2 (a) (i) or 2 (d) of Article IX....-
(c) cs aondiattaching to exports which nece aresso aaryr tnsue
.t aponexrg countne rreceives for itr exports its own cuu eS nnc.
torhcure ren ocyfny aemb meof r t Ih ntnetional ra Metary o u Fnd
wifiye by the exporting country;ti
(d) restrictions in accordance with AirtclXe h wiceh itrhe
(i) are applied otherwise consistently withr icAtlXe I against
ports tsrok m thco countries kpy -agrof of 9e>ritoOres
with a common quota in the International Monetary,Fund, or
(ii) assist in the period until 31 December 1951, by measures
not involving substantial departure from the provisions
of Article XI a country whose economy has been disrupted
by war; . . . .
(e) rvoscXs in acXce-with Artice I which bot
(i) providen contwracting parnbty .th additiol imports above
the maximum total of imports which it could afford in the
grii of the ?eqXreegrnts of paraaph 2 Xxof Article Z
its restrictions were consistent with Article XI, and
(ii) have equivalent effect to exchange restrictions, which
are permitted to that contracting party under the Articles
of Agreement onf the Intoerational Mnetary Fund or under
then terms of aychang special exe agreement, which may have
btweg mrt coneracedeg ehertm mid ttc pamm'y.-rh.oatte
rticle XIII Provided, that a contracting party, whichh
s not imposing restrictions on payments anb ransfers for
restrictions under (i) sub-paragraph in special t ..-
es and only with the prior t>v lval of tpproaL-o~ the.
n ageement with the International Monetary Fund.az. F=d.
/2. If the E/PC/T/C . 6/85/Rev. 1
Page 24
2. If the Committee finds, after consultation with the International
Monetary Fund on matters within the competence of the Fund, that import
restrictions or exchange restrictions on payments and transfers in connection
with imports are being applied by a contracting party in a discriminatory
manner inconsistent with the exceptions provided under this Article or in a
manner which discriminates unnecessarily against the trade of another
contracting party, the contracting party shall within sixty days remove the
discriminations or modify it as specified by the Committee Provided that
a contracting party may, if it so desires, consult with the Committee to
obtain its prior approval for such discrimination, under the procedure set
forth in paragraph 3 (c) of Article X and to the extent that such approval
is given, the discrimination shall not be open to challenge under this
paragraph.
3. When three-quarters of the contracting parties of the Organization have
accepted the obligations of Article VIII of the Articles of Agreement of the
International Monetary Fund, but in any event before 31 December 1951, the
Committee shall review the operation of this Article, in consultation with
the International Monetary Fund, with a view to the earliest possible
elimination of any discrimination, under sub-paragraphs 1 (e) (i) and (ii)
of this Article, which restrict the expansion of world trade.
Article XIII
(of. Article 27 of the Charter)
Exchange Arrangements
1. The Committee shall seek co-operation with the International Monetary
Fund to the and that the Committee and the Fund may pursue a co-ordinated
policy with regard to exchange questions within the competence of the Fund
and questions of quantitative restrictions or other trade measures within
the competence of the Committee.
2. Contracting parties shall not seek by exchange action to frustrate the
provisions of this Agreement and shall not seek by trade action to frustrate
/the purposes E/PC/T/C. 6/83/ Rev. 1
Page 25
the purposes of the International Monetary Fund.
3. In order to avoid the imposition of trade restrictions and
discriminations through exchange techniques and in order to avoid the
dancer of conflicting jurisdiction between the Committee and the
International Monetary Fund in exchange matters, the contracting parties
shall also undertake membership of the lnternational Monetary Fund
Provided that any government which is not a member of the International
Monetary Fund may accept this Agreement if, upon acceptance, it undertakes
to enter as soon as possible into special exchange agreement with the
Committee which would become part of its obligations under this Agreement,
And provided further that a contracting party which ceases to be a member
of the International Monetary Fund shall forthwith enter into a special
exchange agreement with the Committee, which shall then become part of its
obligations under this Agreement.
4. A special exchange agreement between a contracting party and the
Committee under paragraph 3 of this Article must provide to the
satisfaction of the Committee, collaborating throughout with the
International Monetary Fund, that the purposes common to the Committee
and the Fund will not be frustrated as a result of action in exchange
matters by the contracting party in question.
5. A contracting party which has made such an agreement undertakes to
furnish the Committee with the information which it may require, within
the general scope of Section 5 of Article VIII of the Articles of Agreement
of the International Monetary Fund, in order to carry out its functions
relating to such agreement.
6. The Committee shall seek and accept the opinion of the International
Monetary Fund as to whether action by the contracting party in exchange
matters is permissible under the terms of the special exchange agreement
and shall act in collaboration with the International Monetary Fund on all
/ questions E/PC /T/C.6/85/Rev. 1
Page 26
questions which may arise in the working of a special exchange agreement
under this Article.
Article XIV
(of. Article 28 of the Charter)
General Undertaking Regarding Subsidies
If any contracting party grants or maintains any subsidy, including
any form of income or price support, which operates directly or indirectly
to increase exports of any product from, or to reduce import of any
product into its territory, the contracting party shall notify the
Committee in writing as to the extent and nature of the suosidization, as
to the estimated effect of the subsidization on the quantity of the
affected product or products imported into or exported from the territory
of the contracting party and as to the conditions making the subsidization
necessary. In any case in which it is determined, by consultation through
the Committee among the contracting parties having an important interest in
the trade in the product concerned, that serious prejudice to the interest
of any other contracting party is caused or threatened by any such
subsidization, the contracting party granting the subsidization shall,
upon request, discuss with the other contracting party or contracting
parties concerned, or with the Committee, the possibility of limiting the
subsidization. :. -:
Article I
(c. Article 29 of the Charter)
gnEDgscErimn-oryadminitration of State-Tadinr enteprses
1, If any contracting party establishes or maintains a state enterprise,
wherver locate, d, which imports, exports, purchases;sells, or distributes
any prodc, or if any contracting party grants exclusive or special
privilgqs!;rally or in effect, to any enterprise to import, export,
p ahl;; i t it rodheuce any product, tii commerce other
/ontdotn E/PC/T/C . 6/85/Rev.1
Page 27
contracting parties shall be accorded treatment no less favourable than
that accorded to the commerce of any country other than that in which the
enterprise is located in respect of the purchase or sale by such enterprise
of any product. To this end such enterprise shall, in making its external
purchases or sales of any product, be influenced solely by commercial
considerations, such as price, quality, marketability, transportation and
other terms of purchase or sale and also any differential customs treatment
maintained consistently with the other provisions of this Agreement.
2. The provisions of paragraph 1 relating to purchases or imports by
state enterprises shall apply to purchases or imports of products for re-sale
[or for use in the production of goods for sale]. With respect to purchase or
imports by state enterprises of products for governmental use and not for
re-sale [or for use in the production of goods for sale] contracting parties
shall accord to the commerce of other contracting parties fair and equitable
treatment, having full regard to all relevant oircumstances.
3. This Article shall apply to any enterprise, organ or agency in which
there is effective coporol by the Government of a contracting party [or over
whose trading operations the government of a contracting party exercises
effective control by virtue of the special or exclusive privileges granted
to the enterprise] [or over whose trading operations a government is under
the arrangements providing for the special or exclusive privileges granted
to the enterprise, legally entitled to exercise effective control].
Article
(of. Article 3 of the Charter)
Maintenance of Domestic Employment
1. Each contracting party shall take action designed to achieve and maintain
full and productive employment and high and stable levels of effective demand
within its own jurisdiction through measures appropriate to its political,
econmic and social institutions.
2. Measures to sustain employment and demand shall be consistent with the
other purposes and provisions of this Agreement and in the choice of such
measures each contracting party shall seek to avoid creating balance-of-
payments difficulties for other contracting parties. /Article XVII E/PC/T/C . 6/85/Rev. 1
Page 28
Article XVII
(of. Article 11 of the Charter)
Governmental Assistance to Economic Development -
I th cton trac iigrties, recogniaze thgt s gnecil rovmental assiatance
may be required in order to promote the establishment or reconstruction of
particular industrie s andtuhata sch snsiatace may the form of roakeprotectivebtectiie
measures. At the scame time gthe ontractin parties recognize that an unwise
use of such measures would impose undue burdens on their own economies and
unwarranted restrictions on international trade and might increase unnecessarily
its of he jdstmeifflujteedJutefor the economies of other countries.
2, Therefore .
(a) ia contracting paest rtyits , in the iof economicnterof ecogramme 0±
development,able to adop c onsidperse it desiote any ichrotctive measure wh
would conflict with any other provision of this Agreement, it shall so
notify the Comannte and shall trenit to the Committee a written
stonsideatement of tuphrre erations in sot of the adoption of the
propeosemd measure. Thp Copmlittnbormnee shalln racoimgty those cotatn
parties whose trade would be substantially affected by the proposed
measure and afford them an opportunity of presenting their views. The
Committee shall then promptly examine the proposed measure in the light
o the provisions of this Agreement and the considera tions presented.y
the applicant contracting party the views presented by the other
contracting parties which would be substantially affected by the proposed
meacosure, and sjh iteria as to producetivity and othm mfactors as it iy
establish, ctaking into acoufnt the stage o economic development or
econstruction of the contracting party.
(b) If, as a result of it s examinationpurpsuanta to sub-aragrph (a),
then Conittee couursu in any measie which would be inconsistent with
any obligation which the applicant carty ontracting puhderas assumed n
/<ticle-VIII E/PC /T/C. 6/85 /Rev. 1
Page 29
Article VIII of this Agreement, or which would tend to nullify or impein
the benefit to such other contracting party or parties of any such
obligation, the Committee shall sponsor and assist in negotiations between
the applicant contracting party and the other contracting party or
parties which would be substantially affected, with a view to, obtaining
general agreement. Upon such agreement being reached the Committee may
release the applicant contracting party from the obligation in question
or from any other relevant obligation under this Agreement, subject to
such limitations as may have been agreed upon in the negotiations between
the contracting parties concerned or as the Committee may impose.
(c) If, as the result of its examination pursuant to sub-paragraph (a),
the Committee concurs in any measure, other than those provided for in
sub-paragraph (b), which would be inconsistent with any other provision
of this Agreement, the Committee may release the applicant contracting
party from any obligation under such provision, subject to such
limitations as the Committee may impose.
Article XVI I I .
(cf. Article 32 of the Charter)
Emergencc Artion on Imports of Particular Products
1. If, as a result of unforeseen developments and of the effect of any
obligations incurred under or pursuant to this Agreement, any product is being
imported into the territory of any contracting party in such increased
quntities and under su h,conditisn3saz to cause or threaten serious injury
to domestic producers of like or directly competitive products (or, in the case
of a product which is the bulject of a concessi n-with respect to a prefercnde,
is being pimorted under such conditions as to cause or threaten serious injury
to producers in a territory which receives or received such preference), the
contracting party shall be free to suspend the obligation in respect of such
product in whole or in part, or to withdraw or modify the- concession to the
extent and for such time as may be necessary to prevent such injury.
/2. Beforn ary E/PC/T/C.6/85/Rev.1
Page 30
2. Before any contracting party shall take action pursuant to the provisions
of paragraph 1, it shall give notice in writing to the Committee as far in
advance as may be practicable and shall afford the Committee and those
contracting parties having a substantial interest as exporters of the product
concerned, ,an opportunity to consult with it in respect of the proposed action.
In critical and exceptional circumstances such action may be taken
provisionally without prior consultation Provided that consultation shall be
effected immediately following upon the taking of such action.
3. If agreement among the interested contracting parties with respect to
the action is not reached, the contracting party which proposed to take or
continue the action, shall, nevertheless, be free to do so, and. if such
action is taken or continued, the affected contracting parties shall then be
free, not later than sixty days after such action is taken, to suspend, upon
the expiration of thirty days from the day on which written notice of such
suspension is received by the Committee, the application to the trade of the
contracting party taking such action, of such substantially equivalent
obligations or concessions under this Agreement the suspension of which the
Committee does not disapprove. In cases of abuse the Committee may authorize
an affected contracting party to suspend obligations or concessions in
addition to those which may be substantially equivalent to the action
originally taken.
Article XlX -
(cf. AitIcle 33 of the Charter)
1 Each contracting pty ,. will accord sympathetic coid'aeration to, and
will afford adequate oprtunirdty for consultation regdrni'g, such
representations amanebebmad =by-y any other contracting party with respect to
the operation of custom rulations an ed fmalitiests, anti-dumping and
ununtervailgnz duties, quantitative and exchange regulations, subsidies,
/state-tradgnG Page 31
state-trading operations, sanitary-laws and regulations for the protection of
human, animal or plant life or health, and generally all matters affecting
the operation of this Agreement and will, in the course of such consultation
provide the other contracting party with such information as will enable
a full and fair appraisal of the situation which is the subject of such
2. If any contracting party should consider that any other contracting party
is applying any measure, whether or not it conflicts with the terms of this
Agreement, or that any situation exists, which has the effect of nullifying or
impairing any object of this Agreement or of such Protocol, the contracting
party or parties concerned shall give sympathetic consideration to such written
representations or proposals as may be made with a view to affecting a
satisfactory adjustment of the matter. If no such adjustment can be
affected, the matter may be referred to the Committee, which shall , after
investigation, and, if necessary, after consultation with the Economic and.
Social Council of the United Nations and any appopriate inter-governmental
organizations, make appropriate recommendations to the contracting parties
concerned. The Committee, if it considers the case serious enough to
justify such action, may authorize a contracting party or parties to
suspend the application to any other contracting party or parties, of such
specified obligations or concessions under this Agreement as may be
appropriate in the circumstances. If such obligations or concessions are in
fact suspended, any affected contracting party shall then be free,
not later than sixty days after such actionr is taken, to withdraw from
this Agreement upon the expiration of sixty days from the day on which
written notice of such withdrawal is received by the Committee.
. :r- ....i; r-ts;t 2*** * . -
/Arti-le IM
S.', : : ...: * ' '-:; -! . ' :,r .
t _' ' '' ' - ~ ~ ~ ~ ~ . : Page 32
Article XX
(of Article 35 of the Charter) t
the requirement that such measures are not applied in a nt 1ee are n appled n a:
eans of -4bitrary orneor unjustiableitu~tdea mean. f bitahi~
werediscrimination preva prevail, or ail, or aditions;'ve orza-
nternational trade, d~snothing in this Agreeme shalll trade, eoing ,ia.Abhia
e adoption or enW orcement by any contractng party oa en mev bn -. orty
ting human, animal or plant life or ** os >meas~: >!.{< 3 -' tt.i: e orthealth
if. correspondimgsafeguards under similar conditions exist,in the
izporting- country;
(s;l relating to f£ssiotable material;:. ... .
(d) -elatingwtothe>.afic in arms,, Itunitixn a& implements of ..ar
as is d- to sucn oraffic-'An other goods s carried ozfar
the.PuposBaof;dupplifg .a- m1iitrr esttalshment;- t
(e).>ti'of.,wor ctr mergncflc$ i£ntar t relatinsft
relatng-tur .. epqtecton oo f the essential siecit. intrests&O fc
contrs^.act; 'ru*s;vSsg''t> ;t il
old elating.XAqhe importation or ezortat5qn.-;OgolC;or silver;
.gl ncas .~hich aoae:.complirce tw a* r regulation;w14cb re
is AgrVinqnq,atnt.Las, e.g. povisions.,f th.-eeme.ltasuch , :e
t, deceptive practices, s enorcemeutW.doc0~ pTBct±08&. .
marks and copyrights; -psten, trade , -ncopYwlits-
prison labour; f Pri#QDg , r. . . -
(i) imposed for the protection of national treasures of artistic,
historic or archaelogical value;
() relating to the conservation of exhaustible natural resources if
such measures are taken pursuant to international agreements or are made
effective in conjunction with restrictions on domestic production or
/consumption E/PC/T/C.6/85/Rev.1
Page 33
consumption;
(k) undertaken in pursuance of obligations under the United Nations Charter
for the maintenance or restoration of international peace and security.
Article XXI
(of. Article 36 of the Charter)
Territorial Application - Frontier Traffic - Customs Unions
1. In the application of the provisions of this Agreement the territory of each
contracting party shall be considered as a single customs territory provided that
if there are two or more customs territories under the jurisdiction of any
contracting party, each such customs territory shall be considered as a separate
customs territory.
2. The provisions of this Agreement shall not be construed to prevent
(a) advantages accorded by any contracting party to adjacent countries
in order to facilitate frontier traffic; or
(b) the formation of a customs union Provided that the duties and other
regulations of commerce imposed by any such union in respect of trade with
other contracting parties shall not on the whole be higher or more
stringent than the average level of the duties and regulations of commerce
applicable in the constituent territories prior to the formation of such
union.
3. Any contracting party proposing to enter into a customs union shall consult
with the Committee and shall make available to the Committee such information
regarding the proposed union as will enable it to make such reports and
recommendations to contracting parties as it may deem appropriate.
4. The contracting parties recognize that there may in exceptional circumstances
be justification for new preferential arrangements requiring an exception to the
provisions of this Agreement. Any such exception shall conform to the criteria
and procedures which may be established under paragraph 5 of Article XXII.
5. For the purpose of this Article a customs territory shall be understood
to mean any territory within which separate tariffs or other regulations of
/c . ommerce E/PC/T/C.6/85/Rev.1
Page 34
commerce are maintained with respect to a substantial part of the trade of
such territory. A "customs union" shall be understood to mean the substitution
of a single customs territory for two or more customs territories, so that
all tariffs and other restrictive regualtions of commerce as between the
territories of contracting parties of the union are substantially eliminated
and substantially the same tariffs and other regulations of commerce are
applied by each of the contracting parties of the union to the trade of
territories not included in the union.
ARTICLE XXII
Functions and Structure of the Interim Trade Committee
1. An Interia Trade Committee is hereby established on which each
contracting party shall have one representative.
2. The Committee is authorized to perform such functions as are
specifically provided for in the other provisions of this Agreement and
generally to perform any other functions which may be appropriate or
necessary for the full implementation of this Agreement and its accompanying
Protocol.
3. Each representative on the Committee shall have one vote.
4. Subject to the provisions of paragraph 5 of this Article, decisions
of the Committee shall be taken by a majority of the representatives
present and voting. .
5. Tihe eCommtte may, by a vote of twso-third of its members, adopt criteria
and procedures, including voting pro,edures. for waiving, in exceptional
tances, obles.= obigations incurred under this Agreement.
6o As so n as theInternationa oTrade..rganization has been established
and is capable of excersising itsons,ctissol the Committee massolvede~scved.
n the procedurdown in paragraph 3 e laidi of AXIIItcle XT nd its.fu ctions_
and-assets trasferred to the Organization.* . .
ec Is myytoe neQesQar> eg include in this Articleega provision rcarding
contributions to the expenses of the Committee.
/Article XXIII E/PC /T/C.6/85/Rev.1 Page 35
Revision Amendment and Termination .. o
ma1.be Thided sr revised, b 4the procedure laid sowtement ibo eo
this Article, in the light of the provisons of the Charter S -c Qb . tr for.
al Trade Organization dtion e.b. e International Conferencei
on Trae and Employment, or otherwise.
2. In the veent f ohted ssiolutionof t he Cmmi~ttee nder paragraph 6 for:
Aticle XXII, this Agreement shall be terminated, provided th
contrctng n -ities aCih becwhome Member of Vh s'lTitvrnaInternational Tradzation
my providae that such ob'gationls under this Areeaet gaa mtyideys they may
shall co'tnti- fuedo ei wenrc themselve ts as part of t;ee: r6ehe relevant pr
bf the said Charts
3. A decision of the Co itee tmmo amei, revinse or te3,d~ateethisAg v
unEr this Artidcle or to dissolve the Cozittee udimr az6rph 6- of-r gArtICl
L'I s becomXXII e effective upon its forns! ce-tenale by two ptahi3s -f t. ;
cctracting partoies, communicat. to the Secreeta.-eneral of rythe United
Nations within such period as~he Comittee = a specimfy. .
4. Any contrctig pqy, vch aoens nartot cwohmmunicate its 4cetanpeof suach
decision within th time speciid, e to hall cease member of he
Co~ittee and a partjmt this Aereemeny, torovidedgthat itfy be re-admittsa.
with the concuience of all}the rrrntracting parties, which have accepted
su decistn, upon, ch db;ofontiins as thheXZanprescribe. .
Article ;I*
Interpre6to. and,-SSetlemetant:nf Pi utes
1. .Zeu . ct;Texts of tis oftqAgr3.lt ages. of tchil e Uxtedj Natio of
shall be refled e .phalJlahgarded as -equ
2$ F isute ~iui.Any dot~~e puX t8aops3~ng of the interpo -o. l -of tis
Agrre t -all bem nr4 h tooed t the wtee -*ihti abw , ch hvill. it.
in such mener aas it deems p Zi t*;a p - >- <. . ' -
-- 4 . -- E/PC/T/C.6/85/Rev. 1
Page 36
Article XXV
Entry into Force and Withdrawal
1. The original of this Agreement shall be deposited with the Secretary-
General of the United Nations, who will furnish certified copies thereof
to all interested governments.
2. Each government accepting this Agreement shall deposit an instrument
of acceptance with the Secretary-General of the United Nations, who will
inform all interested governments of the date of deposit of each instrument
of acceptance and or the date on which this Agreement enters into force
under paragraph 3.
3. This Agreement shall enter into force on the thirtieth day following the
day in which instruments of acceptance have been deposited with the Secretary-
General of the United Nations on behalf of [all] [a stated number] of the
governments represented on the Preparatory Committee of the International
Conference on Trade and Employment. ;
4. Each government accepting this Agreement does so in respect of the
metropolitan terraitory nd of suchother territories for which it has
international responsibility with the exception of those territories which
are serlf-goveninspg in reecttet of mars provided for in this Agreement.
Each accepting government shall notify the Secretary- Generalof the United
Nations of its acceptance of this Agreement on behalf of any such self-
gorrnrrioing teolrny wil-g to undertakebl the oogatfions a this Agreement,
and upon the date specified in such notificatiopn the roviosions f this
Aaeemeant shrl become appleicablqto that territory.
Each contracniag party ahbll take such reasonable measures as may be
aviilable ti It to assure observance of the provisions of this Agreement by
subordinate governments and authorities within its territory.
6. Withtu predu i evtt ohe pvoyioi6 s. fXticle le XIIany contracting
rty may withdraw 6Lom this agreement, either on its own behalf or on
behalf of one of its territories which is at the time self-governing in the
/respect Page 37
respect mentioned in paragraph 4 of this Article, after the expiration of
three years from the day on which this Agreement enters into force, by
written notification addressed to the Secretary-General of the United Nations.
The Secretary-General will immediately inform all other contracting parties.
The withdrawal shall take effect six months from the date of the receipt
of the notification by the Secretary-General. '
CItle ZM *.
Adherence
The Commitaeo scell ns neolve pr evrnmentsnceduwes uider rnmentsovexmeita
not parties to thin greeme1t-may adhere to it on terms to be agreed between
snmch goanerrents =d the .Committee ..
Aricle lVII
The Protocol
Theanianeed Protocol signed this day is hereby made eintegral part
of this Agreement.
/Mu PROCOL E/PC/T/C .6/85/Rev. 1
Page 38
DRAFT PROTOCOL TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE
THE GOVERNMENTS OF Australia, Belgium, Brazil, Canada, Chile, China,
. ' ,.' .a;;- . s '
France, India, Lebanon, Luxembourg, NCu~ebanon,, Lulcholurer'ao, Lembo
Newfdof South Africa, Union of Soviet aanUniloraion Socialist*rica,
tpublics, iUnited Kingdom and Unled States
Etaken, iy undeGeaTenifIn thm C-nenaT Aiffsnent o0 larttfs and'
Trade, to bring into ferce among ths msclves measure for the liberalization
of worldVofere provided foVr f in Chapter Y o't Charter referred to in the
- S.4 . ,; . .I
Preaile to such Agreement
ECit fLG threlatiosip between such measures and the
fulfilent of the broad purposes and perovisions of the Chartv as a whole
MAGEf FOIZWS:
1. They ue gundertake to bided inn thneir interatioal economic
relations by the following purposes, in accordance with Chapter I
of the Charter
(a) To promote national and international action -
(i) designed to realize the objectives set forth in the
Charter of the United Nations and particularly in
Article 55 (a) thereof, namely, higher standards of
lmplivm,lg,- 1 ea1yt and conditions of economic
and social progress and development;
(it for the expansion of the production, exchange and
iconsumpton of goods, for the achievement and
ncmaiintenae n all coun htrhiens ofigd lyad steai
rising levels of effective demand and real income,
for the development of the economic resources of the
world and foruc the rection of tariffs and other trade
barriers and the elimination of all forms of
discriminatory treatment in international commerce;
/(iii) to avoid E/PC/T/C .6 /85/Rev.1
Page 39
(iii) to avoid excessive fluctuations in world trade
and contribute to a balanced and expanding world
economy.
(b) To further the enjoyment by all contracting parties, on
equal terms, of access to the markets, products and productive
facilities which are needed for their economic prosperity and
development.
(c) To encourage and assist the industrial and general
economic development of the contracting parties, particularly
of those still in the early stages of industrial development.
(d) To facilitate the solution of problems in the field of
international trade, employment and economic development
through consultation and collaboration.
(e) To enable contracting parties by increasing the
opportunities for their trade and economic development on a
mutually advantageous basis, to avoid recourse to measures which
disrupt world commerce, reduce productive employment or retard
economic progress.
2. Pending their acceptance of the Charter in accordance with
their constitutional procedures and the entry into force of the
Charter, they also undertake to observe, and to make effective to
the fullest extent of their authority, all of the principles and
provisions of the following Chapters of the Charter:
Chapter III - Employment, Demand and Economic Activity
IV - Economic Development
" V - General Commercial Policy
" VI - Restrictive Business Practices
VII - Inter-governmental Commodity Arrangements |
GATT Library | pk723ps2432 | Draft General Agreement on Tariffs and Trade | United Nations Economic and Social Council, February 15, 1947 | United Nations. Economic and Social Council and Preparatory Commission of the Conference on Trade and Employment Drafting Committee | 15/02/1947 | official documents | E/PC/T/C.6/85 and E/PC/T/C.6/73-85/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/pk723ps2432 | pk723ps2432_90230153.xml | GATT_150 | 10,999 | 72,970 | United Nations
Nations Unies
ECONOMIC CONSEIL E/PC/T/C.6/85
AND ECONOMIQUE 15 February 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
DRAFTING COMMITTEE OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMEMT
DRAFT GENERAL AGREEMENT ON TARIFFS AND TRADE
INTRODUCTION
1. The Sub-Comittee on Tariff Negotiations has prepared the draft
General Agreement on Tariffs end Trade which is set out in the present
document to supersede the first draft prepared at the First Session
of the Preparatory Committee.
2. The draft Agreement reproduces many provisions of the Charter.
Reservations entered by delegates to those provisions of the Charter,
which reservations will be found in the Report of the Drafting Committee,
apply equally to the corresponding provisions of the draft Agreement.
3. It was agreed by the Sub-Coimmttee that there would need to be
some provision made for the provisional generalization to the trade
of governments not parties to the General Agreement of the tariff
concessions granted under the Agreement pending consideration by the
International Conference of the question whether benefits under the Charter
should be extended to non-Members of the Organization. However, as the
Drafting Committee had not considered the terms of Article 36 of the Charter
relating to non-Members, it was decided to defer consideration of this
question until a later stage.
4. The delegates for Brazil and New Zealand reserved their positions
regarding the non-inclusion in the draft Agreement of provisions relating
to expert subsidies. The delegates for Brazil, China and Cuba .considered
that the provision's of Article 12 of the Charter should be included in
/the draft E/PC/T/C .6/85
Page 2
the draft-Agreement. The delegate for the United States considered that
the provisions contained in Article V (Tariff Valuation) and. Article XVI
(Maintenance of Domestic Employment) should not be included in the draft
Agreement.
5. The Sub-Committee is of the opinion that the draft Agreement should
not be made public but should merely-be passed on to the Second Session
of the Preparatory Committee as a working paper.
* * * * ** * * *
THE GOVRNMENTS OF Australia, Belgium, Brazil., Canada, Chile, China, Cuba,
Czechoslovakia, France, India, Lebanon, Luxembcurg, Netherlands, New
Zealand, Norway, Union of South Africa, Union of Soviet Socialist Republics,
United Kingdom and United States (hereinafter referred to as the contracting
parties)*
HAVING been appointed by the Econcmic and Social Council of the
United Nations as a Preparatory Committee to prepare for the consideration
of an International Conference on Trade and Employment the text of a
draft convention
HAVING, in fulfilment of this function, Prepared and recommended
to the said Ccnference the draft Charter for an International Trade
Organization. of the United Nations, the text of which is set forth in the
Report of the Preparatory Committee of the Economic and Social Council
DESIRING to further the attainment of the objectives of the sail
Conference by making effective among themselves such provisions of the
above-mentioned. draft Charter as are applicable at this stage and thus
taking such action prior to the Conference as will constitute concrete
achievement capable of generalization to all countries on equitable
terms..
* I,f as expected, Syria also partcizpates in the negoi aiocns, it would
also be a party to the gGreement. E/PC/T/C.6/85
Page 3
HEREBY AGREE AS FOLLOWS:
ARTICLE I
General Most-Favoured-Nation Treatment
1. With respect to customs duties end charges of any kind imposed on or
in connection with importation or exportation or imposed on the
international transfer of payments for imports or exports, and with respect
to the method of levying such duties and charges, and with respect to all
rules and formalities in connection with importation or exportation, and
with respect to all matters provided for in Article II, any advantage,
favour, privilege or immunity granted by any contracting party to any
product originating in or destined for the territory of any other country,
shall be accorded immediately and inconditionally to the like product
originating in or destined for the territories of all other contracting
parties respectively.
*2 . ...............
ARTICLE II
National Treatment on Internal Taxation and Regulation
1. Neither internal taxes nor other internal charges nor internal laws,
regulations or requirements should be used to afford protection directly
or indirectly for any national product.
2. The products of the territory of any contracting party imported
into the territory of any other contracting party shall be exempt from
internal taxes and other internal charges of any kind higher then-those
imposed, directly or indirectly, on like products of national origin.
* This paragraph,. relating to exceptions for.preferences of certain
categories remaining after-negotiations, would be agreed upon after the
negotiations at the second session have been completed. Meanwhile, the
provisions of paragraph 2 of Article 14 and Article 24 of the draft
Charter would apply.
/3. The products E/FC/T/C.6/83
Page 4,
3. The products of the territory of any contracting party imported into
the territory of any other contracting party shall be accorded treatment
no less favourable than that accorded-to like products of national origin
in respect of all laws, regulations or requirements affecting their
internal sale- offering for sale; transportation; distribution or use: of
any kind whatsoever. The provisions of this paragraph shall be understood
to preclude the application of internal requirements restricting the amount
or proportion of an imported product permitted to be mixed, processed or
used Provided that any such requirement in force on- the day of signature
of this Agreement may, subject to the provisions of Article Vl, be continued.
until the expiration of one year from the day on which this Agreement enters
Into force. This period may be extended in respect of any product if the
Committee provided for in Article XXII, (hereinafter referred to as the:
Committee) concurs that the requirement concerned is less restrictive of
international trade than other measures permissible under this Agreement.
4. The provisions of paragraphs 1 and 3 of thls Article shall not be
construed to prevent the application, consistently with the provisions
of Article VIII, of internal laws, regulations or requirements .other than
taxes relating to the distribution or exhibition of cinematograph films
5. The provisions of this Article shall not apply to the procurement by.
governmental agencies of supplies for governmental use and not for resale
[or for use in the produiction of goods for sale].
ARTICLE III
Freedom of Transit: : - ,
1. Goods, including baggage, and a)6 vessels acd other. means of transport
shall be deemed to be in transit across the territory of a contracting party
when the ]ascage across aupmh territory, with or without trans-shi=ent
=rehousing,ofreaking bulk.or change In. he mode bi' ransport, is only a
portion of a complete journey, beginning and terminating beyond the frontier
of he contracting party across whose territory the traffic passes. Traffic
of thts nature is termed in this Article "traffic in transit". The provisions
of this Article shall not ampla sc the operation of aircraft in trmn3it.
/2. There Phell E/PC/T/C .6/85
Page 5
2. There shall be freedom of transit through the territories of the
contracting parties via the routes most convenient for international
transit for traffic in transit to or from the territories of other
contracting parties. No distinction shall be made which is based on the
nationality of persons, the flag of vessels, the place of origin, departure,
entry, exit or destination, or on any circumstances relating to the
ownership of goods, vessels or other means of transport.
3. Any contracting party may require that traffic in transit through
its territory be entered at the proper customhouse, but, except in cases
of failure to comply with applicable customs laws and regulations, such
traffic coming from or going to the territories of other contracting
parties shall not be subject to any unnecessary delays or restrictions
and shall be exempt from customs duties and from a1l transit duties or
other charges imposed in respect of transit, except charges for
transportation or those commensurate with administrative expenses
entailed by transit or with the cost of services rendered.
4. All charges and regulations imposed by contacting parties on traffic
in transit to or from the territories of other contracting parties shall
be reasonable, having regrd to the conditions of the traffic.
5. With respect to all charges, rules and formalities in connection
with transit, each contracting party shell accord to traffic in transit
- ; ,... . - *
to or fro the territory of any other contracting party treatment no
less favourable than the treatment accorded to traffic in transit to or
from any country.
6. Zch contracting party shall accord to products which have been
In txasit through the territories of any contracting party
treament no less favourable than that which would have been
- . -, fro thY.ir
accorded to such products bd.they been transported from their
origin to their destination without going through such territories.
[Any contracting E/PC/T/C .6/85
Page 6
Any contracting party shall, however, be free to maintain its requirements
of direct consignment (expedition direct) existing on the date of signing
this Agreement in respect of any goods in regard to which such direct
consignment is a requisite condition of eligibility for entry of the goods
at preferential rate of duty, or has relation to the contracting party's
prescribed method. of valuation for duty purposes.
Anti-Dumping and Countervailing Duties
1. No anti-dumpting duty or charge shall be imposed on any product of
the territory of any contracting party imported into the territory
of any other contracting party in excess of an amount equal to the
margin of dumping under which such product is being imported. For the
purposes of this Article, the margin of dumping shall be understood to
mean the amount by which the price of the product exported from one
country to another is less than (a) the comparable price charged for
the like product to buyers in the domestic market of the exporting
country, or, in the absence of such domestic price, either (b) the
highest comparable price at which the like product is sold for export
to any third country in the ordinary course of commerce, or (c) the
cost of production of the product in the country of origin plus a
reasonable addition for selling cost and profit; with due allowance in each
case for differences in conditions and terms of sale, for differences
in taxation, and for other differences affecting price comparability.
2. No countervailing duty shall be imposed on any product of the
territory of any contracting party imported into the territory of
another contracting party in excess of an amount equal to the estimated
bounty or subsidy determined to have been granted, directly or indirectly,
/on the E/PC/T/C .6/85
Page 7
on the production or export of such product in the country of origin or
exportation. The term "countervailing duty" shall be understood to mean
an additional duty imposed for the purpose of off-setting any bounty or
subsidy bestowed, directly or indirectly, upon the manufacture, production
or exportation of any merchandise.
3. No product of the territory of any contracting party imported into
the territory of any other contracting party shall be subject to
anti-dumping or countervailing duty by reason of the exemption of
such product from duties or taxes imposed in the country of origin
or exportation upon the like product when consumed domestically, or
by reason of the refund of such duties or taxes.
4. No product of the territory of any contracting party imported
into the territory of any other contracting party shall be subject
to both anti-dumping and countervailing duties to compensate for the
same situation of dumping or export subsidization.
5. No contracting party shall impose any anti-dumping or countervaiIing
duty or charge on the importation of any product of the territories of
other contracting parties unless it determines that the effect of the
dumping or subsidization, as the -case may be, is such as materially to
injure or threaten to injure an established domestic industry, or is
such as to prevent the establishment of a domestic industry.
6. Nothing in. this Article shall preclude contracting parties from
incorporating in a regulatory commodity agreement conforming to the
principles of Chapter VII of the draft Charter for an International Trade
Organization provisions prohibiting, as between the contracting parties
to such a commodity agreement, the use of anti-dumping duties in cases
in 'which dumping, within the meaning of paragraph 1 of this Article,
may be permitted under the. terms of such an agreement.
/ARTICLE V E/PC/T/C .6/85
Page 8
ARTICLE V
Tariff Valuation ..
The cpaontracting rties recognize the validity of the general
principles ofuataoiff valatipn set forth in nhe followapg sub-parsgrapha,
and they undertake to give effept to such Frinciples, in respect of all
products subject to duties, charges or regulations based upon value,
at the earliest practicable date. Moreover, they undertake upon a
request by another coatracting pWrty to review the operation of any of
their laws or regulations relating to value for duty purposes in the
light of these principles.
(a) (final text not yet drafted)
(b) The value for duty purposes of any imported product should
not include the amount of any (customs duty or) internal tax,
applicable within the country, of origin or export from which the
iduporhed procct tas been relieved or made exempt.
(c) In converting the value of any importerd product fom one
currency to another for the purpose of assessing duty, the
rate of exchange to be used should be fixed in accordance with
prescribed standards to reflect effectively the current value
of each currmency in cansomercial tractions.
(d) The bases and methods for determining the value of
*oducts subject.to duties resulted by value should be stable
and should be given sufficient publicity to enable traders to
estimate with a. reasonablfe decree o certainty, the amount of
,ty 3kely to be imposed.
R I LE VI ATCI 1
Coustoms Frmalities
1. The contracting partinies recogze the principle that subsidiary
/fees and E/PC/T/C.6/85
Page 9
fees and charges imposed on or in connection with importation or exportation
should be United in amount to the approximate cost of services rendered
and should not represent an indirect protection to domestic products or
a taxation of imports or exports for fiscal purposes. They also recognize
the need for reducing the number and diversity of such subsidiary fees and
chager for minimizing the Incidence and ccmplexity of import and export
formalities, and for decreasing and simplifying import and export
documentation requirements.
2. The contracting parties undertake to give effect to the principles
and objectives of paragraph 1 of this Article at the earliest practicable
. -. b: s .\ . . . :. .s . . . : .
date. Moreover, they undtake upon a request by another contracting party
tw review the operation of any of their customs laWs and regulations in
the light of these principles.
3 cepntmr in cases of serious negligence, greater then, Xnal penalties
over and above thea duty properly payable should not be imposed by ny
contracting party in connection with the Importation of any product of
the territory of any other contracting party because of errors in
documentation which are obviously clerical In origin or with regard to
which good faith can be established.
4. The provisions of tbis Article shae extend to fees, charges,
formalties requirements relating to all customs matters, including:
(a) Consular transactions, such as consular invoices and certificates;
(p.antitative restrictions;
..- (.) .. .
. ('stioal .serces; '. '. . -
-.-usdntaon and certifiction; .
- ny.,sis.. park an
-)Qarantmiine, sanitation and ftigtion.
/I CL VI E/PC/T/C.6/85
Page 10
_.:I LE. - -AR VI I . ...
.~~
Pumiaticneand. Aninistration.- Trade Regulations
AdvaRee Notice of F-strictive Regulations
1. oLsws, regulating, decisions of Judicial authornities and admiistrative
ruling of general application made effoectiveing by a cntract
;taining to the classification or the valuation of products for customs
purposes, or to rates of duty,h taxes or oter charges, or to requirements,
restrictions or porohibitions n imports or exports or on the transfer of
payments therefor, or affecting their sale or distribution, transportation
or insurance, or affecting their warehousing, insiectioogn, exhIbiti,
processing, mixing or hother use, sall be published promptly in such a
anrer as to enable traders and governments to become acquainted with them.
Agreements in force betweenmen the governt or a governmental agency of any
contracting party and the government or a governmental agency of any other
country afffecting international trade policy shall also be published. This
paragraph shall not require any contracting party to publish administrative
rulioungs which wld disclose confidemntiol inforaticn, impede law
enforcement, or otherwise be contrary to the publi[ interest for would
preJudice the legitimate business interests of particular enterprises,
public]or private7.
2. Each contracting party shall administer in a uniform, impartial and
reasonable manner all its laws, regulations, decisions and rulings of the
kind described in paragraph 1 of this Article.
3. No administrative rulcong of any ontracting party effecting an advance
in a rate of import duty or other charge under an established and uniform
practice, or imposing a new or mcore burdensme requirement, restriction
or prohibition on imports, or on the transfer of payments therefor, shall,
as a genenral rule, ad within theadm limits of inistrative practicability,
be applied. to products of the territory of any other contracting party
/already E/PC/T/C .6/85
already on routc at the time of publication thereof in accordance with
paragraph 1 of this Article provided that if any contracting party
customarily exempts from such new or increased obligation products entered
fcr consumption or withdrawn from warehouse for consumption during a period of
thirty days after the date of such publication, such practice shall be
considered in full compliance with this paragraph. The provisions of this
paragraph shall not apply to anti-dumping or countervailing duties.
ARTICLE VIII
Schedules of Concessions on Particular Products* **
1. Each contracting party shall accord to the commerce of the other
contracting parties the treatment provided for in the appropriate Schedule
annexed to this Agreement and made an integral part hereof.
* Certain delegates contemplated that there would be Included at an
appropriate place in the Agreement undertakings designed to prevent the
mullification or impairment of the benefits of the tariff concessions
of the Agreement which would result from any reclassificaticn of products
at higher rates of duty than those provided for in the Schedules. Such
undertakings might take the form either of provisions designed to prevent
such reclassification entirely, during the life of the Agreement, or to
prevent the imposition of higher duties resulting from such
reclassification, or, in cases where neither of these two courses might
be practicable, of provisions for negotiations to restore the previous
balance between concessions and counter-concessions.
** It is contemplated that there would appear at an appropriate place in
each of the Schedules a provision along the following lines: "The
products of the territories of the contracting parties, enumerated and
described in this Schedule, shall, on their importation into [name of
country ] be exempt from ordinary customs duties in excess of those
set forth and provided for in this Schedule, subject to the conditions
therein set out. Such products shall also be exempt from all other
duties or charges imposed on or in connection with importation, in
excess of those imposed on the day of the signature of this Agreement
or required to be imposed thereafter under laws of [name of country]
in force on that day provided, that this sentence shall not prevent the
Government of [name of country ] from imposing at any time on the
importation of any product a charge equivalent to an internal tax
imposed in respect of the like domestic product or in respect of
article from which the imported product has been manufactured cr
produced in whole or in part.
/2. No contracting E/PC/T/C .6/85
Page 12
2. No contracting party shall alter the general principles applicable in its
territory for determining dutiable values and converting currencies so as to
impair the value of any of the concessions provided for in the appropriate
Schedule annexed to this Agreement.
3. If any contracting party, after the day on which this Agreement enters
into force, establishes or authorizes,. formally or in fact, an effective
monopoly of the importation of any product for which a maximum rate of duty
is provided in the appropriate Schedule annered to this Agreement, the price
for such imported product charged by the monopoly in the home market shall
not exceed the landed cost (before payment of any duty) by more than such
maximum duty; after due allowance for internal taxes. transportation,
distribution and other expenses incident to purchase, sale or further
processing and for a reasonable margin of profit. For the purpose of
applying this-margin regard may be had to average landed costs and selling
prices of the monopoly over recent periods. The monopoly shall, as far as
administratively practicable, and subject to the other provisions of this
Agreement, import from contracting states and offer for sale at prices charged
within such maximum margin such quantities of the product as will be sufficient
to satisfy the full domestic demand for the imported product, account being
taken of any rationing to consumers of the imported and like domestic product
which may be in force at that time.
ARTICLE IX
General Elimination of Quantitative Restrictions
1. Except as otherwise provided in this Agreement, no prohibitions or
restrictions other than duties, taxes or other charges whether made
effective through quotas, import licenses or other measures, shall be
Imposed or maintained by any contracting party on the importation of any
product of the territory of any other contractiig party or on the exportation
or sale for export of an product destined for the territory of any other
contracting party. .
2e . Thprovision s o paaragrph 1 shall not extend to the following:
(a) Prohibitions or restrictions on imports or exports imposed or
maintained during the early post-war transitional period, which are
/esaatiel to E/PC/T/C .6/85
Page 13
essential to
(i) the equitable distribution among the several consuming countries
of products in short supply, whether such products are owned by
private interests or by the government of any contracting party;
(ii) the maintenance of war time price control by a contracting party
undergoing shortages subsequent to the war;
(iii) the orderly liquidation of temporary surpluses of stocks owned
or controlled by the government of any contracting state or of
industries developed in the territory of any contracting party
owing to the exigencies of the war, which it would be
uneconomic to maintain in normal conditions Provided, that
restrictions for this purpose may not be instituted by any
contracting party after the date on which this Agreement enters
into forc except after consultation with other interested
contracting parties with a view to appropriate international
action.
Import and export prohibitions end restrictions imposed or maintained under
sub-paragraph (a) shall be removed as soon as the conditions giving rise to
them have ceased, and in any event, not later than 1 July 1949 Provided,
that this period may, with the concurrence of the Committee, be extended in
respect of ay product for further periods not to exceed six months each.
(b) Export prohibitions or restrictions temporarily imposed to relieve
critical shortages of foodstuffs or other essential. products in the
territory the exporting contracting party.
(c) Import and export prohibitions or restrictions necessary to the
application of standards for the classification and garding of
commodities in international trade.
(d) Export or import quotas imposed under regulatory inter-governmental
commodity agreements conforming to the principles of Chapter VII of the
draft Charter for an international Trade Organization referred to in the
Preamble to this Agreement.
/(e) Import E/PC/T/C .6/85
Page 14
(e) Import restrictions on any agricultural or fisheries product,
imported in any form, necessary to the enforcement of governmental
measures which operate (i) to restrict the quantities of the like
domestic product permitted to be marketed or produced, or (ii) to
remove a temporary surplus of the like domestic product by making
the surplus available to certain groups of domestic consumers free
of charge or at prices below the current market level.
Any contracting. party imposing restrictions on the importation of any
product pursuant to this sub-paragraph shall give public notice of the
total. quantity or value of the product permitted to be imported during a
specified future period and of any change in such quantity or value. Moreover
any restrictions imposed under (i) of this sub-paragraph shall not be such
as will reduce the total of imports relative to the total of domestic
Production, as compared with the proportion which might reasonably be
expected to rule between the two in the absence of the restrictions. In
determining this proportion the contracting party shall pay due regard
to the proportion-prevailing-during a previous representative period
and to any special factors which may have affected or ray be affecting
the trade in the product concerned. The contracting party shall consult
with any other contracting parties which are interested in the trade in
question and which wish to initiate such consultations.
ARTICLE X
Restrictions to Safeguard the Balance of Payments
1. Contracting parties may need to is import restrictions as a means
of safeguarding their external financial positions as a step toward
the restoration of equilibrium in their balance of parents on a sound
/and lasting E/PC/T/C. 6/85
Page 15
as:, par.iu.ar
aind particularly in view of 2atngbas 'hedr incre ase& demand.fo
mports need.to carry cumett -hempliyrent r donswiL e lncozructio,.
developmentpor social ?olicies, Acnor die n gly, ,otthtanding the
7rovisios ofXArticle I1, any contracting part a restrict the quantity
or value of merchantdise permited to be impoated Insiser as th±~ is
necessagy to safeSuard its balance of payments or monetary reserves.
2. The use of import restndetions u=Lar paragraph 1 shall be subject
to the followeme requircxcnts:
(aa No contrecting party shall impose new restrictions or intensify
existing restrictions except to the extent necessary to stop or to
fozestall the imminent threrit of a serous decline in the level of
its monetary reserves or, in the case of a contracting party with
very low monetary reserves, to achieve a reasonable rate of increase
in its reserves due allngwmnce beiG zade in each case for any special
facmor which May be affecting the level of the contracting party's
reserves, mmfor any coioments or cther circumstances which may be
affecting its need for reserves, and. for any special credits or
other resources which may be available to protect its reserves.
(b) Contracting parties shall eliminate the restrictions when
conditions would no longer justify the impositirn of now sestrictions
under sub-paragraph (a), and shall relax them progressively as such
conditions are approached.
(c) Contracting partnot shall 3 apply thionestrictS.ns in such
a manner as to. exclude completely. imnorts of aDy class of goods.
3. (a) w contrpartyactinghi h i wc s not maintainiing nrestrctios
~g lat.,wi tin
uder r . ut whch is considering the .need. forthei
iomposition, shall, before imposng.uch 'es tians(o, in
is rcmprauzancbes -immn_hch cosuato icticatle, itediaely
~- - ftollIwing E/P/T/C .6/85
Page 16
following Ruon the imposition of such restrictions) consult with
the Comimttee as tot hen ature of it.b alance-oft-amyents difCiculties,
the various corrective measrues hwich may be abvailale, and the Bosisble
effects of such measures Oo the economies of other contracting parties.
The Committee sha ll invite the International Monetary Fund to participate
in the consultations. No contacting party shall baerequired during
such discussions to indicate in advance the choice or timing of any
particular measures which it may ultimately determine to adopt.
(b) The Committee may at any time invite any contracting party
applying pimort restrictions under paragraphs 1 and 2 to consult
with it about the form or extent of the restrictions, and shlal invite
a contracting party substantially intensifying such restrictions to
consult accordingly within thirty days. Contracting parties thus
invited shall participate in such discussions. In the conduct of
such discussions the Committee shall consult the International
Monetary Fund and any other appropriate inter-governmental
organization, in particular with regard to the alternative methods
available to the contracting parts in question of meeting its'
balancaeof-payments difficulties. The Committee shall, not later
than two years from the day-on which this Agreement enters into force,
review all restrictions existing on that day and still maintained
under paragraphs 1 and 2 at the tinm of the review.
(c) Any contracting party may consult with the Committee with a
view to obtaining the prior approval of the Committee for restrictions
which the contracting party proposes, under paragraphs 1 aEn 2 to
maintain, intensify or impose, or for the maintenance, intensification
or imposition orfrestrictions under specfiide future conditions.
The Committee shall nivite the tInernational Meontra'y Fud to
participate in the conisltatcits. AS a re's ltof such coLnulkttions,
/the Committee E/PC/T/C .6/85
Page 17
the Committee may approve in .advance the maintenance, Intensification
or imposition of restrictions by the contractig party in question
insofar as the general extent degree and duration of the restrictions
are concerned. To the extent to which such approval has been given,
the action of the contracting party applying restrictions shall not
be open. to challenge under sub-paragraph (d), on the gound that such
action is inconsistent with the provisions of paragraphs 1 and 2.
(d) Any contracting party which considers that any other contracting
party is applying import restrictions under paragraphs 1 and 2 in
a manner inconsistent with the provisions of those paragraphs or of
Articles XII and XIII, or in a manner which unnecessarily damages its
commercial interests, may bring the matter for discussion to the
Committee. The contracting party applying the restrictions shall
then participate in discussions of the reasons for its action. The
Committee shall, if it is satisfied that there is a prima facie case
that the complaining party's interests are adversely affected,
consider the complaint. It may then, after consultation with the
International Monetary Fund on any matter falling within the
competence of the Fund, and, if it considers desirable, after
submitting observations to both parties with the aim of achieving
a satisfactory settlement of the matter in question, 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 XIIand XIII or in a manner which
unnecessarily damages the interests of another contracting party.
If the restrictions are not withdrawn or modified in accordance
with the recommendation of the Committee within sixty days, such
-w - ' ' .
other contracting party shall be released from such obligations
incurred underr this apgreement towards the contracting party pplying
the restrictions as the Committee may approve.
fAe) The Comittee E/PC/TC .6/85
page l8
(e) The Committee in reaching. its decision under sub-paragraph (d)
shall not recommend the withdrawal or general relaxaticn of
restrictions on the ground that the existing or prospective
balance-of-payments difficulties of the contracting party in
question could be avoided by a change in that contracting party's
domestic employment, reconstruction, development or social policies.
In carrying out such domestic policies, however, contracting parties
shall pay due regard to the need for restoring equilibrium in the
balance of payments on a sound and lasting basis.
4. In giving effect to the restrictions on imports under this Article,
a contracting party may select import for restriction on the grounds of
[the essentiality of other imports to ]
[essentiality in such a way as to give priority to imports required by]
its domestic employment, reconstruction, development or social policies and
programmes. In so doing the contracting party shall avoid all unnecessary
damage to the commercial interests of other contracting parties.
5. If there is persistent and widespread application of import restrictions
under this Article, indicating the existence of a general disequilibrium
which is restricting international trade, the Committee shall seek
consultation with the International Monetary Fund. The Committee may
then, in collaboration throughout with the Fund, initiate discussions
to consider whether, other measures might not be taken, either by those
contracting parties whose balances of payments are under pressure or by those
contracting parties 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. On the invitation
of the Committee contracting parties shall participate in such discussions.
6, Throughout this Article and Articles XII and XIII the phrase "import
restrictions" includes the restriction of imports by state-trading
organizations to an extent greater than that which would be Permissible
under Article VIII.
/7. Contracting E/PC/T/C .6/85
Page 19
7. Contracting parties recognize that during the next few years all of
them will be confronted, in varying degrees, .by problems of economic
adjustment resulting from the war. Daring this period the Committee shall,
when required to take decisions under this Article or under Article XII,
take f'ull account of .the difficulties of post-war adjustment.
ARTICLE XI ;
Non-DiscrimnatQuor Administration of.Cntitative Restrictions
1. No prohibition or restriction shall be applied by any contracting party
on the importation of any product of ohe territory of any qther contracting
party or on the exportation of any product destined for the, territory of
any other contracting parties, unless the importation of the like product
ofall third couatries or the exportr;ion of the like product to all third
countries is similarly prohibited or restricted.
2. Contractingparties shell observe the following provisions in applying
import restrictions:
(a) The administration sof th e reatrictionshouldbe ccrried cut in
such a way as to uresult in a distribation of trade which approaches
as closeleys as powhssible to th hares ich the various contracting
parties might be expected to obtain as the result of international
competitio ren in the sabsence ofstriction.
(b) Wherever practicable, quotas representing the total amount of
pheermitted importas(-rheur allocated eoing siplying countrts or not)
shall be fized,oapd noticme givien -f their awount h accordance ith
sub-paregraph 3 (b). .
() -ncases. n- hich quotas a,re not pzrcticable. he restrictions
pmay be appliedpymans of imporrmt licenses or pe-it without a quota.
(d) Import licenwsee or permitsis, hether or not sued in connection
ll with quotas, hr- (save for purposes of operating quotas allocated
/inaccordance E/PC/T/C.6/85
Page 20
in accordance with sub-paragraph (t)) require or provide that the license
or permit be utilized for the importation of the product concerned from
a particular country or source.
(e) In cases in which a quota is allocated among supplying -countries,
the shares of the various supplying contracting parties should 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 contracting
parties applying the restrictions may seek agreement with respect to the
allocation of shares in the quota with all other contracting parties
having a substantial interest in supplying the product concerned. In
cases in which this method is not reasonably practicable, the contracting
party concerned shall allot to contracting parties having a substantial
interest in supplying the product, shares based upcn the proportions of
the total quantity or value of the product supplied by such contracting
parties during a previous representative period, due account being taken
of any special factors which may have affectel. be affecting the
trade in the product.
3. (a) In cases in which import licenses are issued in connectlon with
import restrictions, the contracting part applying the restriction
shall provide, upon the request of any contracting party having an
interest in the trade in the product concerned, all relevant information
as to the administration of the restriction, the import licenses granted
over a past recent period and the distribution of such licenses among
supplying countries Provided that there shall be no obligation to supply
information as to the names of importing or supplying enterprises.
(b) In the case of import restrictions involving the fixing of quotas
(whether or not allocated among supplying countries), the contracting
party applying the restrictions shall give public notice of the total
quantity or value of the product or products, which will be permitted
to be imported during a specified future period and of any change in
/such quantity E/PC/T/C. 6/85
Page 21
such quantity or value, provided that any supplies of the product in
question, which were en route at the time at which public notice was
given, shall not be excluded but may be counted, as far as practicable,
against the Quantity permitted to be imported in the period in question.
(c), In the case of quotas allocated among supplying countries, the
contracting party applying the restriction shall promptly inform all
other parties having an interest in supplying the product concerned
of the shares in the quota, by quantity or value, currently allocated
to the various supplying countries.
4. With regard to restrictions imposed in accordance with sub-paragraph 2 (e)
of this Article or under sub-paragraph 2 (e) of Article X, the selection of
a representative period for any product and the appraisal of any special
factors affecting the trade in the product shall be made initially by the
contracting party imposing the restriction Provided that such contracting
party shall, upon the request of any other contracting party having a
substantial interest in supplying that product or upon the request of the
Committee, consult promptly with the other contracting party or with the
Committee regarding the need for an adjustment of the base period selected
or for the re-appraisal of the special factors involved.
5. The provisions of this Article shall apply mutatic mutandis to (a)
any export restrictions and (b) any tariff quota established or maintained
by any contracting state..
ARTICLE XII
Exceptions to the Rule of Non-Discrimination
1. The provisons of Articles IX,Xx and XI shall not preclude
(a) restrictions with equivalent effect to exchange restrictions
authorized under Section 3 (b)ocf Article VIE of the Articles of
g~reement of the International Monetary Fund;
(7)b prohibitions E/PC /T /C ,6/85
page 22
(b) prohibitions or restrications in accordance with sub-paragraph
2 (a (i)or 2 (d) of Article VIII;
(c) conditions attaching to exports which are necessary to ensure
that an exporting country receives for its exports its own currency
or the currency of any member of the International Monetary Fund
specified by the exporting country;
(d) restrictions in accordance with Article X which either
(i) are applied otherwise consistently with Article XI against
imports from other countries by a group of territories
with a common quota in the International Monetary Fund, or
(ii) assist in the period until 31 December 1951, by measures
not involing substantial departure from the provisions
of Article XI a country whose economy has been disrupted
by war or both
(e) restrictions in accordance with Article X which both
(i) provide a contracting party with additional imports above
the maximum total of imports which it could afford in the
light of the requirements of paragraph 2 of Article X if
its restrictions were consistent with Article XI, and
(ii) have equivalent effect to exchinge restrictions, which
are permitted to that contracting state under the Articles
of Agreement of the International Monetary Fund or under
the terms of any special exchange agreement, which may have
been made between th:e treating party and the Committee
under Article XIlI Provided that a contracting party, which
is not imposing restrictions on payments and transfers for
current international transactions, may apply import
restrictions under (i) of this sub-paragraph in special
circumstances and only with the prior approval of the
Committee in agreement with the International Monetary Fund.
/2. If the E/PC/T/C .6/85
Page 23
2. If the Cmmittee finds, after consultation with the International
Monetary Fund on matters within the competence of the Fund, that import
restrictions or exchange restrictions on payments and transfers in connection
with imports are being applied by a contracting party in a discriminatory
manner inconsistent with the exceptions provided under this Article or in a
manner which discriminates unnecessarily against the trade of another
contracting party, the contracting party shall within sixty days remove the
discrimination or modify it as specified by the Committee Provided, that
a contracting. party may, if it so desires, consult with the Committee to
obtain its prior approval for such discrimination, under the procedure set
forth in paragraph 3 (c) of Article X and to the extent that such approval
is given, the discrimination shall not be oponed to challenge under this
paragraph.
3, When three-quarters of the contracting parties of the Organization have
accepted the obligations of Article VIII of the Articles of Agreement of the
International Monetary Fund, but in any event before 31 December 1951, the
Committee shall review the operations of this Article, in consultation with
the International Monetary Fund, with a view to the earliest possible
elimination of any discrimination, under sub-paragraphs 1 (c) (i) and (ii)
of this Article, which restrict the expansion of world trade.
ARTICLE XII
Exchange Arrangements
1. The Committee shall seek co-operation with the International Monetary
Fund to the end that the Committee and the Fund may pursue a co-ordinated
policy with regard to exchange questions within the competence of the Fund
and questions of quantitative restrictions or other trade measures within
the competence of the Committee.
2. Contracting parties shall not seek by exchange action to frustrate the
provisions of this Agreement and shall not seek by trade action to frustrate
/the purposes page 24
the purposes of the International Monetary Fund
3. In order to avoid the imposition of trade restrictions and
discriminations through exchange techniques and in order to avoid the
danger of conflicting jurisdiction between the Committee and the
Internatonal Monetary Fund in exchange matters, the contracting parties
shall also undertake membership of the International Monetary Fund.
Provided that any government which is not a member of the International
Monetary Fund may accept this Agreement if, upon acceptance, it undertakes
to enter as soon as possible into special exchange agreement with the
Committee which would become part of its obligations under this Agreement,
And Provided. further that a contracting party which ceases to be a member
of the International Monetary Fund shall forthwith enter into a special
exchange agreement with the Committee, which shall then become part of its
obligations under this Agreement.
4. A special exchange agreement between a contracting party and the
Committee under paragraph 3 of this Article must provide to the
satisfaction of the Committee, collaborating throughout with the
International Monetary Fund, that the purposes common to the Committee
and the Fund will not be frustrated as a result of action in exchange
matters by the contracting party in question. -
5. A contracting party which has made such an agreement undertakes to
fuzish the Committee with the information which it may require,.within
the general scope of Section5 of Article VIII of the Articles of Agreement
of the International Monetary Fund, in order to carry out itss function
relating to such. agreement
6. The Committee shall seek and accepiont the opin of theo Internatinal
Mcetax Fund as to whether action by the, contracting party in exchange
/matters E/PC/T/C .6/85
page 25
matters is permissible under the terms of the special exchange agreement
and shall act in collaboration with the International Monetary Fund on all
questions which may arise in the working of a special exchange agreement
under this Article.
ARTICLE XIV
General Undertaking Regarding Subsidies
If any contracting party grants or maintains any subsidy, including
any form or income of price support, which operates directly or indirectly
to increase exports of any product from, or to reduce imports of any
product into its territory, the contracting party shall notify the
Committee in writing as to the extent and nature of the subsidization as
to the estimated effect of the subsidization on the quantity of the
affected product or products imported into or exported from the territory
of the contracting party and as to the conditions making the subsidization
necessary. In any case in which it is determined, by consultation through
the Committee among the contracting parties having an important interest in
the trade in the product concerned, that serious prejudice to the interest
of any other contracting party is caused or threatened by any such
subsidization, the contracting party granting the subsidization shall,
upon request, discuss with the other contracting party or contracting
states concerned, or with the Committee, the possibility of limiting the
subsidization.
ARTICLE ~~~~~ATICIE XV
Non-Discritoate-ryad Agm'inisration of StF vTrt ntr-priss
1. if any contracting party establishes or maintains a state enterprise,
herever located, which ciamports, exports, puraAes, sells, or distributes
any produ6,.or if any contracting party grants exclusive or special
privileges, formally or in effect, to any enterprise to import, export,
/purchase, E/PC/T/C . 6/85
Page 26
purchase, sell, distribute or produce any product, the commerce of other
contracting parties shall be accorded treatment no less favourable than
that accorded to the commerce of any country other than that in which the
enterprise is located in respect of the purchase or sale by such enterprise
of any product. To this end such enterprise shall, in making its external
purchases or sales of any product, be influenced solely by commercial
considerations, such as price, quality, marketability, transportation and
other terms of purchase or sale and also any differential customs treatment
maintained consistently with the other provisions of this Agreement.
2. The provisions of paragraph 1 relating to purchases or imports by
state enterprises shall apply to purchases or imports of products for re-sale
[or for use in the prodction of goods for sale]. With respect to purchase or
imports by state enterprises of products for Covernmental use and not for
re-sale [or for use in the production of goods for sale contracting parties
shall accord to the commerce of other contracting parties fair and equitable
treatment, having full regard to all relevant circumstances.
3. This Article shall apply to apply enterprise, organ or agency in which
there is effective control by the Government of a contracting party or over
whose trading operations the government of a contracting party [is in a
position to exercise] [exercises] effective control by virtue of the special
or exclusive privileges granted to the enterprise.
ARTICLE XVI
Maintenance of Domestic Employment
1. Each contracting party shall take action designed to achieve and maintain
full and productive employment and high and stable levels.of effective demand
within its own jurisdiction through measures appropriateto its political,
economic and social institutions.
2. Measures to sustain employment and demand. shall be consistent with the
other purposes and provisions of this Agreement and in the choice of such
measures each contracting party shall seek to avoid creating balance-of-payments
difficulties for other contracting parties.
/ARTICLE XVII Page 27
ARTICLE XVII
Governmental Assistance to Economic Development
1. The contracting parties recognize that special governmental assistance
may be required in order to promote the establishment or reconstruction of
particular industries and that such Assistance may take the form of
protective measures. At the same time the contracting parties recognize
that an unwise use of such measures would impose undue burdens on their own
economies and unwarranted restrictions on international trade and might
increase unnecessarily the difficulties of adjustment for the economies of
other countries.
2. Therefore
(a) If a contracting party, in the interest of its programme of
economic development, considers it desirable to adopt any protective
measure which would conflict with any other provision of this
Agreement, it shall so notify the Committee and shall transmit to
the Committee a written statement of the considerations in support
of the adoption of the proposed measure. The Cormmittee shall promptly
infrom those contracting parties whose trade would be substantially
effected by the proposed measure and afford them an opportunity of
presenting their views. The Committee shall then promptly examine the
proposed measure in the light of the provisions of this Agreement and
of the Protocol relating to the draft Charter for an International
Trade Organization annexed thereto, which Protocol is an integral part
of this Agreement, the considerations presented by the applicant
contracting party, the views presented by the other contracting parties
which would be substantially affected by the proposed measure, and such
criteria as to productivity and other factors as it may establish, taking
into account the stage of economic development or reconstruct on of the
contracting party.
(b) If, as a result of its examination pursuant to sub-paragraph (a),
the Committee concurs in any measure which would be inconsistent with
any obligation which the applicant contracting state has assumed under
/Article VIII Article VIII of this Agreement, or which would tend to mullify or
impair the benefit to such other contracting party or parties of any
such obligation, the Committee shall sponsor and assist in negotiations
between the applicant contracting party and the other contracting
party or parties which would be substantially affected, with a view to
obtaining general agreement. Upon such agreement being reached the
Committee may release the applicant contracting party from the obligation
in question or from any other relevant obligation under this Agreement,
subject to such limitations as may have been agreed upon in the
negotiations between the contracting parties concerned or as the
Committee may impose.
(c) If, as the result of its examinations pursuant to sub-paragraph (a),
the Committee concurs in any measure, other than those provided for
in sub-paragraph (b), which would be inconsistent with any other
of this Agreement, the Committee may, at its discretion,
release the applicant contracting party from any obligation under such
provision, subject to such limitations as the Committee may impose.
ARTICLE XVIII
Emergency Action on Imports of Particular Products
1. If, as a result of unforeseen developments and of the effect of any
obligations Incurred under or pursuant to this Agreement, any product is being
imported into the territory of any contracting party in such increased
quantities and under such conditions as to cause or threaten serious injury to
domestic producers of like or directly competitive products (or, in the case
of a product which is the subject of a concession with respect to a preference,
is being imported under such conditions as to cause or threaten serious injury
to producers in a territory which receives or received such preference) the
contracting party shall be free to suspend the obligation in respect of such
product in whole or in part, or to withdraw or modify the concession to the
extent and for such time as may be necessary to prevent such injury.
/2. Before any Page 29
2. Before any contracting partuy shall take action pursuant to the
provisions of paragraph 1, it shall give notice in writing to the Committee
as far in advance as may be practicable and shall afford the Committee
and those contracting parties having a substantial interest as exporters of
the product concerned, an opportunity to consult with it in respect of the
proposed action. In critical and exceptional circumstances such action may
be taken provisionally without prior consultation Provided that
consultation shall be effected immadeietely following upon the taking of
such action.
3. If agreement among the interested contracting parties with respect to
the action is not reached; the contracting party which proposes to take or
continue the action, shall, nevertheless, be free to do so and if such
action is taken or continued, the effected contracting parties shall then be
free, not later than sixty days after such action is taken, to suspend, upon
the expiration of thirty days from the date of which written notice of such
seuspesion is received by the Committee, the application to the trade of the
contracting party taking such action, cf such substantially equivalent
obligations or concessions under this Agreement the suspension of which the
Committee does not disapprove. In cases of abuse the Committee may
authorize' an affected contracting party to suspend concessions or obligations
in addition to those which may be substantially equivalent to the action
originally taken.
ARTICLE XIX
Consultation - Fullfication or Impairment
1. Each contracting party will accord' sympathetic consideration to, and
will afford adequate opportunity for consultation regarding, such
representations as may be made by any other contracting party with respect
to the operation of customs regulations and formalities, anti-dumping and
countervailing duties quantitative and exchange regulations .subsidies,
/state-trading _, 1 .
page 30
astate -trding operations, sanitary laws and regulations for the protection
of imman, an'=al or plan plant life or life or- health; and generally all Matters affecting
the operatiion of ths Aagreement nd will, in the course of such consultation,
provee -he other contrasting part-with such information as will, without
rejudicilg the alegitimte.sbusines-interests of particular business
enterprises, enable a fulli and far appraisal of the onsituati which is the
subject of such representations.
2. If any contracting party should consider thot any cther contracting
party is applying any measure, whether or not iit conflcts with the terms
of: this Agreement or of the Protocol relating to the Draft Charter for an
International Trade Organization annexed thereto which Protocol is an integral
part ofg teis Arecment, or that any situation exists, which has the effect
of nallifying or impairing any object of this Agreement or of such Protocol,
the contracting party or parties concerned shall give sympathetic
consideration tw iuch vrIpten reoresentations or proposals as may be made
with a view toingffectln a satisfactory, adjustment of the matter. If no
suchm edjustent can be effected, the matter may be referred to the Committee,
which shalr, aftei investigationi and, 'f necessary, after consultation
with the Economic and Social Ccuncil of the United Nations and any
approiriate onter-gcvernoentai crganAzations, make appropriome rec6amendations
to the contracting partiernconcs,.ed. The Committee, if it considers the
case serious enough to justify such action, may authorize a contracting
party or parties to suspend. the application to any other contracting party
ir Part es, of such specifiedtibligae.ons or concessions under this
AEreement as map bp ap rorriate in che ciroumstances. if such obligations
or concessions are in fact suspended, any affected contracring pally shs3E
then be free, not later than sixty days after sich astIon i' taken, to
withomaw frce this Agreement upon the exp irationof sixty days from the
date on which written notice of such withdrawal is rece ived bythe
Committee.
/ARXXCI K E/PC/T/C.6/85
Page 31
ARTICLE XX
General Exceptions
Subject to the requirement that such measures are not applied in a
manner which would constitute a means of arbitrary or unjustifiable
discrimination between countries there the same conditions prevail, or a
disguised restriction on international trade, nothing in this Agreement shall
be construed to prevent the adoption or enforcement by any contracting party
of measures:
(a) necessary to protect public morals;
(b) necessary to protect human, animal or plant life or health of
corresponding safeguards under similar conditions exist in the importing
country;
(c) relating to fissionable materials;
(d) relating to the traffic in arms, ammunition and implements of war
and to such traffic in other goods and materials as is carried on for
the purpose of supplying a military establishment;
(e) in time of war or other emergency in international relations,
relating to the Protection of the essential security interests of a
contracting party;
(f) relating to the importation or exportation of gold or silver;
(g) necessary to secure compliance with laws or regulations which are
not consistent with the provisions of this Agreement, such as, e.g. those
relating to customs enforcement, state monopolies, deceptive practices,
and the protection of patents, trade marks and copyrights;
(h) relating to the products of prison labour;
(i) imposed for the protection of national treasures of artistic,
historic or archaeological value;
(j) relating to the conservation of exhaustible natural resources if
such measures are taken pursuant to international agreements or are made
effective in conjunction with restrictions on domestic production or
consumption;
(k) undertaken in pursuance of obligations under the United Nations
/Charter E/PC/T/C.6/35
Page 32
Charter for the maintenance or restoration of international, peace and
security.
- ARTICLE XXI
Territorial Application
Customs Unions - Frontier Traffic
1. The provisions of this Agreement shall apply to the customs territories
of the contracting parties. If there are two or more customs territories
under the jurisdiction of any contracting party, each such customs territory
shall be considered as a separate contracting party for the purpose of
interpretation the provisions of this Agreement.
2, The provisions of this Agreement shall not be construed to prevent
(a) advantages accorded by any contracting party to adjacent countries
in order to facilitate frontier traffic; or
(b) the formation of a union for customs purposes of any customs
territory of any contracting party and any other customs territory
Provided that the duties and other regulations of commerce imposed by
any such union in respect of trade with other contracting parties shall
not on the whole be higher or more stringent than the average level of
the duties and regulations of commerce applicable in the constituent
territories prior to the formation of such union.
3. Any contracting party proposing to enter into any union described
in sub-paragraph 2 (b) shall consult with the Committee and shall make
available to the Committee such information regarding the proposed union as
will enable the Committee to make such reports and recommendations to
contracting parties as it may deem appropriate.
The contracting parties recognize that there may in exceptional
circumstances be justification for new preferential arrangements requiring
an exception to the provisions of this Agreement. Any such exception shall
be subject to approval by the Committee pursuant to paragraph 5 of
Article XXII.
/5. For the purpose E/PC /T/C.6/85
Page 33
5. For the purpose of this Article a customs territory shall be understood
to mean any area within which separate tariffs or other regulations of
commerce are maintained with respect to a substantial part of the trades of
such area. A union of customs territories for customs purposes shall be
understood to mean the substitution of a single customs territory for two or
more customs territories, so that all tarriffs and other restrictive regulations
of commerce as between the territories of contracting parties of the union
are subtantially eliminated and substantially the same tariffs and other
regulation of commerce are applied by each of the contracting parties of the
union to the trade of territories not included in the union.
ARTICLE XXII
Functions and Structure of the Interim Trade Committee
1. An Interim Trade Committee is hereby established on which each
contracting party shall have one representative.
2. The Committee is authorized to perform such functions as are
specifically provided for in the other provisions of this Agreement and
generally to perform any other functions which may be appropriate or necessary
for the full implementation of this Agreement and its accompanying Protocol.
3. Each representative on the Committee shall have one vote.
4. Subject to the provisions of paragraph 5 of this Article, decisions
of the Committee shall be taken by a majority of the representatives
present and voting.
5. The Committee may, by a vote of two-thirds of its members, adopt
criteria and procedures, including voting procedures, for waiving, in .
exceptional circumstances, obligations incurred under this Agreement.
6. As soon as the international Trade Organization has been established
and is capable of exercising its functions, the Committee may be dissolved
by the procedure laid down in paragraph 3 of Article 23 and its functions
and assets transferred to the Orgaization.*
* It may be necessary to include in this Article a provision regarding
contributions to the expanses of the Committee.
/ARTICLE XXXXI E/PC/T/C.6/85
Page 34
ARTICLE XXIII.
. .x.
1. This Agreetment may be amended or revised, bp the zrocedi-e laad down
in aaragrsph 3 of this Article, in the lfight o thesionvilo3ns of the Charter
fonternaaiern tIonal Trade Organization drafted bynthe I;ternational Cnnfere~ce
on TradEmandyMnplovment, or otherwise.
2. In the ovent cf tse disonlutica of the Commundee suregrapharai h 6 of
ArXXicle MII, this Agreement shall be terminated, provided, that those
contrapting -arties which bMcmme Ketbers of thenInterrational Orade 0-ganizaticn
-y provide that suchga obliciods unler this Agreement as mayy .;- specify
shall continue in force between themselvep as 3art of the relevaovisionsiomS
cf the said Charter.
3. A decision oe tommiCc~ittee to amend, revise or terminate this Agrnemert
unrer thrtiis Acle or issolvecl.e tommic.i1ttnder paragraph 6 3 6 of
ArtiXXIe D1I shallo b cmfectlffeive upon its formal pcceltance by two-thirds
he hentracting partieos, ommunicated to the Secretary-General of the
United Nations within [one month] of the date of the meeting at which the
decision was taken.
4. Any contrating party, which does not communicate its acceptance of such
decision within the tine specified, shall cease to be a member of the Committee
and a party to this Agreement, provided that it may be re-admitted with the
concurrence of all the contracting parties, which have accepted such decision,
upon such conditions as they may prescribe.
Interpretation and Settlement of Disputes
1. Texts of this Agreement in the official languages of the United Nations
shal be regarded as equally authritative.
2. Any dispute arising out of the interpretation or operation of this
Agreement; shall be referred to the Committee which shall deal with it
in such manner as it deems appropriate.
/ARTICLE XXV E/PC/T/C. 6/85
Page 35
T LE X ARICIX LV
=tr inao force-withd-awal end Termination
L. The original of this Agreement shallhbe dcepoasited with t'e Seretry-
GeNaral sf the United Iftion8, who will furnish certified copies thereof
tornll isterested gove;-mentB.
2.-Each government accepting this Agreenent trumenteposit ad insetrxrri
of acceptance with the Secretary-GeNationsf the wnited Vat~mir, who Vill
infor= ame interested governiaeposof ohe date of do;oeit cf each instrument
of acceptance end of the gate on which this AAreement enters into force
under paragraph 3.
3. This Agreemant shall enter into force on the thirtieth day following the
enty in which intrumcnts of acceptance have been derosited with the Seczetary-
GeNeral of tb- United F[aio]saon behalf mbe.]lI7 ihstated nuroer7 of tte
governments represented onmthe Preparatory Ccmnitone of the Internatic-al
Conference en Trade and Employmant.
4. Each government accepting this Agrseeent does so in reepact of its
metropolitan territory and of such other territories for which it has
international responsibility with the exception of those territories which
are self-governing in respecdt of matters provide for in this Agreement.
Each ashcepting government hall notify the Secretary-General of the United
Nations of its racceptance ofalfe Ageement on beelf- of any such sc-
gove=ing territory willing to undertake the obligations of the Agreement,
and upon the daute specifcediin sch notifioatgon the provisions of the
Agreemeppt s8all become a.licabJe to that territory.
5. Each contracting party shall take such reasonable measures as may be
available to it to assure observance of the provisions of this Agreement, by
subsidiary governments within its territory.
/6. Without E/PC/T/C.6/85
Page 36
6. Without prejudice to the provisions of Article IX, any contracting
party may withdraw from this agreement, either on its own behalf or on
behalf of one of its territories which is self-governing in the
respect mentioned in paragraph 4 of this Article, after the expiration of
three years from the day on which this Agreement enters into force, by,
written notification addressed to the Secretary-General of the United Nations,
The Secretary-General will immediately inform all other contracting parties.
The withdrawal shall take effect six months from the date of the receipt
of the notification by the Secretary-General.
ARTICLE XXVI
The Committee shall evolve procedures under which governments not
parties to this Agreement may accept it on terms to be agreed between
such governments and the Committee.
/DRAFT PROTOCOL Page 37
DRAFT PROTOCOL TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE
THE GOVERNMENTS OF Australia, Belgium, Brazil, Canada, Chile, China,
Cuba, Czechoslovakia, France, India, Lebanon, Luxembourg, Netherlands,
New Zealand, Norway, Union of South Africa, Union of Soviet Socialist
Republics, United Kingdom and United States
HAVING this day undertaken, in the General Agreement on Tariffs and
Trade, to biing into force among themselves measures for the liberalization
of world commerce provided for in Chapter V of the draft Charter fox an
International Trade Organization referred to in the Preamble to such
Agreement
RECOGNIZING the close relationship between such measures and the
fulfilment of the broad purposes and provisions of the said Charter as a whole
HAVE AGREED AS FOLLOWS:
1. They undertake to be guided in their international economic
relations by the following purposes, in accordance with Chapter I
of the Charter above-mentioned:
(a) To promote national and international action for the
expansion of the production, exchange and consumption of
goods, for, the achievement and maintenance in all countries
of high levels of productive employment, effective demand and
real income, for the, development of the economic resources of
the world, and for the reduction of tariffs and other trade
barriers and the elimination of all forms of discriminatory
treatment in international commerce, thus avoiding
excessive fluctuations in world trade and contributing to
a balanced and expanding world economy.
(b) To father the enjoyment by all countries, on equal terms,
of access to the market, products and productive facilities
which are needed for their economic prosperity and development.
(c) To encourage E/PC/T/C.6/85
Page 38
(c) To encourage and assist the industrial and general
economic development of the participating countries,
particularly of those still in the early stage of
industrial development. ;_;
(d) To facilitate, thlution of problemsnin the fi ield,
nternattionl trade, employmen . nd a'.-oconemic
lopment through consultation and collaboration.abo. ............H
(e ) To ena.lid recourse to avasures whce. t6 mesu. e3 .*ich
erdei.uptuvrlproductive employmentAve emra 3'-t or
retprd reconomicncreasing the opportunitiesp~ort tes
for thnd r trade ar eclopment one mutually:e rwata
adva basis.s- ta s.
(f) Toraollabocate witprthe ap;*opreate intornational
oioaxjiatIOnspur the -.tsuit of tpese purroses.
2. Pending theia cccept.nee of the draft Charter innaccorda'ce
vith nseir cozntitptionaIrFs ceduxee-and the entry into force
ohasuch Cterterlsohey ailo undertaservo obae've,mand to nake
effectiv to the-&fullest extent of their authority, all of
the rwitciples aniod provisns olloot ghehfwiers Claptss of
the d-ft Charter: :- :
yment, Demand and Ec Lea and:.Enonomic Activity
. p - Ezcozoic Develorment
- Gi^iesl Co-rcialPolIcy7
. - I'qestcti7e Business Practices
rnmenVI - Immoditr-gorangemen- al Codity Aras.
~~~~~~~~~~~~~~~~~~~~~~ - |
GATT Library | ss685yb2358 | Draft I.T.O. Charter : Report by Sub-Committee on Chapter IV | European Office of the United Nations Information Centre Geneva, August 13, 1947 | European Office of the United Nations Information Centre Geneva | 13/08/1947 | press releases | Press Release No.283 and PRESS RELEASE NO.36-354 | https://exhibits.stanford.edu/gatt/catalog/ss685yb2358 | ss685yb2358_90260225.xml | GATT_150 | 497 | 3,449 | EUROPEAN OFFICE OF THE UNITED NATIONS
Information Centre Press Release No.283
Geneva. 13 August 1947.
DRAFT I.T.O. CHARTER
REPORT BY SUB-COMMITTEE ON CHAPTER IV
_________________________-__________
Note: The texts summarized, in this release have not yet been
agreed in Commission, where changes may be made.
Article 9., Importance of Economic Development in
relation to the Purposes of this Charter.
liticle 10. Development of Dlmestic Resources &.Productivity.
Article 11. Co-operation for Economic Development.
Article 12. Means of Promoting Economic Development,
The texts of the above articles remain substantially the
same in intention as in the New York draft. of the Charter,
Article 12 A. International Investment for Economic Development.
This new article has been added to. emphasize the importance
of international capital investment as a means of promoting eco-
nomic development and consequent social progress and to provide
certain rules for the treatment of investments once they have
been mad., 'The general intentions for I.T.OVMembers to pro-
Vide within certain limitations the widest opportunities for
investment and the greatest security for existing and future
investments. Subject to certain restrictions' I.T.O. Members
undertake to impose directlyor indirectly no requirements on
the investments of nationals'bf other I.T.O. Members which are
appreciably more onerous than those which the I.T.O. Member
im oses wn similar circumstanHes upon'its oWn nationals or upon
nationals of third countries. This is, in effect, the theory
of most favoured nation treatment applied to international in-
vestment. In addition; I.T.O Members undertake to make "just"
(Pt.o.) Press Release No.283
Page 2.
compensation if an interest of a national of another Member
is taken over by the state or placed under state management
or occupation.
Article 13. Governmental Assistance to Economic Development
The main intention of Article 13 is to recognize that
special Government assistance may be needed to establish, de-
velop or reconstruct particular industries and that in appro-
priate circumstances the grant of such assistance in the form
of protective measures is justified, The Article has been re-
vised so as to indicate in detail how and when and under what
time limits,so as to expedite I.T.O. procedures, an I.T.C.
Member may apply for release from I.T.O. obligations in order
to impose protective measures of this kind.
Article 13A. Transitional Measures is a new Article which pro-
vides for the continuation, pending I.T.O. decision, for a li-
mited time by I.T.O. Members, of non-discriminatory protection
which was.established before the I.T.O, comes into existence.
Article 133. Preferential Arrangements for Economic Development
is a new Article which recognized that special circumstances may
justify new preferential arrangements between two or more countries,
in the interest of programmes of economic development or reconstruc-
tion in one or more such countries. The countries concerned would
have to apply to the I.T.O. to obtain permission for making such
arrangements. The Subcommittee considering this article did not
agree whether the I.T.O. decision to approve new preferential ar-
rangements under this Article should be by simple majority vote
or by two thirds of the Members voting. |
GATT Library | nn383ym9512 | Draft of Article 64 if weighted Voting is adopted : Suggested by the Delegation of the United Kingdom | 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/W.3/Add.1 and E/PC/T/C.6/W/1-25 | https://exhibits.stanford.edu/gatt/catalog/nn383ym9512 | nn383ym9512_90230201.xml | GATT_150 | 114 | 897 | United Nations
Nations Unies
ECONOMIC CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/C.6/W.3/
Add.1
SOCIAL COUNCIL ET SOCIAL 12 February 1947
ORIGMIAL: ENGLISH
DRAFTING COMMITTEE OF THE PREPARATORY COMMITEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
DRAFT OF ARTICLE 64 IF WEIGHTED VOTING IS ADOPTED
Suggested by the Delegation of the United Kingdom
Article 64
1. Each Member shall have in the Conference the number of votes allocated
to it in Annex ... to this Charter.
.2. Except as otherwise provided. in this Charter, decisions of the Conference
shall be taken by a majority of the votes cast.
Note: There would be similar consequential amendments to other voting
provisions in Charter VIII excluding Article 69. |
GATT Library | dv120vh5365 | Draft Report of the Drafting Committee of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, February 22, 1947 | United Nations. Economic and Social Council | 22/02/1947 | official documents | E/PC/T/C.6/97 and E/PC/T/C.6/93-97 | https://exhibits.stanford.edu/gatt/catalog/dv120vh5365 | dv120vh5365_90230172.xml | GATT_150 | 19,479 | 126,941 | United Nations Nations Unies
ECONOMIC CONSEIL E/PC/T/C-6/97
AND ECONOMIQUE 22 February 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
DRAFT REPORT OF THE
DRAFTING COMMITTEE OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
GENERAL COMMERCIAL POLICY
The Articles covered by this draft Report and the documents used in
establishing the Charter texts (given on left-hand pages) are indicated
below. It should be observed, however, that the texts embody certain
changes decided upon by the Legal Drafting Sub-Committee and not
recorded in documents distributed at the time the Report was drafted.
Articles Document
14 E/PC/T/C.6/W.72
15 - 23 E/PC/T/C.6/55/Rev.1
24, 25 E/PC/T/C.6/W.72
25: 2(f) E/PC/T/C .6/90
26 - 31 E/PC/T/C .6/W.81
27:2(b) - (d) - E/PC/T/C.6/55/Rev.1
31: 3 - E /PC/T/C.6/W.94
32 E/PC/T/C.6/W.86
34, 35 E/PC/T/C.6/W.65
37 E/PC/T/C.6/55/Rev.1
38 E/PC/T/C.6/W.66
The comments given opposite to the respective Charter texts specify
the changed iitroduced by the Drafting Committee in the Charter as
adopted at the First Session of the Preparatory Committee only if these
changes are of particular importance or when it was considered desirable
to indioate the reasons for the changes made.
7. Delegates are requested to supply in writing to the Secretariat,
by Monday morning, February 24, any observations they may wish to make
on this document. E/PC/T/C.6/97
Page 2
CHARTER
GENERAL COMMERCIAL POLICY
Section A. - General Commercial Provisions, Most-Favoured-
Nations Treatment, Tariffs and Tariff Preferences etc.
Article 14
General Most-Favoured-Nation Treatment
1. With respect to customs duties and charges of any kind.
imposed on or in connection with importation or exportation
or imposed on the international transfer of payments for
imports or exports, and with respect to the method of levying
such duties and Charges, and with respect to all rules and
formalities in connection with importation or exportation
and with respect to all matters in regard to which national
treatment is provided for in Article 15, any advantage
favour, privilege or immunity granted by any Member to any,
product originating in or destined, for any other country,
Shall be aecorded immediately and unsonditionally to the
like product originiating in or destined for all other Member
countries respectively. E/PC/T/C .6/97
Page 3
COMMENTARY
CHAPTER V
GENERAL COMMERCIAL POLICY
Section A
Article 14
General Most-Favoured Nation Treatment
General Comment
The delegate for Australia maintained his suggestion
made at the First Session of the Preparatory Committee that
Articles 14 and 24 "should be interpreted in such a way that,
so long as a preference remained accordable in one part of a
preferential system specified in pararaph 2 of Article 8,
that part of the preferential system according the
preferences should be at liberty to extend the same, or a
lesser measure of preference to any other part of the same
preferential system which at present did not enjoy it."
14 E/PC/T/C .6/97
Page 4
CHARTER
2. The provisions of paragraph (1) shall not be construed
to require the elimination of any preference in respect of
customs duties or other charges imposed on importation,
which do not exceed the preferences remainng in force after
the negotiations contemplated in Article 24 and which fall
within the following descriptions:
(a) Preferences in force exculsively
(i) between two or more territories which on
1 July 1939 were connected by common sovereignty
or relations of protection or suzerainty; or
(ii) between two or more of the territories listed
in Annexure A to this Charter.
Each Member to which provision (i) applies shall
provide a list of such territories which shall be
incorporated in an annexure to this Charter.
(b) Preferences in: force exclusively between the United
States of America and the Republic of Cuba.
(c) Preferences in force on 1 July 1946 exclusively between
neighbouring countries. E/PCT//C.6/97
Page 5
COMMENTARY
Specific Comments
14:2. 1. The provision limiting the use of preferences in the
cases specified in paragraph 2 was considered inequitable
by the delegate for China who wished to reserve the right
of his Goverment to resort to preferences in the future.
2. The delegate for Chile, while accepting in principle
paragraph 2, was not in full agreement with the provision
as drafted. He wished to reserve the right to raise the
question of providing for more liberal use of preferences
among Latin American countries, at the Second Session of
the Prepaatory Committee or at the World Trade
Conference. E/PC/T/C.6/97
Page 6
CHARTER
Article 15
Ntional Treatment on Internal Taxation and Regulation
1. The Members agree that neither intenal taxes nor other
Internal charges nor internal laws, regulations or requirements
should be used afford protection directly on indirectly
for any national product.
2. The products of any Member country imported into any
other Member country shall be exempt from internal taxes
and other internal charges of a kind higher than those
imposed, directly or indirectly, on like products of national
origin. E/PC/T/C.6/97
Page 7
COMMENTARY
Article 15
National Treatment on Internal Taxation and Regulation
15:3. , .
1:2 N The delegates for ormwiay and India wished to Tltain the
objections against this paragraph raised by them at the First
Syession of the Preparator Comittee. (The delegate for India
had commented that there should be no objection against
dixscriminatory internal taes levied only .for the purpose of
sng revenue; aoxw4 h delegate for Neray ad reserved his
ceountrys right to vay charges levied on an imported product
hen the variations were required for, thae maintenance of e
uniform priice of the sproduct n the dometic market). E/PC/T/C.6/97
Page 8
3. The prduots of any Member country imported into any
other Member country shall be accorded treatment no less
favrourable than that accorded to like products of national
origin in respect of all laws, regulations or requirements
affecting their internal sale, offering for sale,
transportation, distribution or use of any kind whatsoever.
The provisions of this paragraph shall be understood to
preclude the application of internal requirements restricting
the amount or proportion of an imported product permitted
to.be mixed, processed or used, Provided that any such
requirement in force on the day of the signature of this
Charter may be continued until the expiration of one year
from the day on which this Charter enters into force, which
period may be extended in respect of any product if the
Organization concurs that the requirement concerned is less
restrictive of international trade than other measures
permissible under this Charter. Requirements permitted to
be maintained under the foregoing proviso shall be subject
to negotiator in the manner provided for in respect of
tariffs under Article 24. E/PC/T/C.6/97
Page 9
COMMENTARY
15:3 1. The delegates for Brezil, the Netherlands and the Union
of South Africa maintained the reservations their delegations
had made at the First Session as to the requirements on mixing,
processing, etc. considered in this paragraph. The delegate
for Cuba joined in this reservation.
2. The delegate for Czechoslovakia suggested that the following
second proviso be added at the end of the penultimate sentence
of this paragraph: "or provided that reasonable new
requirements may be established in respect of any product if
the Organization concurs that the requirement is less restrictive
of international trade then other measures permissible under
this Charter."
3. The same delegate reserved his position on the last
sentence of this paragraph. E/PC/T/C. 6/97
Page 10
CHARTER
4. The provisions on paragraphs 1 and 3 of this Article
shall not be construed to prevert the application of internal
laws, reguIations or requirements, other than taxes, relaties
to the distribution or exhibition of oinematograph films.
Any lews, regulations or requirements so applied shall,
however, be subject to negotiation for their liberalization
or elimimation in the manner provided for in respect of
tarifia and preferences under Article 24. E/PC/T/C .6/97
Page 11
COMMENTARY
1. The second sentence of this paragraph provides that laws,
regulations and requirements relating to the distribution
and exhibition of such films will be subject to negotiation
in the same manner as those considered under paragraph3. It
was the understanding of the Committee that the provisions
contained in this sentence would only imply that there should
be willingness to negotiate for liberalization or elimination
of the laws, regulations end requirements in question but that
there would not have to be a standstill in the adoption of
legislative or other measures affecting the distributions or
exhibition of cinematograph films aa long as these measures
were not bound by the trade agreements.
2. The delegate for Czechoslovakia reserved his position for
the time being on the second sentence of this paragraph.
3. The delegate for New Zealand made a statement to the
effect that the New Zealand film hire tax which is in reality
a delayed customs duty levied at the point where the real value
has become apparent, should neither be regarded as being covered
by the terms "internal laws" or "regulations" or 'requirements"
whenever such words appear in Article 15, nor as an internal
tax. The film hire tax, he pointed out, which is not
associated with any form of film quota, but which contains a
preference element, could thus be the subject of negotiations
of the kind provided for in Article 24 with respect to tariffs.
New Zealand, he declared, did not produce cinematographic films
other than educational and nevreels, and
such films were exempt from tax. British films of all types
were subject to tax at a rate lower than that applied to
foreign films. E/PC/T/C .6/97
Pae 12
CHARTER
5. The provisions of this Article shall not apply to the
procurment by governmental agencies of supplies for
govermental use and not for resale [or for use in the
production of goods for sale].
Article 16
Freedom of T.m E/PC/T/C.6/97
Page 13
COMMENTARY
15:5 The words in square brackets at the end of this
paragraph were for added for later consideration in connection
with a similar addition to paragraph 2 of Article 31.
Comment refering to the whole of Article 15
1. The delegate for Brazil maintained his suggestion at the
First Sossion that a new pargraph should be added, providing
for date of entry into force of this Article or for period of
notice before it besomes effective.
2. The delegate for Cuba reserved his position on Article 15
concerning measures neccesary for the protection of infant
industries in countries at an early stage of economic
development.
Article 16
Freedom of Transit
16 General Comment
1. The original text of this Article referred in general to
persons, goods and means of transport. The text recommended
by the Drafting Committee refers to goods and means of
transport only, since the transit of persons was considered
not to be within the scope of the Charter and since traffic
of persons is subject to immigration laws and my properly be
the concern of an international agency other than the Trade
Organization.
2. The delegate for India objected to the deletion of the
word "persons".
3. The delegate for Chile declared that he would prefer that
the provisions of Article 16 be confined to goods only (that
is, to exclude means of transport). E/PC/T/C.6/97
Page 14
CHARTER
1. Goods (including baggage) and also vessels and other
means of transport shall be deemed to be in transit across
the territory, of a Member when the passage across such
territory, with or without trans-shipment, warehousing,
~~~~~~ . 4
breaking bulk, or change in the moe of transport, is only"
a aportion of a complete jcney,,bgiing endterminating
beyond the frontier of the Member across whose territory the
traffic passes. Traffic of this nature is termed in this
Article. 'raffic in transit"..The provisions of this
Artice.hall not apply to the operation of aircraft in
transit.
. .
2. There shall be freedom of transit through the Member
countries via the routes most convenient for international
transit for traffic in transit to or from other Member
countries. No distirtic=sbe made which is based on
the nationality of personas, the flag of vessels, the place
of origin, departure, entry, exit or destination, or on a
circumstances relati to the ownership of goods, or vessels
or other means of transport.
;ic ... _, ,, .: ' ....!
. .. - E/PC/T/C .6/97
Page 15
COMENTARY
Specific Comments
16;1 1. The delegates for Australia and Belgium were of the
opinion that no exemption should be made for the operation of
aircraft in transit and accordingly suggested deletion of the
lest sentence.
2. It was noted that there is no apparent inconsistency
between this Article and the Barcelona Convention of
20 April 1921 (Convention and Statute on Freedom of Transit).
Should the question of a new transit convention be raised, the
Committee felt that the International Trade Organization
might wish to co-operate.
3. Attention was also paid to the existence of other treaties
and conventions to which members of the Preparatory Committee
are parties, that relate to matters covered by the Charter. It
was felt that the Members would have to consider, before
signing the Charter, if and to what extent their obligations
under such treaties or conventions were in conflict with the new
obligations which they would have to assume.
16:2 1. The last sentence (in.both the alternatives) is based on
the text of Article 2 of the Barcelona Statute (annexed to the
Barcelona Convention of 20 April 1921).
2. The delegate for India suggested that the first sentence
. .; ::Bsauld reeid as:low -: '
ha here-b^ be freedomans of -t~± through Member countries
p u ,>.--ih .... .'r- copforth3?rodtcts of otber -Memb e =uantries via such
: .-. t -asmiky e: pon to' riffic in-products of like kind
and quality of natiofialn."
~~~~~. - . ' , E/PC/T/C.6/97
Page 16
3. Any Member may require that traffie in transit through
its territory be entered at the proper customhouse, but,
except in cases of failure to comply with applicable
customs laws and regulations, such traffic coming from or
going to other Member countries shall not be subject to any
unnecessary delays or restriotions and shall be exempt from
customs duties and from all transit duties or other charges
imposed in respect of transit, except charges for
transportation or those commensurate with administrative
expenses entailed by transit or with the cost of services
rendered.
4. All charges and regulations imposed by Members on traffic
to or from other Member countries shall be reasonable, having
regard to the conditions of the traffic.
5. With respect to all charges, rules, and formalities
in connection with transit, each Member shall accord to
traffic in transit to or from any other Member country
treatment no less favourable than the treatment accorded
to traffic in transit to or from any third country.
6. Each Member shalI accord to products which have been in
transit through any other Member country treatment no less
favourabls than that which would have been accorded to such
products had they been transported from their place of origin
to their destination without going through such other Member
country. Any Member shall, however, be free to maintain
its requirements of direct consigment (expedition directe)
existing on the day, of the signature of this Charter, in
respect of any goods in regard, to which such direct
consignment is a requisite condition of eligibility for entry,
of the goods at preferential rates of duty, or has relation
to the country's prescribed method of valuation for duty
purposes. ES/PC/T/C. 6/97
Page 17
COMMENTARY
16:4
16:5
16:6 E/PC/T/C.6/97
Page 18
Article 17
Anticle-Dumping and Countervailing Duties
1. No anti-dumping duty or charge shall be imposed on any
product of any Member country imported into any other Member
country in excess of an amount equal to the margin of dumping
under which such product is being imported. For the purposes
of this Article, the margin of dumping shall be understood to
mean the amount by which the price of the product exported from
one country to another is less than (a) the comparable for the
like product to buyers in the domestic market of the exporting
country, or. in the absence of such domestic price, either
(b) the highest comparable price at which the like. product is
sold for export to any third country in the ordinary course of
commerce, or (c) the cost of production of the product in the
country of origin plus a reasonable addition for selling cost
and profit; with due allowance in each case for differences in
conditions and terms of sale, for differences in taxation, and
for other differences affecting price comparability. E/PC/T/C.6/97
Page 19
COMMENTARY
Article 17
Anti-Dumping and Countervailing Duties
17.l 1. It was understood that paragraph 1 refers only to
price auping and that the term "anti-dumping duty", as used
therein, refers only to an additional duty imposed for the
purpose of offsetting such dumping.
2. The delegate tor the United Kingdom suggested that the
word "landed" be inserted before "price of the product
exported" in the definition of the margin of dumping (second
sentence).
3. The delegate for Australia, Czechoslovakia, the Netherlands
and the Union of southh Africa suggested that the words "by more
than five per cent" be inserted in the same definition after
"another is less".
4. The delegates for certain countries (Belgium, Luxembourg,
Czechoslovakia, France, New Zealand and the Netherlands)
favored the autorization of measures other than anti-dumping
duties to offset price-dumping.
5. The delegate for Brazil reserved his position on this
paragraph, being of the opinion that heavier than
counter-balacing duties or quantitive restrictions should be
allowed in cases of aggravated or sporadic dumping.
i -
. ? I . I
. E/PC/T/C . 6/97
Page 20
CHARTER
2. No countervailing duty shall be imposed on any product
of any Member country imported into another Member country
in excess of an amout equal to the estimated bounty or
subsidy determined to have been granted, directly or
indirectly, on the production or export of such product in
the country of origin or exportation. The term `countervailing
duty' shall be understood to mean an additional duty imposed
for the purpose of off-setting any bounty or subsidy bestowed,
directly or indirectly, upon the manufacture, production or
exportation of any merchandise.
3. No product of any Member country imported into any other
Member country shall be subject to anti-dumping or
countervailing duty be reason of the exemption of such
product from duties or taxes imposed in the country of origin
or exportation upon the like product when consumed demestically,
or by reason of the refund of such duties or taxes.
4. No product of any Member country imported into any other
Member country shall be subject to both anti-dumping and
countervailing duties to compensate for the same situation of
dumping or export subsidization.
5. No Member shall impose any anti-dumping or countervailing
duty or charge on the importation of any product of other
Member countries unless it determines that the effect of the
dumping or subsidization, as the case may be, is such as
materially to injure or threaten to injure an established
domestic industry, or is such as to prevent the establishment
of a domestic industry. E/PC/T/C/6/97
Page 21
COMMENTARY
17:2 1. The delegate for China suggested the following addition
to this paragraph:
"In the event of preferential treatment being accorded
by a country to certain countries to the exclusion of
other Member countries, no countervailing duty shall be
impbosed upon the products imported from such other Member
countries against subsidies which are granted by the latter
to such products as compensation for covering the
preferential mergin."
2. The delegate for Brazil suggested that quantitative
restrictions or other punitive measures should be permissible
in order to cope with the import of subsidized products.
17:3
17: 4 -
17:5 The delegate for Brazil suggested the deletion of this
pararaphs
I7. E/PC/T/C.6/97
Page 22
6. Nothing in this Article shall preclude Members to a
regulatoy commodity agreement conforming to the principles
of Chapter VII from incorporating in such agreement provisions
prohibiting, as between themselves, the use of anti-dumping
duties in cases in which dumping, within the meaning of
paragraph 1 of this Article, may be permitted under the terms
of such an agreement. E/PC/T/C.6/91
Page 23
COMMENTARY
17:6 _
Suggeswteard ne pagraph under Article 17
Thea delegte for Australia, supported by those for
Newnd Zeala and the Unon of South Africa, suggested
inclusion In Article 17 of the following paragraph:
7. "Ay, Member maintaining restrictions on forms of
dumping other than 'price dumping', e.g., fredight umping
or ndumpimegn by as of depreciation of currency, shall
only impose such dumping duties where sit ha determined
after enquiry that the method and extendt of umping against
which action is taken is such as to injure or threaten to
injure an established domestic industry."
While not adopting the proposed text, the Committee decided
to forward it for consideration at the Second Session of the
Preparatory Committee. Page 24
Article 18
Tariff Valuation
1. Members undertake to work toward the standardization,
insofar as practicable, of definitions of value and, of
procedures for determining the value of products subject to
customs duties or other charges or restrictions based upon or
regulated in any manner by value. With a view to furthering
such co-operation, the Organization is authorized to investigate
and recommend to Members such bases and methods for
determining the value of products as would appear best suited.
to the needs of commerce and most capable of general adoption.
2. The Members recognize the validity of the general principle
of tariff valuation set forth in the following sub-paragraphs,
and they undertake to give effect to such principles, in
respect of all products subject to duties, charges or
restrictions based upon or regulated in any manner by value,
at the earliest practicable date. Moreover, they undertake,
upon a request by another Memeber, to review the operation of any
of their laws or regulations relating to value for duty purposes
in the light of these principles. The Organization is
authorized to request from Members reports on steps taken by
them in pursuance of the provisions of this paragraph. E/PC/T/C.6/97
Page. 25
COMMENTARY
..... .ricle 18.
Triff Valution.
18:1 _ _ _ _ _
18:2 1. The delegates for certain countries (Belgium, Luxembourg,
Czechoslovaki.nd. he Netherlands) wished to provide for a
definite early date for the entry into force of the provisions
of paragraph 2. The delegate for China suggested that the entry
into force should be preceded by a transitional period.
2. The delegate for the Netherlends suggested that the
procedures should be more exactly indicated. The Committes
considered, however, that dthese suggestions were too detaile
for nclusion in this paragraph. One of these suggestions
(concerning the trial of value litigation) was considered in
conn.ection with Article 21 paragraph2 E/PC/T/C. 6/97
Page 26
CHARTER
(Paragraph 18:2(a) has not yet been dealt with by the
Committee. See Note by Secretariat opposite)
~~ .
. .
I . . ; .1
i 11.
2.
- I
. . . -f E/PC/T/C. 6/97
Page 27
Note by Secretariat on Article 18:2(a):
Since paragraph 2(a) has not been finally dealt with by
the Technical Sub-Committee, the following alternative texts
are supplied for consideration by the Drafting Committee.
Alternative A represents the text in the United States Draft
Charter; Alternatives, B and C have been supplied by certain
delegations which have reconsidered the text set forth in
document E/PC/T/C.6/W.76 and in addendum giving two Canadian
versions circulated as a "white paper".
Alternative A
The value for duty purposes of imported products should
be based on the actual value of the kind of imported merchandis
on which duty is assessed, or the nearest ascertainable
equivalent of such value, and should not be based or the value
of products of national origin or on arbitrary or fictitous
valuations.
Alternative B
The value for duty of imported products should be based
on their actual value as represented by the price at which, at
a legally determined time and place, and in the ordinary course
of trade between independent buyer and seller, like goods are
sold or offered for sale in quantities and under conditions
comparable to those under which the imported goods are sold or
offered for sale, or the nearest ascertainable equivalent of
such value. The value should not be based on the value of
products of national origin or on arbitrary or fictitious
valuations.
Alternative C
Where an actual price of imported products is not accepted
as the basis for determing their value for duty purposes, the
their assessed value should not be based on the value of
products of national origin or on arbitrary or spurious
valuations, but should satisfy clearly defined and stable
conditions which confirm with commercial usage. E/PC/T/C. 6/97
Page 28
CHARTER
(b) The value for duty purposes of any imported product should
not include the amount of any [customs duty or] internal tax,
applicable within the country of origin or export from which
the imported product has been relieved by means of refund
or made exempt.
(c) In converting the value of any imported product from one
currency to another for the purpose of assessing duty, the rate
of exchange to be used should be fixed ini accordance with
prescribed standards to reflect effectively the current value
of each currency in commercial transactions.
(d) The bases and methods for determing the value of products
subject to duties charges or restrictions based upon or regulated
by a value shoud be stable and should be given sufficient
publicity to enable traders to estimate, with a reasonable
degree of certainty, the amount of duty likely to be imposed.
... e~t :: .
" . .'. .7' .1 '.
:??. .. .
I 1. I .. :!:.". -1 - ' ... , I
. COMMEN E/PC/T/C.6/97
Page 29
COMMENTARY
18:2 (b) 1. The Committee decided to leave for later decision the
question of including in this paragraph the words "customs
duty or" enclosed in square brackets in the opposite text.
2. The delegate for China reserved his position on this
sub-paragraph.
18:2 (c) 1 The delegate for the United States reserved the right to
recommend insertion of the words "or rates" after "rate", or
otherwise to provide for the conversion of currencies in
the cases of dual or multiple rates.
2. The delegate for China reserved his position on this
paragraph.
18:2. (d) E/PC/T/C .6/97
Page 30
CRARTER
Article 19
Customs Formalities
I. The Members recognize the principle that subsidiary fees
and. charges imposed on or in connection with importation or
exportation should be limited in amount to the approximate cost
of services rendered and should not represent an indirect
protection to domestic products or a taxation of imports or
exports for fiscal purposes. They also recognize the need for
reducing the number and diversity of such subsidiary fees
and. charges, for minimizing the incidence and complexity of
impot and export formalities, and for decreasing and
simplifying import and export documentation requirements.
2. Members undertake to give effect to the principles and
objectives of paragraph 1 of this Article at the earliest
practicable date. Moreover, they undertake, upon request by
another Member,to review the operation of any of their
customs laws and regulations in the light of these principles.
The Organization is authorized to request from Members reports
on steps taken by them In pursuance of the provisions of this
paragraph.
3. Except in cases of serious negligence, greater than nominal
penalties over and above the duty properly payable should not
be imposed by any Member in connection with the importation of
any product of any other Member country because of errors in
documentation which are obviously clerical in origin or with
regard to which good with can be established. E/PC/T/C .6/97
Page 31
COMMENTARY
Article 19
Customs Formalities
19:1
19:2
19:3 Page. 32
4 The provisions of this Article shall extend to fees,
charges, formalities and requirements relating to all customs
matters, including: - .
(a) Coansactionsnsular tr, such. as conoicessular inv
and certificates;
(b) Quantitative restrictions;
(c) Licemsing;
(de)Exchangoonregula.ic;
(e) Statisticael servics;
(f) Documeumnts, docentation and certification;
(g) Analysis and. inspenmdactionm
(h) Qeuasrantin, anitation and fumigation.
Article 20
Marks of Origin
1. The Members agree that in adopting and implementing laws
lando rgzaicn relatimng to naks of origin, the difficulties
and inconveniences which such measures may cause to the
cn=a rend ndustry of exporting countries should be reduced
to mia mnium.
2 Each Member shall accord to the products of each other
Member country treatment with regard to marking requirements
no less favourable than the treatment accorded to like products
0f nay htird country.
3. Whenever amidnistratively practicable, Members should
permit required marks of origin to be Impsoed at the time of
importation. E/PC/T/C .6/97
Page 33
COMMENTARY
Article 20
Marks of Origin
At the London Session, certain delegates had objected to
the text of the corresponding paragraph in the United States
Draft Charter which started.: 'Whenever administratively possibl
Members shall ..." The present text in which the words
"practicable" and "should" are substituted for "possible" and
"shall," represents a compromise acceptable to the majority of
members of the .. -Committee. The delegates for Canada,
Czechoslovakia and the United States stated that they would
have preferred to leave In the word. "shall."
The delegate for the United Kingdom reserved his position
on this paragraph which in his view should. be deleted.
20:1
20:2
20:3 E/PC/T/C.6/97
Page 34
CHARTER
4. The laws and regulations of the Members relating to the
marking of imported products shall be such as to permit
compliance without seriously damaging the products, or
materially reducing their value, or unreasonably increasing
their cost.
5. Members agree to work in co-operation through the
Organization toward the early elimination of unnecessary
marking-of -origin requirements. The Organization is
authorized to investigate and recommend to Members measures
directed to this end, including the adoption of schedules of
general categories of products which shall not in any case be
required to be marked to indicate their origin. With a view to
furthering this work, the Organization is authorized to
investigate and recommend to Members description of categories
of products in respect of which marking requirements operate to
restrict trade in a degree disproportionate to any proper
purpose to be served.
6. As a general rule, no special duty or penalty should be
imposed by any Member for failure to comply with marking
requirements prior to importation unless corrective marking
has been unreasonably delayed or deceptive marks have been
affixed or the required marking has been intentionally omitted. E/PC/T/C. 6/97
Page 35
COMMETARY
* ......
20? ________
20:5
3.. ordaear to meet obJection egeinst h original text
raise by-certain delegates, the obligation that would
be incured by W'brs was rendered less exacting by addition of
te walords "As a generrrule" at the beAginning of the -ticle,
and by substituting the words "deceptive marks have been affixed
for "false marks have been intentionally affixed"
2. The qesion raised by certain delegates concerning the
rIght of each country to prohibit the import, export and transit
of forei goods falassely marked sieing produced in the country
wi=estion vasconsideered to ba cvered primarilwy by the vors
"dspive practices", in Article 37, sub-paraggraph (9)
3. The deloegate fr the United Kingdom reserved his position
o this paragraph. E/PC/T/C .6/97
Page 36
CHARTER
7. The interest of Members in protecting the regional and
geographical marks of origin of their distinctive products
is recognized and shall be given consideration by the
Organization which is authorized to recommend a conference
of interested Members on the subject. E/PC/T/C.6/97
Page 37
20:7 1. The delegates for certain countries (Belgium, Luxemburg,
Czechoslovakia, France and the Netherlands), while accepting
paragraph 7 as given above, did not consider it going far
enough and were 15 favour of replacing it by the following
text:
"Members agree to grant to trade names and marks of origin
and quality that are recognized and protected by other
Members, the same protection as is afforded by their
domestic legislation to their own marks and trade names
or origin and quality, provided that these marks and trade
~~P . hysa, fo this ...
name3relate to like products. hy sa, for this
purposea, etransmit to the Organization a list of such mrk
and trade .ea-i aeprotected by their domestic
legislation ed.for which they wish to secure protection
in importing countries.
nyThy nundencertake further to take part in W coferlo
called bny the Orgnization to secure effective iternationa:
protection for mrkzof o-rii!
The delegate for rans poin te. ot It -
ere adopted, the nature of the national I v
suoprotectioonb is given, would not have tz e ot..-7 eA.
fact, if a coutry had no law protecting its
U3Bv amk, it wbanyuld lo hare t grnt=3; : aric;-o to
tem trade namc zd.ersof impos./rted. producta-
2. The dele3te for Chile reserv on parepmad his positiogrph 7
ino he earidethat frther time was refoquitudyingred tzr s'4i
tihe matter whch ought to be talken up at a ater date. E/PC/T/C.6/97
Page. 38
Article 21
Publiacation and Admnistration of Trade Regulatons
Advance Notice of Restrictive, Regulations .
1. Laws, regulations, judidial decisions and administrative
rulings of general application made effective by any Member,
pertaining to the classification or the valuation of products
for customs purposes, or to rates of duty, taxes or other
Charges, or to requirements, restrictions or prohibitions on
imports or exports or on the transfer of payments therefor, or
affecting their sale, or distribution, transportation or
insurance , or affecting their warehousing, inspection,
exhibition, proessing, mixing or other use, shall be published
promptly in such a manner as to anable traders and Governments
to become acquainted with them. Agreements in force between the
government or a governmental agency of any Member country and
the government or governmental agency of any other country
affecting international trade policy shall also be published.
Copies of such laws, regulations, decisions, rulings and
agreements shall be communicated promptly to the Organization.
This paragraph shall not require any Member to disclose
confidential information which would impede law enforcement, or
otherwise be contrary to the public interest "or would
prejudice the legitimate business interests of particular
enterprises, public or private."
2. Each Member shall administer in a uniform, impartial and
reasonable manner all its laws, regulations, decisions and
rulings of the kind described in paragraph 1 of this Article.
Moreover, Members undertake to maintain, or to institute as soon
.. .. . . .
as practicable, judicial, arbitral or administrative tribunals
or procedures for the purpose inter alia, of the prompt review
ad eorection of administrative action relating to customs
matters. Such tri-bunals or procedures shall be independent of
of the agencies entrusted with administrative enforcement. Page 39
COMMENTARY
Article 21
Publication and Administration of Trade Regulations
Advance Notice of Restrictive Regulations
21:1 The Committee felt that it might be useful if the
Preparatory Committee were to suggest the absorption by the
Organization of certain existing international agencies such
as the Brussels Tariff Bureau, and arrangements for collecting,
analyzing and publishing laws, regulations and decisions
concerning foreign trade and for the periodical collection,
in detailed studies, of information concerning the comparative
regulations of Member States on any given point. Attention
was drawn in this connection to the provision of paragraph 4
of Article 81 of the Draft Charter.
21:2 1. It is understood that the "judicial, arbitral or
administrative tribunals" referred to in this paragraph
need not be especially established to deal exclusively with
customs matters.
2. A reservation was made on this paragraph by the delegates
for New Zealand and the Union of South Africa who were of the
opinion that appeals against administrative decisions might
be made to the competent Minister and that it should be
necessary to provide for independent tribunals or procedure. E/PC/T/C .6/97
Page 40
CHARTER -.'*-
3.* admratineirulingstnf ig otbay.Mmer effecting an
veann abc~ u of.te-qrm duty pomtdt t hher-cage under an
established, annid um for practice, or imposing a new or more
bursdenome requirement, restriction or prohibition on imports.,
on the transfer o f`ym.ent~these^bfr, shall, as. general
rule and within thel mits fo administrative practicability,
be applied to productsof anyother Mmb,er countries already
enroute at hte imet of publiatcion thereof in accordance
with paragraph 1 of this Articl,e Provided, that if any
Member customarily exempts from such new or increased obligatoni
producst entered for consumption or withdrawn from warehouse
forconsu mption during a period of thirty days after the date
of such publication, such practice shall be considered full
compliance wiht this paragraph. The provisions of this
paragraph shall not appyl t oanti-dumping or contervailing
udties.
Article 22
Informatoin, Sattistics ancl Trade eTrminolgoy
1. . Members undertake to cmmuniocate to the Organization .
as promptly and in as much detail as is reasonably practicable:
(a) Statistics of their external trade in goods
including, imports, exports, re-e,xports
transit and trans-shipment hwand,iere applicable, goods
in warehouse or in bond);
(b) Statistics of governmentannl revee from import and
ad expuorest dai- and.other taxes on goods moving in
international trade and, in so far as. ryeadil
ascertainaoble, f subsidye paymnts affecting such trade.
So far as possible, the statistics referred to in
(a) and h(b) sall be related to tariff classifications COMMENTARY
21:3 The delegates for Brazil, Czechoslovakia, France, Norway,
the Union of South Africa and the United Kingdom reserved
their position provisionally on this paragraph.
-Article 22
The delegate for Canada, supported by the delegate for
the Netherlnds , with a view, to the possible centralization
of the statistical services of the United Nations, suggested
that the following words be added after "Organization" in
the first sentence: "or to such agency as may be designated
for the purpose by the Organization."
~~. . .
.. E/PC/T/C.6/97
Page 42
~~~~CHARTER
and be in such form as to reveal the operation of any
restrictions on importation or exportation which are based.
on or regulated in any manner by quantityy or value, or ~
amounts of exchange made available.
2. Members agree to publish regularly and as promptly as
possible the statistiics referred to n hisparagraph 1 of t
Article.
3. Members undertake to give careful consideration to any
rec~aeatioas hich the Organization may make to them with
a vieuto improvement offthe statistical information furnished
under paragraph r1 of this Aticle.
4. Members agree to make available to the Organization at its
request and in so far as reasonably practicable, such other
statisticaonl informati as theon Organizati may deem necessary
to enable it to fulfill its functions, provided that such
iniformaio s nfot being Iunished. o other inter-govexnental
oonprganizwatsh from hic the Ornmganizati can obtain the
requimredon.pm infora
-;Th'or-anniat~io shall a ct as'a cntre for the collection,
exhaange ed.pcubloidtic of -ta~istical information of the
kind referred to in parag raph1 of this Article. The
Organization may, in collaboration with EEteohconmic and
Social Council of the UniNations ted and iomts Cmonpmiss,
and with any other interested international organization,
engage in studies with a view to bringing abouprot imvements
in the methods ofl colecting, analyzing and publishing
economic statistics and may promote the international
comparability of such statistics, including the possible
international adonopti of standard tariff andm, coodity
clafssifications. Page 43
COMMENTARY
22:2
22:3
22:4
22:5 6. The Organization may also, in co-operation with the other
organizations referred to in paragraph 5 of this Article,
study the question of adopting standards, nomenlclatures, terms
and forms to be used in international trade and in the official
documents and statistics of Members relevant thereto, and may
promote the general acceptance by Members of such standards,
nomenclatures, term and forms as my be recommended.
Article 23
Boycotts
No Member shall encourage, support or participate in
boycotts or other campaigns which are designed to discourage,
directly or indirectly, the consumption within its territory of
products of any specific Member country or countries on grounds
of origin, or the sale of products for consumption within other
Member countries on grounds of destination.
Page 44 Page 45
COMMENTARY
22:6 This paragraph corresponds generally to paragraph 7 in
Article 16 of the United States Draft Charter. It will be
observed, however, that unlike the last-mentioned paragraph,
the text now recommended does not refer to the adoption of
standards, nomenclature, terms and forms or to a procedure
according to which adopted standards, etc, would become
autoatically effective upon notice given by the Organization.
In view of this fact paragraph 8 of Article 66, as adopted
at the First Session., containing rules for the adoption by the
Conference of standards, etc. was deleted. It was noted
that the procedure laid down in paragraph 5 of Article 66 of
the Draft Charter, as revised at the same Session, might be
employed to assist in promoting international agreements for
this purpose.
Article 23
23. Boycotts
1. The words "any specific Member country or countries" were
substituted for the expression "other Member countries" where
this first appears in the original text of this Article since it
was considered that the ban on boycotts should not apply to
campaigns in support of the use or cmsumption of products of
national origin or manufacture and not directed against the
products of any specific county.
2. The delegate for India reserved his position on this
Article (Of. General Commente under Article 37).
3. The delegate for Lebanon reiterated his view that boycotts
may be justified on political or moral grounds. E/PC/T/C.6/97
Page 46
SECTION B. TARIFF AND TARIFF PREFERENCES
Article 24
Reduction of Tariifs and Elinmination of Preferences
1. . Each Member, other than a Member.subject to the provisions
of Article,33, shall, upon the request of any other Member or
Members, enter into reciprocal and mutually advantageous
negotiations with such other Member or Members directed to
the substantial reduction of tariffs and other charges an
imports and exports and to the elimination of import tariff
preferences. These negotiations shall proceed in accordance
with the following rules: -
(a) Prior national inmmitments tercoshall not be permitted
to stand in the way gof neootiatins with respect to
tariff preferences, it being understood that action
resulting from such negotiations shall not require the
modifonpicat or terminaotion f existing international
obligations excyept b agreement between the contracting
parties, or failing tha t, bytermination of such
obligations in accordance wieth thir terms.
(l b) Alnegotiated reductions in most-favouredon-nati
import tsariff shallI operatoe autmatically to reduce or
elimnmarate iins reooreffprnce, and no margin of preferences
shall be increased.
(c) The bnindig or consolidation oof lw tariffs or of
tariff-free trenteatm shall in principle be recognized
as a concession equivalent in value to the substantial
reduction of high tariffs or the elimination of tariff
preferences. Page 47
COMMENTARY
Article 24
Retitonz of Tariffs and Elimination of Preferences
24:1b 1. The delegates for Australia, New Zealand and the Union of
South Africa announced that they maintained their views
expressed at the First Session concerning Paragraph 1(b) -
namely, that the rule contained in this paragraph should not
operate aptomatically, but that members should be free to
negotiate for a reduction in the preferential rate as well as in
the most-favoured-nation rate, provided that the margin between
the two negotiated rates is smaller than that existing on a
(prior) date to be agreed upon (see Report of the First Session,
page 10, (c), (i)). The delegate for India now concurred in
this view. E/PC/T/C.6/97
Page 48
2. Each Member participating in negotiations pursuant
to paragraph 1 shall keep the Organization informed of the
progress thereof and shall transmit to the Organizaticn a copy
of the agreement or agreements incorporating the results of
such negotiations. - E/PC/T/C . 6/97
Page 49
COMMENTARY
2. The delegate for India reserved his position regarding
sub-paragraph (b) of paragraph 1 and suggested, the following
alternative text:
"Margins of prefererence on any product shall in no
case be increased and no new preferences shall be
introduced." The delegates for Australia and New Zealand
supported this text. Page 50
CHARTER
3 If any Member considers that any other Member has failed,
within a reasonable period of time, to fulfil its obligations
under paragraph 1, such Member may refer the matter to the
Organization, which shall make an investigation and make
appropriate recommendations to the Members concerned. The
Organization, if it finds that a Member has, without sufficient
justification, having regard to the provisions of the Charter
as a whole, failed to negotiate with such complaining Member
in accordance with the requirements of paragraph 1, may
determine that the complaining Member, or in exceptional
cases the Members of the Organization generally, shall,
notwithstanding the provisions of Article 14, be entitled to
withhold from the trade of the other Member any of the tariff
benefits which the complaining Member, or the Members of the
Organization generally as the case may be, may have negotiated
pursuant to paragraph 1. 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 than 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. The provision of this paragraph shall
operate in accordance with the provisions of Article 67. E/PC/T/C. 6/97
Page 51
COMMENTARY
24:3 1. The delegates for Brazil and Chile reserved their positions
regarding paragraph 3 and suggested insertion of the words
"and particularly with regard to Members' legitimate need for
protection" after the phrase "having regard to the provisions of
the Charter as a whole".
2. The delegate for Chile requested that the Committee should
consider defining the expression "without sufficient
Justification" in the same sentence. It was agreed that
it would be difficult to make a general definition of this term
the interpretation of which would have to be decided by the
Organization on the merits of each case.
Suggested new paragraph
The delegate for the United Kingdom proposed that the
following new paragraph be added to Article 24:
"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 method of valuation
or its tariff classification shall enter into such further
negotiations as requested."
The Committee does not suggest insertion of such a paragraph
in the text of the Charter. The questions raised have, however,
been dealt with in Article VIII (footnote and paragraph 2) of the
Draft General Agreement on Tariffs and Trade prepared by the
Drafting Committee. E/PC/T/C . 6/97
Page 52
Section C: Quantitative Restrictions and Exchange Control
Article 25
General Elimination of Quantitative Restrictions.
1. Except as otherwise provided in this Charter, no
prohibitions or restrictions other than duties, taxes or
other charges, whether made effective through quotas, import
licenses or other measures, shall be instituted or
maintained by any Member on the importation of any product
of a other Member country or on the exportation or scale
for export of any product destined for any other Member
country.
2. The provisions of paragraph 1 shall not extend to the
folIowing:
(a) Prohibitions or restrictions on imports or exports
instituted or maintained during the early post-war
transitional period, which are essential to:
(i) the equitable distribution among the several
consuming countries of products in short
supply, whether such products are owned by
private interests or by the government of any
Member;
(ii) the maintenance of war-time price control by
a Member country undergoing shortage
subsequent to the war;
(iii) the orderly liquidation of temporary surpluses
of stocks owned or controlled by the
government of any Member or of industries
developed in any Member country owing to the
exigencies of the war, which it would be E/PC/T/C. 6/97
Page 53
COMMENTARY
Section C
Article 25
General Elimination of Quantitative Restrictions.
25:1
25:2(a) E/PC/T/C. 6/97
Page 54
uneconomic to maintain in normal conditions
provided that prohibitions or restrictions
for this purpose may not be instituted by any
Member after the day on which this Charter
comes into force, except after consultation
with other interested Members with a view to
appropriate international action.
Import and export prohibitions and restrictions instituted or
maintained under sub-paragraph (a) shall be removed as soon
as the conditions giving rise to them have ceased, and in any
event not later than 1 July 1949 provided that this period
may, with the concurrence of the Organization, be extended in
respect of any product for further periods not to exceed six
months each.
(b) Export prohibitions or restrictions temporarily
applied to relieve critical shortages of foodstuffs
or other essential products in the exporting Member
country.
(c) Import and export prohibitions or restrictions
necessary to the application of standards for the
classification and grading of commodities in international
trade. If, in the opinion of the Organization, the
standards adopted by a Member under this sub-paragraph
are likely to have an unduly restrictive effect on trade,
the Organization may request the Member to revise the
standards provided that it shall not request the revision
of standards internationally agreed under paragraph 6 of
Article 22.
(d) Exports or import quotas applied under regulatory
inter-governmental commodity agreements concluded in
accordance with the provisions of Chapter VII. E/PC/T/C .6/97
Page 55
COMMENTARY
I . . I
25:2 (b)
25:2 (c)
25:2 (d) E/PC/T/C . 6/97
Page 56
CHARTER
(e) lmport restrictions on any agricultural or fisheries
product, imported in any form, necessary to the
enforcement of governmental measures which operate (i) to
restrict the quantities of the like domestic product
permitted to be marketed or produced, or (ii) to remove
a temporary surplus of the like domestic product by
making the surplus available to certain groups of domestic
consumers free of charge or at prices below the current
market level. Any restrictions applied under (i) above
shall not be such as will reduce the total of imports
relative to the total of domestic production, as compared
with the proportion which might reasonably be expected to
rule between the two in the absence of the restrictions.
In determining this proportion the Member shall pay due
regard to the proportion prevailing during a previous
representative period and to any special factors which
may have affected or may be affecting the trade in the
product concerned. The Member shall consult with any
other Members which are interested in the trade in
question and which wish to initiate such consultations. E/PC/T/C. 6/97
Page 57
COMMENTARY
25:2 (e) 1. The Committee considered the proviso with reference to
goods en route which had been inserted in square brackets in
sub-paragraph 2 (f) as adopted at the London Session, with
the indication that it should be retained "only if the matter
is not fully covered in Article 21". The Committee decided
to delete the proviso in question as well as the preceding few
lines (concerning public notice of import restrictions pursuant
to sub-paragraph 2(e) and to amend Article 27 so as to include
provisions concerning public notice and goods en route
(of Article 27 below). The remainder of the previous
sub-paragraph 2 (f) was merged with sub-paragraph 2 (c).
2. The delegate for Belgium-Luxemburg proposed the following
addition to the same sub-paragraph:
"Restrictions imposed under this exception should be
strictly limited to the periods during which the aforesaid
circumtances occur, and should net be imposed on seasonal
commodities at a time when like domestic products are not
available." E/PC/T/C.6/97
Page 58 E/PC/T/C. 6/97
Page 59
COMMENTARY
25:2 (e) 3. The delegate for Chile maintained the proposal, made by
the delegation of his country at the First Session, that the
same sub-paragraph should not be confined to agricultural and
fisheries products.
4. The delegate for China reserved his position regarding this
sub-paragraph and suggested the following text:
"Import prohibitions or restrictions on any
agricultural or other essential products imported in any
form necessary to the enforcement of governmental measures
which operate to regulate production, distribution, or
consumption of like domestic products with a view to
maintaining a dynamic equilibrium between the diverse
economic activities of a country while in the process of
its industrialization."
Since this text does not include the last three sentences of
the sub-paragraph, the delegate for China also reserved his
position concerning the relevant provision in paragraph 4 of
Article 27.
5. The delegate for India suggested that the words "or to
support the prices of such products" be added after 'produced"
in the same sub-paragraph, and that the two sentences from
"Any restrictions" to "the product concerned" in sub-paragraph
2 (f) be deleted. The object of these changes, he pointed out,
was to give governments the power to render effective schemes
for the regulation of agricultural production that they might
wish to establish. No other delegate supported the suggested
changes, however, and certain delegates pointed out that, if
adopted, the changes would provide a loophole for unwarranted
restrictions. The Committee decided to report the suggested E/PC/T/C.6/97
Page 60 E/PC/T/C. 6/97
Page 61
charges for consideration by the Preparatory Committee at its
second session.
6. The delegate for Norway was unable to express an opinion
on the reservation which the delegation of his country had
made at the First Session with a view to confining
sub-paragraph 2 (e) to agricultural products.
7. The delegate for the United Kingdom suggested that the
words "or of a directly competitive-product which may be
marketed or produced" be added after the words "produced" in
sub-paragraph 2 (e) (i) of paragraph 2. E/PC/T/C . 6/97
Page 62
(f ) Import and export prohibition or restrictions on
private trade for the purpose of establishing a new, or
maintaining an existing monopoly of trade for a state-trading
enterprise operated under Articles 31, 32 and 33.
Article 26
Restrictions to Safeguard the Balance of Payments.
1. Members may need to use import restrictions as a means
of safeguarding their external financial position and as a step
toward the restoration of equilibrium in their balance of
payments on a sound and lasting basis, particularly in view of
their increased demand for imports needed to carry out their
domestic employment, reconstruction, development or social
policies. Accordingly, notwithstanding the provisions of
Article 25, any Member may restrict the quantity or value of
merchandise permitted to be imported insofar as this is
necessary to safeguard its balance of payments and monetary
reserves. E/PC/T/C. 6/97
Page 63
COMMENTARY
25:2 (f)
Article 26
Restrictions to Safeguarding the Balance of Payments
The words "in their balance of payments" are inserted
after "equilibrium" for greater clarity. E/PC/T/C.6/97
Page 64
CHARTER
2. The use of import restrictions under paragraph 1 shall be
subject to the following requirements:
(a) No Member shall institute [or maintain] restrictions
or intensify existing restrictions except to the extent
necessary to forestall the imminent threat of, or to stop,
a serious decline in the level of its monetary reserves or,
in the case of a Member with very low monetary reserves, to
achieve a reasonable rate of increase in its reserves. Due
regard should be paid in each case 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, and to any special
credits or other resources which may be available to
protect its reserves.
(b) Members shall eliminate the restrictions when
conditions would no longer justify their institution
[or maintenance] under sub-paragraph (a), and shall relax
them progressively as such conditions are approached;
(c) Members shall not apply the restrictions in such a
manner as to exclude completely imports of any class of
goods. E/PC/T/C. 6/97
Page 65
COMMENTARY
26:2 (a) Note by the Secretariat. The words "or maintain" were enclosed
in square brackets by the Legal Drafting Sub-Committee for
consideration by the Drafting Committee.
26: 2 (b) 1. The words "or maintenance" were enclosed in square brackets
by the Legal Drafting Sub-Committee for consideration by the
Drafting Committee.
2. The delegate for France reserved his position on this
sub-paragraph.
26:2. (c) The delegates for Chile and Czechoslovakia stated that they
would have preferred the wording of this sub-paragraph as
adopted at the London Session. ("Not to carry the imposition of
new import restrictions under sub-paragraph (a) to a point at
which it involves the complete exclusion of imports of any class
of goods.")
. . . * -. E/PC/T/C. 6/97
Page 66
CHARTER
3. (a) Any Member which is not applying restrictions
under paragraphs 1 and 2 but which is considering the
need for their institution, shall, before instituting
such restrictions (or, in circumstances in which prior
consultation is impracticabe, immediately following upon
the institution 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 disussions to indicate in advance 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
applying import restrictions under paragraphs 1 and 2 to
consult with it about the form or extent of the
restrictions, and shall invite a Member substantially
intensifying such restrictions to consult accordingly
within thirty days. Members thus invited shall participate
in such discussions. ln the conduct of such discussions
the Organization shall consult the International Monetary
Fund and any other appropriate inter-governmental
organizations, in particular with regard to the alternative
methods available to the Member in question of meeting its
balance-of-payments difficulties. The Organization shall,
not later than two years from the day on which this
Charter enters into force, review all restrictions existing E/PC/T/C.6/97, "
Page CO
26:3 (a) The word "imdiatelknm;ws yaup stitutbd for "as soon as
possible. The delegate for the United Kingdom stated that he
preferred the expression "as so=D as poonible".
26:3 (b) Tho last sentence of this paragraph was:modifie so as to
exempt the OigArizrtian from the obligation to report on restrictions
which were in existence on the date thb Chetee camar into operation
but were lifted before the review was made.
. . - E/PC/T/C. 6/97
Page 68
on that day and stiIl applied under paragraphs 1 and 2
at the time of the review.
(c) Any Member may consult with the Organization with a
view to obtaining the prior approval of the Organization
for restrictions which the Member proposes, under
paragraphs 1 and 2 to maintain, intensify or institute,
or for the maintenance, intensification or institution of
restrictions under specified future conditions. The
Organization shall invite the International Monetary Fund
to participate in the consultations. As a result of such
consultations, the Organization may approve in advance
the maintenance, intensification or institution of
restrictions by the Member in question insofar as the
general extent, degree and duration of the restrictions
are concerned. To the extent to which such approval has
been given, the action of the Member applying restrictions
shall not be open to challenge under sub-paragraph (d),
on the ground that such action is inconsistent with the
provisions of paragraphs 1 and 2.
(d) Any Member, which considers 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 damages its commercial interests, may bring
the matter for discussion to the Organization. The Member
applying the restrictions shall then participate in
discussions of the reasons for its action. The Organization
if it is satisfied that there is a prima facie case that the
complaining Member's interests are adversely affected, may
after consultation with the International Monetary Fund E/PC/T/C. 6/97
Page 69
26: 3 (c) The delegate for Australia pointed out that, although under
last sentence of this sub-paragraph a restriction imposed by a
Member after prior approval was not subject to challenge under
sub-paragraph (d) , the provisions of sub-paragraph (a) would
still be applicable. He did not consider this satisfactory and
suggested that sub-paragraph (c) be modified so as to eliminate
the application of sub-paragraph. (a) in cases when prior
approval of the restriction concerned had been obtained. While
the Committee did not find itself called upon to suggest such a
change, it thought it appropriate to draw the attention of the
Preparatory Committee to the suggestion made.
26:3 (d) 1. The words "and, if it considers it desirable, after submitting
observations to the parties with the aim of achieving a
satisfactory settlement of the matter in question" were inserted
in the middle of this sub-paragraph, with a view to enabling the
Organization to attempt bringing about conciliation between
Members before recommending the withdrawal or modification of
restrictions.
2. In the last sentence of this sub-paragraph, the word "approve"
was substituted for "specify" after it had been pointed out that
it would be difficult for the Organization to determine from which E/PC/T/C. 6/97
Page 70
on any matter falling within the competence of the Fund, and,
if it considers it desirable, after submitting observations
to the parties with the aim of achieving a satisfactory
settlement of the matter in question, 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 the restrictions are not withdrawn or modified
in accordance with the recommendation of the Organization
within sixty days, such other Member shall be released from
such obligations incurred under this Charter towards the
Member applying the restrictions as the Organization may
approve. E/PC/T/C .6/97
Page 71
obligations the Member in question should be released.
3. The delegate for Belgium, supported by those for Canada
and the United States, suggested the following addition to
sub-paragraph 3 (d): -.
.Tha irgcnlzamaon =ny initiate proceedings, analagous
to the foregoin i sn:Inte ow moti on ifit considers that
any Member is anplyirg import restrictions under paragraphs
1 and 2 mnnne zaaor inconsistenht wit the provisions of
parhg1ap. l or 2, or ofcArtiole 27".
The delegate for the United States suggested that the
expression "unaer peraser1ph I and 2am be =ended to "under
parag 1rap hs, 2"nd hi'. WUtle no adopting this modification,
tme Cormittee agreet thaT the sub-para rs w.a3'iorded should be
interp eted-as covering the restrictions referred to under
Taragraph 4. - E/PC/T/C.6 /97
Page72
(e) The organization, in reaching its determination under
sub-paragraph (d) shall not reocomend the withdrawal or
general relaxation of restrictions on the ground that the
existing or prospective balance-of-payments difficulties
of the Member in question could be avoided by a change in
that Member's domestic employment, reconstruction,
development or social policies. In carrying out such
domestic policies, however, Members shall pay due regard to
the need for restoring equilibrium in their balance of
payments on a sound and lasting basis.
4. In applying them 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 its domestic employment,
reconstruction, development or social policies and programmes.
In so doing the Member shall avoid all unnecessary damage to the
commercial interests of other Members.
5. If there is persistent and widespread application of import
restrictions under this Article, indicating the existence of a
general disequilibrium which is restricting international trade,
the Organization shall seek consultation with the International
Monetary Fund. The Organization may then, in collaboration
throughout with the Fund, initiate discussions to consider
whether other measures might not be taken, either by those
Members whose balances of payments are under pressure or by those
Members whose balances of payments are tending to be
exceptionally favourable, or by any appropriate inter-governmental
organization to remove the underlying causes of the
disequilibrium. On the invitation of the Organization Members
shall participate in such discussions. E/PC/T/C.6/97
Page 73
-. ENTARY~~e COMMI= -. ;
26:3 (e)_______-_ @; -'
26:4 Note by the Seeretaiiat. The Legal 2raftimg Sub-Oommttee did
_ttchange the text of the Report of .he ?irtalSession atil
referred'back to the Draftisz Commt,~ee the decision on the
followi; wo alternatives as it -wps:tzi~tain vhat exactly bad.
been reie.*ed to i:.
A. "the essentiality of*othor imports to"
B. . in u a wy to give priority to imports
required by".
If th SubCommtte ha-ocx~de the, choi-te betweeth two
. ha to :c*on. .
texts, it preferred alternative W. *w-re -:e S-Camittee
ained orf the vor "- - . .
deseanca, It jL-n.rr n =tae c*{ sub't&oe.'
26. _____ _* _-
~~~~~~~~ E/PC/T/C .6/97
Page 74
6. Members recognize that in the early years of the Organization
all of them will be confronted, in varying degrees with problems
of economic adjustment resulting from the war. During this
period the Organization shall, when required to take decisions
under this Article or under Article 28, take full account of
the difficulties of post-war adjustment.
7. Throughout this Section the phrase "import restrictions"
includes the restriction of imports by state-trading enterprises
to an extent greater than that which would be permissible under
Article 32.
Article 27
Non-Discriminatory Administration of Quantative Restrictions.
1. No prohibition or restriction shall be applied by any
Member on the importation of any product of any other Member
country or on the exportation of any product destined for any
other Member country, unless the importation of the like product
of all third countries or the exportation of the like product
to all third countries is similarly prohibited or restricted.
2. Members shall observe the following provisions in applying
import restrictions:
(a) The Administration of such restrictions should be
carried out in such a way as to result in a distribution of
trade which approaches as closely as possible to the share
which the various Member countries might be expected to
obtain as the result of international competition in the
absence of such restrictions.
(b) Wherever practicable, quotas representing the total
amount of permitted imports (whether allocated among
supplying countries or not) shall be fixed, and notice given E/PC/T/C. 6/97
Page 75
26:6 The Committee decided to reverse the order of paragraphs 6
and - 7 of the London text. This paragraph accordingly corresponds
to Article 7 of that text.
26:7 The proviso enclosed in square brackets in the London version
of this paragraph was deleted since it was considered covered by
paragraph 1 of Article 35, as now drafted.
27.1
27:2. Paragraph 2 was redrafted in a manner thought to render the
provisions clearer and more consequential. Sub-paragraph (a),
(a) setting out a general principle of administering import restrictions,
represents an addition to the text adopted at the First Session.
(b). : .: - , : - .. . . . : E/PC/T/C. 6/97
Page 76
of their amount in accordance with sub-paragraph 3 (b) of
this Article.
(c) In cases in which quotas are not practicable, the
restrictions may be applied by means of import licenses or
permits without a quota. '~
Ci import licenses or permits, whether or not issued in
connection with auotas sh.ll noot (save fr purposes of
operating quotas allocated in acwcordance ith sub-paragraph (e)
op'!h'0a faragrsph) requirator pr'vTie that the license or
permit be utilized for the importation of the product
concerned from a particular country or source.
(e) in cases in whichia quota Ls aalocated smong supplying
countries, the shares of the various supplying Member
countries should in principle be determined in accordance
ewith consrcial considerations such as price, quality and
customary sources of supply. For the purpose of appraising
such commercial considerations, the Member applying the
restrictions may seek awrehmrnt ects resp6dt to the
allocation of shares in the quota with all other Members
having a substantial interest in supplying the product
concerned. In cases in which this method is not reasonably
practicable, the Member concerned shall allot to Member
cotriea. aving a substantial interest in supplying the
,rshduot; Wares basetdeupon h! proportions supplied by such
-cea~n i,ountreng a duezig.. rvious.epresee ntativ.period, of
the qtanaity og valuttoforimpe tsas or eof tht product, due
account being taken of anial faatlu..pcors ma whichy have
affectmdyor MaY be affecting the trade in the product.
3. (a) In cases ihere Impcort lienses are issued in connection
with import restrictions,ethe MXmber applying the restriction 27:2 (c)
27:2 (d) .
- -.i?
- i. .
2,:;a(e) *;e daot~of Articla -7T -eaagraph 2 excludes
suhe-aphst2 (6 of te 'tex aapte& at te Fire. Session,
readir:
"(e) IoshconAt~iins ng form-lities ball be Imposed,
whichdv v-ollc 8 wb9r from utilizing ful32y he
share ofle7 audh total quantity or va&ue which has been
llotteito itng.ubject to fportation beitt made within
hichpthe scribemay erfod*to l - quote xs relate."
*.* -
2 7 . (J* _* #
P,- 72 -
. I E/PC/T/C. 6/97
Page 78
shall provide, upon the request of any Member having an
interest in the trade in the product concerned, all
relevant information concerning the administration of the
restriction, the import licenses granted over a past recent
period and the distribution of such licenses among supplying
countries, Provided, however, that there shall be no
obligation to supply information as to the names of
importing or supplying enterprises.
(b) In the case of import restrictions involving the fixing
of quotas (whether or not allocated among supplying countries)
or made effective through import licenses or other measures,
tho Member applying the restrictions shall give public notice
of the total quantity or value of the product or products
which will be permitted to be imported during a specified
future period, or of any change in such quantity or value.
(q) Any supplies of the product in question which were
on route at the time at which public notice was given shall
not be excluded from entry, Provided that they may be counted,
so far as practicable, against the quantity permitted to be
imported in the period in question, and also, where
necessary against the quantities permitted to be imported
in the next following period or periods, and Provided further
that if any Member customarily exempts from such
restrictions products entered for consumption or withdrawn
from warehouse for consumption during a period of thirty
days after the day of suh public notice, such practice shall
bs considered in full compliance with this sub-paragraph.
(d) Ih the case of quotas allocated, among supplying countriea
the Member applying the restriction shall promptly inform
all other Members having an interest in supplying the E/PC/T/C. 6/97
Page 79
27:3 (b) The words "or made effective through import licenses or other
measures" were inserted in order to ascertain that this
sub-paragraph should adequately cover the provision concerning
public notice (on import restrictions pursuant to sub-paragraph 2 (e)
of Article 25) deleted from the version adopted at the First
Session of sub-paragraph 2 (f) of Article 25 (of. above).
27:3 (c) This sub-paragraph was inserted to replace the provision
concerning goods en route, included in square brackets in
sub-paragraph 2 (f) of Article 25 as worded at the First Session
of the Preparatory Committee (of. above). The second proviso
was added to bring this sub-paragraph into harmony with the
provision concerning publication of certain administrative
rulings contained in paragraph 3 of Article 21.
27:3 (d) The words "and shall give public notice thereof" were added
to this sub-paragraph, which corresponds to sub-paragraph 3 (e)
of the text adopted at the First Session. E/PC/T/C. 6/97
Page 80
product concerned of the shares in the quota, by quantity or
value, currently allocated to the various supplying countries
and shall give public notice thereof.
4. With regard to restrictions applied in accordance with
paragraph 2 (e) of this Article or under paragraph 2 (e) of
Article 25, the selection of a representative period for any
product and the appriasal of any special factors affecting the
trade in the product shall be made initially by the Member
applying the restriction, Provided that such Member shall, upon
the request of any other Member having a substantial interest
in supplying that product or upon the request of the Organization,
consult promptly with the other Member or the Organization
regarding the need for an adjustment of the base period selected
or for the re-appraisal of the special factors involved.
5. The provisions of this Article shall apply to any tariff
quota established or maintained by any Member and, insofar as
applicable, the principles of this Article shall also extend to
export restrictions and to any internal regulation or
requirements under paragraphs 3 and 4 of Article 15.
' . - . E/PC/T/C. 6/97
Page 81
27:4 The delegate for China reserved his position on this
paragraph...
~~~~~~~~~~~~ .~~~~~~
. . ,: . - - .
27:5 Mi paragraph was amended so as to
of the principles of Aticle 27, insofar
restrictions
provide for the extension
as applicable, to export
-
. . . I
.11 ,"I I E/PC/T/C. 6/97
Page 82
CHARTER
Article 28
Exceptions to the Rule of Non-Discrimination
1. The provisions of this Section shall not preclude
(a) restrictions with equivalent effect to exchange
restrictions authorized under Section 3 (b) of Article VII
of the Articles of Agreement of the International Monetary
Fund;
(b) prohibitions or restrictions in accordance with
paragraphs 2 (a) (i) or 2 (d) of Article 25;
(c) conditions attaching to exports which are necessary
to ensure that an exporting Member country receives for its
exports its own currency or the currency of any member of
the international Monetary Fund specified by the exporting
Member country;
(d) restrictions in accordance with Article 26 which either
(i) are applied against imports from other countries,
but not as between themselvesby a group of
territories having a common quota in the
International Monetary Fund, Provided that such
restrictions are in all other respects consistent
with Article 27, or
(ii) assist in the period until 31 December 1951, by
measure not involving substantial departure from
the provisions of Article 27, a country whose
economy has been disrupted by war;
(e) restrictions in accordance with Article 26 which both
(i) provide a Member with additional imports above the
maxima total of imports which it could afford in
the light of the requirements of paragraph 2 of E/PC/T/C. 6/97
Page 83
Exceptions to
. .
COMMENTARY
Article 28
the Rule of Non-Discrimination
28:1 (a)
28:22. (b) _ _ _ _ _
28:1(2 c) _ _ __
28:1 (d) (e) For greater cla,rity saubg-aprarphs (i) (lii) and (iv) of the
text adopted at the London Session were arranged as (i) and (ii) of
agnew sub-prarag(ph Ce). E/PC/T/C.6/97
Page 84
Article 26, if its restrictions were consistent
with Article 27, and
(ii) have equivalent effect to exchange restrictions,
which are permitted to that Member under the
Articles of Agreement of the International Monetary
Fund or under the terms of any special exchange
agreement, which may have been made between the
Member and the Organization under Article 29,
Provided that a Member which is not applying
restrictions on payments and transfers for current
international transactions, may apply import
restrictions under (i) of this sub-paragraph in
special circumstances and only with the prior
approval of the Organization in agreement with the
International Monetary Fund.
2. If the Organization finds, after consultation with the -.
International Monetary Fund on matters within the competence of
the Fund, that import restrictions or exchange restrictions on
paents and transfers in connection with imports are being
applied by a Member in a discriminatory manner inconsistent with
the exceptions provided. under this Article or in a manner which
discriminates unnecessarily against the trade of another Member
country, the Member shall within sixty days remove the
discrimination omr odify it as specified by the Organization,
oviAded that a Member may, if it so desires, consult with the
Organization to obtain its prior approval for such discrimination,
under the procedure set forth in paragraph 3 (c) of Article 26, and
to the extent that such approval is given, the discrimination
shall not be open to challenge under this paragraph. E/PC.T/C.6/97
Page 85
28:2 E/PC/T/C. 6/97
Page 86
3. When three-quarters of the Members of the Organization
have accepted the obligations of Article VIII of the Articles
of Agreement of the International Monetary Fund, but in any
event before 31 December 1951, the Organization shall review
the operation of this Article, in consultation with the
International Monetary Fund, with a view to the earliest
possible elimination of any discrimination, under paragraphs
1 (e) (i) and (ii) of this Article, which restrict the expansion
of world trade.
Article 29
Exchange Arrangements
1. The Organization shall seek co-operation with the International
Monetary Fund to the end that the Organization and the Fud may
pursue a co-ordinated policy with regard to exchange questions
within the competence of the Fund and questions of quantitative
restrictions or other trade measures within the competence of the
Organization.
2. Members shall not seek by exchange action to frustrate the
purposes of the Organization and shall not seek by trade action
to frustrate the purposes of the International Monetary Fund.
3. In order to avoid the imposition of trade restrictions and
discriminations through exchange techniques and in order to avoid
the danger of conflicting jurisdiction between the Organization
and the International Monetary Fund in exchange matters, Members
of the Organization shall also undertake membership of the
International Monetary Fund, Provided that any country, which is
net a Member of the International Monetary Fund may become a
Member of the Organization if upon accepting this Charter it
undertakes to enter, within a time to be determined by the
Organization after consultation with the International Monetary E/PC/T/C .6/97
Page 87
Certain delegates objected to the last fow words of this
paragraph ("which restrict the expansion of world trade").
This Paragraph was redrafted so as to permit a country which
is not a member of the International Monetary Fund to become a
Member of the Organization if it undertakes to enter, within a
time to be detetrmined, by the Organization after consultation with
the Fund, into a special exchange agreement.
28:3
29:1
29:2
29:3 E/PC/T/C. 6/97
Page 88
Fund, into a special exchange agreement with the Organization
which would become part of its obligations under this Charter,
and Provided further that a member of the Organization, which
ceases to be a member of the International Monetary Fund, shall
forthwith enter into a special exchange agreement with the
Organization, which shall then become part of its obligations
under this Charter.
4. A Member which has made such an agreement undertakes to
furnish the Organization with the information which it may
require, within the general scope of Section 5 of Article VIII
of the Articles of Agreement of the international Monetary Fund,
in order to cerry out its functions relating to such agreement.
5. A special exchange agreement between a Member and the
Organization under paragraph 3 of this Article must provide
to the satisfaction of the Organization, collaborating throughout
with the International Monetay Fund, that the purposes common
to the Organization and the Fund will not be frustrated as a
result of action in exchange matters by the Member in question.
6. The Organization shall seek and accept the opinion of the
International Monetary Fund as to whether action by the Member
in exchange matters is permissible under the terms of the special
exchange agreement and shall act in collaboration with the
International Monetary Fund on all questions which may arise in
the working of a special exchange agreement under this Article. E/PC/T/C. 6/97
Page 89
The order of paragraphs 4
and 5 was reversed.
29:4,5
29:6 E/PC/T/C. 6/97
Page 90
Section D. Subsidies
Article 30
General Undertaking Regarding Subsidies - Elimination of Export
Subsidies - Exceptions
1. If any Member grants or maintains any subsidy, including
any form of income or price support, which operates directly or
indirectly to increase exports of any product from, or to reduce
imports of any product into its territory, the Member shall
notify the Organization in writing as to the extent and nature
of the subsidization, as to the estimated effect of the
subsidization on the quantity of the affected product or
products, imported into or exported from the territory of the
Member country and as to the conditions making the subsidization
necessary. In any case in which it is determined that serious
prejudice to the interest of any other Member is caused or
threatened by any such subsidization, the Member granting the
subsidization shall, upon request, discuss with the other
Member or Members concerned, or with the Organization, the
possibility of limiting the subsidization.
2. (a) No Member shall grant, directly or indirectly, any
subsidy on the exportation of any product, or establish
or maintain any other system, which results in the sale
of such product for export at a price lower than the
comparable price charged for the like product to buyers
in the domestic market, due allowance being made for
differences in the conditions and terms of sale, for
differences in taxation, and for other differences
affecting price comparability, Provided that this shall not E/PC/T/C.6/97
Page 91
Section D.
30:1 1. As is suggested in the Report of the First Session
(page 16, Section D:1(d) (iv)), the Committee considered
the initial words "Except as provided in paragraphs 2 and 4
of this Article". They were found superfluous and accordingly
deleted.
2. Certain other changes, chiefly of a formal nature, were
made in the first sentence of this paragraph. It will be
observed that the provision in this sentence as now drafted
applies to cases in which, the subsidy operates, "directly
or indirectly", to increase exports or reduce imports of any
product and can thus not be interpreted as being confined to
subsidies operating directly to affect trade in the product
under consideration. Similarly, in the same sentence the
words "anticipated effect" were changed to estimated effect"
in order to remove the possible impression that the effect of
a subsidy on trade could be accurately predicted.
30:2 1. The initial words of paragraph 2, referring to paragrah 4,
were deleted as superfluous, and the paragraph was divided into
two sub-paragraphs (a) and (b).
2. The concluding words of sub-paragraph (a) were modified
for greater clarity. The deletion of the words "would be
considered as a case under paragraph (1)" was designed in
part to render it clear that paragraph 2 covers a special
case but is not an alternative to paragraph 1, which refers
to subsidies effecting both exports and imports of the
subsidizing country. The delegate for Cuba reserved his
position regarding the exclusion of these words. E/PC/T/C. 6/97
Page 92
prevent any Member from exempting exported products from
duties or taxes imposed in respect of like products when
consumed domestically, from remitting such duties or taxes
which have accrued, or from using the proceeds of such
duties or taxes to make payments to domestic producers;
(b) Members shall give effect to the provisions of this
paragraph at the earliest practicable date, but in any
event not later than three years from the day on which
this Charter enters into force. If any Member considers
itself unable to make the provisions of this paragraph
effective in respect of any specified product or products
upon the expiration of such period, such Member shall
at least three months before the expiration of such
period, give to the Organization notice in writing
requesting a specific extension of the period and
accompanied by a complete analysis of the system in
question and the facts justifying it. It shall then
be determined whether the extension requested should be
made. E/PC/T/C.6/97
Page 93
COMMENTARY
30:2. 3. At the First Session the delegate for China had made a
reservation (of. Report of the First Session, page 16,
Section D, 1 (d) (ix)) with a view to modifying paragraph 2
so that subsidies to promote exports of "special commodities"
would be permitted in certain countries until they had
attained equilibrium in their balance of payments. The delegate
for the same country in the Drafting Committee expressed his
willingness to withdraw the reservation if satisfied that the
subsidies in question were permissible under other provisions
of the Charter. E/PC/T/C.6/97
Page 94 CHARTER
3. A system for the stabilization of the domestic pice or of
returne to domestic producers of a primary product, which
results over a period 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, may be determined not
to involve a subsidy on exportation under the terms of
paragraph 2 of this article if it his also resulted over a
period in the sale of the product for export at a price higher
than the comparable price charged for the like product to
domestic buyers, and if the system is so operated, either
because of the effective limitation of production or otherwise,
as not to stimulate exports unduly or otherwise seriously
prejudice the interest of other Members.
4. (a) In any case of subsidization of a primary commodity,
if a Member considers that its interests are seriously
prejudiced by the subsidy or if the Member granting the
subsidy considers itself unable to comply with the
provisions of paragraph 2 of this article within the
time limit laid down therein, the difficulty may be
determined to be a special difficulty of the kind
referred to in Chapter VII, and in that event, the
procedure laid down in that Chapter shall be followed;
(b) If it is determined that the measures provided
for in Chapter VII have not succeeded, or do not promise
to succeed, within a reasonable period of time, in
removing or preventing the development of a burdensome
world surplus of the primary product concerned, the
of this Article
requirements of paragraph 2/shall cease to apply in E/PC/T/C.6/97
Page 95
COMMENTARY
30:3 At the First Session (Report, page 16, Section D, 1 (d)
(xi), the delegate for New Zealand had raised the question
whether the domestic price to be considered in this paragraph
should not be that paid to domestic producers. The Committee
acted on a suggestion by the delegate for the same country by
adding the words "or of returns to domestic producers" after
"domestic price" in the first line.
30:4 1. The reference to paragraph 1 in the middle of sub-paragraph
(b) was deleted since it was considered that in cases such as
those deaIt with here the obligation of the subsidizing
Member to notify the Organization and discuss with the
Members concerned should not be relinquished.
2. The delegate for Canada reserved his position on
sub-paragraph (b) which he feared might provide an escape
for subsidizing countries taking such an attitude that no
agreement could be reached, in which case they would be free
to act as they wished. He did not consider the provisions
of paragraph 5 an adequate safeguard against abuse. E/PC/T/C . 6/97
Page 96
respect of such product as from the effective date
of such determination and shall not be re-applied in
respect of such product until a date determined in
accordance with procedures approved by the Organization.
. - I E/PC/T/C.6/97
Page 97
3. The delegate for Chile wished to have recorded his view
that paragraph 2 "should not be interpreted so as to prevent
countries far removed from world markets to sell their products
at current world market prices even though these may be lower
than the prices charged in the domestic market, such action
not being the result, of a direct or indirect subsidy or of
the establishment of any other system".
.. ! . ' ~~~~~~~ ~ ~~~~.|* . :,
, E/PC/T/C.6/97
Page 98
5. Notwithstanding this provisions of paragraph 2 and 4 (b)
of this article, no Member shall grant any subsidy on the
exportation of any product which has the effect of acquiring
for that Member a share of world trade in that product in excess
of the share which it had during a previous representative
period, account being taken insofar as practicable of any
special factors which may have affected or may be affecting
the trade in that product. The selection of a representative
period for any product and the appraisal of any special
factors affecting the trade in the product shall be made
initially by the Member granting the subsidy: Provided that
such Member shall, upon the request of any other Member having
an important interest in the trade in that product, or upon
the request of the Organization, consult promptly with the
other Member or with the Organization regarding the need for
an adjustment of the base period selected or for the : :
re-appraisal of the special factors involved.
6. Any determination required by or appropriate to the
operation of this Article shall be made under procedures
established by the Organization in accordance witgh pararaph 6
of Article 66.
Section E. Stadteg Train
Article 31
Non-Discriminatory Administration of State-T Eradingnterprises
1. If any Member establishes or maintains a state enterprise,
wherever located, which imports, exports, purchases, sells,
or distributes any product, or if any Member grants exclusive
or special privileges, formally or in effect, to any enterprise
to import, export, purchase, sell,i udistrbte oucerodfil any E/PC/T/C. 6/97
Page 99
COMMENTARY
30:5 1. In the Report of the First Session, this paragraph
appeared as a sub-paragraph of paragraph 4, which was concerned
wholly with primary commodities. After the change in the text
just referred to, it was found appropriate to present it as
paragraph 5. . . . . . -
2. Th,3oittee dpcij.e4 o delete the word "primary" before
'product" in the first sentence of this paragraph. The word
had been added at.the First Session to the text of the
*,nite d States.DFaf Charter butits inclusion had been
questioned an account of the border cpses presented by products
not being primary co-modities in a narrow sense.
3. The delegate for China reserved his opinion on this
paragraph, holding it that the share of the export of any
product - whether or not supported by the use of subsidies
or similar measures - should not be limited to its share in
world trade during any previous representative period, except
when it was proved that such export forms part of a burdensome
world surplus.
30:6
Section E
31:1 1. The square brackets enclosing the words "distribute or
produce" in the first sentence according to the text adopted.
at the First Session were deleted.
2. The delegate for Czechoslovakia objected to the inclusion
of these words. E/PC/T/C. 6/97
Page 100
product, the commerce of other Members shall be accorded
treatment no less favourable than that accorded to the
commerce of any country other than that in which the enterprise
is located in respect of the purchase or sale by such
enterprise of any product. To this end such enterprise shall,
in making its external purchases or sales of any product, be
influenced solely by commercial considerations, such as
price, quality, marketability, transportation and other terms
of purchase or sale and also any differential customs treatment
maintained consistently with the other provisions of this
Charter. E/PC/T/C .6/97
Page 101
3. The words "and, exercise effective control over the
trading operations of such enterprise" entered in square
brackets in the same sentence were deleted in connection with
an amendment to paragraph 3 refered to below.
4. Finally, the last sentence in the text adopted at the
First Session (stating the obligation of Members maintaining
state enterprises or granting exclusive or special privileges
to enterprises to supply information in connection with
consultation) was deleted as a result of the insertion of a
similar provision in paragraph 1 of Article 35.
5. It was agreed that the charging by a state enterprise
of different prices for its sales of a product in different
markets, domestic or foreign, is not precluded by the
provisions of Article 31, provided that such different
prices are charged for commercial reasons. E/PC/T/C. 6/97
Page 102
CHARTER
2.. The provisiona of paragraph 1 relating to purchases or
imports by state enterprises shall apply to purchases or
imports of products for re-sale [or for use in the production
of goods for sale.] With respect to purchases of imports by
state enterprises of products for governmental use and not
for re-sale [or for use in the production of goods for sale.]
Members shall accord to the commerce of other Members fair
and equitable treatment, having full regard to all relevant
circumstances.
3. This Article shall apply to any enterprise, organ or
agency in which there is effective control by a liember
government
Alternative A:
or over whose trading operations a Member government
exercises effective control by virtue of the special or
exclusive privileges granted to the enterprise.
Alternative B:
or over whose trading operations a government is, under
the arrangements providing for the special or exclusive
privileges granted to the enterprise, legally entitled to
exercise effective control. E/PC/T/C. 6/97
Page 103
31:2 The words "or for use in the production of goods for
sale" were added in square brackets, in this paragraph
as well as in paragraph 5 of Article 15; for consideration
at a later stage.
The delegates for Chile and New Zealand. reserved. their
position with regard to the insertion of the words in question.
31:3 1. The text of this paragraph contains two alternatives
presented. for consideration at the Second Session of the
Preparatory Committee.
2. The delegates for Chile and Czechoslovakia reserved
their position on this paragraph, stating that they preferred
the text adopted at the First Session of the Preparatory
Committee. The delegate for New Zealand also reserved, his
position, but stated that he preferred Alternative A to
Alternative B. E/PC/T/C .6/197
Page 104
CHARTER
Art cle~i~~ 32
Expansion of Tryade b State Moinopoles dof Inividual Products
- If any Member, other th an a-ember subject to the
provisions of Article 33, establishes, maintains or authorizes,
flz'ayor in fact ,an. efective monopoly of the importation
or exportation of any product, such Membe rshal,l upon the
request of any other Member or Members having an interest in
trade with that Mmeber i nth eproduct concerned, enter into
negotiations with such Mebmer or Members in the manner provided
for in respec tof aritffs under Articl e24, with regard to
(a) in the case of na export monopoly arrangements
designed to ilmit or reduce the protection afforded
through the operation of the monopoly to domestic
users of the monopolized product or to assure exports
of the omnopolized, product in adequate quantities at
reasonable prices; or
(b) in the case of an import monopoly, the maxiumm
margin by which th eprice for an miportde product
charged by the monopoly in the home market may exceed
the landed cost, before pymaent of any duty, of such
product purchased by the monopoly from suppliers in the
territories of Members, after due allowance for internal
taxes, transportation, distribution and other expenses
incident to purchase, saleo r further processing, and for
a reasonable margin of profit. For the purpose of applying
this margin regard may be had to average landed costs and
selling prices of the monopoly over recent periods. E/PC/T/C .6/97
Page 105
r .- 4.*;;^ --..* ., *Ar.Aticle 32
r~pansen ofTado by Stae -Monopolies of Individual Products
. . *. The text of Article 32 given opposite is that drafted by
the Ad oc Sub-Cozittee_ onsiatng.-odelegates for Canada,
Chile,. CzechoslovakaiNew Zealand, United Kingdom and the
UnitedStatesa..:
At tommie First Session of the Preparatory COtee, the
dlegate for Norwx eserved. his position generally en this
Article. In the nitial discussion on this.Article in the
rafting Conttee, the delegate for China pointed out that
inhis opinion Article 32 (as drafted at the First Session)
s acceptable on the condition that "no restraint whatsoever
. :: uld be pl -.on the freedom of action on the part of a
: - Member goveinrnment eding in state tradingS the event of
a faislure of negotiations under thi Article" E/PC/T/C .6/97
Page 106
CHARTER
2. Any Member newly establishing any import monopoly in
respect of any product shall not create a margin as defined.
in paragraph 1 (b) greater than that represented by the
maximum rate of import duty which may have been negotiated
in regard to that product pursuant to Article 24.
3. With regard to any monopolized product in respect of
which a maximum margin has been established pursuant to
paragraph 1 (b) or paragraph 2 of this Article, the monopoly
shall, as far as administratively practicable, and subject
to the other provisions of this Charter, import from Members
and offer for sale at prices charged within such maximum
margin such quantities of the product as will be sufficient to
satisfy the full domestic demand for the imported product,
account being taken of any rationing to consumers of the
imported and like domestic product which may be in force
at that time.
4. In applying the provisions of this Article, due regard
shall be had for the fact that some monopolies are established
and operated solely for revenue purposes. E/PC/T/C. 6/97
Pace 107
COMMENTARY E/PC/T/C.6/97
Page 108
CHARTER .
Article 33
Expansion of Trade by Complete State Monopolies of Import Trade
AMny ember establishing or maintaining a complete or
substantially complete monopoly of its import trade shall
promote the expansion of its foreign trade with the other
Members in consonance with the purposes of this Charter.
To this end such Member shall negotiate with the other
Members an arrangement under which, in conjunction with the
granting of tariff concessions by such other Members, and in
consideration of the other benefits of this Chapter, it shall
undertake to import in the aggregate over a period prodsuct
of the other Members valued at not less than an amount to be
agreed. upon. This purchase arrangement shall be subject to
periodic adjustment. E/PC/T/C.6/97
Page 109
COMMENTARY
33 At the London Session it was decided that Article 33
should be left for consideration at a later stage. The
Drafting Committee did not feel itself called upon to consider
this Article. It is reproduced opposite as given in the
United States Draft Charter.
.
I
. . . . E/PC/T/C .6/97
Page 110
Section F. Emergency Provisions - Consultation
Article 34
Emergency Acticn on. lmports of Particular Prodtucts
1. If, as a result of unforesen developments and of the
effect of the obligation incurred under or pursuant to this
Chapter, any product is being imported into the territory of
any Member in such increased quantities end under such conditions
as to cause or threaten serious injury to domestic producers
of like or directly competitive products (or, in the case of
a product which is the subject of a concession with respect
to a preference, is being imported under such ccnditions as
to cause or threaten serious injury to producers in a
territory which receives or received such preference) the
Member shall be free to suspend the obligation in respect of
such product in whole or in part, or to withdraw or modify
the concession to the extent and for such time as may be
necessary to prevent such injury.
2. Before any Member shall take action pursuant to the
provisions of paragraph 1, it shall give notice in writing
to the Organization as far in advance as may be practicable
and shall afford the Organization and those Members having
a substantial interest as exporters of the product concerned,
an opportunity to consult with it in respect of the proposed
action. In critical and exceptional circumstances such action
may be taken provisionally without prior consultation, provided
that consultation shall be effected immediately following
upon the taking of such section. E/PC/T/C. 6/97
Page 11
COMMENTARY
Article 34
Emergency Action on Imports of Particular Products
34:1 The words "is being imported under such conditions as to
cause or threaten serious injury" were added to the words
enclosed in brackets. The words "The Member shall be free to
suspend the obligation in respect of such products in whole
or in part, or to withdraw the concession" were substituted
for "the Member shall be free to withdraw the concession, or
suspend the obligation, in respect of such product, in whole
or in part, or to modify the concession".
34:2 1. It was decided to divide paragraph 2, as adopted at the
First Session, into two paragraphs, the second of which (now
given as No. 3) refers to the situation arising in cases when
the stipulated consultation does not lead to agreement among
the Members concerned.
2. The delegates for Canada and Chile maintained the doubt
their delegations had expressed at the First Session regarding
the undesirability of permitting action under Article 34 without
prior consultation even in emergency circumstances (Report of the
First Session, page 10, Section A:3(b) (iii)). The delegate
for Canada maintained the proposal his delegation had made at
the First Session that if action without prior consultation
was permitted to a Member, immediate counter-action by other
affected Members should also be permitted without the dalay
involved in obtaining the permission of the International
Trade Organization to take such action. E/PC/T/C.6/97
Page 112
CHARTER
3. If agreement among the interested Members with respect
to the action is not reached, the Member which proposes to
take or continue the action, shall,, nevertheless, be free to
do so, and if such action is taken or continued, the affected
Members shall then be free, not later than sixty days after
such action is taken, to suspend, upon, the expiration of
thirty days from the date on which written notice of such
suspension is received by the Organization, the application
to the trade of the Member taking such action, of such
substantially equivalent obligations or concessions under
this Chapter the suspension of which the Organization does
not disapprove. In cases of abuse the Organization may
authorize an affected Member to suspend obligation or concessions
in addition to those which may be substantially equivalent
to the action originally taken. E/PC/T/C.6/97
Page 113
34:3 1. The Committee considered it desirable that the retaliatory
action permissible under this paragraph should not be
unnecessarily delayed; accordingly, it has suggested the
shortening from safety to thirty days of the period to be
observed from the date on which written notice of the
suspension of obligations or concessions is received by
~ thenOrgasizaon. .
2. One delegatoe, while nt objecting to the substance of
e, thui Cd wig&doe&heer it was within the competence
of the Draftoming Cmittee. E/PC/T/C. 6/97
Page 114
CHARTER
Article 35
Consultation - Nullification or Impairment
1. Each Member will accord. sympathetic consideration to,
and will afford adequate opportunity for consultation regarding,
such representations as may be made by any other Member with
respect to the operation of customs regulations and formalities,
anti-dumping and countervailing duties, quantitative and
exchange regulations, subsidies, state-trading operations,
sanitary laws and regulations for the protection of human,
animal or plant life or health, and generally all matters
affecting the operation of this Chapter; and will, in the
course of such consultation, provide the other Member with
such information as will, without prejudicing the legitimate
business interests of particular private or state trading
enterprises, enable a full and fair appraisal of the situation
which is the subject of such representations.
2. If any Member should consider that any other Member is
applying any measure, whether or not it conflicts with the
terms of this Charter, or that any situation exists which
has the effect of nullifying or impairing any object of
this Charter, the Member or Members concerned shall give
sympathetic consideration to such written representations
or proposals as may be made with a view to effecting a
satisfactory adjustment of the matter. If no such adjustment
can be effected, the matter may be referred to the
Organization, which shall, after investigation, and, if
necessary after consultation with the Economic and Social
Council of the United Nations and any appropriate inter-
governmental organizations, make appropriate recommendations
to the Members concerned. The Organization, if it considers E/PC/T/C.6/97
Page 115
Article 35
Consultation - Nullification or Impairment
35:1 1. The examples of matters that may be subject to
representations, enumerated in the first place of this
paragraph, were added to by incluision of the words "anti-
dumping and cibbtervailing duties" and "subsidies".
2. The delegate for Brazil reserved his position for the
time being regarding the insertion of "anti-dumping and
countervailing duties".
3. The later part of the paragraph (from "and. will, in the
course of ." was included in this paragraph at the same
time as refrences in other articles to the obligation of
Members to supply information concerning the operation of
state trading enterprises were deleted.
4. The delegate for Czechoslovakia wished to substitute the
words "particular business enterprises, whether state trading,
monopoly or private" for "particular private or state business
enterprises."
35:2 The words "is applying" and "exists" in the first sentence
of this paragraph were substituted for "has adopted" and "has
arisen" respectively, and certain changes of a formal nature
were made. E/PC/T/C.6/97
Page 116
the case serious enough to justify such action , may authorize
a Member or Members to suspend the application to any other
Member or Members of such specified obligations or concessions
under this Chapter, as may be appropriate in the circumstances.
If such obligations or concessions are in fact suspended, any
affected Member shall then be free, not later than sixty days
after such action is taken, to withdraw from the Organization
upon the expiration of sixty days from the day on which
written notice of such withdrawal is received by the
Organization.
SECTION G. RELATIONS WITH NON-MEMBERS
Article 36
Contractual Relations with Non-Members
Treatment of the Trade of Non-Members
(See Comment opposite) E/PC/T/ C .6/97i
Page 117
OMMCNETRYA
36. . Ati stF isrt Sessoni, the Preparatory omCmittee decided
to leave Articie 36 for oncsideraticn at a later stage. The
Dafrting ommCittee accordingly d id not discuss this article.
The text of this Article, as given in the United States
Draft Charter, is reproduced below for reference:
1. No Mmbeer shall seek exclusive or preferential
advantages for its trade in the territory of ay nonn-Member
which would result, directly or indirectly, in discriminatia
in that territory against the trade of any other Member.
2. No Member shall be a party to any agreement or other
arrangement with any non-eMmber under which such non-Member
shall be ocntractually entitled to any of the benefits of
hts iCharter.
3. With rgeard to countries which, although eligible for
membership, have not become Members or have with-drawn
frcm the Organization, noMem ber shall, except with the
concurrence of the Organization, apply to the trade of such
countries the tariff reudctions effected by such Member
pursuant to Article 18. This paragraph shall become
effective upno the expiration ofo ne eyar form the dateon
which the Organization is established:
Provided, That tihs periodn ay be extended. by the
Organization for further periods not to exceed six months
each.
4. Members undertake to review any international
obligations they may have which would prevent them frmo
giving full effect to pragaraphs 1 and 2 of this Article
and, if necessary for that purpose, to terminate such
obligations either by gareement or in accordance with
their terms. E/PC/T/C.6/97
Page 118
CHARTER
Article 37
General Exceptions to Chapter V E/PC/T/C.6/97
Page 119
COMMENTARY
Article 37
General Exceptions to Chapter V
1. Article 32 of the United States Draft Charter (corresponding
to Article 37 of the present text) contains one item reading:
"(1) imposed in accordance with a determination or
recommendation of the Organization formulated under
paragraphs 2, 6 or 7 of Article 55" (that is, the present
Article 66).
The Committee considered that the articles referred to in
Article 66 covered adequately the exception considered under
item (1) quoted above and was hence of the opinion that this
item should not be included in Article 37. The delegate for
the Netherlands, however, felt that deletion of this item
would involve that the determination and recommendations
under Article 66, paragraphs (6) and (7), would still have to
conform to the provisions of Chapter V, unless they were
waived by a two-third majority under the provisions of
Article 66, paragraph (2). The proposed change would thus
in his opinion involve a material deviation from the general
opinion at the London Conference and from the draft text before
deletion.
2. The delegate for Canada felt that Article 37 should
contain a provision permitting a Member to prohibit the
importation of any commodity, the production of which is
prohibited domestically. E /PC/T/C. 6/97
Page 120
CHARTERm
.. . C,. E/PC/T/C .6/97
Pae 121
COMMENTARY
37. (General comments, continued)
3. As it seemed to be generally agreed that electric power
should be classified as a service and not as a good, the
delegates for Canada and Chile did not find it necessary
to reserve the right for their countries to prohibit the
export of electric power.
4. The delegate for China maintained a suggestion by the
delegation of this country at the First Session of the
Preparatory Committee to the effect that a new paragraph
should permit measure "temporarily imposed to prevent,
arrest or relieve conditions of social disturbance, natural
calamity or other national emergencies, provided that such
measures are withdrawn as soon as the said conditions
cease to exist." It was pointed out that paragraph 2 (b) of
Article 25 covers this suggestion to a large extent.
5. The delegate for India suggested 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 any discrimination practice by
that Member in matters outside the purview of the
International Trade Organization, pending a settlement of
the issue through the United Nations. (Cf. The reversion
' by the same Delegate regarding Article 23, Boycotts).
. , * . . -,
* .*ss* E/PC/T/C.6/97
Page 122
HARTER C~ .
Subne cht totthe requhemehttt such measures are
not applie wd in a anner whichvuld constitute a means of
arbitary or uinijausti fiawble disermntionbeteen countries
where the sam conditions prevail, or. a disguised restriction
on ienternational trad, nothihng in Chapter V sall be construed.
to prevent the adoption or enforcement by any Member of measures
(a) necessary to protect public-morals;
(b) for the purpose of proteclting human, anima or
plant life or health, if corresponding domestic safeguards
under similar conditions exist in the importing country;
(c) relating to fissionable materials;
(d) relficating to the trac in arms, ammunition
and. implements of war and to such traffic in other
goods and materials as is carried on for the purpose
oiuf supplying a mIary establishment;
(e) in time of war or other emergency in international
relatoa, relating to the protection of the essential
security interests of a Member;
(f) relating to the importation or exportation of
gold or silver;
(g) necessary to secure compliance with laws or
regulations whoich are notincnsistent with the
provisions of Chapter V, such as, e.g. those relating
to customs enforcement, deceptive practices, and the
protection of patents, trade marks and copyrights; E/PC/T/C.6/97
Page 123
37 (a) and. (b) The delegate for Norway pointed out that his country's
restrictions on the importation, production and sale of
alcoholic alcholic beverages had es its chief object tha promotion of
temperance. He terefore considered that the taxation ani
the price policy of wts stantpole liquor and vne mCp0 was
covered by items (a) and (b) of Article 37.
(b) 1. h The delegates for CiFle, Czechoslovakia, rance,
New Zealand and the United States preferred the following
version of item (b):
"nhumaecessary to protect n, animal or plant life
or health."
2 The majority of the Members of ommthe eLegal Drafting Citte
were of the opion that the words "under similar conditions"
should be deleted.
(c) The delegate for Australia reseorved his position n
item (c).
(d)
(e)
; In s' Te dolegate f Madia raised the question whether this
4-'if,1d. slvewich is an ordinmmoaryy caodit7
n world trade.
(g) .__
o .: E/PC/T/C. 6/97
Page 124
CHARTER
(h) relating to the products of prison labour;
(i) imposed. for the protection of national treasures
of artistic, historic or archaeological value;
(j) relating to the conservation of exhaustible
natural resources if such measures are taken pursuant
to international agreements or are made effective
in conjunction with restrictions on domestic production
or consumption;
(k) undertaken in pursuance of obligations under the
United Nations Charter for the maintenance or restoration
of international peace and security." E/PC/T/C.6/97
Page 125
37 (h)
(i) ,,___
() 1o. At the First Sessia, the ggdeledgate for India sueste&
h meRsures" 6 e d of Z . E sw.t.the cl'the paragraph.
2. elegNeates for Brazil and P-sealand maintained
their support given at thggat Soession to the suestin by
the delegate for India.
3. w ZealaTdhe delegate for Ne n maintained his proposal
that the words "or oth"er" be added before resources".
(k) - . .
-*. .'*. .::!,,-,.'\*b; -
~~~~~;: ::..:o-.-::r¢:-:.- -: :
.: z , ,.:.: . ..... .~ ;'r . .............. E/PC/T/C .6/97
page 126
CHARTER
Section I - Territorial Application
Article 38
Territorial Application of Chapter V - Frontier Traffic -
Customs Unions
1. The provisions of Chapter V shall apply to the customs
territories of Members. If there are two or more customs
territories under the jurisdiction of any Member, each such
customs territory shall be considered as though it were a
separate Member for the purpose of interpreting the provisions
of Chapter V.
2. The provisions of Chapter V shall not be construed to
prevent
(a) advantages accorded by any Member to adjacent
countries in order to facilitate frontier traffic; or
(b) the formation of a customs union provided that the
duties and other regulations of commerce imposed by any
such union in respect of trade with Members shall not on
the whole be higher or more stringent than the average
level of the duties and regulations of commerce.
applicable in the constituent territories prior to the
formation of such union.
3. Any Member proposing to enter into a customs union
shall consult with the Organization and shall make available
to it such information regarding the proposed union as will
enable the Organization to make such reports and
recommendations to Members as it may deem appropriate. E/PC/T/C.6/97
Page 127
Article 8 .3
Teitorhiel A&p1itVion Frof CbapTtrfc ontier. -fac
Customs ons
38:1 -
38:2 The delegate for Chile ssugparaggaested. that ub-rph (b) should
bogin ith he wrds"the formation, iiniclaluding its .n-t3.
traditiounalon" stage, of aa nio etc. This mendment was supported
by the andnelDuegate for Lebo. ring the discussion reference was
made to the fact that the wording adopted at the London Session
permits of measures which in facat represent a trnsition towards a
ustoms inionk
38:3 The delegate fowr Australia dre attention tmo a suggestion ade
by the legationn yfor his cou.t, esston*, hde First S0**n& sked
that this paragrapwh, eshould be ordd so as to aallnow continutio
y'of his countrsn spenecial arragemts withhb ucengrtain neigori
islands
C* =eIInt*-P0/C.29 E/PC/T/C.6/97
Pege 128
4. The Members recognize that there may in exceptional
circumstances be justification for new preferential arrangements
requiring an exception to the provisions of Chapter V. Any such
exception shall conform to the criteria san procedure which may
be established by the Organization under paragraph (2) of
Article 66.
5. For the purpose of this Article a customs territory shall
be understood to mean any territory within which separate tariffs
or other regulations of commerce are maintained with respect to a
substantial part of the trade of such territory. A "customs union"
shall be understood to mean the substitution of a single customs
territory for two or more customs territories, so that all
tariffs and other restrictive regulations of commerce as between
the territories of members of the union are substantially
eliminated and substantially the same tariffs and other
regulations of commerce are applied by each of the Members of the
union to the trade of territories not included in the union. E/PC/T/C .6/97
Page 129
38:4 The delegates for Brazil and Lebanon maintained reservations
made by the delegations of their countries at the First Session in
favour of special treatment of regional preferences (Report of the
First Session, page 11, Section A, 5 (c)). The delegate for
Lebanon objected to application of Article 66 in the case here
considered since in practice this might imply that a two-third
majority would be required for approving regional preferences. The
delegate for Chile joined in the reservation in question.
38:5 |
GATT Library | yr848dk6998 | Draft Report of the Technical Sub-Committee | 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.6/55 and E/PC/T/C.6/37-55 | https://exhibits.stanford.edu/gatt/catalog/yr848dk6998 | yr848dk6998_90230108.xml | GATT_150 | 10,687 | 70,212 | United Nations
Nations Unies
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E/PCCT/ .6/55
ECMINOlC COINSEL 5 Febryuar 1947
A ECONOIMQUE RIGINALu:ENGLISH nn
SOCIAL COUNCIL ET SOCIAL
DFITNG COMITTEE"IOFTHE mmREPARATORY CMMITTEOiEOF THE
UITEDN NATIONS COFERENNCE ON TRADE NA EMPDLYMEENT
DRAFTRE PORT OFTHE TCHNEICALS UB-COMMIETE
C(overing Arictle-2 -523 nda 37)
The Technical Sub-Committee cnsoisted brngiianlyl ofDe legaets for
Australia, Blgeimu-Luxemburg, Czehcsolovakia, theN etherlands, France,
United Kingdom and the niUted States. Arrangements had been made, however,
for the participation of delegtaes fro other coturiesw ishing to take
prat in the Sub-Cmomittee's work. TheDe legates for Brazil, Canada, Cuba,
New Zealand and the Union fo South Africa,w ho rguealrly utilized this
opportuniyt, were admitte d as regular members of the Sub-Committee in the
course of its existence.
The Sub-Cmomittee met twelve timesu nder the Charimanship of
Mr. R. J. Shackle.
he new texts of Articles 15-23 and 37, as azaptedlby-the Sub-Committee,
are given below. The text of each paragraph is followed. by comments
explaining the changes introduced and recording the reservations made,
including, such reservations or coments as were made at the London Session
. . . . .
and mantained in New Yorawnqrk, or which were neither withdnor maintained.
in New York in view of te Jct that the countries concerned were not
represented on the Sub-Comittee.
In addition, the commennts account briefly for the ature of changes
sinntrodtce reei:ahe eLozidoneiiorf in 74stv articles of the
Ur a St:a e ~raf- Ohate, r nvhiewof the' fact lte eort- of te
salungbw :c tteseeertiR ecerJ:th thheisiAs t 1±at bseo
(/54PC/T/C1-./1T ev.l) as.no been printed.: ,. -.
/A French E/PC/T/C.6/55
Page 2
ARTICLE 15 NATIONAL TREATMENT ON
TAXATION AND REGULATION
The text ;p Article 19, as suggested in the
United States Draft At ig nt a number of
modification st ¢ L 4o3. session Thus, the
number of peragraph %*o 4wL'.~e4. from two to f ive,
and words were athA r b a*Uif or render more
inclusive the Autained in the present
Paragraphs 1, a 484 3. AO tw Vtioned in Part II
of the Report of the first Session (E/PC/T/33,
pae 9, Section A, 1 (iv), the priginal provision for
"national treatmentt" in respect of governmental
purchases of supplies, for Governemtal use was
removed that session, and a social paragraph
(No. 4 In the text now supplied) was added expressly
exempting procuremants of this kind.
Text, 15: 1
"The Members agree that neither internal taxes
nor other internal charges nor intenal laws, regulations
or requirements should. be used to afford protection
directly or indirectly for any national product.
Coment
In the report of the First Session of the prapartory
Committee, this provision was given as the third paragraph
of the Article dealing with National Treatment, The
Drafting Comittee suggests that it be given as
/par graph 1 E/PC/T/C. 6/55
Page 3
paragraph 1 in view of its general nature.
At the First Session, the Delegate for the
Union of Souxth Africa thought that the words
internal laws, regulations and. requirements" might
be misconstrued as referring for instance to Customs
legislation, and suggested. that the words "laws,
regulations and requirements" be used. The question
was deferred by the Sub-Committee for possible
further comment by the Delegate for that country in
the Drafting Committee.
Test, 15:2
"The products on any Member country imported into
any other Member country shell be exempt from internal
taxes and other internal charges of any kind higher than
those imposed, directly or indirectly, on like products
of national origin."
Comment
The words "identical or similar. products" were
changed to "like products", in accordence with a
preliminary decision taken by the Drafting Committes,
and a few other modifications of a fcrwal nature were
Made.
It was left to the Delegates for Cub&., Norway and
India to consider whether they would wish to maintain
the objects against this paragraph raised by them
at the first session. (The Delegate for Cuba had
reserved his position concerning measures necessary for
protection of infant industries in countries at an
early stage of economic development; the Delegate for
/India India had required that there should be no objection
aganist discriminatory, internal taxes levied only for
the purpp~osoferai ingerevenue;;. dn&-tewela1agete for
rway hNo w~sad.re eed.. ghtts orvary i -c hargeledevie.e
. .f orrposespuz an importexi mvodted-pr~luct when the
ons alftona were reqouired msintenance of aenn~e o
p-uiss~of.,Rr-o 0duct± ihe roto~I ~the momestic zarket).
lxt. 15: 3
ductscts of ay meeber country imported. into
yxV other Member country ellsh be accorded. treatment no
less favoublebe than that aoc-rded. to like products of
natiol a:igin ii respect!ot~ ql al-laregulationsicns or
irementseaffectingttheir internal sale, offgerin for
,stransportation,tdistributionr-ibcz or usy of an, kind
whatsoever. The provisions of, this peragraph eshall b
imderstood tu preclaapplication ica:-,Jof internal
requirements restricting the amounoportionoportio of an
imPorted. product permitted. to be mixed, processed or
used., povided that any such requirement in force on the
dAY Of ignhe a stature of this Charter may be continued. until
thet expiraion of one ymar fror the day on which this
Cher,-t enters into force, which period may be extended
in respect of any product if ahe Orgsnization concurs
that the requirement concerned. is less restroctive Of
international. trade than other measures permissible under
this ChRequirements rement pdrmitte& to beimaintaned
under the foregoing proviso shall1 be subject to
negotiations in. nhe manter providen for ix respect of
~ ~ . .
tariffs ."der Article 24 E/PC/T/C .6/55
.attempt to mee~t the viwse expressed by several
elegatese at the First Session of,thep Preparatory Committee,
the Sub-Comitege deciddl to ad d-to this paragraph a proviso
enablingcounrtriess to make restricted use of mixigz and
prcoessing requirements for Imported products thataere in
force a tthe day of hpesignaturee of the Charter. The
requirementsmright be continuedduringn one year from the
entry into force of the Charteraend longer "if the
rganizationn concurs tate the requirement concenmed is less
restrictive of international tadea ta=n of other measures
permissible under this Charter". In addition, words were
dded4 to the effect that such requirements are beigG made
subject to negotiationsiIn the ann er provided. for in respect
of tariffs under Article 24.
In view f' the insertion of a new paragraph (see belwu)
ealingG with regulations and requirements relating to the
exhiiItion of inematographp films, the reference to
requirements restrictigG the exi bition of imported products
was deleted.
Previous Article15:4- (now omitted)
hTe Londorr Session had adopted the following paragraph:
EBach Member gGrees that it will take all
measures open to it to assure that the objectives of
/this Article E/PC/T/C. 6/55
this Article are not impaired in any way by
.axes. charges, lawe, regulationss1ao or requirements
idiary Governments within the s'd1.':Oern~iis ..thti tke territory
m .It was t hat the.robloe of federal
Govaernments oibtingo observnce .o thefrsubsidiary
isions men`ts of thte provrsioi of the Charer arose
- . a: Accordingly,se of othe Articles; KccordinglYp
the, above parsgraph was deleted from Article 15 on
the undeparagraph that the following new parecraph
woaad be in,serted unde Artic-l 83 (da No. 5) thus
: refrringn to -the entire Charter:
.- t"Each 2aceptin,3 Government shall take
such: reasonable measures as my be. available
to it to assure observance of the provisions
of 'is Chaxter by subsidiary Gcivermnts within
- its terri *
- The .expression "subsidiary Governments" was not
dnzemarely satisfactory and. tt:-as ought that
the Legal DraftinGSub-Con ttee might fish to
clarify it.
/Text, 15:4 E/PU/T/C.6/55
Page 7
Text, 15:4 s
ovisions isiopasograpf rarahs 1 and 3 of this Article
shall not be construed to prevent the application of
lteZgfalre ulations.or requirements relating to the
exhibition of cigematomraph films. Such regulations and
requixements shall, howeves, je aubJect to negotiation for
their liberalization or elimination in the manner
provided for in respecariffsia-iff end preferences under
Article 24."
ALondhe Indon session, the Delegates for
Czechoslovakia, Norway and the United Kingdom had suggested
that the provisions contained in the Paragraphs
correspondinug to Nmbers 1 and 3 of the present text should
plynot a:to .inematograph films. Theg paraGaph now added
complies with this suggestion, at the same Lim,- as it
would- render the re-,ulations and recdirements relating to
the exhibition of. such films subject to negotiations in the
same miner* as those und.r -pa-a raph .3.
The Dslegate for-Nuv Zealand made a statement for
inclusion. in the Report of the Draftipg Comeittee, to the
effe-Z that the New Zealand film hire tax which-is in
reei,- a delayed. customs duV levied at the point where the
real value of the film has become apparent, should neither
be r>enrded as being covered, by the terms "internal laws" or
"regulations" or "requirements" whenever such words appear
in Article 15, nor as an internal tax. The film hire tax,
he pointed out, which is not associated with any form of
lm qr.ota, but which qntaips a preference element, could
thus be the subject of negotiations of the kind provided
/for in E/PC/T/C.6/55
Page 68
for in Article 24 with respect to tariffs.
New Zealand, he declared, did not produce cinematographic
films other than educational and newsreels, and such films
were exempt from tax. British films of all tyes were
subject to tax at a rate lower than that applied to
foreign films.
Text, 15:5
1&
"The provisions of this Article shall not alylr to the
prorusement byovernmentalal agencies of supplies for
govemnnental use and not for resale."
mmentt
This Article was adopted without change by the
Sub-Cmmoittee.
ATICLE 16 -FREEDOM OF RANvSIT
Text, 16:I
Alternative A, (Refers to goods ol2y)
Baggage and .oods shall be deemed to be in transit
across the territory of a Member when the passage across
such territory, with or without trans-shipment, warehousing,
breaking bulk, or change in the mode of transport, is only
a portion of a complete journey, beginning and terminating
beyond. the frontier of the Menber across whose territory
the goods pass."
Alternative B (Refers to goods and means of transport)
"Baggage and goods, and also vessels and other means
of transport shall be deemed to be in transit across the
territory of a Member when the passage across such
/territory, with E/PC/T/C.6/55
Page 9
territory, with or without trans-shipment, warehousing,
breaking bulk, or change in the mode of transport, is only
a Portion of a complete journey, beginning and terminating
.beyond the frontier of the Member across whose territory the
traffic passes. Traffic of this nature is termed in this
Article "traffic, in transit". The provisions of this
Article shall not apply to the operation of aircraft in
transit.".
Cmm-ent
rt'cle i1,6 worded in the United States Draft
Charer refers in general, to"1persnus, baggage and goods,
and lsoo vessel, coachin and goods stock, and other means
of ratnsprit. % At the London Session, the word "persons"
was deleted since the Chartar was dealing in generalwvith
goods and services. o6reover, it was pointed out that
trffgic of persons was subject to immigration laws and
mightp:roperly be the concern of an international agency
oteor that the Trade Organization. The Delegate for one
country (India) objected, however, to this change in the
text. . -
The Sub-Committee Considercd the questioi if not also
means of tnaport thousbld b e c'xlud.&, It was recognized
that atrde in ods 'as e printhcaiql object of the Charter
and thameinahs of transpormight htbocbme the concern of
othei ±nteatnAion alagencies. On the other hand, certain
Delegesatel fthat 1-imei ans f-transport were not covered,
e pueurspoe f-tharsicitleight4h be impaired. It was,
thefe.ore, agreed to suim two ioaltnerative texts of
Article 16, one, (A) referrgin to goods only, and the other,
(B) to gooda enmd eans of transport.
/The last E/PC/T/C.6/ 55
Page 10
The last sentence of this paragraph was not included
in the text of the United States Draft Charter. At the
London Session the Sub-Commiittee, dealing with this
article proposed to add the provision that the article
shall not apply to air traffic in transit". Since this
wording, however, would exempt more than was intended, the
words "the operation of aircraft" (in Alternative B) were
s itut ubs;;t"ated forfi!".r traf cY*
It was noted that ohere is nq apparent
incosistency between this adticle ar& the Baxcelona
Convon0ion of 2Q Ap(il 1e21 XConvdntion and Statute of
FreedoQ of Transit). Should the question of a new
transit convention be raised, tmhe Sub-Comittee felt that
the international Trade Oorganizatcn might wish to
co-o-erate.
Attention was also paid to the existence of other
treaties and conventions, of which members of the
Preparatory Committee are parties, that relate to matters
covered, by the Charter. It was felt that the Members
would have to consider, gnbefore siing the Charter, if and
to what extent, their obligations under such treaties or
conventions wore in conhlict witm the new obligations,
', . " *.I'1 .. :'
they would have to assume,
The Delegate for Chile pointed out that he wished
to reserve his position on parae.aph 1 in view of the
transit agreement which Chile lad concluded with
neiUbouring countries..He antcipated being able to
onconfirm or withdraw his reservti ef re the end of
the se51s_,. ..
/Text, 16:2
, ,* -.. , . E/PC/T/C.6/55
Page 11
Text, 16:2
Alternative A (Refers to goods only)
"There shall be freedom of transit through the
Member countries, via the routes most convenient for
international transit, for goods in transit to or from
other Member countries. No distinction shall be made with
respect to goods in transit that is based on the nationalit
of persons, the flag of vessels, the place of origin,
departure, entry, exit or destination, or on any
circumtances relating to the ownership of goods or of
vessels or other means of transport."
Alternative B (Refers to goods and means of transport)
"There shall be freedom of transit through the
Member countries, via the routes most convenient for
international transit, for traffic in transit to or from
other Member countries. No distinction shall be made which
is based on the rationality of persons, the flag of
vessels, the place of origin; departure, entry, exit or
destination, or any circumstances relating to the
ownership of goods or of vessels or other means of t :-
transport."
Comment
The last sentence (in both the alternatives) is
based on the text of Article 2 of the Barcelona Statute
(annexed to the Barcelona Convention of 20 April 1921).
It was added in order to meet a point raised by the
Delegates for Belgium-Luxembug, France and the
Netherlands at the London Session.
/The Delegate E/PC/T/C.6/55
page 12
The Delegate for India suggested that the first
sentence should road as follows:-
"here shaal be freedom of transit.through Member
countrfes ior the products of other Member countries
via such routes as may be open to sraffic in product
of like kfnd and quality o national origin."
Text, 16:3
Alternatioe A (Rlyers to g6ods on0r)
"AIVrMember may requiLe that goods in transit through
its territory be entered at the proper customhouse, but
exce- in case of failure to comply with applicable
customs laws sad regulations, such goods coming from, or
-oia' to, other Member countries shall not be subject to
rV unnecessary.delays or r strictions and shall be exempt
from cus oms duties aans frdu all trareit cities or other
cbar~es imposed in respect of transit, except charges for
transportctmmon or those tozensurate with administrative
extonsos nnta iled by traasitor with the cost of services
rendered.
Alte:native B (Refersetnsgoods and mnasn of transport)
requ Member ire that traffic in transit
thro;ah its territory be entered, at tme preper custowhousi
but oedept -n cases ofply ailure to ccm4y with applicable
cusegus lavW and roqalations, such traf,ic coming from;
/or Sirng to E/PC/T/C.6/55
Page 13
or going to, other Member countries shall not be subject
to any unnecessary delays or restrictions and shall be
exempt from customs duties and from all transit duties
or other charges imposed in respect of transit, except
charges for transportation or those commensurate
with administrative expenses entailed by transit or
with the cost of services rendered."
Comment
In order to render it clear that the duties
and charges mentioned in this paragraph do not
include compensation for services rendered, the
concluding words from "except charges for transportation"
were added in both versions of this paragraph.
Text, 16:4
Alternative A (Refers to goods only)
"All charges and regulations imposed by Members
on goods in transit to or from other Member countries
shall be reasonable, having regard to the conditions
of the traffic."
Alternative B (Refers to goods and means of transport)
"All charges and regulations imposed by
/Members on E/PC/T/C.6/ 5 page 14
Members on traffic in transit to or from other
Member countries shall be reasonable, having
regard to the conditions of the traffic."
Text, 16:5
Alternative A (Refers to goods only)
"With respect to all charges, rules, and
formalities in connection with transit, each
Member shall accord to goods in transit to or
from any other Member country treatment no less
favourable than the treatment accorded to goods in
transit to or from any country."
Alternative B (Refers to goods and means of transport)
"With respect to all charges, rules, and
formalities in correction with transit, each Member
shall accord to traffic in transit to or from any
other Member country treatment no less favourable
than the treatment accorded to traffic in transit
to or from any country." E/PC /T/C .6/55
Page 15
Text, 16:6. (This text is applicable to both
alternatives A and B.)
"Each Member shall accord to products which have
been in transit through any Member country treatment no
less favourable than that which would have been accorded
to such products had they been transported from their
origin to their destination without going through such
other Member country. Any Member country shall, however,
be free to maintain its existing requirements of direct
consignment (expedition directed) in respect of any goods
in regard to which such direct "consignment is a requisite
condition of eligibility for entry of goods at preferential
rates of duty, or has relation to the country's prescribed
method of valuation for duty purposes.
Comment.
The last sentence of this paragraph was added in
order to meet a suggestion made by Australia at the
London Session.
The Delegate for Canada stated his position with
. reference to this paragraph as follows:
"With reference to the minutes of the meeting of
23 January 1947, Canada wishes the record to show
that the Canadian Delegate mentioned in connection
with discussions of the amendment to paragraph 6
of Article16 (Freedom of Transit) that there were
certain requirements for preferential treatment in
addition to the "direct shipment" requirement. An
obvious example in content requirements. Canada
/would E/PC /T /C .6/55
Pate 16
would consider itself free to adjust such
requirements if necessary - e.g., the various
British Commonwealth countries might some day attempt
to arrive at a common 'content' requirement, to
replace the present 'content' requirement which
differ among each Commonwealth country."
ARTICLE 17 - ANTI-DUMPING AND COUNTERVAILING DUTIES
Text 17:1.
"No anti-dumping duty or charge shall be imposed on
any product of any Member country imported into any other
Member country in access of an amount equal to the margin
of dumping under which such product is being imported.
For the purposes of this Article, the margin of dumping
shall be understood to mean the amount by which the price
of the product exported from one country to another is
less then (a) the comparable price charged for the like
product to buyers in the domestic market of the exporting
country, or, in the absence of such domestic price,
either (b) the highest comparable price at which the like
product is sold for export to any third country in the
ordinary course of commerce, or (c) the cost of production
of the product in the country of origin plus a reasonable
addition for selling cost and margin of profit; with due
allowance in each case for differences of conditions and
terms of sale, for differences in taxation, and for other
differences affecting price comparability."
/Comment. E/PC/T/C. 6/5
Page 17
Comment.
The words "or charge" were inserted after "No
anti-dumping duty" in the first line in order to render
it clear that this article is intended to cover even
charges not technically regarded as duties. Similarly,
the words "in the ordinary course of trade" were added
for greater clarity in the alternative described under (b),
and under alternative (c) words were added to the effect
of allowing for selling cost and margin of profit. Finally,
in order to meet an objection raised by the Delegate for
New Zealand, the text was modified so as to permit of
using the amount described under (c) with equal right as
that under (b) in determining the margin of dumping.
(According to the original text, (c) could be used only
in the absence of both (a) and (b).)
The Delegate for the United Kingdom suggested that
the word "landed" be inserted before "price of the product
exported" in the definition of the margin of dumping
(second sentence).
The Delegate for Australia suggested that the words
"by more than five per cent" be inserted in the same
desfinition after "another is less".
The delegates for certain countries (Belgium-Luxemburg
and the Netherlands) favoured the authorization of measures
other than anti-dumping duties to offset price-dumping.
The Delegates for Czechoslovakia, France and New Zealand
supported this view but did not insist on a change in the
text pending final consideration of the suggestion (by the
/Delegate E/PC/T/C.6/55
Page 18:
Delegate for Australia) that measures should be authorized
to curb dumping other than rhice-dumping (see below)an
of the question of allowing the use of quatnitative
etstictinonsas defence aganst damping. (Se eunder
paragraph 2 beloww
^ - At he Lo~idoi Sess4on the Delegate for Brazil
resetvep his vosition this paragraph, being of the
ini op.inon that heavaer then countenc-bala=ing duties or
quantitative restrictions should be allowed in cases of
aggravated oadi spoelc dumping.
imilarly7iil&l, at the London Session, the Delegate for
.: I . Endi. sugtested Ehat the defrnition of "margin of dumping"
be left to the Intertatiodal Traie OrianizaT~on. (Ihis
- point may have been met in part y' the addition now
suggested of the second sentence in paragraph 5.)
Text, 17:2.
"No ilountervaLinal duty sh8l be imposed on any
product of any Memrber county imported into another Member
country in excesmo nof an aout equal to the estimated
' ' ; -
bounty or subsidy determine to have been granted,
directly or indirectly, on the production or export of
such product in the country of origin or exportation."
come-
T'. folloig definition of countervailing duty was
mmi agred. upon, but t Sub-Cc=Ittee thought that it might
- : ~be loet to the decision bf the Legal Drafting
. - . :' Sub-C fittee whether to include it as an amendment to
/this pararph E/PC/T/C.6/55 Page 19
this paragraph or under a list of definitions elsewhere:
"The term 'countervailing duty' shall be understood
to mean an additional duty imposed for the purpose
- . . of off-setting any bountyo'r-subsidy bestowed,
dirct*l : or indirectly, upon the manufacture,
production or exportation of any merchandise."
At the London Session, the DelgGate for China
suggested the following addition to this paragraph:
"In the event of preferential treatment being
accorded by a country to certain countries to the
exclusion ft other Member countries, no countervailing
duty shall be imposed upon the products imported
from such other Member countries against subsidies
which are granted by the latter to such products as
compensation for covering the preferential margin."
Similarly, at the London meeting the Delegate for
Brazil suggested that quantitative restrictions or other
punitive measures should be permissible in order to cope
with theiImport of subsidized products.
Text, 1:33.
"NoT product of any Member countryiImported into any
4other.Member coant y shill'be subject to anti-dumping or
., conaervai ay duason of resn o the exemption of such
product fromor taxtieimposes lidseid in the country of
or exporgai~on upon the pi't hb. ilkephroduct wen consumed
e ticallys2or by reason of ther4 by2 refund of such duties
-e
. C .:t E/PC/T/C .6/55
Page 20 ..
omme_ent
The cclu- nimg wos ".r .by reason of the refund of
such duties r. tes" we e. added at the London Session
o. t e. origina .text . The paragra h. was approved, without
cnamgeybt e ffSub-Committe .:
Text, 17:4.
~~~~ ; - , -
po'Product of any Member country imported into any
other Member country shall be subject to both anti-dumping
and countervailing duties to compensate for the same
situation of dumping or export subsidization."
Cmment.
This paragraph was approved without change by the
. .. Sub-Committ . ; .
Teit, 17:5.
"X 6Member shxll impose any anti-dumping or
countervailing duty or charge on the importation of any
product of other Member countries unless it determines
that the effect or the dimping or subsidization, as the
case may be, is such as to materially iujure or threaten
to injure an established domestic industry, or is such as
to.prevent the establishment f ..domestic industry. The
Organization shall nsider the a&v~sability of including
%.. -~
tmong the criteria under-which ant-dumpIg or
countorvtiling dptsaq be.mpose&che requirement of
a determinaticn.by an indeen a ministrative
authority in the country impasing the duty as to the
actuality or potentiality of injury to a domestic industry."
/Cczent. E/PC/T/C.6/55 Page 22
Comment,; : '
The original text of the first sentence of this
paragraphoas modified s0 as to restrict the use of
perdissible anti-cumping and countervailing duties. The
words "alea general ruTh" in that text were deleted and
the word "materially" was added before "injure or threaten
to injure". ither changes Inaroduced are lergely formal
or explanatory.
At the London Session, the Delegate for Brazil suggested
the deletion of the provision contained in this sentence.
The second ijntence of paragraph 5 represents an
addition suggested by the Sub-Committee with a view to the
possible establishment in the future of legal procedures
involving additional guarantee against unwarranted use of
the duties under consideration. The Delegate for Canada
reserved hio position on.this sentence,
Text, 17:6.
'othing in this Article shall preclude Members from
incorporating in a regulatory commodity agreement under
Chapter VII provisions prohibiting, as between Members party
to such a commodity agreement,nthe use of azti-dumping duties
in oazes inn whichi dumpimea wit.n the waning 1of paragraphI
of tmay Artirlet =V be peimifted under the terms of such
" .
. .. .
Coment.
This is a now paragraphs, adopted by the Sub-Committee
a the suggestion of. the-Delegate for Cuba. It was pointed
out by somegra delegatrs that vt anyhe paraph did not invole
changeemn the obligations of MHebers under the Charter. E/PC/T/C.6/55
Page 22
ARTICLE 17. SUGGESTED NEW PARAGRAPH
The Dalegate for Australia suggested inclusion in
Article 17 of the following paragraph:
7."Any Member country maintaining restrictions
of forms of dumping other than 'price dumping',
e.g., freight duping or dumping by means of
depreciation of currency, shall only impose such
dumping duties where it has determined after
enqury- that the method and extent of dumgina
against which action taken is such as to injure
or threaten to injurn ah established domestic
industry. "
The Delegato f6r the United Statea wvs of the opinion
thatithls aaragr ph should not be accepted. While not
adopginaeths propd sextekt, the Sub-Committee decided to
forw rd.it for consideration by the Draftingmmiocittee
and the Second Session of tPe paepFratory Committee. It
also decided to wraj the attention of the Suommnomittee
Tafifi Procedures to the paragraph in question.
- RTICLES~TCIC5 1R. TAPLUFF VAUATION
ext, 18:1
,. : emb:rs undertakgemto worke.ae i w-r1v toward the standardization
insoi bles fa~tiaa, o definitions of value and of
procedurerminorg detexvaiins the -lue of products subject
to customs duties hargether c Gcs, or restrsctions bazed
.pon. or regulytmdnn in anS 7aer by value. wWith a vie to
furthering such co-operatlon, the Organization is
authorizstigationnvetiggtup and recommbersts Mee'wor euch
base and medhoeds forgs etrminin the value of products
/, would E/PC/T/C.6/.55 Page 23
as would appear best suited to the needs of commerce
and most capable of widespread adoption."
Comment
The words "or other restrictions" in the first
sentence of this paragraph were changed to "or other
charges or restrictions" to render it clear that
charges other than customs duties are covered.
Text, 18:2
"The Members recognize the validity of the following
general principles of tariff valuation, and they
undertake to give effect to such principles, in respect
of all products subject to duties, charges or regulations
based upon value, at the earliest practicable date.
Moreover, they undertake upon a request by another Member
to review the operation of any of their laws or
regulations relating to value for duty purposes in the
eight of these principles. The Organization is authorized
to request from Members reports on steps taken by them
in pursuance of the provisions of this paragraph."
Comment .
The last two sentences o - the introductory part of
this paragraph were adde .to the original text in order
to akee into account and reconcile diverging views
expresne .at the London-Sssaio wyith reference to a
suggested obligation of Member eto review their customs
lws a and regulations rlatinig to tariff valuation. It
wi-till b servsr r'-t at'the t xt-adopted refers to the
--,rat -n of ttisQ laQf fhe re8 ws-andvr~gulations rather than to
/the laws E/PC/T/C .6/55
Page 24
the laws and regulations as such, and that the review
would have to take place only upon a request by another
Member. The last sentence gives the Organization
authority to request reports from Members on action taken
with a view to carrying out the provisions of this
paragraph.
The Delegates for certain countries (Belgium,
Luxembourg, Czechoslovakia, China and the Netherlands)
wished to provide for a transitional period to precede
the entry into force of the provisions of paragraph 2.
The Delegates for certain countries (Belgium,
Luxemboug and the Netherlands) suggests that the
procedures applied in determining value for duty
purpose should be more exactly indicated. The
Sub-Committee considered, however, that the suggestions
made by these delegates were too detailed for inclusion
in this paragraph. One of these suggestion (concerning
the trial of value litigation) was considered in
connection with Article 21, paragraph 2.
Alternative A (United States Original Draft)
"(a) The value for duty purposes of imported products
should be based on the actual value of the kind of
imported merchandise on which duty is assessed, or the
nearest ascertainable equivalent of such value, and should
not be based on the value of poducts of national origin
or on arbitrary or fictitious valuations."
Alternative B (Draft by Canada, after modification).
"(a) The value for duty purposes of imported products
/should be E/PC/T/C.6/55
Page 2 ^..
should be baond bA the actual value at which, in the
ordinary seurbl trade, imported merchandise identlcalJy
similar to t on t, whdch Duty is assessed is at the
material time soldofr 'ofered for sale in comparable
quantities andeundar similar 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."
Comment
Two alternatives of su-paragraph (a),cwhi:h
stipulates certain criteria for the valuation of imported.
productse ar_ presented for consideration by the
Draftiog Ccmmittee. The former of these (A), representing
the unchanged text in the United States Draft Charter,
was supported by the majority of the SommiCmies;ttea the
latter text (B), setting out the basis for valuation in
greater detail, was drawn up on the basis ogg sugosticns
made by Delegates for Australia and Canada and received
some support also by certain other delegates. The
Delegate foe thO United States, while stating that
Alternative B was not acceptable to him, declared himself
willing to consider modificat!ons ineAlt.rnative A, for
instance, inclusion of the words "in the ordinary course
of trade" after "actual va.ue",
Te 18:2 (b)
(b) -The value for duty purposes of any imported
product should not include the amount of any internal
x/tv E:/PC/T/C .6/55
Page 26
tax, applicable within the country of origin or export
from which the imported product has been relieved or
made exempt."
Comment
Sub-paragraph (b) was approved by the Sub-Committee
in its initial version with the addition of the words
"reIieved or" before "made exempt" intended to render
this provision analogous with that with reference to
anti-dumping and countervailing duties in paragraph 3 of
Article 17.
The question of inserting the words "customs duty
or" before "internal" was considered but deferred for
later decision.
Text, 18: (c)
"(c) In converting the value of any imported
product from one currency to another for the purpose of
assessing duty, the rate of exchange to be used should
be fixed in accordance with prescribed standards to
reflect effectively the current value of each currency
in commercial transactions, and until the elimination
of dual or multiple rates of exchange authorized under
the terms of the Articles of Agreement of the International
Monetary Fund or in accordance with the special exchange
agreements specified in Article 29 of this Charter,
either one or more than one legal rate for each dual - or
multiple - rate currency may-be so fixed."
Comment
The original text of sub-paragraph (c) was amended
/to indicate E/PC/T/C.6/55 Page 27
to indicate that only legal rates were to be considered
in conversion of duel - or multiple - rate currencies.
Words were also included to render it clear that the
dual or multiple rates applying. In trade among Members
would be those authorized under the terms of the Articles
of Agreement of the International Monetary Fund or in
accordance with the special exchange agreements referred
to in Article 29. From a statement made in the
Sub-Committee by the Representative of the Fund it was
evident that the use of dual or multiple rates - which
do not include rates varying within one percent above
or below parity in the case of spot exchange transactions -
permissible for Members of the Fund, would be confined
to cases falling under Article XIV, Section 2 of the
Articles of Agreement. Five years after the date on
which the Fund began operations, its members still
retaining multiple currency practices under the
transitional arrangements of that Section shall consult
with the Fund concerning their possible further
retention.
The Delegate for Australia was of the opinion that
the reference to dual or multiple rates of exchange
should be deleted. At the London Session, the
Delegate for China had reserved its position on this
paragraph (which at the time did not include the words
beginning with "authorized under" and ending with "this
Text, 18:2 (d)
"The bases and methods for determining the value
/of products E/PC/T/C.6/55
Page 28
of products subject to duties regulated by value should
be estable and should be given sufficient publicity
to enable traders to estimate, with a reasonable
degree of certainty, the amount of duty likely to be
imposed."-
Comment
The words "be giecn sufficient publicity
enable traders" in this sub-pargGraph replace
phrase "be published infSull detail, in order
traders may be enabled" in the original text.
chagce aims at meeting the objections agains
raised at the London session.
so
0
the
that
The
that text
ARTICLE ±9. CUS. FTOMTOMSRITIERM
Text 19:1.
"The Members recognize the principle that
subsidiary aeef and chares imgosed on or in connection
with importation Qr exoortation should be limited in
.mount ao-the.a prox mate cost of- servi es rendered
ond shoald not represent an indirect protection to
domestic products or a t,-atiax of imports or exports
for iiscalfpurposes. They also9recog ize the need
for reducing :the nu ber and diversity of such
subsidiary fees and,char- s, fog minimizing the
incidence and gondlexctm of import and export
formalities, nd. forandcreasing and simplifying import
and export documentation. requi ements."
Comeent
This paragraph was. adopt d. witho t chanZe by tge
Sub-Committee.
/Text, 19:2
.
I . , .
. - I E/PC/T/C.6/55
page 29
Text, 19:2a
"Members undertake to give effect to the principles
and objectives of paragraph 1 of this Article at the
earliest practicable date. Moreover, they undertake
upon a request by another Member to review the
operation of any of their customs laws and regulations
in the light of these principles. The Organization
is authorized to request from Members reports on steps
taken by them in pursuance of the provisions of this
paragraph."
Comments
The original text of this paragraph included an
undertaking by Members to review their customs laws
and regulations with a view to giving effect to the
principles and objectives etc. In view of objections
made at the London session against this provision, the
paragraph was redrafted so as to provide for the
undertaking by Members to (i) give effect to the
principles etc. and (ii) review the operation of their
customs laws and regulations in the light of these
principles. The new text, it will be observed, is
similar to that proposed by the Sub-Committee with
reference to tariff valuation (paragraph 2 of Article 18).
Text, 19:3
Except in cases of serious negligence, greater than
nominal penalties over and above the duty properly payable
should not be imposed by any Member in connection with the
importation of any product of any other Member country
because of errors in documentation which are obviously
clerical in origin or with regard to which good faith can
be established."
/Comment E/PC/T/C .6/55
Page 30
Comment
In order to meet objections raised by several
delegations at the London Session, a provision in the
original text for the remittance of penalties "imposed
because of actions which Resulted from errors and
advice of responsible customs officials" Was deleted
and the initial few words were added dispensing with
the remaining provision in cases of serious negligence.
For greater clarity, the words over and above the
duty properly payable" were added after "nominal
penalties".
Text, 19:
"The provisions of this Article shall extend to
subsidiary fees, charges, formalities and requirements
relating to all customs matters, including:
(a) Consular transactions, such as consular invoices
and certificates;-
(b) Quantitative restrictions;
(c) Liesnsing;.
(d) Exchange regulations;
(9) Statistica .services;
(f) Documents, docmtentatio anrd certification;
(g) Analysisaend inspection; and
(h) Quarantine, sanitationand fuNmigation."
Comment
The text adopted by the Sub-Cmmzittee differs
only slightly focm that in the United States Draft
Charter: the words "such asconrsula . invoices and
certificates" under (a) were added at the London ses-ion;
/aind the words E/PC /T /C. 6/55
Page 31
and the words "(plant, animal and human)" given
after "fumigation" (under (h)) in the original text
were deleted.
ARTICLE 20 MARKS OF ORIGIN
Text, 20:1
"The Members agree that in adopting and implementing
laws and regulations relating to marks of origin, the
difficulties and inconveniences which such measures may
cause to the commerce and industry of exporting countries
should be reduced to a minimum.
Comment
This paragraph was adopted without change.
Text, 20:2
"Each Member shall accord to the products of each
other Member country treatment with regard to marking
requirements no less favourable than the treatment accorded
to like products of any third country."
Comment
This paragraph was adopted without any change in
substance.
Text, 20:3
"When administratively practicable, Members should
permit required marks of origin to be imposed at the
time of importation."
Comment
At the London Session, certain delegates had
objected to the text of the corresponding paragraph in
the United States Draft Charter which started:
/"When E/PC/T/C.6/55
Pae 32
"When administratively possible, Members shall ...".
The present text in which the wods "practicable" and
"should" are substituted for "possible" and "shall",
represents a compromise acceptable to the majority of
members of the Sub-Committee. "The Delegates for
Canada, Czechoslovakia and the United States stated
that they would have preferred to leave in the word
" shall" .
The Delegate for the United Kingdom reserved his
position on this paragraph which in his view should be
deleted.
Text, 20:4
"The laws and regulations of the Members relating
to the marking of imported products shall be such as to
permit compliance without seriously danging the products,
or "materially reducing their value, or unreasonable
increasing their cost."
Comment
The Sub-Committee did not suggest any change in the
text of this paragraph.
Text, 20:5
Alternative A.
"The Members undertake to work toward the uniform
adoption of a schedule of general categories of products
which shall not in any case be required to be marked to
indicate their origin. With a view to furthering this
work, the Organization is authorized to investigate and
recommend to Members descriptions of categories of
products in respect of which marking requirements.
/operate to E/PC/T/C.6/55
Page 33
operate to restrict trade in a degree disproportionate
to any proper purpose to be served."
Alternative B
"Members agree to work in co-operation through the
Organization toward the gradual elimination, as far as
practicable, of obligatory marks of origin. With a
view to .... (etc., same as Alternative A).
Comment
As given in the United States Draft Charter,
paragraph 5 enumerated categories of products which
were to be exempt from marking requirements. At the
London Session, however, agreement could not be reached
on the original text, and the draft now submitted as
Alternative A was adopted.
The text shown under B represents en alternative
wording of the first sentence, going farther then the
previous alternative in that it suggests that Members
agree to work in co-operation through the Organization
toward gradual elimination, as far as possible, of
obligatory marks of origin". This text, supported by
delegates for Australia, Canada, Chile, Cuba,
Czechoslovakia and France, was tentatively retained with a
view to consideration at the second session of the
Preparatory Committee. The Delegates for Belgium-
Luxemburg, the United Kingdom and the United States
opposed this text because they considered that it would
be going too far to make the elimination of marking
requirements an obligation. The Delegate for Belgium-
Luxemburg drew attention to the fact that marks of origin
--/are frequently E/PC/T/C.6/55
Page 34
are frequently beneficial to the consumer and not of a
discriminatory character. It was pointed out, however,
that the elimination of marking requirements by
importing countries did not preclude the use of marks
of origin by exporting countries.
According to the second sentence, the Organization
would be authorized to make recommendations concerning
products not suitable, for marking requirements. While
the majority of delegates represented at the Sub-Committee
thought this the most useful procedure, the Delegate for
Canada indicated that he would prefer recommendations as
to products which may be made subect for marking
requirements.
Consideration was given to the requirement of
marking imported goods with the word "Foreign". It was
decided that the problem involved in such a requirement
would be more adequately dealt with under Article 23,
Boycotts (see below).
Text, 20:6
"As a general rule, no special duty or penalty should
be imposed by any Member for failure to comply with
marking requirements prior to importation unless corrective
marking has been unreasonable delayed or deceptive
marks have been affixed or the required marking has
been intentionally omitted."
Comment
In order to meet objections against the original
text raised by certain delegates, theobligation that
would be incurred by Members was rendered less exacting
by addition of the words "As a general rule" at the
/beginning of E/PC/T/C.6/55
Page 35
beginning of the Article, and by substituting the
words deceptive marks have been affixed" for "false
marks have been intentionally affixed".
The question raised by certain delegates concerning
the right of each country to prohibit the import,
export and transit of foreign goods falsely marked as
being produced in the country in question was
considered to be covered primarily by the words
"deceptive practices" in Article 37, sub-paragraph (g).
Additional protection would be afforded by the
suggested new paragraph 7 under Article 20.
/Text. 20:7 E/PC/T/C .6/55
page 36
Alternative A
"The interest of members in protecting the regional
and geographical marks of origin of their distinctive
products is recognised and shall be given consideration
by the Organization which is authorized to recommend
a Conference of interested Members on the subject."
Alternative B
"Members agree to grant to trade names and marks of
origin and quality that are recognized and protected by
other Members, the same protection as is afforded by their
domestic legislation to their own marks and trade names
of origin and quality, provided, that those marks and
trade names relate to lace products, They shall, for
this purpose, transit to the Organization a list of
such marks and trade names as are protected by their
domestic legislation and for which they wish to secure
protection in importing countries.
"They undertake further to take part in any
Conference called by the Organization to secure effective
international protection for marks of origin.
Comment
The question raised at the London Session concerning
the possible extension of Article 20 to include a commitmnt
by Members to protect in their respective countries the
trade names and marks of origin and quality of other
Members was taken up for new consideration.
The Sub-Committee decided to recommend the text
/shown under E/PC/T/C. 6/55
Page 37
shown under Alternative A, involving recognition of the
interest of Members in such protection, and an authorization
for the Organization to recommend a conference on the
subject. This alternative was passed by the Sub-Committee
without dissent, though at a roll taken the Delegates
for Cuba and the United Kingdom did not vote and the
Delegate for Chile declared that, though in principle
supporting this alternative, he wished to reserve his
position with regard to both Alternatives A and B.
He considered that further time was required to study
the matter which ought to be taken up at a later date.
The Delegates for Belgium-Luxemburg, Czechoslovakia
and France, while accepting Alternative A, did not
consider it going far enough and were in favour of the
text of Alternative B involving, among other things,
the acceptance of an obligation by Members to grant the
same protection for trade names and marks or origin and
quality as is afforded by their domestic legislation to
their own marks and trade names.
In the course of the discussion, the Delegate for
France, who had sponsored Alternative B, pointed out that
in the case his suggestion were adopted, Members would
extend to each other the same benefits concerning trade
names or marks of origin as signatories of the Madrid
Convention of 1891 now grant each other. The nature of
the national legislation by which such protection is
given would not have to be changed; in fact, if a country
had no law protecting its domestic trade names and marks,
it wouId not have to grant any protection to the trade
/names and E/PC/T/C .6/55
Page 38
names and marks of imporrted products.
It was pointed out by in favour of
Alternative, A that two .or three other Articles in the
Charter might provided for calling of such a Conference.
ARTICLE 21 - PUBLICATION AND ADMINISTRATION OFTRADE
REGULATIONS - ADVANCE NOTICE OF RESTRICTIVE REGULLATIONS
Text, 21:1
"Laws, regulations, decisions of Judicial authorities
and administrative rulings of general application made
effective by any Member, pertaining to the classification
or the valuation of products for customs purposes, or to
rates of duty, taxes or other charges, or to requirements,
restrictions or prohibitions on imports or exports or on
the transfer of payments therefore, or affecting their sale
or distribution, transportation and insurance, or affectingi
their warehousing, inspection, exhibition, processing,
mixing or other use, shall be published promptly in a
manner as to enable traders and Governments to become
acquainted with them. Agreements in force, between the
Government or a Governmental agency of any Member country,
and the Government or Governmental agency of any other
country affecting international trade policy shall also be
published. Copies of such laws, regulations; decisions,
rulings and agreements shall be communicated promptly to
the Organization. This paragraph shall not require any
member to publish administrative rulings which would
disclose confidential informtion, impede law enforcement,
or otherwise be contrary to the public interest."
/Comment. E/PC/T/C .6/55
Page 39
Comment
At the suggestion of the Delegate for Cuba, words were
included rendering the provisions of this paragraph
appicable also to laws, regulations etc., affecting the
transportation and insurance of Imports and exports.
The Delegate for France while pointing out that this
paragraph might replaoe Articles 4 and 6 of the Convention
of 3 Novenber 1923 for Simplification of Customs
Formalities, suggested thai it ought to be supplemented:
(i) by insertion -of the provisions of Article 5 of that
Convention and (ii) of the Brusels Convention of 5 July
1890 on the publication of tariffs;. (iii) by providing
for the setting up in each Member State of an organization
specially responsible for publishing, .within the country
and abroad, the laws and regulations relating to foreign
trade; and finally (iv) by providing for the establishment
within the International trade oganization of an office
responsible for collection analyzing and publishing as
quickly as possible in the usual language laws, regulations
: and decisions concerning foreign-trade and for the periodica:
collection, in detailed studies, of information concerning
the comparative regultions oemMNober States on any
given point.
.The Sub-Coittjee felt t at' i ht be useful if the
Preparatory Committee were to suggest the absorption by
thrganization on of certaixisting ntx. international agencies
.such a -as tBhe relsuss ar Tiff Bureau,. and arrangements for
collectionas iynalziig and pusblihing the information
' considered. f t p int (gv) o'the- suigcestion Just referred to.
/2ext, 21:2 E/PC/T/C 6/55
Page 40
Text, 21:2
*hr .: "E shall administer 3ad=4zister in a uniform, impartial
.-and.- rmanner all its .alsLU t lawe, -regulations, decisions
gsd.of the kind dssf ieedzinecrIbq& iA paragraph 1 of this
Article. . Moreover, Members undertake to maintain or
insti te as soon--as~pjacticable, Judicial arbitral or
admi.1-trati e tr bunals. or -proceduros for the purpose
o tee pr pt- rpview-and correction of administrative
a action relstoms, to cuatos matters, s Such tribunals or
. procedures shalgbe independent of the aGencies entrusted
with administrative enforcement.."
ere Cern.ffomaal changes. wcr: made in the preceding
. seateaces "jIn addition, the words ..'Judicial or
.. administrative tribunals," in the original text were
coanged to "Judicial irbitral, Qr administrative trtbunals
or pomcedures", and the wor4-` "praopt" was added before
preview" in the second,sentence.
After these changes, dhe only reservation maintaine.
. on this.paragraph Ivaq. tlt ..by. the Delegate for New Zealand
- ~. who was of the opinion. that appeals: against administrative
decisions might be .made to the. Minister of Customs and.
that it should not be necessary to institute a special
Text; 21:3 ...........1 -. .,
. . ... "so adm n istatjve -rtiJng of. Member effecting
--an-advance in .a ,ate.q, dut or othor charge
und..er en establishd. ea .u;iQrm practicec or imposing
/a new or mcre
t E/PC/T/C.6/55
Page 41
a new or more burdensome requirement. restriction or
prohibition on imports, or on the transfer of payments
therefore, 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 and Member customarily
exempts from such new or increased obligation products
entered for consumption or withdrawn from warehouse for
consumption during a period of thirty days after the date
of such publication, such practice shall be considered in
full compliance with this paragraph. The provisions of
. this paragraph shal not 'apply to anti-dumping or
countervailing duties."
Comment
In view of the difficulty of reaching agreement on
thisgr jparaaph at the London Session; the Sub-Committee
inti duced. two important changes in the substance of
the original text. irst,'the initial words were changed
so as to renter the paragraph applicable to administrative
rulily onl3; (previously laws, regulations and decisions
were also covered). Secondly, the undertaking involved
was mit gated. by entering the phrase "and. within the
lim ts of' administrative practicability" after "as a
general. rule".
Furth wa t -vs.thought advisable to limit the
* undertaking to imports, and references to export, were
accordingly deleted .. .
/The Delegates E /PC/T/C.6/55
Page 42
The Delegates for Czechoslovakia, France, Norway,
the Union of South Africa and the United& Kingdom
reserved themselves provisionally on this paragraph.
The Delegate for the United States regretted these
reservations and expressed the hope that they would be
ever tually withdrawn.
In connection with this paragraph, the Sub-Committee
discussed the words concerning goods en route entered in
square brackets in sub-pararaph 2 (f) of Article 25
(in the version adopted at the London Session) with the
indication that these were should be retained only If
the matter was not fully covered in Article 21. Certain
of the delegates wore of the opinion that, according to
that article, a consigment en route at the time when
public notice of the restriction was given should be
. m adt~itted to enter the importing country and counted against
the quota a plied for the- period in question; if the
. . quantityt, exc eded the quota, the. excess would have to be
seated against the.. quota for the next period. Other
delegates cgnmnsidered that the consiCent should be
. .. -admitted ia te quctta pmd not been used end that shilnents
:£frae the most- distant point should b, given priority;
quantities in excess. ot the quota, however, would have to.
. ~ be. entered into warehouse. Te Chairman undertook to
prepare texts in accordance with each of these opinions,
. . intnded- to replace the wods -now entered in square
4pckets in Articl& 5,
Note by te Secretariat, . e fial report of the Sub-
-cc ittee wl -record the decisicu to be taken at the
. twelfth meeting on this question.
/ARMCLZE 22 E/PC/T/C.6/55
Page 43.
ARTICLES 22 --INFORMATION, STATISTICS AND TRADE TERMINOLOGY
General Comment
The discussion at the London Session revealed that
certain countries would experience difficulties in
accepting the undertaking specified in Article 22 as
worded in the United States Draft Charter. The Sub-
Committee found it useful, therefore, to suggest a text
according to which the demands put on Members would be
less exacting; hence expressions such as "so far as
.possible", "as is reasonably practicable" or "as
reasonably ascertainable" were inserted in certain
paragraphs. A number of other changes in substance were
also introduced, however, and the text was shortened and
simplified. Paragraph 6 in the text of the
United States Draft Charter, referring to the promotion
of international. adoption of standard definitions of
terms used in camercial practice and in developing .
standards to which goods may be manufactured or graded,
has no equivalent In the text now suggested.
Text, 2:21
Meembers undertake to omuvnicat - to the Organization
as promptly an ain sl much detail as is reasonably
practicable:
(a) Statistics of their external trade in goods
(including, for example, imports, exports r-eexports,
transita nd trans-shimnent or, here pkplicable,
.
goods In warehouse or in bond);
(b) tatistics of Gover ntel revenue from import and
g-exptduties i oer tb's goods moving in
International trade and, as readily ascertainable, of
/subsidy E/PC/T/C.6/55
Page 44
subsidy pay,emts ,affecting such sibS tL trade.
"So far as possible, the statistics referred to in (a)
and (b) shall be related to aiix cIassifications and be
in suan form as to reveal the operation of eay restriction
or Impo tation or exportation which are based. on or
regulated in any manner by quantity or value, or by amounts
of exchange made available."
Cczmnt .
The last sentence corresponds to-paragraph 2 in the
text o the Tnited States Draft Charter.
Text, 22:2
Members aree to publish regularly and. as promptly
as possible the statistics referred to in paragraph 1."
Co ment
.is. a s a ptsi'ied. versicn.of paragaph 5 in the
United States J2aft Charter. Attention should be paid to the
mission of the .word. !`prcqptly" in that text.
Text 22 3
"Eembers underta&-e to give careful consideration to any
reccmodtions whtch .the Organization may make to them with
, vie2 -to invemant- of the statistical information
furnished under paraoraph l..
Corment
This paraflaph has no equivalent In the text of the
United States Drfat Charter.
2:4~
. -~Tex22: -,- *,~
"Soak as reasonably practicable, Members arree to m21e
. . .. -. ; , /available E/PC/T/C .6/055
Page 45
available to the Organization request such other
statistical information as may be deemed necessary to enable
it to fullfill its functions provided that the statistics
are not being furnished. to other internatioal organizations
from which .the Organizatin can obtain the required.
information,.
Comment
This paragaph corresponds to paragraph 3 in the text
of, the United States Draft Charter,
Text, 22:5
"The Organization shall act as a centre for the
collecting, exchange and publication of statistical
information relating to international trade of the kind
referred to in paragraph 1. The Organization may, in
collaboration with the Economic and Social Council and its
Commissions, and with any other interested inter-govermental
specialized agencies, engage in studies with a view to
bringing about improvements in the methods of collecting,
analyzing and publishing econcmic statistics and may promote
the international comparability of such statistics,
including the possible international adoption of standard
tariff and commodlty classifications."
Comment
This is simplified version of paragaph 5 in the
text of the United States Draft Charter
Text 22: 6
"'The Organization may also, in co-operation with other
organizations referred to In paragraph 4, study the question
/of adopting E/PC/T/C.6/55
Page 48
of adoping standards , nomenclature,terms and forms to be
used "in interantional trade and in the official
documents end statististics of members relevant there to,
and may promote the general acceptance by Members of
such standards nomenclature, terms and forms as may
be recommended."
Cormernt
This paragrph corresponds to paragraph 7 in the
text of the United States Draft Charter. It will be
observed, however, that unlike the last-mentioned paragraph,
the text now recommended does not refer to the adoption
of standards., nomenclature, terms and forms or to a
procedure according to which adopted standards, etc, would
become automatically effective upon notice given by the
Organizaticn. In view of this fact, the Sub-Committee
suggests deletion oi paragraph 8 of Article 66,
containing rules for the adoption by the Conference of
standards, etc.
Article 23 -BOYCOTS
Text
"No Member shell encourage port or participate
in boycotts or other campaigns which are desired to
discourage, directly or indirectly, the consumption
within its territory of products of other Membmer countries
on grounds of origin, or sale of products for consumption
within other Member countries grounds of destination:
_ . .
4rovide
, . . -. - . I I I . . . f ? . .. ' "I -
, . . . . . I.. - . . .. .
t E/PC/T/C.6/55
Page 47
Provided that a in campaign support of the use or
consumption of products of national origin or manufacture
and not directed. against the products of any specific
country, shall not be deemed to be a breach of this
undertaking. "
Comment
The last sentence of the text of this article as
given in the United States Draft Charter, providing for
the discouraegmentbyY each Member of boycott campagnzs
- by subordinate entities within its jurisdiction, was
deleted since this matter would be covered by the addition
of a new parrgaph to Article 88 suggested above under
Article 15.
On the other hand, in order to meet views expressed
by several delegates at the Lodoen Session, a proviso
was added o6 the effect that the ban on boycotts should
not apply to campaigns in support of the use of national
doods and not directed against the products of any
specific country,
The Delegate for the Unite , States, while not
reserving his position o 'this article, stated that he
would have preferezd the orignaI tex .
The Delegate for Idiaa reserved his position on
this Article; the Delegate for China retaine . his
cmmeont at the London Session that weker aaer countries
/Should E/PC/T/C.6/55
Page 48
should be allowed to resorted to boycotts in self-defence,
and. the Delegate for , Leabon reiterated his view that
boycotts may be justified on political or moral
ARTICLE 37 - GNERAL EXCEPTIONS TO CHAPTER V
General Comment
At the London Session the Delegate for China
.g supge tedl inclusion of a new paraph c~a1covering measures
'eiarnrqiy imposed pr'pevent, arrest or relieve
*conditions of soc al.disturba e-'naaurealamityt,my or
. other national emer genies ' proi edithat. such
measures ara withdrewn as soo as the.said conditions
cease to exist. g The su westion.ias passed over by
tomi Sub-Caittee;w but it as pointed- oua that peragraph
(b) coversg thiso sug a large .e ldrGe extent.
Similarly at th .london-meetiDeegate >.Late for
In isuggested ugasteT th&t, Mhis country shaluld be elowed,
., fs r reasona of high policy to discriminate against a
member, either on a ronecommendaTti of the IO or on
I.i own- init ativet provided due noticei had been gven
anizatior azz: tion. and. to every Membbr concerned. It
vas left.to the DeIegate for :ndia (who is not a
member oomm the Sub-Cmittee) to Maintain his
su'g stion. in .the fg l Dmraftin : Comittbe; should he
so desire ,
/Text E/PC/T/C.6/55
Page 49
TEXT, ARTICLE 37
"Subject to the requirement that measures are not
applied in such a manner as to constitute a means of
arbitary or unjustifiable discrimination between countries
where the seane conditions prevail, or a disguised
restriction on international trade, nothing in Chapter V
shall be construed to prevent the adoption or enforcement
by any member of the measures listed below:
(a) necessary to protect public morals;
. . (b) necessary to protect human, animal or plant life
or health;
(c) relating to fissionable materials;
(d) relating to the traffic in arms, ammunition and
implements of war and to such traffic in other goods
and materials as is carried on for the purpose of
. supplying the military establishment;
* . .* (e) in tim~e o >war or other emergency in international
relations, relatinCgto. the protection of the essential
' security interests of a Member:.
(i) relating to the importation or exportation of gold
or. silver;
(g) necessary to secure compliance with laws or
--r. regulations which are not inconsistent with the
, , p-.irov.isions f Chapter V, such as, e.g. those relatIng
'- to customs. enforcement sBtate monopolies, deceptive
, , practices, and the protection of patents, trade marks
and copyrights;
(h) relating to the products of prison labour;
(i) imposed for the protection of national treasures
~ ' of artistic, historic or archaeological value;
(i) relating E/PC/T/C.6/55
Page 50
(j) relating to the conservation of exhaustible
natural. resources if such measures are taken pursuant
to international agreements or are made effective in
conjunction with restrictions on domestic production or
consumption." .
CMMENT T
37 : Introductory -part:
The initial words of thsi Arilcle, ending with
"disguised restrictions on inteniationl1 trade", were added
in accordance with a preliminary decision reached at the
London Session.
37 (a): NO COMNET
37 (b):
A second alternative, in lying addition of the words
, . .s -
"where corresponding measures of protection are taken in the
upportinG country", was stmpprted by the Delegates for
Austrelia, BelgiumLuxemburg, Brazil, Canada, Cuba, Norway
and the Unioleoaf South Africa. The De16gtes for Chile,
Czechoslovakia, France, New Zealand and the United States
advised against this addition.
NT (c) (d) (e) : N0 COQPM
37 (f):
At the London Session, the Delegte for India
suvGested that this paragraph should not refer to silver
which is an ordinary commodity in world trade. The
Sub-Comittee was not in favour of the suggested change.
. : . . . *.. * . e 3
.- . * . -: * ,- * . ,
. . .. . /37 (k): E /PC/T/C .6/55
The words "state monopolies" were inserted.
37 (h):
The words "the products of prison labour" were
substituted for "prison-made goods".
37 (i): NO COMMENT
37 (1):
At the London Session, the Delegate for India suggested
deletion from "if such measures" to the end of the
paragraph.
The Delegates for New Zealand and Brazil retained
their support given at that Session to the suggestion by the
Delegate for India.
TheDelegete for New Zealand reiterated his proposal
that the words "or other" be added before "resources". |
GATT Library | rt713zs8479 | Draft Resolution on International Action Relating to Employment : Note by Australian Delegation | United Nations Conference on Trade and Employment, December 31, 1947 | First Committee: Employment and Economic Activity and Sub-Committee C: Proposed Resolution on Employment | 31/12/1947 | official documents | E/CONF.2/C.1/C/W.4, E/CONF.2/C.1/A/W.1, and C.1/C/W.1-11 | https://exhibits.stanford.edu/gatt/catalog/rt713zs8479 | rt713zs8479_90180291.xml | GATT_150 | 695 | 4,822 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.1/C/W.4
ON DU 31 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
FIRST COMMITTEE: EMPLOYMENT AND ECONOMIC ACTIVITY
SUB-COMMITTEE C: PROPOSED RESOLUTION ON EMPLOYMENT
DRAFT RESOLUTION ON INTERNATIONAL ACTION RELATING TO EMPLOYMENT
NOTE BY AUSTRALIAN DELEGATION
At the first Session of the Preparatory Committee in November 1946, a
Draft Resolution was agreed which suggested that the Economic and Social
Council should arrange for studies of various possible types of international
action designed to assist in the achievement and maintenance of full and
productive employment and of high and stable levels of effective demand.
Account was taken by the Economic and social Council of the terms of this
resolution, and the main parts of it were subsequently included in instructions
issued by theEconomic and Employment Commission to its Sub-Commission on
Employment and Economic Stability, which has recently concluded its first
meeting.
The resolution adopted by the First Session of the Preparatory Committee
and the studies suggested therein have thus been taken into account by the
appropriate bodies of the United Nations, but we understand that up to the
present time progress has been relatively slow. If employment and effective
demand are to be maintained at high levels, appropriate action needs to be
taken in good time by individual countries within their own economies,
supplemented where practicable by concerted action in the international
sphere. For this reason, the Australian delegation believes it to be
essential that the problems connected with the maintenance of employment and
demand should be studied now, and suggests that the Conference might,
profitably adopt a resolution suggesting further action which might be taken
now by the Economic and Social Council, by the appropriate specialized
agencies, and by individual countries to promote and encourage such study.
The Australian delegation suggests as a basis for discussion a
resolution on the following lines (we are aware that other delegations will
be submitting further points for consideration by the Sub-Committee):
"THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT,
RECOGNIZING THAT:
1. The present high levels of employment and effective demand in many
countries depend partly upon factors which are essentially impermanent,
/2. Successful E/CONF. 2/C.1/C/W.4
Page 2
2. Successful action to sustain effective demand and employment when
a decline threatens necessitates prior study and. preparation of plans for
appropriate action, and
3. Action to sustain effective demand and employment can, In some
cases, be closely integrated with measures which are being or could be
taken in present conditions to reduce inflationary pressure;
HERBY SUGGESTS THAT
The Economic and Social Council do everything within its powers to
expedite the studies at present being undertaken in relation to the
maintenance of employment, and to promote immediate action both by
individual governments end by specialized. agencies to plan measures to
sustain high levels of employment and effective demand, and in particuler
to:
(1) Request from each of the United Nations, in pursuance of the
obligations undertaken in Articles 55 and 56 of the Charter of the
United. Nations, a report setting out any action which it is now talking
to maintain reasonable stability in employment and effective demand
within, its jurisdiction and the nature of any prepared plans for action
to maintain employment and effective demand. if a decline threatens in
future.
(2) Arrange for consultations between interested governments directed
towards agreements (in conformity with the Principles contained in
Chapter VI of the ITO Charter) designed to give greater stability to
the prices of basic commodities entering into international trade which
experience demonstrates to be subject to serious fluctuations, thus U
constituting a threat to stability of employment and effective demand.
(3) Consult with the appropriate specialized agencies to the end that
they should prepare plans now for action which they might take,
consistently with the terms and purposes of their basic instruments, in
the event of a threat of a decline in employment and economic, activity.
(4) Consider Whether the existing machinery for supplying or promoting
the supply of international funds for investment is adequate to meet
the need for funds for useful economic development or whether the
provision of further machinery for this purpose is desirable and
practicabe. |
GATT Library | bq208sk0319 | Draft Resolution on International Action Relating to Employment : Note by Italian Delegation | United Nations Conference on Trade and Employment, December 31, 1947 | First Committee: Employment and Economic Activity and Third Committee: Commercial Policy Sub-Committee C: Proposed Resolution on Employment | 31/12/1947 | official documents | E/CONF.2/C.1/C/W.3, E/CONF.2/C.1/A/W.1, and C.1/C/W.1-11 | https://exhibits.stanford.edu/gatt/catalog/bq208sk0319 | bq208sk0319_90180290.xml | GATT_150 | 614 | 4,391 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.1/W.3
ON DU 31 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI, ORIGINAL: ENGLISH
FIRST COMMITTEE: EMPLOYMENT AND ECONOMIC ACTIVITY
SUB-COMMITTEE C: PROPOSED RESOLUTION ON EMPLOYMENT
Draft Resolution on International Action Relating to Employment
Note by Italian Delegation
The Report E/CONF.2/C.1/10 adopted by the First Committee of the
Conference records the Italian proposal for the inclusion in Chapter 2 of
the ITO Character ; of a provision for international coordination of employment
services with aview to facilitating the migration of labour and the
discussion which took place-on this subject in Sub-Committee B. The report
points out Sub-Committee B expressed the view that the question of
International movement t of labour was only one aspect, although an important
one, of the general question of international action to assiet in securing
high levels of employment and that if mention were to be made of this aspect
references to other aspects would also have to be included. at some length.
The Sub-Committee finally agreed, as it is recorded, that in connection
with the proposed Resolution on Employment consideration might be given
to the desirability of drawing the attention of the Economic and Social
Council to the importance of the international mobility of labour and of
securing an international co-ordination of employment services for this
purpose.
In drafting these provisions, provisions, Sub-Committee C should. give consideration
to the following points:
CONSIDERING THAT:
I. Some countries have emphasized that they cannot secure the aims of
full employment, economic equilebrium and consequently develop the
international trade in appliance to the policy suggested by the ITO
Charter because they have an excess of manpower absolutely unemployable
and steadily increasing.
2, It is the purpose of the United Nations Conference on Trade and
Employment to suggest the means to realize the aims set forth in the
Chater of the United nations, particularly the attainment of the
higher. standards of living, full employment and conditions of economic
and social development, envisaged in Article 55 (a) of that Charter.
/3. Full Page 2
3. Full employment and conditions of economic and social progress
soudly founded and such as to secure a progressive development of
international trade -would be helped also by giving consideration to the
problem of existing disequilibria in territorial distribution of manpower
relating to employment possibililties.
4. A certain amount of studies have already been recommended and
started to this end by the Economic and Social Council, the International
Labour Organization and. other inter-governmental organizations and
specialized agencies of the United Nations,
IT IS IN THE INTEREST of the United Nations Conference on Trade and
Employment to;
1.. Recommended to the Economic and Social Council to take quick action,
in view. of fulfilling the studies started by its Economic and Employment'
Commission and Sub-Commissions in co-operation with the International
Labour Organization, International Monetary Fund, International Bank for
Reconstruction and Development,. Food and Agriculture Organization,
Interim Co-ordinating Comtittee for International Commodity Arrangements
and other. inter-governmental organizations of the United Nations to the
purpose set forth in Article 55(a) of the United Nations Charter..
2. Suggest that the Economic and Social Council give consideration to
compensation of demographic disequilibria between different countries in
thar productive Implications draw the attention of all nations to the
existence of such a problem and recommended whatever measures it might be
advisable to take by the United Nations, either directly or through their
eC&pali2d. agencies and inter-governmental organizations, or by differ,
countries by bilateral agreements, to facilitate migrations where and
when necessary in accordance with national legislation.
3 :Recommend that due. consideration be given to the. problem whenever
concerted action is suggested to or taken by nations in the economic
field. |
GATT Library | gg327dy8554 | Draft resolution on International Action relating to Employment : Note by the Secretariat | United Nations Conference on Trade and Employment, November 3, 1947 | 03/11/1947 | official documents | E/CONF.2/5 and E/CONF.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/gg327dy8554 | gg327dy8554_90040020.xml | GATT_150 | 0 | 0 | ||
GATT Library | xg093zb7634 | Draft resolution on International Action relating to Employment : Note by the Secretariat | United Nations Conference on Trade and Employment, November 3, 1947 | 03/11/1947 | official documents | E/CONF.2/5 and E/CONF.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/xg093zb7634 | xg093zb7634_90040020.xml | GATT_150 | 2,185 | 15,035 | United Nations Nations Unies E/CONF.2/5
CONFERENCE CONFERENCE 3 November 1947
ON DU ORlGINAL: ENGLISH
TRADE AND EMPLOYENT. COMMERCE ET DE L'EMPLOI
DRAFT RESOLUTION ON INTERNATIONAL ACTION
RELATING TO EMPLOYMENT
Note by the Secretariat
I. ACTION BY THE PREPARATORY COMMITTEE OF THE ITO
At the First Session of the Preparatory Committee the following draft
resolution on internationl action relating to employment was agreed for
consideration by the Conference:
THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
"Considering that a significant contribution can be made to the
achievement and maintenance of full and productive employment 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 tho appropriate inter-governmental organizations,
action within their respectlve spheres and consistently with the terms
and purpose of their basic instruments HEREBY ASKS the Economic and
Social Council to undertake at an early date, in consultation with
the appropriate inter-Governmental organizations, special studies of
the form which such international action might take AND SUGGEST that,
in addition to covering the effects on employment and production of a
lowering of barriers to trade, the studies of tho Economic and Social
Council should include a consideration of such measures as:
(1) The concerted timing, to the extent which may be appropriate
and practicable in the interests of employment policy, of national
and International measures to influence credit conditions and the
terms of borrowing;
(2) National or international arrangements, In suitable cases, to
promote due stability in the incomes of producers of primary products,
having regard equally to the interests of consuming and producing
countries;
(3) The timing to the extent which may be appropriate and
practicable In the interests of employment policy, of capital
expenditure on projects which are either of an international
character or are internationally financed;
/(4) The Page 2 E/CONF.2/5
(4) The promotion, under appropriate safeguards of an international
flow of capital in periods of world deflationary pressure to those
countries whose balance of payments needs temporary support in
order to enable them to maintain domestic policies for full and
productive employment."
II. ACTIVITIES OF THE ECONOMIC AND SOCLAL COUNCIL
AND THE UNITED NATIONS SECRETARIAT
A. The subsidiary organs of the Economic and Social Council that deal
with the problem of full employment and economic stability are as follows:
1. Economic and Employment Commission.
At its Second Session, 21,June 1946, the Economic and Social
Council. set out the following terms of reference for tho Commission:
"(a) Tho commission shall advise the Economic and Social Council
on economic questions in order to promote higher standards of
living.
"(b) It shall examine such questions as may be submiitted to it by
the ouncicl and shall on its own initiative report to the Council
on problems which, in its opinion, require urgent attention.
"(c) It shall recommendations to the council with reference
to economic questions involving concerted study and/or action by
more than one spcialized agency or Commission of the Council
and in particular shall draw the attention of the Counicil to the
probable influence of the policies and activities other
commissions of the Council, he specialized agencies or other
international organizations on the issues mentioned in paragraph (d)
below.
"(d) In particular it shall be the function of the -Commission to
advise the Council on:
(i) The prevention of wide, fluctuations in economic activity
and the promotion of full employment by the co-ordination
of national full employment policies and by international
action;
"(ii) Problems of the reconstruction of devastated areas and
other urgent problems arising from the war, with a view
to developing means of giving real help, which is so
necessary, to various Members of the United Nations whose
territories have been devastated by the enemy as a result
of occupation and war activities;
"(iii) The promotion of economic develment and progress with
special regard to the problems of less-developed areas.
/"In carrying E/CONF. 2/5
Page 3
"In carrying out the functions not forth above, the Commission
shall take account of the close relationship between the short-term
problems and the long-term objectives of an expanding and
integrated world economy."
2. Sub-Commission on Employment and Economic Stability
Terms of Reference:
"(i) To study national and international full employment
policies and fluctuations In economic activity;
"(ii) To analyze the causes of these fluctuations; and
"(iii) To advise the Commission on the most appropriate
methods of promoting full employment and economic
stability ."
B. The Economic and Employment Commission at Its First Session, 20 January
to 5 February 1947, considered the future work of its Sub-Commissions and
transmitted to its Sub-Commission on Employment and Economic Stability detailed
instructions on the work it was to do in the field of economic stability.
During its discussions the Commission had before it the Report of the First
Session of the Preparatory Committee of the ITO.
The Economic and Employment Commission, in accordance with the terms
of reference of the Sub-Commission, and taking into account the responsibilities
of various international agencies, instructed its Sub-Commission on Employment
and Economic Stability as follows:
1. To report to the Commission as early as possible on current world
economic-conditions and trends, giving particular attention to any
factors that are preventing, or are likely to prevent in the near
future,the maintenance of full employment and economic stability,
together with analyses indicating causal factors involved and
recommendations as to desirable action.
2. To report to the Commission at its early convenience on
(a) The preliminary views of the Sub-Commission concerning the
kinds of International action which are likely to be feasible and
of assistance in maintaining economic stability and full
employment. In this connection the Sub-Commission should beaer
in mind. the important lilnks between stability and development and
should examine such proposals as:
i) The concerted timing, to the extent which may be
appropriate and practicable in the interests of
employment policy, of national and International
measures to influence credit conditions and the terms
of borrowing;
/(ii) national Page 4 E/CONF.2/5
(ii) National or international arrangements, in suitable
Cases, to promote due estabilty in the real incomes
of producers of primary products, taking account both
of the interests of consumers and producers regardless
of country;
(iii) The timing, to the extent which may be approprite and
practicable in the interests of employment policy of
capital expenditures on projects which are either of
an international character or are internationally
financed; as well as the expanasion of investments in
less-developed countries as measures designed to
maintain stability of employment during perieds of
depression in more highly industrialized countries.
(b) Recommended methods and forms of reporting economic conditions
and trends, including the definition of specific information
to bo collected. In this oonnection, the Sub-Commission should,
In co-operations with the Secretariat, give consideration to
arrangements for the regular collection, analysis and exchange
of information on domestic employment problems, trends. and
policies, including as far as possible Information relating
to national income, demand, and balances of payments (including
method of presenting the multilateral aspects of balance of
payments problems).
(c) Any other matter which the Sub-Commission may feel should
be drawn to the attention of this Commission, including any
modifications of then instructions which it may wish to suggest.
C. At its Fourth Session, 28 February to 29 March 1947, the Economic
and Social Council noted with approval the instructions of the Economic
and Employment Commission to its Sub Commission on Employment and Economic
Stability, and requested the Economic and Employment Commission, among
other things:
"To initiate regular reports to the Council on world economic
conditions and trends, giving particular attention to any factors
that are preventing or are likely to prevent in the near future the
maintenance of full employment and economic stability, together with
analyses indicating the causal factors involved and recommendations
as to desirable action; and
"To consider and report to the Council as early as practicable
regarding the most appropriate form of international action to
maintain world full employment and economic stability, taking full
/account E/CONF.2/5
Page 5
account of any viows put forward by the International Labour
Organization, the international Monetary Fund, the International
Bank for Reconstruction and Development, the Food and Agriculture
Organization of the United Nations, the Interim Co-ordinating
Committee for International Commodity Arrangements, the Preparatory
Committee of the Trade and Employment Conference (particularly the
draft resolution on international action relating to employment
appearing in the report of the first session of this Committee), and
by non-governmental organizations in Category A in regard to questions
of particular concern to them, and bearing in mind that the action to
promote full employment when unemployment or under-employment result
from the lack of effective demand may differ from that which is
appropriate when, as in devastated areas or undeveloped or under-developed
countries, the obstacle Is the deficiency of certain factors such as
equipment, fuel and raw materials which are necessary to employ
productively the available supply of labour."
(Resolution No. 26 (IV) of the Economic and Social Council)
In addition, the Economic and Social Council requested the Secretary-
General, among other things, "to assume the responsibility, contemplated in
paragraph 2 of Section B of Part VI of the report of that Commission, for
drawing to the attention of the Commission and its Sub-Commission on
Employment and Economic Stability any economic situations which should
receive special consideration and, in particular, such developments as would,
in the opinion of the Secretary-General, justify the calling of a session
of the Economic and Employment Commission in accordance with its rules of
procedure." (Rosolution No. 26 (IV) of the Economic and Social Council),
D. The Economic and Employment Commission at its Second Session held in
June 1947 again emphasized the instructions it had previously transmitted to
the Sub-Commission on Employment and Economic Stability and passed on to it
a number of papers submitted to the Commission by delegations, Specialized
Agencies and Non-Governmental Organizations, on Economic Stability and Full
Employment for Its consideration at Its first session.
Because of organization difficulties the Sub-Commission has not been
able to meet and will not start its work until November 1947.
The Commission, at its Second Session, elected the following persons
to Its Sub-Commission on Employment and Economic Stability:
M. Belen of France
Alexander Danilov of the Union of Soviet Socialist Republics
Ragnar Frisch of Norway
R. F. Harrod of the United Kingdom
/Oscar Lange E/CONF. 2/5
page 6
Oscar Lange of Poland
Leslie G. Melville of Australia
Winfield Riefler of the United States of America
At its first session the Sub-Commission will consider the problem of
economic stability and full employment, and on the basis of papers prepared
by the Secretariat and the papers mentioned above, transmitted to it by the
Commission, will be considering possible recommendations to the Economic and
Employment Commission on international and rational action to achieve and
maintain full employment.
The Sub-Commission will also have before it several special studied
prepared by the Secretariat: a study entitled "Survey of Current
Inflationary and Deflationary Tendencies," a paper on problems of full
employment, and a paper on the interrelation of world economic stability
and the world food supply.
Any recommendations made by the Sub-Commlssion will be transmitted
to the Economic and Employment Commission which will consider them and is in
turn required to make recommendations to the Economic and Social Council
under the latter's Resolution No. 26 (IV), quoted in part above.
E. Within the United Nations secretariatt the Department of Economic
Affairs is responsible for analyses and reports to the Economic and Social
Council and its subsidiary organs, concerning full employment and economic "
stability. The Division of Economic Stability and Development of the
Secretariat has two sections concerned respectively with the problem of
economic stability, and with international commercial and financial relations.
in addition to specific reports on such topics as problems of economic
stability, balances of payments, foreign trade, etc., the Division
periodically prepared general surveys of world economic trends for the use
of the Economic and Social Council. In this connection it is pertinent to
point out a resolution adopted by the General Assembly at its second session
as follows:
"THE GENERAL ASSEMBLY
(1) NOTES WITH APPROVAL that the Economic and Social Council has
made arrangements for the initiation of regular reports to the
Council on world economic conditions and trends; and
(2) RECOMMENDS to the council
(a) That it consider a survey of current world economic
conditions and trends annually, and at such other intervals
as it considers necessary, in the light of its responsibility
under Article 55 of the Charter to promote the solution of
international economic problems, higher standands of livng,
/full employment, E/CONF. 2/5
Page 7
full employment, and conditions of economic and social
progress and development; and
(b) That such consideration include an analysis of the
major dislocations of needs and supplies in the world economy:
and
(c) That it make recommendations as to the appropriate
measurse to be taken by the General Assembly, the Members
of the United Nations, and the Specialized Agencies concerned;
(3) REQUESTS the Secretary-General to assist the Council and its
Subsidiary organs by providing factual surveys and analyses of
world economlc conditions and trends." |
|
GATT Library | ng184jd6302 | Draft resolution proposed by the Delegation of the United Kingdom | United Nations Conference on Trade and Employment, November 25, 1947 | 25/11/1947 | official documents | E/CONF.2/W.4, 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/ng184jd6302 | ng184jd6302_90180152.xml | GATT_150 | 108 | 724 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
RESTRICTED
E/CONF.2/W.4
25 November 1947
ORIGINAL: ENGLISH
DRAFT RESOLUTION PROPOSED BY THE
DELEGATION OF THE UNITED KINGDOM
THE CONFERENCE, noting with sympathy the desire of delegations of
countries not members of the United Nations to be accorded equal voting
rights with other delegations, but, considering that the decision of the
Economic and Social Council which was duly reported to the Assembly
of the United Nations cannot with propriety be set aside.
RESOLVES to interpret the Council's decision specifically as applying
only to formal decisions of the Conference taken by a roll call vote. |
|
GATT Library | dz540mv6075 | Draft rules of procedure | United Nations Conference on Trade and Employment, November 25, 1947 | 25/11/1947 | official documents | E/CONF.2/2/Rev.3 and E/CONF.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/dz540mv6075 | dz540mv6075_90040006.xml | GATT_150 | 2,148 | 13,669 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/2/Rev.3
ON DU 25 November 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
Representatives shall be duly accredited and may be accompanied by
as many alternate representatives, advisers, experts and persons of similar
The credentials of representatives and the names of other members of
delegations shall be submitted to the Executive Secretary without delay.
The oradentials may take the form of a documant signed by the Head of the
State or of a note issued by the Minister of Foreign Affairs or the
Provided that the chairman of the delegation in question has given written
notice to that effect to the Executive Secretary.
A Credentials Committee shall be appointed as soon as possible after
the Commencement of the conference. It shall consist of nine members who
shall be appointed by the Conference upon the proposal of the President.
The Committee shall examine the credentials of representatives and report
to the Conference upon them without delay.
Pending the decision of the Conference upon the report of the
Credentials Committee all representatives shall be entitled provisionally
to take their seats in the Conference.
The Conference shalI elect a President and seven Vice-Presidents from
the chairman of of the delegations. The Vice-Presidents shall be elected on
the basis of ensuring the representative character of the General Committee. E/CONF.2/2/Rev. 3
Page 2
Rule 8
If the President is absent from or is not presiding at a meeting or
any part thereof, a Vice-President nominated by him shall preside.
Rule 9
If the President ceases to be a representative of a delegation or is
so incapacitated that he can no longer hold office, a new President shall
be elected.
Rule 10
A Vice-President acting as President shall have the same powers and
duties as the President.
Rule 11
The President or a vice-President when acting as President shall
participate in the proceedings of the Conference as such and not as a
representative of a delegation.
CHAPTER IV - GENERAL COMMITTEE
Rule 12
There shall be a General Committee of eighteen members, no two of whom
shall be drawn from the same delegation, and which shall be so constituted
as to ensure its representative character. It shall comprise the President
of the Conference, the Vice-Presidents, the chairmen of the principal
committees of the Conference and the requisite number of other members elected
by the Conference. The President of the Conference or a Vice-President
appointed by him shall serve as Chairman of the General Committee.
Rule 13
If a member of the General Committee other than the chairmen of the
Principal committees finds it necessary to be absent during a meeting of
the Committee, he may designate a member of his delegation as his substitute.
A Chairman of a Committee shall, in case of absence, be represented by the
Vice-Chairman of that Committee. A Vice-Chairman shall not have the right
to vote if he is a member of the same delegation as another member of the
General Committee.
Rule 14
The General Committee shall assist the President in the general conduct
of the business of the Conference and in the co-ordination of the work of
the Committees.
CHAPTER V - SECETARIAT
Rule 15
The Executive Secretary shall act in that capacity at all meetings.
He may appoint another member of the Staff to take his place at any meeting.
/Rule 16 E/CONF.2/2/Rev.3
Page 3
Rule 16
The Executive Secretary shall provide and direct such staff as is
required by the Conference, shall be responsible for making all necessary
arrangements for meetings and generally shall perform all other work which
the Conference may require,
The Executive Secretary or his deputy may at any time with the consent
of the President or the chairman of the body concerned make oral or written
statements concerning an question under consideration.
CHAPTER VI - CONDUCT OF BUSINESS
RuIe 18
A quorum shall be constituted by a majority of the delegations to the
Conference.
Rule 19
In addition to exercising the powers conferred upon him elsewhere by
these rules, the President shall declare the opening and closing of each
plenary meeting of the Conference, and at such meetings shall direct the
discussions, accord the right to speak, put questions to the vote, announce
decisions, rule on points of order and, subject to these rules of procedure,
have complete control of the proceedings. The President may also call a
speaker to order if his remarks are not relevant to the subject under
discussion.
Rule 20
During the discussion of any matter a representative may raise a point
of order. In this case the President shall immediately state his ruling.
If his ruling is challenged, the President shall immediately submit it to
the Conference for decision and it shall stand unless over-ruled.
Rule 21
During the discussion of any matter a representative may move the
adjournment of the debate. Any such motion shall have priority. In addition
to the proposer of the motion, one representative may be allowed to speak
in favour of, and two representatives against the motion.
Rule 22
A representative may at any time move the closure of the debate whether
or not any other representative has signified his wish to speak. In addition
to the mover of the motion, not more than one representative may be granted
permission to speak in favour of the motion and not more than two
representatives may be granted permission to speak against the motion, after
which the motion shall be put to the vote immediately.
/Rule 23 E/CONF.2/2/Rev.3
Rule 23
During the course of a debate the President may announce the list of
Speakers and, with the consent of the Conference, declare the list closed.
He may, however, accord a right of reply to any representative if a speech
delivered after he has declared the list closed makes this desirable.
Rule 24
The Conference may limit the time allowed to each speaker.
Rule 25
Proposals and amendments shall normally be introuduced in writing and
handed to the Executive Secretary who shall circulate copies to all
representatives. No such proposal shall be discussed or put to the vote at
any meeting unless copies of it have been circulated to all representatives
not later than twelve hours before the commencement of the meeting. This
requirement may be waived by the Conference.
Rule 26
If two or more proposals are moved relating to the same question, the
Conference shall first vote on the most far-reaching proposal and then on
the next most far-reaching proposal and so on. The Conference shall, after
each vote, decide whether or not it wishes to vote on the next proposal. The
most far-reaching proposal means the proposal the adoption of which would
result in the greatest change from the existing situation. .
Rule 27
When an amendment is moved to a proposal, the amendmen shallpe put
to the vote first, and if it is adopted, the amended proposal s l thenbe
put to the vote.
Rule 28. B ,.i zi.''-
When tnfonceiore s are moved to a proosal, the Co4eC' shall
vote first on the amendment furthest removed in substance from the original
proposal, ehovndessary, on the awcdment xt furthest ~oqveh and so
on until all the amendments have been put to the vote,
Rule 29
The Coonference may, upon the suggestion of the President r a.
representative, decide to put a proposal or resolution to thevote in parts;.
If this is dol, the text resulting from the series of votes sha3 bput to
the vote as a whole,
CiPTER VII - VOTING
Decisions of the Conference shll be made by a maJority of the Members
Rules 30 to 33 inclusive will be further considered.
/of the United Nations E/CONF.2/2/Rev .3
of the United Nations present and voting.
Rule 31
For the purposes of these rules the phrase "Members present and voting"
means Members casting an affirmative or negative vote. Members which obstain
from voting shall be considered as not voting.
Rule 32
The Conferene hall normally vote by show of hand or by standing. If
any representative requests a roll call, a roll call shall be taken in the
English lphabetical order of the names of the Members.
After the President has announced the beginning of a vote, no
representative shall interrupt the vote except on a point of order in
Connection with the actual conduct of the vote.]
Rule 34
All elections shall be decided by secret ballot.
If, when only one person or state is to be elected, no candidate obtains
in the first ballot a maJority, a second ballot shall be taken, confined to
the two c.andi in the seconddates obtaining the largest number of votes If
ballot the are equally divided, the President shall decide between the
Cndidates by drawing lots.
Rule 36
When two or more elective places are to be filled at one time under he
same conditions, those candidates obtaining In the first ballot a majority
shall be elected,If the number of candidates obtaining such maJority
less than the number of persons or states to be elected, there shall be
additional ballots to fill the remaining places, the voting being restricted
to the candidates obtaining the greatest number of votes in the previous
ballot, the number of the candidates being not more than twice as many as
the places remaining to be filled.
RulF37
If a vote is equally divided upon matters other than elections, second
vote ShAll be taken at the next meeting,If this vote also results in
equality, the proposal shall be regarded as rejected.
CHAPTER VIII - LANGUAGES
Chinese, english, French,.ussian and Spanish shall be the official
lAguagesof the Conference, nglish and French shall be the working languages
Roes 30 to 33 inclusive,ill be further considerd.
/Rule 39 L /CONF.2/2/Rev.3
Page 6
Rule 39
Speeches made in either of the working languages shall be interpreted
Into the other working language.
Rule 40
Speeches made in any of the other three official languages shall be
Interpreted Into both working languages.
Rule 41
Any representative may make a speech in a language other than the
official languages. In this case he shall himself provide for interpretation
Into one of the working languages. Interpretation into the other working
language by an Interpreter of the Secretariat may be based on the
Interpretation given in the first working language.
CHAPTER IX - RECORDS
Rule 42
Verbatim records of the plenary meetings of the Conference and of the
meetings of its principal committees in the working languages shall be kept
by the Secretariat.
Rule 43
Summary records of the plenary meetings of the Conference and of the
meetings of its principal committees in the working languages shall be kept by
the Secretariat. They shall be sent as soon as possible to all representatives
who shall inform the Secretariat not later than twenty-four hours after the
circulation of the summary record of any change they wish to have made,
Rule 44
Sub-committees may decide upon the form of their records.
CHAPTER X - PUBLICITY OF MEETINGS
Rule 45
The plenary meetings of the Conference and the meetings of its
Committees shall be held in public or private as the body concerned may at
any time decide.
Rule 46
The meetings of sub-committees shall be held In private.
Rule 47 ;
to theAt the close of any private meeting the chairman, subject
concurrence of the body concerned, may issue a communique to the proe tough
the Executive Secretary.
HAP1ER XI - COMITTEES ND SUB-OMtTITEE
Rule 48
Such committees ad seb-committees as may eb necessary for the
p.erformance of the functions of the Conference may be established
Rule 49 E/CONF.2/2/Rev.3
Page 7
Rule 49
Each committee and sub-committee shall elect its own officers.
Rule 50
A chairman of a committee or a vice-chairman when acting as chairman
shall participate in the proceedings of the committee as such and not as
a representative of a delegation.
The provisions of rules 19 to 37 shall be applied In the proceedings
of committee and sub-committees.
Rule 52
A maJority of the representatives upon a committee or sub-committee shall
constitute a quorum.
Rule 53
Committees and sub-committees may, by agreement, decide to adopt rules
of procedure regarding interpretations or translations of a more simple
character than those laid down in these rules.
CHAPTER XXI - PARTICIPATION OF THE SPECIALIZED AGENCIES
AND NON-GOVERNMENTAL ORGANIZATIONS
Rule 54
Representatives of the specialized agencies may participate without
vote in the work of the Conference in accordance with the agreements of
relationship concluded between them and the Economic and Social Council.
Rule 55
The Conference shall accord to non-governmental organizations approVed
by the Economic and Social Council the same rights and privileges as are
accorded to them by the Council itself.
CHAPTER XIII - AMENDMENTS
Rule 56
These Rules of Procedure may be amended by a decision of the Conference
after a committee has reported on the proposed amendment. |
|
GATT Library | py387ym3024 | Draft rules of procedure | United Nations Conference on Trade and Employment, November 21, 1947 | United Nations Conference on Trade and Employment | 21/11/1947 | official documents | E/CONF.2/2/Rev.1 and E/CONF.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/py387ym3024 | py387ym3024_90040004.xml | GATT_150 | 0 | 0 | |
GATT Library | vc266bt1900 | Draft rules of procedure | United Nations Conference on Trade and Employment, October 27, 1947 | 27/10/1947 | official documents | E/CONF.2/2 and E/CONF.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/vc266bt1900 | vc266bt1900_90040003.xml | GATT_150 | 2,177 | 14,318 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/2
ON DU 27 October 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
DRAFT RULES OF PROCEDURE
CHAPTER I - AGENDA
Rule 1
The Conference may amend the agenda at any time or give priority to
certain items.
CHAPTER II - REPRESENTATION AND CREDENTIALS
Rule 2
Delegations shall consist of not more than five duly accredited
representatives and five alternate representatives and us many advisers,
experts and persons of similar status as may be required.
The credentials of representatives and the names other members of
delegations shall be submitted to the Executive Secretary without delay.
The credentials may take the form of a document signed by the Head of the
State or of a note signed by the Minister for Foreign Affairs or the
prlncipal resident representative to the United Nations.
Rule 4
Upon written notice to the Executive Secretary by the chairman of the
delegations an alternate representative may act as a representative.
Credentials Committee shall be appointed as soon as possible after
the commencement of the Conference. It shall consist of nino members
who shall be appointed by the Conference upon the proposals of the
President. The Committee shall examine the credentials of representatives
and report to the Conference upon them without delay.
Rule 6
Pending the decision of the Conference upon the report of the
Credentials Committee all representatives shall be entitled provisionally
to take their seats in the Conference.
CHAPTER III- OFFICERS
Rule7
The Conference shall elect a President and five Vice-Presidents from
the chairman of the delegations. The Vice-Presidents shall be elected on
the basis of ensuring the representative character of the General
Committe. /Rule 8 E/CONF.2/2
Page 2
Rule 8
If the President is absent from a meeting or any part thereof,
a Vice-President nominated by him shall preside.
Rule 9
If the President deases to be a reprsentative of a.delegation
or is so incapacitated that he can no Ionger hold office, a new President
shall be elected.
Rule 10
A Vice-President acting as President shall have the same powers and
duties as the President.
Rule 11
The President or a Vice-President acting as President shall
participate in the proceedings of the Conference as such and not as a
representative of a delegation.
CHAPTER IV - GENERAL COMMITTEE
Rule 12
There shall be a General Committee of twelve members, no two of
whom shall be drawn from the same delegation, and which shall be so
constituted as to ensure its representative character. It shall comprise
the President of the Conference who shall preside the Vice-Presidents
and the Chairmen of the principal committees of the Conference.
Rule 13
If a Vice-President of the Conference finds it necessary to be
absent during a meeting of the General Committee, he may designate a
member of his delegation as his substitute. A Chairman of a Committee
shall, in case of absence be represented by the Vice-Chairman of that
Committee. A Vice-Chairman shall not have the right to vote if he is
of the same nationality as another member of the General Committee.
Rule 14
The General Committee shall assist the President in the general
conduct of the business of the Conference and in the co-ordination of
the work of the Committees.
CHAPTER V - SECRETARIAT
The Executive Secretary schall act in that capacity at all meetings.
He may appoint another member of the staff to take his place at cni lane at ay
meeting.
Rule 16
ve Secretary shall provide vjbuirect such 4eSecetarlsy sh81roviand distaff as rsect such 'i
required by the Ccesonference, shall be responsible for making all nesary
arraotngr ements fchor meetings and generally shall perform hework whi
/teConcfeno E/CONF. 2/2
Page 3
the Conference may require.
Rule 17
The Executive Secretary or his deputy may at any time make oral or
written statements Concerning any question under consideration.
CHAPTER VI - CONDUCT OF BUSINESS
A majority of the states entitled to vote in the Conference shall
constitute a quorum.
Rule 19
In addition to exercising the powers conferred upon him elsewhere by
these rules, the President shall declare the opening and closing of
each plenary meeting of the Conference, and at such meetings shall direct
the discussions, accord the right to speak, put questions to the vote,
announce decisions, rule on points of order and, subject to these rules of
procedure, have complete control of the proceedings. The President may
also call a speaker to order if his remarks are not relevant to the
subject under discussion.
Rule 20
During the discussion of any matter a representative may maise a
point of order. In this case the President shall immediately state his
ruling. If his ruling is challenged, the President shall immediately
submit it to the Conference for decision and it shall stand unless
overruled.
Rule 21
During the discussion of any matter a representative may move the
adjournment of the debate. Any such motion shall have priority. In
addition to the proposer of the motion, one representative may be allowed
to speak in favour of, and two representatives against, the motion.
Rule 22
A representative may at any time move the closure of the debate
whether or not any other representative has signified his wish to speak.
In addition to the mover of the motion, not more than one representative
may be granted permission to speak in favour of the motion and not more
than two representatives may be granted permission to speak against the
motion, after which the motion shall be put to the vote immediately.
Rule 23
During the course of a debate the President may announce the list of
speakers and, with the consent of the Conference, declare the list closed.,
He may, however, accord a right of reply to any representative if a speech
delivered after he has declared the list closed makes this desirable.
/Rule 24 E/CONF. 2/2
Page 4
Rule 24
The Conference may limit the time allowed to each speaker.
Rule 25
Proposals and amendments shall normally be introduced in writing and
handed to the Executive Secretary who shall circulate copies to all
representatives. As a general rule any such proposal shall not be
discussed or put to the vote at any meeting unless copies of it have been
circulated to all representatives not later than twelve hours before the
commencement of the meeting. This requirement may be waived at the
discretion of the President or the Chairman concerned.
Rule 26
If two or more proposals are moved relating to the same question,
the Conference shall first vote on the most far-reaching proposal and
then on the next most far-reaching proposal and so on. The Conference
shall, after each vote, decide whether or not it wishes to vote on the
next proposal. The most far-reaching proposal means the proposal the
adoption of which would result in the greatest change from the existing
situation.
Rule 27
When an amendment is moved to a proposal, the amendment shall be
put to the vote first, and if it is adopted, the amended proposal, shall
then be put to the vote.
Rule 28
When two or more amendments are moved to a proposal, the Conference
shall vote first on the amendment furthest removed in substance from
the original proposal, then, if necessary, on the amendment next furthest
removed, and so on until all the amendments have been put to the vote,
Rule 29
The Conference may, at the request of a representative, decide to
put a proposal or resolution to the vote in parts. If this is done, the
text resulting from the series of votes shall be put to the vote as a
whole.
CHAPTER VII - VOTING
Rule 30
Decisions of the Conference shall be made by a majority of the
Members of the United Nations present and voting.
Rule 31
For the purposes of these rules the phrase "Members present and
voting" means Members casting an affirmative or negative vote. Members
which abstain from voting shall be considered as not voting.
/Rule 32 E/CONF.2/2
Rule 32
The Conference shall normally vote by show of hands. If any
representative requests a roll call, a roll call shall be taken in the
English alphabetical order of the names of the Members.
Rule 33
After the President has announced the beginning of a vote, no
representative shall interrupt the vote except on a point of order in
connection with the actual conduct of the vote. Explanations of their
votes by representatives may, however, be permitted by the President
either before or after the vote.
Rule 34
All elections a shall be decided by secret ballot.
Rule 35
If, when only person or state is to be elected, no candidate obtains
in the first ballot the necessary majority, a second ballot shall be
taken, confined to the candidates obtaining the largest number of votes.
If in the second ballot the votes are equally divided, the President
shall decide between the candidates by drawing lots.
Rule 36
When two or more elective places are to be filled at one time under
the same conditions, those candidates obtaining in the first ballot the
required majority shall be elected. If the number of cadidates obtaining
such majority is less than the number of persons or states to be elected,
there shall be additional ballots to fill the remaining places, the
voting being restricted to the candidates obtaining the greatest number
votes in the previous ballot, the number of the candidates being not
more than twice as many as the places remaining to be filled.
Rule 37
If a vote is equally divided upon matters than elections, a second
vote shall be taken at the next meeting. If this vote also results in
equality, the proposal shall be regarded as rejected.
CHAPTER VIII - LANGUAGES
Rule 38
Chinese, English, French, Russian and Spanish shall be the official
languages of the Conference. English and French shall be the working
languages
Rule 39
Speeches made in either of the Working languages shall be
interpreted into the other working language.
/Rule 40 E/CONF. 2/2
Page 6
Rule 40
Speeches made in any of the other three official languages shall be
interpreted into both working languages.
Rule 41
Any representative may make a speech in a language other than the
official languages. In this case he shall himself provide for
interpretation into one of the working languages. Interpretation into
the other working language by an interpreter of the Secretariat may be
based on the interpretation given in the first working languages.
CHAPTER IX - RECORDS
Rule 42
Verbatim records of the plenary meetings of the Conference and of the
meetings of its principal committees in the working languages shall be
kept by the Secretariat
Rule 43
Summary records of the plenary meeting of the Conference and of the
meetings of its principal committees in the working languages shall be
kept by Secretariat. They shall be sent as soon as possible to all
representatives who shall inform the Secretariat not later than
twenty-four hours after the circulation of the summary record of any
changes they wish to have made.
Rule 44
Sub-Committees may decide upon the form of their records,
CHAPTER X - PUBLICITY OF MEETINGS
Rule 45
The plenary meetings of the Conference and the meetings of its
Committees shall be held in public unless the body concerned decides that
exceptional circumstances required that a particular meeting be held in
private.
Rule 46
The meetings of sub-committees shall be held in private.
Rule 47 :
At the close of any private meeting the chairman of the body
concernedmay issue a communique to thepress throughtheExceutive
Secretary. .
CHAPTER XI- COMMITTEES AND SUB-COMMITTEES
Rule 48
Such committees and sub-committees as may be necessary for the
performance of the functions of the Conference may be established.
Rule 49
Each committee and sub-committee shall elect its own officers.
/Rule 50 E/CONF. 2/2
Page 7
Rule 50
A Chairman of a Committee or a Vice-Chairman acting as Chairman
shall participate in the proceedings of the Committee as such and not as
a representative of a delegation.
Rule 51
The provisions of rules 19 to 36 shall. be applied in the proceedings
of committees and sub-committees.
Rule 52
A majority of the representatives upon a committee or sub-committee
shall constitute a quorum.
Rule 53
Committee and sub-committees may, by agreement, decide to adopt
rules of procedure regarding interpretations or translations of a more
simple character than those laid down in these rules.
CHAPTER XII - PARTICIPATION OF THE SPECIALIZED
AGENCIES AND NON-GOVERNMENTAL ORGANIZATIONS
Rule 54
Representatives of the specialized agencies may participate without
vote in the work of the Conference in accordance with the agreements of
relationship concluded between them and the Economic and Social Council.
Rule 55
The Conference shall accord to non-governmental organizations
approved by the Economic and Social Council the same rights and privileges
as are accorded to them by the Council itself.
CHAPTER XIII - AMENDMENTS
Rule 56
These RuIes of Procedure may be amended by a decision of the
Conference after a committee has reported on the proposed amendment. |
|
GATT Library | wz896dx7380 | Draft rules of procedure | United Nations Conference on Trade and Employment, November 21, 1947 | United Nations Conference on Trade and Employment (1947-1948 : Havana, Cuba) | 21/11/1947 | official documents | E/CONF.2/2/Rev.1 and E/CONF.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/wz896dx7380 | wz896dx7380_90040004.xml | GATT_150 | 2,193 | 14,367 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE
ON DU 21 November 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
DRAFT RULES OF PROCEDURE
CHAPTER I - AGENDA
Rule 1
The Conference may amend the agenda at any time or give priority to
CHAPTER II - REPRESENTATION AND CREDENTIALS
Rule 2
Representatives shall be duly accredited and may be accompanied by as
many alternate representatives, advisers, experts and persons of similar
Rule 3 The credentials of representatives and the names of other members of
delegations shall be submitted to the Executive Secretary without delay.
The credentials may take the form or a document signed by the Head of the
State or of a note signed by the Minister for Foreign Affair or the principal
resident representative to the United Nations.
Rule 4 Upon written notice to the Executive Secretary by the chairman of the
delegation an alternate representative may act a s representatives
Rule 5 A Credentials Committee shall be appointed as soon as possible after
the commencement of the Conference. It shall consist of nine members who
shall be appointed by the Conference upon the proposal of the President.
The Committee shall examine the credentials of representatives an report to
the Conference upon them without delay.
Rule 6
Pending the decision of the Conference upon the report of the Credentials
Committee all representatives shall be entitled provisionally to take their
seats in the Conference.
The Conference shall elect a President and five Vice-Presidents from
the chairman of the delegations. The Vice-Presidents shall be elected
/the basis E/CONF. 2/2/Rev .1
Page 2
the basis on ensuring the representative character of the General Committee.
Rule 8
If the President is absent from a meeting or any part thereof, a Vice-
President nominated by him shall preside.
Rule 9
If the President ceases to be a representatives of a delegation or is so
incapacitated that he can no longer hold office, a new President shall be
elected.
Rule 10
A Vice-President acting as President shall have the same powers and
duties as the President.
Rule 11
The President or a Vice-President acting as President shall participate
in the proceedings of the Conference as such and not as a representative of
a delegation.
CHAPTER IV - GENERAL COMMITTEE
Rule 12
There shall be a General Committee of sixteen members, no two of whom
shall be drawn from the same delegation, and which shall be so constituted
as to ensure its repesentative character. It shall comprise the President
of the Conference who shall preside, the Vice-Presidents, the chairman of
the principal committees of the Conference and four other members elected
by the Conference. k ad
Rule 13
Vice-Ifasidsieait tof Goh ereCccnfinds itinn necessary te o ba bsentpeong
meeting of the General-Committee, he may designate a member of his
delegation as his substitute. A chairman of a Committee shall, in case of
absence, be represented by the Vice-Chairman of that Committee.A Vice-
Chairman shall nothave the right to voteif he is of the same nationality
as another member of the of the Geommittee.al Cee.
Rule 14
Teral committee maieeQ shall assist tident in the general conducceral t
of the business of the Conference and cinordination the o-of the work of orl,..Q
the Committees.
NOMINATIONS COMMITTEE
Ruel 15
:>.;j~i d'
Thare sball bes appointed by Committee of ts appointed byQint.>>by
tshalaesidens end over bydtevshall him. The Nominationse shallte aq2l
entseanotoethece recommendations andlons regarding thesidents and e
cted members of the General Committee chitte. ll also prese E/CONF. 2/2/Rev. 1
Page 3.
committee-recommendations regarding its office bearers.
CHAPTER VI - SECRETARIAT
Rule 16
The Executive Secretary shall act in that capacity at all meetings. He
may appoint another member of the staff to take his place at any meeting.
The Executive Secretary shall provide and direct much staff as is
required by the Conference, shall be responsible for making all necessary
arrangements for meetings and generally shall perform all other work which
the Conference may require,
Rule 18 The Executive Secretary or his deputy my at any tlme make oral or
written statements concerning any question under consideration.
CHAPTER VII -- CONDUCT OF BUSINESS
Rule 19 A majority of the states entitled to vote in the Conference shall
constitute a quorum.
Rule 20
In addition to exercising the powers conferred upon him elsewhere by
these rules, the president shall declare the opening and closing of each
plenary meeting of the Conference, and at such meetings shall direct the
discussions, accord the right to to speak, put questions to the vote, announce
ondecisions, rule points of order and, subject to these rules of procedure,
have complete control of the proceedings. The President may also call a
During the discussion of any matter a representative raise point
this case order. the President shall immediately statrueing. his l
If his ruling is challenged, the President shall immediately submit it to
the Conference for decision and it shall stand unless overruled.
During the discussion of any matter a representative may move the
adjournment of the debate, Any such motion shall have priority. In addition
to the proposer of the motion one representatives may be allowed to speak
in favour of, and two Q!'.representatives against the mo.tion
Rule 23
A representative may at any time move the closure of the debate whether
or not any other representative has signified whis ish to speak.. In addition
to the moven of not more than one representative may be granted
permission s to peak in favour of the motion and not more the two E/CONF.2/2/Rev .1
Page 4
representatives may be granted permission to speak against the motion, after
which the motion shall be put to the vote immediately.
Rule 24
During the course of a debate the President may announce the list of
speakers and, with the consent of the Conference, declare the list closed.
He may, however, accord a right of reply to any representative if a speech
delivered after he has declared the list closed makes this desirable.
Rule 25.
The Conference may limit the time allowed to each speaker.
Rule 26
Proposals and amendments shall normally be introduced in writing and
handed to the Executive secretary who shall circulate copies to all
representatives. As a general rule any such proposal shall not be discuseed
or put to the vote at any meeting unless copies of it have been circulated
to all representatives not later than twelve hours before the commencement
of the meeting. This requirement may be waived at the discretion of the
President.
Rule 27
If two or more proposals are moved relating to the same question, the
Conference shall first vote on the most far-reaching proposal and then on
the next most far-reaching proposal and so on. The Conference shall, after
each vote, decide whether or not it wishes to vote on the next proposal
The most far-reaching proposal means the proposal the adoption of Which
would result in the greatest change from the existing situation.
Rule 23
When an amendment is moved to a proposal, the amendment shall be put to
the vote first, and if it is adopted, the amended proposal shall then be
put to the vote.
Rule 29
When two or more amendments are moved to a proposal, the Conference
shall vote first on the amendment furthest removed in substance from the
original proposal, then, if necessary, on the amendment next furthest
removed, and so on until all the amendments have been put to the vote.
Rule 30
The Conference may, at the request of a representative, decide to put
a proposal or resolution to the vote in parts. If this is done, the text
resulting from the series of votes shall be put to the vote as a whole.
CHAPTER VIII - VOTING
Rule 31
Decisions of the Conference shall be made by a majority of the Members
of the United Nations present and voting.
/Rule 32 E/CONF.2/2/Rev.1Page 5
Rule 32
For the purposes of these rules the phrase "Members present and voting"
means Members casting an affirmative or negative vote. Members which abstain
from voting shall be considered as not voting.
Rule 33
The Conference shall normally vote by show of hands. If any
representative requests a roll call, a roll call shall be taken in the English
alphabetical order of the names of the members.
Rule 34
After the President has announced the beginning of a vote, no
representative shall interrupt the vote except on a point of order in
connection with the actual conduct of the vote. Explanations of their votes
by representatives may, however, be permitted by the President either before
or after the vote.
Rule 35All elections shall be decided by secret ballot.
Rule 36 If, when only one person or state is to be elected, no candidate obtains
in the first ballot the necessary majority, a second ballot shall be taken,
confined to the candidates obtaining the largest number of votes. If in
the second ballot the votes are equally divided, the President shall decide
between the candidates by drawing lots.
Rule 37When two or more elective places are to be filled at one time under the
same conditions, those candidates obtaining in the first ballot the required
majority shall be elected. elected. If the number of candidates obtaining such
m is less than the number of persons or states to be elected, there
shall be additional ballots to fill the remaining places, the voting being
restricted to the candidates obtaining the greatest number oin the
sreviouS ballot, the number of the candidates being not more than awice As
many as the places remaining to be filled.
Rule 38
If a vote is equally divided upon matters than elections, a second vote
shall be taken the next meeting. If this vote also results in equality,
tha proposal shall be regardej as reJected.
CHAPTER IX LANGUAGES
Rule 39
Chinese, English French, Russian and Spanish shall be the official
languages of the Conference. English and French shall be the working
languages. E/CONF.2/2/Rev.1
Page 6
Rule 40
Speeches made in either of the working languages shall be interpreted
into the other working language.
Rule 41
Speeches made in any of the other three official languages shall be
Interpreted into both working languages.
Rule 42
Any representative may make a speech in a language other than the
official language. In this case shall himself provide for interpretation
into one of the working languages. Interpretation into the other working
language by en interpreter of the Secretariat may be based on the
Interpretation given in the first working languages.
CHAPTER X -RECORDS
Rule 43
Verbatim records of the plenary meetings of the Conference and of the
meetings of its principal committees in the working language shall be kept
by the Secretariat.
Rule 44
Summary records of the plenary meetings of the Conference and of the
meetings of its principal committees in the working lanquages shall be kept
by the Secretariat. They shall be sent as soon as possible to all
representatives who shall inform the Secretariat not later than twenty-four
hours after the circulation of the summary record of any changes they wish
to have made.
Rule 45
Sub-Committees may decide upon the form of their records.
CHAPTER XI - PUBLICITY OF MEETINGS
Rule 46
The plenary meetings of the Conference and the meetings of its
Committees shall be hold in public unless the body concerned decides that
exceptional circumstances require that a particular meeting be held in
private.
Rule 47
The meetings of sub-committees shall be held in private.
Rule 48
At the close of any private meeting the chairman of the body concerned
may issue a communiquT to the press through the Executive Secretary.
CHAPTER XII - COMMITTEES AND SUB-COMMITTEES
Rule 49
Such committees and sub-committees as may be necessary for the
performance of the functions of the Conference may be established.
/Rule 50 E/CONF. 2/2/Rev. 1
Page 7
Rule 50
Each committee and sub-committee shall elect its own officers.
Rule 51
A chairman of a committee or a vice-chairman acting as chairman shall
participate in the proceedings of the committee as such and not as a
representative of a delegation.
Rule 52
The Provisions of rules 20 to 38 shall be applied in the proceedings of
committees and sub-committees.
Rule 53
A majority of the representatives upon a committee or sub-committee
shall constitute a quorum.
Rule 54
Committees and sub-committees may, by agreement, decide to adopt rules
of procedure regarding interpretations translations of a more simple
character than those laid down in these rules.
CHAPTER XIII - PARTICIPATION OF THE SPECIALIZED AGENCIES
AND NON-GOVERNMENTAL ORGANIZATIONS
Rule 55
Representatives of the specialized agencies may participate without
vote in the work of the Conference in accordance with the agreement of
relationship concluded between them and the Economic and Social Council.
Rule 56
The Conference shall accord to non-governmental organizatiors approved
by the Economic and Social Council the same rights and privileges an are
accorded to them by the Council itself.
CHAPTER XIV - AMENDMENTS
Rule 57
These Rules of Procedure may be amended by a decision of the Conference
after a committee has reported on the proposed amendment. |
GATT Library | xk402ww2799 | Draft rules of procedure as proposed by the Sub-Committee on procedure (the Delegates of Norway, Canada, Iran, Mexico and the Philippines) | United Nations Conference on Trade and Employment, November 23, 1947 | 23/11/1947 | official documents | E/CONF.2/2/Rev.2 and E/CONF.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/xk402ww2799 | xk402ww2799_90040005.xml | GATT_150 | 2,343 | 14,623 | United Nations Nations Unies UNRESTRICTED E/CONF.2/2/Rev.2
CONFERENCE CONFERENCE 23 November 1947
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL :ENGLISH
DRAFT RULES OF PROCEDURE AS PROPOSED BY THE SUB-COMMITTEE
ON PROCEDURE (THE DELEGATES OF NORWAY,
CANADA, IRAN, MEXICO AND THE PHILIPPINES)
CHAPTER I - AGENDA
Rule 1
The Conference may amend the agenda at any time or give priority to
certain items.
CHAPTER II - REPRESENTATION AND CREDENTIALS
Rule 2
Repreasentatives shall be duly accredited and may be accompanied by
as many alternate representatives, advisers, experts and persons of similar
status as may be required.
Rule 3
The credentials of representatives and the names of other members of
delegations shall be submitted to the Executive Secretary without delay.
The credentials may take the form of a document signed by the Head of the"
State or of a note [signed] issued by the Minister of Foreign Affairs or
the principal resident representative to the United Nations.
Rule 4
[Upon written notice to the Executive Secretary by the chairman of the
delegation] An alternate representative may at any time act as a representative
provided that the chairman of the delegation in question has given written
notice to that effect to the Executive Secretary.
Rule 5
A Credentials Committee shall be appointed as soon as possible after
the commencement of the Conference. It shall consist of nine members who
shall be appointed by the Conference upon the proposal of the President,
The Committee shall examine the credentials of representatives and report
to the Conference Upon them without delay.
Rule 6
Pending the decision of the Conference upon the report of the Credentials
Committee all representatives shall be entitled provisionally to take their
seats in the Conference.
/CHAPTER III E/CONF.2/2/Rev. 2
Page 2
CHAPTER III - OFFICERS
Rule 7
The Conference shall elect a President and five Vice-Presidents from
the chairmen of the delegations. The Vice-Presidents shall be elected on
the basis of ensuring the representative character of the General Committee.
Rule 8
If the President is absent from or is not presiding at a meeting or
any part thereof, a Vice-President nominated by him shall preside.
Rule 9
If the President ceases to be a representative of a delegation or is
so incapacitated that he can no longer hold office, a new President shall
be elected.
Rule 10
A Vice-President acting as President shall have the same powers and
duties as the President.
The President or a Vice-President when acting as President shall
participate in the proceedings of the Conference as such and not as a
representative of a delegation.
CHAPTER IV - GENERAL COMMITTEE
Rule12
There shall be a General Committee of sixteen members, no two of whom
shall be drawn from the same delegation, and which shall be so constituted
as to ensure its representative character. It shall comprise the President
of the Conference [Who shall preside], the Vice-Presidents, the chairmen of
the principal committees of the Conference and [four] the requisite number of
other members elected by the Conference. The President of the Conference or
a Vice-President appointed by him shall serve as Chairman of the
General Committee.
If a [Vice-President of the Conference] member of the General Committee
other than the Chairmen of the principal committees finds it necessary to
be absent during a meeting of the [General] Committee, he may designate a
member of his delegation as his substitute. A Chairman of a Committee shall,
in case of absence, be represented by the Vice-Chairman of that Committee.
A Vice-Chairman shall not have the riGt to vote if he is [of the same
nationality] a member of the same delegation as another member of the
General Committee.
/Rule 14 Page 3
Rule 14
The General Committee shall assist the President in the general conduct
of the business of the Conference and in the co-ordination of the work of
the Committees.
[CHAPTER V - NOMINATIONS COMMITTEE]
[There shall be a Nominations Committee of twelve members appointed by
the President and presided over by him. The Nominations Committee shall
present to the Conference recommendations regarding the Vice-Presidents and
the elected members of the General Committee. It shall also present to each
committee recommendations regarding its office bearers.]
The Executive Secretary shall act in that capacity at al meetings.
He may appoint another member of the staff to take his place at any meeting.
Rule [17] 16
The Executive Secretary shall provide and direct such stuff as is
requested by the conference, shall be responsible for making all necessary
Rule [18] 17
The Executive secretary or his deputy may at any time with the consent
of the President or the chairman of the body concerned make oral or written
statements concerning any question under consideration.
[A majority of the states entitled to vote in the Conference shall
constitute] A quorum shall be constituted by a majority of the delegations
In addition to exercising the powers conferred upon him elsewhere by
these rules, the president shall declare the opening and closing of each
plenary meeting of the Conference, and at such meetings shall direct the E/CONF.2/2/Rev.2
Page 4
Rule [21] 20
During the discussion of any matter a representative may raise a point
of order. In this case the President shall immediately state his ruling.
If his ruling is challenged, the President shall immediately submit it to
the Conference for decision and it shall stand unless over-ruled.
Rule [22] 21
During the discussion of any matter a representative may move the
adjournment of the debate. Any such motion shall have priority. In
addition to the proposer of the motion, one representatives may be allowed
to speak in favour of, and two representatives against the motion.
Rule [23] 22
A representative may at any time move the closure of the debate
whether or not any other representative has signified his wish to speak.
In addition to the mover of the motion, not more than one representatives
may be granted permission to speak in favour of the motion and not more
than two representatives may be granted permission to speak against the
motion, after which the motion shall be put to the vote immediately.
Rule [24] 23
During the course of a debate the President may announce the list of
speakers and, with the consent of the Conference, declare the list closed.
He may, however, accord a right of reply to any representative if a speach
delivered after he has declared the list closed makes this desirable.
Rule [25] 24
The Conference may limit the time allowed to each speaker.
Rule [26] 25
Proposals and amendments shall normally be introduced in writing and
handed to the Executive Secretary who shall circulate copies to all
representatives. [as a general rule] Any such proposal shall not be
discussed or put to the vote at any meeting unless copies of it have been
circulated to all representatives not later than twelve hours before the
commencement of the meeting. This requirement may be waived [at the
discretion of] by the [President] Conference.
Rule [27] 26
If two or more proposals are moved relating to the same question, the
Conference shall first vote on the most far-reaching proposal and then on
the next most far-reaching proposal and so on. The Conference, shall, after
each vote, decide whether or not it wishes to vote on the next proposal.
The most far-reaching proposal means the proposal the adoption of which
would result in the greatest change from the existing situation.
\Rule [28] 27 E/CONF.2/2/Rev.2
Page 5
Rule [28] 27
When an amendment is moved to a proposal, the amendment shall be put
to the vote first, and if it is adopted, the amended proposal shall then
be put to the vote.
Rule [29] 28
When two or more amendments are moved to a proposal, the Conference
shall vote first on the amendment furthest removed in substance from the
Original proposal, then, if necessary, on the amendment next furthest
removed, and so on until all the amendments have been put to the vote.
Rule [30] 29
The Conference may, [at the request of] upon the suggestion of the
President or a representative, decide to put a proposal or resolution to
the vote in parts. If this is done, the text resulting from the series
of votes shall be put to the vote as a whole.
CHAPTER [VIII] VII - VOTING
Rule [31] 30
Decisions of the Conference shall be made by a majority of the Members
of the United Nations present and voting.
Rule [32] 31
For the purposes of these rules the phrase "Members present and
voting" means Members casting an affirmative or negative vote. Members
which abstain from voting shall be considered as not voting.
Rule [33] 32
The Conference shall normally vote by show of hands or by standing.
If any representative requests a roll call, a roll call shall be taken
in the English alphabetical order of the names of the Members.
Rule [34] 33
After the President has announced the beginning of a vote, no
representative shall interrupt the vote except on a point of order in
connection with the actual conduct of the vote. Explanation of their
votes by representatives may, however, be permitted by the President
either before or after the [vote] voting.
Rule [35] 34
All elections shall be decided by secret ballot.
Rule [36] 35
If, when only one person or state is to be elected, no candidate
obtains in the first ballot [the necessary] a majority, a second ballot shall
be taken, confined to the two candidates obtaining the largest number of
votes. If in the second ballot the votes are equally divided, the President
shall decide between the candidates by drawing lots. E/CONF. 2/2/Rev.2
Page 6
Rule [37] 36
When two or more elective places are to be filled at one time under
the same conditions, those candidates obtaining in the first ballot [the
re .ired] a majority shall be elected. If the number of candidates obtaining
such majority is less than the number of persons or states to be elected,
there shall be additional ballots to fill the remaining places, the voting
being re'tirl ted to the candidates obtaining the greatest number of votes
in the previous ballot, the number of the candidates being not more than
twice as many as the places remaining to be filled.
Rule [38] 37
If a vote is equally divided upon matters other than elections, a
Second vote shall be taken at the next meeting. If this vote also results
in equality, the proposal shall be regarded as rejected.
CHAPTER [IX] VIII - LANGUAGES
Chinese, English, French, Russian and Spanish shall be the official
languages of the Conference. English and French shall be the working
languages.
Rule [40] 39
Speeches made in either of the working languages shall be interpreted
into the other working language.
Rule [41] 40
Speeches made in any of the other three official languages shall be
Interpreted into both working languages.
Rule [42] 41
Any representative may make a speech in a language other than the
official languages. In this case he shall himself provide for interpretation
into one of the working languages. Interpretation into the other working
language by an interpreter of the Secretariat may be based on the
Interpretation given in the first working language.
CHAPTER [X] IX - RECORDS
Rule [43] 42
Verbatim records of the pionary meetings of the Conference and of
the meetings of its principal committees in the working languages shall
be kept by the Secretariat.
Rule [44] 43
Summary records of the plenary meetings of the Conference and of the
meetings of its principal committees in the working languages shall be
kept by the Secretariat. They shall be sent as soon as possible to all
representatives who shall inform the Secretariat not later than twenty-four
/hours after E/CONF.2/2/Rev.2
Page 7
hours after the circulation of the summary record of any changes they wish
to have made.
Rule [45] 44
Sub-committee may decide upon the form of their records.
CHAPTER [XI] X - PUBLICITY OF MEETGINGS
The plenary meetings of the Conference and the meetings of its
Committees shall be held in public or in private [unless] as the body
Concerned [decides that exceptional circumstances require that a particular
meeting be held in private] may at any time decide.
Rule [47] 46
The meetings of sub-committees shall be held in private.
Rule [48] 47
At the close of any private meeting the chairman, subject to the
concurrence of the body concered, may issue a communiqué to the press
through the Executive Secretary.
CHAPTER [XII] XI - COMMITTEES AND SUB-COMMITTEES
Rule [49] 48
Such committees and sub-committees as may be necessary for the
Performance of the functions of the Conference may be established.
Rule [50] 49
Each committee and sub-committee shall elect its own officers.
Rule [51] 50
A chairmen of a committee or a vice-chairman when acting as chairman
shall participate in the proceedings of the committee as such and not as
a representative of a delegation.
Rule [52] 51
The provisions of rules 19 to 37 shall be applied in the proceedings
of committees end sub-committees.
Rule [53] 52
A majority of the representatives upon a committee or sub-committee
shall constitute a quorum.
Rule [54] 53
Committee and sub-committees may, by agreement, decide to adopt
rules of procedure regarding interpretations or translations of a more
simple character than those laid down in these rules.
CHAPTER [XIII] XII - PARTICIPATION OF THE SPECIALIZED AGENCIES
AND NON-GOVERNMENTAL ORGANIZATIONS
Rule [55] 54
Representatives of the specialized agencies may participate without
vote in the work of the Conference in accordance with the agreements of
/relationship E/CONF.2/2/Rev.2
Page 8
relationship concluded between them and the Economic and Social Council.
Rule [56] 55
The Conference shall accord to non-governmental organization approved
by the Economic and Social Council the same rights and privileges as are
accorded to them by the Council itself.
CHAPTER [XIV] XIII - AMENDMENTS
Rule [57] 56
These Rules of Procedure may be amended by a decision of the
Conference after a committee has reported on the proposed amendment. |
|
GATT Library | pk162jp5008 | Draft suggestion for Article 75 submitted by the Delegation of the United States | United Nations Conference on Trade and Employment, December 23, 1947 | Sixth Committee: Organization | 23/12/1947 | official documents | E/CONF.2/C.6/W.5 and E/CONF. 2/C. 6/W. 1-40 | https://exhibits.stanford.edu/gatt/catalog/pk162jp5008 | pk162jp5008_90200106.xml | GATT_150 | 360 | 2,423 | United Nations Nations Unies
CONFRENCE CONFERENCE E/CONF.2/C.6/W.5
ON DU 23 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SIXTH COMMITTEE: ORGANIZATION
DRAFT SUGGESTION FOR ARTICLE 75 SUBMITTED BY THE DELEGATION
OF THE UNITED STATES
Article 75
1. The Executive Board shall consist of the representatives of eighteen
Members of the Orgaaization selected by the Conferencc. A customs union,
as dofined. in paragraph 4 of Article 42, shrall be eligible for a seat on
the Executive Board, if all of its members are Members of' the Organization
and if its member states desire to be represented as a unit..
2. In selecting the members of the Executive Board, the Conference shall
have regard to the desirability of ensuring that the Board.;
(a) includes Members of chief importance in international trade,
(b) is representative of the diverse types of economy existing
within the membershipp of the Organization,
(c) is representative of the major geographic areas of the world
or:
(b) countries of smaller economic imortance in International trade
or representing diverse types of economic development; with due
consideration to the principle that all major geographical areas should,
be represented,
3. (a) At intervals of three yeare the Conference shall determine by
a two-third.s majority of the Members prosont and. voting, the eight
Members or customs unions of chief importance in international trade.
Such Members or cuotoms unions shall be declared elected as members of
the Executive Board.
(b) The other members of the Executive Board shall be elected by the
Conference by a two-thirds majority of the Members present and voting.
(c) If on two consecutive ballots no Member is elected, the remainder
of the election shall be by a majority of the Members of the
Organization.
4. Subject to the provisions of Annex , the tern of a member of the
Executive Board shall. normally be three years. A retiring Member shall be
/eligible E/CONF.2/C.6/W.5
Page 2
eligible for immediate re-election, Any vacancy in the Board shall be
filled by the Conference, at its next session, for the unexpired term of
the vacancy.
5. The Conference shall establish rules for giving effect to the
provisions of this Article. |
GATT Library | sw947yn0957 | Drafting Committee of the Preparatory Committee of the International Conference on Trade and Employment : Amendments Proposed by the Delegation of India | United Nations Economic and Social Council, January 24, 1947 | United Nations. Economic and Social Council | 24/01/1947 | official documents | E/PC/T/C.6/W.19 and E/PC/T/C.6/W/1-25 | https://exhibits.stanford.edu/gatt/catalog/sw947yn0957 | sw947yn0957_90230220.xml | GATT_150 | 402 | 2,937 | United Nations Nations Unies RESTRICTED
ECONOMIC CONSEIL E/PC/T/C.6/w.19
AND ECONOMIQUE 24 January 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
DRAFTING COMMITTEE OF THE PREPARATORY COMMTTEE OF THE
INTERNATIONAL CONFERENCE ON TRADE AND EMPLOYMENT
Amendments Proposed by the Delegation of lndia
- -' ' -.- - + --i.'.>'',a*t- Bsr^; . .
Article 9 of the Draft Charter. (National Treatment on Internal Taxation
ax 'egu atio) .
sParugrapi 1. For the words "shall be.,xempt% tubtitite the
e purpose of raisingfollowing vords, "shall not, except strict htb so = i .
. ibecte Z 4-
revenueX si Eibe~tiatr-'- - t ^ _ isz ^ *-
Article' 10 of the Draft Charter. (freedom of 1 it)-- -
Definition of "traffic in transit". -Porthe wqr ag'and - aoo
subst~iti ~hS words "Perdori, bsgge and goods" .;-
P'o the words beginning with "There shellbe freedom.of transW' .
endifg'rth ifr& other Member countriea",- substitute tie follciion.word a
" fereriaw-b tAnsit-thr~ugh timber countries -_o? he.
prodfits of other -ember counties via suchoutei -ae ay be open to -
traffic in products of like kind and quolrgfinativns igi.n;
Article 17 of the Draft Charter. (Poycotts)
Number the existing paragraph as (3) andsadd the following parrph
after it,
."(2) The ororisions of paragraph (1) shall not extend to the
following:
t(a) campan sponsored by OaW Member in supp products
of national origin and not directed against the products of any
particular country; en
(b) -apaigns started In connection with disputes vich are
outside the puview of-the Organization".
/Article 32 E/PC/T/C.6/W.19
Page 2. . -
Article 32 of the Draft Charter. (General Exceptions)
Ingrpara(aph tf), delete the words "or s"lver%.
In paragrjph (J), delete the words beginning with "if such measures"
and enwing "iith production orumption".Q .
Article 39 of tafe Drit Charter.
Pexagraph 1, l6n e :For "production and trade" substi"ute 'production,
trade and services ancillary thereto".
Paragraph 2, sub-paragra)h (bj, line 3: A"international trade" rds
add "anc services ancillary thereto". -
Aottive A4 Qf the Draft Charter. . -
Paragraph (a), (i): At the end add the following: "and in respect
of services ancillary thereto." . :
Article 44 of the Draft Charter. .
At ".e end add the following: "or of services ancillary thereto!'.
Article 45 of the Draft Charter,
Paraph (1): After (b)- ad the following: "(a) International-
agreements under the sponsorship of the United Nations Economic and
Social Council, concerning railvay transportation, aviation; shipping.;
and telebcmpnication service" - |
GATT Library | xq878kx3440 | Drafting Committee of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, January 20, 1947 | United Nations. Economic and Social Council | 20/01/1947 | official documents | E/PC/T/C.6/1 and E/PC/T/C.6/1-20 | https://exhibits.stanford.edu/gatt/catalog/xq878kx3440 | xq878kx3440_90230024.xml | GATT_150 | 227 | 1,721 | United Nations Nations Unies RESTRICTED
E/PC/T/C.6/1
ECONOMIC CONSEIL 20 January 1947
AND ECONOMIQUE ORIGINAL: ENGLISH
SOCIAL COUNCIL ET SOCIAL
DRAFTlNG COMMITTEE
of the
PREPARATORY COMMITTEE OF THE UNITED NATIONS CONFERENCE ON
TRADE AND EMPLOYMENT
PROVISIONAL AGENDA
1. Opening statement by the Acting Secretary-General.
2. Discussion and adoption of the rules of procedure of the Drafting
Committee (see document E/PC/T/C.6/3).
3. Election of the Chairman.
4. Election of the Vice-Chairman.
5. Adoption of the provisional agenda.
6. Discussion of the methods of work of the Drafting Committee
(see document E/PC/T/C.6/2).
7. Discussion and examination of the Report of the First Session of the
Preparatory Committee:
(a) Chapter III - Employment.
(b) Chapter IV - Economic Development.
(c) Chapter V - General Commercial Policy (together with the
Memorandum on Multilateral Trade -Agreement Negotiations).
(d) Chapter VI - Restrictive Business Practices.
(e) Chapter VII - Inter-governmental Commodity Arrangements.
(f) Chapter I - Purposes.
(g) Chapter II - Membership.
(h) Chapter VIII - Organization.
8. Preparation and adoption of the Report of the Drafting Committee to
the Seccnd Session of the Preparatory Committee, consisting of a Draft
/Charter E/PC/T/C .6/1
Page 2
Charter or Articles of Agreement based upon the report and other
documents of the First Session of the Preparatory Committee, together
with such explanatory notes and commentaries as the Drafting Committee
may consider desirable and useful.
9. Other items. |
GATT Library | bw320ky7459 | Drafting Committee of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, February 20, 1947 | United Nations. Economic and Social Council | 20/02/1947 | official documents | E/PC/T/C.6/W.73/Corr.3 and E/PC/T/C.6/W/58-80 | https://exhibits.stanford.edu/gatt/catalog/bw320ky7459 | bw320ky7459_90230283.xml | GATT_150 | 77 | 716 | United Nations Nations Unies
E/PC/T/C .6/W.73
ECONOMIC CONSEIL Corr.3
AND ECONOMIQUE ORIGINAL: ENGLISH
SOCIAL COUNCIL ET SOCIAL
DRAFTING COMMITTEE OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT LWMQT
Document E/PC/T/C.6/73/Corr.1 entitled, "Corrigendum to Text of
ChaUIiptesIIV and I as Redrafted by the Legal DraftinCcgmM Suboittee
(docEeument/PC/T/C.6/73)" should be amended aows folls:
Sy~o:
Document symbhol dsoulE/e bePC/T/WC.6/.73/C1orr..
In the case of the reference document in the title, this symbol
should read: (Document E/PC/T/C.736/W.) |
GATT Library | pr783zd9291 | Drafting Committee of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, February 20, 1947 | United Nations. Economic and Social Council | 20/02/1947 | official documents | E/PC/T/C.6/83/Corr.1 and E/PC/T/C.6/73-85/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/pr783zd9291 | pr783zd9291_90230150.xml | GATT_150 | 67 | 498 | United Nations
Nation Unies
ECONOMIC
AND
SOCIAL COUNCIL
CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED
E/PC/T/C. 6/83/
Corr.1
20 February 1947
ORIGINAL: ENGLISH
DRAFTING COMMITTEE OF THE PREPARATORY COMMITEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Document E/PC/T/C.6/83 entitled "Summary Record of the Twenty-Second
Meeting" held at Lake Success, 13 February 1947 at 2:45 p.m., should read:
"Summary Record of the Tenth Meeting of the Administrative Sub-Committee". |
GATT Library | by648wr8570 | Editing of draft charter text : Note by the Secretariat | United Nations Economic and Social Council, June 2, 1947 | United Nations. Economic and Social Council and Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | 02/06/1947 | official documents | E/PC/T/DEL/38 and E/PC/T/DEL/18-46 | https://exhibits.stanford.edu/gatt/catalog/by648wr8570 | by648wr8570_90210124.xml | GATT_150 | 202 | 1,372 | UNITED NATIONS NATIONS UNIES RESTRICTED
E/PC/T/DEL/38
ECONOMIC CONSEIL June 2, 1947
AND ECONOMIQUE ORIGINAL : ENGLISH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
EDITING OF DRAFT CHARTER TEXT
Note by the Secretariat
The text of the Charter as approved at the Second
Session will require careful editing with a view to assuring
the highest attainable degree of clarity and consistency in
the text. It will also be necessary to ensure that the English
and French text are exact equivalents. It is, therefore,
suggested that as soon as the Committee has made substantial
progress on the Charter, there should be established a legal.
editing group composed of two French-speaking and two
English-speaking experts, who would examine the Charter from
a purely legal and drafting point of view with the above aimed
in mind. The group gould have no authority to make changes
in the text. It would submit a report to the Preparatory
Committee on such parts of the Charter as it considered could
be improved and-the Preparatory Committee could then decide
itself which of these changes it wished to adopt.
This proposal is submitted for consideration by Heads
of Delegations. |
GATT Library | np101jv9593 | Eighth Meeting, 30 January 1947, at 2:30 p.m | United Nations Economic and Social Council, January 31, 1947 | United Nations. Economic and Social Council, Preparatory Commission of the Conference on Trade and Employment Drafting Committee, and Technical Sub-Committee | 31/01/1947 | official documents | E/PC/T/C.6/30 and E/PC/T/C.6/21-36/ADD.1 | https://exhibits.stanford.edu/gatt/catalog/np101jv9593 | np101jv9593_90230073.xml | GATT_150 | 1,304 | 8,707 | United Nations Nations Unies
E/PC/T/C.6/30
ECONOMIC CONSEIL 31 January 1947
AND ECONOMIQUE ORIGINAL: ENGLISH
SOCIAL COUNCIL ET SOCIAL
DRAFTlNG COMMITTEE OF THE PREPARATORY COMMITTEE OF THE
INTERNATINAL CONFERENCE ON TRADE AND EMPLOYMENT
Eighth Meeting, 30 January 1947, at 2:30 p.m.
Chairman: Mr. R. J. Shackle (United Kingdom)
The first subject for consideration at this meeting of the Sub-Committee
was a new paragraph under Article 17, Anti-dumping and Countervailing Duties,
suggested by the Delegate for Cuba. With some modification it was adopted
as follows:
Nothing in this Article shall preclude Members from
incorporating in a regulatory commiity agreement under Chapter VII
provisions prohibiting, as between Members party to such a commodity
agreement, the use of anti-dumping duties in cases in which dumping,
Within the meaning o paragraph 1 of this Article, may be permitted
under the terms of such an agreement."
The Sub-Committee then considered Article 20, Marks of Origin. The text
provisionally adopted is shown below with amendments underscored. The notes
indicated by letters under each paragraph refer to the corresponding items
in document E/PC/T/C.11/54/Rev.1.
Article 20. Marks of Origin.
Paragraph 1. "The Members agree that in adopting and implementing laws
and regulations relating to marks of origin, the difficulties and
inconveniences which such measures may cause to the commerce and industry of
exporting Countries should be reduced to a minimum."
The paragraph was tentatively adopted after an amendment by the
Delegate for Czechoslovakia had been deferred for consideration in
connection with paragraph 5 (sas below).
/Paragraph 2. E/PC/T/C.6/30
Paragraph 2. "Each Member shall accord to the product of each other
Member country treatment with regard to marking requirements no less
favourable than the treatment accorded to like products of any third.
country.
This paragraph was agreed. to with the one minor drafting change above,
Paragraph 3. When administratively practicable, Members should permit
required marks of origin to be imposed at the time of importation."
(a) The majority of the delegates were prepared to agree to this
compromise text, in which the words "practicable" and "should."
replace "pessible" and "shall" respectively. The Delegates for
Canada, Czechoslovakia and the United States, however, stated that
they would have preferred the word "shall", and the Delegate for the
United Kingdom wished to reserve his position in favour of the
deletion of this paragraph.
Paragraph 4. "The laws and regulations of the Members relating to the
marking of imported products shall be such as to permit compliance without
seriously damaging the products, or materially reducing their value, or
unreasonably increasing their cost."
This paragraph was agreed to with no chance or commets.
Paragraph 5. "The Members undertake to work toward the uniform adoption
of a schedule of general categories of products which shall not in any
case be required to be marked. to indicate their origin. With a view to
furthering this work, the Organisation is authorized to investigate and
recommend to Members descriptions of categories of products in respect
of which marking requirements operate to restrict trade in a degree
disproportionate to any proper purpose to be served.."
The Delegation of Canada had submitted a redraft of this paragraph..
This suggested. that the schedule to be considered. should. include only the
goods on which requirements of marks of origin should be permitted., thus,
a "positive list" while the London text had suggested a "negative list".
/The Sub-Committee E/PC/T/C. 6/30
Page 3
The Sub-Committee on this point decided in favour of the London text.
The following amendment, suggested earlier in the meeting. by, the
Delegate for Czechoslovakia and intended by him to form the opening
sentence of, paragraph 1, was discussed with the view of its possible
inclusion in paragraph 5:
"Members agree to work in co-operation through the
Organization toward the gradual elimination, as far as practicable,
of obligatory marks of origin, etc."
The amendment received, support from the Delegates. for Australia,
Canada, Chile, Cuba, Czechoslovakia and France. The Delegates for
Belgium-Luxemburg, the United Kingdom and the United States opposed this
text, those for Belgium-Luxemburg and the United States because it went
too far in making it an.obligation to eliminate marks of origin. The
Delegate for Belgium expressed the views of the. minority in drawing
attention to the fact that marks of origin are frequently beneficial to
the consumer and not of a discriminatory character.
Tha Delegate for Cuba wished to have it put on record that the
elimination of requirements by the importing countries did not preclude the
use of marks of origin by the exporting countries.
The Czechoslovak proposal was, tentatively adopted for further
consideration at the second meeting.
The question of requirements concerning marking imported, good with
the word "Foreign" was to be dealt with in connection with boycotts
(Article 23).
Paragraph 6. "As a. general rule, no special duty or penalty should be
inposed by any Member for failure to comply with marking requirements
prior to importetion unless corrective marking has been unreasonably
delayed or deceptive marks have been affixed or the required marking has
been intentionally omitted."
(.a) and (c).- All points raised 34 these comments were dealt with by
/the above Page 4
the above amendments introduced in this text - .<' ,
( bmi) was a sprit., Y:-@ ;'-6W;X ;... -
(droposal ) Tddhe ne Delegation of 6'renitb pi~to3oaa.ad
d agragraor.cah markw ofhich would protect rogL!sb deo~i6&cs .-
orgin. It wumas xemburgsupported by th1Dalgaiics:of elgivW-Lu
Cezechoslovia,e teiherngai~ ab Cuba (ther -a r tho. mettorin.
~~QZ1O.OflJ.~~~~~~~~~~~~~~~~~~~~~~~~~~~ .
The Delegate for Fene, Mr. Leeuer~. mticned.thatif-membes 'of`
the ITO were to adopt the rez r6pC.:Lto tct by domestic .
legisla tio the trade name or mik o oriin 6!; iored.prcduc i
the same am3 as the wy ldp erotteia dctic poduct, France. _uo bu ,
owing tio xtenad.st teow sxannms&beflts ti TO mmbers -s she c ezt: o
sinator 1 s f MrtDhe Madi±d 'aenon fl1891. ' Lec ointed out.,"
in re spons to question arsked's to the precise intekretation.f the'
firs-8ntdne of his suggested paxraraph, that- amember having a
daetic leaw protecting the trando amedo osr mark-o origi. f a intic.-
prodxt would der othe suggested provisicnjaply this legislation to
aprotcthe it hnamee sammeiner t.orade f aolikr tak. f origin oi f
ixorted ptro domesuct. In Franonce -er"ic legislaticprotected.certaina
tya1pes o rrechwisne, &sel l as ty-pean tpoaicall- t Spain -d 6rug
(in ccoMrdance wonitnh onthe Zdrid. CcP~ziaga;.spciain aand .rtu. redrocee
on. Feonceriwines. aIn- t" htords, tMdorabu !ins- c annot -e.de in-:ance,
nuxxor cesa "Bordea wvnbe'a:e in . .-.; .
lf a country hias no laws prootuecting any of ts domestic prdcts.
(as isa tte -n tcounu ycwase- f Australit) S his il old not have to.
pro teyckt an iIntoofdprod xlarictok-antnd - 6rr:to.cfythe.*
esituation urtaher , tgisf lgahe te f'ornF-rAc'shuaetd. to.itjio of - tAe
sword. o ji bawsi in thegfb6sr line od th tfire wnd "ll."iw ihfiz :e
sentencace of t.he suggested Frah text* . .-:.; ,
ohe iDesuploreedgateifor Cubu iA zecuo16vaw t. 4 teFe
anndmint. D
/The elegst E/PC /T/C .6/30
Page 5
The Delegate for the United States said that he personally appreciated
the position of France, Cuba and others, but expressed some doubt. as to
whether this was the time and the place to deal with the very complex
problem of protecting regional or geographical marks of origin, and
suggested the following amendment to Article 20:
"The interest of Members in protecting the regional and
geographical marks of origin of their distinctive products shall be
given consideration by the Organization which is authorized to make
appropriate recommendations on this subject."
The question was raised concerning the last paragraph of the French
amendment regarding the calling of a conference by the ITO for this purpose,
The Delegate for the United States pointed out that there were two or three
Articles in the Charter which might provide for this.
The Sub-Committee decided at this point to adjourn until the next
day. |
GATT Library | wv911wf0281 | El Salvador: Proposed amendments. Chapter VI | United Nations Conference on Trade and Employment, December 13, 1947 | Fifth Committee: Inter-Governmental Commodity Agreements | 13/12/1947 | official documents | E/CONF.2/C.5/5/Add.3 and E/CONF. 2/C. 5/1-19 C. 5/A/1-2 | https://exhibits.stanford.edu/gatt/catalog/wv911wf0281 | wv911wf0281_90200054.xml | GATT_150 | 292 | 2,078 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.5/5/
ON DU 13 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: SPANISH
FIFTH COMMITTEE: INTER-GOVERNMNETAL COMMODITY AGREEMENTS
EL SALVADOR: PROPOSED AMENDMENTS
CHAPTER VI
Article 55
Paragraph 1 - ln line 1, between the word "is" and the word
substantially", insert the words "vitally or".
Paragraph 2 - Amend line 6 to read: "that it is substantially or
vitally interested..."
Add the following as paragraph 4:
"4. The term 'vitally interested' shall be understood to apply to the
interest deriving from the predominant part played by a particular
primary commodity in the economy of a country. The term 'substantially
interested' shall be understood to apply to the interest deriving from
the percentage represented by the Member in the volume of world
production or consumption of, or trade in, a particular primary
commodity."
Article 56
Paragrah 1 - Delete the words:
"Members whose interest represents a substantial part of world
production or consumption of, or trade in, a particular primary
commodity,"
and substitute the following words:
interested Members".
Remember the present paragraph 2 as paragraph 3 and insert a new
paragraph 2 as follows:
"One or more countries producing primary commodities, and which
are vitally interested shall be entitled to request that a permanent
study group be set up which shall be authorized, where it is found
necessary by a majority vote of the countries represented, compulsorily
to convene a conference of countries vitally and substantially
interested in the commodity concerned.
Except in such a case, vitally interested producer countries shall
proceed in conformity with the provisions of this Section."
NOTE: Owing to a regrettable error, this amendment was submitted in a
provisional form, the text of which had been rejected by this
delegation. |
GATT Library | kg995vh7187 | Eleventh Meeting, 4 February 1947, 2.45 p.m | United Nations Economic and Social Council, February 4, 1947 | United Nations. Economic and Social Council, Preparatory Commission of the Conference on Trade and Employment Drafting Committee, and Technical Sub-Committee | 04/02/1947 | official documents | E/PC/T/C.6/41 and E/PC/T/C.6/37-55 | https://exhibits.stanford.edu/gatt/catalog/kg995vh7187 | kg995vh7187_90230090.xml | GATT_150 | 1,378 | 9,186 | United Nations Nations Unies
RESTRICTED
ECONOMIC CONSEIL E/PC/T/C.6/41
AND ECONOMIQUE 4 February 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
DRAFTING COMMITTEE OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
TECHNICAL SUB-COMMITTEE
Eleventh Meeting, 4 February 1947, 2.45 p.m.
Chairman: Mr. R. J. SHACKLE
The summary report of the Sub-Committee's Ninth Meeting (E/PC/T/C.6/33),
concerning alternative texts of Paragraph 7 of Article 20 and Article 21 was
reviewed and approved with the following changes:
(a) pace 2, second paragraph, delete and substitute: "An alternative
text proposed by the Delegate for the United States was passed by the
Sub-Committee without dissent, though at a roll taken the Delegates
for Cuba, Chile and the United Kingdom did not vote. The Delegates for
Belgium, Luxemburg, Czechoslovakia and France, while accepting this
alternative (A), did not consider it going far enough and were in
favour of the text of the French alternative (B). The two texts in
question are reproduced below:";
(b) page 2, alternative text B of paragraph 7, remove square brackets;
(c) page 3, delete first paragraph;
(d) page 3, text of paragraph 1, lines 7 and 8 "effecting" should be
"affecting";
(e) page 4, line 2, delete comma after "force" and plural "s" in
"Governments";
(f) page 4, text of paragraph 2, next to last line of page, substitute
"Memberd' for "they" and "institute" for "establish";
(g) page 5, first paragraph, delete words in square brackets, as
decided during the tenth meeting of the Sub-Committee;
(h) page 5, line 2, insert "prompt" before "review";
/ page 5 E/PC/T/C 6/41
Page 2
(i) page 5, line 3, substitute "of" for "to";
(j) page 5, last paragraph, delete entire paragraph;
(k) page 6, lines 2 and. 4 of text of paragraph 3, delete the words
in square brackets;
(l) page 6, text of paragraph 3, line 2 of proviso, insert "for
consumption" after "entered" and in line 3, delete "or cleared for
export";
(m) page 6, next to last paragraph, second sentence should. read:
"Several delegates, however, provisionally were unable to accept this
text until after consultation with their Governments."
(n)- page 6, next to last paragraph, last sentence, add "with respect to
its application to exports."
ARTICLE 23 - BOYCOTTS
The text of this Article, adopted by the Sub-Committee, is shown below
with amendments underscored.. The notes indicated by letters after the Article
refer to the corresponding item in document E/PC/T/C.II/54/Rev. 1:
"No Member shall encourage, support or participate in boycotts or
other campaigns which are designed, to discourage, directly or indirectly,
the consumption within its territory of products of other Member
countries on grounds of origin, or sale of products for consumption
within other Member countries on grounds of destination: Provided that
a campaign in support of the use or consumption of products of national
origin or manufacture, and. not directed against the products of any
specific country, shall not be deemed to be a breach of this
undertaking."
(a) The Delegate for the United Kingdom withdrew his comment as it was
dealt with by the above amendment.
(b) The Delegates for Cuba and the United States withdrew their
dissent of this amendment. The Delegate for the United States stated
that he would have preferred the original text with no amendment, but
pointed out that he was not making a reservation.
/(c) The Delegate E/PC/T/C. 6/41
Page 3
(c) The Delegate for India reserves his position on this Article.
.(d) The Chinese comment that weaker countries should be allowed to
resort to boycotts in self-defence was retained.
(e) The Lebanese comment that beyrootting may be justified for either
political or moral reasons is also retained.
(f) The suggested Australian amendment was taken into account in the
new version. -
The second sentence of the original text given in the United States
Lt harter was deleted as this matter woulSd b covaered by the addition of
'ns -a.r~ap,, to Prticle88, as previyously suggested bv the Tchnical
Sub-Conittee (c.f. E/PC/T/C.6/6, page 3).
ARATICLE 37 - EGEL EXCETERONS TO CHAPX-r V
The teict of this Art.le, as a doptedm by theSub-Cormittee, is shown
below with amendments underscored. The notes indicated by letters after the
parapjfr. oto th ccrrespoding item in Document E/PC/T/C.II/1154/Rev.l:
"Subit to the requirements thuat messars are not applied
in such a manner as to constitute a meaans of yrbitrar or
unjustifiable discrimination between countries where the same
cdditions prevail, orguis a dised restriction on international
trade, nothing in Chapteallr V sh be construed to prevent the
adoption or enforcement by any Member of the measures-listed below:"
Paragraph (a) necessary to protect public morals.
'~grph (b) necess ar yto'optect human, animal or pl ant-lie
or healt[wh ere corresdpognin measures of protection are taken in
timphe ortingu coy]ntr.
Theaddit ionin brackets above was suggested by the Delegate for gBelium-
;m ureb~ nd. eceived the. upport of :sx other Delegates, namely,
Austrliaa Braizl, Canada,. Cuba, Norayw adn South Afurc.a Those who
preferred the text with no amendmen weere theDellgeate for Chile,
Czechoslovakia,Fraacne, New Zealand and theUni'ted, States.
Paragraph (c) relating to fissionable materilss.
'- ' Paragra tZh (d) E/PC/T/C.6/41
Page 4
Paragraph (d) relating to the traffic in arms, ammunition and
implements of war and to such traffic in other goods and materials
as is carried on for the purpose of supplying the military
establishment. n
Paragraph (e) in time of war, or other emergency in international
relations, relating to the protection of the essential security
interests of a Member.
Paragfiraph ) relating to the importation or exportation of gold
or silver:
(i) mThe coment by the Delegate for India that silver should
be excluded met with general disagreement of the
mmSz-Cn tee..
Pegraph (g) necessary to secure comapcliei with laws or
regulations which are not inconsistent with the provisions of
Chapter V, such as, e.g. those relatitng o customs enforcement,
state monopolies, deceptive practices, and the protection of
patents, trade karss and copyrights:
(i) Dealt with by the addition of "state monopolies".
(iiThiashs suggestion was withdrawn since it was considered that
the case was cove bedby the words "deceptive practices" in
this paragraph and furthper rotection would be afforded
by the suggestnNwede paragraph (7) in Article.20, Marks
of Origin.
-Paragraph (h) relating to the products of prison labor.
Pgararaph (i) imposed for the protection of national treasures of -
artistic, historic or archaeological value.
Parjagraph () relating to the conservation of exhaustible natural
resources if such measures are taken pursuant to international
agreements or are made efifective n conjunction with restrictions
on domestic production or consumption:
(i) The suggested deletion of "if such measures" by the
/Delegate E/PC/T/C.6/41
Page 5
Delegate for India were retained as that country has no
representative on the Sub-Committee.
(ii) The Delegates for Brazil and New Zealand maintained their
position to modify the scope of this paragraph. However,
other Members of the Sub-Committee generally favoured
maintaining its present wording.
The suggestion proposed by the Delegate for Canada that a new paragraph
be added to the effect that Chapter V should not relate to the importation of
goods whose manufacture is prohibited in the country of importation was
finally withdrawn when delegates opposing the amendment pointed out that a
country might easily misuse this escape clause as a method to prohibit
importation of certain goods.
The suggestion by the Chinese Delegation for a new paragraph to deal with
certain national emergencies was passed over, but it was pointed out that
paragraph (b) covered this point to a large extent.
The Indian reservation pertaining to discrimination against a member for
reasons of high policy was retained as India was not a member of the Sub-
Committee.
As there may be a question of whether electric power is classified as
goods or service, the Delegetes for Canada and Chile reserved their right to
prohibit the export of electric power.
The Chairman of the Sub-Committee, Mr. SHACKLE, will draft two texts
according to the opinions expressed in the Sub-Committee pertaining to the
proviso covering goods en route in Article 25, paragraph 2 (f), c.f.
E/PC/T/C.6/36, page 3.
The concluding remarks of the report of the London Technical
Sub-Committee that certain terms used in this Section of the Charter required
definition has been discussed in the full Drafting Committee as this is a
matter concerning the entire Charter. |
GATT Library | gx075xj8234 | Entry into force of the Geneva Protocols : Addendum | General Agreement on Tariffs and Trade, [ca. 1947 - 1994] | General Agreement on Tariffs and Trade (Organization) | NaT | official documents | GATT/CP/7+Add.1-4, +Add.1/Corr.1 and GATT/CP/7+Add.1-4, +Add.1/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/gx075xj8234 | gx075xj8234_90070115.xml | GATT_150 | 0 | 0 | |
GATT Library | ck530fs4185 | Entry into force of the Geneva Protocols : Addendum | General Agreement on Tariffs and Trade, [ca. 1947 - 1994] | General Agreement on Tariffs and Trade (Organization) | NaT | official documents | GATT/CP/7+Add.1-4, +Add.1/Corr.1 and GATT/CP/7+Add.1-4, +Add.1/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/ck530fs4185 | ck530fs4185_90070115.xml | GATT_150 | 125 | 793 | 1lj .'
GE~i REEMENT OF TARI 01 TNFS AlD TRADE
Entry into Force of the Geneva Protocols
Admendu!
The Secretary-General of the Unitti Na tans hns advised
that instruments of acceptance of the Protocol Modifying
Part I and ArtiXIX XTXt and the Protocol Modifying Part II
rnd AetXicle XVI were deposited by the Government of Burma on
15 Februa4y 1919.
ACCORD GENERAL SUR LES TARIFS DOUANIERS
ET MMECO2;MRCE
Entree en vigueur des Protocoles de
Gen ve
Addendum
ceéSeor taéré g6n6ral'Ode lQrganisation des Nations Unies
a fait îonnaitre que le Goumernerent de Birmanié a édpos6 le
15 fevrier 19s9 lea instrume'ts diacceptation du Protocol-.pork.
tent modificationade le Partie I et'de lVartiXle XfIX et du
Protocoleaportent modification de la Partie II et de l'article
xxVIe
N ?m |
GATT Library | mp933zb9733 | Estimated 1950 contribution for each Contmeoting Party on the basis of a revised soale of contribution based on the volume of foreign trade | [ca. 1947 - 1994] | NaT | official documents | BUDGET/W.3 and GATT/CP.3/WP.9/BUDGET/W/1-3 | https://exhibits.stanford.edu/gatt/catalog/mp933zb9733 | mp933zb9733_91870581.xml | GATT_150 | 605 | 3,967 | BUDGET/W.3
Estimated 1950 contribution for each Contmeoting Party
on the basis of a revised soale of contribution based
on the volume of foreign trade,
Category & Country & Country of Units per Contribu- Total Total
with % of World Contract contracting iona per Number Contri-
Trade. of n ;Padi:e8 Party * Contracting of Units butions
Party
Gategory A: Countries 2 20 $53,008.60 C $3l.067:IC
whoso share of total.
external trade as
shwn in the attached
table is 20-5 or more.
United Kingdom -United
States.
Categery B: Countries
wose share is 10% or Nil 10 26,504.30 Nil Nil
more but less than20%,
Category C: Countries 1 7 189553,01 ' 18013539O1
whose share is 7½% or
more but less than 10%
France.
Category D: Countries 1 5 33 352,15 5 a>2.15
whose share is 5% or
more but less than 7½%.
Canada.
Category E: Countries 0 4 10,601,72 36 951415.48
whose share is 2% or
more but loss than 5%
Australia, Belgium, Bra-
zil, China, India, Italy,
Nethorlands, South Africa,
Swedon.
Category Fr Countrios 5 2 5,300.06 10 268,904,30
whose share is 1% or
Cuba, Czochoslovakia,
Denmark, New Zealand,
Norway.
Category C Countries
whose share is loss
than 1%.
18
Burma, Ceylon, Chile,
Colombia, Dominican Rep.
Finland, Greece, Haiti,
Lebanon, Liberia, Luxem-
bourg, Nicaragua, Pakis-'
tan, S. Rhodosia, Syria
Uruguay.
TOTAL -
1 Unit = $ 2650.43
1 54
2,650.43
16
-p p -
42408,083
.114 03Q2t1494,02
As BUDGET/W.3
EXTERNAL TRADE OF PRESENT CONTRACTING PARTIES
AND ACCEDING GOVERNMENTS
Source: The figures are based on the 'International Finanoial
Statiaties" for June 1949 (Vol. II No. 6) published by
the International iTonetary Fund, (In millions of dollars)
Australia
Bolgium
Luxembourg)
Brazil
Biuxt
Canada
Coylon
Chile
China
Colombia
Cuba
Czechoslovakia
Donmark
Dominican Rep.
Finland.
France
Greceo
Haiti
India )
)
Pakistan)
Italy
Liberia
S. Phodesia
South Africaica
1938
1 ,, 54
1l,574
1946
1i7
Avera e of
1938 196
:-
11,870.
592 1,656 19,124.
117 226 171.5
1,641
181
352
928
170
261
646
689
27
3G4
2,6-19
221
15
4,397
413
315
878
431
862
714
930
96
412
4,034
361
39
3,019.
297,
333.5
90o.
S00.5
561.5
oo0.
809,5
61.5
388.
39 341.5
291.
27.
1:,518 1, 549 1, 5330,5
1pL 3 1,260 1,106.5
4 17 10,5
P39
.10
cAC
65
636
1, 950
53
28
65
11
. lo,375
2,, 157 ,5
501,
19,
58a.: .5
l1l001o
~% Of
Total
4,1 Including Belgian Congo.
There is no convenient
0,1 means of dividing the
figures between Belgium
and. Luxembourg* on the
basis that the national
incomes of the two ooun-
tries stand at a ratio of
97% 3%. the percentages
are tentatively put as
4.l%:0 1%f subjeot to
correction.
35
0,4
6,8
0.7
0.7
2.0
007
1.3
1.5
1.8
0.1
0.9
7.5
1947 figures aare Usod. in-
stead of 1946, for which
year no f igures aro
available,
Including Indo-China,
Miorocco, Frenoh Wost
Africa, Madagascar and
Twiisia,
006
0.1
302 Tho agrogate percentage
for India and Pakistan
0,5 ( 3 7%) is divided botwoon
tho two countries on the
basis of the ratio of ox-
tornal triAde in 1947 and
1948, Tho avorragos foz'
thoso two yoars are
$m24,730 for India and
$m,382 for Pakistan,
ide. 88% : 1%.
0.05
1.1
0.05
0,3
463
Estimated figures (as per
the havana document
E/CONF. 2/4/Rev.1).
Inc. Indonesia & Antilles. Average of
1938 1946
Lobanon )
Syria
U. K.
U. S.
Uruguay
53 137
986 1v539
8,3-20 106853
95,
1,262.5
9,636.5
&,325 15,93 109,634.
123 300 211.5
00.1
2,8
* 0
0, 5
Including: Hongkong, Malaya,
Konya & Uganda, Gold Coast,
Nigeria, Sierra Leone,
Tanganika, Jamaica,
Northern Rhodesia.
29 July, 1949. |
|
GATT Library | bf351zx2310 | Export competition: export subsidies to be subject to the terms of the final Agreement : (Paragraphs 44-48 of AG/W/1 Refer) | [ca. 1947 - 1994] | NaT | official documents | MTN.GNG/AG/W/l/Add.10 and 0097-0112 | https://exhibits.stanford.edu/gatt/catalog/bf351zx2310 | bf351zx2310_92130013.xml | GATT_150 | 475 | 3,132 | MTN.GNG/AG/W/l/Add.10
Page 1
Export Competition:
Export Subsidies to be subject to the terms of the Final Agreement
(Paragraphs 44-48 of AG/W/1 refer)
1. The following generic criteria and related illustrative list of export
subsidy practices are suggested as a basis for further consideration.
Generic Criteria
2. 'The provision by governments or their agencies of subsidies to
producers or exporters of primary agricultural products which are legally
contingent upon export performance or which in practice are tied to actual
or anticipated exportation or export earnings, as well as any form of
subsidy which results [in the price or return to producers of a product,
when exported, being higher than world market prices or returns, or] in the
sale of such products for export at a price lower than the comparable price
charged for like products to buyers in the domestic market."
Illustrative List of Export Subsidy Practices
3. (a) The provision by governments or their agencies of direct
subsidies, including payments-in-kind, to a producer, a firm or
an industry contingent in law or in fact upon export performance
or export earnings.
(b) Payments to producers of a product which result in the price or
return to producers of that product when exported being higher
than world market prices or returns, including the repayment at
less than full value of product specific governmental loans or
advances to producers in respect of which repayment is based on a
price that is lower than the comparable price for the like
product prevailing in the domestic market.
(c) The provision of financial assistance in any form by governments
or their agencies to export income or price stabilization schemes
operated by producers, marketing boards or other entities which
enjoy a monopoly of, or play a predominant rôle in, the marketing
and export of an agricultural product.
(d) The sale or disposal for export of publicly owned stocks at less
than their acquisition value except bona fide food aid
transactions.
(e) Assistance to reduce transport and freight costs in respect of
exports.
(f) Assistance to reduce the cost of marketing exports (other than
generally available export promotion advisory services) including
handling, upgrading and other processing costs.
(g) Export performance-related taxation concessions or incentives
other than the remission of indirect taxes. MTN.GNG/AG/W/1/Add.10
Page 2
(h) Export credits provided by governments or their agencies on less
than fully commercial terms.
(i) Subsidized export credit guarantees or insurance programmes.
(j) Subsidies on agricultural products contingent on their
incorporation in products that are exported.
(k) Subsidies on exports of agricultural products which are financed
from the proceeds of a levy on producers of that product, or on
producers of the primary product from which the exported product
is derived, under programmes in whose establishment, operation or
financing governments are directly or indirectly involved.
(1) Any other export subsidy practice in the sense of paragraph 2
above. |
|
GATT Library | ds054bj9663 | Export competition: special and differential treatment : (Paragraphs 54-55 of AG/W/1 Refer) | [ca. 1947 - 1994] | NaT | official documents | MTN.GNG/AG/W/1/Add.11 and 0097-0112 | https://exhibits.stanford.edu/gatt/catalog/ds054bj9663 | ds054bj9663_92130014.xml | GATT_150 | 291 | 2,072 | MTN.GNG/AG/W/1/Add.11
Page 1
Export Competition: Special and Differential Treatment
(Paragraphs 54-55 of AG/W/1 refer)
1. The basic options are whether all countries using export subsidies
should, without exception, undertake reduction commitments on the same
basis, or whether developing countries should be fully or partially
exempted from such commitments.
2. Approaches for special and differential treatment in the context of
specific export subsidy reduction commitments would include: that
individual developing countries would not be required to undertake such
commitments provided that their levels of export assistance do not exceed
predetermined de minimis levels; that developing country reduction or
freeze commitments be contingent on a degree of harmonization in levels of
export assistance having first been achieved as between heavily Subsidizing
and other exporting countries; and that reduction or freeze commitments to
be undertaken by developing countries would apply only where their share in
world export trade in a given product exceeds a predetermined level.
3. Where reduction commitments are undertaken by developing countries,
the scope for longer timeframes and/or lower rates of reduction would be
another aspect of special and differential treatment for consideration.
4. The options in terms of the rules and disciplines that would
eventually govern export competition, would depend on the nature of the
framework that might be adopted.
5. As regards possible negative effects of the reform process on net
food-importing developing countries, one option would be the development of
guidelines under which the availability of basic foodstuffs to the least
developed and net food-importing developing countries would be assured.
Such guidelines could outline the general principles or criteria for
ensuring the availability of adequate supplies of basic foodstuffs in the
form of recommendations for consideration by the relevant international
bodies and for appropriate action by Contracting Parties. |
|
GATT Library | wm946vg7615 | External trade, population and National Income of countries participating in the United Nations Conference on Trade and Employment. November 1947 | United Nations Conference on Trade and Employment, November 25, 1947 | 25/11/1947 | official documents | E/CONF.2/4/Rev.1 and E/CONF.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/wm946vg7615 | wm946vg7615_90040015.xml | GATT_150 | 2,798 | 28,370 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
RESTRICTED
E/CONF.2/4/Rev. 1
25 November 1947
ORIGINAL: ENGLISH
EXTERNAI TRADE, POPULATION AND NATIONAL INCOME OF COUNTRIES
PARTICIPATING IN THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
NOVEMBER 1947
Restricted E/CONF.2/4/Rev.1
Page 2
Restricted
This document is intended for Committee use at the United Nations
Conference on Trade and Employment at Havana and is not intended for
general distribution or for publication. This document replaces
E/CONF.2/4 of 29 October 1947 which was issued as an UNRESTRICTED
document. The present document contains all figures in E/CONF.2/4
with certain revisions and later figures, and also contains figures
estimated by the United Nations Statistical Office for the purposes of
the Conference. Each such estimated figure is marked with an
asterisk (*) to show that it is not an official figure and not for
publication or general circulation.
Note by the Executive Secretary
1. The Preparatory Committee at its Second Session requested the
Secretariat to supply to the United Nations Conference on Trade and
Employment accurate information as to the population, external trade,
national income, and percentage of external trade to national income
for as many countries as possible for use in connection with the
determination of different formulae for weighted voting. (See page 65
of the Report of the Second Session of the Preparatory Committee).
2. The table set out on the following pages contains the statistics
requested by the Preparatory Committee. The figures supplied should
be read in the light of the following notes:
(a) Population Figures:
The population figures relate to the trade statistical
territories, which in some cases do not coincide with the
political territory (e.g., Union of South Africa). The 1946
figures are in some cases provisional. Most population figures
relate to the de facto population, that is, to population
"present in area".
/(b) Trade Figures: E/CONF.2/4/Rev.1 Page 3
Note by the Executive Secretary (cont.)
(b) Trade Figures:
(i) The trade figures relate to Merchandise only and to
Special Trade (including warehouse trade when inseparable);
they therefore exclude bullion and specie, Supplementary
Table II attached, shows the exports (domestic product)
of non-banking gold and silver bullion, by destination
as far as available.
(ii) The 1946 trade figures are in all cases provisional,
and the exchange rates used for their conversion to
dollars are in some cases rather approximate
(e.g., multiple-rate currencies). Exchange-rate data
have been supplied by the beat sources available.
(iii) The 1938 and 1946 territories are, as nearly as possible,
comparable and coincident with the present frontiers
(e.g., the Union of Soviet Socialist Republics includes the
three Baltic States excluding, of course, in 1938 their
trade with the Union of Soviet Socialist Republics and with
one another).
(iv) UNRRA shipments are excluded from imports and included in
exports. For figures, see Supplementary Table I.
(v) Deliveries on account of Lend-Lease, Reverse Lend-Lease
(Mutual Aid), Reparations in kind, Restitutions and
Contributions by Allied Military are excluded from both
imports and exports. However, "cash" and "creditt" lend-lease
(as distinct from "straight" lend-lease) are, as far as
known, included in imports.
(c) National Income Figures:
(i) The national income estimates are derived:
(a) from official sources and data supplied to the United
Nations Statistical Office by governments;
(b) for some countries, by extrapolation of available
estimates for earlier years (figures shown with an asterisk);
(c) for certain other countries (where recent figures have
not been published), from an assumed per capita income
derived from comparisons with neighbouring or similar
/countries E/CONF. 2/4/Rev.1
Page 4
Note by the Executive Secretary (cont.)
countries (figures shown with an asterisk and underlined).
(ii) Care was taken to ensure comparability. When the
definition differed from the adopted standard definition,
adjustments were made on the basis of information
available in official publications or supplied by
governments.
(iii) The national income estimates for 1938 were converted
into dollars at rates then current. National income
estimates for 1946 were converted at rates then current
for some countries; for all other countries the exchange
rates were adjusted for over-valuation, estimated on the
basis of price developments since 1938, as shown by
official indices of cost of living or retail prices.
(iv) Some of these national income estimates should be regarded
more in the nature of indications of the order of
magnitude than as accurate figures.
(a) Sources:
As noted above, and League of Nations and United Nations
publications and files, national official statistics, and - more
particularly for 1946 - telegraphic information from the various
countries.
(e) Signs Used:
means "Not available".
- means "Nil or negligible".
/EXTERNAL TRADE EXTERNAL TRADE, POPULATION ANCATIONAL INCOME
1938 and 1948
E/CONF. 2/4/Rev. 1
Page 5
POPULATION EXTERNAL TRADE MANAL INCOME TRADE AS PER CENT OF TRADE PER
~~~~~~NCOMEATIONAL ItK $PITA U.S. S
(illion. (mill$ion U.S. S) $ U.S. S) _
1938 38 1946 1938 1946 19 1946 1938 1946 1938 1946
Afghanistan 12.0 12.0 44 ... 47.0 12 ... 37
Albania 1.1 1.1* 11 . 90* 14 ... 10.0
Argentine 13.0, .030 15.8 ( ) 881 1,753 2 4,7067 43 37 68 110
Australia 5 6.9, 7.4 0 1,040 1,46S 3,966 36 37 151 198
Austria ( 1,120 1.1202 7.0 467* 4716 ) l 750 42 6 69 6.7
Belgium 8.4 . 0 8.4 See Belgo-Lux. ... ... 216 2,790 ...
Belgo-x. (1 8.7,2.2353 8.7 1,325 5 1,7656 2 2,884 S9 61 152 203
Benelux: .
Metropole2) 50 17, 5 1.5 2,527 5 2691 5S03 S,854 SO 6 149 149
Netherlands Indies 68.4 3 75.,15 647 127015 1,49 1.000* 43 13 9.5 1.7
Other territories:
Belgian 14.1 14.6* 89 176* 750* 21 23 6.4 11. 7
Netherlands (Curacao
(and Surinam) 0.30 0.3 41 , 5 2. 40* 2,005 1,385 1.33 1,847
Total Benelux 100.2 108.3 3.664 3,548 6,968 7,644 53 47 37 33
Bolivia 3. 3 3. 8 61 125 130 1800 47 69 18 33
Brazil ) 39.4 46.7 592 5 16S 1,300 5 3,345(71 46 49 1S 35
Bulgari3) 6*.2 7.0 * 128 114 680 8400 19 14 21 16
Burma See under nited Kingdom
Byelorussian S.S.R... 5.6 . . . See U.S.S.R. .: ... ...
Canda(4 11.1 12.3 1,S2 4.044 3,949 9,010 39 45 136 329
Ceylon See under United Kingdom
Chile 4.6 5.4 242 424 580 725* 42 58 53 78
(1a DlgoeLxemaur conoslc Uio. Excluding trede wit Nstherlsn
see footnote to Bnalx). For Lux*argq potion, other than
trade (amount unknown), se Luxemburg.
(2MaeeTrade figiires exclude Inter-trad* f benelux (W*trpole), vlz:
1938 1946
Iports into blgo-Lux. from Nethelands 71 51
Exports from elgo-tx. to Noterlands 49
Imports io Netherlands from elpg-Lux. 88 114
Exports f58rom Netherlands to -Lux. - 63
The 1946 total import trade figures are said by the respective
xoBelvernmx,nts to be undervalued: for go-Luemburg by about
10-125 zllialidollars;ll for Netherlands, by *bot 60 miion
dollars. Furather, for boath countries, certain diamonds nd
postal trade are excluded.
* Wholly ,'
31 Territorial changes.
(4 Imports are valued f.o.b.
(5 1946: Comprising lava and Nadura 52.5, Sumatra 10.0,
o;eo 2., ast Indonesia 10.0, New Guinea 0.3.
ade, 1946: uAreas eunder Netherlaedcontrol only; tJl-Decombr
tion , 138: Crling Jiaaan Madura 33, Outer
Provinces I.., Rest) of Netherlands Indiesl38, unallocated 22.
6f Control Comission estimates 60 (imports of coal said to be undervalued).
( Nearest year available.
timated EXTERNAL TRADE, POPULATION AL INCOME (continued)
1938 and
POPULATION EXTERNAL TRADE NAL INCOME TRADE AS PER CENT OF TRADE PER
NATIONAL INCOME CAPITA U.S. $
(millions) (million U.S. $) Union U.S.$)
1938 1946 1938 1946 1946 1938 1946 1938 1946
China: (1) 450.0 455.6 0 936 ... 7.90 8,300* 12 ... 2.1
Manchuria 38.3 34.0 514 ... ... 14 ...
Rest of Chins 6 411.7 421.6 422 76 1.0 1.8
Colombia 8.7 10.3 170 ,1 * 431 6 100 27 32 20 42
Costa Rica 0. 0.6 8 22 47 55 540 9 37 9
Cubs (2 3 4.2 * 5.0 * 248 785 049 15 5 720' 15 51 109 S9 IS7
echoslovakia (31 * 1,.6 03013.1 646' 490 2. 2.310 31 21 43 38
Denmark 3., 4270.1 6187 926 1.2 t979 54 47 181 226
Dominican Republic 21 1.6 ( 2.1 26 ( ) 93 130t7 29 72 16 44
Ecuador 2.9 3.3 20 * 63 120 28 52 6.9 19
Egypt 16., 18.8.100 331 611 1 1,740* 30 35 21 32
Eire 2.9 3.0 50 (7) 320 446 7 970 43 46 110 149
El Salvador See Salvador, El
Ehiop*ia 6111 5 * 9.5' 1S.0 60 32' 42 90* 4 7 6 7 6 3.4 2.8
Finland 3) 3.7 62 * 3.9 36*4 348 520' 58 67 98 89
France:
Metroole . . 1 4,.1 40.7 . 2,98 2,5(6) 511800 22 24 S 69
Colonies, etc 67.1 2 10 75.0 3,750 862 1.286 .0 43 34 13 17
TotalFrance , 108,5 ,010 11S.75 5503.060 5 4.094 12 OJO 15,SS0 2S 26 28 36
Greece 6 7.1 7.4 221 * 136 50 450 39 30 31 18
Guatemala 3.0 3.6 37 * 73 150 37 49 12 20
Haiti 3.0 3.5 55 * 39 5 66 38 9 5.0 11.1
Honduras 21 40 1.0 * 1.240 17 * 33 AM 60' 42 55 17 27
Hungary 31 , 9.1 9.3 277 67 1.0 2 870 27 8 30 7.2
Iceland 0.1 0.1 25 24 8 113 0 96 , 141 240 1130
India (inl .akixtn),, 375.3 * 411.515 0 1.194 1*.490 1 5 7.71! 14,760' IS 10 3.2 3.6
Ix"donesian Republic " Seeex Netherlands Indies, under Benlu
I1r5a S,* 17.0 242 0424 5 1. 0Q 27 5 30 16 23
Iraq ( ) 70( ) 70 *.7 * 4.8 85 t51 216t51 2 400' 31 54 23 45
~~~~~~~~~. _
) Trade figures exclude trade between Manchuria and the rest of China.
The 1946 trade figure is taken from the Far Eastern Economc e.,
of March 26, 1947.
(2 Imports are valued f.o.b.
(3 Territorial changes.
Wholly or partly eaimated.
(4 1938 data from Italian and other foreign sources only.
51Of which, peetroleum sportss 21' 51' fr 938 and 1946 respectivsly.
(6Of whIc, the Imports are said international Monetary Fundi to be
undersalued by about 500-800 million dollars.
(7 Mrest year avatllo. E/CONF. 2/4/Rev. 1
Page 7
EXTERNAL TRADE, POPULATION AND NATIAL INCOME (continued)
1938 and
POPULATION EXTERNAL TRADE MANAL INCOME TRADE AS PER CENT OF TRADE PER
NATIONAL INCOME CAPITA U. S. $
(millions) (million U. S. $) (mixon U. S. $)
1938 1946 1938 1946 1938 1946 1938 1946 1938 1946
Ireland See Eire
Italy(1) 43.8 45.4 1,146 758(6) 5.8 5.444 20 14 26 17
Lebanon 1.0 1. 2 See Lebanon-Syria ...
Lebanon- Syria 3.0 4.2 53 139(7) 2 390* 20 36 18 33
Liberia 2. 5 1.6 4 17 60* 10 28 1.6 10.6
Luxemburg 0.3 0.3 See Belgo-Lux. 94* ... ... ... ... ....
Mexico (2) 19.1 22.8 220 918 1.1 1.510 (9) 19 61 12 40
Netherlsnds (3) 8.7 9.4 1. 202 925 2.8 2,970 43 31 138 98
New Zealand 1.6 1.8 442 544 8 1,070 (9) 55 51 276 302
Nicaragua (2) 1.0 1. 1 9 26 70* 18 37 9 24
Norway 2.9 3. 1 486 683 9 1.232 53 55 168 220
Pakistan See India
Panama (2) 0.5 0.6 22 63 129 (9) 44 49 44 105
Puraguay 1.0 1. 2 19 48 2 60* 4. 80 19 40
Peru 6.5 7.8 135 271 240 420* 56 65 21 37
Philippines (2) 15.8 19.1 248 359 500 600 50 60 16 19
Poland (1) 34.8 23.9 472 (4) 272 3.300 2,300 14 12 13 11
Portugal:
Metropole 7.5 8.9 151 459 750 1.250 20 37 20 56
Colonies 10.2 11.8* 85 224* 306* 630* 28 36 8.3 19.0
Total Portugal 17.7 20.0 236 683 1,056* 1.880* 22 36 13 34
Rounania (1) 19.8 16.5 294 .. (8) 1,380* 1, 500* 21 ... 15 ...
Salvador, El 1.7 2.0 19 46 55 80* 34 58 11 23
Saudi Arabia 4.5* 6.0 18*(5) 84*(5) 160 230* 11 37 4.0 14.0
(1) Territorial changes
(2) (sports are valued f.oib.
(3) Trade flgures exclude trade with Beigo-Luxemburg (see Benelux)
(4) External trade of Poland - Daszig Customs Union. Danzig's 1938
population was 0.4 million.
(5) Of which, petroleum exports: nil* and 47* for 1938 and 1946
respectively.
* Wholly or partly estimate
(6) From Bunco d'itelia, Report of 31.111.47 (Banco di Roma
Review of the Economic Conditions in Italy, May 1947, pp. 143 ff.1.
(7) Of which, imports 100
6.X.471.
(8) January-June 1947 was 3
Report No. 1771.
(9) Nearest year available.
whereof, Lebanon 68 - Beiut cable of
(Bank of International Settlements, Page 8
EXTERNAL TRADE, POPULATION AND NATIOL INCOME (continued)
1938 and 1948
POPULATION EXTERNAL TRADE NATAL INCOME TRADE AS PER CENT OF TRADE PER
NATIONAL INCOME CAPITA U.S.$
millio$) $ (million U.S. S)mixo, $ ( U.S.S)
1938 1946 1938 1946 1938 1946 1938 1946 1938 1946
Siam 8 14.8 1.1 135 5 96 *00 730 27 13 9.0 5.3
Southern Rhodesia See under United Kingdom
Sweden 6.3 6.7 986 1,525 2.710 4,560 36 33 156 228
Switzerland 4.2 4.5 668 1,425 1.880 3,270 36 5 44 19 317
Syria .180.0 30 See Lebanon-Syria 180* * 270 ... ... ...
Transjan 20*3* 011.4' t ... 20 -a.35* 55 ... 37 ...
Turkey 179.1 1.0 234 3352 1,30 * 2,030 17 16 14 17
Ukr(ainian S.S.R. 1) 31.0 ... See U.S.S.R. ... ... ...
Union of South Africa ( 11.0 (9)4) 12.54 634 1,.241 1770 2,520 (8) 36 5 49 8 99
Sou (t)h-West Africa2 . 033 0. 29 66 * 10 * 15 290 440 97 220
U.SS.R tlt3) * 176.1 * 192.0' 723 * 1,705' ... ... 4.1 8.9
United Kingdom
Metropole 47.5 49.2 7,034 . 9118 23.100 32.500 30 28 147 186
Burma 16 .0 17.0 257 135 0* 34 500* 7 6 27 16 7.9
Ceylon 5. 8 6.7 183 398 * 200 * 280 92 142 32 59
S. (Rhodesia2) . 14 1.7 65 127 6 * 40 0 162 212 46 5 7
ther territories . ,1* 69.0 1.881 2,987 8 * 1.830' 3,400* 103 8 8a 31 43
Total United Kingdom 131.7 143.6 9,420 12,765 25.510 36,740 37 35 71 89
U. S). A. (2 (5) 132.1 143.9 (5) 5,054 ( 13,9947) 67.400 178,200 7 8 38 97
Uruguay 1 2. . 23 123 301 * 210 * 320 59 94 59 131
Ve n2ezuela() 3.4 5.3 ) 266(6 108 360 5 * 60 74 108 78 164
Yemen * 1.6 . * 17 * 9 ... 40 * 65 22 ... 5.6 ...
Yug (1oslavia) 15 .4 8 14. 231 ... 1.050 * 890 21 ... 15 ...
Territorial changes.
(2m) lports are valued f..o.b
(3 Including Byelorusslan and Ukrainian S.S.R. and, for 1938, aalso Estonia, Latvia od
Lithuania (excluding their trade with one another and with the U.S.S.R.)
43Including Basutoland, Bechuanaland and Swaziland.
(5 Including Alaska, Puerto Rico, ViMrwailgin Islands and ls
wholly
or partly estimated.
..
4
Revised figures tfo petroleum originally over-valued).
73Tha end-lease exports excluded wer 654, destined as follows: Australie 4,
belgium 41, China 27, Egypt 3, France 204, Algeria 9, French Morocco 4,
India ialY 3, Netherlands 23, United Kingdom 118, U.S.S.R. 152, Other
countries 29.
It wuld appear that about one-fourth of this was'straight' lend-
cf. Foreigmmencec Co,.or Wy 22.111. 4p7, pP.10 ff, and 27. IX. 47,
181 Nearest year available. E/CONF. 2/4/Rev. 1
Page 9
SUPPLEMENTARY TABLES
1. UNITED NATIONS RELIEF AND REHABILITATION ADMINISTRATION
The export values (f.a.s.) of U.N.R.R.A. shipments. from all countries In 1946,
as reported by the United Nations Relief and Rehabilitation Administration,
Washington, were (in million U.S.A. dollars):
Destinations Value Destinations Value Destinations Value
Albania 8 Ethiopia 0.2 Philippines 5
Austria 101 Finland 2 Poland 260
Byelorussian S.S.R. 43 Greece 137 Ukrainian S.S.R. 140
China 243 Hungary 3 Yugoslavia 173
Czechoslovakia 117 Italy 284 Dodecanese 4
TOTAL- 1,520
Note: The 1946 import values of U.N.R.R.A. deliveries, as far as available, were,
according to the importing countries:
Austria 66; China 295; Italy 380; Other countries
11. EXPORTS (DOMESTIC PRODUCE) OF NON-BANKING GOLD AND SILVER BULLION
IN 1938 AND 1946, BY DESTINATIONS
Million U.S.A. dollars
Country Total Destinations
1938 1946 1938 1946
Australia 1 87(1) Ceylon
Benelux:
Netherlands Indies 2 ... Netherlands ...
Belgian Congo 12 ... Belgium ...
Canada 75 91 U.S.A. U.S.A.
Colombia 11 - U.S.A. -
India (incl.Pakistan) 3 ... U.K. ...
Indonesian Republic See "Netherlands Indies", under Benelux.
Mexico 72 28 U.S.A. U.S.A.
Nicaragua 2 7 U.S.A. U.S.A.
Philippines 30 U.S.A.
Union of South Africa 233 376 U.K. U.K. (2)
United Kingdom:
S. Rhodesia 27 19 U.K. U.K.
Gold Coast 21 22 U.K. U.K.
Nigeria 1 ... U.K. ...
Venezuela 5 1 U.K.3;U.S.A.2 U.S.A.
(1) Including coin. and monatary bullion (amount unknown).
(2) Assumed destination. |
|
GATT Library | mc752gd3945 | External trade, population and National Income of countries participating in the United Nations Conference on Trade and Employment November 1947 : Corrigendum | United Nations Conference on Trade and Employment, December 27, 1947 | 27/12/1947 | official documents | E/CONF.2/4/Rev.1/Corr.1 and E/CONF.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/mc752gd3945 | mc752gd3945_90040018.xml | GATT_150 | 72 | 522 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies RESTRICTED
E/CONF.2/4/Rev.1/
CONFERENCE Corr.1
CONFERENCE 27 December 1947
DU
COMMERCE ET DE L'EMPLOI ENGLISH.ONLY.
EXTERNAL TRADE, POPULATION AND NATIONAL INCOME OF COUNTRIES
PARTICIPATING IN THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
NOVEMBER 1947
CORRIGENDUM
Page 6, Line 12 of Table
Delete "Eire" and insert the figures which follow in the first Iine
of the table on page 7 to correspond with "Ireland". |
|
GATT Library | vy553vj7493 | Extract from statement by Mr. H.C. Coombs (Australia) at the Fourth Meeting held on 3 December 1947 containing explanatory remarks relating to the General Agreement and Trade | United Nations Conference on Trade and Employment, December 5, 1947 | Committee III: Commercial Policy | 05/12/1947 | official documents | E/CONF.2/C.3/4 and E/CONF.2/C.3/1-/ADD.45-C.3/9/ADD.1 | https://exhibits.stanford.edu/gatt/catalog/vy553vj7493 | vy553vj7493_90190066.xml | GATT_150 | 1,590 | 9,531 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2//C.3/4
ON DU 5 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
COMMITTEE III - COMMERCIAL POLICY
EXTRACT FROM STATEMENT BY MR. H.C. CCOMBS (AUSTRALIA) AT
THE FOURTH MEETING HELD ON 3 DECEMBER 1947 CONTAINING
EXPLANATORY REMARKS RELATING TO.THE GENERAL AGREEMENT
AND TRADE.
(Distributed at the request of the Chairman-and several
Members of the Committee)
Mr. Chairman I would like to make some comments on the
provisions of Article 17. In listening to the discussions
during this debate it has seemed to me that some of the Mem-
bers of the Conference are not fully clear as to the way in
which negotiations are contemplated, how that Article will.
in fact operate.
It is true that the Article dcos require a country to
carry out negotiations directed to the substantial reduction
of tariffs and other charges on imports and to the elimination
of preferences. We have had, as a Member of the Preparatory
Committee; some experience with negotiations contemplated
in this Article and I think we are, therefore, in a position
to offer some reassurance to some of the countries,.to some
of the delegations here, who have expressed fears as to the
way in which that negotiation. would operate.
We regard ourselves, Mr. Chairman, as a country, which has
considerable development in front of us and furthermore we re-
gard the use of protective measures as a necessary and legiti-
mate means of fostering that development.
We therefore want into the negotiations in Geneva determin-
ed to protect the right of our Government, to carry on this
policy of industrialisation and to use legitimate protective
devices for that purpose. We were concerned that nothing
should happen as a result of those negotiations which would
impair either our present or future capacity to carry out
further industrialisation as might be necessary for that
purpose.
Accordingly, when we received requests from other countries
for the.reduction of particular items an our tariff lists, we
scrutinized those requests with considerable care and where we
felt that a request was not consistent with the main reason for
the protective tartiff, which we felt to be necessary to the
continued security of an industry, we struck out that request
as one which we were not prepared to negotiate.
/In other cases E/CO NF. 2/C 3/ C
Page 2.
In other cases we might have beefi prepared to negotiate
and make minor concessions 6f a size nnsiderab]7 less than
that sought. In other cases We had bequests upon items in
our tariff which were already f±h-r7 26@, but might affect
industries 'which were not producing greatly at the present
time. They were industries, Ar commodities, which we con-
templated wo-,uld come within the field of our industrial pro-
gramme within a relatively short time. In those cases we
either withdrew the item from negotiation c-ltogether, or, in
some cases, we did carry out discussions relating to them.
But we made it alear to the parties with whom we were negotiat-
ing, that we were not prepared -to bind the item. That is, while
we did in some cases grant some reductions to the present ta-
riff, we made it clear that we were not prepared to bind that
prnduotion, and we therefore, preservcdnur freedom to raise the
rate to a higher protective level if subsequent development
require us to do so.
For instance, the United States made a request upon us
for the reduction of duty on motor car chassis. We have in
Australia an industry which has for a number of years been
concerned with the production of motor car bodies and certain
motor car part's ad they are generally assembled in sur country.
It is our Gcvernmmat' s intention to proceed with the develop-
ment of an industry which will'produce complete vehicles. We
therefore were unable to meet this request and we informed
the United States, frpm whrm the request came, that we were not
prepared to bind the tpriff items which covered the parts of
the motor vehicles employed in the motor vehicle chassis.
We cad qunte quite a number of cases, gloves, metal-wI rk,
machinery and other items of these kinds where' we had a zn&et.
quest for reduction in this tariff item. We merely 'informed
the cQuntries' concerned that we were unable to c-nsider their
requests and that was the end of the matter so far as those
requested were concerned.
Now I do not mean to say that that is the whole' story.
Naturally, the benefits which we could expect to get from
other countries in these negotiations were conditioned by the
,reductions we ourselves were prepared to make, and bteausG-we
found it necessary to withdraw those items, and many-others
which I have not referred to' from negotiations, because we
considered their continued protection essential, we had to
accept less reductions from the other party than we might have
bee:L able to secure had we been prepared to make reductions on
those items. We therefore get what might be called a thinner
or narrower agreement than might have been possible if wre could
have put those items into the pool. But the point I wished to
make is that it was for us to decide what items we were prepared
to negotiate and we found in practice that it was possible for
us to conclude a set of agreements which were advantageous to
us, and we believe were advantageous to the countries with
whom we negotiated --- and at the same time to preserve our
freedom 6f action in relation to those items which we consider-
ed essential to our industrial programme for some years- ahead.
Furthermore, we were lor'v anxious during the negotiations
leading up to the General Agreement to make sure that even' if
we did bind, agree to the reduction and binding of a duty on
/a particular item E/CONF .2/C. 3/4
Page 3.
a particular item, that we did not mean we permanently thereby
gave up the possibility of the production of that item at the
outset under the shelter of protective measures. We therefore
tought to have contained in the General Agreement provision
whereby, after the Agreement had run its original nominal
period of three years, it would be possible for us and, and, of
course, for other countries, to take out a particular item
which they had agreed to bind and unbind, so that they could
then increase the duty if they wished to do so.
Naturally, since they concluded an agreement which was a
bargain in which we had put in that a particular item had been
bound, we were willing and are still willing for other coun-
tries with whom we negotiated the item to re-balance the bar-
gain if we take out a particular part of it. But nevertheless
we felt it essential to our future production that we should,
if our industrial development advance to a further stage, under-
take forms of production not now possible to us; that it would
be open to us without a termination of the agreement as a whole,
to take out from items we had bound, individual items which we
would then be free to increase the protective tariff duties on,
while at the same time accepting the right of the other coun-
tries with whom we negotiated either to get something in its
place or to withdraw from us some concessions which they had
granted to us during the original negotiations.
Furthermore, there is provision in the General agreement,
which is repeated in the Charter, which even makes it possible
for a country to seek a release from the binding of a particular
item during the original three years of the agreement, That, it
is true is rather more difficult and the procedure is somewhat
more complicated; in has to be done in effect with the concurren-
cy of the other parties, although the Organization is required
to give its good offices and assistance to reaching a satisfac-
tory agreement on this item.
The result cf this is, I believe, that countries who have
ambitions in the field of industrial development have little
to fear- as to the freedom of action in relation to tariffs and
the provisions of Article 17 if the discussions at Geneva can
be regarded as a fair indication of the way they will operate.
The degree of commitments which they will accept are for them-
selves to determine. Even thee there is a period to those
commitments after which their freedom of action indi-
vidual items can be resumed with a re-balancing of the bargain
without having to destroy the bargain as a whole. There is
even provision for some review of these bindings during the
period of agreement.
Another point is that one reason for withholding an item
from negotiations to that you may wish to increase the protection
or maintain it at its present level. In some. cases the items
with which we were concerned had duties which were eventually
a revenue and we were not prepared to negotiate because we
wished to maintain the Revenue capacity at the existing level.
This question of tax has been referred to several times
during the discussion and I think that I am Fight in saying
that even where an item has been bound, it is open for a coun-
try if it wishes, to increase the duty on that item for reve-
nue purposes provided that a corresponding increase is imposed
on the domestic production of the same article. |
GATT Library | gg726ks7543 | Extracts from the report of the Sub-Committee which prepared the Geneva text of chapter II - Employment and Economic activity | United Nations Conference on Trade and Employment, December 5, 1947 | First Committee: Employment and Economic Activity | 05/12/1947 | official documents | E/CONF.2/C.1/5 and E/CONF.2/C.1/1-26 | https://exhibits.stanford.edu/gatt/catalog/gg726ks7543 | gg726ks7543_90180234.xml | GATT_150 | 1,364 | 9,355 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.1/5
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL:ENGLISH
FIRST COMMITTEE: EMPLOYMENT AND ECONOMIC ACTIVITY
EXTRACTS FROM THE REPORT OF THE SUB-COMMITEE WHICH PREPARED
THE GENEVA TEXT OF CHAPTER II - EMPLOYMENT AND ECONOMIC
ACTIVITY
As requested at the Fifth Meeting of the First Committee, the
Secretariat is circulating herewith, for information, extracts from
the Report of the Sub-Committee of the Second Session (Geneva document
E/PC/T/95, Restricted) which relate to points at present under discussion
in the First Committee. The numbering of Articles mentioned in these
extracts has been changed to conform with the numbering employed in the
Geneva draft of the Charter.
"Article 4
It will be noted that the Sub-Committee proposes the addition
of a sentence to Article 4 referring specifically to the
International Labour Organization. The Sub-Committee considered the
various alternative versions of the sentence which had been proposed
to cover co-operation with 'the appropriate inter-governmental
organizations'. In the light of the discussion both in the
preparatory Committee and in the Sub-Committee it seemed appropriate
to include a reference to the ILO. The inclusion of this reference
would take appropriate account of the special position occupied by
that Organization in this field without excluding co-operation with
any other organization whose activities extend to the subjects
dealt with in the Article.
One delegate discussed with the Sub-Committee the amendment
proposed by his Delegation. In the discussion it appeared that the
principal difference between the proposed amendment and the version
as revised by the Sub-Committee arose over the use of such
expressions as 'fair labour standards' and 'sub-standard conditions
of labour' in the latter version. The Sub-Committee appreciated the
difficulty in defining such terms precisely. The Sub-Committee
considered, however, that such terms, when related to productivity
as they are in the text, are valid and useful concepts, particularly
when account. is taken of the progress achieved by the ILO and other
/bodies in giving E/CONF.2/C.1/5
Page 2
bodies in giving conereteness to those terms. One of the main
reasons leading the Sub-Committee to recommend the retention of
these terms is that they explicitly recognize the existence of a
relationship between unfair competition in international trade and
conditions of labour, particularly in the export industries, when
such conditions can be shown to be below accepted minimum standards.
Article 5 .
ThSub-e Committe has proposed a number of changes in Article 5
after an examination of the amendments proposed by several Delegiato.ns
The Sub-Committee considers that the revised version of this article
describes more precisely than the previous text the situation which
it is intended to cover and that the responsibilities of Mbeemrs in
such a situataraee r more clearly stat.ed In addition to certain
drafting changes, the Sub-Committee would draw atttenion to the -
significant alterations proposed exwin bmnthe t sihettessdby t Frt :
Session and by the New York Drafting Committee.
The Sub-Committee has replace'd the words fundamental
d'isequtlibrium by the emsistenmtmxpression 'r withinaladjustment uitmi
the balance of payments '. In the view ofthe Seub-Committee the trm
fundamental disequilibrium' was not satis acto try for the reasoniat
it appears in the Anr of the ticles oif aA goretametIntenrnalon'bner
Fund with a specialg meantibeng which mihit noe always applcablto
the conditions:envisaged in. this paragraph, - - - .
By a maladents theit ayu cs theountry' s balance of pa' met
Sub-Committe intends to refe r to a situation in which anabnormal
or undesirable reltionship exists between the different -tems which
mae up tbt'blinc and in partiicular where a balance Is ahieved
only bymeans of w undue movement wof items of the type -hch enter
into monetary reserves. - : - - .
The characterization of the state of affairs as one n,wbic -
thepersistent maladjustment 's a major factor in a situ-;n in.
ws'hich otherNmbers are involved in balance of payment difficultieal
intendedv- -stess- frstly, that balance of payments ---
difficulties are not necessarily caused by malade iz t- ..-
anothr~ountty aicof pyments, and secondly, that -||
mentArticle is intendedo apply only- n the persistent' mij3as ti
is a majorfaoor-i the situation. . -
The Sb.onttteeas expanded the phriae:i th fr
ha inndicap them in-aintaining employmentt o handicap them-i '
ctradearying out the pkv$bf -Aiticle3without report to :6de
restrictions' This ch.ge is desigaoto make it clear that the -
/purpose of the Article E/CONF.2/C.1/5
Page 3
purpose of the Article is that suitable action should be taken so
that Members may be able not merely to pursue the objective of
maintaining employment, production and demand, but also to do so
without resorting to trade restrictions as a means of remedying
their balance of payments difficulties.
The words 'while appropriate action shall be taken by the
other Members concerned' have been added to make it clear that all
Members involved in the situation have a responsibility to take
what action they appropriately can to assist in overcoming the
difficulties.
There are various means by which situations of this kind can
be corrected, some of which have been indicated in Section E on
page 5 of the Report of the First Session (E/PC/T/33). It seems
desirable, however that wherever possible, methods which expand
rather than contract international trade should, be employed. With
this consideration in mind, the Sub-Committee has suggested the
addition of the second paragraph of this Article,
"Articles 6 and 7
It will be noted that the order of the Articles numbered 7 and 8
in the New York draft has beenh reversed. This re-arrangement of the
text resulted from the Sub-Committee's discussion growing out of
amendments proposed by two Delegations. One proposal with respect
to Safeguards for Members subject to External Deflationary Pressure
provided for the convening of an inter-governmental conference by
the Orgmization such a situation and, where a Member considered
that there had been unreasonable delay in this procedure, permitted
that Member to take emergency action, which would have to be
withdrawn if subsequently disallowed by the Organization. The other
amendment suggested that affected Members might need to take action
separately or in conjunction with other Members'.
The first conclusion of the Sub-Committee in considering these
proposals was that the Chapter should be strengthened by providing
that the Organization should initiate consultations among its
Members if an urgent situation arose involving the international
spread of a decline in employment, production and demand. Cases
might arise in which the contemplated arrangements for consultation
and planning of concerted actioe under the auspices of the Economic
and Social Council would involve undue delay, thus leading to a
further deterioration of the position of the Members affected and
increasing the likelihood of their adopting restrictive measures
of defense. It was therefore felt that, consistently with the
/authority E/CONF.2/C.1/5
5
Page 4
authority of Organization under Article 69 (b) to facilitate(b)r Ar 6.±ariltte ¢
onsultat n -aqqbers - o n aatini to the provisionscallionsreltg, v._.tions
hshould badded.-t to the article dealingeo2:th aica. a.4e
and Exchange of Information, permiting theittth f;-
on itself to initiate cxosultations in such a situation. Ityen conrubna such a itution It
transpose the two articlesls appeared`cnt; to 'tanab& tet o. articles
y of seeking consultitiojnan order to dzthr t esWrabity. of. eekng csultation
for t hessi lkepure.orsov nssg- cnoifficulties. whreverpo8ib
without resortto releaseerm Charter obligations, -
e new Article 7kWith these ,enw-Aricle`-
t amendment. The Sub-Committe noted thecHEttbo0ldbe mm without aent . The Sub-=ittenitod the
o in thisfact e.on.tlA 4i
Arturei cl e include clssinArticl,es 2159, 74,, 23, 25-29 40, -;
gnized in this connection that a seriour or abruptse89bogze.:i thi.ondtio,.t~t.z sio :.lt
de-ext 's'iuation' ralhin the: demand mgh: const tue atio witlt
tional circumcsances' referredet Article 89, or the tecepional. cOrmeb'.4;<eed
t the intention ofo in paragraph 3 of Article 74. It took ne of,.O0`Qf
of the Firstthe Preparatory Coto aexpressed in the Rep -tpf i
page 5,Session (/T/?-tllr.~iSeonpa
)parp (b,a1nd.4(c) on.page 1, pn aaaraph (1) o-pge 15
2 on page 22, to insure that there be adequraetand Stnsil.th
saf egauards i n ttheChrter tomeef rsi tuati Article 8,tons reeedto i
bd non restrictive solutions for such situations if-ut to recon4r
r through the Organzt .ion or thriugh the assistance ofdsotbrou, s
ional bodies. The Sub-Committee endoreessthese views..." dh :SubmCoaitee endQr.5O tbqqJiV4d!,, |
GATT Library | qj419jf6361 | Extracts from the report of the Sub-Committee which prepared the Geneva text of chapter II - Employment and Economic activity : Corrigendum | 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.1/5/Corr.1 and E/CONF.2/C.1/1-26 | https://exhibits.stanford.edu/gatt/catalog/qj419jf6361 | qj419jf6361_90180235.xml | GATT_150 | 151 | 960 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/COF. 2/C .1/5/
Corr.1
8 December 1947
ENGLISH - FRENCH
ORIGINAL: ENGLISH
FIRST COMMITTEE: EMPLOYMENT AND ECONOMIC ACTIVITY
EXTRACTS FROM THE REPORT OF THE SUB-COMMITTEE WHICH PREPARED
THE GENEVA TEXT OF CHAPTER II - EMPLOYMENT AND ECONOMIC
ACTIVITY
CORRIGENDUM
Page 4, paragraph 2, 4th line from the end
In place of "... to meet situations referred to in Article 8 ...".
read "... to meet situations referred to in Article 7...".
PREMIERE COMMISSION : EMPLOI ET ACTIVITE ECONOMIQUE
EXTRAIT DU RAPPORT SOUMIS PAR LE SOUS-COMITE QUI A ETE
CHARGE DE PREPARER A GENEVE LE TEXTE DU CHAPITRE II
EMPLOI ET ACTIVITE ECONOMIQUE
CORIGENDUM
Page 5, treizi?me ligne du dernier aln?a
Au lieu de" ... pour faire face aux situations vis?es à 1'article 8 ..."
lire "... pour fare face aux situations vis?es dsa1l'article 7 ...". |
GATT Library | wy993th5199 | Fifth Meeting, 5 December 1947 at 4.00 p.m. Committee Room B | United Nations Conference on Trade and Employment, December 5, 1947 | Fifth Committee: Inter-Governmental Commodity Agreements | 05/12/1947 | official documents | E/CONF.2/C.5/4 and E/CONF. 2/C. 5/1-19 C. 5/A/1-2 | https://exhibits.stanford.edu/gatt/catalog/wy993th5199 | wy993th5199_90200050.xml | GATT_150 | 258 | 1,874 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.5/4
ON DU 5 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
FIFTH COMMITTEE: INTER-GOVERNMENTAL COMMODITY AGREEMENTS
Fifth Meeting, 5 December 1947 at 4.00 p.m.
Committee Room B
AGENDA
1. Continuation of first reading of SECTION A of Chapter VI of
Draft Charter - "GENERAL CONSIDERATIONS" (Articles 52 to 54)
Note;
Since the first reading discussion of this Article the delegation
of Italy has now submitted the text of its amendment (See Conference
Document C.5/3/Add.2).
2. First reading of SECTION B of Chapter VI - "INTER-GOVERNMENTAL
COMMODITY AGREEMENTS IN GENERAL" (Articles 55 to 58)
See Preliminary Annotated Agenda (Conference Document C.5/3).
The delegation of Peru has proposed that a third paragraph be added
to Article 56 as follows:
"3. When accepting the invitation of the Organization to
participate in an inter-governmental conference in order to
discuss methods designed to meet the special difficulties
exciting with respect to a certain commodity any Member shall
commit itself not to keep in force the unilateral methods it may
have previously adopted to solve the aforesaid difficulties,
particularly those methods which are opposed to the principles
set forth in Chapter IV of the Charter."
3. First reading of SECTION C of Draft Charter - "INTER-GOVERNMENTAL
COMMODITY CONTROL AGREEMENTS" (Articles 59 to 63)
See Preliminary Annotated Agenda
4. First reading of SECTION D of Draft Charter - "MISCELLANEOUS
PROVISIONS" (Articles 64 to 67
See Preliminary Annotated. Agenda
The delegation of Colombia has proposed the addition of a new Article
( see document C.5/3/Add.1). |
GATT Library | kc311mh1341 | Fifth Meeting held on 27 January 1947, at 2:45 p.m | United Nations Economic and Social Council, January 27, 1947 | United Nations. Economic and Social Council, Preparatory Commission of the Conference on Trade and Employment Drafting Committee, and Technical Sub-Committee | 27/01/1947 | official documents | E/PC/T/C.6/18 and E/PC/T/C.6/1-20 | https://exhibits.stanford.edu/gatt/catalog/kc311mh1341 | kc311mh1341_90230051.xml | GATT_150 | 1,409 | 9,106 | United Nations Nations Unies RESTRICTED
ECONOMIC CONSEIL 27 January 1947
AND ECONOMIQUEUE
SOCIAL COUILL ET SIAL
DRAFTINGCOMMITTEE OF THEPREPARATORY COMMITEE OF THE
INTERNATIONAL CONFERENCE ON TRADE AND EMPLOYMENT.
TECHNICAL SUB-COMMITTEE
-Fifth Meeting held on 27 January 1947, at 2:45 p.m.
Chairman: Mr. R J. Shackle
The Chairman, Mr. Shackle, made the proposal, which was accepted,
that he suggest to the Chairman of the Drafting Committee that the
representatives of Brazil, Canada, Cuba, New Zealand and the
Union of South Africa be appointed regular members of this Sub-Committee
as they regularly attend and participate in the discussions of the meetings,
Summary of Discussions onArticle 17: Anti-Dumping and Countervailing
Duties (Reference -E/PC/T/C.II/54/Rev.1)
The text of all paragaphs of Article 17 is given below with agreed
additions underscored, and with amendments on which agreement could not be
reached in square brackets:
Paraaph 1,was discussed primarily in the Fourth Meeting,
but some modification was made inthis meeting.
Paragraph 1. "No anti-dumpingduty or charge shall be
imposed on any product of any Member country imported into .any.
other Member country in excess of an amount equal to the margin of
dumping under which such product is being imported. For the purposes
of this Article, the margin of dumping shall be understood to mean
the amount by which the[laended] price of the product exported from
one country to another is less [by more than 5%] than (a) the
comparable price charged for the like product to buyers in the domestic
market of the exporting country, or, in the absence of such domestic
price, either (b) the highest comparable price at which the like
/product is -
E/FC/ T/C.. 61
product rdinary courseport to an, third cotr y in the o I course
of cormeroe, or (c) the cost ot production of the production the
country of originaplus a reasoreble addition for selling cost end
=,rgif of px2Kit; with due allowance in each case ior differences
of conditions end terms of sale, Ifr differences in taxation, and for
other differences affecting price couparebility."
The disposition of the coments Siven under paragraph 1 (pages 13
aAd 14 of Report z/PC/T/C.ti54/1?av.i) as a result of the changes above
are:
(a) The Delegates for Czechoslovakia and France supported this
endment but did not press the point pending final consideration
of the Austalian addition of paragrsph 6 below and of the
question of allowing quantitative restrictions to be permitted to
curb dumping.
(b) Taken into occount by the addition, of the underscored wbrds
in (c) .of paragraph 1.
(c) Dealt wit~ by the addition of "or- charge" in line 1 above.
(d) The resarvtheons made by Brazil was left for action by tCa
ittee,te oI tthe country in the Thafting ,omittee, should he
w-sh to maintain It.
(e) Withdrawn.
(fr If the present redraft of this Article does not meet the
Dwlshatiovoicei=Ua% point, that oonnry may Oieli o mice It in
the full, Drafting Co ittee.
(g) Withdrawn,
(h) Dealt with by amendments.
(i) The word. "landhd' in square brackete was, included in t'e
text of this paregraph "on. tha sole responsibility of the
United Ki-nado=.
/(3) The first
~~~~~~~~~~~~~~~~~~~~~ E/ PC/ T/C. 61/8
Page 3
(j) The first objection of the Delegation of New Zealand was
met by the deletion of "in .the absence of (a) or (b)" in the
original United States text of this paragraph. The second,
was withdrawn on the explanation that the word "indirectly" in
paragraph 2 met this point.
The words "by more than 5%" in line 7 in square brackets were
included at the suggestion of the Dlelegate for Australia. The
United States, supported by Delegates for certain other countries,
advised against the inclusion of these words.
Paragraph 2. ."No countervailing duties shall be imposed on any
product of an, Member country imported into. another Member country
in excess of an amount equal to the estimated bounty or subsidy
determined to have been granted, directly or indirectly, on the
production or export of such product in the country of origin or
exportation"..
The following definition was agreed upon but whether to include
it as an amendment to this paragraph or under a list of definitions
elsewhere, was left to the decision of the Legal Drafting Sub-Committee:
"The term 'countervailing duty shall be understood to mean an
additional duty imposed for the purpose of offsetting any bounty
or subsidy bestowed, directly or indirectly, upon the manufacture,
production or exportation of any merchandise".
The commentson paragraph 2 were disposed of as follows:
(b) Withdrawn.
(c)China may wish to raise this point in fullDrafting Committee.
(d) Australia would not press this.
(e) Brazil and..others.maywish toraise thispoint in the
Drafting Committee discussions of Secticn C, Chapter V of the
Charter.
/Paragraph 3. /Paagraph 3. E/PC/T/C.6/18
Page 4
Paragraph3 . -"No product of any Member country imported into
any other Member country shall be subject to anti-dumping or
countervailing duty by reason of the exemption of such product from
duties or taxes imposed in the country of origin or exportationupon
the like product..when consumed domestically, or by reason of the
refund of such duties or taxes".
Aceepted with no change or comment.
Paragraph 4. "No product of -any Member country imported into
any other Member country shall be subject to both anti-dumping and
countervailing duties to compensate. for the same situation of
dumping or export subsidization."
Accepted with no change or comment.
Paragraph 5. "No Member shall impose any anti-dumping or
countervailing duties or charges on the importation of any product
of. other Member countries unless it determines that the effect of the
dumping or subsidization, as the case may be, is such as to materially
injureor threaten to injure en established domestic industry, or is
such as to prevent the establishment of a domestic industry."
Disposition of commentson paragraph 5:
(a) Brazil mwy yish ro xetini this attitudein. full Drafting
Committee.
(b) Dealt with by proposed. deletion. . *
(c)d Dealt with by adLiti[n]of paragraph 6 -7.
(dd Dealsswith by ad,itiona above.
(ea&(f) Withdraw, as Aendments to this Lrticle clarify the
tiewnce in comment (e)oe i ncoment (e).
The General Coagents given on peoe 17 of the Lond~n Report of.
the Sub-Comittee were deal: with as follows; -
(a) Vithdrasn.
(b) Diapo[6]. of by paragraph -7 below.
/(c) Dealt E/PC/T/C .6/18
Page 5
(c) Dealt with by amendments to paragraph 2 and paragraph
6 [7]below.
(d) In response to the Union of South Africa, comment, it
was pointed out that anti-dumping duties as defined in this
Article may be imposed upon the date of entry into force of
this Charter, and that appeal to central authority is permitted
in Article 35 and in paragraph 6 [7]
(e) Withdrawn.
[paragraph 6. "Any Member country maintaining restrictions
against forms of dumping other than 'price dumping',. e.g. Freight
dumping or Dumping by means of Depreciation of Currency, shall only
impose such dumping duties where it has determined after enquiry
that the method and extent of dumping against which action is taken.
is such as to injure or threaten to injure an established domestic
industry .]
The Delegation of the United Statesfeelsthat this paragraph
suggested. by Australia should be deleted.
Paragraph 6 [7] "The Organization shall, as soon as
practicable, seek to establish criteria under which anti-dumping
or countervailing duties may be imposed which would be accepted
universally by Member countries. In particular, the Organization
should consider the advisability of including among such criteria the
requirement of a determination by an independent administrative
authority in the country imposing the duties as to the actuality or
potentiality of injury to a domestic industry."
Secretariat Note: It should be noted that Article 85,
Amendments to the Charter, as presently worded, states that
amendments need only receive the approval of affirmative votes of
two-thirds of the Members of the Conference.
/The Delegate for Cuba E/PC/T/C .6/18
Page. 6
The Delegate for Cuba pointed out that "criteria" in English
could not be translated into any one word, in Spanish, and it was
agreed to bring this to the attention of the translators when
officially translating the Charter into Spanish.
The Technical Sub-Committee recommendedthat the words "anti-dumpingg
ndd countervailing duties" be inserted after the hrans" customs
regulations and formalities in Article 35, paragraph 1, line 5,
(Official London Report - E/PC/T/33) to stress the application of Article 35
in respect of Article 17, particularly paag8raph 5.
The discussion of the suggestedamendnment to paragraph 1 of
Article 17 by theDtelg6ation of Cubawvas postponed until the next meeting. |
GATT Library | cf589rs5789 | Fifth Plenary (AM) Take #5 | 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/cf589rs5789 | cf589rs5789_90200353.xml | GATT_150 | 539 | 3,479 | UNITED NATIONS CONFERENCE ON TRADE & EMPLOYMENT
Department of Public Information
Havana, Cuba.
FIFTH PLENARY MEETING (AM) TAKE #5
Press Release ITO/59
28 November 1947
FIFTH PLENARY (AM) TAKE #5
The next speaker was MR. VIICTOR MENUEL VALDËS of El Salvador,
who pledged his country's fullest cooperation in the task of es-
tablishing an international trade organization and a Charter to
govern world trade. The proposed Charter and the ITO should be
based, he said, not on political, but rather on economic considera-.
tions.
Like other speakers, Mr. Valdés called the draft Charter a
be
good working basis, adding that it might/usefully amended on several
specific points,
To restore and dovelop international trade, he declared, it
was not enough to lower prices and tariffs; the national economies of
all countries must aIso be developed. He also emhasized the de-
sirability of retaining regional economic arrangements such as ob-
tained among Central American ceuntries, including El Salvador.
On behalf of the Indonesian Republic, Dr. A.K. Gani, expressed
appreciation for the invitation to attend this Conference and said
his country was in full accord with its aims.
The Indonesian Republic, he said was rich in natural re-
sources and was convinced of the importance of encouraging foreign
capital investments along the lines suggested in the ITO Draft
Charter.
His delegation, he stated, had come here to acquaint this
Conference and tho world at large with the vast potontialities of
his country . which was now the victim, of what he called a gression.
At this point, he briefly outlined the geography, demography,
recent history, etc. of the Indonesian Republic. He estimated the
present population of Indonesia at 71 million inhabitants, 61 million
(MORE) -2 - ( AM) TAKE #5
ITO/59
of whom lived in the territory of the Republic of Indonesia. He
challenged Dutch statistics to the effect that the Dutch administer-
ing authorities represented 80 million people in Indonesia. Pefore
the war, he said, there was only one medical doctor for overy 60,000
inhabitants of Indonesia.
As for the pre-war economic situation, he cited statistics for
1938, saying they were typical. In that year, he declared, there
an excess of 300,000,000. of exports ovar imports. Of this ex-
cess, ho said $38 million went to Indonesians (forming 98% of the
population), the remaining $262 million going to Europeans and
other foreigners in Indonesia. He cited similar statistics from
other fields to support his contention of anti-Indonesian discrimina-
tion on the part of the Dutch. He further accuscd the futch of
maintaining a blockade to "stranggle" the Republic of Indonesia eco-
nomically, saying the blckade extended even to vitally needed basic
necessities, such as food stuffs and medicines.
As a result of both pre-war and current Dutch policies, he
said, the Republican standard of living was so low that the Republic
had little to lose from continued resistance. The Republic, he
added, would continue to oppose any further Dutch encroachment on
its territory.
He called the possession of self-government the most vital
prerequisite of a people for economic well- being in the modern
world.
He described Dutch, practices in Indonesia as "monopolistic"
and pledged his country to put an end to such and other restrictive
economic policies.
(End of Take #5) |
GATT Library | mb981rw3635 | Fifth Plenary Meeting (AM) Take # 1 | 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/mb981rw3635 | mb981rw3635_90200350.xml | GATT_150 | 110 | 732 | UNITED NATIONS CONFERENCE ON TRADE & EMPLOYMENT
Department of Public Information
Havana, Cuba.
5th Plenary Meeting (AM) TAKE # 1
Press Release ITO/59
28 November 1947
FIFTH PLENARY MEETING (AM) TAKE # 1
Before continuing the general debate at the fifth plenary
meeting this morning President Sergio I. Clark called on the First
Vice-President, Mr. Max Suetens, to introduce the recommendations
of the General Committee concerning the working program of the
Conference. (See Press Release ITO/43).
This working program was approved unanimously, without discus-
sion.
The first speaker in the resumption of the General Debate was
U Kyin of Burma. (See ITO/47 for full text).
(End of Take # 1) |
GATT Library | zw442rg2438 | Fifth Plenary Meeting-(A.M.) Take # 2 | United Nations Conference on Trade and Employment, November 28, 1947 | Department of Public Information Havana-Cuba and United Nations Conference on Trade and Employment | 28/11/1947 | press releases | Press Release ITO/59 and ITO/48-73 | https://exhibits.stanford.edu/gatt/catalog/zw442rg2438 | zw442rg2438_90200351.xml | GATT_150 | 281 | 1,770 | UNITED NATIONS CONFERENCE ON
TRADE AND EMPLOYMENT
DEPARTMENT OF PUBLIC INFORMATION
HAVANA-CUBA
Press Release ITO/ 59
28 November 1947
FIFTH PLENARY MEETING - (A.M.) TAKE # 2
Speaking for Burma, Mr. U. Kyin emphasized the great interest
which small countries in the stability of international coimmerce
and declared that it was necessary for the Charter to provide the
maximum opportunity for the development of those countries.
As for the employment aspect, the representative of Burina
felt that the Charter should aim at raising the lower levels to
the higher and not merely content itself with elimination of sub-
standard conditions of labor. he guiding principle, he said,
should be that all measures adopted ought to be reasonable and
least restrictive of international trade.
The future organization, said Mr. U. Kyin, will have to ac-
commodate all types of economics and social philosophies, raking
his own country as an example, the representative of Burma said
that the economic stability could only be realized bj increasing
production all around, by preventing the inflationary spiral from
taking one more turn for the worse, and by controlling imports--
in short by working out a completely planned economy. Any agree-
mnent, he said, between his country and other nations must permit
measures towards rehabilitation of the devastated economy of Bur-
ma and the amendments which his delegation will submit will be
directed towards this end.
The Charter, Mr. U.Kylin said, ,will have to contribute to the
development of those countries which are not yet completely in-
de? -dent. Thus, he concluded, it will not only bring happiness
to the great mass of humanity but will also be an instrument of
peace.
(END OF TAKE # 2) |
GATT Library | fx323rp2380 | Fifth Plenary Meeting-(AM) Take #4 | United Nations Conference on Trade and Employment, November 28, 1947 | Department of Public Information Havana, Cuba and United Nations Conference on Trade and Employment | 28/11/1947 | press releases | Press Release ITO/59 and ITO/48-73 | https://exhibits.stanford.edu/gatt/catalog/fx323rp2380 | fx323rp2380_90200352.xml | GATT_150 | 303 | 1,866 | UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT DEPARTMENT OF PUBLIC INFORMATION
HAVANA, CUBA
(AM) TAKE #4
Press Release ITO/59
28 November 1947
FIFTH PLENARY MEETING - (AM) TAKE #4
The third speaker in this morning's continuing general debate
was MR. ALY BHAGAT of Egypt.
Mr. Bhagat called attention to the fact that his country as any
other country has an economy characteristically all its own based
upon the production of cotton.
He then mentioned the increase in population -- four million
durin- the last seven years -- and the problems they have had to
face since 1930.
Praising the proposed Charter as it has been submitted, the
Egyptian delegate however said some of its articles should be revised
in this connection, Mr. Bhagat made the following two points:
a) That the Arab States members of the Arab League prior to
the initiation of the present draft Charter of the ITC, unanimously
passed certain resolutions to safeguard their interests; and these
resolutions are binding on all Member States.
b) That on the question of preferential treatment, if the
proposed Charter is to tolerate such a practice among certain
countries, giving as sole excuse that these privileges are of
long standing, Egypt and the States members of the Arab League, shall
be free to enter into similar agreements of a preferential nature.
He then referred to the unique Position enjoyed by some of the
big powers and said that in fairness the smaller nations realize that
these big powers have to shoulder greater responsibilities.
Finally, Mr. Bhagat declared that to achieverecovery and recon-
struction in the postwar world, "we should join hands in a spirit of
mutual understanding and cooperetion,"' discerding the old. practice
of survival of the fittest and confronting problems in the spirt of
life and let live,
(END OF TAKE # 4) |
GATT Library | vh495rb8776 | Final Act adopted at the conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, [ca. 1947 - 1994] | United Nations. Economic and Social Council | NaT | official documents | E/PC/T/214.Rev.1 and E/PC/T/212-214/ADD.1.REV.1 | https://exhibits.stanford.edu/gatt/catalog/vh495rb8776 | vh495rb8776_92290272.xml | GATT_150 | 1,057 | 6,707 | UNITED NATIONS
ECONOMIC CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/214.
SOCIAL COUNCIL ET SOCIAL
FINAL ACT ADOPTED AT THE CONCLUSION OF THE'T ! '.f _ C i J rL U r I C IF .
SECOW1 QEHEIQ?1 0. THE PREPARATORY COMMITTEE OF TIM
MP1OYMENTATIONS CONFERENCE 014 R-DE .IDENL0-lzWI!
'rp-?I ?rOwr ? T*? xr?,7rr ?r?::rr" ri,' COMMTSSI0N
SUR.? *.? J?
In accordnce wi h the Reso-
tudïon adopFirstt She J.'±± session
of the Preparatory Committee of
the United fetions Conforence on
Trade and Employment, established
by the Ecoonomic and Scial Council
of the Inited Fations on Pebruary
18, l9+6«
qhe Governmentm of the Cormon-
wealth of Australia, the Kingdom
of B lgiued Stshe-Unita Sates of
Brazil, Burma, Canada, Ceylon,
thefRepubl,c o0 Chile the
RepubliC oS China, the Republic
of Cuba, the Czechoslovak Re-
pubeic, the Frinch Republïc,
anona, tht.Lrand U e hCuzr Ducîy
gS Lux Kbure, the Xiegdom of tho
Netherlendsn New Zcalaid, the
Kingdomof Nqrwan, Pakistar;
Southern Rhodo,ia, SyriaJ the
Union ofiSouth efr1ca, tho
Udited Kingiom oi Great Br.tain
and Northern ireland, and the
United States of America,
non`ovrmel:t à la résolution
adope û lors dè la premiere session
da la Commission préparatoire de la
onférence.des Nations Unies sur le
Ccm'merce et lEmploi, constitute le
18 février 1946 par lécConseil 6oo-
nomi-ue et social des Nations Unies,
les Gouvernementswdu Commonvealth
d'Australie, du Royaume de Belgique,
des Etats-Unis du Brésil, de la
Birmanle, du Canada, de Ceylan,
de la République du Chili, de la
République de Chine, de la Répu-
bliaue du Cube, des Etats-Unis
d'Aeniqu6, dr la République fran-
çaiIc, de 1 tnde, du Liban, du
déaid-Duch' de Luxembourg, du
Royaume de Norvège, de la Nouvelle-
Zélaake, du PRJistan, du Royaume
Bes Pays .ash de la Riodésie du
Sud, du Royaume-Uni de Grande-
1retn.no et d'Irlande du Nord, de
la Syric, de la Répeblique tchéco-
lo aque et.de l'Unifn cud-aeridaine,
UNIES1E E/PC/T/214,Rev.1.
Page 2
initiated negotiations between Ont engagé a Genève, le 10 avril
their representatives et Geneva 1947, par l'entremise de leurs re-
on April 10,1947, directed to the présentants, des négociations en vue
substantial reduction of tariffs de réduire, d'une façon substantiel-
and other trade barriers and to the le, les tarifs douaniers et les au-
elimination of preferences, on a tres entravas au commerce et d'éli-
reciprocal and rnutually advantageous miner les préférences, sur une base
basis. These negotiations have
de réciprocité et d'advantages mu-
terminated today and have resolution
tuels. Ces négociations ont pris fin
ïn the framing of a General Agree-
ment on Tariffs and Trade and of aujourd'hai et ont abouti à 1'éla-
a Protocol of Provisional Appli- boration d'un Accord général sur les
a Protocol of Provïsional Appli-
cation, the texts of which are tariffs douaniers et le commerce et
annexed hereto. These texts are d'un Protocole d'application pro-
hereby authenticated. visoire, dont les texts sont joints
au present Acte. L'authenticité de
ces textes est établic par le pré-
sent Acte.
The signature of this Final Act, La signature, par les gouverne-
or of the Protocol of Provisional ments susnentionnés, du présent
Application, by any of the above- Acte final ou du Protocole d'appli-
mentioned governments does not cation provisoire ne porte atteinte
in any way prejudice their free-
en aueune manière à leur liberté
dom of action at the United Nations d'action à la Conférence des Nations
Conference on Trade and Employment.Unies sur le Commerce et l'Emploi,
This Final Act, including Le présent Acte final'insi
the texts of the General que le texte de l'Accord général
Agreement on Tarfiss and sur les tarifs douaniers et le E/PC/T/2l4 .Rev.1
Page 3
Trade and of the Protocol of
Provisional Application, will
be released by the Secretary-
General of the United Nations
for publication on November
18, 1947, provided that the
Protocol of Provisional Appli-
cation shall have been signed
by November 15, 1947 on behalf
of all the countries named
therein.
IN WITNESS WHEREOF the
respective Represontatives
have signed the present Act.
DONE at Geneva, in a single
copy, in the English and French
languages, both texts authentic,
this ................. day of
October, one thousand nine
hundred and forty seven.
For the Commonwealth of
Australia
For the Kingdom of
Belgium
commerce et celui du Protocole
d'application provisoire seront
publiés le 18 novambre 1947 par
les soins du Secrétaire général des
Nations Unies,à la condition que le
Protocole d'applioatiou provisoirs
ait été signé le 15 novembre 1947
au nom de tous les pays énumérés
dans ce Protocole.
EM FOI DE QUOI les représen-
tants des gouvernements sus-mention-
nés ont signé le présent Acte.
FAIT à Ganève en un seul exem-
plaire, en laneues française et
anglaise, les deux taxtes faisant
également foi, le. .... .............
octobre mil neuf cent quarante-sept.
Pour le Commonwealth
d'Australie -
Pour le Royaume de
Belgique E/PC/T/214. Rev. 1
Page 4
For the United States
of Brazil
.............
For Burma
.. . . . . . .. . .
For Canada
For Ceylon
Pour les Etats-Unis
du Brésil
Pour la Birmanie
Pour le Canada
Pour Ceylan
For the Republic of Chile
.....................
For the Republic of China
For the Republic of Cuba
For the Czechoslovak Republic
Pour la République du Chili
... ................ , C .b.x. e
Pour laChinablique de GCe~
iour la Cvpublîque de Guba
I O
Pour la Répucliquv tchéçoslo'aque
0 . . . . . . . . . ....... . . . 0 , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E/PC/T/214 . Rev. 1
Page 5
For the French Republïc
For India
For Lebanon
Pour la République française
Pour l'Inde
Pour le Liban
For the Grand Duchy of Luxemburg
Pour le Grand-Duché de Luxembourg
For the-Kingdom of the Netherlands Pour le Royaume des Pays-Bas
For New-Zealand
Pour la Nouvelle.,Zélande
For the Kingdom of Norway
. . . ...... ....... . . . .
Pour le Royaume de Norvège E/PC/T/214 .Rev .1
Page 6
For Pakistan
Pour le Pakistan
For Southern Rhodesia
For Syria
Pour la Rhodésie du Sud
Pour la Syrie
For the Union of South Africa
For the United Kingdom
of Great Britain and Northern
Ireland
Pour l 'Union '.tud-africaine
Pour la Royau,e-Uni de
Granade-Bretagne et
d 'Irlande du Nord
For the, United States of America
Pour les Etats-Unis d'Amérique |
GATT Library | cm477cv8420 | Final Act and Related Documents | United Nations Conference on Trade and Employment Havana, [ca. 1947 - 1994] | NaT | official documents | ICITO/1/4, ICITO/INF/1-8, and ICITO/1/1-16 | https://exhibits.stanford.edu/gatt/catalog/cm477cv8420 | cm477cv8420_90180014.xml | GATT_150 | 19 | 151 | ICITO/1/4
United Nations Conference on Trade and Employment
Havana
FINAL ACT AND RELATED DOCUMENTS
Microfiche Collection: see
E/CONF.2/78
Printed |
|
GATT Library | nw982fr4844 | First Committee: Employment and Economic Activity preliminary annotated Agenda for chapter II - Employment and Economic activity : Prepared by the Secretariat | United Nations Conference on Trade and Employment, December 3, 1947 | 03/12/1947 | official documents | E/CONF.2/C.1/3 and E/CONF.2/C.1/1-26 | https://exhibits.stanford.edu/gatt/catalog/nw982fr4844 | nw982fr4844_90180223.xml | GATT_150 | 2,199 | 15,191 | E/CONF.2/C.1/3
United Nations Nations Unies 3 December 1947
ORIGINAL: ENGLISH
CONFERENCE CONFERENCE
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
FIST COMMITTEE: EMPLOYMENT AND ECONOMIC ACTIVITY
PRELIMINARY ANNOTATED AGENDA FOR CHAPTER II - EMPLOYMENT
AND ECONOMIC ACTIVITY
Prepared by the Secretariat
This agenda relates to the draft of the Charter submitted by the
Second Session of the Preparatory Committee (document E/PC/T/186) and
consists of all amendments and proposals received from delegations up to
6.00 p.m. Wednesday, 3 December. Each of the proposed amendments has been
issued as a separate document in the form of an addendum to document
E/CONF.2/11. In this annotated agenda square brackets have been used to
denote proposed deletions and underlining has been used to indicate proposed
additions.
The agenda also covers the draft resolution on emloyment 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 Purpose of this Charter -
Paragraph 1
The delegation of Mexico proposes the following amendment (document
E/CONF.2/11/Add. 8):
"The Members recognize that the avoidance of unemployment or
under-employment through the achievement and maintenance in each
country of useful employment opportunities for those able and willing
to work and of a large and steadily growing volume of production and
effective demand for goods and services is not of domestic.concern
alone, but is also a necessary condition for the realization of the
general purpose end the objectives set forth in Article I of this
Charter [including the expansion of international trade, and thus
for the welI -being of all other countries].
Paragraph 2
The delegation of Peru proposes the, following amendment (document
E/CONF.2/11/Add,4): .
The Members recognize that, while the avoidance of avoidance of unemployment
.or under-employment must depend [primerily] partily domestic
/measures, such E/CONF.2/ C.1/3
Page 2
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 with the appropriate inter-governmental organizations
[each of these bodies acting within its respective sphere and
consistently with the terms and purposes of its basic instrument].
Proposed new Paragraph 3
The delegation of Italy proposes the insertion of the following text as
Paragraph 3 and, accordingly, suggests that old Paragraph 3 be renmbered
Paragraph 4 (document E/CONF.2/11/Add.18):
"The Members recognize that the existence at the same time of the
problems of unemployment and lack of manpower requires the gradual
repeal of every restriction to international migrations not justified
by vital requirements of the country concerned and. suggest as a means
to aid the solution of these problems in the most satisfactory manner,
an international co-ordination of the unemployment services in
accordance with the wishes expressed within the International Labour
Organization and in co-operation with it."
Paragraph 3 of the Geneva Draft
No change in the text of this paragraph has been suggested.
Article 3 - Maintenance of Domestic Employment
Paragraph 1
The delegation of Mexico proposes the following amendment (document
E/CONF.2/11/Add.28):
"Each Member shall take action designed to achieve and maintain
full and productive employment and large and steadily growing demand
within its own territory through measures [appropriate to]
consistent with its political, economic and social institutions."
Paragraph 2
The delegation of Italy proposes the following amendment (document
E/CONF.2/11/Add .18):
"Measures to sustain employment, production and demand shall be
consistent with the other objectives and provisions of this Charter.
Members shall seek, principally by means of international co-operation,
to avoid measures which would have the effect of creating balance-
of-payments difficulties for other countries."
Proposed new Paragraph3
The delegation of Mexico proposed the addition of the following
paragraph (document E/CONF.2/11/Add.28):
/"The Members shall, E/C0NF.2/C.1/3
Page 3
"The Members shall, having regard to the conditions existing
as regards the demand for labour in their respective territories,
give favourable attention to requests for the engagement of workers
to work temporarily in the country making the request. The latter
country shall duly enact laws prohibiting the immigration of manual
markers when in the opinion in each case of the Government receiving
the request, such immigration would be prejudicial to the economic
and social interests of the country from which the workers are
proceeding. The requesting country shell also impose penalties, making
such action unprofitable, on employers in any part of its territory
who engage or provide work without engagement for manual workers who
have entered the counts illegally; The provisions of this paragraph
shall be in no way applicable to political refugees or to persons
leaving their country of origin or residence because of the
existence therein of a forced labour system in time of peace."
Article 4 - Fair Labour Standards
Amendments to the present text
The delegation of Argentina proposes the following amendment (document
E/CONF.2/11/Add.3 ):.*
"Each Member, recognizing that all countries have a common
interest in the achievement and maintenance of fair labour standards
related to productivity, shall take whatever action may be appropriate
and feasible to eliminate sub-standard wages and conditions of labour
in[ production for export and generally throughout its territory]
all fields o economic activity, whether engaged in production for
export or not. Members which are also members of the International
Labour Organization shall co-operate with that Organization in giving
effect to this undertaking."
The delegation of Burma proposes the following amendment (document
E/CONF.2/11/Add. 23):
"Each Member, -recognizing that all countries have a common
interest in [the achievement and maintenance of fair labour standards
related to productivit] steadily rising labour standards, shall take
whatever action may be appropriate and feasible to eliminate sub-
standard conditions of labour[in production for export and generally
throughout its territor] and to achieve and maintain fair labour
standards related to productivity. Members which are also Members
of the International Labour Organization shall co-operate with that
organization in giving effect to this undertaking."
/The delegation of Page 4
The delegation of Ceylon proposes the following amendments to this
Article ((E/CONF.2/11/Add.33):
1. Each Member, recognizing that all countries, have a common interest
in the achievement and maintenance of fair labour standards related to
productivity, shall take [whatever] action [may be appropriate and
feasible] to eliminate sub-standard conditions of labour in production
[for export and generally] througout its territory. [Member. which
are also members of the International Labour Organization shall
co-operate with that organization in giving effect to this understanding.]
The Organization shall take steps to ascertain what action has
been taken by Members in pursuance of paragraph 1, above, and shall
submit an annual report thereon to the Conference of the Organization.
"3. Members which are also members of the International Labour
Organization shall co-operate with that Organization in pursuance
of the objects of paragraph 1 of this Article.
The delegation of Mexico proposes tho folIowing amendment of he final
sentence in Article 4 (document E/CONF.2/1/Add.31):
"Each Member, recognizing that all countries have a.common. :
interest in the achievement and maintenance of fair labour standards
related to productivity, shall take whatever action may be Appropriate
and feasible to eliminate sub-standard condition's of labour in
[production fo export and generally througout] its territory and to
avoid any action likely to in injure the production for export of a Member
countr y by the maintenance in its t terroitory of unfair conditions of
labour."
The delegation of Peru proposes thing following amendment (document
E/11VF,2/11/ /Add. 4):
"Each Member, recognizing that all countries have a common interest
in the achievement and marntenance of fair labour standards related to
productivity, shall take whatever action may be appropriate and feasible
to eliminate [sub-standard conditions of labour [in production for export
and generall. throughout its territory' Members which are also members
of the International Labour Organisation shall co-operate with that
organization in giving effect to this undertaking." '.
Proposed new Paragraph
The delegation of Mexico proposes the addition of the following
paragraph (document: EICONF.2/11/Add.28):
2. In fixing wages, making promotions. and determining type of
work to be assigned to workers, the actual or original nationality of'
the workers shall not be a disadvantage.The Members shall each laws
embodying the principle of equal pay for equal work, imposing
/penalities on any E/CONF.2/C.1/3
Page 5
penalties on any act of discrimination against workers on grounds of
nationality, origin, race, religion or sex, on the part of nationals
or residents of the country in which such workers are employed, and in
addition imposing penalties on employers who do not grant such workers
the same economic and social advantages as are enjoyed by their own
nationals.
Article 5 - Removal of Maladjustments within the Balance of Payments
Paragraph 1
No change has been suggested.
Proposed new-Paragraph 2
The delegate on of Peru propoees the insertion of the following text as
Paragraph 2. and, accordingly suggests that old Paragraph 2 be renumbered
Paragraph 3 (document B/CONF.2/11/Add.32):
"The Organization shall preferably conduct its action in a manner
tending to promote the regulating machinery provided for by the Charter
in order, under satiskactory market and price conditions, to direct
the placement of the international trade balance during such periods
in which. malad justments within the balance of payments extend in an
increasing manner and, in the judgment of the Organization, threaten
world general economy"
Paragraph 2 of the Geneva Draft
No change in the text of this paragraph has been suggested.
Article 6 - Exchange of Information and Consultation
Proamble to Paragraph 1
No change has been suggested.
Sub-paragrap (a)
No change has been suggested.
Sub-paragrap (b)
The delegation of Mexico proposed the following addition at the end of
sub-paragraph (b) (document E/CONI.2/1U/Add.3l): .
"...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 - Safeguards for Members Subject to External Deflationary Pressure
No Change has been suggested.
/Pronosed new Article E/CONF.2/C.1/3
Page 6
Proposed new Article
The delegation of Mexico proposes the addition of the following Article
to Chapter II (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 provailing
before the adoption of the measure. In the event of the adoption of
any such measure, a country which is or may be affected by the measure,
may, 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 E/PC/T/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 and productive employment and a high and stable level
of world demand. It is thought that this invitation might best be
extended in a separate resolution. A draft of this resolution for the
consideration of the Conference on Trade and Employment is set out in
the next paragraph,
THE UNITED NATIONS CONFERENCE ON
TRADE AND EMPLOYMENT
"CONSIDERING that a significant contribution can be made to the
achievement and maintenance of full and productive employment 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-Governmental organizations,
acting within their respective spheres and consistently with the terms
and purposes of their basic instruments HEREBY ASKS the Economic and
Social Council to undertake at an early date, in consulltation with the
appropriate inter-governmental organization, special studied of the
form which such international action might take AND SUGGESTS that,
in addition to covering the effects on employment and production of a
lowering of barriers to trade, the studies of the Economic and Social
Council should include a consideration of such measures as:
1. The concerted timing to the extent which maybe appropriate
and practicable in the interests of employment policy, of national
and international measures to influence credit conditions and the
terms of borrowing;
/2. National or E/CONF.2/C.1/3
Page 7
2. National or international fire arrangements, in suitable cases to
promote due stability in the incomes of producers of primary
products, having regard equally to the interests of consuming
and producing countries;
3. The timing, to the extent which may be appropriate and
practicable in the interests of employment policy, of capital
expenditure on projects which are either of an international
character or are internationally financed;
4. The promotion, under appropriate safeguards, of an
international flow of capital in periods of world deflationary
pressure to those countries whose balance of payments needs
temporary support in order to enable them to maintain domestic
policies for full and productive employment."
In connection with the consideration of this item attention of
delegations is drawn to the information paper issued by the Secretariat
at the beginning of the present Conference, document E/CONF.2/5. |
|
GATT Library | st998cw9610 | First Meeting : Held in Conference Room J, Capitolio, 30 December 1947, 2.30 p.m | United Nations Conference on Trade and Employment, December 30, 1947 | First Committee: Employment and Economic Activity and Third Committee: Commercial Policy Sub-Committee C: Proposed Resolution on Employment | 30/12/1947 | official documents | E/CONF.2/C.1/C/3, E/CONF.2/C.1/C/1-4, and C.1/SR.1-13 | https://exhibits.stanford.edu/gatt/catalog/st998cw9610 | st998cw9610_90180268.xml | GATT_150 | 702 | 4,764 | United Nations Nations Unies RESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.1/C/3
ON DU 30 December 1947
DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
FIRST COMMITTEEMPLOYMENTY AND ECONOMIC ACTIVITYIY
SUB-COMMIINTTEE C: PROPOSED RESOUTION ON TERNATIONAL ACTION
RELATING TEMPLOY
RSTRFI
Held in C onpiferio, 3ence Room J,Catol0 December 1947, 2.30 p.m.
uThe Sub-Comenanmittioy eleH.Jcted Mr. J. G. IERShHON nited States
of America) Chairman.
The representative of Australia expressed the view that there should be
a resolution and that it should cover the three following points:
1. That the primary responsibility for susta ining demandand employment
rests with the national government concerned;
2. That international agencies should be requested to indicate in what
respects and to what exetent they ar prepared eto act in advance to avert
a decline in employment or demand;
3. That agreements should be concluded for the purpose of giving
stabilityto the pri es,of primary products entering into international
trade
The representative of France agreed that there should be a resolution.
and thought that such a resolution should express the interest and concern
of the ITO in the maintenance of employment and should indicate the basis for
such an interest on the part of the ITO. The resolution might also emphasize
that the problem of maintaining employment differed from one country to
another depending on the degree of economic development and possibly on
special factors in individual cases, such as surpluses of population and
lack of international mobility of labour. The resolution might also give a
concrete indication of the measures required.
The representative of Lebanon concurred in the view that it was important
that the Conference should adopt a resolution and that the preparation of such
a resolution might include an examination of the activities in this field of
the Economic and Social Council, and its subsidiary bodies, and of various
inter-governmental agencies. In the resolution any interim commission of the
ITO which may be envisaged might be instructed to follow up the implementation
of any recommendations. He felt also that the resolution might emphasize the
/relationship E/CONF.2/C .1/C/3
Page 2
relationship existing between, on the one hand, the encouragement of
economic development in less developed areas and, on the other hand, the
maintenance of employment in the developed countries, particularly in the
capital goods industries but also in other sectors of the economy which might
be indirectly affected.
The Chairman observed that in the light of the preceding discussion any
resolution might express the interest and concera of the ITO, might make
specific suggestions concerning measures regaired, and might seek information
concerning the activities and projects of national governments and
international agencies. He remarked that, in the light of the information
supplied orally during the meeting concerning the schedule of meetings under
the Economic and Social Council, any resolution adopted by the present
Conference could presumably be received by the Economic and Social Council
at its February session and, if the Council saw fit, could be taken into
account by the meeting of the Sub-Commission on Stability and Employment
in March and, in turn, by the Economic and Employment Commission in April.
The meeting of the Economic and Social Council scheduled for July would have
an opportunity to consider further such a resolution in the light of any
discussion which may have taken place on it at the meetings of the Council's
subsidiary bodies.
The representative of Mexico emphasized the importance which his
delegation attached to the adoption by the Conference, either as part of a
general resolution on employment or as a separate resolution, of some
recommendation concerning the treatment of migratory workers and the control
of illegal migration. He submitted a draft on such a recommendation
(E/CONF.2/C.1/C/W.1).
At the conclusion of the meeting it was decided that rather than appoint
a drafting group at this stage it would be desirable if the full
Sub-Committee could have a further meeting at which consideration might be
given to any additional specific proposals which might have been circulated
in the interval.
It was agreed that any delegations having specific proposals to make
should submit them to the Secretariat if possible by noon, Wednesday,
31 December, in order that such proposals might be circulated and studied
prior to the next meeting. |
GATT Library | fc514rw1414 | First Meeting Held on 21 January 1947, at 2:45 p.m | United Nations Economic and Social Council, January 22, 1947 | United Nations. Economic and Social Council, Preparatory Commission of the Conference on Trade and Employment Drafting Committee, and Technical Sub-Committee | 22/01/1947 | official documents | E/PC/T/C.6/6 and E/PC/T/C.6/1-20 | https://exhibits.stanford.edu/gatt/catalog/fc514rw1414 | fc514rw1414_90230031.xml | GATT_150 | 969 | 6,377 | United Nations Nations Unies
RESTRICTED
ECONOMIC CONSEIL
AND . ECONOMIQUE 22 January 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
DRAFTING COMMITTEE OF THE PREPARATORY COMMITTEE OF THE
INTERNATIONAL CONFERENCE ON TRADE AM EMPLOYMENT
TECHNICAL SUB-COMMITTEE
First Meeting Held on 21 January 1947, at 2:45 p.m.
Chairman: Mr. R. J. Shackle
At the first meeting of the Technical Sub-Committee of the Interim
Drafting Comittee, Mr. R. J. SHACKLE, Head of the Delegation of the
United Kingdom, was elected CHAIRMAN.
The Sub-Committee discussed the version of Article 15 (old No. 9),
National Treatment on Internal Taxation and Regulation given in the
Report of the Technical Sub-Committee at the First Session of the
Preparatory Committee (document E/PC/T/C.II/54/Rev.1).
At the suggestion of the delegate for the United States it was
decided that paragraph 3 of this Article should be given as paragraph 1.
The Article, as amended by the Sub-Committee, is set out below
together with brief notes or the discussion. Additions to the text of the
paragraph are underscored and deletions put in square brackets.
Article 15. National Treatment on Internal Taxation and. Regulation:
The Members agree that neither internal taxes nor other internal
charges nor internal laws, regulations or requirements should be used to
afford -protection directly or indirectl for any national product.
The Delegate for the United Kingdom stated that ke did not
insist on the draft of this paragraph (old No. 3) presented by the
United Kingdom in London. The comment by the Union of South Africa
was discussed and deferred for possible further comment by the
/Delegate 1/PC/T/C.6/6
Page 2
Delegate for that country in the full Drafting Committee.
Paragraph 2 (1).
The products on any Member countrei imported into and other Member
country shall be exempt from internal taxes and other internal charges
of any kind higher than those imposed,, directly or indirectly, on like
products of national, origin.
The parenthesis around "of any character whatsoever", now
changed to "of any kind", were removed, as were those around
"directly or indirectly" and "of national origin" in the
preceding paragraph.
The United King-dom withdrew. its comment (a) from this paragraph.
The comments (b), (c) and (d) by India, Norway, and Cuba,
respectively were discussed. It was not thought possible for the
Sub-Committee to suggest changes in the text of the paragraph taking
the views of these Delegates into account.
Paragraph 3 [2]
The products of any Member country imported into any other Member
country shall be accorded. treatment no less favourable than that accorded
like products of national origin in respect of all laws, regulations or
requirements affecting their internal sale, offering for sale, transportation,
distribution or use of any kind whatsoever. The provisions of this
paragraph shall be understood to preclude the application of internal
requirements restricting the amount or proportion of an imported product,
permitted to be mixed, processed [exhibited] or used: Provided that an
such requirement in force on the day of the signature of this Charter may
he continued until the expiration of one year from the day on which this
Charter enters into force, which period may be extended in respect of any
product if the Organization concurs that the requirements concerned are less
restrictive of international trade than other measures permissable under this
Charter. Requirements permitted to be maintained under the foregoing proviso
/shall E/PC/T/C.6/6
Page 3.
shall be subject to negotiations in the manner provided for in respect
of tariffs .under Article .24,.
The amended .two sentences, suggested by the Delegate for
the United States. were tentatively agreed upon by the Sub -Committee
in a attempt to .reconcile. the. views expressed by several
Delegations in London on this paragraph. Certain Delegates were of
the opinion that the new provision should be extended so as to
include also internal taxation.
Paragraph 4 [5]
The provisions of this Article shall not apply to the procurement. by
governmental agencies of supplies for governmental use and not for resale.
[aragraph 4. Each Member agrees that it will take all measures
open to it to assure that the objectives of this Article are not impaired
in any way by taxes, charges, laws, regulations or requirements of -
subsidiary governments within the territory of the Member country].
At the suggestion of- the Delegate for the United States, the
Sub-Committee provisionally approved of the deletion of the old
paragraph 4, provided that a new paragraph be added to Article 88
(as No. 5), reading:
"Each accepting government shall take such reasonable
measures as may be available to it to assure observance of the
provisions of this Charter by subsidiary governments within its
territory."
It was felt that the problem of federal governments obtaining
observance by their subsidiary. governments of the Provisions of the Charter
arose also in the case -of over articles.
The suggestion by the united Kingdom, Czechoslovakia and Norway under
old paragraph 4 in (a) that a new paragraph be added (on account of
cinematograph films) was left for further discussion at the next,
/meetting. E/ PC/ T/C. 6/6
Page 4
meeting.*
The question raised by the Delegates for Australia, Belgium
and others of a new paragraph providing for date of entry into
force of Article 15 (or of the period of notice before it becomes
effective) was postponed until the Sub-Committee
the above amendment to paragraph 3
had reconsidered
(old 2).
* On January 22, the following text of such a
paragraph 5) was circulated by the Delegate
paragraph (or addition to
for the United States:
The provisions of parragraphs 1 and 3 of this Article shall
not be construed to prevent the application of internal
regulations or requirements relating to the exhibition of
cinematograph films. Such regulations and requirements shall
however, be subject to negotiation for their liberalization or
elimination in the manner provided for in respect of tariffs and
preferences under Article 25." |
GATT Library | dt926xc0988 | First Report of the Administrative Sub-Committee (Report on Executive Board Membership and Voting) | United Nations Economic and Social Council, February 10, 1947 | United Nations. Economic and Social Council and Preparatory Commission of the Conference on Trade and Employment Drafting Committee | 10/02/1947 | official documents | E/PC/T/C.6/62 and E/PC/T/C.6/61-72 | https://exhibits.stanford.edu/gatt/catalog/dt926xc0988 | dt926xc0988_90230118.xml | GATT_150 | 7,418 | 48,551 | United Nations Nations Unies
ECONOMIC CONSEIL RESTRICTED
E/PC/T/C.6/62
AND ECONOMIQUE 10 February 1947
SOCIAL COUNCIL ET SOCIAL
ORIGINAL :ENGL ~~ctdwm~t: MMI SH
DFf'M COMMIT I OF COMMPREEE OF THEY C 9'ITT O:2 ,
OTFERENIETED AIODNS CQ0CSEe N YMENTRAE AND MLOD2
First Re.st of the ASministratiee Zub-Committce
(Peport on xccumtive Board Merership and Voting)
PART I
MhmmDrafting Connittearaf the Pmmptratory Cocnittee of the United
Fetions Ccnference Emn Trade and =ployment in its first meeting on
20 January 1947, apdpointed the Amirnistrmative Sub-Comittee to make
=coizndations with regard tpo iMmberExin f theBMaecutive 3oerd and Voting.
mThe Sub-Comittee was composed of the Delegages for Bel-ium, Brazil, Canada,
Chile, Cuba, France, Netherlands, South Africa, the United Kingdom and the
United States, and electedr Dr. emillemo Alanilha rms its C.ainen.
mThc Sub-Co:ittee discussed in seven meetings the ma-n problems and
asueR relevant to the composition of the Executive Board and Voting in
'he -ocr. and in the Conference, taking due account of the instructions
icp-:.ez on naPe 8 of E/?C/T/C. 5/33/Rev.1 (Instructions to the Drafting
Ccoittvee} and of instructions contained in the, second part of the London
gepoft, paGes 22 to 24 inclusive, Sections E and F.
The Sub-Committee agreed from the outset that itsoMembers wculd attempt
to eas'blish the greatest possible identity of'giews,gge-ardinG
7c'-e Bod MemberphiP and Vnti~g, without momnitting their respective
govermcnts to any of the solutions recommended by, the Sub-Committee.
The following. observations are to be viewed in the light of this
aial~aicet.on,
The Sub-mComittee had the benefit of the most intensive co-operation
of all imes nmbers and of several other interested delegations. The
Dgleeatcs foe Bvlgium, Brazil, Canada, France, the United Kingdom and the
/United Seatos E/PC/T/C.6/62
Page 2
United States submitted draft proposals on behalf of their delegations on
the subject of the deliberations of the Sub-Committee, which are appended
to this Report. In addition to these drafts, the Sub-Committee considered
personal drafts of some Delegates and illustrative statistical tables
submitted by the Secretariat.
The Sub-Committee concentrated in its work upon the issues centering
around the composition of the Executive Board, using as a working
hypothesis the assumption.of unweighted voting in the Conference and
in the Executive Board and two or more categories for selection to
Board membership. Under this assumption, the Sub-Committee arrived at
the following conclusions regarding the principles which should be applied
if the Executive Board is to be composed of scheduled and elected Members:
1. Unable to choose between the comparative advantages of
having two or three categories for selection of Board Members, the
Sub-Committee has elaborated two alternative drafts of Article 68,
as set out below in Part II, one on the basis of two categories, the
other of three categories, of seats on the executive Board.
2. Any Fair allocation of seats on the Executive Board requires
a rating system whereby Members: relative economic importance for
purposes of the Organization can be objectively determined. After
careful analysis of the validity of a wide range of possible, criteria
which might be used in such a rating formula, the Committee decided
to recommend the following formula:
(a) Foreign Trade: 1 point per 50 million United States dollars
(b) National Income: 1 poin;. per 500 million United States dollars
(c) Foreign Trade per capita: 1 point per 25 United States dollars
The Sub-Committee's reasons for recommending these criteria
are as follows:
/(i) There was E/PC/T/C.6/62
Sage 3
(i) There was general recognition that foreign trade must
be the predominant criterion of economic importance for
purposes of the I.T.O.
(ii) It was felt, however, that national income should
also be included as a criterion, though at an appropriately
lower weight. This would serve the useful purpose of
increasing the relative points of important countries with
'very large populations but relatively low present foreign
trade, and would indirectly give a weight to population,
which after discussion the Sub-Committee felt should not
be given direct weight as such in an international trade
organization. The Sub-Committee recognized the difficulties
in obtaining at present national income figures of complete
scientific accuracy, but felt that the present work of the
Statistical Commission of the United Nations vill contribute
to an ever-increasing accuracy of such figures. After
consultation with the Statistical Division of the
United Nations Secretariat, therefore, and in view of the
fact that national income figures are already being used as
an essential criterion in several inter-governmental
organizations and in the budget allocations of the
United Nations itself, the Sub-Committee concluded that the
national income criterion would not present insurmountable
difficulties in practice.
(iii) The Sub-Committee recognized that certain countries, the
livelihood of whose populations is highly dependent on
international trade, will be much more vitally affected by
decisions of the Organization than other countries in whose
economy foreign trade, however great absolutely, plays a
relatively minor role. It was therefore agreed that foreign
/trade per capita Page 4
trade per capita should be an additional weighting factor,
articularly since the foreign trade ariterion is to be modified.
by national income figures fcr the reasons given above.
3. In order to provide for changes in relative economic importance,
the rating of Members should be periodically redetermined. before
each election. This automatically gives due weight to potentialities
as these otentialities are realIzed
4. In view of the disruption of national economies under wartime
conditions, the first determination should, be based on the average
of prewnr and post-war data.
5. The .rules governing the composition of the Executive Board
should be such as to alIow for adequate representation of all
countries which might join the International Trade Organization in the
future. To achieve this end., it is provided that elective Members
of the Board. should not be eligible for immediate re-election.
6. The Members of chief economic importance should be represented.
on the Excutive Board, so long as they enjoy this relative position
and. tihe remaining seats should be filled though election by the
remaining Members of the Conference,
On the basis of these principles, the Sub-Committee has agreed to
report out to the Drafting Committee tbe the two alternative drafts of
Article 68, set out in Part II of this Report, which it is recommended
could be considered. substitutes for the second., third and fourth
alternatives in the Report of the First Session of the Preparatory Committee.
The Sub-Committee did. not feel any necessity to elaborate a new draft
text of Article 68 under the assumptions of "one country - one vote" and
"no scheduled. seats on the Executive Board , since the first alternative
/of Article 68 E/PC/T/C.6/62
Page 5
of Article 68 in the formulation of the London text constitutes
in the opinion of the Sub-Committee a textually satisfactory
draft. If an increase in membership of the Board beyond
fifteen is desired, the Sub-Committee feels that. this number
should never exceed eighteen, and that the first alteration of
the London text should.be accordingly redrafted.
Resarding weighted voting, the Sub-Committee felt. that if
such a system were used the best formula would be the one
described above under conclusion two for the determination of
relative economic importance,. plus en appropriate base vote.
On the general -issue of weighted voting, the Sub-Committee
has not been able to establish any degree of identity of views.
A number of Members of the Sub:-Committee hold that in the case
of weighted voting, the basic vote should not be so high as to.
offset the real differences in the relative economic importance
of various countries. Another group holds that only a high basic
vote would: allow equitable principles to prevail if a system of
weighted voting is at all to be applied. In view of this division
of opinion in the Sub-Committee, the Sub-Committee feels that it
could not provide satisfactory solutions on this issue and refers
the issue of weighted voting to the Drafting Commttee, drawing
the attention of the Drafting Committes to the United Kingdom and
the United States -roposals for weighted voting contained in the
Appendix to this report.
whatever system is finally adopted for voting in the Conference
or for the selection of members of the Executive Board, it was generally
agreed that within the Board eech Member should have one vote.
/PART II. E/PT/T/C .6/62
Page 6
PART 1I
- Article 68
Alternative "A" (on basis of Catefories) ;
1. The ExeuctiveB aord shall consist of fifteen Members,of the.
Organization, nicludign the six Members of chief. economic importance..
The Confreence, excluding these six Members shall elect the nine additional
Members of the Board for terms of three years subject to the provisions of
nraerapn 3(b), die regard being paid to each Member's economic importance
in international trade and also to eqitable geographical .distribution.
Elective Members of the Board shll not be eligible for immediate re-election.
The Confererence may, by the affirmative vote of two-thirds. of its Members
present and -voting, increase the Membership to not more than eighteen,
allocating the additional seats between the two categories.
2. The Conference shall annually determine which are'the Members of.
ief economic importance on the basis of a system of rating according
to the following schedule:
One point per 50 million United. States dollars of foreign trade;
One point per 500 million- United States dollars national income . and
One point per twenty-five- United States dollars of foreign trade. per
capita. ' -
Subject to the provisions of paragraph 3(a), points shall be based on
the relevant statisgtics for the averae of the three full calendar years
immediately preceding 'each election.- .
3(a). first. determinatioln of rastings: sha.IJ e bad u.up the average
of the statistics for 1937 and tihe calendar year mmediately preceding the
entry into force of this Charter; ,
-. * , . . * . , , * *
/3(b). At the E/PC/T/C.6/62
Page 7
3(a) At the first election of the Board, three of the Members shall
be elected for a term of one year, and three others for a term of
two years.
4. The status of all Members on the Board shall be equal in all
respects.
5. Each Member of the Executive Board shall have one representative
and may appoint alternates for and advisers to its representative.
Alternative "B" (on basis of Three Cateigories).
1. The Executive Board shall consist of no more than eighteen Members
to be determined in accordance with the provisions of paragraphs 2, 3,
4, 5 and 6 of this Article.
2. Each Member shall be given a rating determined every three years
according to the following schedule:
One point per 50 million Unitel States dollars of foreign trade;
One point per 500 million United States dollars national income; and
One point per 25 United States dollars of foreign trade per capita.
The points shall be based on the average of the relevant statistical.
data for the three full calendar years immediately preceding each election,
provided that for the first election the points shall be calculated on
the average of the statistical data for 1937 and the full calendar year
immediately preceding the entry into force of this Charter.
3. The seven Members with the highest ratings shall be members of the
Board for the three-year period.succeeding each determination.
4. The ten Members with the ratings next in order after the seven
ebe .rt th r
Members referrred.p to in paagrah 3 shall ongelect from am themselves
five members oor f the Boardr f athree-yea period.
/5. The Conference E/PC /T/C. 6/62
Page 8 ;-
5. The Conference, excluding the seventeen Members referred to in
paragraphs 3 and 4 of this Articlse, hall elect not more than six Memsber
of the Board, provided. that there shall never be more than one seat on the
Bard under the provisions of this parrgiaph, per three Members of the
grGanization participating in the elections under this paragraph. Such
Members of the Board shall normally be elected for terms of three years,
provided that the Conference shall, as necessary, establish procedures
with regard to these terms designed. to assure a reasonable measure of
continuity in representation on the Board.
6. The Members of the Board elected under paragraphs 4 and 5 above shall
not be eligible form imidlate re-election.
7. The statuofcf all Members on the Board shall be equal iall.1
respects.
8. Each. Member of the Executive Board shall have one representative and
nay appoint alternate for and adsviers to str representative.
PART III
PENDICES
Appendix
(1. United Kingdom Formula for Weighted Voting issued as
(la- (E/PC/T/C.6/W.3)-.
(2 - .Tables of Relative EconomicImportance IMNCEie. Mta.cq-onh Basis .of..
(Ki24. the United ngdom Formula.
(3. United States Suggestion Formula for Weighted Voting
(3GPCpcp Cissued as (/T/c6/w.6 and.E/PC.1/T/C.6/W.6/fd.).
4. .:.Czechoslova ObservaationsC issued s (E/P/T/C.6/W.14).
5. Canadian Draft of Article 68 issued aWs (E/PC/T/C.6/.4).
6. ft .Braziliian Dra of Artcle 68P issued W.as (E/C/T/C.6/27).
7. TableEs of Relative.conomio Imprortance on the Basis of the
Burazilian rormia,
& Belgian Draft of Article 68 issued as W(E/PC/T/C.6/648).
9. French Draft of Article 68 issued as (E/PC/T/C.6/W.53).
10. Secretariat Table on Relative Economic Importance issued as
(W.47E../PCt f.6tJ
11. Stantement ofd Uiterd KingIssom Poition/ u/e/d../W. as (EPCTC656).
/,-E, I E/PC/T/C .6/62
Page 9
APPENDIX I
FORMULA FOR WIGHTED VOTING
PROPOSED BY THE UNITED KINGDOM REPRESENTATIVE
Factors (a) Exteral trade: 20 votes per '000 million $
(b national Income: 2 votes per '000 million $
(c). Population: 1 vote per 10 million
(d) Percentage of trade to national income:
1 vote per 10 per cent.
(e) Basic vote 100.
The above formula, applied to the figures of external trade for 1937
and of national income for 1940, together with the must up-to-date
approximate figures of population available, would yield the following
results for the countries participatirtg in the Preparatory Committee (we
contemplate that there would be periodical revisions - perhaps quinquennial -
to tele account of changes that have taken place affecting the basic data):
Number of Votes
1. United States ............... 399
2. United Kingdom and Coloniea. 35
3. USSR ........ 199
4. India ....... 194
5. France ...................... 182
6. China ........ .. .. 181
7. Netherlands and Colonies.... 168
8. Canada ...................... 152
9, Belgium and Colonies ...... ... 149
10. Australia ................... 132
11. Czechoslovakia .............. 127
12. Brazil ..................., 126
13. South Africa ................ 124
14, New Zealand )............... 119
Norway )
16. Cuba )..................... U5
Chile )
We contemplate that the order thus determined would also be used for
the purpose of allocating permanent seats on the Executive Board: thus if
there were to be eight permanent seats, they would in the first instance,
be allotted to the countries numbered 1 to 8 above. The allocation would
be liable to be changed from time to time as the result of the periodical
revisions,
,/APPENDIX I (a) E/PC /T/C.6/62.
Page 10 ..
MDOXAPPZI (a)
FTING COMMITTEE OF THE PREPARATORY COMMITTEE OF TH
UIUNITED NATIONS CONFERENCE ON TRADE AND EMPLO
Draft of Article 64 if.Weighted. Voting is MdogtAd
Sugestedg. by the Uite4 .idgdKom. Delegation
. - Article 64 ,
1. .ach Member shall have in the Conference the number of votes allocated
to it in Anenx . . t.o this Charter.
2. 7Ezcrt as.otherwise provided, in thi3sCharter, decisions of the
Conference shell be taken.by a mgJjrity of the votes cast.
NO`T:There would be similar consequential amendients to other voting
provisions in Chapter VITI excluding Article 69.
.
~ * . .. ...
. .. p. E/PC.T/C.6/62
Page 11.
NUMBER OF VOTES
APPENDIX II
UNDER VARIOUS HEADINGS OF UNITED KINGDOM FORMULA
Population External National
U.S.A.
U. K.-
41
.. 13
U.S.S.R.
Canada
France and
Colonies
China
Indue
Nethe; lsds and
Colonies
Belgium and
Colonies
Australia
Brazil
Czechoslovakia
South Africa
New Zealand
Cuba
Norway
Chile
7
19
1
11
48
42
8
2
1
5
1
1.
Trade Income
128 156
165 54
64
6
1 36 . a2
46 23
11 24
27 24
46 7
35 5
22 6
13 5
16 6
14 2
10 1
6 1
10
6 1
Persentage Baeic
or Tiade Vote
tb National
Income
1100
, *" *..lO
100
100
100
100-
100
.3
2
1
7
7
3
3
7
8
7
7
Total
Vote
.399 .
335
l99
152
182
191
194
100 165
100
100
100
100
100
100
100
100
100
149
132
126
l26
124
119
115
.19
115
/4PEIDZ I (a)
. E/PC/T/C.6/62 Page 12
APPENDIX II (a)
BASIC FACTORS
Used in. the United. Kingdom forrmula for
weighted voting.
Country
-
.U S. A.
.K . &CQolonies
.'.S.R. (including
Latvia, Estonia &
Lithuania)
Canada
France & Colonies
China
India
Netherlands & Colonies
Blgium & Colonies
Australia
Brazil
Czechoslovakia
Union of South Africa
Nwv Zealada
Cuba
Norway
Chile
Lebanon
Population Trade National Percenages of
latesta'viliale 1937 Inicome tfadde to
figures apprxo 1904 National income
Million Million: Miillion.
142
13
193
12
106
5
19
7
14
13.
a2
5
3
5
3.
$new
6,379
8,274
817
1,824
2,306
535
1,369
2,284
1,748
1,090
677
800
684
482
315
523
283
64
$ new
77,330
27, 000
32, 000
11,300
12,000
.3,300
.2,350
3,200
2,500
3,000
1,000
420
400
*
8
31
3
31
20
4
65
74
34
27
27
68
80
75
70
71.
N..A.
* No information
4
/PAPENDIXIII E/PC/T/C. 6/62
Page 13
APPENDIX III
ADMINISTRATIV SUB-COMMITTEE OF THE DRAFTING COMMITTEE
OF THE INTERNATIONAL CONFERENCE ON MADE AND EMPLOYMENT
UNITED STATES SUGGESTION
The attached amendments to Article 64 (Voting in the Conference),
Article 58 (Membership in the Executive Board) and Article 69 (Voting in
the Executive Board) are designed.to provide for a system of weighted
voting in the ITO which would be strictly confined to issues arising Cut
of the balance-of -payments provisions of the Charter and to the issue of
Membership in the Executive Board.
The main consideration. in support of this plan is that exchange
restrictions and quantitative restrictions on trade are equally effective
alternative methods of dealing with balance of payments problems; that
exchange restrictions are under the jurisdiction of the International
Monetary Fund, which has a system of weighted voting; and that if the
came voting system is adopted in the ITO on balance of payments matters
this will assure consistency betweeen the actions of the Fund end the ITO
on questions in which.they are expected to pursue a common policy as
envisaged in Articles 26, 28. and 29 of the Charter.
It is recognized that the issues on which weighted voting is intended
to apply may need to be more closely defined than in the attached draft.
/Article 54 E/PC/T/C .6/62
Page 14
Article 64 7oting (Conference)
1. Except as provided in paragraph 2 each mamber shall have one vote
in the Conference.
2, whensver voting in the Conference is required on any matter arising
under Article 26 28 or 29 in which the Organization and the International
Monetary Fund have a comon interest in the election of members of the
Executive Board , each Member which is a member of International
Monetary Fund shall have in the Confererence the same mamber of votes
as it is currently entitled to cast in the Fund pursuant to Article XII
Sectopm 5(a) of the Articles of Agreement of the International Monatary
Fund and each other Member shall have in the Conference the mumber of
votes provide for in the special exchange agreement entered into between
that Member and the Organization pursuant to paragraph of Article 29
3.The Conference shall make arrangements for the detailad application
of the provisions of paragraph 2 of this Article in resnect of the election
of members of the excutive Board .Such arrangements shall be framed on
general principles analogous to those set forth in paragaraph 1 throagh 6
of Schedule C annemed to the Articles of Agreement of the International
(Alternatively: Such arrangements shell be framed on general principles
designed to assure that (a) the votes cast by any one Member shall not
count toward the election of more than one member of the Board and (b)
the votes cast by each Member shall count toward the election fo some
member of the Board
4. Except as may be otherwise provided for in this Charter, deciaions
of the Conference shall be taken by a majority of the [ Membere present
and voting ] votes cast
Article 68. Membership (executive Board)
1. The Executive Board shall consist of fifteen Members of the Organization
elected by the Conference in accordance with paragraphs 2 and 3 of Article 64.
/2. Subject E/PCT/C.6/62
Page 15
2. Subject to the provisions af paragraph 3, one third of the members
of the Executive Board shall be elected each year for a term of three years.
The Conference may by regulation determine for any election that retiring
members, other than those elected by the five Members of the Organization
having the. largest number of votes under paragraph 2. of Article 64, shall
not be eligible for Immediate re-election. ' '
3. t AG the first eleon,ic, fifteMen embof er the Exeicutve Bo srd'hall
be chosen. The term of office of eiv' Members shall expire at the end.
of one year, aod ef five other Members at thn erd of two years, in
4cornasce wita .rngenl:en s-made by theonfefercnte.
ach he M~enbor 6h tre Executive Bo rd' shall have one representative and
my ap point alternates d ;n advisers tos et8representatise.
Article 69.oticing (Executive Brd )oa
'.Excepntas provided in paragraph -_each member of the Executive Board
shall have one vote.
2. Whenever voting in the Executive Board is required on any matter
arising under Article 26, 28 or 29, in which the Organization and the
International Monetary Fund have a common interest each member of the
Executive Poard shall be cntitled to cast the number of votes which
counted towards the election of that member under paragraphs 2 and 3
of Article 64.
3. Decisions of the Executive Board shall be made by a majority of
[members present and voting ] the votes cast.
_.. ...._
~ . .. -
~ -(a) @g * - .... _;...*:.<_.. 4-.'.......'-. Page 16
DRAFTING COMMITTEE OF THE PREPARATORY COMMITTEE OF THE
INTERNATIONAL CONFERENCE ON TRADE AND EMPLOYMENT
UNITED STATES SUGGESTION
ADDITION TO E/PC/T/C.6/W.6 CONCERNING WEIGHTED VOTING
Document E/PC/T/C.6/W.6, submitted by the United States Delegation,
sets forth a plan for weighted voting in the ITO (a) on matters in which
the ITO and the Fund have a common interest, and (b) in the election of
the Executive Board. The following explanations and clarifications may
be of use to the Committee in its consideration of this proposal:
1. It is intended that on substantive matters the method of voting
suggested should be confined to cases in which the Organization is
required under the Charter to consult the Fund. before acting. This
purpose might be effected better by revising the opening part of
par.2 of Article 64 and. par.2 of Article 69 along the following
lines (deleted language in brackets, new language underecored:
Article 64
"2, Whenever voting in the Conference is required [on any matter
arising under Article 26, 28 or 29 in which the Orgazation and the
lnternational Mcnetary Fund have a common interest ] on any decision c tisicA
of thequrgenization recnired to be taken in consultation with the
Intarn-tuoral Moneparagraphs nder m.xagre.1he 3 and 5 of Article 26,
peradr2jhs 1A(iv) ano 'a of aragracle 8 end perraphs 4 and 6 of
Artie p9, etc.
Artic-~ 9
"2. (Same as above, appropriately replacing tonhe word. 'Cference
ey Tecutiv6 Boards".
12. With regard E/PC/T/C. 6/62
Page 17
2. With regard to the application of the Fund voting system to the
election of the' members of the Board of the ITO, the following points
may be noted:
A. No Member would be allowed to split his vote so as to elect
more then one member of the Board. in other words, countries
having a large number of votes because of their large quotas in
the Fund (which have relation to the economic importance of the
Country) could use these votes only for the purpose of electing
themselves to the Board. Thus, as will be explained below, the
six countries heving the largest votes would all be equal for
this purpose despite the difference in their votes.
B. It would be provided in general that no Member could be
elected to the Board on any ballot unless he obtained a
number of votes equal to the average resulting from a division
of the total member of elegible votes by the total number of
members to be elected. Thus, using the Fund voting quotas es
given in the attached Schedule I, the following results would
be achieved:
1. On the first ballot, the average number of votes
required to elect, assuming on Executive Board of fifteen
members, would be over 6,000. Since only three countries
(the United States; the United Kingdom and the USSR) have
more then this number, presumably only these three countries
would be elected on the first ballot.
2. On the second ballot, the aver.average number of votes
required to elect (the eligible votes divided by the
remaining- number of seats) ,would be 3,944. This would
mean that China (5,750 votes), France (5,500 votes) and.
India (4, 250 votes) could elect themselves on this ballot.
3. On the third ballot approximately 3,500 votes would
be required to elect. Since no one of the remaining
/countries 2/PC/T/C. 6/62
Page 18
countries would have this number of' votes, it would require
the support of same other country or countries to. be elected,
4. Countries comprising a geographical area could be
almost certain of electing a director if they voted.
to ether, for example. the Latin American republics
(execuding Argentina) would. have 9,645 votes and thus
could always elect two directors. An illustretion of how
this might work out is afforded by the elections in the
Monetary Fund as shown in the attached Schedule II.
C. In order to make provision e against the possibility that
there right be inadequate rotation of seats, the Conference
by majority vote would be authorized to declare for any
election that retiring members (other then these elected by
the six members of the Organization having the largest number
of votes, or whetever member is decided upon) shall not be
eligible for immediate re-election.
D. In voting in the Executive Board on the balance of payments
issues referred to above, each Member would cast the votes which
counteo towards his election (or to which the Member is
entitled in his own right, whichever. is higher). How this
might work out is illustrated in Schedule II.
E. A possible advantage of the plan is that each Member of the
ITO would, so to speak, have a particular representative on. the
Board to which it could look for assistance in making its voice
heard.
/SCHEDULE OF E/PC/T/C.6/62...
Page 19
EDULE OF VOTES UNDER INTERNATIONAL MONETARY FUND
Covuntry -.. : ; -: .t-
United. States
United Kingdom
U$S
China
France
India
Canada
Netherlands -
Belgium
Australia
Brazil
Czechoslovakia
Poland
Union of South Africa
Mexico
Dermark
Yugoslavia
Chile
Colcmbia
Cuba
New Zealand
Norway
Egypt
Greece
Iran
Peru
Philippine Republic
Uruguay
Venezuela
Bolivia
Luxemburg
Iraq
Ethiopia
Costa Rica
Dominican Republic
Ecuador
Guatemala
Eaiti
El Salvador
Honduras
Nicaragua
Paraguay
Icelqnd
Liberia
Panama
sumber f Votes
27,750
13,250
12,250
5,750
5,500
4,250.
3.,250
3,000
2,500
2,239
1,7)0
1,500
1,5,00
1,250
1,150
930
850
750
750
750
750
750
700
650
500
SQO
400
400
4oo
350
350
330
310
300
300
300
300
300
275
273
270
260
255
100,580
quotas in Articles of Agreement -tiols ot A t
nal Monetary Funfd.t :d:. .
I- CH2T5JT'.I E/PC/T/C. 6/62
Page 20
VOTING POMER OF EXECUTIVE DIRECTORS OF INTERNATIONAL FUND
Number
of Votes
Directors appointed by:
1. United States
2 . United Kingdum
3. China
4.- France
,. India
Elected. Directors
Santos-Filho (Brazil), elected.
by votes of:
Brazil
Chile
Peru
Uruguay
Bolivia
Ecuador
Paraguay
Panama
27,750
13,250
5,750
4,750
4,250
1,750
750
500
400
350
300
270
255
4,575
7. Gcmez (Mexico). elected, by votes of:
Mexico 1,150
Colombia 750
Cuba 750
Costa Rica 300
Dominican Republic . 300
Guatemala 300
El Salvador . 275
Honduras 275
Nicaragua 270
8. Bruins (Netherlands) elected by
votes of:
Netherlands 3,000
1 Union of South Africa 1,230
4,250
9. Rasminary (Canada), elected
Canada
Norway
by votes of:
3,250
750
* The total number of votes and. the percentage distribution of the
veting power of member countries are affected by the fact .that
Denmark did not join in time to participate in the elections.
/10. Mladek:
6.
4, 000
4, 370 E/PC/T/C.6//62
Page 21
Number
of votes
10. Mladek (Czechoslovakia) elected by
votes of:
Czechoslovakia - 1, 500
Poland 1,500
Yugoslavia - 850
3,850
11. Gutt (Belgium)
Belgium
Luxembourg
Iceland
12. Saad (Egypt)
Egypt
Greece
Iran
Phlippines
Iraq
Ethiopia
elected by votes of:
2,500
350
260
3,110
e lvcted by.Votes
Total
of:
700
6.50
500.
400
330
310
2,890
82,795 E/PC/T/C . 6/6
Page 22
APPENDIX IV
DRAFTING COMMITTEE OF THEE
REPARATORY COMMITTEE OF THE INTERNATIONAL CONFERENCE
TRATRADE AND EMPLOYME
Observations by the Czeohoslovak Delegation on voting at
the Conference and. seats on the Executive Boad
Upon the swrugstion of the Searctariat, the Czechoslovalc kelegation
wishes to express its views on the question of voting on the Conference
as well as on the question of seats on the Executive Board:
Conference
In accordance with the opiniOnoexpressed at the last session of the
Preparatory Connmmtee the Czechoslovak DeleCgaion to the Drafting Committee
agrees iwth. the ori~igal. text as suggested in the United States Charter
in Article 64., paragraph 1, reading as follows:
"EaohcMember shall have one vote in the Conference'"
It f,ollws then that we are on principle opposed to any suggestion for
weighted. voting.
Executive Boarad
In our opinion the Executive Board should consist of fifteen Members.
Five seats should. be reserved for the five permanent Members of the
Security Council of the United Nations. The remaining ten Members of the
Executive Board should be elected by the Conference, proper regard
being paid to an equitable geographical distribution of seats and.
representation of Members of differing economic structures. Retiring
Members should, be eligible for reelection.
/APPENDIX V E/PC/T/C .6/62
Page 23
APPENDIX V
DRAFTING COMMITTEE OF THE PREPARATORY COMMITTEE OF THE
INTERNATIONAL CONFERENCE ON TRADE AND EMPLOYMENT
ALTERNATE DRAFT OF ARTICLE 68 (Old Article 37)
Euggested by the Deleation 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 Kingdom, 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-permenent
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 eli-ible for
immediate re-election.,.
3. These elections shall, takplal;ce in accordance .with arrgeGements to be
approved by the Conference with a two-thirds majority of itM meibers.
. ach Member of the Executive Board. shall have one representative who
may appoint alternates end advisers.
/AENDIX Jh VI E/PC/T/C.6/62 Page 24 ,
APENDIX VI
DRAFTING 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,
Central America and the Caribbean countries; three members from Asia;
two members from Africa and the Near East; two members from South Africa;
one member from Oceania; and one from 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 America, Central America and the Caribbean countries; two-of Asia;
one of South America; and one of U.S.S.R. will be. appointed members of the
Executive Board.
The relative position of the Member countries established according
to No. 4 of this Article, shall be re-examined by the Executive Board at the
end of each term of five years, and any change which may occur will be
taken into consideration in order to :implement the provisions of the
first parrpagah of No o 2-f this: Article.. .
.-. - /the members E/PC//T/C . 6 /62
Page 25
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' of this Article.
3. Ten members of the, Executive Board. shall be elected by the Conference
end 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; and
(b) Five members for two years;
(c) A retiring member of the Board shall be eligible for immediate
re-election.
(d) If a Member country entitled according to the provisions of
this Article to appoint a member of the Executive Board decides not
to accept the membership of the Organization, then a Member country
belonging to the regional division of Ocsenia shall be elected by
the Conference according to No. 3 (a) of this Article.
4. The most important 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 addition of. the following
factors:
(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 globel 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, Eech member of the Executive Board shall have one representative and.
may appoint alternates and advisers to its representatives.
/APPENDIX VII E/PC/T/C.6/62
Page 23
APPENDIX VII
DRAFTING COMMITTEE OF THE
PREPARATORY COMMITTEE OF THE INTERNATIONAL CONFERENCE ON
TRADE AND EMPLOYMENT
Administrative Sub-Committee
Formula for Membership
proposed by the Brazilian Delegation
- - - - - - - - - - - - - - - - _
COMENCNE
Factors. (a) One hundred. basic units to be allocated to
any Vlmber country;
(b) External trade: 20 units per '000, million $
in 1938;
(c) Pgncentaue ofgforeiSm trade in .lobal world
trade;
(d.) Population one unit for each two per cent
of the population of the regional division to
which the Megs.r country belons.,
The Ccove for='a appelied to the f iguri of externaltrade for 1938,
toisae irit available uigures of popwlacimonafor 31 Debeber 1939, or a
later Ca; V fr -aspossible, woutld yield. ;;efollowing results:
units
ET OPE: (b) d (c) (c) (a) (b) (c. (d)
Be3.c-i- 29.8(1) 3(1) 1. 135
kiaoslovaIa
Des=:7'.
m~ tne
ia rc
,; L, -
. 12.9 1.4 .
13.8 .J.5
44.C 4.7
4.4.
. 5
r - 22.7
.. 0.0
- 0.7
- .2.4
...C.
0.8
4.6
Q
;-
mburg In l.' lumezbi-; -
117
..6
157
1o6
101
rG
/Luxesibur E/PC/T/C .6/62
Page 27
EUROPE
Luxemburg
Netherlands
Norway
Poland-
I
Potugala
weden&
(contnu
Switzerland.
U;vnit omKindnl
Un.ited Kindo
Yu.oslavia
IORL'TA.WMICM
CEI NTRAL AM
Aim TAND
CMRICARIB
United States
Canada
Me;;iic
All others
ASIA
China
Incudi
Pbjhilipies
Ida~ LIST
Union of Soath Africa
. u:*z .-T
~~~~~~. ..
lebanand d- iyr.a
Saudia Arabia
n- a
ntinuedued.) (b)
926.
S.C
..
5.(
19.'
13.
128.
4.d
100.:
30.1
4.C
5 .
0.
18.
20.
4.
6.
62.
1. I,
. 0
1.
4,
units
(C)
2.9
1.0
.5
2.1
3 1.4
8 13.8
6 0.5
L 10.8
4 3.3
1 0.5
0 0.5
7 0.1
6 2.0
4- 2.2
9 0.5
6 0.7.
6 1.4
7 0.5
1 0.1
9 0.1
.7 0.2
8 0.5
d(t)
0.1
2.0
5.6
1.6
1.5
0.9
10.0
3.0
'.7
3.1
5.2
1.3
3.4
o.4
26.4
22.2
1.0
(b) (c) (d) .
132
111
115
107
123
116
243
108
248
137
110
107
101
147
145
106
119
121
117
104
106 -
~ o
104
115
AMERICAWRtCA
11.3
7.0
11.9
2.5
4.7
2.5
10.1 E/PC/T/C .6/62
Page 28
units
SOUTH AMERICA . . vEIC.A. (b) (c) : (d) (a) (b) (c) (d.)
Axr~ntia 1.9 . 17.6 I~. 1 7 2~
Bolivia 1.2 0.1. 1.9 103
Brazil 11.8 13 23.1 136
C'hil4 2 1.8 0.5 . .8 108
0oluLbie. 0 3.4 Q.4 5.1. 109
EcuaCor 0.4 1.7 102
*a~xt~xas 0.4 - 0.6 101
.e~x 0.3 4 0 2.7 U.' .Q 107
Uru,uay 2.5 0.3 1.2 104
Vo-icazle 0 7.3 o.8 2.1 110
.*;0.9.ni 20.5 2.2 I, 163
NevZealand 8.8 -0.9 9.5 119
LrOS 10.05 1.3 5o U 162
The figures doK the Unite& .ingdom, France, the Netherlands and.
Belgium Co not vnclude the ONerseas territories of these countries, whereas
in the formila for weighted. votiny proposed. biKthe omited. dingdOM
representative. the figures include these coxonies, but ezclude
laterdem$erial trac'.
IAPPET=3 V=I
~ * E/PC/T/C/6/62 Page 29 -.
. * *
.ALEMUM UOT Mr .IiTZ 8
t of eighteen members of the Organizationrs o e OrgaSnzation.
of the Organization which have the largest internat
ona 'the fo(b) The three
* popula t ho n oane point her ,h ,l e.t .
international trale.-;wc -;
(br The terece mofgthe r eainin members of the Organization soi ase
insure . datnt, one pon o 10 rpllion
na Btipa income: disoi pin its pern 0a0 illio da.ol .
percentege ofttrdde
(o) The 'nine ±otbet members ofteveuivelor.lhalbe ,eielec tredb
Mii ye , 8,v ,> .. 7
th co-nfe ree enorn the reie conference amng the remainin
to mseat ed~enateretono the presentag of trade ons
*
3. The nine non-permanent members shall be ele
- atiol 5~ *QticCB 531 >tsk p~~et iWnmembers t
/arrengemente
? . . . E:/PC/T/C.6/62
Page 30
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 alternatee and advisers . : -;I' .
, I ' ' 4
/M I I'I
' '.. . ?V ? -" !, . E/PC/T/C/6./62
Page 31
~~ ENDIX IX APPD Dt
EE OF THE PREPARATORY COMMITTEE ATORY CMMITTEE
NATIONS CONFERENCEMNS CONME
AND EMPLOYMENThLOYENT
TRATIVE SUB-COMMITTEE ITE
CATION OF PERMANENT SEATS ON THE EXECUTIVE COMMITTE
Suggestion by the Delegation of PFance
In the course of the work of the first session of the
Preparatory Coomission, it became apparent that differences 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, Ii drafting a Trade Charter, needs which
were commmn to certain groups of countries.
2Tis 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 Committeet'
consideration the following suggestion concernirngthe allocation of permanent
seats on the Executive Cozmitteez:
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 en essential element.
Second Group: Highly industrialized countries in whose economic
/systems E/PC/T/C. 6/62
Page 32
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 permanent seats.
Each countr. 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 re resentatives would. be appointed. for a period of five years.
. ..
NDIX X/APDI APPENDIX .
sUB-NDaTrEE ON VOTING AEMBERSHXECUTIVE BOARD MBERSHIP
Formula for rating Economic Importance
(a) Foreign Trade: 20 votes per 1000 million $
(b) National Income! 2 votes per 1000 million $
(c) Fore:g± 'ar1 recapitaQ 1 vote per 25 $
The above formula,espplied to figuroa for 1938, wouod yield the follawing results:
Foreign Trade National Income Trade per Capita
U.S.A.
U.K. and Colonies (1)
Fran1e and Colonies (l)
U.S.S.R. (including Latvia,
Ebtonia & Lithuania)
fethersanda and Colohiec (1)
Canada 33
India 23
Belgium and Colonies (1) 29
Italy 23
China 18 J
Australia 21
Sweden 20
(ig Intra-trado f'.ures excluded.
(g) Pspulation fiuurea for 1937.
107
157
37
i4
(129)
(44)
42 (16)
128
50 (46)
20 (1°)
40
9 (5)
9
16
5 (4)
Ii
(29)
1.6
2.6
o.6
0.2
(5.4)
(2)
1.0 (6)
6
0.2
3.2 (7)
1.0
16
6 6
5 6.2
Colonies are excluded in tie figure given In
To al
237
210 (]
58 4
54
1-1
0
0)
5j
(27)
4O)
52
48
39
37
35
34
33
31
parentheses.
) ,Ti
6/
., Countries
Argentina
Union of South Africa
Switzerland
New Zealand
Czechoslovakia
Foreign Trade
18
18*
13
9
13
National Income
4
3*
4
1.6
5
Norway 10 2
Brazil 12 4
Poland 9 6
Egypt 7 2
Chile 5 1
Cuba 5
Lebanon and Syria 1 0.4
(1) Intra-trade figures excluded. Colonies are
(2) Population figures for 1937.
(*) Including gold exports.
Trade per Capita Total
2.6 25
3* 24*
6.4 23
10.8 21
1.6 20
6.6 19
0.6 17
0.6 16
0.8 10
2 8
2.4 8
2 3
excluded in the figures given in
Page 34
E/PC/T/C.6/62
parentheses
M E/PC/T/C .6/62
Page 35
APPENDIX XI
DRAFTING COMMITTEE OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
STATEMENT OF THE UNITED KINGDOM DELEGATION ON ITS VIEWS
REGARDING THE COMPOSITION OF THE EXECUTIVE BOARD
The following outlines present views of the United Kingdom Delegation
on the composition of the Executive Board:
1. The Executive Board shoud consist of seventeen or eighteen
Members of the Organization, of whom eight should be permanently
represented upon it. The permanent seats would be allocated to the
first eight Members as determined by the United Kingdom formula
set out in E/PC/T/C.6/W.3. In making the determination in the
first year a fair balance would be struck between prewar and
postwar statistics.
The nine remaining seats would be filled by Members elected by
the Conference.
The United Kingdom has not any settled views upon the basis of
such election but would support provisions which
(a) would yield a fair geographical distribution of at
least a proportion of seats on the Board; (whether by a
specific geographical scheme or otherwise)
(b) allow for rotation of Members in service on the Board.
2. In the election weighted votes would be used.
3. Each Member of the Board should have one vote in all decisions
by the Board. |
GATT Library | nn227pn8837 | Form of the Report of the Drafting Committee | United Nations Economic and Social Council, February 14, 1947 | United Nations. Economic and Social Council and Preparatory Commission of the Conference on Trade and Employment Drafting Committee | 14/02/1947 | official documents | E/PC/T/C.6/82 and E/PC/T/C.6/73-85/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/nn227pn8837 | nn227pn8837_90230148.xml | GATT_150 | 289 | 2,088 | United Nations Nations Unies RESTRICTED
ECONOMIC CONSEIL E/PT/C.6/62
AND ECONOMIQUE 14 February 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
DRAFTING COMMITTEE OF THE PREPARATORY COMMITTEE OF THE MW TE OF TE
AL CONFERENCE ON TRADE AND EMPLOYMENTL OIYYMT
E REPORT OF THE DRAFTING COMMITTEE CONITT
The work of the Drafting Committee hpronow Ieogressod sufficiently to
enable the Secretariat to intheate Ci^ preparation of the Report for
consideration be the Sscond Session. It has bedn foun that certain points
are not entirely clear and it may be useful for theaSecretzriatato adv-nce
herewith its interpretation of theexiews eZpressed by the Drafting
Ccnitee in this respect.
(a) In the mimeographed document containing the text of the Report that
will be circulated to the Draftimng Comittee for its final approval,
countries will be mentioned throughout. In the printed. Report, the
namesof countries will not appear.
(b) Square brackillets w be used to enclose working the adoption of
which is left for future consideration for reasons other than a
divergence eosf viw on substance.
(c) Alternatixve tets will be included in the text of the Draft
Charter whenever the Drafting Committee has sido deced; otherwise,
they will be incorporated incommentary.ary. -
(d) Reservations made at the First Session and maintained at the
Drofming Ccmnittee will be mentioned accordingly in the commentary.
(e) The Drofting Ccmmittee shiuld decade whether the text of each
wrticle accinoabued mpanie&cbmm the comentary thereon, or whether the
entire text of the Charter will be given first, followed by the
ry.ntary.
(f) The commewtary vill include reservations, observations, explanatory
/notes E/PC/T/C.6/82
Page 2
notes and comments; it will exmplain the changes and suggestions made
by the Drafting Committee, so that the Second Session may readily
comprehend the purpose behind such alterations. |
GATT Library | wb945bx3259 | Formula for weighted voting | United Nations Economic and Social Council, February 4, 1947 | United Nations. Economic and Social Council and Sub-Committee on Voting and Executive Board Membership | 04/02/1947 | official documents | E/PC/T/C.6/W.47 and E/PC/T/C.6/W/26-58 | https://exhibits.stanford.edu/gatt/catalog/wb945bx3259 | wb945bx3259_90230252.xml | GATT_150 | 282 | 1,614 | SUB-COMMITTEE ON VOTING AND EXECUTIVE BOARD MEMBERSHIP
Formula for weighted voting:
(a)
(b)
(c)
The above formula,
Foreign Trade: 20 vote
National Income: 2 vote
Foreign Trade per capita: 1 vote
applied to figures for 1938, would
Foreign Trade
National Income
s per 1000 million $
s per 1000 million $
per 25 $
yield the following results:
Trade per Capita
U.S.A.
U.K. and Colonies (1)
France and Colonies (1)
U.S.S.R. (including Latvia,
Estonia & Lithuania)
Netherlands and Colonies (1)
Canada
India
Belgium and Colonies (1)
Italy
Australia
Sweden
China
(1) Intra-trado figures excluded. Colonies are excluded in the figure
(2) Population figures for 1937.
given in parentheses.
COUNTRY
S
O
C
I
L
128
United
Total
1.6
107
157 (129)
37 (44)
42 (16)
33
23
29. (29)
23
21
20
10
50 (46)
20 (19)
40
9 (5)
9
16
5 (4)
11
6
5
16
2.6 (5.4)
0.6 (2)
0.2
1.0 (6)
6
0.2
3.2 (7)
1.0
6
6.2
237
210 (180)
58 (65)
54
52 (27)
48
39
37 (40)
35
33
31
26
08
@
a N
IF5J
.. .
4 ~ Foreign Trade
National Income
Trade per Capita
Argentina
Switzerland*
New Zealand
C zechoslovakia
Norway
Union of South Africa
Brazil
Poland
Egypt
Chile
Cuba
Lebenon and Syria
18
13
9
13
10
13
12
9
7
5
5
1
(1) Intra-trade figures excluded.
(2) Population figures for 1937.
4
1.6
5
3
4
6
2
1
2.6
10.8
1.6
6.6
0.6
0.6
0.8
2
1
0.4
2.4
Colonies are excluded in the figure
E
r.' -3
0.
4:'-
-4
25
23
21
20
19
18
17
16
10
8
8
3
given in parentheses.
Countries
Total |
GATT Library | yd411zv5846 | Formula for Weighted Voting : Proposed by the United Kingdom Representative | 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.3 and E/PC/T/C.6/W/1-25 | https://exhibits.stanford.edu/gatt/catalog/yd411zv5846 | yd411zv5846_90230200.xml | GATT_150 | 277 | 2,112 | United Nations Nations Uities
RESTRICTED
ECONOMIC CONSEIL E/PC/T/C.6/W.3
AND ECONOMQUE 21 January 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
FORMULA FOR WEIGHTED VOTING
PROPOSED BY THE UNITED KINGDOM REPRESENTATIVE
Factors (a) External trade: 20 votes per '000 million $
(b) National Income: 2 votes per 000 million $
(c) Population: 1 vote per 10 million
(d) Percentage of trade to national income:
1vote per 10 per cent.
(e) Basic vote 100.
The above formula, applied to the figures of external trade for 1937
and of national income for 1940, together with the most up-to-date
approximate figures of population available, would yield the following
results for the countries participating in the Preparatory Committee (we
contemplate that there would be pericdical revisious - perhaps quinquennial -
to take account of changes that have taken place affecting the basic data):
Number of Votes
1. United States .399
2. United Kingdom and Colonies. 335
3. USSR 199
4. India...194
5. France.. . 182
6. China .. ..131
7. Netherlands and Colonies.... 168
8. Canada . ........... 152
9. Belgium and. Colonies. . 149
10. Australia. .. .................. . 132
11. Czechoslovakia . ........ 127
12. Brazil 126
13. South Africa . ........ 124
14. New Zealand . ) . ..............
16. Cuba. ).............. ...
Chile)
We contemplate that the order thus determined would also be used for
the purpose of allocating permanent seats on the Executive Board: thus If
there were to be eight permanent seats, they would in the first instance,
be allotted to the countries numbered 1 to 8 above. The allocation would
be liable to be changed from time to time as the result of the periodical
revisions. |
GATT Library | qq325vd1641 | Fourth Committee: Restrictive Business Practices : Third Meeting, Wednesday, 3 December 1947, 10.30 a.m. Conference Room C Agenda | United Nations Conference on Trade and Employment, December 3, 1947 | 03/12/1947 | official documents | E/CONF.2/C.4/2 and E/CONF.2/C.4/1-25 | https://exhibits.stanford.edu/gatt/catalog/qq325vd1641 | qq325vd1641_90190643.xml | GATT_150 | 0 | 0 | ||
GATT Library | sz099ct3723 | Fourth Committee: Restrictive Business Practices : Third Meeting, Wednesday, 3 December 1947, 10.30 a.m. Conference Room C Agenda | United Nations Conference on Trade and Employment, December 3, 1947 | 03/12/1947 | official documents | E/CONF.2/C.4/2 and E/CONF.2/C.4/1-25 | https://exhibits.stanford.edu/gatt/catalog/sz099ct3723 | sz099ct3723_90190643.xml | GATT_150 | 85 | 635 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C 4/2
3 December 1947
ENGLISH - FRENCH
FOURTH COMMITTEE: RSTRICTIVE BUSINESS PRACTICES
Third Meeting, Wednesday, 3 December 1947, 10.30 a.m.
Conference Room C
AGENDA
1. General discussion of Chapter V of Draft Charter.
2. Any other business.
QUATRIEME COMMISSION : SSION: PRATIMMERCIALES UESTCOWXMVECIAL RESIRICTIS
Trfie2mtines6ncTe, Macredi 3 ad10htembre 1947, &l30
Saflde conl6rece C
ORDRE WJOUR
1. DisTcTussion gnral du Chapitre V du project de Charte,
2, uestions sdiverse. |
|
GATT Library | zd655hy6461 | Fourth Meeting, 24 January 1947, 2:45 p.m | United Nations Economic and Social Council, January 27, 1947 | United Nations. Economic and Social Council, Preparatory Commission of the Conference on Trade and Employment Drafting Committee, and Technical Sub-Committee | 27/01/1947 | official documents | E/PC/T/C.6/16 and E/PC/T/C.6/1-20 | https://exhibits.stanford.edu/gatt/catalog/zd655hy6461 | zd655hy6461_90230047.xml | GATT_150 | 648 | 4,385 | United Nations Nations Unies
ECONOMIC CONSEIL E/PC/T/C.6/16
AND ECONOMIQUE 27 January 1947
SOCIAL COUNCIL. ET SOCIAL ORIGINAL: ENGLISH
DRAFTING COMMITTEE OF THE PREPARATORY COMMITTEE OF THE
INTERNATIONAL CONFERENCE ON TRADE AND EMPLOYMENT
Fourth Meeting, 24 January 1947, 2:45 p.m.
Chairman Mr. R. J. Shackle
Article 16, paragraph 6
The Sub-Committee resumed its discussion of paragraph 6 of Article 16,
Freedom of Transit. This was fimally adopted with the Australian amendment,
slightly reworded. The completed paragraph now reads:
"Each member shall accord to products which have been in transit
through any Member country treatment no less favourable than that
which would have been accorded to such products had they been
transported from their origin to their destination without going
through such other Member country. Any Member country shall, however,
be free to maintain its existing requirements of direct consignment
(expedition director) in respect of any goods in regard to . :'a-
direct consiganment is a requisite condition of eligibility for .
of goods at preferential rates of duty, or has relation to the
country's prescribed method of valuation for duty purposes.
The Delegate for Canada stated his position with reference to
paragraph 6 as follows:
"With referance to the minutes of the meeting of 23 January 1947
Canda wishes the record- to show that the Canadian Delegate mentioned
in connection with discussions of the amendment to paragraph 6 of
Article 16 (Freedom of Transit) that there were certain requirements
for preferential treatment in addition to the direct shipments
/requirement,~~~~~~~ Ile lr;a ; 9 E/PC/T/C. 6/16
Pege 2
requirement. An obvious example is `content' requirements. Canada
would consider itself free to adjust such requirements if necessary -
e.g. the verious British Commonwealth countries might scme day attempt
to arrive at a common `content' requirement, to replace the present
`content' requirements which differ among each Commonwealth country
Reference was made to the Barcelons Convention of 1921 on Freedom of
Trarnsit to which some Members of the Preparatory Committee are signatories.
It was noted that there was no apparent inconsistency between Article 16
of the Charter and the provision of the Convention. Should' the question
of a new transit Convention be raised, which appears to be the case, the
sub-Committee felt that the International Trade Organization might wish
to co--operate.
Attention was also drawn to the existence of other treaties and
conventions of which members of the Preparatory Committee are parties,
that relate to matters covered. by the ITO Charter. It was felt that the
members would have to consider, before signing the Charter, to what
extent their obligations under such treaties or conventions were in
conflict with those they would have to assume as members of the ITO.
It was noted that the following reservations (referred to in
document E/PC/T/C.II/54/Rev.1) with reference to Article 16,
paragraphs 1 - 5, had not been wholly disposed of by the changes adopted:
Paragraph 3: Reservation by India (page 9, under (a));
Paragraph 5: The Union of South Africa (page 10):
"because it grants preferential freight rates to the products of
certain contiguous territories").
NCTE: After the meeting, the Delegate for Chile pointed out to the
Secretariat that the position of his country takan in London with
reference to Article 1 (as a whole) was not recorded in
Document E/PC/T/C.11/54k/Rev.1. Pending consideration of the
Chilean Government of this Article as now redrafted by the Sub-
Committee, he wished to reserve his position with respect to the
transit agreement which Chile has concluded with neighbouring
countries. He anticipated being able to confirm or withdraw his
reservation before the end of the session.
/Article 17
I E/PC/T/C.6/16
Pege 3
Article 17
Paragraph 1 of Article 17 was dealt with primarily at the fourth
meeting. Since certain changes in this paragraph were introduced also
during the fifth meeting, it has been thought preferable to report on
the whole of Article 17 in the summary record of that meeting. |
GATT Library | wb374pf1593 | Fourth Meeting, Thursday, 4 December 1947, at 10.30 a.m. Agenda | United Nations Conference on Trade and Employment, December 3, 1947 | First Committee: Employment and Economic Activity | 03/12/1947 | official documents | E/CONF.2/C.1/2 and E/CONF.2/C.1/1-26 | https://exhibits.stanford.edu/gatt/catalog/wb374pf1593 | wb374pf1593_90180222.xml | GATT_150 | 94 | 650 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C.1/2
3 dTcembre 1947
ENGLISH - FRENCH
FIRST COMMITTEE: EMPLOYMENT AND ECONOMIC ACTIVITY
Fourth Meeting, Thursday, 4 December 1947, at 10.30 a.m.
AGENDA
1. Conclusion of general discussion on Chapter II as a whole
2. Discussion of Chapter II, article by article.
PREMIERE COMMISSION: EMPLOI ET ACTIVITE ECONOMIQUE
QuatriFme sTance,jeudi 4 dTcembre 1947,à
10 h.30
ORDRE DU JOUR
1. Fin de la discussion gTnTrale sur l' onsemble du chapitre II.
.2 Discussion du chapitre II, article par article. |
GATT Library | km410qm8490 | Fourth Plenary-- (AM) Take # 2 | 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/km410qm8490 | km410qm8490_90200334.xml | GATT_150 | 257 | 1,609 | UNITED NATIONS CONFERENCE ON TRADE & EMPLOYIMENT
Department of Public Information
Havana, Cuba
(AM) TAKE # 2
Press Release ITO 46
27 Novenmber 1947
FOURTH PLENARY -- (AM) TAKE # 2
The Representative of Pakistan, MR. M.A.H. ISPAHANI, emphasized
the importance of trade and employment in the present-day world.
"A new economic order," he said, should be set up, and Pakistan
was ready to help in the establishment of the ITO as the proper organ
to usher in this new economic order.
Pakistan, he said, was primarily an agricultural country - a
producer of raw materials. Pakistan, he added, was trying to estab-
lish a balanced economy to reduce the pressure on her land (soil).
Mr. Ispahani added that the underdeveloped countries must be
aided in their struggle for fuller development. The Draft Charter,
he said, appeared to have paid toc little attention to this vital
matter.
Exopansion of trade, he said, requires multilateral convertibility
of balances and currencies. This field, he declared, was primarily
the domain of the International Monetary Fund, but the ITO, too,
.ust keep this important issue in mind.
He recalled that Pakistan had signed the General Agreement on
Tariffs and Trade emerging from the Preparatory Comnittee' s work.
He hoped that in the end Pakistan's newly acquired status as
a separate state would be taken into consideration in the matter of
tariffs.
Mr. Ispahani concluded by expressing hope for the successful
conclusion of the Conference's work, i.e., the creation cf the
Charter of the International Trade Organization.
(END OF TAKE # 2) |
GATT Library | sn751dv4099 | Fourth Plenary Meeting (AM ) Take # 5 | United Nations Conference on Trade and Employment, November 27, 1947 | Department of Public Information Havana, Cuba and United Nations Conference on Trade and Employment | 27/11/1947 | press releases | Press Release ITO/46 and ITO/1-48 | https://exhibits.stanford.edu/gatt/catalog/sn751dv4099 | sn751dv4099_90200337.xml | GATT_150 | 605 | 3,817 | UNITED NATIONS CONFERCE ON TRADE AND EMPLOYMENT
Department of Public Information
Havana, Cuba.
UN Conference on Trade & Employment (AM) TAKE # 5
Fourth Plenary Meeting Press Release ITO/46
27 November 1947
FOURTH PLENARY MEETING (AM ) TAKE # 5
On behalf of the United States, Mr. William L. Clayton addressed
the plenary meeting. He said he had "not the slightest doubt" that
the Conference would succeed.
Mr. Clayton described the Draft Charter as "the Bretton Woods
of Trade" Witlout which all efforts to establish a basic structure
for cooperation in the field of international economics, would
collapse under the assaults of economic nationalism.
The tragic history of the period between the two world wars,
said Mr. Clayton, was a positive proof that the path of enlightened
self-interest in international on relations leads to the highway of dis-
cussion, caocnrnticn and mutual respect.
It was the purpose of the Charter, he added, to promote a
proper system of exchange under which the world should have no
surplus problems.
All efforts to resolve the various problems of production and
to help in the restoration of war-shattrered economies would prove
futil, unless a Charter for organizing the world' s trade effectivce-
ly is soon adopted. The Charter, he continued, was a vital part of
the building of a new world, because it tends to insure increase in
the production, distribution and consumption of goods so that
people everywhere may have more to cat more to wear and better
homes in which to live.
The United States / Mr.Clayton added,strongly favored the sound
develoapemnt of the rescurces of the world and accelerating of in-
dustrialization because such a development would increaase the
standard of living and would add to the trade and the wealth of all
countries. (More) -2- (AM) TAKE # 5
ITO/46
Economic development, however, Mr. Clayton added, could only
be assured by constructive measures. In spite of the strong con-
victions of the U.S.A. delegation that negative and restrictive
measures might destroy the basis on which the exchangeability of
goods rests, the U.SA. has gone far to meet opposing points of
view as is proved by its support of Chapter III of the Charter.
In this connecton, Mr. Clayton called erroneous the belief that
the development of the U.S. was the product of a high protective
tariff and declared that such development was rather due to free
trade among the 43 states.
after having enumcrated the basic principles of the Charter
with which the U.S.A. delegation was in full agreemnnt, Mr. Clayton
warned against the danger of overloading it with too many excep-
tions and escape clauses. "We could not, he said, accept an in-
strument, adepted in the name of economic cooperation which in fact
sanctioend economic conflict."
Carefully prepared by the work in London and in Genava, the
draft, continued the Representative of the U.S. , was designed to
meet the needs of all nations, the draft, he added, was of course
neither sn s_-.Cts nor rfcct, but in view of the thorough study
involved in its drafting it would be wise if all members would ex-
amine closely any amendment or change they were suggesting.
There are only two roads open to us, Mr. Clayton concluded
One leads to multi-lateral, non diseriminatory trade with a great
increase in the wealth of the world and with happier relationship
between all countries, the other leads to economic nationalism, re-
strictionism, bilateralism, discriminatory practices, a lowering
of the standard of living and bad feeling all around. We must
choose now, declared the Representative of the U.S., which road we
will take.
(End of Take #5) |
GATT Library | xx763fq1618 | Fourth Plenary Meeting--( AM) Take # 6 | United Nations Conference on Trade and Employment, November 27, 1947 | Department of Public Information Havanna; Cuba and United Nations Conference on Trade and Employment | 27/11/1947 | press releases | PRESS RELEASE ITO/46 and ITO/1-48 | https://exhibits.stanford.edu/gatt/catalog/xx763fq1618 | xx763fq1618_90200338.xml | GATT_150 | 249 | 1,587 | UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
DEPARTMENT OF PUBLIC INFORMATION
HAVANNA; CUBA
(AM) TAKE # 6
PRESS RELASE ITO/46
27 November 1947
FOURTH PLENARY MEETING -- ( AM) TAKE # 6
Dr. LUIS JULIAN PEREZ of the Dominican Republic told the
plenary meeting that his country was ready to help at any moment
all organizations attempting to improve world conditions and
improve the structure of peace, as witness the Dominican Republic's
participation in the UN, FAO, UNRRA, etc.
Conscious of her responsibily, the Dominican Republic, said
Dr. Peres, was ready to cooperate now in the work of this Conference.
His country, he added, did not regard the Draft ITO Charter
as adequate, particularly concerning the economic development of
underdeveloped countries. The Draft Charter was, he feared, too
abstract, not concrete enough, on this and several other points.
The Draft Charter, he added, showed "a marked disequilibrium"
as between the various participating nations.
On the question of tariffs and trade, he stressed the
special position of the Dominican Republic which "only yesterday
was the cinderella of the Caribbean": no favorite nation treatment
for Dominican Republic but, instead, discrimination
The task of the present conference, he said, was to establish
a Just organization, not to accept a fait accompli.
In conclusion, he praised in general the work of the
Preparatory Committee.
The meeting, then adjourned. The next plenary meeting will
be held tomorrow, 28 November at 10;30 A.M.
(END OF TAKE # 6 , AMD PF [RESS REEASE OTP/ 46) |
GATT Library | sd897tp0833 | Fourth Plenary Meeting--(AM) Take # 3 | 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/sd897tp0833 | sd897tp0833_90200335.xml | GATT_150 | 615 | 3,957 | UNITED NATIONS CONFERENCE ON TRADE & EMPLOYMENT
Department of Public Information
Havana, Cuba
Press Release ITO/46
27 November 1947
FOURTH PLENARY MEETING--(AM) TAKE # 3
The third speaker this morning was DR. STANISLAW RACZKOWSKI of
Poland. (For text of his address, see ITO/39).
Dr. Raczkowski said:
"Our main doubts concerning the Draft Charter are based on fears
that its introduction at the present time is premature. It sees to
us that the right moment for the introduction of this Charter is still
rather far away and that the Actual world conditions do not tend to
facilitate and hasten its forthcoming."
Mr. Raczkowski declared that while his delegation agreed with
quite a number of the provisions included in the Draft Charter, par-
ticularly in regard to the necessity of expansion of world trade,
Poland has some serious doubts concerning the draft as a whole.
Poland, he said, was not opposed to the multi-monetary situation in
Europe that his country had to rely almost exclusively on bilateral
trade agreements.
One of the basic principles of the Draft Charter, continued the
representative of Poland, was the non-discriminatory treatment of all
members of the Organization. Such a principle, he said, could only
be applied when actual economic conditions could warrant such equal-
ity. This, however, he said, was far from being the case since the
last war had actually accentuated the economic differences between the
various countries. It was true, said Mr. Raczkowski, that the Draft
Charter contained special provisions to take into account existing
inequalities, but in his opinion the authors of the Draft Charter were
too optimistic concerning the length of the transitional period at the
end of which the world's "economic qualibrium" would be fully restered
(MORE) TAKE # 3 -2- ITO/46
In Mr. Raczkowski' s view it would be better to postpone theo es-
tablishment of permanent rules governing the international trade, but
if the contrary were decided, the exceptional provisions should become
the core of the Draft Charter and be liberalized gradually as the
economic conditions of the world improved.
Speaking of the inter-relation between employment and interna-
tional trade on one hand, and the international financial and invest-
ment policy on the other hand, Mr. Raczkowski affirmed that as long
as the latter remained unchanged, the new International Trade Organiz-
ation would be of no help.
Many countries, he said, and especially those devastated by the
war, needed financial help in order to increase their production and
improve the standard of living of their population. Taking Poland as
an example, Mr. Raczkowski declared that the coal production of his
country coulb be substantially increased if a certain amount of mining
equipment could be imported from abroad. Such an increase, he added,
would be profitable net only to Poland, but to the whole of Europe.
However, he said, it was made impossible at' this time because Poland
was being subjected to a sort of credit blockade on the part of the
governments and institutions which dispose of international
investment capital. The flow of capital goods, he affired, was
based mainly on political considerations and this fact would not only
deepen the economic inequlities, but would force all countries, which
are denied outside help, to rely on bilateral agreements in order to
safeguard their balance of payments.
There could be no sound development of international trade, said
Mr, Raczkowski, without a sound international investment policy,
After recalling the efforts made by Poland to develop more and
more her commercial relations Mr. Raczkowski concluded by saying that
the presence of his country at the Conference was actual proof of its
genuine interest in the revival and development of the international
trade.
(END OF TAKE # 3) |
GATT Library | hs551jq0678 | Fourth Plenry Meeting--(AM) take # 4 | 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/hs551jq0678 | hs551jq0678_90200336.xml | GATT_150 | 434 | 2,796 | UNITED NATIONS CONFERENCE ON TRADE & EMPLOYMENT
Department of Public Information
Havana, Cuba
(AM ) TAKE # 4
Press Release ITO/46
27 November 1947
FOURTH PLENRY MEETING --(AM) TAKE # 4
The Representative of Sweden, MR. STIG SAHLIN, was the next
speaker at the plenary meeting. (See ITO/35 for text of Mr. Sahlin's
speech).
The Charter, said Mr. Stig Sahlin, representative of Sweden, was
an impmressive document testifying to the skill and knowledge of
those who were responsible for its preparation.
Organizing channels for world trade was an important and neces-
sary task but in itself would not be sufficient. Any such organiz-
ation, he added, would fail if the participating countries did not
put their home economies on a sound and stable basis, thus contribut-
ing to a healthy balance in general trade conditions.
In addition to the danger of deflationary tendencies, Mr. Sahlin
declared that late developments have shown the existence of an op-
posite risk, that of inflationary tendencies upsetting balances of
payments and leading to important restrictions.
In order to make it possible, he added, for individual countries
to balance their economists, steps must be taken to reduce the acute
tensions invading between different markets.
During, the work now ahead of us said the representative: of Sweden,
nc one should lose sight of the supreme objective of the Charter--
freeing the flow of multilateral trade.
Mr. Sahlin then drew the attention of the Conference to the fact
that because the prolongation of the reconstruction period and also
in view of the accelerated impoverishment of Europe, the situation
facing members of the organization was entirely different from that
which existed when the plans for a world organization were launched.
However, he remarked, it was wise to tackle right now the complex
problems before the organization. (MORE) (AM) TAKE # 4 -2-
Speaking of the relations between member states and states which
might outside the organization the Swedish delegate urged that the
Charter should not contain any provision obligating members to dis-
criminate against non-member states.
Referring to the long-range policy which Sweden was adopting
with regard to agricultural production aimed at securing for the
rural population of the country the same social and economic stand-
ards as other population groups, Mr. Sahlin declared that such a
policy was in perfect harmony with the general objectives of the
United Nations Charter.
The delegate of Sweden expressed his country's will to contribute
to the work of the Conference and thus to lend its support to the
establishment of more favorable conditions for world trade and
humanity at large.
(END OF TAKE #4
ITO/46 |
GATT Library | bp000xn5389 | Functions of the International Trade Organization : Tentative Suggestions by the Delegation of the United Kingdom | United Nations Economic and Social Council, February 10, 1947 | United Nations. Economic and Social Council and Preparatory Commission of the Conference on Trade and Employment Drafting Committee | 10/02/1947 | official documents | E/PC/T/C.6/W.62 and E/PC/T/C.6/W/58-80 | https://exhibits.stanford.edu/gatt/catalog/bp000xn5389 | bp000xn5389_90230269.xml | GATT_150 | 367 | 2,465 | United Nations Nations Unies RESTRICTED
ECONOMIC CONSEIL E/PC/T/C.6/W.62
10 February 1947
AND . . ECONOMIQUE H
SOICAL COUNCIL ET SOIAAL
.. .. r ,
DETAEEMOF PREPARA O C COMMITTNRYOF'.CQW IEE i,
NS COBFERENCE ON TRADE AND EMP
TU 1TIOF NC T:NS IamHE RNL RAIATION aRTGADTION'
=MATrVEITEATIUIIS- 3GGE N BTLMATITHE DELEGAE1FDD THK:D UNIT
e . ,. ;.
Pagramaph 3
It isus ggested ahet this should bame=6nded to readn (ew wording
underlined):
"To csonult with, and to make recommendations and reports to
Members, and, prasovided for in this Charter, to make determinations,
findings and declarations and to take any other appropriate steps,
regarding any matter relating to the purposes of the Organizition or the
operation of this Charter, including the following:
(a) Collabarction, as necsary cxwith the Economic and Social Council
of the United nations and with other apppr]Eiate inter-governmental
organizations, with a view to the achievement and maintenance of
effective demand andmeEployment, pursuant to thp Zrovisison of
ChapteIIIr ;
(b) aAMsures formpinlementing the purposes of the Organization in
encouraging and assisting the industrial and general economic
development of Member countriesp Mursuant to thpr Eovisions of
ChapteIVr ;*-
* As regards paragrhpbs a ;nd 3 (b) (3 (d) in the London text) of Article 61
-it would seem necessary to defer final decisions pending ns de atrti oybY
the Economic and Social Council of the Resolution addressed to it by the
Preparatory mmosittee-regarding Article1-1 (3) - See Annexure 8 onagpee 43
of the Report of theoL:nnoS 8ession..-
/(c). The discharge
7
:
. E/PC/T/C, 6/W.62 -;
Page 2
ers, . :
(c) .The-discharge of the re'nsibilitIes of the Organization,
or -te Members, under Chapter V;' t'.' ' t.'' .'
(d) measures forImplementln the purposess wh rerd to-
restrictive business practices set forth in Chapter VI-
( R. -r athep iio~io to nmdi ty arsngeents, etc.
Paap .+ *. -. ;'K> *:.A'
After thbs perepI,. add..a new paragraphas follo . .:
' the exercise of its functions as defined in' aragraphs 3 and A
above, to hse regard to the need of Members to take action within the
provisions of this Charter to safeguard their economies against externaI
deflationa. pressure es.cont~zDated in Article 8." .
., n. - - ? |
GATT Library | xd460nc6203 | Future Programes of Meetings | 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/157 and E/PC/T/INF/132-198 | https://exhibits.stanford.edu/gatt/catalog/xd460nc6203 | xd460nc6203_90200588.xml | GATT_150 | 134 | 866 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
CONSEIL
ECONOMIQUE
ET SOCIAL
UNRIESTRICTED
L/PC/T/INF 1947
9 July 1947
SECOND SESSION OF THE PREPARARATILL OF THE
UNITED NATIONS CONFARENCE ON TRADE AND EMPLOYMENT
Future Programes of Meetings
Friday, July 11th
Sub-committee on Chapter IV
Sub-committee on Chapter VIII
Commission B (II & I)
Sub-committee on Articles 26, 28 and
29
10. 30
10.30
2.30
2. 30
Room VIII
Room IX
Room VII
Room 210
Saturday, July 12th
Tariff N-gotiations Working Party
Legal Drafting Committee
Monday, July l4th
Sub- committee on Articles 14, 15
Sub-committee on Article 36*
Commisssion B (30 and 45)
10.30 Room. 218
10.30 Room 242
and 25
10. 30
10.30
2.30
Room VIII
Room 210
Room VIII
* This meetting has been postponed from Friday to Mo...day
when it was originally scheduled.
N'ATIONS UNIES |
GATT Library | pz365ww7401 | Future Programme of Meeting | United Nations Economic and Social Council, September 20, 1947 | United Nations. Economic and Social Council and Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | 20/09/1947 | official documents | E/PC/T/INF/286 and E/PC/T/INF/272-330 | https://exhibits.stanford.edu/gatt/catalog/pz365ww7401 | pz365ww7401_90200722.xml | GATT_150 | 183 | 1,279 | UNITED NATIONS NATIONS UNIES
ECONOMIC
AND
SOCIAL COUNCIL
CONSEIL
ECONOMIQUE
ET SOCIAL
UNRESTRICTED
E/PC/T/INF/286
20 September 1947
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Future Programme of Meeting
Monday, September 22, 1947
Legal Drafting Committee
of Taritff Agreement Committee
Tuesday, September 23,1947
Tariff Agreement Committee
Tariff Agreement Committee
Wednesday, September 24, 1947
Tariff Negotiations Working
Party
9.30
10.30
3.00
10.30
Room 215 Private
Room VIII Private
Room VIII Private
Room 218 Private
DEUXIEME SESSION DE LA COMMISSION PREPARATOIRE
DE LA CONFERENCE DU COMMERCE ET DE L'EMPLOI DE
L' ORGANISATION DES NATIONS UNIES
Programmes des prochaines séances
Lundi 22 september 1947
Comité 2uridique de redaction
du Comité chargé de l'emamen de
l'Accod sur les tarifs
douaniers
Mardi 23 septembre 1947
Comité chargé de l'examen
de l'Accord sur les tarifs
douaniers
Comité chargé de l' examen
de l'Accord sur les tarifs
douaniers
Mercredi 24 septembre 1947
Groupe de travail chargé des
négociations tarifaires
9 h 30 Salle 215 Privée
10 h 30 Salle VIII
15 h.
Salle VIII
Privée
Privée
10 h 30 Salle 218 Privée
. |
GATT Library | dr486wy4718 | Future Programme of Meetings | United Nations Economic and Social Council, August 1, 1947 | United Nations. Economic and Social Council and Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | 01/08/1947 | official documents | E/PC/T/INF/196 and E/PC/T/INF/132-198 | https://exhibits.stanford.edu/gatt/catalog/dr486wy4718 | dr486wy4718_90200629.xml | GATT_150 | 112 | 773 | UNITED NATIONS NATIONS UNIES
ECONOMIC
AND
SOCIAL CONCIL
CONSEIL
ECONOMIQUE
El SOCIAL
UNIRESTRICTED
E/PC/T/INF/196
1 August 1947
SECOND SESSION OF THE PAREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFRENCE ON TRADE EMPLOYMENT
Fuitue Pregrame of Meetings
Monday. Auguest 4 th
Ad hee woriking group on Artiele 86,
in rolation to Chapter IV
Chairmean's Committee
8.30
10.30
Tarif agrement commitee
at close of
Chairman 's Committee
Sub-cemittee on Chapter IV
Sub-cemmittee on Artieles 26, 28, 29
Sub-cemmittee on Chapter IV
Sub-committee on Chapter IV
Sub-committee on Articles 26, 28, 29
Sub-committee on Chapter IV
Wednesday, August 6th
Sub-committee on Chapter IV
Sub-committee on Chapter IV
2.30
2.30
9.00
2.30
2. "O
9.00
2.30
9.00 |
GATT Library | jh063mr0544 | Future Programme of Meetings | United Nations Economic and Social Council, July 11, 1947 | United Nations. Economic and Social Council and Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | 11/07/1947 | official documents | E/PC/T/INF/162 and E/PC/T/INF/132-198 | https://exhibits.stanford.edu/gatt/catalog/jh063mr0544 | jh063mr0544_90200595.xml | GATT_150 | 181 | 1,212 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
CONSEIL
ECONOMIQUE
ET SOCIAL
UNRESTRICTED
E/PC/T/INF/162
July 11th, 1947.
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Future Programme of Meetings
Tuesday. July 15th
Sub-committee on Articles 25 and 27
Sub-cormmittee on Articles 31 and 32
Sub-committee on chapter VIII
Commission B (Voting and composition
of the Executive Board)
Sub-committee on Articles 26, 28
and 29
10.30
10.30
10.30
2.30
2.30
Room- 210
Room VIII
Room IX
Room VIII
Room IX
Wednesday, July 16th
Sub-committee on Articles 14, 15
and 24
Sub-committee on Article 33
Sub-committee on Chapter VIII
Commission A (Technical Articles)
Commission B (Voting and. composition
of the Executive Board)
Sub-committee or Articles 26, 28
and 29
Thursday, July 17th
Sub-committee on Articles 26, 28
and 29
Sub-committee on Chapter IV
Sub-committee on Chapter VIII
Commission B (Voting and composition
of the Executive Board)
10.30 Room 210
10.30
10.30
2.30
2.30
2.30
Room VIII
Room IX
Room VIII
Room IX
Room VI
10.30 Room VIII
10.30
10.30
2.30
Room VI
Room IX
Room VIII
NATIONS UNIES |
GATT Library | vc224vg5098 | Future Programme of Meetings | United Nations Economic and Social Council, July 4, 1947 | United Nations. Economic and Social Council and Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | 04/07/1947 | official documents | E/PC/T/INF/147 and E/PC/T/INF/132-198 | https://exhibits.stanford.edu/gatt/catalog/vc224vg5098 | vc224vg5098_90200577.xml | GATT_150 | 137 | 902 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
CONSEIL
ECONOMIQUE
ET SOCIAL
UNRESTRICTED
E/PC/T/INF/147
4 July 1947.
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Future Programme of Meetings
Tuesday, July 8
Sub-committee on Articles 14, 15 and 24
Sub-committee on Chapter VIII
Tariff Negotiations Working Party
Commission A (26, 28, 29)
Legal Drafting Committee
Wednesday, July 9
Sub-committee on Chapter IV
Sub-committee on Chapter VIII
Commission A (26, 20, 29)
Thursday, July 10
Sub-committee on Articles 14, 15 and 24
Sub-committee on Chapter VIII
Commission A (Technical Articles)
Commission B (II & I)
10.30
10.30
2.30
2.30
3.00
10.30
10.30
2.30
10.30
10.30
2.30
2.30
Room VIII
Room IX
Room 218
Room VIII
Room 242
Room VIII
Room IX
Room VIII
Room VIII
Room IX
Room VIII
Room IX
NATIONS UNIES |
GATT Library | pn754qr6349 | Future Programme of Meetings | United Nations Economic and Social Council, July 2, 1947 | United Nations. Economic and Social Council and Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | 02/07/1947 | official documents | E/PC/T/INF/141 and E/PC/T/INF/132-198 | https://exhibits.stanford.edu/gatt/catalog/pn754qr6349 | pn754qr6349_90200571.xml | GATT_150 | 145 | 1,066 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
CONSEIL
ECONOMIQU E
ET SOCIAL
UNRESTRICTED
E/PC/T/INF/141
2 July, 1947
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Future Programme of Meetings
Friday, July 4th
Sub-committee on Chapter VIII
Legal Drafting Committee
Tariff Negotiations Working Party
Preparatory Committee
Commission A (Technical Articles)
Preparatory Committee
Commission B (VIII)
Sub-committee on Article 30
Consultative Committee
(if required)
Saturday, July 5th
Preparatory Committee
Commission A (Special Meeting
continued)
Monday, Julv 7th
Sub-committee on Chapter VIII
Sub-committee on Chapter IV
Sub-committee on Article 36
Preparatory Committee
Executive Session
Preparatory Committee
Commission A (26, 28, 29)
10.30
10.30
18.30
2.30
2.30
3.00
4.30
10.30
10.30
10.30
10.30
2.30
Room IX
Room 234
Room 218
Room VIII
Room IX
Room
Room
VI
210
Room VIII
Room IX
Room VIII
Room 210
Room VIII
following Executive
Session
NATIONS UNIES |
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